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HomeMy WebLinkAboutAgenda Packet 01/06/2015 . ' ' ; CITY COUNCIL MEETING 321 East 5th Street W A S H I N G T O N, U. S. A. January 6, 2015 SPECIAL MEETING — 5:30 p.m. REGULAR MEETING — 6:00 p.m. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. Mayor to determine time of break. The items of business for regular Council meetings may include the following: A. CALL TO ORDER- SPECIAL MEETING AT 5:30 P.M. —Executive Session under authority ofRCW 42.30.1 10(l)(i), to discuss potential litigation with legal counsel. CALL TO ORDER -REGULAR MEETING AT 6:00 P.M. B. ROLL CALL PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS C. PUBLIC COMMENT - D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS - E. CONSENT AGENDA/Approve 1. City Council Minutes:December 2, 2014 and December 16, 2014.......................................................................................E-1 2. Expenditure Approval List:1210612014 to 1212612014 for$4,334,188.25...........................................................................E-12 3. Equipment Purchase: 2 Streaming Current Monitors(SCM)for the Port Angeles Water Treatment Plant l Award and authorize the City Manager to sign a contract to purchase two Streaming Current Monitors in the amount of$30,335.01, and to make minor mod f cations to the contract, if necessary.................................................................................................................E-44 4. Waterfront Transportation Improvement Project/Phase 2A Final Acceptance..................................................................E-47 F. QUASI-JUDICIAL MATTERS —REQUIRING PUBLIC HEARINGS (6:30 P.M.or soon thereafter)................................................................................................................................................None G. PUBLIC HEARINGS —OTHER (6:30 P.M. or soon thereafter) .................................................................None H. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Electric Revenue Refunding Bonds/Conduct first reading/waive second reading/adopt ordinance.................................H-1 Mayor to determine time of break/Hearing devices available for those needing assistance. January 6, 2015 Port Angeles City Council Meeting Page - 1 I. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS.........................................................................None J. OTHER CONSIDERATIONS 1. Port Angeles School District Bond and Levy Presentation/PROPOSITION 1 PORT ANGELES SCHOOL DISTRICT NO. 121 REPLACEMENT MAINTENANCE AND OPERATION LEVY,and PROPOSITION 2 PORT ANGELES SCHOOL DISTRICT NO. 121 BONDS TO CONSTRUCT A NEW HIGH SCHOOL *See agenda attachments for full ballot measures Following the PASD presentation,Council will allow equal time to hear views,pro and con,in regards to Propositions 1 &2. A citizens' group,PACE(Port Angeles Citizen's for Education),is expected to request a formal endorsement of Propositions 1 and 2. City Council may consider whether to make a formal endorsement. 2. Combined Sewer Overflow(CSO)Phase 2/Award Construction Contract..........................................................................J-1 3. Combined Sewer Overflow(CSO)Phase 2-Brown&Caldwell PSA Amendment 20/Post Award Construction Support..J-6 KFINANCE ............................................................................................................................................................................None L. COUNCIL REPORTS- M. INFORMATION City Manager Reports: 1. Public Works&Utilities Contract Status Report .................................................................................................................M-1 2. Public Works&Utilities Grants&Loans Status Report......................................................................................................M-3 3. Planning Commission Minutes/November 12, 2014...........................................................................................................M-5 4. City Clerk,Police Department,and Mechanical Remodel—Project No.PDO1-2011 and IT03-2011,Professional Services/ Agreement Time Extension Clarification..............................................................................................................................M-8 N. EXECUTIVE SESSION O. ADJOURNMENT - PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions, which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. Mayor to determine time of break/Hearing devices available for those needing assistance. January 6, 2015 Port Angeles City Council Meeting Page -2 Agenda Attachment 1 PROPOSITION 1 PORT ANGELES SCHOOL DISTRICT NO. 121 REPLACEMENT MAINTENANCE AND OPERATION LEVY The Board of Directors of Port Angeles School District No. 121 adopted Resolution No. 1415-08, concerning a proposition to finance maintenance and operation expenses. This proposition would authorize the District to levy the following excess taxes, in place of an expiring levy, upon all taxable property within the District, for support of the District's General Fund educational maintenance and operation expenses: Approximate Levy Rate/$1,000 Collection Year Assessed Value Levy Amount 2016 $3.26 $8,637,144 2017 $3.26 $8,723,516 all as provided in Resolution No. 1415-08. Should this proposition be approved? LEVY . . . YES ❑ LEVY . . . NO ❑ Approved as to forth only by loll rLlZS/Zc�� eputy P Attpney Clallam County Agenda Attachment 2 PROPOSITION 2 PORT ANGELES SCHOOL DISTRICT NO. 121 BONDS TO CONSTRUCT A NEW HIGH SCHOOL The Board of Directors of Port Angeles School District No. 121 adopted Resolution No. 1415-07, concerning a proposition to finance construction of a new high school. This proposition would authorize the District to: construct a new high school on the existing site to replace Port Angeles High School and renovate the Performing Arts Center; issue no more than $98,254,000 of general obligation bonds maturing within 25 years; and levy annual excess property taxes to repay the bonds, all as provided in Resolution No. 1415-07. Should this proposition be: Approved.............❑ Rejected..............❑ Approved as to form ordy Kt Put Y P=%V� ClaOem cardy PUBLIC INTEREST SIGN-UP SHEET N• PORTANGELES CITY COUNCIL SPECIAL MEETING `= W A S H I N G T O N, U. S. A. DATE OF MEETING: January 6, 2015 LOCATION: City Council Chambers You are encouraged to sign below if: 1. You are here to listen to the City Council discussion on a particular agenda item; 2. You want to speak during the Public Comment period of the agenda. If several members of the public are interested in a particular agenda item, the Mayor may move that item so it is discussed earlier in the meeting. Also,the Mayor may use the information provided to organize the Public Comment period. During the Public Comment portion of the meeting, the Mayor will invite citizens to talk with the Council about topics that are not scheduled for public testimony on the evening's agenda. Prior to the start of the "Public Comment"portion of the public hearing, all persons wishing to be heard are asked to sign in with the Clerk, giving their names and addresses, and topic. The Mayor may arrange the order of speakers so that testimony is heard in the most logical groupings. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 15 minutes for this comment period. At the discretion of the Mayor,these time periods may be lengthened or shortened. Following any public comment,the Mayor may allow time, limited to five minutes, for response from City Council members and/or City staff. No speaker may convey or donate his or her time for speaking to another speaker. If many people wish to speak to a particular issue, the Mayor may limit the total amount of time dedicated to that single issue. Written comments may be submitted into the record of a Council meeting by presenting the written document to the Clerk prior to the meeting, in which case a copy of the document will be provided to each Council Member, but the document will not be read aloud; or a document may be distributed to the City Council, with a copy to the Clerk, by a speaker while the speaker is addressing the Council. Y'%N ' Y/N {l:zp<P. , `" €c ,'" I 'y4f � P rY�N F Jd r. 1 Lk,a 7 4 .� 't..l( t�. 4."w,4) f /N G:\Group\Clerk\Fonns\Council Attendance Roster.doc PUBLIC INTEREST SIGN-UP SHEET N act N N —LY �N oo,00� -21"r-) (7� C� L, r N Vv At t,y P 10 N N i i N M )A Ic ii e v- Y/N `j IS,t( i ZA il YEN N Y/N Y/N Y /N Y/N Y/N Y/N Y /N Y/N Y/N Y/N Y /N Y/N Y /N Y /N G:\Group\Clerk\Fom-is\Council Attendance Roster.doc ID co 6 W(S To: Port Angeles City Council Jan.6, 2015 From Eloise Kailin M.D. for Protect the Peninsula's Future CITY OF PORT ANGELES CITY CLERK Protect the Peninsula's Future (PPF) champions clean drinking water and confidently relies on National Research Council's "Report on Fluoride in Drinking Water:A Scientific Review of EPA's Standards". (2006) . This resource, shaped by a team of eleven toxicologists plus multiple agency and reviewer comments, was authored by a team of 12 experts balanced as to opposing views on fluoridation. A peer reviewed consensus publication like this one is rare and defines best available science. This report is highly relevant to fluoride added to drinking water. It necessarily recognizes the many other sources of fluoride that surround us. For average young children, 42% of their fluoride exposure comes from water. (p.48) This report tells us that over years, due to bio-accumulation, where water contains "only" one ppm of fluoride, levels in bones (ashed) reach an average of 2,249 parts per million (pages77-79). Accumulation of fluoride weakens bones resulting in more hip fractures.. In fact excessive numbers of fractured hips after 20 years of fluoridation of their capital city led Finland to stop fluoridation. At your last Council meeting our Health Officer declared: "This report very clearly states it's not about community water fluoridation. It's about naturally occurring fluoride." The NRC Report reads: "The committee was asked to review toxicologic, epidemiologic, and clinical data,particularly data published since 1993, and exposure data on orally ingested fluoride from drinking water and other sources (e.g. food, toothpaste, dental rinses." (Page 15, electronic copy) True to its title, many pages of relevant text„ and contrary to Dr. Locke's view, this NRC Report definitely includes community water fluoridation. How could he get it that wrong? Does he hope to discredit quotations from the NRC Report? This report redresses 70 years of suppression of scientific knowledge by validating many solid medical studies previously labeled as "pseudoscience" or worse. Dr. Locke submitted an 8 page Fluoridation fact sheet from the CDC web site. There is no independent peer review. CDC, a dedicated promoter of the national fluoride policy, is not an unbiased source of information. Indeed CDC did not hesitate to declare as safe the sodium fluoride which in early 2010 clogged up fluoridation equipment in Amesbury, Massachusetts . The product came from China; CDC's declaration of safety rested on a claim that it was certified. Both CDC and our Health officer apparently require nothing more than an official stamp. How can safety be assured in the absence of toxicity reports? Testimony of Stan Hazen of NSF, and letter of Gary Pittman were previously submitted to you. This "fact sheet" from CDC is too good to be true—it's whitewash--, and much of it is not true. File:fluoridation-Locke-Wan2015 }?0. /S c x `2 17 SP�v,M �-4 e 3�� i PROTECT THE PENINSULA'S FUTURE c/o Eloise Kailin, M.D. P. O. Box 2418 Sequim, WA 98382 ATTACHMENTS for Comments from PPF for Port Angeles City Council Meeting Jan. 6, 2015. 1. News cllp, Kuopio University Hospital, Finland 2/27/91. Finland Stops Fluoridation After Bone- Fluoride Studies 2. TV News web site, WCVBS. Chinese Fluoride in Mass. Water Raises Concern. March 16, 2010. Note that this news article states both state and federal health officials told Team 5 investigates that Chinese fluoride is safe. Also note: the National Sanitation Foundation said the supplying company has never been on its certification list. 3 E-mail was received as hard copy from a FOIA request of CDC. This copy is E- mail from National Fluoridation Engineer Kip Duchon, Jan 26, 2010. "Since this is all NSF Standard 60 certified, it meets all health quality requirements." 4. Cover Letter , 7/30/2011 from Katherine Norris, FOIA officer for CDC/ATSDR returning FOIA material and responding to request for documents validating safety, and results of any testing of insoluble material in sodium fluoride supplied to Amesbury. "CDC does not have any records pertaining to this."Two pages. �- - Finland Stops fluoddadon After Bonctluarldc Studies Source:. ltetcr 21271'91 from iXoopio tlydvc:r$ity l-iospiwi,(=inland lextrim.-t) "l?rirsltix�g water In Kuopio hats hm-n 1 fitior�clal.���ce 'l� �. `f`f se fi�x.��'k.Se core• r..entnti+on has fec'n 1 PPM nlrnost all the iirrle, 1114Z Effect Of fILLOOde in dri� Ovatet esE edzaffy on bx w haS °.:w'n stUd ie i b7 our lsosp,t� aM urti�-Vrslty alrrMt 1 20 years, Oux community has recently { de,ckle(I t.�stop flwariaabQn of drbIWXIS-P- t;,r his June. There are, no other ettic.9s in � Finland whertu drtj-,�dng water is fluor-1- ' ciated. -- lAklc;a/�rr�k�, I:�p�s-7srer`„of.surgery. j I Moptoi Un vex-fFa'y HOSIOA, pcf�yrKl. I 1/5/2015 Chinese Fluoride In Mass.Water Raises Concern I WCVB Home-WCVB Home SEARCH 1 _nca.Btis:rc,sses Alerts Mobile Submit a Tip 25° i,:tok Follow ......... i � iEr 1 �r _� _ The Natural Side o Ocean Shores\ OF OC.F" N 3 BR VACATION U N WCVBW,,,-z-o BOSTON'S NEWS LEADER =?: , ",BREEZES? CONDOS i�iiA9�E�1 ._..... 20 NEXT STORY Chinese Fluoride In Mass. Water Raises Concern - � ',t.- Team 5 Investigates After Amesbury Pulls Sodium Fluoride From Water Supply UPDATED 10:;;0 AM EDT Afar 16,2019 AMESBURY,Mass.— Fluoride is added to the water most of us drink because the government 13.2% 2013 believes it's a safe and inexpensive way to prevent tooth decay. Annuity However,Team 5 Investigates found the return Amesbury Water Department pulled fluoride from its system amid concerns about its supply from China. True Investor Returns with no Risk. Find out Department of Public Works Director Rob I, Desmarais said after he mixes the white powder how with our Free _ _ __ _. with water,40 percent of it will not dissolve. Report "I don't know what it is,"Desmarais said."It's not soluble,and it doesn't appear to be sodium fluoride.So we are not quite sure what it is." Click To Comment Desmarais said the residue clogs his machines and makes it difficult to get a consistent level of fluoride in the town's water. Since April the fluoride pumps in Amesbury have been turned off and they will stay that way until Desmarais can find out what's in the fluoride that's imported from China. Both state and federal health officials told Team 5 Investigates that Chinese fluoride is safe. The Department of Public Health said it believes that more than 650,000 customers in 44 Massachusetts communities are getting the flouride in question and only Amesbury has MOST POPULAR temporarily stopped using it. STORIES VIDEOS However,they were unable to say with certainty which of the other 43 communities are actually `-,x•.# 1. 3 things you •; using the sodium fluoride from China in its water. shouldn't buy generic fir ? The fluoride from China is not used in communities getting water from the MWRA. The New York company that supplies the fluoride said it is certified by the National Sanitation 2• who's who In Tsarnaev trial Foundation which assures the quality of the product.But the NSF said the company has never s. Keeping your house safe from winter's worst been On its Certification list. 4. 10 diet changes for 2015:Add years to your life 5. 30 Things to make your life simpler http://www.wcvb.com/Chinese-Fluoride-In-Mass-Water-Raises-Concern/11295748 1/4 Duchon, Kip (CDC/OND1EHINCCDP"? .From: Duchon, Kip(CDC/CCHPINCCDPHP) Sent: Tuesday, January 26,201012:42 PM To: Kohn,William{CDC/CCHPINCCDPHP} cc, White, Mary C. (CDC/CCHP/NCCDPHP);argain, Unda S. {CDC/CCHPINCCDPMP} 806ject: RP:FYI-frorn.today's NCFH news Dear Dr. Kohn This is a developing issue at•Amesbury, but is actually an opportunity for some fluoride opponents to justify stopping the addition of fluoride. It is true that the sodium fluoride, which is 8 percent of the fluoride products market, has shifted from a predominately domestically produced product to one that is imported from China. The material handling properties have changed with the Chinese product, and some operators do not seem` t:o­have any problems•with the different handling propea:ties,.. but some operators have indicated that they do not like the differences n—handling,: . properti 'Since this is all NSF Standard 6o certified, it meets all health duality requxreme I'he:'Amer can 'Water Works Association fluorides.;standards committee, o . w`Fi ch ram mberT a s currently looking into ;the operator..compZain>rs and are conducting a tonal survey .of. . a sa urator .Operators!. .commei?i sr and.we are—also conducting some laboratory characterization of the:products. Coming back to.Amesbury. ..This has always been a location with an anti-fluoridation bent, and havi,ng..thi,s issue as a reason to di:sconti.nue fluoridation is convenient for them..., They have exaggerated the "extent*•of the problem they are. having as the adjacent .community .. using the same'`fluaride:proc7uct' reports :that tkfey..have .no problems at this time. There... *. also a reporter w'hd:1is:.:waffling but =is.leaning;:towarde:the. Precautianaxy Principal in that .if you don I t'kAow, don.t't do. I 'am •sending you.the. link to.. two recent articles'.that preceded the one Mary sent to you. Several things in_.the,article where Tam quoted were not things I actually. said. I did not say that 7.00 percent of the product used to be produced.IA the US, and .did not say that,.we.had gotten 0340° surveys. In fact, T dial not give her a number at all which seemed to upset her but"'I explained we were in the pracees: of compiling the results so we could Bay we had gotten a good response rate but had not counted the number of surveys yet as they are continuing to arrive. Also, I never characterized myself as the spokesperson for the AWWA committee but. only indicated that I was a member of the committee. Considering that I sent •her :answers in the form of a written email response, it was amazing that she got so much wrong. http:l/w;4W:neWbunTortnews.com/`­`punews./.:Local story 024222057.html Link to first article on Amesbury, MA NaF quality problem in Newburyport, MA newspaper article on 1:19..10.. is: . : http://www.allbusiness com/environment_-natural-resources% ollution-monitoring/13747783- 1.html - Tom Rogers is ast. supt. at Amesbury's water filtration plant. Kip Duchon,P.E. National Fluoridation Engineer Centers for Disease Control and Prevention Phone 770-488-6078 please only print this e-mait If necessary �-­--original message._....._._......._..- From: Kohn,William(CDC/CCHP/NCCDPHP) Sent Tuesday,January 26,2010 12,02 PM To: Duchon,Kip(CDC/CCHP/NGCDPHP) .............................................. 1 .i0.\'IChj DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service 0 Centers for Disease Control and Prevention (CDC) Atlanta GA 30333 SEP 3 0 2091 Eloise Kailin, M.D. Secretary, Protect the Peninsula's Future P.O. Box 1677 Sequim, Washington 98382 Dear Dr. Kailin: This letter is in final response to your Freedom of Information Act (FOIA) request of March 15, 2011, for documents pertaining to a newspaper quotation attributed to Mr. Kip Duchon, National Water Fluoridation Engineer at the CDC, and tests conducted on the Chinese-made fluoride product. For item#1, you requested records pertaining to a newspaper quotation attributed to Kip Duchon. Enclosed are documents pertaining to your request (35 pages). Under authority of the Freedom of Information Act at 5 U.S.C. 552(b)(6) and the Department's implementing regulation at 45 CFR 5.67, personal email addresses, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, were deleted from these documents. Pursuant to the provisions of 5 U.S.C. 552(b)(4) of the Freedom of Information Act and 45 CFR 5.65 of the Department's implementing regulations, we are unable to reproduce the contents of documents which are protected by Title 17 U.S. Code, Section 106 of the Copyright Act. We are enclosing the article citation information or web citation of each document for your information in the event you wish to obtain these articles directly from the copyright owner. (Four pages were withheld in their entirety.) For item #1, you also requested documentation of the certification to validate the safety of the Chinese-made fluoride product. CDC does not have any records pertaining to this. For item#2, you requested any testing done by, or on the behalf of CDC, to identify insoluble material. CDC does not have any records pertaining to this. Page 2 - Kailin ( Gr You have the right to appeal this decision to deny you full access to agency records. Send your appeal, within 30 days from the date you receive this letter, to the Director, News Division, Office of the Assistant Secretary for Public Affairs, U.S. Department of Health and Human Services, 7700 Wisconsin Avenue, Suite 920, Bethesda, Maryland 20857 (by United States Post); or to 7700 Wisconsin Avenue, Suite 920, Bethesda, Maryland 20814 (if sent through a private courier, United Parcel Service or Federal Express). Please mark both your appeal letter and envelope "FOIA Appeal." Documents belonging to another agency were found in our search. In accordance with the Department's implementing regulations, CDC does not make decisions on the release or denial of other agencies' documents. We have referred your request to the following agencies for their release determination and direct reply to you: National Freedom of Information Officer U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW(2822T) Washington, DC 20460 Sincerely yours, Katherine Norris CDC/ATSDR FOIA Officer Office of the Chief Information Officer (404) 498-1580 Fax: (404)489-1575 Enclosure 11-00512 FOIA CA Israel Will End Fluoridation in 2014, Citing Heareis� SOURCE: Fluoride Action Network August 8, 2013 c;T=y-T71--P(:)rr r�Ncc ES On July 29, 2013, the Supreme Court of Israel ruled that new regullations r'6 ifs-fs el-te—� stop adding fluoride chemicals into public water supplies in one year. . . . Izun Hozer Association for Dissemination of Health Education and Yaacov Gunnan petitioned Israel's highest court, November 12, 2012, demanding that the Ministry of Health order the cessation of fluoridation because it presents health dangers and its benefits are no longer widely accepted. A 1974 regulation provided legal authorization for communities in Israel to fluoridate water. Since few communities elected to do so, another regulation was passed in 1998 that mandated fluoridation for all Israeli communities with more than 5,000 people. In April 2013, however, the Minister of Health Yael German, revoked both the 1974 and 1998 regulations. 'It must be known to you that fluoridation can cause harm to thebealth of the chronically s�' German wrote in a letter ill, including "people wh rom_troid__problems, addressed to doctors opposed to ending fluoridation. The Supreme Court ruled that the Ministry's new regulations will not only bring an end to mandatory fluoridation in Israel in 2014 but will also put an end to any fluoridation— mandatory or voluntary. See translation of the Court's ruling at: http://www.fluoridealert.org/uploads/israel_supreme_ct fjuly20l3.pdf Many communities, over the last few years, stopped fluoridation in the US, Canada, New Zealand and Australia. Recently, both Wichita, Kansas and Portland, Oregon rejected fluoridation 60% to 40%. Hamilton, NZ, councilors voted 7-1 to stop 50 years of fluoridation after councilors listened to several days of testimony from those for and against fluoridation Windsor. Ontario, stopped 51 years of fluoridation. Sixteen regional councils have halted or rejected fluoridation in Queensland since mandatory fluoridation was dropped there in Nov 2012. I Rudolf Ziegelbecker Konradin Kreuzer' FORUM FOR VERANTWORTBARE ANWENDUNG DER WISSENSCHAFT,BASEL and FLUH/Schweitz; (FORUM FOR RESPONSIBLE APPLICATION OF SCIENCE,BASEL and FLUH/Switzeri Peterstalstrasse 29, A-8042 Graz/Austria CH-4112 Fluh witzer Telefon/Fax+43 316 47 11 28,e-mail:<ziegelbecker.sen @utanet.at> e-mail:<konradin.WCreuzer @nux.ch> http://www.nux.ch Graz/Basel, 27 April 2003 Dear All, We would like to inform you about the following: Swiss Canton Basel-Stadt stops f F Fluoridation of Drinking Water j OCT 2 V 3 2�r�0 on 9 April 2003 C;; O -- ,ATANGELE The Great Council of th Swiss anton Basel-Stadt has, on April 9,~2003, on motion brought forward by the Commission for Health and Social Issues, totally repealed the "Resolution of the Great Council concerning the introduction of fluoridation of drinking water for the control of caries". The fluoridation of drinking water initiated by Basel-Stadt on May 2, 1962 was thus stopped after 41 years. The reasons that were given were: �(• The preventive effect of the fluoridation of drinking water could not be proved by any study. When specialists do not succeed in producing definite proof in 40 years, the issue has to be abandoned. • Inspite of the fluoridation of drinking water caries has been on the increase with children. • The danger of fluorosis is played down, nobody talks about fluorosis of the bones. The.fluoridation of drinking water is particularly problematic in the case of young children and babies. Engineer and physicist, retired 31.12.1989, former) scientist at the Center for Electron Microscopy 9 P Y y of the Technical University of Graz and at the Institute for Environmental Research at the Research Center Graz.Member of the"International Biometric Society (IBS)", Member of the "International Society for Fluoride Research (ISFR)", Member of the "New York Academy of Sciences", Foundation member of the "Forum fur verantwortbare Anwendung der wissenschaft, Basel (1973)", Former member of the "Scientific Council of the International Society for Research on Civilisation Diseases and Vital Substances" (1970) and of the "Scientific Council of the International Scientific Academy for the Protection of Life, for Environmental and Biopolitics, Luxembourgh"(1971). 1 am a member of the Commission"§ 13 Tierversuchsgesetz"BGBI.No. 501/1989 i.d.F.BGBI.I Nr. 169/1999 under the presidency of the Federal Minister for Science in Vienna,Austria. Physical, chemical and biological qualities and quantities of fluorides cannot be influenced by governments and international organizations.Therefore the independent scientific level of knowledge must be taken into consideration. 2 Konradin Kreuzer,dipl.ing.Chem.ETH,Founder and Secretary of the"Forum for Responsible Application of Science,Basel 1973" o • r o � • r ® o • ® • o m as • • o � o to m o • ## $• ® t• o • • • ® °"vim'._ • o • o x • o o• o � • ® • o • • • 'r a ffi o • • • a � o • or o r • � r r • • ® x • • . x o o • • • 0 o x a • • r o e« � • m r � o a. o • a ' m o t• • • a r � • • o m r • o ® a � o e • • �,. x,.q. ..� n CL 0 LA ' s O ro (D ro Q (D cn ro (D s (0 v r- O c m rD JMZ O O o tti p m 0 �. ro c r CA (D r ° Z5 n 53 ® a �. n m o ' a -z o v 3 ro (D tS (D M r v v (D : a ` r�^ - O �n �ro o d ID o a Ln o o rD 0 . ( . C) ,�. 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O cl fD 4 x CL O O In O 'O Cu - N O DO O �" O O rn 0 0 0 n O m � � 'T O O O O O 'O O Q. v ;o m -r Q O (D F (D p (D ,+ '+ p r v O l< (D vp rD D �, ro ti ""1 67 N (D G E3 , w X PO w cn N 0) w � o o � Ln w � N (D O rt @ W o -0 w v j ° Ln v o D -h ° rD .c w O O F-► O zx (D D p N Pf' (D x W N N N I ' iA ti r+ 3 0 0 'O O O O N T o Z 0 0 0 0 0 0 o Q _ O O (D z 0 w O CL (D N N N N N AA — 3 N v W O 00 p p 0) N n , x N 00((D O O W O O O 3 X n d w Q o N v cn N w w O 0000 x C fD n W .P ::P .P V O W W n O 4 UOi O O O n O O _ X r.i m (7 N N N N iR W C 1-4 .W cn 0.,0) N lD b) i1i`+ 0 O 00 01 O .A 00 0 0 0\° RECOMMENDATION TO BAN THE USE OF PERSONAL FIREWORKS IN PORT ANGELES The Fireworks Steering Committee JANUARY 6, 2015 PORT ANGELES Washington -6�t `> ti.. �� �.'<,"'� :�.�tm�.e.>.l✓r, ...,_.,r:t."�`^ Y 3.-.t..2".,�.v/� a� 'L.:�.� ^.. � t.-a. .-y� Contents Introduction..........................................................................................................................................3 The Steering Committee's Work........................................................................................................3 The Case for a Ban on Personal Fireworks.......................................................................................5 Social Breakdown of Neighborhoods ..........................................................................................5 Trauma to Domestic and Wild Animals and Birds....................................................................6 Traumato Residents with PTSD...................................................................................................6 AirPollution and Litter..................................................................................................................7 FireHazard......................................................................................................................................7 Danger to Persons and Property...................................................................................................7 Putting Our First Responders at Risk..........................................................................................7 Creating a Mentality of Misbehavior...........................................................................................8 Violations of Port Angeles Municipal Codes..............................................................................8 Some"Safe and Sane' Fireworks are Neither.............................................................................9 A Full Ban Should be Easier to Enforce.....................................................................................10 Nationaland Statewide Trend....................................................................................................10 Other Cities Experienced Decrease in Problems After Ban....................................................10 Spokane,Washington..............................................................................................................10 MillCreek,Washington..........................................................................................................10 Tukwila,Washington..............................................................................................................10 Kenmore,Washington.............................................................................................................11 Response to Arguments Favoring Use of Personal Fireworks....................................................11 Financial Incentives for the City.................................................................................................11 Concern for Well-Being of Non-Profits......................................................................................11 The Mythology of Personal Fireworks Equated with Patriotism...........................................12 „Free Speech" Vs.Public Safety..................................................................................................12 PublicOpinion in Port Angeles.......................................................................................................13 Implementation and Enforcement..................................................................................................13 Develop Alternatives to Personal Fireworks in Neighborhoods...........................................13 Community Education to Assist with Enforcement................................................................13 Methods Used by Other Cities to Enforce a Ban......................................................................14 i Conclusion..........................................................................................................................................14 1 Appendices.........................................................................................................................................15 Appendix A Sample Comments from PDN Website...............................................................15 CommentsFavoring a Ban......................................................................................................15 CommentsOpposing a Ban....................................................................................................15 Comments Suggesting More Restrictions.............................................................................16 Appendix B Kenmore PD Reduction in Problems after Ban.................................................17 2 Introduction This document is the result of many hours of research and discussions with interested parties and stakeholders pertaining to the use of personal fireworks in Port Angeles.Where noted,sections of this document refer to information previously distributed to members of City Council and other officials. In presenting this document,the Fireworks Steering Committee officially requests the Port Angeles City Council to enact a ban on the use of personal fireworks within the city limits. We have laid out a compelling case for this ban in detail in the following sections. In order to further our request,we ask that the subject of a ban on personal fireworks be added to City Council's agenda as soon as possible and that a vote be taken in the coming months. We understand that it takes a full year to implement a new ordinance such as this one and,on behalf of the many residents who are hoping for a ban,we would like July 4th, 2015 to be the last holiday where personal fireworks are allowed. Based on the experiences of other comparable cities who have enacted a ban,we understand that it will take time, perhaps several years,for a shift in mentality to take hold among some members of the population. With proper enforcement,we feel confident that an overall shift will indeed occur,and we would like to begin that process as soon as possible. We understand that another option is to hold an advisory vote. We understand that this could cost the City up to$25,000 to add it to the next primary election, if there is one. Adding it to the next general election would create an even greater delay. For these reasons, we look to the Port Angeles City Council to demonstrate strong leadership and take action now. The Steering Committee's Work Hundreds of hours of work have gone into researching and developing this document. This includes: • Many dozens of phone calls to officials in other cities,mostly in the State of Washington. This includes conversations with officials from Port Angeles' 15 comparison city list. • Interviews with officials from cities who have considered or enacted a ban on personal fireworks,and the collection of documentation from these and other officials. • Requests for data from the City of Port Angeles and other cities,including information about the role of non-profit fireworks stands and the cost of clean-up, repairs,police and fire responses, and hospital expenses for uninsured victims. • Talking to Port Angeles residents and analyzing public comments on Peninsula Daily News stories about fireworks. • Discussions with officials from National Fire Protection Association(NFPA) and their affiliates, specifically pertaining to their Alliance to Stop Consumer Fireworks. 3 I The 23 organizations participating in this group include American Burn Association, The American Academy of Ophthalmology,American Academy of Family Physicians,American Academy of Pediatrics,and many others. • Analysis of data on PSTD among veterans,provided by the National Center for PTSD,of the US Department of Veterans Affairs. • Analysis of Washington State laws on fireworks,provided by the State Highway Patrol's"Fireworks Ban or Restricted Sales/Use." • Analysis of the Washington State Fire Marshal's yearly report,called"2013 Injury and Fire Report." The 2014 report will be available in February 2015. • Research on the history of fireworks in the United States. • Research on addiction to fireworks and arson studies. • Research on injuries and deaths caused by the use of personal fireworks. • Research on the effects of fireworks on the young and elderly,specifically regarding air pollution and lung and cardio problems. • Research on water pollution,including"Fireworks Pollutant Detection Pilot Study for Lake Shoecraft and Mongo Pond," provided by the Snohomish County Public Works department. • Research on air pollution,provided by Gary Palcisko,the air quality toxicologist with the Washington State Department of Ecology. Mr. Palcisko provided numerous graphs detailing spikes in air pollution in numerous western Washington cities on and around the 4+h of July. Also,the article"Cheap Thrills with Toxic Consequences," published by backcountry.com. Also articles about air pollution in Shanghai,which has banned personal fireworks,and other Chinese cities that have air pollution issues exacerbated by fireworks. • A study from"Legal Planet" about the effects of fireworks on the environment. • The Washington State Department of Wildlife's bird biologist referred the group to Professor John Marzluff at University of Washington. He provided information about the effects of fireworks on federally-protected birds in our neighborhoods. As a result of this contact, Marzluff is requesting funding to conduct a two-year study on this subject. • Extensive conversations with the US Department of Consumer Affairs concerning fireworks and their hazards and injuries. • Research into safe,family-friendly alternatives to the use of personal fireworks. • Research into the experience of many other cities who have implemented a fireworks ban,with emphasis on Spokane,Tukwila,Mill Creek,and Kenmore. • Research into data about the social degradation of neighborhoods caused by the use of personal fireworks. Details can be found in the"The Grand Jury Study:The Anatomy of Safe and Sane Fireworks Sales in Orange County." • Research into the role of non-profits in bringing personal fireworks into communities. Details can be found in the"The Grand Jury Study: The Anatomy of Safe and Sane Fireworks Sales in Orange County." • Numerous newspaper articles found on the internet about the use and abuse of := personal fireworks nationwide. 4 • Investigation into the source of personal fireworks in our state,The Washington Independence Day Association. This organization represents companies who manufacture explosives.They have fireworks lobbyists and had a hand in creating our fireworks laws (or lack thereof). • Research into the dangers caused by the use of sparkler bombs,tennis ball bombs, flying lanterns, and exploding targets. • Research into the many safety issues related to children's access to fireworks. • Research into the municipal and state codes that are being violated by the use of personal fireworks. Much of the above information was provided to City Council in the folders previously distributed; additional articles not in the folders are available upon request. The Case for a Ban on Personal Fireworks The Port Angeles chief of police,the mayor,members of City Council and other officials have acknowledged that the use of personal fireworks in Port Angeles has gotten way out of control. Citizens are voicing their objections to a situation that is increasingly intolerable. The number of fireworks being set off by private citizens vastly overwhelms the public display. Many thousands of dollars' worth of fireworks,both legal and illegal,are being exploded by people who likely have no permits nor insurance,and who may or may not be sober while they are setting them off. Though it may be true that the worst of the problem is caused by a small minority of one or two hundred residents,the fact remains that those individuals and groups can and do cause enough mayhem to destroy the peace for everyone else in town. Arguments supporting a ban are provided in this section. Social Breakdown of Neighborhoods Independence Day is supposed to be a fun-filled holiday where we all enjoy a community celebration and honor our nation. Unfortunately,in Port Angeles,many of us dread the holiday instead of celebrating it. We spend the day and surrounding days trying to calm terrified pets or stationed on roofs with fire hoses in fear of fire. Even normally thoughtful neighbors don't seem to notice that their fireworks party might be causing tremendous stress in nearby households.The use and abuse of personal fireworks in our neighborhoods is so pervasive,there is no possible escape from the noise and smoke. This creates deep, ongoing resentment and animosity,pitting neighbor against neighbor. This is hardly a healthy situation for any town. More information about the damage done to the social fabric of neighborhoods can be found in"The Grand Jury Study: The Anatomy of Safe and Sane Fireworks Sales in Orange County," provided in the folder already distributed. 5 Trauma to Domestic and Wild Animals and Birds No one can deny that the extremely loud bangs and concussions that go on for hours and hours in Port Angeles terrify many if not most of the animals in town-not just dogs and cats and other domestic animals but the birds and wildlife that make Port Angeles a special place to live. We have laws against animal abuse and protections for wild species,but those concerns all go out the window when it comes to personal fireworks. Residents have told stories about how beloved pets have died from the trauma inflicted by hours of explosions. Others feel they have no option but to pack up and get out of town with their pets. Those who have financial restraints or pets such as parrots and other birds that cannot be moved, do not even have this option. Most animals have extremely sensitive hearing,far more sensitive than humans. A dog's hearing,for example,is ten times more sensitive than a humans. Damage to the human ear begins at 80 to 85 decibels. A nearby clap of thunder might hit 120 decibels. Gunshots can generate sounds between 145 to 190 decibels, depending on the weapon. Fireworks can hit up to 175 decibels. A team of researchers in Mississippi tested the hearing in hunting versus non-hunting dogs,using Labrador retrievers as test cases. The test showed that"practically all of the hunting dogs have some hearing loss and practically all of the non-hunting dogs have great hearing." The difference in hearing ability between the two groups of dogs was described as"extreme." One of the greatest problems with fireworks for animals is not just that the explosions are loud but that they are sudden,unpredictable, and sporadic. This can create a sort of anticipatory anxiety in an animal that can continue for days or even months after the fireworks stop. In elderly,young,sick, or sensitive animals,the stress and anxiety can literally kill them. Once animals have entered that fear or panic zone,it is extremely difficult to calm them. This is particularly true if the fireworks are going off nearby,such as next door or down the street. When rockets fly near or over the home,it sounds like the"threat" is coming from all sides and that there is no escape. A great deal of information about the trauma fireworks wreaks on wild and domestic animals can be found on the internet. A few samples are provided below: • "Loud Fireworks Affect Wildlife," by West Sound Wildlife Shelter. http://www.westsoundwildlife.org/wildlife/Coexisting/CO_Fireworks.html • "Audubon Asks for Public to Protect Coastal Birds this 4th of July Weekend". http://fl.audubon.org/newsroom/press-releases/2014/audubon-asks-public- protect-coastal-birds-4th-july-weekend • "Why Fireworks and Pets Don't Mix," ASPCA.http://www.aspca.org/blog/why- fireworks-and-pets-dont-mix Trauma to Residents with PTSD Many residents,particularly veterans,suffer with various forms of PTSD.These citizens have an extremely difficult time when their neighbors are blowing up fireworks. For some, 6 prolonged explosions can result in major anxiety and panic attacks. As one Port Angeles veteran expressed it, "The booms of mortars bring smiles to your faces,while we run and hide,looking for quiet and safe places/We flashback to times and places we would like to forget-but your 8 hour long party,it's not over—oh no....not yet!" (A copy of this poem was previously distributed.) Air Pollution and Litter Fireworks are made from chemicals,including the charcoal, calcium and sulfur compounds that are used to make gunpowder. Other chemicals include strontium compounds, magnesium, dioxin-laden copper mixtures,toxic barium, and sodium nitrate. No one can avoid the toxic cloud of smoke and dust that hangs over the city while private households set off thousands of dollars' worth of personal explosives. In some areas,the smoke is so thick,it's impossible to see. Residents,including those with asthma and other breathing problems,have no choice but to breathe these toxins or try to avoid them by staying indoors. In the days afterward,the ground and waterfront,particularly Ediz Hook,are littered with the debris from fireworks. (Ediz Hook is supposed to be a reservation for native birds.) This onslaught of trash endangers the lives of seabirds and other wildlife,who mistake it for food. Fire Hazard Port Angeles is a town full of trees, dense foliage,and wooden structures. In today's climate conditions,by the time July 4 rolls around,things are pretty dry and hundreds of households setting off personal fireworks presents a clear and present fire danger. As the fire chief stated during a recent community meeting,when July 4 comes,it's time to"pray for rain." Danger to Persons and Property Last July, two people were seriously injured in Port Angeles in incidents related to the use of personal fireworks. One man lost an eye to a mortar;another person was hit in the mouth with a mortar. Three more young men had minor to serious injuries caused by mortar use. Nationwide in 2013, an estimated 11,400 people were treated in emergency departments for fireworks-related injuries. Property damage,both public and private,is also a cause for concern. Twenty years ago, revelers blowing up fireworks burned down the Moose Lodge in Port Angeles. Six years ago,about a dozen public toilets were blown up. Putting Our First Responders at Risk The"anything goes" mentality that takes over Port Angeles during the Fourth of July poses a risk to life and limb to those who are tasked with protecting the public. Port Angeles' first responders,including paramedics,police, and firemen,have to cope with dense smoke and unpredictable explosions coming from every direction as they respond to emergency calls. The situation on Ediz Hook is particularly out of control and represents a true danger to anyone who ventures there. These public servants who work on the front lines need to 7 is n "try know that City Council and other officials support them and can ensure them a reasonable environment in which they can perform their duties. Creating a Mentality of Misbehavior The use of personal fireworks by individuals, especially family members and neighbors, tends to teach children,particularly young boys,that lighting things on fire and blowing things up is acceptable behavior. According to the National Fire Protection Association (NFPA), "[t]he majority of structure fires in homes caused by play were started by males (83%). Forty-three percent of the fires were started by a child under age 6. Older children were more likely to start outside fires,with two of five (38%) of all outside or unclassified fires started by a child between the ages of 10 and 12." The report continues,pointing out a correlation between Fourth of July and a drastic increase in fire incidents in July: "Nearly one quarter of these fires (24%) were started during the month of July,likely influenced by fires during the July 4th holiday. Fireworks were the heat source in 30% of all non-trash outside or unclassified fires caused by fireplay, with lighters the heat source in 29% of the fires and matches the heat source in 20%." (Source: "Playing with Fire," National Fire Protection Association.) Violations of Port Angeles Municipal Codes As a society,we have good laws against public disturbances,explosions, smoke and other air pollution,littering,chemical and noise pollution, and the mistreatment and abuse of animals.These laws were adopted so that residents can co-exist peacefully in densely populated towns and cities. They represent the vital characteristics of a civilized community.Yet all these laws go out the window on and around Independence Day because of the use and abuse of personal fireworks. During these periods,numerous municipal and state codes are violated with impunity. The following Port Angeles Municipal Codes are violated by the use and abuse of personal fireworks: • Animal Cruelty Code 7.09.02. Tormenting or abusing any animal. • Nuisance Code 8.30.045(C.3a). "Filthy,littered,trash-covered, or overgrown premises or abutting streets and alley rights-of-way...Debris and trash...An accumulation of garbage,litter, debris..." etc. • Nuisance Code 8.30.045(D). "Loud unnecessary noises,including but not limited to, making,causing,or permitting noises to be made by sound trucks,loudspeakers or other sound-amplifying devices." • Nuisance Code 8.30.045(F). "Burning...to cause or permit the smoke,ashes,soot,or gases arising from such burning to become annoying or to injure or endanger the health,comfort, or repose of said persons." • Nuisance Code 8.30.045(H). "Throwing, depositing,exposing, or causing to be disposed of,in any street or other public place within the City,any garbage,waste, refuse,litter, debris, or other offensive material,unless the disposal of such items in f such place is specifically authorized by law." 8 • Nuisance Code 8.30.045(J). "All obstructions to streets,rights-of-way,or other public ways in the City..." • Nuisance Code 8.30.045(K). "...[P]lacing, depositing, leaving...in or upon,any private lot,building, structure,or premises, in or upon any street,alley, sidewalk, park,parkway, or other public or private place...dangerous or otherwise injurious chemicals or other materials such as oil, grease,poisons,explosives...and other similar substances in such a manner as to be offensive or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons." • Nuisance Code 8.30.045(Q.2). "Toxic or caustic substances. Improper storing or keeping of any toxic,flammable,or caustic substances or materials." • Nuisance Code 8.30.045(U). "Conditions or acts that unreasonably annoy,injure,or endanger the comfort, repose,health, or safety of others." • Nuisance Code 8.30.045(W). "Illicit discharges into the municipal storm drainage system." • Nuisance Code 8.30.045(X). "Unauthorized interference with, damage to,or polluting of designated habitat areas, publicly owned restoration sites, streams, creeks,lakes,wetlands, or tributaries and similar areas thereto." • Code 9.16.140(B). "Littering prohibited...No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the City or upon private property in the City not owned by him or in the waters within the City...." • Code 9.24.030. "Disturbing the peace. It shall be a Class II misdemeanor for any person to create a noise nuisance. For the purposes of this section,a"noise nuisance" is created where: A) A person intentionally makes or permits to be made any excessive noise which unreasonably and knowingly disturbed another..." Some "Safe and Sane" Fireworks are Neither A number of today's personal fireworks differ drastically from the harmless little sparklers and snakes that many of us grew up with. Some residents are under the misapprehension than any sort of rocket or exploding firework is illegal. That is not true. Some so-called "safe and sane" fireworks, or legal fireworks, are not much different from illegal fireworks. They include several varieties of airborne rocket that shoot high into the air and create concussions just as loud as illegal fireworks. People often bundle them together to create bigger explosions, such as sparkler bombs. The terrorists in Boston used "safe and sane" fireworks to build the bombs that blew up at the Boston Marathon, killing three people and injuring 264. Legal or"safe and sane" fireworks include the following: • Roman Candles. A cardboard tube approximately one inch thick and one and a half feet long, filled with individual pyrotechnic charges, shells, or balls. They shoot 50 to 60 feet into the air. • Helicopters. A spinner with wings. Once ignited a helicopter spins on the ground before it travels up into the air while shooting out sparks. 9 • Tube Mines and Shells. A large cardboard tube loaded with pyrotechnic charges. Shoots high into the air and explodes in one or more bursts. • Wheels. Remains on the ground,spinning and shooting off a spray of sparks. • Combination Items. A combination of one or more other fireworks. • Smoke Device. Generates a thick cloud of colored smoke. A Full Ban Should be Easier to Enforce From a distance,it is virtually impossible to differentiate between these "safe and sane' fireworks and illegal fireworks,particularly if users are combining them. This may explain why,since 2011, the Port Angeles PD has issued only two citations for the mis-use of personal fireworks. Banning all personal fireworks will solve this problem. National and Statewide Trend More and more cities and counties across the nation have banned personal fireworks or are considering bans. Most metropolitan areas,including Seattle, Olympia,Spokane, Bellingham,and Port Townsend do not allow personal fireworks. Five Washington cities comparable to Port Angeles have enacted a ban on fireworks: Tukwila,Mill Creek,Mukilteo,Anacortes,and Kenmore. Other comparable communities considering fireworks bans include Bothell,Ocean Shores and all of Clark County. Other Cities Experienced Decrease in Problems After Ban We were provided with data from three comparable cities who have enacted bans on personal fireworks:Tukwila,Kenmore,and Mill Creek. Their police departments report that, since enacting the ban,the number of complaints and responses has greatly declined. The City of Spokane has also provided a great deal of information about their experience implementing a ban. More details are below. Spokane, Washington Spokane reports a very successful implementation of their fireworks ban. Spear-headed by Fire Marshal Lisa Jones,the effort involved active participation from every City department. A detailed report from Lisa Jones can be found in the folder already distributed. Mill Creek,Washington Mill Creek Chief of Police Bob Crannell reports that Mill Creek passed a ban in the late 1980s, due to concerns about the fire hazard of personal fireworks. Mill Creek at that time was 25% of today's population. Crannell says,"We don't really have much of an issue with fireworks today due in part to about 75%o of the City never having the ability to discharge them. Also,the sale (firework stands) are also banned which keeps the supply and availability to a minimum." Tukwila, Washington Tukwila,Washington. Tukwila banned fireworks in 1996.The City provided detailed information showing a reduction in calls but there were legal restrictions about releasing the information publicly (such as in this document).This information can be provided upon private request. 10 rE Kenmore, Washington The City of Kenmore passed an ordinance banning fireworks in 2004 and began enforcement in June 2005. Appendix B provides a breakdown of fireworks-related complaints and responses, provided by the chief of police. Due to "aggressive enforcement," his figures show a marked reduction in problems. Response to Arguments Favoring Use of Personal Fireworks Several arguments have been made about why the use of personal fireworks should be allowed to continue despite the many objections,including profit motives for the City via sales tax,benefits to non-profits who operate fireworks stands,the expression of patriotism, and free speech. Each of these is discussed below. Financial Incentives for the City There is no financial incentive for Port Angeles to continue allowing the use of personal fireworks. In fact,there is considerable cost involved in allowing it. Based on figures supplied by the City,Port Angeles collected less than$2,000 in sales tax from fireworks stands. Costs for police presence on July 4 were approximately$8,000. The latter figure does not include expenses for cleaning up the mess,which is mostly performed by volunteers and homeowners. Nor does it cover the cost to repair damages such as the$600 replacement needed for a light pole that was blown up by revelers last July 4,or to the costs incurred by residents who were required to clean up and repair the damage done by their neighbors in that case. Concern for Well-Being of Non-Profits One council member expressed concern about possible negative impacts on non-profits who operate fireworks stands to raise funds. According to data provided by the City, the following organizations operated fireworks stands in Port Angeles July 2014: • Pyro Fundraising,Port Angeles,WA. • 4th of July Spectacular Port Angeles Football Club,Port Angeles,WA. • Olympus Fireworks,Syracuse,Utah. • Sequim Vineyard Community Church,Sequim,WA. • Western Fireworks Inc.,Aurora,Oregon. It's not clear exactly which of these organizations actually represent non-profits. There is no evidence that non-profits will disappear or otherwise fail if they are compelled to find alternate funding sources. Providing an easy source of funding for a select group,at the expensive of town residents and City coffers,is not a valid reason to continue allowing the use and abuse of personal fireworks. The "Grand Jury Study: Anatomy of Safe and Sane Fireworks Sales in Orange County" (provided to City Council) makes two salient points that are pertinent to this discussion: 11 • "Non-profit organizations that sell legal fireworks and the wholesalers that distribute them are not required to help pay the municipal cost of disposing of fireworks debris left on public streets,sidewalks,and parks,nor the additional costs for police and fire services." • "Cities do not give non-profit organizations encouragement or guidance to use in other fund raising methods." The Mythology of Personal Fireworks Equated with Patriotism Some defend the use of personal fireworks by citing a historical call by President John Adams to celebrate Independence Day with"...illuminations from one End of this Continent to the other..." However,nowhere does John Adams call for individual citizens to blow up explosives. Instead,the first celebration was described as a"grand exhibition of fireworks..." which took place "on the Commons," not in every citizens front yard.The Philadelphia Evening Post wrote that"Everything was conducted with the greatest order and decorum,and the face of joy and gladness was universal." (Source: "The Rockets' Red, White,and Blue Glare: How did fireworks become America's Fourth of July pastime?" Slate Magazine.) "Order and decorum' and"universal gladness" are a far cry from the mayhem that grips the town of Port Angeles with neighborhood fireworks parties blasting on into the night while other citizens hide in their homes.There is no evidence that those who blow up fireworks in neighborhoods are more patriotic than those who stay indoors trying to calm their pets and avoiding the smoke. In a significant number of cases,this cry of patriotism has become nothing more than a shabby excuse for anti-social behavior. As one Port Angeles resident eloquently stated in a December City Council meeting: "I suspect you may have concerns about angering people who love their fireworks,some of whom will tell you it's unpatriotic to restrict them. But I don't know what's patriotic about terrifying neighbors and their pets,endangering others' property and health,creating all sorts of pollution and litter,and making sure that many in town can't get a decent night's sleep for days." "Patriotic" proponents of personal fireworks might be disappointed to learn that the vast majority of personal-grade fireworks purchased in the USA are manufactured overseas, primarily in China. Fireworks manufacturers in India and Guatemala are notorious for using child labor. On the other hand,most fireworks used in public displays,called display fireworks,are manufactured in the USA. "Free Speech" Vs. Public Safety Some have argued that setting off personal fireworks is a matter of free speech. It's not clear how loud explosions and smoke bombs constitute "speech." In one notable case,this argument was made by Chinese-Americans when Mayor Rudy Giuliani of New York City banned the use of personal fireworks in that city. The mayor rejected this argument, stating B that"public safety comes first." 12 Public Opinion in Port Angeles An analysis of comments on the Peninsula Daily News website for articles about the fireworks issue shows a small majority favoring a fireworks ban. The sampling is extremely small and represents only those with facebook or yahoo accounts and who tend to comment online. This approaches the results in other cities who have put it to a vote. For example,in Olympia,Washington, a fireworks ban was passed by 58%. Appendix A shows some sample comments from online PDN fireworks-related articles. We feel these samples are important,particularly those against a ban,as some of them demonstrate the lack of neighborly concern that exacerbates the personal fireworks problem. These include sentiments such as "boo freaking hoot' "You people make me sick," and"Try Seattle they shoot people over there." In a very intrusive way,the legality of personal fireworks gives this type of individual free rein to impose their bad attitudes on their neighbors. A public meeting held in Port Angeles last September brought out about 40 residents.Of those,three attendees were against a ban. The remaining attendees were in favor of a ban and many described the very negative experiences they endured on July 4,2014 that inspired them to attend this meeting. The committee has received similar emails from concerned citizens expressing support for a fireworks ban. Implementation and Enforcement There are a number of measures that the City and other interested parties could take to make sure that a ban on personal fireworks is successfully implemented. Develop Alternatives to Personal Fireworks in Neighborhoods • Conduct an investigation into "fireworks zones," possibly located on reservations. Legal fireworks lighting areas have proven to be a success with two tribes in western Washington,including the Puyallup and Tulalip tribes. (These areas are also used by ATF and police departments for detonation of illegal bomb material.) • Create an enhanced Fourth of July festival in downtown Port Angeles that would lure visitors to town and contribute to efforts to revitalize the City's core. (This would constitute a much better scenario than the current situation where residents flee with their pets,taking their holiday funds with them.) Activities could include a more elaborate public fireworks display,historical re-enactments, seafood stands, music,kite-flying,bubbles, digital glow sticks,whale-watching, and other family- friendly activities such as the successful Kinderfest put on by the revitalized town of Leavenworth,Washington. Community Education to Assist with Enforcement We propose a community education program that will explain the law and what residents should do if confronted by fireworks in the neighborhood. This could include flyers in 13 utility bills,articles in the local paper and radio station,and public meetings. Officials who have implemented a ban,such as Fire Marshal Lisa Jones of Spokane,have offered to come to town to speak to City officials and other interested parties about their experiences in successfully implementing a ban. Methods Used by Other Cities to Enforce a Ban Discussions with City officials who have implemented bans have produced the following tips: • Saturation public education,including billboards and media • Hefty fines • Develop a culture of aggressive enforcement,beginning with the department heads from every pertinent City entity • Hire off duty policemen to run fireworks ticketing teams,which could include firemen • Set a minimum number of tickets for teams • Officers hide their cruiser around the corner and walk the block where the complaint is located (Kenmore Police Department). Conclusion The fireworks steering committee feels that we represent a"quiet majority" of Port Angeles residents who are fed up with the mayhem that grips our town on July 4th and surrounding days.We recognize that others in town enjoy setting off fireworks. We argue that their explosions and smoke impinge much more aggressively on our right to a peaceful and safe holiday than our objections impinge on their ability to celebrate the Fourth of July.Those who love fireworks can still enjoy the beautiful public display sponsored by the Chamber of Commerce and local businesses. In time, as attitudes shift,perhaps those who currently have to stay home to calm terrified pets or guard their property might also be able to head downtown and enjoy the celebration. 14 Appendices Appendix A Sample Comments from PDN Website Note:Errors left intact. Comments Favoring a Ban "I say ban them all together. Let the professionals put on the show. It breaks my heart what fear and anxiety in puts in our four legged family members. So many pets are terrorized. They hide,they shake, they don't eat,they run away. I would sign a petition to ban them. But like so many other things,it's all about the money." "Banning them inside city limits is fair. If it were just the sparklers of yore,that's different, but it's not anymore and too many 'illegals' are being discharged with no concern of neighbors,pets or homes. These are the ones that need to be reigned in/enforced." "I think they should be banned. People do not follow the law. In my neighborhood it was ridiculous. People who work had to try to sleep for the week before and several days after with loud fireworks going off. Ban them! I did not notice any enforcement either. I live in the City and think that too many people have done what they wanted with no consequence. Have a City fireworks display. But my vote is to ban resident fireworks! It the City will not enforce the law then it is time to ban them." "I am totally in support of banning them! This year was horrible for our pets who were terrorized by the super loud ones that went on and on and on well past midnight." Comments Opposing a Ban "So a bunch of sad over the hill people want to ban Fireworks on the fourth of July. Amazing that there all going to have meeting at the Library. I would encourage that the 4th of July be expanded to two days of non stop buzz bombs, sky rockets,mortar shells and a competition open to everyone yearly. Say at Editz Hook. Can yo imagine several firewprks companies giving a free shop to test their products. Take the fourth to a New Level. Independence Day where thousands come to shoot fireworks and enjoy the displays and vendors. Jan Butler go on vacation on the 4th of July. Try Seattle they shoot people over there" 15 "yes and we see how well people follow the rules now.... police will just have to drive around like crazy and give out all sorts of unneeded tickets. give your dog benadryl it will calm them just fine to make it through the celebrations..." "ITS ONE DAY OUT OF THE YEAR!!! You people make me sick,always whining and crying about something. This is the ONE day out of 365 that America celebrates its freedom and the day we declared independence. I am a veteran and I have pets,plus I had to go to work just like everyone else. You all know when the 4th of July is,prepare for it.You think they were too loud this year?just wait until you ban them! Put your pets in a crate,buy some ear plugs and a redbull for the morning." Give me a break... its one night a year that port angeles is loud boo freaking hoo!! Let people enjoy the day,its not like you didnt know this day was coming!! The laws now are fair and all because we had one "bad" year doesnt mean we should ban them all together!! And as far as pets go.. vets provide medication to give animals to keep them calm,so quit blaming everyone else because you weren't prepared..we might as well ban the whole damn holiday while were at it.. and whats even more disappointing is this article fails to mention how a member of our military was seriously injured that night! We should focus on what is really causing our city to become unsafe.. like all the theifs and meth addicts. Comments Suggesting More Restrictions "Lets empty out and open up the hospital parking lot for the kids on the 4th. oh and plant a fire truck right in the middle of the lot! Seriously i think fire works after midnight should be banned and ticketed. If a few parents receive a 100 dollar ticket because their unsupervised children are shooting off large loud fireworks on the 5th of july they might be more inclined to put the kids to bed at a reasonable hour." 16 Appendix B Kenmore PD Reduction in Problems after Ban The following information was provided by Clifford Sether,Kenmore Police Chief. The ordinance banning fireworks made it a misdemeanor to sell,possess,use and discharge ALL fireworks,which includes the safe and sane fireworks sold in some communities. Kenmore Police aggressively enforced this ordinance with extra fireworks patrols the week prior to the 4th of July. We have seen a dramatic decrease in the use of police resources in response to firework complaints after the first year. Below is our arrests prior to and after the ordinance: YEAR NUMBER OF FIREWORK ARRESTS 2002 18 2003 12 2004 18 *ban passed&implemented* 2005 9 2006 2 2007 3 2008 3 2009 1 2010 7 2011 1 2012 2 2013 0 2014 3 I can attest that since 2011 we rarely have any dispatch calls for fireworks complaints. Clifford Sether,Kenmore Police Chief (206.477.7455 work) 17 CITY COUNCIL MEETING Port Angeles, Washington December 2, 2014 CALL TO ORDER-REGULAR MEETING: Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL: Members Present:Mayor Di Guilio,Deputy Mayor Downie,Councilmembers Collins,Gase,Kidd and Whetham. Members Absent: Councilmember Brach. Staff Present: City Manager McKeen, Attorney Bloor, Clerk Veneklasen, B. Olson, C. Fulton, N. West, T. Gallagher,K.Dubuc,C.Delikat, S.Wright and A.Gates. It was moved by Councilmember Collins and seconded by Councilmember Gase to: Excuse Councilmember Brach from the meeting. Motion passed 6-0. PLEDGE OF ALLEGIANCE: Mayor Di Guilio led the Pledge of Allegiance to the Flag PUBLIC COMMENT: Jan Butler, 1310 S.I Street, spoke to Council about an article from the Bellingham Herald that addresses the risks of fireworks and the trend statewide to ban fireworks. She further asked Council to enforce laws governing fireworks on New Year's. Carol Turner, 1609 West 11th Street, spoke in opposition to fireworks and noted trauma her dogs suffered this past Fourth of July. Eloise Kailin, 771 Old Blyn Highway, Sequim, spoke on behalf of Protect the Peninsula's Future. She said that the organization disagrees with the County Health Officer's statement that purity standards for water additives are highly protective. Suzanne Hadley, 603 Milwaukee Drive, spoke about the unrestrained use of fireworks in Port Angeles. She said the situation has become intolerable and asked the Council to enact a ban on personal fireworks. Cathy Lyon, 825 Joshua Street, spoke to Council about finding firework debris on her house and yard this past Fourth of July, and told them the noise caused her dog to suffer a seizure. She said that she is concerned about how people with asthma,lung disease and allergies are affected by the firework smoke. Robert Nevaril, 909 S. Laurel, spoke about his negative experiences this past Fourth of July including a lamppost that exploded and power lines down in streets near his home due to misuse of fireworks. Kim Weimer, 103 West 13th Street, said he believes the use of fireworks in the City has gotten terribly out of hand. He asked Council to act soon to ban personal fireworks in the City. David Cowans, 1421 East 2nd Street, a 40-year resident of Port Angeles, said that each year there is more illegal use of fireworks in the City.He expressed concerns for citizen safety and property damage. Donald Cooper,208 Orcas,told Council that he feels the fireworks in Port Angeles are totally out of control,and he posed questions about a fireworks ban. E - 1 PORT ANGELES CITY COUNCIL MEETING—December 2, 2014 Kathryn Cooper,208 Orcas,spoke in opposition to fireworks and told the Council she and her husband choose to get their animals out of town every Fourth of July because of the unreasonable disturbance within the City. Peter Ripley, 114 East 61h Street Apt. 102,spoke about the way the City issues its light bills.He asked the Council to change due dates to the 51h of every month. PUBLIC HEARINGS—OTHER: 1. 2015 Budget Senior Accountant Sherry Wright presented second reading of 2015 Budget Ordinance. She noted an error on the General Fund summary that stated 14 new positions were added in 2015.That error was corrected;no positions were added.No other changes were made. Mayor Di Guilio opened the public hearing at 6:35 p.m. Peter Ripley, 114 East 61h Street Apt. 102, spoke in favor of adding more personnel to the fire and police departments.He asked Council to push back on state and federal mandates. Jody Moss, Executive Director of United Way, 73 Bridge Lane, thanked Council for continuing to fund health and human services. He asked them to consider what priorities they'd like to see the funds used for this year, and she highlighted the programs Council has supported in the past. Mayor Di Guilio closed the public hearing at 6:39 pm.Mayor Di Guilio conducted a second reading of the ordinance by title,entitled, ORDINANCE NO.3523 AN ORDINANCE of the City of Port Angeles,Washington,adopting the 2015 budget for the fiscal year ending December 31,2015. It was moved by Gase and seconded by Kidd to: Adopt the 2015 Budget Ordinance as read. Council discussion followed. Motion carried 6-0. CONSENT AGENDA: It was moved by Deputy Mayor Downie and seconded by Councilmember Gase to approve the Consent Agenda to include: 1. City Council Minutes:Novemher 18, 2014 2. Expenditure Approval List:From 1118114 to 11/21/14 for$3,453,310.20 3. Memorandum of Understanding with Coast Guard Cutter Active/City Council to authorize the Fire Chief to sign the attached agreement with the Commanding Officer of the USCG Cutter Active 4. Lodging Tax Advisory Committee Appointment/Approve the appointment of Holly Dempsey to the Lodging Tax Advisory committee Council discussion followed. Motion carried 6-0. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. 2014 Budget Amendment#3 Senior Accountant Wright said there had been no changes to the amendment since presented at November 181' meeting. She reminded council that original changes were accounting in nature,not project related. Page 2 of 4 E - 2 PORT ANGELES CITY COUNCIL MEETING—December 2, 2014 Mayor Di Guilio conducted a second reading of the ordinance by title,entitled, ORDINANCE NO.3522 AN ORDINANCE of the City of Port Angeles,Washington amending the 2014 budget and funds. It was moved by Kidd and seconded by Gase to: Adopt the 2014 Budget Amendment 43 ordinance. Motion carried 6-0. OTHER CONSIDERATIONS: 1. Management and Non-Represented Personnel Salary&Benefits Human Resources Director Abbi Fountain outlined the Management and Non-Represented staff salary and benefits for 2015 which includes a 2%cost of living adjustment and a reduction in benefits that changes the number of hours for general leave and vacation accrual from 960 hours to 480 hours to be paid at 100%at time of separation. Council discussion followed. Mayor Di Guilio conducted a second reading of the ordinance by title,entitled, ORDINANCE NO.3524 AN ORDINANCE of the City of Port Angeles,Washington revising the benefits plan for the City's management, administrative,and non-represented personnel and repealing Ordinance 3471. It was moved by Collins and seconded by Downie to: Adopt the ordinance approving the modifications to the management,administrative and non-represented personnel benefit program and salary schedule. Motion carried 6-0. 2. Port Angeles Fine Art Center Update l Presentation Robin Anderson,Executive Director of the Port Angeles Fine Art Center,spoke about the organization's mission and its work in education, exhibitions and the art park. She highlighted the Centers collaboration with other organizations,community outreach and its Plein Air Festival and Competition's growth over the past two years. Phylis Olson,Foundation President of the Port Angeles Fine Arts Center,presented City a check for$50,000 as a final payment. She thanked Corey Delikat,Parks&Recreation Director,for his leadership and she thanked Delikat's staff for maintaining Webster Woods. She talked about ways the organization is changing and growing,including the Plein Air Festival. 3. Clallam County Emergency Management/Presentation Jayme Wisecup and Sterling Eps conducted a presentation on the Clallam County Emergency Management Plan. They spoke about scientific research into earthquake and the geology of our area,plate tectonics of the Pacific Northwest,and the four types of earthquakes.They invited Council to attend a presentation at Peninsula College on December 10,2014 on the impact a mega thrust earthquake would have on the Olympic Peninsula. Page 3 of 4 E - 3 PORT ANGELES CITY COUNCIL MEETING—December 2, 2014 INFORMATION: 1. Fireworks Update/ Verbal report Fire Chief Ken Dubuc informed Council that a citizen group is looking at various options to address the issue of fireworks in Port Angeles.The group intends to come to Council with a proposal in January.They have contacted all Washington cities that have ordinances banning fireworks to see how it is working in their cities. Chief Debuc informed Council that if action is taken to implement a ban, according to state law,no changes can take place for one year. Council discussion followed. Nathan West,Director of Community and Economic Develepment,informed Council of a request that came in asking them to write a letter of support for upgrades to the Bellville Ferry terminal in Victoria where Black Ball Ferry lands in Victoria,B. C. Council agreed by consensus to send a letter of support for the project. CITY COUNCIL REPORTS: Councilmember Whetham thanked Jan Butler and others who spoke about their Fourth of July experiences. Deputy Mayor Downie said he recently attended Revitalize Port Angeles meetings along with Councilmember Kidd. Councilmember Kidd spoke about the positive focus of the Revitalize Port Angeles group. She thanked the citizens who spoke up about fireworks, and she thanked Jayme Wisecup and Sterling Eps for their presentation on the Clallam County Emergency Management Plan. Councilmember Collins said he attended the Veteran's Day Celebration in Victoria, B.C. He recommended inviting the Mayor of Victoria to attend Port Angeles Veteran's Day Celebration next year. Mayor Di Guilio said he has been following the Revitalize Port Angeles Facebook page,but that he hasn't attended in person due to concerns over the Open Public Meetings Act. No other reports were given. ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 7:59 p.m. Dan Di Guilio,Mayor Jennifer Veneklasen,City Clerk Page 4 of 4 E - 4 CITY COUNCIL MEETING Port Angeles, Washington December 16, 2014 CALL TO ORDER SPECIAL MEETING: Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5 p.m. ROLL CALL: Members Present:Mayor Di Guilio,Deputy Mayor Downie,Councilmembers Brach,Collins,Gase,Kidd and Whetham. Members Absent: None. Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,C.Delikat,K.Dubuc,C.Fulton,T. Gallagher, S.Wright and N.West EXECUTIVE SESSION: Based on input from Attorney Bloor,Mayor Di Guilio announced the need for an Executive Session,under the authority of RCW 42.30.110(1)(i)for the purpose of discussing potential litigation with legal counsel,for approximately 45 minutes. The Executive Session convened at 5:02 p.m. RETURN TO OPEN SESSION: The Executive Session concluded at 5:40 p.m.No action was taken. ADJOURNMENT: Mayor Di Guilio adjourned the Special Meeting at 5:40 p.m. CALL TO ORDER-REGULAR MEETING: Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6 p.m. ROLL CALL: Members Present:Mayor Di Guilio,Deputy Mayor Downie,Councilmembers Brach,Collins,Gase,Kidd and Whetham. Members Absent: None. Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen, S.Wright,C.Fulton,N.West,T. Gallagher,K.Dubuc,and C.Delikat PLEDGE OF ALLEGIANCE: Mayor Di Guilio led the Pledge of Allegiance to the Flag PUBLIC COMMENT: Nathan West,Director of Community and Economic Development,informed Council that proposers for Lodging Tax Funds were not invited to present at the Council meeting,and as a matter of fairness he discouraged Council from receiving comments from proposers or anyone directly tied to the proposers. Mayor Di Guilio noted that the Council would not entertain comments from people connected to proposers for marketing and visitor's center contracts. Judi Hangartner, 1815 East Fourth Street,spoke in opposition to fluoridation. She asked that the City stop adding chemicals to the water. E - 5 PORT ANGELES CITY COUNCIL MEETING—December 16, 2014 Dale Wilson asked Council to support the Lodging Tax Advisory Committee and their number one choices,to approve Vertigo for marketing contract and Soroptomist Jet Set for the Visitor's Center contract.He criticized the $3.5 million awarded to the Chamber over the past 10 years without any competitive bidding process. Eloise Kailin spoke on behalf of Protect the Peninsula's Future and talked about the dangers of fluoride,including the adverse effects it has on the brain. Tom Locke,Clallam County Health Officer,told Council that the fluoride in community water is pure,heavily regulated and used to prevent dental disease.He said the report cited by Protect the Peninsula's Future does not deal with community water fluoridation,it refers to naturally occurring fluoride. Arlene Wheeler,2951 Lower Elwha Road,asked Council to support Indigenous People's Day. She cited several other cities that celebrate native people in a similar way. George Peterson, 1010 C Street,said he represents a large group of 30-somethings and he sees no reason this community can't attract millions of visitors each year. Jim Creelman,P.O.Box 101,spoke about 911 calls pertaining to the Eighth Street Bridges.He asked Council to put up temporary fencing on the bridges. John Elbies, 1158 Freshwater Park,said he was disappointed in Council not allowing public comment on marketing and visitors center contracts. PUBLIC HEARINGS—OTHER: 1. Electric Rate Ordinance Amendment for Unmetered Security Cameras and Wireless Access Points Craig Fulton,Director of Public Works and Utilities,outlined modifications to billing, stating that the City's wireless network will be transferred from the electric utility fund to the general fund and that this change necessitates that the wireless access points pay for the electricity that they consume. Mayor Di Guilio opened the public hearing at 6:33 p.m.There being no public comment,Mayor Di Guilio closed the public hearing. Mayor Di Guilio conducted a first reading of the ordinance by title,entitled, ORDINANCE NO.3525 AN ORDINANCE of the City of Port Angeles,Washington making changes to Chapter 13.12.040 of the Port Angeles Municipal Code relating to general service. It was moved by Gase and seconded by Downie to: Waive the second reading and adopt the proposed General Service Electric Rate Ordinance as read. Motion carried 7-0. OTHER CONSIDERATIONS: 1. Sewer Fund Coalition Representatives from the City of Shelton,Mayor Gary Cronce and City Administrator Dave O'Leary,conducted a PowerPoint presentation on the Sewer Fund Coalition and spoke about infrastructure needs in cities with a population of less than 25,000.They asked Council to sign an interlocal agreement,or to contribute to the activities of an existing interlocal agreement. They further requested$2,000 in support for the coalition. Council discussion followed. Council agreed by consensus to table the motion until first meeting in February. Page 2 of 7 E - 6 PORT ANGELES CITY COUNCIL MEETING—December 16, 2014 LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manazer or Councilmember- Councilmember Downie requested Council send a letter of support for Port Angeles' application to be designated as a Bicycle Friendly Community. PUBLIC COMMENT CONTINUED: Jack Globert,Port Angeles Business Association Government Affairs Committee,asked Council to write letters requesting that Hurricane Ridge Road stay open at least 4 days a week and that the National Parks System not increases access fees. Rita Marsten,217 Columbus Avenue,a visitor's center volunteer,said that the Chamber has a proven record of success,a prime location,abundance of materials and the space essential to Visitor's Center operations. She asked Council to award Visitor's Center contract to the Chamber. Bob Stepp, 115 Railroad Avenue,asked Council to continue to support the Chamber and award them the marketing and Visitor's Center contracts. OTHER CONSIDERATIONS: 1. Lodging Tax Advisory Committee Director West outlined the Lodging Tax Advisory Committee's recommendations for allocation of lodging tax funds.He said that no negotiations are taking place at this time,and that negotiations follow Council's recommendations.He asked Council to provide direction to staff relative to proposal selection. Council disclosed potential conflicts of interest: Councilmember Kidd disclosed that her business is a member of the Port Angeles Chamber of Commerce and that she is a member of the Soroptomist Noon Club,a club with a similar name as Soroptomist Jet Set. Councilmember Kidd said she is not a board member of either organization. Councilmember Collins disclosed that he was contacted by someone in regards to the Lodging Tax and that he told them he could not discuss the matter. Councilmember Gase disclosed that he is was president of the Chamber of Commerce in 2005 and that he has been an active member for many years and is currently the Council member appointed to Chamber Board. Councilmember Gase said he has skipped the last few board meetings to avoid discussions of lodging tax allocations.Mayor Di Guilio disclosed that he was contacted by one of proposers and informed them he would not be able to discuss the matter. Council agreed by consensus to approve each Lodging Tax Fund line item separately. It was moved by Gase and seconded by Kidd to: Approve$527,100 in total expenditures for LTAC funds. Council discussion followed. Motion carried 6-1 with Di Guilio opposed. It was moved by Bruch and seconded by Kidd to: Approve$20,300 allocation to Laurel Street Debt Motion carried 7-0. It was moved by Gase and seconded by Downie to: Approve $26,300 allocation to Fine Arts Center Motion carried 7-0. It was moved by Bruch and seconded by Downie to: Approve$62,000 allocation to Parks and Recreation Motion carried 7-0. It was moved by Kidd and seconded by Bruch to: Approve $70,000 allocation for Events Grants Motion carried 7-0. It was moved by Downie and seconded by Gase to:Approve$1,500 allocation for Administration Motion carried 7-0. Page 3 of 7 E - 7 PORT ANGELES CITY COUNCIL MEETING—December 16, 2014 It was moved by Kidd and seconded by Whetham to: Approve$70,000 allocation for tent,and authorized staff to release up to $5,000 for due diligence. Motion approved 5-2,with Councilmember Collins and Mayor Di Guilio opposed. It was moved by Kidd and seconded by Downie to: Approve$22,000 for Tourism Commission Motion carried 7-0. Marketing&Visitor's Center Director West shared recommendations from the Lodging Tax Advisory Committee which recommended Council choose from three marketing proposals(Vertigo Marketing, Chamber of Commerce and Laurel Black Design)and two Visitor's Center proposals(Chamber of Commerce and Soroptomist Jet Set).He further outlined the committee's scoring process. Council discussion followed. It was moved by Gase and seconded by Collins to: Approve Port Angeles Chamber of Commerce for 2015 marketing services. Council discussion followed. Motion carried 4-3,with Councilmembers Whetham,Downie and Bruch opposed. It was moved by Bruch and seconded by Kidd to: Accept Soroptomist bid for Visitor's Center. Council discussion followed. Motion failed 3-4 with Councilmembers Bruch,Kidd and Collins in favor. It was moved by Gase and seconded by Collins to: Approve the Chamber of Commerce for Visitor's Center contract. Council discussion followed. Motion carried 4-3,with Councilmembers Bruch,Downie and Kidd opposed. It was moved by Kidd and seconded by Gase to: Approve up to $175,000 for marketing funds. Motion carried 5-2,with Councilmembers Whetham and Bruch opposed. It was moved by Councilmember Kidd and seconded by Councilmember Whetham to: Approve up to $78,500 in lodging tax funds for the Visitor's Center operations. Motion carried 7-0. Mayor Di Guilio recessed the meeting for a break at 8:38 p.m.The meeting reconvened at 8:50 p.m. CONSENT AGENDA: Mayor Di Guilio added items H-1,K-2 and K-5 to the consent agenda. It was moved by Collins and seconded by Kidd to approve the Consent Agenda to include: 1. Expenditure Approval List: 1112212014 to 12/5/2014 for$842,170.22 2. Farmer's Market Contract Renewal 3. Mayors Challenge l Accept National Mayors Challenge to support the local effort to end veteran homelessness in Clallam County in 2015/Pass Resolution No. 22-14 4. New World Systems Software License Agreement l Authorize City Manager to sign additional agreement 5. Civic Field Boiler Replacement Project l Final Acceptance 6. Ediz Hook Erosion Repair,Project TR05-2009/Final Acceptance 7. An ordinance repealing PAMC 3.15.015 and closing the Economic Development Fund and Port Angeles Works Fund/Conduct first reading/Waive second reading/Adopt Ordinance No. 3526 8. Replacement of the PenCom 9-1-1 Lifeline 100 Integrated Computer Telephone System l Authorize City Manager to sign and accept proposal;authorize Mayor to sign interlocal agreement with Lincoln County 9. Tree Trimming Contract,Project No.LO-14-018 l Final acceptance Motion carried 7-0. Page 4 of 7 E - 8 PORT ANGELES CITY COUNCIL MEETING—December 16, 2014 ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. An ordinance repealing PAMC 3.15.015 and closing the Economic Development Fund and Port Angeles Works Fund Item Moved to Consent Agenda 2. An ordinance closing the telecommunications fund and restructuring the City's telecommunications facilities Acting Chief Financial Officer Sherry Wright outlined the Finance Department's proposal to amend all references of telecommunications"utility"to"telecommunications service"in the municipal code. She further stated that the ordinance would close the telecommunications fund and transfer remaining balances to the general fund. Mayor Di Guilio conducted a first reading of the ordinance by title,entitled, ORDINANCE NO.3527 AN ORDINANCE of the City of Port Angeles,Washington,relating to Telecommunications Chapter, 13.53,of the Port Angeles Municipal Code. It was moved by Bruch and seconded by Kidd to: Adopt ordinance as read.Waive the second reading of the Ordinance amending Chapter 13.53 of the Port Angeles Municipal Code related to Telecommunications Service. Motion carried 7-0. Mayor Di Guilio conducted a first reading of the ordinance by title,entitled, ORDINANCE NO.3528 AN ORDINANCE of the City Council of the City of Port Angeles,Washington,closing the Telecommunications Fund(Fund#431). It was moved by Downie and seconded by Bruch to: Waive the second reading and adopt ordinance as read. Motion carried 7-0. OTHER CONSIDERATIONS: 1. Indigenous Peoples'Day Manager McKeen reminded Council that this was added to the agenda at their request. Council discussion followed. Council agreed by consensus to have staff gather input from local tribes about the possibility of designating a day to celebrate indigenous people. Councilmember Collins was appointed Council's representative in these discussions. 2. Consideration of Property Donation-Hopkins Director West told Council approximately 4.15 acres of property on Nicholas Road had been offered as a donation to the City. Staff reviewed the property and recommends Council accept the donation. Council discussion followed. It was moved by Bruch and seconded by Collins to: To accept the donation of property and direct staff to complete the appropriate paperwork to accept the land donation pending a satisfactory title performance. Motion carried 7-0. 3. Sales Tax Dispute Settlement-CSO Phase I Project Attorney Bloor gave an overview of proposed settlement with IMCO which gives the City a net benefit and does not increase or change the City's tax liability. Page 5 of 7 E - 9 PORT ANGELES CITY COUNCIL MEETING—December 16, 2014 It was moved by Councilmember Gase and seconded by Councilmember Downie to: Ratify the settlement agreement. Motion carried 7-0. FINANCE: 1. A Street Substation Transformer Replacement(CFP CL0206) Director Fulton told Council that bids have been received for a new power transformer for the A-Street Substation. The 42-year old transformer is undersized and not capable of carrying the shifted west side load,which presents the potential for extensive outages. It was moved by Downie and seconded by Bruch to: Authorize the City Manager to enter into a contract with WEG Service Company to acquire a new 12 MVA transformer for A-Street Substation in the amount not to exceed$542,000,and to make minor modifications as necessary. Motion carried 7-0. 2. Replacement of 911 Phone System Item moved to Consent Agenda. 3. Write off of Uncollectible Utility Accounts Acting CFO Wright said that current City Financial Policies adopted by the Council on May 20,2014 allow the Chief Financial Officer to write off minor amounts when the costs of collection equal or exceed the amount of money to be collected.The outstanding amounts owed by K-Ply,Inc and Peninsula Plywood are not minor,though all reasonable efforts to collect have been exhausted.Council discussion followed. It was moved by Councilmember Bruch and seconded by Councilmember Kidd to: Authorize the Chief Financial Officer to remove uncollectible outstanding balances for K-Ply and Peninsula Plywood from the books. Motion carried 7-0. 4. WWTP SCADA Option C and Maintenance Agreement Change Order(CFP WW0210) Director Fulton said the project upgrades and expands the SCADA System.The original contract provided for specific phases to be awarded at a later date,and for extending the contract for five years of SCADA maintenance. The project is now moving into phase C which was part of original contract. It was moved by Whetham and seconded by Bruch to: Approve and authorize the City Manager to award Phase C,along with the Maintenance Option of the Upgrade and Expansion of Wastewater Utility Supervisory Control and Data Acquisition(SCADA)System contract with Technical Systems,Inc(TCI),.in an amount not to exceed$126,000,for a new contract amount not to exceed $844,023.46. Motion carried 7-0. 5. Tree Trimming Contract,Project No.LO-14-018 Item moved to Consent Agenda. CITY COUNCIL REPORTS: Councilmember Bruch said she attended the Peninsula Development District strategic planning meeting. She also attended the Strait and Sound Environmental group that looks at environmental health of fish. She asked that Council consider adding a discussion of plastic bag usage to a future agenda. Councilmember Kidd asked that Council fulfill Port Angeles Business Association request that they write letters, individually and as a Council,to the National Park Service. Council agreed by consensus to have staff draft and send two separate letters,one regarding fees and another requesting 4-day access to Hurricane Ridge. Mayor Di Guilio said he was very lonely at Farmers Market this past Saturday as the only Council representative, but had good discussion with a couple of citizens. Page 6 of 7 E - 10 PORT ANGELES CITY COUNCIL MEETING—December 16, 2014 Deputy Mayor Downie asked Council to support Port Angeles' application seeking designation as Bicycle Friendly Community. Council agreed by consensus to have staff draft and send a letter of support. Councilmember Whetham said he has enjoyed his first year on Council,and he reminded the group that it will talk about fireworks in the New Year. Councilmember Gase said he was impressed by the enthusiasm of the Revitalized Port Angeles group. No other reports were given. INFORMATION: City Manager Reports: 1. 2014 Work Plan 2. Advisory Vote 3. Building Report 4. Utility Billing Cycle ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 10:04 p.m. Dan Di Guilio,Mayor Jennifer Veneklasen,City Clerk Page 7 of 7 E - 11 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount BILL'S PLUMBING&HEATING INC SAN I-KAN 001-0000-239.96-00 85.00 SIRCHIE FINGERPRINT LAB POLICE EQUIPMENT&SUPPLY 001-0000-237.00-00 -10.90 US BANK CORPORATE PAYMENT SYSTEICity Credit Card Pmt 001-0000-213.10-95 -14,974.45 City Credit Card Pmt 001-0000-213.10-95 13,064.28 Car water dish-Miller 001-0000-237.00-00 -9.36 LED bulbs-Olson 001-0000-237.00-00 -4.03 LED bulbs-Olson 001-0000-237.00-00 -5.39 Credit-Olson 001-0000-237.00-00 2.18 Dishwasher-Kochanek 001-0000-237.00-00 -151.20 Signs-Kochanek 001-0000-237.00-00 -1.94 Signs-Kochanek 001-0000-237.00-00 -1.94 Name Tags-Bogues 001-0000-237.00-00 -2.27 Radio Headsets-Bogues 001-0000-237.00-00 -105.99 FD Textbook-Bogues 001-0000-237.00-00 -5.80 Manual-Puntenney 001-0000-237.00-00 -12.50 Safety Products-Hanley 001-0000-237.00-00 -44.51 Hard Hats-Hanley 001-0000-237.00-00 -7.77 Radio Batteries-McFall 001-0000-237.00-00 -15.57 Earpiece-McFall 001-0000-237.00-00 -2.36 WA STATE PATROL NOV 2014 LIVE SCAN COSTS 001-0000-229.50-00 164.50 Division Total: -$2,040.02 Department Total: -$2,040.02 US BANK CORPORATE PAYMENT SYSTEILunch mtg-Gase, McKeen 001-1160-511.31-01 13.87 VICTORIA REMEMBRANCE MARKERS, PLAQUES,SIGNS 001-1160-511.31-01 77.00 Legislative Mayor& Council Division Total: $90.87 Legislative Department Total: $90.87 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-1210-513.42-10 2.11 12-05 A/C 3604529882811 B 001-1210-513.42-10 1.21 12-05 A/C 3604523877817B 001-1210-513.42-10 1.25 12-05 A/C 3604529887652B 001-1210-513.42-10 1.25 12-05 A/C 3604525834211 B 001-1210-513.42-10 1.38 CONSOLIDATED TECH SERVICES Scan Bill 001-1210-513.42-10 12.99 PACIFIC OFFICE EQUIPMENT INC RENTAL/LEASE EQUIPMENT 001-1210-513.45-31 72.60 PEN PRINT INC PRINTING,SILK SCR,TYPSET 001-1210-513.31-01 27.10 US BANK CORPORATE PAYMENT SYSTEILunch mtg-McKeen 001-1210-513.31-01 11.17 Lunch mtg-Gase, McKeen 001-1210-513.31-01 13.87 Rotary lunch-McKeen 001-1210-513.31-01 16.00 VERIZON WIRELESS CITY BLACKBERRY BILL 001-1210-513.42-10 54.69 City Manager Department City Manager Office Division Total: $215.62 US BANK CORPORATE PAYMENT SYSTEIStaff Breakfast Supplies- 001-1211-513.10-19 10.00 Food Staff Breakfast-Foun 001-1211-513.10-19 509.16 Supplies Staff Breakfast- 001-1211-513.10-19 31.44 Pagel E - 12 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount City Manager Department Customer Commitment Division Total: $550.60 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-1220-516.42-10 0.42 12-05 A/C 3604529882811 B 001-1220-516.42-10 0.24 12-05 A/C 3604523877817B 001-1220-516.42-10 0.25 12-05 A/C 3604529887652B 001-1220-516.42-10 0.25 12-05 A/C 3604525834211 B 001-1220-516.42-10 0.28 CLINICARE OF PORT ANGELES INC DRUG SCREEN &AUDIOGRAM F 001-1220-516.41-31 67.00 CONSOLIDATED TECH SERVICES Scan Bill 001-1220-516.42-10 1.56 PACIFIC OFFICE EQUIPMENT INC FURNITURE, OFFICE 001-1220-516.43-10 271.15 US BANK CORPORATE PAYMENT SYSTEI Ferry-Fountain 001-1220-516.43-10 13.90 Ferry-Fountain 001-1220-516.43-10 13.90 Bridge toll-Fountain 001-1220-516.43-10 5.50 Lodging-Fountain 001-1220-516.43-10 153.99 VERIZON WIRELESS CITY BLACKBERRY BILL 001-1220-516.42-10 54.69 City Manager Department Human Resources Division Total: $583.13 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-1230-514.42-10 0.21 12-05 A/C 3604529882811 B 001-1230-514.42-10 0.12 12-05 A/C 3604523877817B 001-1230-514.42-10 0.13 12-05 A/C 3604529887652B 001-1230-514.42-10 0.13 12-05 A/C 3604525834211 B 001-1230-514.42-10 0.14 CONSOLIDATED TECH SERVICES Scan Bill 001-1230-514.42-10 7.37 DATA BASE OFFICE MACHINES&ACCESS 001-1230-514.41-50 227.54 OFFICE MACHINES&ACCESS 001-1230-514.41-50 249.78 LEMAY MOBILE SHREDDING OFFICE MACHINES&ACCESS 001-1230-514.41-50 494.54 MUNICIPAL CODE CORPORATION MISC PROFESSIONAL SERVICE 001-1230-514.41-50 2,030.37 OLYMPIC STATIONERS INC SUPPLIES 001-1230-514.31-01 8.21 OFFICE SUPPLIES, GENERAL 001-1230-514.31-01 39.98 PEN PRINT INC PRINTING,SILK SCR,TYPSET 001-1230-514.31-01 27.10 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 64.78 COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 123.15 COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 41.08 US BANK CORPORATE PAYMENT SYSTEICups&Napkins-Bailey 001-1230-514.31-01 21.09 Bridge toll-Veneklasen 001-1230-514.43-10 5.50 Parking-Veneklasen 001-1230-514.43-10 10.00 VERIZON WIRELESS CITY BLACKBERRY BILL 001-1230-514.42-10 54.69 City Manager Department City Clerk Division Total: $3,405.91 City Manager Department Department Total: $4,755.26 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-2010-514.42-10 3.75 12-05 A/C 3604529882811 B 001-2010-514.42-10 1.05 12-05 A/C 3604523877817B 001-2010-514.42-10 0.26 12-05 A/C 3604529887652B 001-2010-514.42-10 1.31 12-05 A/C 3604525834211 B 001-2010-514.42-10 0.94 Page 2 E - 13 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CONSOLIDATED TECH SERVICES Scan Bill 001-2010-514.42-10 4.96 OLYMPIC STATIONERS INC SUPPLIES 001-2010-514.31-01 250.13 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPF001-2010-514.31-01 108.67 US BANK CORPORATE PAYMENT SYSTEILED bulbs-Olson 001-2010-514.31-01 51.98 LED bulbs-Olson 001-2010-514.31-01 69.49 Credit-Olson 001-2010-514.31-01 -28.13 Reference material-Olson 001-2010-514.31-01 203.86 Ferry ticket-Olson 001-2010-514.43-10 21.90 Ferry ticket-Olson 001-2010-514.43-10 13.90 Ferry ticket-Olson 001-2010-514.43-10 13.90 Training-Olson 001-2010-514.43-10 498.00 Parking-Olson 001-2010-514.43-10 23.00 Training-Olson 001-2010-514.43-10 50.00 GAAP Registration-Olson 001-2010-514.43-10 135.00 Office Supplies-Olson 001-2010-514.43-10 97.85 VERIZON WIRELESS CITY BLACKBERRY BILL 001-2010-514.42-10 54.79 Finance Department Finance Administration Division Total: $1,576.61 ARBITRAGE COMPLIANCE SPECIALISTS CONSULTING SERVICES 001-2023-514.41-50 3,000.00 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-2023-514.42-10 1.90 12-05 A/C 3604529882811 B 001-2023-514.42-10 1.09 12-05 A/C 3604523877817B 001-2023-514.42-10 1.12 12-05 A/C 3604529887652B 001-2023-514.42-10 1.12 12-05 A/C 3604525834211 B 001-2023-514.42-10 1.24 CONSOLIDATED TECH SERVICES Scan Bill 001-2023-514.42-10 5.69 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-2023-514.31-01 85.72 US BANK CORPORATE PAYMENT SYSTEI Registration-Nevaril 001-2023-514.43-10 800.00 Webinar Reg.-Nevaril 001-2023-514.43-10 50.00 Finance Department Accounting Division Total: $3,947.88 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-2025-514.42-10 2.74 12-05 A/C 3604529882811 B 001-2025-514.42-10 1.58 12-05 A/C 3604523877817B 001-2025-514.42-10 1.62 12-05 A/C 3604529887652B 001-2025-514.42-10 1.62 12-05 A/C 3604525834211 B 001-2025-514.42-10 1.79 CONSOLIDATED TECH SERVICES Scan Bill 001-2025-514.42-10 4.72 LEXISNEXIS PERSON SEARCHES 001-2025-514.41-50 54.20 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPF001-2025-514.31-01 391.28 PLATT ELECTRIC SUPPLY INC HAND TOOLS FOR SERVICE TR 001-2025-514.31-80 47.21 SWAIN'S GENERAL STORE INC CLOTHING ALLOWANCE 001-2025-514.31-11 140.78 CLOTHING ALLOWANCE 001-2025-514.31-11 115.00 CLOTHING ALLOWANCE 001-2025-514.31-11 75.32 Finance Department Customer Service Division Total: $837.86 OLYMPIC STATIONERS INC SUPPLIES 001-2080-514.31-01 1,957.27 Page 3 E - 14 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount OLYMPIC STATIONERS INC PAPER(OFFICE,PRINT SHOP) 001-2080-514.31-01 29.83 RESERVE ACCOUNT OFFICE MACHINES&ACCESS 001-2080-514.42-10 10,000.00 SHARP ELECTRONICS CORP OFFICE MACHINES&ACCESS 001-2080-514.45-31 700.41 OFFICE MACHINES&ACCESS 001-2080-514.45-31 171.99 UNITED PARCEL SERVICE Shipping Chgs 001-2080-514.42-10 22.60 Finance Department Reprographics Division Total: $12,882.10 Finance Department Department Total: $19,244.45 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-3010-515.42-10 1.26 12-05 A/C 3604529882811 B 001-3010-515.42-10 0.73 12-05 A/C 3604523877817B 001-3010-515.42-10 0.75 12-05 A/C 3604529887652B 001-3010-515.42-10 0.75 12-05 A/C 3604525834211 B 001-3010-515.42-10 0.83 CONSOLIDATED TECH SERVICES Scan Bill 001-3010-515.42-10 3.68 GREAT AMERICA LEASING CORP COPIER LEASE 001-3010-515.45-31 163.47 THOMSON REUTERS-WEST WESTLAW LEGAL RESEARCH 001-3010-515.31-01 306.75 US BANK CORPORATE PAYMENT SYSTEI Manual-DeFrang 001-3010-515.31-01 44.34 WSAMA Conf.-Bloor 001-3010-515.43-10 185.50 VERIZON WIRELESS CITY BLACKBERRY BILL 001-3010-515.42-10 82.04 Attorney Attorney Office Division Total: $790.10 CITY OF FORKS FORKS NOV. JAIL BILL 001-3012-598.51-23 2,385.00 CLALLAM CNTY SHERIFF'S DEPT NOVEMBER JAIL BILL 001-3012-598.51-23 49,097.45 Attorney Jail Contributions Division Total: $51,482.45 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-3021-515.42-10 0.84 12-05 A/C 3604529882811 B 001-3021-515.42-10 0.49 12-05 A/C 3604523877817B 001-3021-515.42-10 0.50 12-05 A/C 3604529887652B 001-3021-515.42-10 0.50 12-05 A/C 3604525834211 B 001-3021-515.42-10 0.55 CONSOLIDATED TECH SERVICES Scan Bill 001-3021-515.42-10 19.46 GREAT AMERICA LEASING CORP COPIER LEASE 001-3021-515.45-31 163.47 OLYMPIC STATIONERS INC OFFICE SUPPLIES 001-3021-515.31-01 21.44 THOMSON REUTERS-WEST WESTLAW LEGAL RESEARCH 001-3021-515.31-01 306.75 US BANK CORPORATE PAYMENT SYSTEITraining Tool-McKeen 001-3021-515.31-01 136.50 VERIZON WIRELESS CITY BLACKBERRY BILL 001-3021-515.42-10 82.04 Attorney Prosecution Division Total: $732.54 Attorney Department Total: $53,005.09 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-4010-558.42-10 1.58 12-05 A/C 3604529882811 B 001-4010-558.42-10 0.91 12-05 A/C 3604523877817B 001-4010-558.42-10 0.94 12-05 A/C 3604529887652B 001-4010-558.42-10 0.94 12-05 A/C 3604525834211 B 001-4010-558.42-10 1.03 CONSOLIDATED TECH SERVICES Scan Bill 001-4010-558.42-10 12.65 OLYMPIC STATIONERS INC MISC OFFICE SUPPLIES 001-4010-558.31-01 7.26 Page 4 E - 15 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount PACIFIC OFFICE EQUIPMENT INC FURNITURE, OFFICE 001-4010-558.31-01 499.86 PORT ANGELES CITY TREASURER Chamber of Commerce-N. 001-4010-558.31-01 15.17 PA Business Assoc meeting 001-4010-558.31-01 12.48 SOUND PUBLISHING INC MCDONALDS LEGAL 001-4010-558.44-10 63.20 LEGAL PUBL NIPPON SMA 001-4010-558.44-10 75.84 US BANK CORPORATE PAYMENT SYSTEITravel APA Conf.-West 001-4010-558.43-10 125.00 Travel Fee-West 001-4010-558.43-10 25.00 VERIZON WIRELESS CITY BLACKBERRY BILL 001-4010-558.42-10 54.67 Community Development Planning Division Total: $896.53 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-4020-524.42-10 0.55 12-05 A/C 3604529882811 B 001-4020-524.42-10 0.32 12-05 A/C 3604523877817B 001-4020-524.42-10 0.32 12-05 A/C 3604529887652B 001-4020-524.42-10 0.32 12-05 A/C 3604525834211 B 001-4020-524.42-10 0.36 CONSOLIDATED TECH SERVICES Scan Bill 001-4020-524.42-10 0.40 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-4020-524.31-01 107.40 SHARP ELECTRONICS CORP COPIER LEASE 001-4020-524.45-31 373.90 Community Development Building Division Total: $483.57 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-4030-559.42-10 0.08 12-05 A/C 3604529882811 B 001-4030-559.42-10 0.05 12-05 A/C 3604523877817B 001-4030-559.42-10 0.05 12-05 A/C 3604529887652B 001-4030-559.42-10 0.05 12-05 A/C 3604525834211 B 001-4030-559.42-10 0.06 CONSOLIDATED TECH SERVICES Scan Bill 001-4030-559.42-10 2.40 Community Development Code Compliance Division Total: $2.69 SWCA ENVIRONMENTAL CONSULTANTS ENVIRONMENTAL&ECOLOGICAL 001-4062-558.41-50 727.08 ENVIRONMENTAL&ECOLOGICAL 001-4062-558.41-50 727.08 Community Development Cultural Resources Division Total: $1,454.16 Community Development Department Total: $2,836.95 BLUMENTHAL UNIFORMS&EQUIP CLOTHING &APPAREL 001-5010-521.20-80 112.09 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-5010-521.42-12 66.96 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-5010-521.42-10 3.37 12-05 A/C 3604529882811 B 001-5010-521.42-10 1.94 12-05 A/C 3604523877817B 001-5010-521.42-10 2.00 12-05 A/C 3604529887652B 001-5010-521.42-10 2.00 12-05 A/C 3604525834211 B 001-5010-521.42-10 2.21 11-20 A/C 206Z200017790B 001-5010-521.42-10 199.03 11-23 A/C 206TO31979835B 001-5010-521.42-10 64.74 11-23 A/C 206T411918873B 001-5010-521.42-10 57.46 CONSOLIDATED TECH SERVICES Scan Bill 001-5010-521.42-10 55.10 Glenn McFall BOOTS-PARKING ENFORCEME 001-5010-521.20-80 118.99 Dept of Enterprise Srvs ADMIN FEE FEDERAL SURPLUS 001-5010-521.41-50 400.00 Page 5 E - 16 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount PENINSULA AWARDS&TROPHIES OFFICE SUPPLIES, GENERAL 001-5010-521.31-11 57.07 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5010-521.31-01 199.41 OFFICE SUPPLIES, GENERAL 001-5010-521.31-01 36.96 OFFICE SUPPLIES, GENERAL 001-5010-521.31-01 60.02 OFFICE SUPPLIES, GENERAL 001-5010-521.31-01 -65.04 US BANK CORPORATE PAYMENT SYSTEI Bridge toll-Smith 001-5010-521.43-10 5.50 Cab fare-Smith 001-5010-521.43-10 40.31 Conf. Fee-Smith 001-5010-521.43-10 51.50 Cab fare-Smith 001-5010-521.43-10 40.71 Parking-Smith 001-5010-521.43-10 112.00 Hotel-Smith 001-5010-521.43-10 268.88 Baggage Fee-Smith 001-5010-521.43-10 25.00 Bridge fee-McFall 001-5010-521.43-10 5.50 Lodging-Dombrowski 001-5010-521.43-10 268.88 VERIZON WIRELESS CITY BLACKBERRY BILL 001-5010-521.42-10 149.43 Police Department Police Administration Division Total: $2,342.02 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-5021-521.42-12 202.03 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-5021-521.42-10 2.11 12-05 A/C 3604529882811 B 001-5021-521.42-10 1.21 12-05 A/C 3604523877817B 001-5021-521.42-10 1.25 12-05 A/C 3604529887652B 001-5021-521.42-10 1.25 12-05 A/C 3604525834211 B 001-5021-521.42-10 1.38 CONSOLIDATED TECH SERVICES Scan Bill 001-5021-521.42-10 12.58 AT&T LEA TRKG NUMBERS 11/20-11 001-5021-521.41-50 125.00 SWAIN'S GENERAL STORE INC POLICE EQUIPMENT&SUPPLY 001-5021-521.31-01 25.98 POLICE EQUIPMENT&SUPPLY 001-5021-521.31-01 28.09 US BANK CORPORATE PAYMENT SYSTEISgt.Academy-Peninger 001-5021-521.43-10 500.00 Video Equip.-Peninger 001-5021-521.43-10 352.54 VERIZON WIRELESS CITY BLACKBERRY BILL 001-5021-521.42-10 568.24 Police Department Investigation Division Total: $1,821.66 ADVANCED TRAVEL Instructor Development 001-5022-521.43-10 1,195.99 Vehicle Transport-Ferguso 001-5022-521.43-10 22.00 FTO School-Rife 001-5022-521.43-10 1,111.54 Training-Smith 001-5022-521.43-10 976.00 K9 Seminar-Degand 001-5022-521.49-80 514.47 BLUMENTHAL UNIFORMS&EQUIP CLOTHING &APPAREL 001-5022-521.20-80 43.35 CLOTHING &APPAREL 001-5022-521.20-80 1,008.62 CLOTHING &APPAREL 001-5022-521.20-80 187.90 CLOTHING &APPAREL 001-5022-521.20-80 10.24 CLOTHING &APPAREL 001-5022-521.31-11 37.88 CLOTHING &APPAREL 001-5022-521.31-11 66.12 CLOTHING &APPAREL 001-5022-521.31-11 171.22 Page 6 E - 17 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount BLUMENTHAL UNIFORMS&EQUIP BADGES&OTHER ID EQUIP. 001-5022-521.31-80 592.51 SHOES AND BOOTS 001-5022-521.31-80 303.47 CLOTHING &APPAREL 001-5022-521.31-80 342.42 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-5022-521.42-10 5.90 12-05 A/C 3604529882811 B 001-5022-521.42-10 3.40 12-05 A/C 3604523877817B 001-5022-521.42-10 3.50 12-05 A/C 3604529887652B 001-5022-521.42-10 3.50 12-05 A/C 3604525834211 B 001-5022-521.42-10 3.86 CONSOLIDATED TECH SERVICES Scan Bill 001-5022-521.42-10 17.11 EVERGREEN TOWING AUTO MAJOR TRANSPORTATION 001-5022-521.49-90 184.82 AUTO MAJOR TRANSPORTATION 001-5022-521.49-90 106.23 AUTO MAJOR TRANSPORTATION 001-5022-521.49-90 62.87 INTOXIMETERS INC Repairs-2012 001-5022-521.31-80 63.41 KITSAP COUNTY SHERIFF'S OFFICE EDUCATIONAL SERVICES 001-5022-521.49-90 367.45 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 35.58 Freelinc FA05 SPKR/ADAPTER/TUBE EA 001-5022-521.31-14 793.80 OLYMPIC MEDICAL CENTER PRINTING EQUIP&SUPPLIES 001-5022-521.49-90 200.00 PORT ANGELES POLICE DEPARTMENT Key/Sims Supplies 001-5022-521.31-01 16.42 Fuel/Bridge toll 001-5022-521.43-10 37.82 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 185.36 OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 12.66 OFFICE SUPPLIES, GENERAL 001-5022-521.31-11 109.14 OFFICE SUPPLIES, GENERAL 001-5022-521.31-60 19.49 SIRCHIE FINGERPRINT LAB POLICE EQUIPMENT&SUPPLY 001-5022-521.31-01 140.57 SWAIN'S GENERAL STORE INC OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 28.85 US BANK CORPORATE PAYMENT SYSTEIResole boots-Kuch 001-5022-521.20-80 60.00 Refreshments Homicide Sce 001-5022-521.31-01 89.87 Radio Batteries-McFall 001-5022-521.31-14 200.85 Earpiece-McFall 001-5022-521.31-14 30.35 Patrol SD Cards-McFall 001-5022-521.31-80 32.51 Patrol SD Card-McFall 001-5022-521.31-80 10.83 Patrol Cameras-McFall 001-5022-521.31-80 130.07 Patrol Cameras-McFall 001-5022-521.31-80 130.07 Ship Evidence-Morgan 001-5022-521.42-10 58.92 Car water dish-Miller 001-5022-521.49-80 120.71 VERIZON WIRELESS CITY BLACKBERRY BILL 001-5022-521.42-10 2,315.54 WA STATE CRIMINAL JUSTICE EDUCATIONAL SERVICES 001-5022-521.43-10 75.00 Police Department Patrol Division Total: $12,240.19 BLUMENTHAL UNIFORMS&EQUIP CLOTHING &APPAREL 001-5026-521.20-80 162.60 CLOTHING &APPAREL 001-5026-521.31-11 51.87 Bushwacker VOLS RECOG AWARDS GIFT CE 001-5026-521.31-01 150.00 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-5026-521.31-01 30.37 Page 7 E - 18 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-5026-521.31-01 22.57 VERIZON WIRELESS CITY BLACKBERRY BILL 001-5026-521.42-10 34.65 Police Department Reserves& Volunteers Division Total: $452.06 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-5029-521.42-10 2.11 12-05 A/C 3604529882811 B 001-5029-521.42-10 1.21 12-05 A/C 3604523877817B 001-5029-521.42-10 1.25 12-05 A/C 3604529887652B 001-5029-521.42-10 1.25 12-05 A/C 3604525834211 B 001-5029-521.42-10 1.38 CONSOLIDATED TECH SERVICES Scan Bill 001-5029-521.42-10 5.28 Rene's Mailings, Inc. EMBROID ON RECORDS SWTRS, 001-5029-521.31-11 361.64 OLYMPIC PRINTERS INC OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 499.72 OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 141.25 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-5029-521.45-31 111.57 OFFICE SUPPLIES, GENERAL 001-5029-521.45-31 48.00 PEN PRINT INC OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 498.64 PORT ANGELES POLICE DEPARTMENT Uniform supplies 001-5029-521.31-11 49.67 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 83.32 OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 77.49 OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 70.23 US BANK CORPORATE PAYMENT SYSTEI Lodging-Schi Ike 001-5029-521.43-10 227.70 Police Department Records Division Total: $2,181.71 CED/CONSOLIDATED ELEC DIST INC PW CONSTRUCTION & RELATED 001-5050-521.31-20 296.71 US BANK CORPORATE PAYMENT SYSTEI Sand Bags-Peninger 001-5050-521.31-01 260.12 Police Department Facilities Maintenance Division Total: $556.83 Police Department Department Total: $19,594.47 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-6010-522.42-12 334.80 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-6010-522.42-10 2.95 12-05 A/C 3604529882811 B 001-6010-522.42-10 1.70 12-05 A/C 3604523877817B 001-6010-522.42-10 1.75 12-05 A/C 3604529887652B 001-6010-522.42-10 1.75 12-05 A/C 3604525834211 B 001-6010-522.42-10 1.93 12-05 A/C 3604523712585B 001-6010-522.42-11 0.84 12-05 A/C 3604529882811 B 001-6010-522.42-11 0.49 12-05 A/C 3604523877817B 001-6010-522.42-11 0.50 12-05 A/C 3604529887652B 001-6010-522.42-11 0.50 12-05 A/C 3604525834211 B 001-6010-522.42-11 0.55 CONSOLIDATED TECH SERVICES Scan Bill 001-6010-522.42-10 4.32 Scan Bill 001-6010-522.42-11 2.96 OLYMPIC STATIONERS INC PAPER(OFFICE,PRINT SHOP) 001-6010-522.31-01 13.78 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 001-6010-522.31-01 15.28 OFFICE MACHINES&ACCESS 001-6010-522.31-01 17.96 UNITED PARCEL SERVICE Shipping Chgs 001-6010-522.42-10 8.57 Page 8 E - 19 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount VERIZON WIRELESS CITY BLACKBERRY BILL 001-6010-522.42-10 59.17 Fire Department Fire Administration Division Total: $469.80 BAXTER AUTO PARTS#15 MASS TRANS,ACCES& PARTS 001-6020-522.31-02 48.81 BLUMENTHAL UNIFORMS&EQUIP CLOTHING &APPAREL 001-6020-522.20-80 522.38 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-6020-522.42-10 2.74 12-05 A/C 3604529882811 B 001-6020-522.42-10 1.58 12-05 A/C 3604523877817B 001-6020-522.42-10 1.62 12-05 A/C 3604529887652B 001-6020-522.42-10 1.62 12-05 A/C 3604525834211 B 001-6020-522.42-10 1.79 CLALLAM CNTY FIRE DISTRICT 3 PUMPS&ACCESSORIES 001-6020-522.41-50 900.00 CONSOLIDATED TECH SERVICES Scan Bill 001-6020-522.42-10 0.56 CURTIS&SONS INC, L N AUTO&TRUCK MAINT. ITEMS 001-6020-522.31-01 -694.84 EQUIP MAINT& REPAIR SERV 001-6020-522.31-01 725.20 US BANK CORPORATE PAYMENT SYSTEILitebox Battery-Dubuc 001-6020-522.31-01 44.43 Radio Headsets-Bogues 001-6020-522.31-14 1,367.77 WA STATE PATROL CONSULTING SERVICES 001-6020-522.43-10 395.00 Fire Department Fire Suppression Division Total: $3,318.66 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-6021-522.42-10 0.21 12-05 A/C 3604529882811 B 001-6021-522.42-10 0.12 12-05 A/C 3604523877817B 001-6021-522.42-10 0.13 12-05 A/C 3604529887652B 001-6021-522.42-10 0.13 12-05 A/C 3604525834211 B 001-6021-522.42-10 0.14 CLINICARE OF PORT ANGELES INC EDUCATIONAL SERVICES 001-6021-522.41-50 262.00 US BANK CORPORATE PAYMENT SYSTEIName Tags-Bogues 001-6021-522.31-11 29.20 Fire Department Fire Volunteers Division Total: $291.93 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-6030-522.42-10 0.42 12-05 A/C 3604529882811 B 001-6030-522.42-10 0.24 12-05 A/C 3604523877817B 001-6030-522.42-10 0.25 12-05 A/C 3604529887652B 001-6030-522.42-10 0.25 12-05 A/C 3604525834211 B 001-6030-522.42-10 0.28 Fire Department Fire Prevention Division Total: $1.44 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-6040-522.42-10 0.42 12-05 A/C 3604529882811 B 001-6040-522.42-10 0.24 12-05 A/C 3604523877817B 001-6040-522.42-10 0.25 12-05 A/C 3604529887652B 001-6040-522.42-10 0.25 12-05 A/C 3604525834211 B 001-6040-522.42-10 0.28 CONSOLIDATED TECH SERVICES Scan Bill 001-6040-522.42-10 1.76 US BANK CORPORATE PAYMENT SYSTEIFD Textbook-Bogues 001-6040-522.31-01 74.80 Fire Department Fire Training Division Total: $78.00 OLYMPIC PARTY&CUSTODIAL SUPPLIE:TEXTILE,FIBERS,LINENS 001-6050-522.31-01 36.81 JANITORIAL SUPPLIES 001-6050-522.31-01 178.57 SEARS COMMERCIAL ONE APPLIANCES, HOUSEHOLD 001-6050-522.48-10 31.67 Fire Department Facilities Maintenance Division Total: $247.05 Page 9 E - 20 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-6060-525.42-10 1.90 12-05 A/C 3604529882811 B 001-6060-525.42-10 1.09 12-05 A/C 3604523877817B 001-6060-525.42-10 1.12 12-05 A/C 3604529887652B 001-6060-525.42-10 1.12 12-05 A/C 3604525834211 B 001-6060-525.42-10 1.24 Fire Department Emergency Management Division Total: $6.47 Fire Department Department Total: $4,413.35 ADVANCED TRAVEL LID Training-Boehme 001-7010-532.43-10 30.50 LID Training-Neal 001-7010-532.43-10 30.50 CANON USA, INC RENTAL/LEASE EQUIPMENT 001-7010-532.45-31 784.44 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-7010-532.42-12 108.38 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-7010-532.42-10 6.53 12-05 A/C 3604529882811 B 001-7010-532.42-10 3.76 12-05 A/C 3604523877817B 001-7010-532.42-10 3.87 12-05 A/C 3604529887652B 001-7010-532.42-10 3.87 12-05 A/C 3604525834211 B 001-7010-532.42-10 4.27 CONSOLIDATED TECH SERVICES Scan Bill 001-7010-532.42-10 87.92 Maher Abed MILEAGE REIMBURSEMENT 001-7010-532.31-01 31.92 OFFICE DEPOT SUPPLIES 001-7010-532.31-01 164.23 SUPPLIES 001-7010-532.31-01 13.91 SUPPLIES 001-7010-532.31-01 96.05 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 001-7010-532.45-31 338.63 QUILL CORPORATION COMPUTER ACCESSORIES&SUPF 001-7010-532.31-01 -583.35 COMPUTER ACCESSORIES&SUPF 001-7010-532.31-01 -154.13 2015 DESK CALENDAR REFILL 001-7010-532.31-01 13.65 SHARP ELECTRONICS CORP OFFICE MACHINES&ACCESS 001-7010-532.45-31 380.35 SOUND PUBLISHING INC RENEW PDN COST PDO0574973 001-7010-532.49-01 135.20 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 001-7010-532.31-01 125.64 US BANK CORPORATE PAYMENT SYSTEI Manual-Puntenney 001-7010-532.31-01 161.25 Safety Products-Hanley 001-7010-532.31-01 574.33 Hard Hats-Hanley 001-7010-532.31-01 100.27 Refund-Hanley 001-7010-532.31-01 -50.00 VERIZON WIRELESS 11-28 a/c 271138138-00002 001-7010-532.42-10 37.46 11-22 a/c 571136182-00001 001-7010-532.42-10 122.84 CITY BLACKBERRY BILL 001-7010-532.42-10 109.38 Public Wks& Utilities Pub Wks Administration Division Total: $2,681.67 Public Wks& Utilities Department Total: $2,681.67 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-8010-574.42-10 0.63 12-05 A/C 3604529882811 B 001-8010-574.42-10 0.36 12-05 A/C 3604523877817B 001-8010-574.42-10 0.38 12-05 A/C 3604529887652B 001-8010-574.42-10 0.38 12-05 A/C 3604525834211 B 001-8010-574.42-10 0.41 Page 10 E - 21 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CONSOLIDATED TECH SERVICES Scan Bill 001-8010-574.42-10 11.61 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-8010-574.44-10 85.95 US BANK CORPORATE PAYMENT SYSTEISigns-Kochanek 001-8010-574.49-60 25.04 Signs-Kochanek 001-8010-574.49-60 25.04 VERIZON WIRELESS 11-22 a/c 571136182-00005 001-8010-574.42-10 19.08 CITY BLACKBERRY BILL 001-8010-574.42-10 54.99 Parks Dept Parks Administration Division Total: $223.87 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-8012-555.42-10 0.63 12-05 A/C 3604529882811 B 001-8012-555.42-10 0.36 12-05 A/C 3604523877817B 001-8012-555.42-10 0.37 12-05 A/C 3604529887652B 001-8012-555.42-10 0.37 12-05 A/C 3604525834211 B 001-8012-555.42-10 0.41 12-02 A/C 36041 71 94241 3B 001-8012-555.42-10 42.50 12-05 A/C 3604529861819B 001-8012-555.42-10 45.76 CONSOLIDATED TECH SERVICES Scan Bill 001-8012-555.42-10 1.76 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 001-8012-555.45-31 70.82 US BANK CORPORATE PAYMENT SYSTEI Dishwasher-Kochanek 001-8012-555.31-80 1,951.20 Parks Dept Senior Center Division Total: $2,114.18 ANGELES MILLWORK&LUMBER CO CEMETERY MARKERS 001-8050-536.34-01 28.55 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-8050-536.42-12 202.03 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-8050-536.42-10 0.42 12-05 A/C 3604529882811 B 001-8050-536.42-10 0.24 12-05 A/C 3604523877817B 001-8050-536.42-10 0.25 12-05 A/C 3604529887652B 001-8050-536.42-10 0.25 12-05 A/C 3604525834211 B 001-8050-536.42-10 0.28 CONSOLIDATED TECH SERVICES Scan Bill 001-8050-536.42-10 3.20 MATTHEWS INTERNATIONAL BADGES&OTHER ID EQUIP. 001-8050-536.34-01 236.99 QUIRING MONUMENTS INC CEMETERY MARKERS 001-8050-536.34-01 192.00 BRICKS&CLAY PRODUCTS 001-8050-536.34-01 100.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 230.64 VERIZON WIRELESS 11-22 a/c 571136182-00005 001-8050-536.42-10 37.80 Parks Dept Ocean View Cemetery Division Total: $1,032.65 ALLPLAY SYSTEMS, LLC SUPPLIES 001-8080-576.31-20 1,191.32 ANGELES MILLWORK&LUMBER CO BUILDER'S SUPPLIES 001-8080-576.31-20 23.24 SIGNS, SIGN MATERIAL 001-8080-576.31-20 14.74 PAINTS,COATI N GS,WALLPAPER 001-8080-576.31-20 31.21 SUPPLIES 001-8080-576.31-20 157.82 BUILDER'S SUPPLIES 001-8080-576.31-20 40.93 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-8080-576.42-12 305.92 CED/CONSOLIDATED ELEC DIST INC SUPPLIES 001-8080-576.31-20 219.09 SUPPLIES 001-8080-576.31-20 83.50 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-8080-576.42-10 2.11 Page 11 E - 22 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 12-05 A/C 3604529882811 B 001-8080-576.42-10 1.21 12-05 A/C 3604523877817B 001-8080-576.42-10 1.25 12-05 A/C 3604529887652B 001-8080-576.42-10 1.25 12-05 A/C 3604525834211 B 001-8080-576.42-10 1.38 DEPT OF LABOR&INDUSTRIES CONSULTING SERVICES 001-8080-576.31-01 71.50 MATHEWS GLASS CO INC BUILDER'S SUPPLIES 001-8080-576.31-40 102.23 OLYMPIC LAUNDRY&DRY CLEANERS LAUNDRY TEXTILES&SUPPLIS 001-8080-576.31-01 15.18 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPF001-8080-576.31-01 157.61 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8080-576.31-01 6.44 SUPPLIES 001-8080-576.31-20 21.47 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 30.71 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 59.35 SUPPLIES 001-8080-576.31-20 17.33 VERIZON WIRELESS 11-22 a/c 571136182-00003 001-8080-576.42-10 137.13 Parks Dept Park Facilities Division Total: $2,693.92 Parks Dept Department Total: $6,064.62 THURMAN SUPPLY ELECTRICAL EQUIP&SUPPLY 001-8112-555.31-20 71.54 Facilities Maintenance Senior Center Facilities Division Total: $71.54 AMSAN APPLIANCES, HOUSEHOLD 001-8131-518.31-01 138.23 SUPPLIES 001-8131-518.31-01 70.22 JANITORIAL SUPPLIES 001-8131-518.31-01 125.83 ANGELES MILLWORK&LUMBER CO SUPPLIES 001-8131-518.48-10 30.21 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 001-8131-518.31-20 69.38 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-8131-518.42-10 0.42 12-05 A/C 3604529882811 B 001-8131-518.42-10 0.24 12-05 A/C 3604523877817B 001-8131-518.42-10 0.25 12-05 A/C 3604529887652B 001-8131-518.42-10 0.25 12-05 A/C 3604525834211 B 001-8131-518.42-10 0.28 12-02 A/C 3604170786905B 001-8131-518.42-10 35.72 12-05 A/C 3604525109623B 001-8131-518.42-10 42.50 12-02 A/C 3604175328784B 001-8131-518.42-10 42.50 12-05 a/c 3604523954268B 001-8131-518.42-10 87.79 OLYMPIC RESTAURANT EQUIPMENT CAFETERIA&KIT EQUIP COM 001-8131-518.31-01 26.88 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8131-518.31-01 6.02 THYSSENKRUPP ELEVATOR CORP BUILDING MAINT&REPAIR SER 001-8131-518.48-10 911.74 VERIZON WIRELESS 11-22 a/c 571136182-00005 001-8131-518.42-10 38.16 Facilities Maintenance Central Svcs Facilities Division Total: $1,626.62 Facilities Maintenance Department Total: $1,698.16 ANDERSEN, BRIAN L REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 198.00 AT&T MOBILITY 11-26 a/c 994753890 001-8221-574.42-10 11.93 BAXLEY, HAYLEYALYSE SCOREKEEPER PAYMENT FOR T 001-8221-574.41-50 80.00 BOE, MADELINE M. SCOREKEEPER PAYMENT FOR T 001-8221-574.41-50 100.00 Page 12 E - 23 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CAPTAIN T'S CLOTHING &APPAREL 001-8221-574.31-01 492.14 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-8221-574.42-10 0.42 12-05 A/C 3604529882811 B 001-8221-574.42-10 0.24 12-05 A/C 3604523877817B 001-8221-574.42-10 0.25 12-05 A/C 3604529887652B 001-8221-574.42-10 0.25 12-05 A/C 3604525834211 B 001-8221-574.42-10 0.28 CONSOLIDATED TECH SERVICES Scan Bill 001-8221-574.42-10 2.16 CORNELL, CHRISTOPHER S REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 110.00 DOBYNS,THERESA SCOREKEEPER PAYMENT FOR M 001-8221-574.41-50 250.00 DOMACH, DOMACH CHUOL REFEREE PAYMENT FOR MEN'S 001-8221-574.41-50 66.00 DRAKE'S PIZZA&SUBS FOODS: PERISHABLE 001-8221-574.31-01 234.58 EDGAR, KELSEY REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 198.00 REFEREE PAYMENT FOR MEN'S 001-8221-574.41-50 660.00 GEARHART,JEFFREY J. REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 110.00 HANSEN'S TROPHY BADGES&OTHER ID EQUIP. 001-8221-574.31-01 301.35 HEILMAN,JOHN REFEREE PAYMENT FOR VOLLE 001-8221-574.41-50 105.00 HENSEN,JAMES C REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 88.00 REFEREE PAYMENT FOR MEN'S 001-8221-574.41-50 66.00 JEFFERS, KYLES B SCOREKEEPER PAYMENT FOR T 001-8221-574.41-50 100.00 JONES, KIAH N SCOREKEEPER PAYMENT FOR T 001-8221-574.41-50 120.00 LUNT, LAUREN SCOREKEEPER PAYMENT FOR M 001-8221-574.41-50 20.00 MUDGE, KRISTA REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 220.00 NEEL,JENNIFER DAWN REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 198.00 PARKER, PAUL RAMON REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 132.00 PIMENTEL, HENRY REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 132.00 RAMSEY,SCOTT REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 66.00 REFEREE PAYMENT FOR MEN'S 001-8221-574.41-50 660.00 REMINGTON,SCOTT DAVID REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 110.00 ROBINSON,JASON SCOREKEEPER PAYMENT FOR M 001-8221-574.41-50 50.00 ROONEY, RANDY L REFEREE PAYMENT FOR VOLLE 001-8221-574.41-50 225.00 SADDLER, CHARLES M REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 110.00 1/2 ASSIGNING FEE AS PER 001-8221-574.41-50 650.00 WATSON, KEVIN E. REFEREE PAYMENT FOR HOLID 001-8221-574.41-50 88.00 Recreation Activities Sports Programs Division Total: $5,955.60 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 001-8224-574.42-10 0.21 12-05 A/C 3604529882811 B 001-8224-574.42-10 0.12 12-05 A/C 3604523877817B 001-8224-574.42-10 0.13 12-05 A/C 3604529887652B 001-8224-574.42-10 0.13 12-05 A/C 3604525834211 B 001-8224-574.42-10 0.14 CONSOLIDATED TECH SERVICES Scan Bill 001-8224-574.42-10 1.20 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8224-574.31-01 6.77 HARDWARE,AND ALLIED ITEMS 001-8224-574.31-01 6.75 Page 13 E - 24 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount US BANK CORPORATE PAYMENT SYSTEIKids Program ming-Cariello 001-8224-574.31-01 22.03 VERIZON WIRELESS 11-22 a/c 571136182-00005 001-8224-574.42-10 19.08 Recreation Activities Youth/Family Programs Division Total: $56.56 Recreation Activities Department Total: $6,012.16 General Fund Fund Total: $118,357.03 PORT ANGELES CHAMBER OF COMM CONSULTING SERVICES 101-1430-557.50-83 27,797.35 Lodging Excise Tax Lodging Excise Tax Division Total: $27,797.35 Lodging Excise Tax Department Total: $27,797.35 Lodging Excise Tax Fund Fund Total: $27,797.35 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 556.09 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 698.10 ANGELES MILLWORK&LUMBER CO FASTENERS, FASTENING DEVS 102-7230-542.31-20 5.64 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 27.58 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 102-7230-542.42-12 117.18 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 102-7230-542.42-10 1.05 12-05 A/C 3604529882811 B 102-7230-542.42-10 0.61 12-05 A/C 3604523877817B 102-7230-542.42-10 0.62 12-05 A/C 3604529887652B 102-7230-542.42-10 0.62 12-05 A/C 3604525834211 B 102-7230-542.42-10 0.69 CLALLAM CNTY DEPT OF HEALTH POATS/HASKINS TWINRIX 2 102-7230-542.49-90 198.00 CONSOLIDATED TECH SERVICES Scan Bill 102-7230-542.42-10 1.28 FAMILY SHOE STORE SHOES AND BOOTS 102-7230-542.31-01 151.71 OFFICE DEPOT SUPPLIES 102-7230-542.31-01 41.87 PORT ANGELES CITY TREASURER CDL Permit and knowledge 102-7230-542.49-90 24.00 PORT ANGELES POWER EQUIPMENT SHOES AND BOOTS 102-7230-542.31-01 150.00 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 28.17 LAWN MAINTENANCE EQUIP 102-7230-542.35-01 1,000.88 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 43.25 PUD#1 OF CLALLAM COUNTY Lauridsen Blvd & L St 102-7230-542.47-10 14.82 Golf Course Lite 102-7230-542.47-10 9.86 PUGET SAFETY EQUIPMENT INC FIRST AID&SAFETY EQUIP. 102-7230-542.31-01 877.83 QUILL CORPORATION HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 48.48 SHARP ELECTRONICS CORP RENTAL/LEASE EQUIPMENT 102-7230-542.45-31 90.28 SUNSET DO-IT BEST HARDWARE JANITORIAL SUPPLIES 102-7230-542.31-25 61.36 FASTENERS, FASTENING DEVS 102-7230-542.31-25 8.33 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 239.96 SWAIN'S GENERAL STORE INC FIRST AID&SAFETY EQUIP. 102-7230-542.31-01 166.65 SHOES AND BOOTS 102-7230-542.31-01 390.24 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-25 15.75 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 21.65 SUPPLIES 102-7230-542.35-01 156.07 SUPPLIES 102-7230-542.35-01 156.07 Page 14 E - 25 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 102-7230-542.31-20 41.97 TRAFFIC SAFETY SUPPLY CO MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 1,176.15 VERIZON WIRELESS 11-22 a/c 571136182-00003 102-7230-542.42-10 102.52 CITY BLACKBERRY BILL 102-7230-542.42-10 54.69 WASHINGTON(AGRICUL),STATE OF MEMBERSHIPS 102-7230-542.49-01 33.00 Public Works-Street Street Division Total: $6,713.02 Public Works-Street Department Total: $6,713.02 Street Fund Fund Total: $6,713.02 BREEN, DANNI L. FACADE GRANT 103-1511-558.49-91 1,431.01 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 103-1511-558.42-10 0.11 12-05 A/C 3604529882811 B 103-1511-558.42-10 0.06 12-05 A/C 3604523877817B 103-1511-558.42-10 0.06 12-05 A/C 3604529887652B 103-1511-558.42-10 0.06 12-05 A/C 3604525834211 B 103-1511-558.42-10 0.07 SOUND PUBLISHING INC MKTG RFP ADVERTISEMENT 103-1511-558.44-10 136.00 MKTG RFP ADVERTISEMENT 103-1511-558.44-10 126.00 US BANK CORPORATE PAYMENT SYSTEITourism Conf.-Roberds 103-1511-558.43-10 95.00 VERIZON WIRELESS CITY BLACKBERRY BILL 103-1511-558.42-10 0.01 Economic Development Economic Development Division Total: $1,788.38 Economic Development Department Total: $1,788.38 Economic Development Fund Total: $1,788.38 ADVANCED TRAVEL AC Mtg-Homan 107-5160-528.43-11 318.96 CENTURYLINK 12-06 A/C 406063845 107-5160-528.42-11 160.22 12-06 A/C 300509854 107-5160-528.42-11 106.45 12-06 A/C 300539444 107-5160-528.42-11 95.08 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 107-5160-528.42-10 5.69 12-05 A/C 3604529882811 B 107-5160-528.42-10 3.27 12-05 A/C 3604523877817B 107-5160-528.42-10 3.37 12-05 A/C 3604529887652B 107-5160-528.42-10 3.37 12-05 A/C 3604525834211 B 107-5160-528.42-10 3.72 12-02 A/C 360ZO20380301 B 107-5160-528.42-11 1,101.66 CONSOLIDATED TECH SERVICES Scan Bill 107-5160-528.42-10 71.19 LANGUAGE LINE SERVICES MISC PROFESSIONAL SERVICE 107-5160-528.42-11 5.53 NENA 911 NANA MBRSP DUES 2015,SROM 107-5160-528.49-01 137.00 PETEK,THOMAS C PHD HEALTH RELATED SERVICES 107-5160-528.41-50 300.00 PORT ANGELES POLICE DEPARTMENT Forks Mayor/Admin Lunch 107-5160-528.31-01 38.10 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 107-5160-528.31-01 370.80 COMPUTERS,DP&WORD PROC. 107-5160-528.31-01 484.73 SQUAD ROOM EMBLEMS PRINTING,SILK SCR,TYPSET 107-5160-528.31-01 79.62 US BANK CORPORATE PAYMENT SYSTEIAnnual Dues-Romberg 107-5160-528.43-11 92.00 Dues-Homan,VanSickle 107-5160-528.43-11 184.00 Refund-Romberg 107-5160-528.43-11 -36.00 Page 15 E - 26 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount VERIZON WIRELESS CITY BLACKBERRY BILL 107-5160-528.42-10 164.07 Pencom Pencom Division Total: $3,692.83 Pencom Department Total: $3,692.83 Pencom Fund Fund Total: $3,692.83 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 156-8630-575.42-12 202.03 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 156-8630-575.42-10 0.63 12-05 A/C 3604529882811 B 156-8630-575.42-10 0.36 12-05 A/C 3604523877817B 156-8630-575.42-10 0.38 12-05 A/C 3604529887652B 156-8630-575.42-10 0.38 12-05 A/C 3604525834211 B 156-8630-575.42-10 0.41 PORT ANGELES FINE ARTS CENTER FNCEDUCATIONAL SERVICES 156-8630-575.41-50 1,900.00 SUPPLIES 156-8630-575.41-50 1,571.03 VERIZON WIRELESS 11-22 a/c 571136182-00005 156-8630-575.42-10 19.08 Esther Webster/Fine Arts Esther Webster/Fine Arts Division Total: $3,694.30 Esther Webster/Fine Arts Department Total: $3,694.30 Fine Arts Center Fund Total: $3,694.30 TRAFFIC SAFETY SUPPLY CO SIGNS, SIGN MATERIAL 310-7910-594.65-10 10,204.38 Capital Projects-Pub Wks Cap Improvmt Admin Division Total: $10,204.38 HERRERA ENVIRONMENTAL CONSULTAPENVIRONMENTAL&ECOLOGICAL 310-7930-595.65-10 2,597.10 PRIMO CONSTRUCTION INC CONSTRUCTION SERVICES,GEN 310-7930-595.65-10 46,936.23 Capital Projects-Pub Wks GF-Street Projects Division Total: $49,533.33 SWCA ENVIRONMENTAL CONSULTANTS ENVIRONMENTAL&ECOLOGICAL 310-7961-595.65-10 2,391.39 ENVIRONMENTAL&ECOLOGICAL 310-7961-595.65-10 787.67 VANIR CONSTRUCTION MGMT, INC MARINE CONSTRUCTION SERVI 310-7961-595.65-10 17,173.27 Capital Projects-Pub Wks ST-Sidewalk Improvement Division Total: $20,352.33 Capital Projects-Pub Wks Department Total: $80,090.04 SWIFT PLUMBING&HEATING, INC. EQUIPMENT MAINTENANCE,REC 310-8985-594.65-10 14,725.41 Capital Proj-Parks & Rec Misc Parks Projects Division Total: $14,725.41 Capital Proj-Parks & Rec Department Total: $14,725.41 Capital Improvement Fund Total: $94,815.45 BPA-POWER WIRES November Power Wire-EFT 401-0000-213.10-00 1,925,788.00 CARLSON SALES METERING SOLUTIONS ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 1,399.12 HD SUPPLY POWER SOLUTIONS, LTD LUMBER& RELATED PRODUCTS 401-0000-141.41-00 953.65 ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 1,463.40 ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 398.89 MCMASTER-CARR SUPPLY CO ELECTRICAL EQUIP&SUPPLY 401-0000-237.00-00 -22.60 ALBA ASSOCIATES FINAL BILL REFUND-1502 C 401-0000-122.10-99 1.50 BECKER, LAURENCE&PEGGY FINAL BILL REFUND 401-0000-122.10-99 50.47 COMACHO-VILLA, RICARDO FINAL BILL REFUND 401-0000-122.10-99 25.49 EASTMAN, LANCE R FINAL BILL REFUND 401-0000-122.10-99 233.89 GREEN CROW PROPERTIES OVERPAYMENT-1321 ECKARD 401-0000-122.10-99 88.94 GREENBERG,ARTHUR OVERPAYMENT-501 E 3RD ST 401-0000-122.10-99 47.27 Page 16 E - 27 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount HALE, RANDY S OVERPAYMENT-1707 E 4TH ST 401-0000-122.10-99 0.05 HALL,JARED D FINAL BILL REFUND 401-0000-122.10-99 107.81 HEATON,SADIE A FINAL BILL REFUND 401-0000-122.10-99 1.07 HENDERSON, GLEN C FINAL BILL REFUND 401-0000-122.10-99 42.14 HOLGUIN,JACOB D FINAL BILL REFUND 401-0000-122.10-99 50.70 HOOVER, HAILEY ELIZABETH UTILITY DEPOSIT REFUND 401-0000-122.10-99 125.00 UTILITY DEPOSIT REFUND 401-0000-122.10-99 125.00 HULL, MARTIN P FINAL BILL REFUND 401-0000-122.10-99 60.64 JIMENEZ DELGADO, HECTOR FINAL BILL REFUND 401-0000-122.10-99 62.50 KAMBEITZ,VALERIE M FINAL BILL REFUND 401-0000-122.10-99 27.53 NEUROPSYCHIATRIC ASSN FINAL BILL REFUND 401-0000-122.10-99 121.68 PENINSULA HOUSING AUTHORITY FINAL REFUND-507 LOPEZ 401-0000-122.10-99 118.01 RINDELS, DEBRA FINAL BILL REFUND 401-0000-122.10-99 185.48 RUSSELL,TABITHA S FINAL BILL REFUND 401-0000-122.10-99 7.54 SMITH,COLIN D FINAL BILL REFUND 401-0000-122.10-99 150.05 SOMERVILLE, DIANA E FINAL BILL REFUND-1502#8 401-0000-122.10-99 284.03 WOLNIEWICZ, MIKE FINAL BILL REFUND 401-0000-122.10-99 7.49 OLDCASTLE PRECAST, INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 2,918.09 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 29.14 WESCO DISTRIBUTION INC ELECTRICAL CABLES&WIRES 401-0000-141.42-00 10,399.90 Division Total: $1,945,251.87 Department Total: $1,945,251.87 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 401-7111-533.42-12 100.44 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 401-7111-533.42-10 0.63 12-05 A/C 3604529882811 B 401-7111-533.42-10 0.36 12-05 A/C 3604523877817B 401-7111-533.42-10 0.37 12-05 A/C 3604529887652B 401-7111-533.42-10 0.37 12-05 A/C 3604525834211 B 401-7111-533.42-10 0.41 CONSOLIDATED TECH SERVICES Scan Bill 401-7111-533.42-10 4.56 QUILL CORPORATION SUPPLIES 401-7111-533.31-01 17.55 VERIZON WIRELESS 11-22 a/c 571136182-00001 401-7111-533.42-10 56.71 Public Works-Electric Engineering-Electric Division Total: $181.40 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 401-7120-533.42-12 100.44 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 401-7120-533.42-10 0.63 12-05 A/C 3604529882811 B 401-7120-533.42-10 0.36 12-05 A/C 3604523877817B 401-7120-533.42-10 0.37 12-05 A/C 3604529887652B 401-7120-533.42-10 0.37 12-05 A/C 3604525834211 B 401-7120-533.42-10 0.41 CONSOLIDATED TECH SERVICES Scan Bill 401-7120-533.42-10 15.63 EES CONSULTING INC MISC PROFESSIONAL SERVICE 401-7120-533.49-01 197.69 MARSH MUNDORF PRATT SULLIVAN CONSULTING SERVICES 401-7120-533.49-01 535.37 Public Works-Electric Power Systems Division Total: $851.27 Page 17 E - 28 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount ADVANCED TRAVEL Foreman Leadership-Deane 401-7180-533.43-10 612.50 ALDERGROVE CONSTRUCTION INC ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 1,273.70 ALTEC INDUSTRIES, INC AUTO&TRUCK MAINT. ITEMS 401-7180-533.35-01 3,629.23 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 401-7180-533.42-12 2,385.35 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 121.19 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 43.36 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 401-7180-533.42-10 5.05 12-05 A/C 3604529882811 B 401-7180-533.42-10 2.91 12-05 A/C 3604523877817B 401-7180-533.42-10 3.00 12-05 A/C 3604529887652B 401-7180-533.42-10 3.00 12-05 A/C 3604525834211 B 401-7180-533.42-10 3.31 12-02 a/c 206ZO20411942B 401-7180-533.42-10 96.69 12-02 a/c 3604178095336B 401-7180-533.42-10 45.76 12-05 a/c 3604529541353B 401-7180-533.42-10 42.50 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 401-7180-533.41-50 2,841.00 CONSOLIDATED TECH SERVICES Scan Bill 401-7180-533.42-10 12.25 ELLIOTT'S TREE CARE, LLC ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 6,144.00 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 5,094.89 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 8,280.00 ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 8,280.00 GENERAL PACIFIC INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 10,497.46 MATCO TOOLS ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 59.87 MCMASTER-CARR SUPPLY CO ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 291.65 NAPA AUTO PARTS ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 32.69 OLYMPIC LAUNDRY&DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 82.79 OVERTON SAFETY TRAINING, INC EDUCATIONAL SERVICES 401-7180-533.43-10 8,705.00 EDUCATIONAL SERVICES 401-7180-533.43-10 600.00 PEN PRINT INC BUS CARDS-DRAKE/WILLIAMS 401-7180-533.31-01 54.20 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 19.22 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 568.17 PORT ANGELES POWER EQUIPMENT EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 17.07 EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 30.28 PUGET SAFETY EQUIPMENT INC FIRST AID&SAFETY EQUIP. 401-7180-533.31-01 96.30 FIRST AID&SAFETY EQUIP. 401-7180-533.31-01 277.76 OPTICAL EQUIP ACESS&SUPP 401-7180-533.31-01 121.51 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 134.48 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 31.76 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 24.28 ROHLINGER ENTERPRISES INC EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 183.89 EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 85.64 EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 1,159.88 SUNSET DO-IT BEST HARDWARE ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 19.99 Page 18 E - 29 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount SUNSET DO-IT BEST HARDWARE ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 12.67 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 19.55 FUEL,OIL,GREASE, & LUBES 401-7180-533.34-02 44.83 SEED,SOD,SOIL&INOCULANT 401-7180-533.34-02 11.70 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 29.40 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 126.81 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 352.42 TRANSFORMER TECHNOLOGIES, LLC ELECTRICAL EQUIP&SUPPLY 401-7180-533.48-10 2,500.00 TYNDALE COMPANY FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 1,017.01 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 251.87 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 523.90 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 79.62 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 448.62 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 159.24 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 580.97 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 22.06 UNITED PARCEL SERVICE Shipping Chgs 401-7180-533.42-10 11.94 US BANK CORPORATE PAYMENT SYSTEIPlastic Forks-Hairell 401-7180-533.31-01 4.31 Hard Hat Suspension-Haire 401-7180-533.35-01 24.09 Sign Repair-Hairell 401-7180-533.48-10 10.20 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 401-7180-533.49-90 16.17 VERIZON WIRELESS 11-22 a/c 571136182-00002 401-7180-533.42-10 159.75 11-28 a/c 271138138-00003 401-7180-533.42-10 62.29 CITY BLACKBERRY BILL 401-7180-533.42-10 54.69 Public Works-Electric Electric Operations Division Total: $68,537.69 Public Works-Electric Department Total: $69,570.36 Electric Utility Fund Fund Total: $2,014,822.23 AM CONSERVATION GROUP, INC COMMUNICATIONS/MEDIA SERV 402-0000-237.00-00 -18.48 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 774.77 PIPE FITTINGS 402-0000-141.40-00 1,588.57 THURMAN SUPPLY PIPE FITTINGS 402-0000-141.40-00 51.77 Division Total: $2,396.63 Department Total: $2,396.63 ADVANCED TRAVEL Water Plant tour-Baar 402-7380-534.43-10 30.50 WTP Overview-Baar 402-7380-534.43-10 153.50 WTP Overview-Flores 402-7380-534.43-10 30.50 WTP Overview-Johnson 402-7380-534.43-10 30.50 AM CONSERVATION GROUP, INC COMMUNICATIONS/MEDIA SERV 402-7380-534.49-90 238.41 ANDERSON&SONS GRAVEL ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 447.15 ANGELES MILLWORK&LUMBER CO HAND TOOLS ,POW&NON POWER 402-7380-534.31-20 44.26 HAND TOOLS ,POW&NON POWER 402-7380-534.34-02 107.31 BACKFLOW APPARATUS&VALVE CO HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 92.25 Page 19 E - 30 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 402-7380-534.42-12 1,040.90 CASCADE COLUMBIA DISTRIBUTION, INCGASES CONT.EQUIP:LAB,WELD 402-7380-534.31-05 -196.10 WATER&SEWER TREATING CHEM402-7380-534.31-05 7,294.06 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 402-7380-534.42-10 1.90 12-05 A/C 3604529882811 B 402-7380-534.42-10 1.09 12-05 A/C 3604523877817B 402-7380-534.42-10 1.12 12-05 A/C 3604529887652B 402-7380-534.42-10 1.12 12-05 A/C 3604525834211 B 402-7380-534.42-10 1.24 12-05 a/c 3604524587479B 402-7380-534.42-10 102.87 12-05 a/c 3604525230978B 402-7380-534.42-10 135.21 12-08 a/c 3605650365696B 402-7380-534.42-10 42.50 CONSOLIDATED TECH SERVICES Scan Bill 402-7380-534.42-10 6.01 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 402-7380-534.41-50 336.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 224.00 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 402-7380-534.31-20 182.26 GRANTS PASS WATER LABORATORY, IN(TESTING&CALIBRATION SERVI 402-7380-534.41-50 350.00 GRCC/WW MEMBERSHIPS 402-7380-534.49-01 42.00 GREEN RIVER COMMUNITY COLLEGE EDUCATIONAL SERVICES 402-7380-534.43-10 200.00 HOLCOMB&COMPANY, D ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 4,700.01 LAKESIDE INDUSTRIES INC PW CONSTRUCTION & RELATED 402-7380-534.48-10 17,975.00 LAUREL BLACK DESIGN CONSULTING SERVICES 402-7380-534.41-50 600.00 WATERWORKS OPERATOR JEFFERY GROVES-WTPO I 402-7380-534.43-10 87.00 RAY ANDERSON -WTPO I 402-7380-534.43-10 87.00 N C MACHINERY CO RENTAL/LEASE EQUIPMENT 402-7380-534.45-30 548.78 OFFICE DEPOT SUPPLIES 402-7380-534.31-01 40.34 OLYMPIC LAUNDRY&DRY CLEANERS RAGS,SHOP TOWELS,WIPING 402-7380-534.31-01 40.98 PLATT ELECTRIC SUPPLY INC PIPE FITTINGS 402-7380-534.31-20 268.64 ELECTRICAL EQUIP&SUPPLY 402-7380-534.31-20 85.90 POLLARD CO. INC,JOSEPH G FIRST AID&SAFETY EQUIP. 402-7380-534.31-01 54.63 WATER&SEWER TREATING CHEM402-7380-534.35-01 1,097.27 PORS ATTYAT LAW,THOMAS M ELWHA WATER FACILITIES 402-7380-534.41-50 1,295.00 QUILL CORPORATION SUPPLIES 402-7380-534.31-01 48.48 RYAN HERCO PRODUCTS CORP PIPE FITTINGS 402-7380-534.31-20 325.41 SEARS COMMERCIAL ONE HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 108.37 HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 108.88 SHARP ELECTRONICS CORP RENTAL/LEASE EQUIPMENT 402-7380-534.45-31 90.29 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 402-7380-534.44-10 86.75 SUNSET DO-IT BEST HARDWARE MATERIAL HNDLING&STOR EQP 402-7380-534.35-01 115.88 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 402-7380-534.31-01 216.66 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-20 31.37 FASTENERS, FASTENING DEVS 402-7380-534.31-20 48.93 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 21.67 Page 20 E - 31 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount TWISS ANALYTICAL LABORATORIES TESTING&CALIBRATION SERVI 402-7380-534.41-50 215.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 173.00 US BANK CORPORATE PAYMENT SYSTEIBottled Water-Wray 402-7380-534.31-01 10.00 Chairs-Wray 402-7380-534.31-01 489.13 Chairs-Wray 402-7380-534.31-01 390.22 Credit-Wray 402-7380-534.43-10 -85.00 USA BLUEBOOK HAND TOOLS ,POW&NON POWER 402-7380-534.31-01 826.90 WATER&SEWER TREATING CHEM 402-7380-534.31-01 1,019.22 CHEMICAL LAB EQUIP&SUPP 402-7380-534.31-01 408.61 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 402-7380-534.49-90 16.17 VERIZON WIRELESS 10-28 a/c 271138138-00005 402-7380-534.42-10 74.94 CITY BLACKBERRY BILL 402-7380-534.42-10 54.69 WA STATE DEPARTMENT OF HEALTH MEMBERSHIPS 402-7380-534.49-01 42.00 MEMBERSHIPS 402-7380-534.49-01 42.00 MEMBERSHIPS 402-7380-534.49-01 42.00 WWCPA SECRETARY-TREASURER MEMBERSHIPS 402-7380-534.49-01 15.00 MEMBERSHIPS 402-7380-534.49-01 35.00 MEMBERSHIPS 402-7380-534.49-01 35.00 Public Works-Water Water Division Total: $42,827.68 Public Works-Water Department Total: $42,827.68 Water Fund Fund Total: $45,224.31 PORT ANGELES CITY TREASURER Pushbutton/Switch 403-0000-237.00-00 -2.19 Division Total: -$2.19 Department Total: -$2.19 ADS, LLC ENVIRONMENTAL&ECOLOGICAL 403-7480-535.41-50 4,348.09 ALDERGROVE CONSTRUCTION INC ROADSIDE,GRNDS,REC, PARK 403-7480-535.48-10 449.86 BACKFLOW APPARATUS&VALVE CO PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 123.57 SHIPPING AND HANDLING 403-7480-535.42-10 4.88 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 403-7480-535.42-12 1,238.69 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 403-7480-535.31-20 95.93 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 403-7480-535.42-10 1.69 12-05 A/C 3604529882811 B 403-7480-535.42-10 0.97 12-05 A/C 3604523877817B 403-7480-535.42-10 1.00 12-05 A/C 3604529887652B 403-7480-535.42-10 1.00 12-05 A/C 3604525834211 B 403-7480-535.42-10 1.10 12-02 a/c 3604170591196B 403-7480-535.42-10 47.05 12-02 a/c 3604170190080B 403-7480-535.42-10 42.50 12-05 a/c 3604529911834B 403-7480-535.42-10 87.79 CONSOLIDATED TECH SERVICES Scan Bill 403-7480-535.42-10 15.45 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 403-7480-535.41-50 868.00 TESTING&CALIBRATION SERVI 403-7480-535.41-50 581.23 TESTING&CALIBRATION SERVI 403-7480-535.41-50 73.00 Page 21 E - 32 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount EDGE ANALYTICAL TESTING&CALIBRATION SERVI 403-7480-535.41-50 264.00 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 403-7480-535.31-01 59.74 SUPPLIES 403-7480-535.31-01 36.27 PAINTS,COATI N GS,WALLPAPER 403-7480-535.31-01 62.49 HAND TOOLS ,POW&NON POWER 403-7480-535.35-01 25.58 FEIRO MARINE LIFE CENTER CONSULTING SERVICES 403-7480-535.44-10 552.00 HACH COMPANY PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 4,825.64 PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 548.88 PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 195.66 LINCOLN INDUSTRIAL CORP MISCELLANEOUS SERVICES 403-7480-535.48-10 604.48 MISCELLANEOUS SERVICES 403-7480-535.48-10 653.26 MASCO PETROLEUM, INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 2,000.69 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,898.78 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,831.40 NAPA AUTO PARTS SUPPLIES 403-7480-535.31-01 26.21 OFFICE DEPOT SUPPLIES 403-7480-535.31-01 13.86 OLYMPIC PARTY&CUSTODIAL SUPPLIE:CEMETERY SUPPLIES 403-7480-535.31-01 207.09 OLYMPIC STATIONERS INC SUPPLIES 403-7480-535.31-01 11.61 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP&SUPPLY 403-7480-535.31-20 249.92 ELECTRICAL EQUIP&SUPPLY 403-7480-535.31-20 22.34 ELECTRICAL EQUIP&SUPPLY 403-7480-535.31-20 721.14 PORT ANGELES CITY TREASURER Light bulbs 403-7480-535.31-01 15.44 Pushbutton/Switch 403-7480-535.31-01 28.17 Reimburse for ecology rep 403-7480-535.42-10 9.05 Reimburse for toxicity su 403-7480-535.42-10 12.84 PUD#1 OF CLALLAM COUNTY Masters Rd 403-7480-535.47-10 171.08 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 403-7480-535.44-10 45.82 SWAIN'S GENERAL STORE INC CHEMICAL LAB EQUIP&SUPP 403-7480-535.31-01 37.09 FIRST AID&SAFETY EQUIP. 403-7480-535.31-01 113.04 CHEMICAL LAB EQUIP&SUPP 403-7480-535.31-01 33.40 CHEMICAL LAB EQUIP&SUPP 403-7480-535.31-01 -3.34 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-01 26.23 PIPE FITTINGS 403-7480-535.31-01 21.89 TMG SERVICES INC PUMPS&ACCESSORIES 403-7480-535.35-01 940.04 SHIPPING AND HANDLING 403-7480-535.42-10 32.31 TYCO INTEGRATED SECURITY SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 185.83 SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 181.42 UNITED PARCEL SERVICE Shipping Chgs 403-7480-535.42-10 6.65 US BANK CORPORATE PAYMENT SYSTEIVent Filters-Wray 403-7480-535.31-20 115.40 Scada power source-McBrid 403-7480-535.31-60 75.87 UTILITIES UNDERGROUND LOC CTR ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 16.17 VERIZON WIRELESS 11-22 a/c 571136182-00004 403-7480-535.42-10 56.56 Page 22 E - 33 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount VERIZON WIRELESS 11-28 a/c 271138138-00006 403-7480-535.42-10 45.38 CITY BLACKBERRY BILL 403-7480-535.42-10 58.65 WWCPA SECRETARY-TREASURER ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 75.00 Public Works-WW/Storm% Wastewater Division Total: $25,092.83 Public Works-WW/Stormwtr Department Total: $25,092.83 Wastewater Fund Fund Total: $25,090.64 MADSEN ROOFING, INC. MADSEN ROOFING, INC. 404-0000-213.10-90 522.24 PORT ANGELES CITY TREASURER Fire Extinguisher Arrow S 404-0000-237.00-00 -3.54 Division Total: $518.70 Department Total: $518.70 ADVANCED TRAVEL Workshop-Paynter 404-7538-537.43-10 355.94 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 404-7538-537.42-10 0.84 12-05 A/C 3604529882811 B 404-7538-537.42-10 0.49 12-05 A/C 3604523877817B 404-7538-537.42-10 0.50 12-05 A/C 3604529887652B 404-7538-537.42-10 0.50 12-05 A/C 3604525834211 B 404-7538-537.42-10 0.55 CLALLAM CNTY SOLID WASTE DEPT BLDG CONSTRUC. SERVICES- 404-7538-537.41-50 540.00 BLDG CONSTRUC. SERVICES- 404-7538-537.49-90 3,706.96 MIDWEST LABORATORIES INC TESTING&CALIBRATION SERVI 404-7538-537.41-50 215.00 April Amundson MILEAGE REIMBURSEMENT 404-7538-537.31-01 23.52 Michelle Hale MILEAGE REIMBURSEMENT 404-7538-537.31-01 6.16 Sonja Coventon MILEAGE REIMBURSEMENT 404-7538-537.31-01 96.54 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 404-7538-537.44-10 655.93 RADIO PACIFIC INC(KONP) REAL PROPERTY,RENT/LEASE 404-7538-537.44-10 900.00 SHARP ELECTRONICS CORP RENTAL/LEASE EQUIPMENT 404-7538-537.45-31 90.29 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 404-7538-537.44-10 224.00 Gift Guide 404-7538-537.44-10 310.00 SWAIN'S GENERAL STORE INC CHEMICAL LAB EQUIP&SUPP 404-7538-537.31-01 10.02 TERRE-SOURCE, LLC CONSULTING SERVICES 404-7538-537.41-51 467.50 US BANK CORPORATE PAYMENT SYSTEIBridge toll-Wray 404-7538-537.43-10 6.50 VERNON PUBLICATIONS COMMUNICATIONS/MEDIA SERV 404-7538-537.44-10 813.00 WASTE CONNECTIONS, INC BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 251,011.27 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,327.17 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.45-30 5,367.27 ENVIRONMENTAL&ECOLOGICAL 404-7538-582.75-10 30,765.62 ENVIRONMENTAL&ECOLOGICAL 404-7538-592.83-10 32,013.11 Public Works-Solid Waste SW- Transfer Station Division Total: $328,908.68 ADVANCED TRAVEL Recycling Conf.-Freilich 404-7580-537.43-10 159.22 AMSAN SUPPLIES 404-7580-537.31-01 483.05 ANGELES MILLWORK&LUMBER CO SUPPLIES 404-7580-537.31-20 24.10 BAILEY SIGNS&GRAPHICS MARKERS, PLAQUES,SIGNS 404-7580-537.44-10 75.88 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 404-7580-537.42-12 319.21 Page 23 E - 34 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 12-05 A/C 3604523712585B 404-7580-537.42-10 0.84 12-05 A/C 3604529882811 B 404-7580-537.42-10 0.49 12-05 A/C 3604523877817B 404-7580-537.42-10 0.50 12-05 A/C 3604529887652B 404-7580-537.42-10 0.50 12-05 A/C 3604525834211 B 404-7580-537.42-10 0.55 12-05 a/c 3604522245145B 404-7580-537.42-10 42.67 12-05 a/c 3604528100532B 404-7580-537.42-10 43.38 CONSOLIDATED TECH SERVICES Scan Bill 404-7580-537.42-10 5.93 Scan Bill 404-7580-537.42-10 3.60 OFFICE DEPOT SUPPLIES 404-7580-537.31-01 52.90 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 404-7580-537.44-10 873.49 PRINTING,SILK SCR,TYPSET 404-7580-537.44-10 861.78 PORT ANGELES CITY TREASURER Fire Extinguisher Arrow S 404-7580-537.31-01 45.64 QUILL CORPORATION HARDWARE,AND ALLIED ITEMS 404-7580-537.31-01 48.48 RADIO PACIFIC INC(KONP) REAL PROPERTY,RENT/LEASE 404-7580-537.44-10 685.00 SUNSET DO-IT BEST HARDWARE SUPPLIES 404-7580-537.31-01 118.01 VERIZON WIRELESS CITY BLACKBERRY BILL 404-7580-537.42-10 54.69 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 54,120.00 Public Works-Solid Waste Solid Waste-Collections Division Total: $58,019.91 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 404-7585-537.41-50 88.00 FASTENAL INDUSTRIAL FIRST AID&SAFETY EQUIP. 404-7585-537.31-20 189.72 LEITZ FARMS, INC ROADSIDE,GRNDS,REC, PARK 404-7585-537.31-20 477.71 Public Works-Solid Waste Solid Waste-Landfill Division Total: $755.43 Public Works-Solid Waste Department Total: $387,684.02 Solid Waste-Collections Fund Total: $388,202.72 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 406-7412-538.42-10 0.42 12-05 A/C 3604529882811 B 406-7412-538.42-10 0.24 12-05 A/C 3604523877817B 406-7412-538.42-10 0.25 12-05 A/C 3604529887652B 406-7412-538.42-10 0.25 12-05 A/C 3604525834211 B 406-7412-538.42-10 0.28 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 406-7412-538.41-50 1,482.00 TESTING&CALIBRATION SERVI 406-7412-538.41-50 494.00 CLALLAM CNTY ROAD DEPT TESTING&CALIBRATION SERVI 406-7412-538.41-50 1,037.84 CONSOLIDATED TECH SERVICES Scan Bill 406-7412-538.42-10 8.97 FASTENAL INDUSTRIAL MACHINERY& HEAVY HRDWARE 406-7412-538.35-01 105.45 FEIRO MARINE LIFE CENTER CONSULTING SERVICES 406-7412-538.41-50 700.00 CONSULTING SERVICES 406-7412-538.41-50 733.00 Dan Williams RAIN GARDEN REIMBURSEMENT 406-7412-538.41-50 765.44 SUNSET DO-IT BEST HARDWARE HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 257.38 SWAIN'S GENERAL STORE INC SUPPLIES 406-7412-538.35-01 9.72 HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 110.22 US BANK CORPORATE PAYMENT SYSTEIConference-Boehme 406-7412-538.43-10 20.00 Page 24 E - 35 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 406-7412-538.49-90 16.17 Public Works-WW/Storm% Stormwater Division Total: $5,741.63 Public Works-WW/Stormwtr Department Total: $5,741.63 Stormwater Fund Fund Total: $5,741.63 NATIONAL SAFETY COUNCIL PAPER(OFFICE,PRINT SHOP) 409-0000-237.00-00 -28.94 US BANK CORPORATE PAYMENT SYSTEIBattery-Bogues 409-0000-237.00-00 -4.68 Division Total: -$33.62 Department Total: -$33.62 ARROW INTERNATIONAL SALE SURPLUS/OBSOLETE 409-6025-526.31-02 560.29 BLUMENTHAL UNIFORMS&EQUIP CLOTHING &APPAREL 409-6025-526.20-80 231.87 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 409-6025-526.42-10 2.53 12-05 A/C 3604529882811 B 409-6025-526.42-10 1.46 12-05 A/C 3604523877817B 409-6025-526.42-10 1.50 12-05 A/C 3604529887652B 409-6025-526.42-10 1.50 12-05 A/C 3604525834211 B 409-6025-526.42-10 1.65 JIM'S PHARMACY INC SALE SURPLUS/OBSOLETE 409-6025-526.31-02 10.82 NATIONAL SAFETY COUNCIL PAPER(OFFICE,PRINT SHOP) 409-6025-526.31-08 373.45 OLYMPIC OXYGEN MASS TRANS,ACCES& PARTS 409-6025-526.31-13 20.49 SEAWESTERN INC PIPE FITTINGS 409-6025-526.31-13 1,969.83 SYSTEMS DESIGN WEST, LLC CONSULTING SERVICES 409-6025-526.41-50 2,200.54 US BANK CORPORATE PAYMENT SYSTEI Battery-Bogues 409-6025-526.31-01 60.29 Keyboard-Bogues 409-6025-526.31-01 127.73 VIDACARE SALE SURPLUS/OBSOLETE 409-6025-526.31-02 560.38 Fire Department Medic I Division Total: $6,124.33 Fire Department Department Total: $6,124.33 Medic I Utility Fund Total: $6,090.71 ADVANCED TRAVEL PA Harbor mtg-Bloor 413-7481-535.43-10 53.25 CASCADIA LAW GROUP MISC PROFESSIONAL SERVICE 413-7481-535.41-50 2,915.00 MISC PROFESSIONAL SERVICE 413-7481-535.41-50 90.00 MISC PROFESSIONAL SERVICE 413-7481-535.41-50 5,044.90 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 4,515.77 CONSULTING SERVICES 413-7481-535.41-50 998.40 US BANK CORPORATE PAYMENT SYSTEILunch mtg-Bailey 413-7481-535.41-50 49.59 Lunch mtg-Bailey 413-7481-535.41-50 5.69 Lunch mtg-Bailey 413-7481-535.41-50 21.38 Conference-DeFrang 413-7481-535.43-10 350.00 WA STATE DEPARTMENT OF ECOLOGY ENVIRONMENTAL&ECOLOGICAL 413-7481-535.41-50 8,766.77 Public Works-WW/Storm% Wastewater Remediation Division Total: $22,810.75 Public Works-WW/Stormwtr Department Total: $22,810.75 Harbor Clean Up Fund Total: $22,810.75 AEE-ASSOC OF ENERGY ENGINEERS MEMBERSHIPS 421-7121-533.43-10 190.00 Page 25 E - 36 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 12-05 A/C 3604523712585B 421-7121-533.42-10 0.42 12-05 A/C 3604529882811 B 421-7121-533.42-10 0.24 12-05 A/C 3604523877817B 421-7121-533.42-10 0.25 12-05 A/C 3604529887652B 421-7121-533.42-10 0.25 12-05 A/C 3604525834211 B 421-7121-533.42-10 0.28 CONSOLIDATED TECH SERVICES Scan Bill 421-7121-533.42-10 4.48 DAVE'S HEATING&COOLING SVC CITY REBATE 421-7121-533.49-86 4,500.00 CITY REBATE 421-7121-533.49-86 800.00 CITY REBATE 421-7121-533.49-86 800.00 EVERWARM HEARTH&HOME INC CITY REBATE 421-7121-533.49-86 4,210.00 CITY REBATE 421-7121-533.49-86 271.00 CITY REBATE 421-7121-533.49-86 60.00 Darlene Ruble CITY REBATE 421-7121-533.49-86 50.00 Krista Hanan CITY REBATE 421-7121-533.49-86 75.00 Ralph Bauman CITY REBATE 421-7121-533.49-86 50.00 Seth Cook CITY REBATE 421-7121-533.49-86 413.46 Steve Mahany CITY REBATE 421-7121-533.49-86 50.00 Tamara Kellar CITY REBATE 421-7121-533.49-86 50.00 Terry Heindl CITY REBATE 421-7121-533.49-86 100.00 Robert Kajfasz MEETING REFRESHMENTS 421-7121-533.43-10 97.56 PENINSULA HEAT INC CITY REBATE 421-7121-533.49-86 1,000.00 CITY REBATE 421-7121-533.49-86 1,000.00 RADIO PACIFIC INC(KONP) COMMUNICATIONS/MEDIA SERV 421-7121-533.44-10 500.00 THOMAS BUILDING CENTER CITY REBATE 421-7121-533.49-86 3,648.40 US BANK CORPORATE PAYMENT SYSTEI Seminar-Currie 421-7121-533.43-10 645.00 Public Works-Electric Conservation Division Total: $18,516.34 Public Works-Electric Department Total: $18,516.34 Conservation Fund Total: $18,516.34 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 431-7130-538.41-50 2,365.26 DATA PROC SERV&SOFTWARE 431-7130-538.42-12 5,282.05 CASCADE MOBILE COMMUNICATIONS/MEDIA SERV 431-7130-538.48-10 24,384.58 COLUMBIA TELECOMMUNICATIONS COR CONSULTING SERVICES 431-7130-538.41-50 2,913.75 Public Works-Electric Telecommunications Division Total: $34,945.64 Public Works-Electric Department Total: $34,945.64 Telecommunications Fund Fund Total: $34,945.64 GENERAL PACIFIC INC WATER SEWAGE TREATMENT EQ451-7188-594.65-10 1,623.28 US BANK CORPORATE PAYMENT SYSTEIAMI Negotiations-Bloor 451-7188-594.43-10 348.48 Dinner-Bloor, Fulton, McK 451-7188-594.43-10 80.87 AMI Nego.-McKeen, Bloor, 451-7188-594.43-10 13.90 AMI Nego.-McKeen, Bloor, 451-7188-594.43-10 126.69 AMI Nego.-McKeen, Bloor, 451-7188-594.43-10 30.00 AMI Nego.-McKeen, Bloor, 451-7188-594.43-10 29.90 Page 26 E - 37 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount US BANK CORPORATE PAYMENT SYSTEIAMI Nego.-McKeen, Bloor, 451-7188-594.43-10 348.48 Public Works-Electric Electric Projects Division Total: $2,601.60 Public Works-Electric Department Total: $2,601.60 Electric Utility CIP Fund Total: $2,601.60 GENERAL PACIFIC INC WATER SEWAGE TREATMENT EQ452-7388-594.65-10 811.65 SWCA ENVIRONMENTAL CONSULTANTS ENVIRONMENTAL&ECOLOGICAL 452-7388-594.41-50 1,982.44 ENVIRONMENTAL&ECOLOGICAL 452-7388-594.41-50 536.69 Public Works-Water Water Projects Division Total: $3,330.78 Public Works-Water Department Total: $3,330.78 Water Utility CIP Fund Total: $3,330.78 2 GRADE, LLC CONSTRUCTION SERVICES,HEA 453-7488-594.65-10 33,201.00 GENERAL PACIFIC INC WATER SEWAGE TREATMENT EQ453-7488-594.65-10 811.65 Public Works-WW/Storm% Wastewater Projects Division Total: $34,012.65 Public Works-WW/Stormwtr Department Total: $34,012.65 WasteWater Utility CIP Fund Total: $34,012.65 ANCHOR QEA, LLC CONSULTING SERVICES 454-7588-594.65-10 98,992.98 HERRERA ENVIRONMENTAL CONSULTAPENVIRONMENTAL&ECOLOGICAL 454-7588-594.65-10 926.25 MAGNUS PACIFIC CORPORATION PW CONSTRUCTION & RELATED 454-7588-594.65-10 791,014.64 Jason Paynter MEAL REIMBURSEMENTS 454-7588-594.65-10 61.00 Jay Divelbiss MEAL REIMBURSEMENT 454-7588-594.65-10 15.25 Rick Hartley MEAL REIMBURSEMENTS 454-7588-594.65-10 61.00 Tim Wright MEAL REIMBURSEMENT 454-7588-594.65-10 15.25 RADIA Inc. PS CHEST X-RAY 454-7588-594.65-10 91.20 Public Works-Solid Waste Solid Waste Coll Projects Division Total: $891,177.57 Public Works-Solid Waste Department Total: $891,177.57 Solid Waste Utility CIP Fund Total: $891,177.57 JORDAN EXCAVATING PW CONSTRUCTION & RELATED 456-7688-594.65-10 212,523.45 NORTHWESTERN TERRITORIES INC PW CONSTRUCTION & RELATED 456-7688-594.65-10 976.27 SWAIN'S GENERAL STORE INC SUPPLIES 456-7688-594.65-10 4.85 Public Works-Equip Svcs Stormwater Util CIP Projs Division Total: $213,504.57 Public Works-Equip Svcs Department Total: $213,504.57 Stormwtr Util Projects Fund Total: $213,504.57 RYAN,SWANSON&CLEVELAND, PLLC PHASE I CSO PROJECT 463-7489-594.65-10 855.00 SARGENT ENGINEERING, INC PW CONSTRUCTION & RELATED 463-7489-594.41-50 232.00 PW CONSTRUCTION & RELATED 463-7489-594.41-50 313.50 VANIR CONSTRUCTION MGMT, INC CONSULTING SERVICES 463-7489-594.41-50 24,667.35 Public Works-WW/Storm% CSO Capital Division Total: $26,067.85 Public Works-WW/Stormwtr Department Total: $26,067.85 CSO Capital Fund Fund Total: $26,067.85 ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,688.65 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 6,224.10 Page 27 E - 38 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,072.83 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 5,248.22 FASTENAL INDUSTRIAL AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 7.92 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 126.05 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 94.64 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 32.24 MASCO PETROLEUM, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 911.74 MATCO TOOLS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 62.44 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 40.63 MCMASTER-CARR SUPPLY CO AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 53.68 AUTO&TRUCK MAINT. ITEMS 501-0000-237.00-00 -4.16 AUTO&TRUCK MAINT. ITEMS 501-0000-237.00-00 -68.83 NAPA AUTO PARTS AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 40.09 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 77.24 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 27.49 BELTS AND BELTING 501-0000-141.40-00 18.86 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 89.97 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 85.47 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 6.43 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 6.43 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 15.15 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 70.11 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 80.94 O'REILLYAUTO PARTS BELTS AND BELTING 501-0000-141.40-00 36.29 BELTS AND BELTING 501-0000-141.40-00 36.29 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 13.95 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 18.02 HOSES,ALL KINDS 501-0000-141.40-00 47.82 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 71.22 PORT ANGELES TIRE FACTORY AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 168.88 SIX ROBBLEES'INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 37.72 SOLID WASTE SYSTEMS, INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 379.56 SPENCER FLUID POWER, INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 185.94 SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 18.11 THURMAN SUPPLY AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 18.77 US BANK CORPORATE PAYMENT SYSTEITruck ladder-McBride 501-0000-237.00-00 -19.47 Gauges-McBride 501-0000-237.00-00 -2.57 Adhesive Velcro-McBride 501-0000-237.00-00 -3.49 Toolbox shelf-McBride 501-0000-237.00-00 -5.01 Manual-McBride 501-0000-237.00-00 -8.09 Aluminum Fittings-McBride 501-0000-237.00-00 -3.86 VALLEY FREIGHTLINER INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 50.64 Page 28 E - 39 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount VALLEY FREIGHTLINER INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 70.99 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 -40.65 AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 104.68 WESTERN FLUID COMPONENTS HOSES,ALL KINDS 501-0000-141.40-00 136.78 Division Total: $23,320.85 Department Total: $23,320.85 ALLDATA RENTAL/LEASE EQUIPMENT 501-7630-548.48-02 119.24 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 105.38 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 55.51 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 82.83 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 105.38 ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 227.12 FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 340.79 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 501-7630-548.42-12 33.48 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 501-7630-548.42-10 1.47 12-05 A/C 3604529882811 B 501-7630-548.42-10 0.85 12-05 A/C 3604523877817B 501-7630-548.42-10 0.87 12-05 A/C 3604529887652B 501-7630-548.42-10 0.87 12-05 A/C 3604525834211 B 501-7630-548.42-10 0.96 CONSOLIDATED TECH SERVICES Scan Bill 501-7630-548.42-10 7.05 H&R PARTS&EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 21.07 HEARTLINE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 124.61 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 16.21 HUGHES FIRE EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 404.94 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 513.63 HYDRAULIC CERTIFICATION TRNG AUTO SHOP EQUIPMENT&SUP 501-7630-548.43-10 695.00 J B'S UPHOLSTERY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 65.04 EXTERNAL LABOR SERVICES 501-7630-548.34-02 341.46 LES SCHWAB TIRE CENTER AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 33.60 EXTERNAL LABOR SERVICES 501-7630-548.34-02 52.03 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2,115.74 EXTERNAL LABOR SERVICES 501-7630-548.34-02 144.16 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 1,288.26 EXTERNAL LABOR SERVICES 501-7630-548.34-02 -40.10 LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 501-7630-548.34-02 70.46 METALS,BARS,PLATES,RODS 501-7630-548.34-02 65.04 MATCO TOOLS AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 867.18 AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 2,692.49 MCMASTER-CARR SUPPLY CO AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 888.18 MT PLEASANT AUTO BODY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 383.57 EXTERNAL LABOR SERVICES 501-7630-548.34-02 607.04 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 16.67 Page 29 E - 40 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 11.28 BELTS AND BELTING 501-7630-548.34-02 24.06 BELTS AND BELTING 501-7630-548.34-02 14.17 OWEN EQUIPMENT AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 975.60 PACIFIC POWER GROUP EXTERNAL LABOR SERVICES 501-7630-548.34-02 1,658.52 PAPE'MATERIAL HANDLING AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 54.35 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 53.01 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 109.10 PENINSULA TOWING EXTERNAL LABOR SERVICES 501-7630-548.34-02 385.90 PORT ANGELES TIRE FACTORY EXTERNAL LABOR SERVICES 501-7630-548.34-02 58.56 EXTERNAL LABOR SERVICES 501-7630-548.34-02 104.49 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 77.17 EXTERNAL LABOR SERVICES 501-7630-548.34-02 104.49 EXTERNAL LABOR SERVICES 501-7630-548.34-02 20.54 EXTERNAL LABOR SERVICES 501-7630-548.34-02 29.27 EXTERNAL LABOR SERVICES 501-7630-548.34-02 77.17 EXTERNAL LABOR SERVICES 501-7630-548.34-02 26.02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 3.25 EXTERNAL LABOR SERVICES 501-7630-548.34-02 77.17 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 248.64 EXTERNAL LABOR SERVICES 501-7630-548.34-02 222.17 EXTERNAL LABOR SERVICES 501-7630-548.34-02 77.17 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 13.37 EXTERNAL LABOR SERVICES 501-7630-548.34-02 37.88 EXTERNAL LABOR SERVICES 501-7630-548.34-02 77.17 EXTERNAL LABOR SERVICES 501-7630-548.34-02 20.54 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 142.28 QUALITY 4X4 TRUCK SUPPLY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2.93 RUDY'S AUTOMOTIVE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 374.70 EXTERNAL LABOR SERVICES 501-7630-548.34-02 195.29 SHARP ELECTRONICS CORP RENTAL/LEASE EQUIPMENT 501-7630-548.45-31 90.29 SIX ROBBLEES'INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 46.04 SNAP-ON TOOLS-CHUGGER DEANE AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 51.87 SOLID WASTE SYSTEMS, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2,625.99 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2,809.29 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 121.83 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 1,079.36 SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 33.21 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 10.80 GASES CONT.EQUIP:LAB,WELD 501-7630-548.45-30 61.71 SYSTEMS FOR PUBLIC SAFETY, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 80.54 EXTERNAL LABOR SERVICES 501-7630-548.34-02 108.40 Page 30 E - 41 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount SYSTEMS FOR PUBLIC SAFETY, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 432.46 EXTERNAL LABOR SERVICES 501-7630-548.34-02 195.12 TACOMA DODGE CHRYSLER JEEP AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 28.38 US BANK CORPORATE PAYMENT SYSTEI Gauges-McBride 501-7630-548.31-01 33.07 Adhesive Velcro-McBride 501-7630-548.31-01 44.99 Aluminum Fittings-McBride 501-7630-548.34-02 49.81 Recertification-Benoff 501-7630-548.43-10 139.00 Manual-McBride 501-7630-548.49-01 104.34 Truck ladder-McBride 501-7630-594.64-10 251.21 Toolbox shelf-McBride 501-7630-594.64-10 64.65 VALLEY FREIGHTLINER INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 275.35 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 84.08 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 39.89 VERIZON WIRELESS 11-22 a/c 571136182-00003 501-7630-548.42-10 25.33 WESTERN STEEL METALS,BARS,PLATES,RODS 501-7630-548.34-02 588.08 Public Works-Equip Svcs Equipment Services Division Total: $27,199.43 Public Works-Equip Svcs Department Total: $27,199.43 Equipment Services Fund Total: $50,520.28 EXECUTIME SOFTWARE DATA PROC SERV&SOFTWARE 502-0000-237.00-00 -420.00 US BANK CORPORATE PAYMENT SYSTEIPlatform Cart-Matthews 502-0000-237.00-00 -30.24 Division Total: -$450.24 Department Total: -$450.24 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 502-2081-518.42-12 300.00 CENTURYLINK-QWEST 12-05 A/C 3604523712585B 502-2081-518.42-10 1.90 12-05 A/C 3604529882811 B 502-2081-518.42-10 1.09 12-05 A/C 3604523877817B 502-2081-518.42-10 0.78 12-05 A/C 3604529887652B 502-2081-518.42-10 1.12 12-05 A/C 3604525834211 B 502-2081-518.42-10 1.24 CONSOLIDATED TECH SERVICES Scan Bill 502-2081-518.42-10 3.52 DELL MARKETING LP COMPUTER HARDWARE&PERI PHI 502-2081-518.31-60 3,718.69 DUNN, RICKY DATA PROC SERV&SOFTWARE 502-2081-518.41-50 1,789.99 EXECUTIME SOFTWARE DATA PROC SERV&SOFTWARE 502-2081-518.48-02 5,420.00 INSIGHT PUBLIC SECTOR COMPUTER HARDWARE&PERI PHI 502-2081-518.31-60 134.41 OLYMPIC STATIONERS INC SUPPLIES 502-2081-518.31-01 18.88 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 502-2081-518.31-01 4.86 FURNITURE, OFFICE 502-2081-518.31-01 730.62 US BANK CORPORATE PAYMENT SYSTEI Platform Cart-Matthews 502-2081-518.31-01 390.23 Wrench-Harper 502-2081-518.35-01 14.63 Finance Department Information Technologies Division Total: $12,531.96 COMPUCOM SYSTEMS, INC COMPUTERS,DP&WORD PROC. 502-2082-594.65-10 70,644.68 DATA PROC SERV&SOFTWARE 502-2082-594.65-10 3,043.96 COMPUTERS,DP&WORD PROC. 502-2082-594.65-10 64,187.39 Page 31 E - 42 a � Id^^ Date: 12/29/2014 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 121612014 To: 1212612014 Vendor Description Account Number Invoice Amount COMPUCOM SYSTEMS, INC DATA PROC SERV&SOFTWARE 502-2082-594.65-10 3,881.65 LINDBERG&SMITH ARCHITECTS INC BUILDING MAINT&REPAIR SER 502-2082-594.65-10 7,118.08 Finance Department IT Capital Projects Division Total: $148,875.76 Finance Department Department Total: $161,407.72 Information Technology Fund Total: $160,957.48 WA STATE PATROL BG CHECK FOR PARK&REC E 503-1661-517.41-50 10.00 Self Insurance Worker's Compensation Division Total: $10.00 TERI MICHALSCHECK INHOUSE LIABILITY CLAIM 503-1671-517.49-98 591.75 SUMMIT LAW GROUP PLLC EMAIL WITH FIRE CHIEF RE 503-1671-517.41-50 90.00 WCIA(WA CITIES INS AUTHORITY) LEGAL CLAIMS 503-1671-517.41-50 12,183.61 LEGAL CLAIMS 503-1671-517.41-50 14,987.57 OTHER CLAIMS 503-1671-517.49-98 2,000.00 Self Insurance Comp Liability Division Total: $29,852.93 Self Insurance Department Total: $29,862.93 Self-Insurance Fund Fund Total: $29,862.93 OLYMPIC COMMUNITY ACTION PRGMS PASS THE BUCK DISTRIBUTIO 657-0000-239.91-00 2,800.00 Division Total: $2,800.00 Department Total: $2,800.00 Util Vol Contrib Program Fund Total: $2,800.00 AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 294.00 BROWN&BROWN OF WASHINGTON PAYROLL SUMMARY 920-0000-231.53-40 1,362.20 CHAPTER 13 TRUSTEE Case#14-14948 920-0000-231.56-90 794.00 FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 1,896.09 GUARANTEED EDUCATION TUITION PAYROLL SUMMARY 920-0000-231.56-95 263.50 IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 1,487.26 LEOFF P/R Deductions pe 12-07 920-0000-231.51-21 25,155.75 OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 12-07 920-0000-231.56-20 647.01 P/R Deductions pe 12-07 920-0000-231.56-20 169.85 PERS P/R Deductions pe 12-07 920-0000-231.51-10 1,622.48 P/R Deductions pe 12-07 920-0000-231.51-11 13,680.71 P/R Deductions pe 12-07 920-0000-231.51-12 48,330.74 POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 436.00 UNITED WAY(PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 429.00 WSCCCE AFSCME AFL-CIO PAYROLL SUMMARY 920-0000-231.54-40 4,480.62 Division Total: $101,049.21 Department Total: $101,049.21 Payroll Clearing Fund Total: $101,049.21 Totals for check period From: 12/6/2014 To: 12/26/2014 $4,334,188.25 Page 32 E - 43 'ORT . NGELES A, UIu'DJJIII//l9✓N, Ui'",` W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: January 6, 2015 To: CITY COUNCIL FROM: Craig Fulton, P.E., Director of Public Works &Utilities SUBJECT: Equipment Purchase: 2 Streaming Current Monitors Summary: December 10, 2014, a single bid was received and opened for the purchase of two streaming current monitors (SCM)in order to optimize the coagulation process at the Water Treatment Plant. The bid was from Hach Company in the amount of$30,335.01, including applicable taxes. Recommendation: Award and authorize the City Manager to sign a contract to purchase two Streaming Current Monitors in the amount of$30,335.01, and to make minor modifications to the contract,if necessary. Background/Analysis: The Washington State Department of Health (DOH) performed a Comprehensive Performance Evaluation (CPE) of the City's Water Treatment Plant on September 3-5, 2014. The CPE of the plant was conducted as part of DOH's technical assistance program to identify factors that may limit plant performance. DOH sets forth a goal for all surface water treatment plants to produce filtered water with a turbidity of less than 0.10 nephelometric turbidity units (NTU) from each individual filter's effluent as opposed to the current regulatory requirement of less than 0.30 NTU in the combined filter effluent. Research has shown, reducing the turbidity of filtered surface water to less than 0.10 NTU eliminates nearly 100 percent of cysts that can cause waterborne diseases such as giardia lambia and cryptosporidium. The CPE revealed the plant would benefit by implementing SCM's to provide information on raw water quality conditions and changes. The SCM's are an important tool in optimizing the coagulation process. In addition, the SCM's can help reduce costs by being able to provide more accurate levels of the application of chemical dosages. In particular, the SCM's will allow Plant Operators to quickly adjust to dynamic water conditions by adjusting coagulant dosages which will reduce the risk of chemical overdosing. Additionally, the SCM's will identify occasions when high levels of poly- aluminum chloride (PAC) occurs at the lower Elwha pre-treatment plant, as well as changing environmental conditions of the Elwha River. Overall, the implementation of the SCM's will provide the plant the ability to reach the 0.10 NTU goal, while also enhancing the effectiveness of the water treatment process and thereby improving water quality. Bids were opened on December 10, 2014. The City received one bid, from Hach Company, in the amount of$30,335.01, including applicable taxes. Funding for this new requirement was anticipated to E - 44 January 6,2015 City Council Re: Equipment Purchase: 2 Streaming Current Monitors Page 2 be transferred for a capital equipment procurement from the 2014 Water Fund Budget, object 402- 7380-534.48-10. It is noted that the Water Fund Budget in object 402-7380-534.48-10 is projected to have a final surplus of$65,400 at the end of 2014. Funds in the amount of this purchase will be requested to be added to 402-7380-534.64-10 in the 1st quarter 2015 budget amendment due to awarding the contract in 2015. It is recommended that Council award and authorize the City Manager to sign a contract to purchase two Streaming Current Monitors in the amount of$30,335.01, and to make minor modifications to the contract, if necessary. E - 45 pnun' Zbersme8g�mmz To' Mike Pu Linda Gunderson Subject' Fm: Streaming Current Monitor Need Financial sheet Date: Wednesday,December 3z'zoz* zo:zo:zoAM Mike, With further review Finance has validated the 4810 account had an unused budget of over S65400 in 2014. These funds were anticipated tabe used ta cover the cost af the Monitor purchases, but due to year-end the products were not delivered in time. The amount will be an additional to expenses in 2015 and Finance concurs these funds are available from the 2014 budget line 4810. / Senior Accountant City of Port Angeles PO Box ll50 Port Angeles VVA 98362 360'4l7'46l5 direct line 360'417'4609 From: Therese Agesson Sent: Tuesday, December 30, 20144:08PM To: Mike Puntenney; James Burke Cc: Byron Olson Subject: RE: Streaming Current Monitor Need Financial Sheet Financial analysis isasfollows: These monitors were not specifically called out in the maintenance budget for the Water division. Research into the 2O1G Budget included checking: Chemicals (3105) Operating Supplies (312O) Maintenance (4810) Professional Services (41GO) Capital purchases (641O) |t has been indicated these would be charged ta481O— Maintenance— but the purchase indicates these are monitors tabe installed. Since they have a physical presence and are over $7GOO in value these should be capitalized. The amounts will need to amend the current 2015 budget ta cover the $30,335.01 amount from other operating fund budget lines. / Senior Accountant City of Port Angeles PO Box ll50 Port Angeles VVA 98362 360'4l7'46l5 direct line 360'417'4609 E . 46 E'S OR,T NGE DATE: January 6, 20|5 To: CITY COUNCIL FROM: Nathan A.West, Director Community and Economic Development Craig Fulton, 9.E` Director of Public Works 8iUtilities SUBJECT: Waterfront Development Project—Phowe3A(|0eoch) TR03-3003,FiooUAccepbmoce Summary: Bruch&Bruch has completed the construction of the Waterfront Development Project - Beach. The work has been inspected and accepted as complete, and Bruch&Bruch has been paid a final payment in the amount of$3,750.06 for a total project amount of$1,069,627.81. A 5% retainage bond has been held for the project. Recommendation: Accept the Waterfront Development Beach construction project, and authorize release of the retainage bond upon receipt of the required clearances. Background/Analysis: E|ruob8iE|ruobwas awarded the contract in the amount of$|,0||,325.39,with construction commencing on June 23, 20|4. The work has been inspected and accepted oo complete, and Bruch &Bruch has been paid a final payment in the amount of$3,750.06 for a total project omoontof S|,069,627.8|, including applicable taxes. The original contract amount was $|,0||,325.39. The final contract amount, adjusted for quantity variance and obongo orders was $1,069,627.81. The following table is o summary of project oonoboodon000to: Contract Bid& Change Unit Quantity Final Cost Project Cost Alternate Orders (4) Variations Variance Amount There were 4 obongo orders to the oonbooL All change orders where within the City Manager's approval authority. The City Council authorized the project nddhon8% oondugonoyforobongoo,xhiobrooubodino total budget ofS|,092,23|42. It is recommended that Council accept the Waterfront Development Beach construction project, ond ooUhodzo rol0000 of the rotoinogo bond upon receipt of the required olooron000. N:\CCOUNCIL\FINAL\WTIP Beach Construction Contract-Final Acceptance.docx E . 47 ORT NGELES , ITY COUNCIL MEMO DATE: JANUARY 6,2015 To: CITY COUNCIL FROM: BYRONOL9ON,CHIEF FINANCIAL OFFICER TRINA NEVARIL,CITY TREASURER SUBJECT: %#15 ELECTRIC REVENUE REFUNDING BOND BONDS Summary: The ordinance before you provides for the issuance of new refunding bonds for the 2005 Electric Revenue and Refunding Bonds plus the 2011 Electric Revenue Refunding Bond; setting the forms,terms and covenants of the bonds; appointment of an escrow agent and delegating certain authority to approve the final terms of the bonds. The net present value savings for this transaction is approximately $186,877 or 5.78%. Recommendation: We recommend that Council: 1. Conduct a first reading of the Ordinance; 2. Suspend the Council's rules and waive second reading of the ordinance; and 3. Adopt the ordinance as proposed. The City has been working with our Financial Advisor, A. []oohcn &s Associates,to continuously review all of our existing debt for potential savings. Currently vvc have on opportunity to refund the 2OO5 Electric Revenue and Refunding Bonds plus the 2O|| Electric Revenue Refunding Bond to produce a total net present value savings of approximately $186,877 to our electric utility rate payers. Shortly after appointment by Council in April,vvc began to meet with Alan[]oohcn and Scott Bauer to review all of our debt and to ohrotcgizc on opportunities the City may have to generate debt service savings 000 result of the very low interest rate market. Our Bond Refinance Team is composed of the following individuals • City of Port Angeles: • Byron W. Olson, Chief Financial Officer • TdnoNevodl` City Treasurer • Heidi Greenwood, Sr. Assistant City Attorney • Financial Advisor(A. []oohcn &sA000ciotco): H ~ I • Alan Dashen • Scott Bauer • Bond Counsel (Pacifica Law Group): • Deanna Gregory • Stacey Crawshaw-Lewis • Underwriter(Piper Jaffray): • Lindsay Sovde • Justin Mon Wai • Marc Greenough(underwriter's counsel from Foster Pepper) This bond refunding will be considered a"current"refunding --the call date is a specified date in the original bond ordinance that provides that the City can "call"the bonds prior to their maturity after a specified date. The call provision allows the City to take advantage of lower interest rates similar to a homeowner refinancing their mortgage at a lower interest rate. We are proposing to issue Electric Revenue Refunding Bonds with the proceeds as follows,based on current interest rates as of December 22, 2014: Bond Proceeds: • Par amount 3,095,000.00 • Premium 236.228.85 3,331,228.85 Contribution from Bond Fund: • Existing Reserve Account Balance: 0 2005 Bonds 304,693.24 0 2011 Bonds 202,309.76 o Sub-Total 507,003.00 • City Contribution to Reserve Account: 0 2005 Bonds 76,891.82 0 2011 Bonds 51,054.52 o Sub-Total 127,946.34 • Accrued Interest for 03/01/15 Payment 39.491.25 Total Proceeds&Contribution $4,005,669.44 The City will be purchasing State& Local Government Securities (SLGS) from the U.S. Treasury to be held in trust and will fund the debt service payments of the refunded bonds. H - 2 The use of the proceeds and contributions are estimated as follows: Refunding Escrow Deposits: • Cash Deposit: 0 2005 Bonds 0.63 0 2011 Bonds 1,289,922.38 o Total 1,289,923.01 • SLGS Purchases 2.000.807.00 3,290,730.01 Other Fund Deposits: • Reserve Account: 0 2005 Bonds 381,585.06 0 2011 Bonds 253,364.28 o Sub-Total 634,949.34 Delivery Date Expenses: • Cost of Issuance: 0 2005 Bonds 30,048.47 0 2011 Bonds 19.951.53 o Sub-Total 50,000.00 • Underwriter's Discount: 0 2005 Bonds 14,880.00 0 2011 Bonds 9.880.00 o Sub-Total 24,760.00 Other Uses of Funds: • Additional Proceeds: 0 2005 Bonds 1,115.25 0 2011 Bonds 4.114.84 o Sub-Total 5,230.09 Total Uses: $4,005,669.44 The estimated True Interest Cost (TIC) of the proposed transaction is 2.339824%. True interest cost is the rate that discounts all future cash payments so the sum of the present value of all cash flows equals the bond proceeds. The average coupon of the debt to be refunded is 3.801610% These bonds,like all of our utility revenue bonds have a revenue pledge from the Net Revenue of Electric utility. Net Revenue is defined as Gross Revenue less costs of Maintenance and Operations plus an amount necessary to maintain the reserve fund to enable the City to continuously meet the Costs of Maintenance and Operations on a current basis. In addition,the City is obligated to ensure that Net Revenue will be equal to at least 1.25 times the Annual Debt Service for year—this means that Net Revenues must exceed the annual debt service by at least 25%more than the current year debt service. This calculation will have to be factored into the setting of future rates for the Electric utility. In Section 14.1 of the Ordinance,the City designates that the bonds will be sold at a negotiated sale with Piper Jaffray. This section also provides that the City designates that the Chief Financial Officer has the authority to finalize the sale of the bonds so long as: (1) The aggregate principal amount of the Bonds does not exceed $3,400,000.00; H - 3 (2) The final maturity date for the Bonds is not later than September 1, 2025; (3) The Bonds are sold in the aggregate at a price not less than 98% of the aggregate stated principal amount of the Bonds; (4) The Bonds are sold for a price that results in a minimum net present value debt service savings over the Refunded Bonds of at least 3.00%; and (5) The TIC for the Bonds does not exceed 3.00%. Similar to Council action for the sale of the 2013 Water& Wastewater Revenue Refunding Bonds and the recent 2014 Solid Waste Revenue Bonds and the 2014 Limited Tax General Obligation (LTGO) Bonds, Section 14.1 of the Ordinance also provides that the Chief Financial Officer the authority to approve the: • Call Date(s) for the Refunded Bonds; and • Final interest rates, aggregate principal amount and principal amounts of each maturity of the Bonds and redemption rights for the Bonds. The preliminary Official Statement is similar in many respects to a prospectus for a stock sale. The bond market has retreated over the last few weeks and that has decreased the amount of savings that the City would receive from the refinancing. We fully expect that the market will make a variety of moves,both positive and negative, from now until we actually sell the bonds. When that happens, our savings will vary from the current projections and may increase or decrease. In no event will we proceed with the transaction if the net present value savings falls below the 3.00% threshold that Council will impose with the adoption of this Ordinance. If the bonds are not sold and a bond purchase agreement is not signed before 120 days after the Ordinance is adopted,we will need additional Council approval to proceed with the refunding. We will be seeking a bond rating from Moody's Investor Services and should receive the rating no later than January 6th. The bond sale is currently scheduled for January 15th with final closing on the bond transaction set for February 5th. At the meeting on January 6th we will have Scott Bauer from A. Dashen & Associates (our Financial Advisor)present to help answer any questions Council. In addition, Deanna Gregory (bond Counsel from Pacifica Law Group)will be available to answer questions. Deanna drafted the Ordinance and prepared the preliminary official statement. If you have any questions,please contact me so that I can get you the appropriate answer as quickly as possible. H - 4 CITY OF PORT ANGELES, WASHINGTON ELECTRIC REVENUE REFUNDING BONDS, SERIES 2015 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF ELECTRIC SYSTEM REVENUE REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,400,000, TO FINANCE COSTS RELATED TO REFUNDING CERTAIN ELECTRIC SYSTEM REVENUE BONDS OF THE CITY AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AUTHORIZING THE APPOINTMENT OF A REFUNDING TRUSTEE AND EXECUTION OF AN ESCROW AGREEMENT; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED JANUARY 6, 2015 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington H - 5 TABLE OF CONTENTS* Page ARTICLE I DEFINITIONS .................................................................................................. 2 SectionI.I. Definitions................................................................................................................2 Section1.2. Interpretation............................................................................................................9 ARTICLE II FINDINGS AND DETERMINATIONS....................................................... 10 Section 2.1. Parity Conditions ...................................................................................................10 Section2.2. Due Regard............................................................................................................10 ARTICLE III AUTHORIZATION AND ISSUANCE OF BONDS................................... 10 Section 3.1. Authorization of Bonds..........................................................................................10 Section 3.2. Registration, Exchange and Payments...................................................................11 Section 3.3. Redemption of Bonds ............................................................................................13 Section 3.4. Selection of Bonds for Redemption.......................................................................14 Section 3.5. Notice of Redemption............................................................................................14 Section3.6. Purchase of Bonds..................................................................................................15 ARTICLE IV ISSUANCE OF ADDITIONAL BONDS.................................................... 16 Section 4.1. Authorization of Series of Additional Bonds.........................................................16 Section 4.2. Additional Bonds ...................................................................................................16 ARTICLE V RESERVED................................................................................................... 19 ARTICLE VI CREATION OF SPECIAL FUNDS AND ACCOUNTS AND PAYMENTS THEREFROM................................................................................................. 19 Section6.1. Electric Fund..........................................................................................................19 Section6.2. Bond Account........................................................................................................22 Section 6.3. Investment of Funds...............................................................................................26 ARTICLE VII USE OF BOND PROCEEDS ..................................................................... 26 Section 7.1. Refunding Account................................................................................................26 ARTICLE VIII FORM OF BONDS....................................................................................28 Section8.1. Form of Bonds .......................................................................................................28 Section 8.2. Execution of Bonds................................................................................................30 ARTICLE IX COVENANTS TO SECURE PARITY BONDS ......................................... 30 Section 9.1. Security for Parity Bonds.......................................................................................30 Section 9.2. Rate Covenant- General........................................................................................31 Section 9.3. Rate Covenant- Debt Service Coverage ...............................................................31 Section 9.4. Restrictions on Contracting of Obligations Secured by Revenues........................32 Section 9.5. Covenant to Maintain System in Good Condition.................................................32 * This Table of Contents is provided for convenience only and is not a part of this ordinance. H - 6 Section 9.6. Covenants Concerning Disposal of Properties of System .....................................33 Section9.7. Insurance................................................................................................................33 Section9.8. Books of Account ..................................................................................................34 Section 9.9. Covenant Not to Render Service Free of Charge...................................................34 Section 9.10. Covenant to Make Only Economically Sound Improvements ..............................34 Section 9.11. Covenant to Pay Bond Principal and Interest Punctually......................................35 Section 9.12. Covenant to Pay Taxes, Assessments and Other Claims.......................................35 Section 9.13. Covenant Regarding Management.........................................................................35 Section 9.14. Further Assurances.................................................................................................35 Section9.15. Tax Exemption.......................................................................................................35 ARTICLE X SUPPLEMENTAL AND AMENDATORY ORDINANCES ...................... 37 Section 10.1. Amendments Without Consent of Owners ............................................................37 Section 10.2. Amendments With Consent of Owners .................................................................38 ARTICLE XI DEFAULTS AND REMEDIES ................................................................... 38 Section 11.1. Events of Default...................................................................................................38 Section 11.2. Waivers of Default.................................................................................................39 Section 11.3. Bondowners' Trustee.............................................................................................39 Section 11.4. Suits at Law or in Equity .......................................................................................40 Section 11.5. Books of City Open to Inspection..........................................................................40 Section 11.6. Payment of Funds to Bondowners' Trustee...........................................................40 Section 11.7. Application of Funds by Bondowners' Trustee.....................................................40 Section 11.8. Relinquishment of Funds Upon Remedy of Default..............................................41 Section 11.9. Suits by Individual Owners....................................................................................41 Section 11.10. Remedies Granted in Parity Bond Ordinances not Exclusive ...............................42 ARTICLE XII AMENDMENTS WITH THE CONSENT OF OWNERS......................... 42 Section12.1. Amendments ..........................................................................................................42 Section 12.2. Notice to Bond Owners..........................................................................................42 Section 12.3. Proxies; Proof of Ownership of Bonds..................................................................43 Section 12.4. Execution of Instruments.......................................................................................43 Section 12.5. Appointment of Officers........................................................................................44 Section 12.6. Quorum at Meetings ..............................................................................................44 Section 12.7. Vote Required to Amend Parity Bond Ordinances................................................44 Section 12.8. Obtaining Approval of Amendments.....................................................................44 Section 12.9. Alternate Method of Obtaining Approval of Amendments...................................45 Section 12.10. Amendment of Parity Bond Ordinances In Any Respect by Approval of AllBond Owners ...................................................................................................46 Section12.11. Bonds Owned by City............................................................................................46 Section 12.12. Endorsement of Amendment on Bonds .................................................................46 Section12.13. Amendments ..........................................................................................................46 ARTICLE XIII DEFEASANCE..........................................................................................47 Section13.1. Defeasance.............................................................................................................47 H - 7 ARTICLE XIV SALE OF THE BONDS............................................................................ 47 Section14.1. Bond Sale...............................................................................................................47 Section 14.2. Delivery of Bonds; Documentation.......................................................................48 Section 14.2. Preliminary and Final Official Statements.............................................................48 ARTICLE XV UNDERTAKING TO PROVIDE ONGOING DISCLOSURE.................. 48 Section 15.1. Undertaking to Provide Ongoing Disclosure.........................................................48 ARTICLE XVI MISCELLANEOUS.................................................................................. 51 Section 16.1. Ordinance a Contract .............................................................................................51 Section 16.2. Benefits of Ordinance Limited to City, Bond Owners, and Bond Registrar.........51 Section 16.3. Lost, Stolen, Destroyed or Mutilated Bonds..........................................................51 Section16.4. Severability............................................................................................................52 Section16.5. Prior Acts ...............................................................................................................52 Section 16.6. Effective Date of Ordinance ..................................................................................52 H - 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF ELECTRIC SYSTEM REVENUE REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,400,000, TO FINANCE COSTS RELATED TO REFUNDING CERTAIN ELECTRIC SYSTEM REVENUE BONDS OF THE CITY AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AUTHORIZING THE APPOINTMENT OF A REFUNDING TRUSTEE AND EXECUTION OF AN ESCROW AGREEMENT; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. WHEREAS, the City of Port Angeles, Washington, a municipal corporation of the State of Washington (the "City"), owns, operates and maintains an electric utility system (the "Electric System"); and WHEREAS, the City has issued and has outstanding the following Electric System revenue bonds: Principal Amount Authorizing Outstanding as of Designation Ordinance Date of Bonds November 1, 2014 Electric Revenue and Refunding Bonds, Series 2005 Ordinance (the "2005 Bonds") No. 3186 February 15, 2005 $ 1,960,000.00 Electric Revenue Bonds, Series 2010 Ordinance (the "2010 Bonds") No. 3406 August 17, 2010 4,520,000.00 Electric Revenue Refunding Bond, Ordinance Series 2011 (the "2011 Bond") No. 3434 September 7, 2011 1,270,772.54 (collectively, the "Outstanding Parity Bonds"); and WHEREAS, the ordinances authorizing the issuance of the Outstanding Parity Bonds provide that additional Electric System revenue bonds may be issued with a lien on the operating revenue of the Electric System on a parity with the lien of such bonds if certain conditions are met; and WHEREAS, Ordinance No. 3186 provides that the City may call the 2005 Bonds maturing on and after September 1, 2015 for redemption on and after September 1, 2014, in H - 9 whole or in part at any time, at the price of par plus accrued interest, if any, to the date of redemption; and WHEREAS, Ordinance No. 3434 provides that the City may prepay the 2011 Bond in whole or in part at any time, at the price of par plus accrued interest, if any, to the date of prepayment; and WHEREAS, the City Council (the "Council") has determined that debt service savings will be achieved by the issuance of electric system revenue refunding bonds (the "Bonds")in the aggregate principal amount of not to exceed $3,400,000 to refund the 2005 Bonds and the 2011 Bond (together, the"Refunded Bonds") and to pay the costs of issuance for the Bonds; and WHEREAS, the Council wishes to delegate authority to the Chief Financial Officer (the "Designated Representative"), for a limited time, to approve the call date(s) for the Refunded Bonds and the interest rates, maturity dates, redemption terms and principal maturities for the Bonds within the parameters set by this ordinance; and WHEREAS, the City expects to receive a proposal from Piper Jaffray & Co. (the "Underwriter") and now desires to issue and sell the Bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DOES ORDAIN, as follows: ARTICLE I DEFINITIONS Section 1.1. Definitions. As used in this ordinance the following words and phrases have the following meanings: "Acquired Obligations" means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of the Refunded Bonds. "Additional Bonds" mean any additional bonds, the lien and charge on Revenues for the payment of the principal of and interest on which will be equal to the lien and charge thereon for the payment of principal of and interest on the Outstanding Parity Bonds and the Bonds. "Adjusted Net Revenues" means Net Revenues as calculated pursuant to Section 4.2(g) of this ordinance. "Annual Debt Service" for any Fiscal Year means the sum of: (a) the interest due in such Fiscal Year on all outstanding Parity Bonds, excluding interest to be paid from the proceeds of Parity Bonds, (b) the principal of all outstanding Serial Bonds due in such Fiscal Year, and H - 10 (c) the Sinking Fund Requirement, if any, for such Fiscal Year (calculated as of the Sinking Fund Requirement Date for such Fiscal Year). If the interest rate on any such Parity Bonds is other than a fixed rate, the rate applicable at the time of computation shall be calculated as provided in Section 4.20) of this ordinance. "Annual Debt Service" for any Fiscal Year shall be calculated net of the amount of any Debt Service Offsets received in such Fiscal Year. "Average Annual Debt Service" means the amount determined by dividing (a) the sum of all interest and principal to be paid on outstanding Parity Bonds from the date of determination to the last maturity date of such Parity Bonds, by (b) the number of Fiscal Years from and including the Fiscal Year in which the determination is made to the last Fiscal Year in which any of such Parity Bonds will be outstanding. If the interest rate on any such Parity Bonds is other than a fixed rate, the rate applicable at the time of computation shall be calculated as provided in Section 4.20) of this ordinance. "Average Annual Debt Service" for any Fiscal Year shall exclude any Debt Service Offsets. "Bond Account" means the Electric System Revenue Bond Fund established to secure payment of all Parity Bonds. "Bond Purchase Contract" means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 14.1 of this ordinance. "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of registration of the Bonds. "Bond Registrar" or "Registrar" means, initially, the fiscal agency of the State of Washington, whose duties include registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds, and paying the principal of, premium, if any, and interest on the Bonds. "Bond Year" means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no day is selected by the City before the earlier of the final maturity date of the Bonds or the date that is five years after the date of issuance of the Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of the Bonds. "Bondowners' Trustee" means any bank or trust company organized under the laws of any state of the United States or any national banking association hereafter appointed as trustee pursuant to Section 11.3 of this ordinance. "Bonds" means the City's Electric Revenue Refunding Bonds, Series 2015, issued pursuant to this ordinance. "Call Date" means the date or dates selected by the Designated Representative pursuant to Section 14.1 of this ordinance for the redemption and/or prepayment of each series of Refunded Bonds, and set forth in the Escrow Agreement for redemption of the Refunded Bonds. H - 11 "Chief Financial Officer" means the duly appointed and acting Chief Financial Officer of the City or the successor to the duties of that office. "City" means the City of Port Angeles, Washington, a municipal corporation duly organized and existing under the laws of the State of Washington. "Code" means the federal Internal Revenue Code of 1986, as amended, and applicable regulations. "Commission"means the United States Securities and Exchange Commission. "Contingency and Replacement Account" means the account of that name established in the Electric Fund. "Contract Resource Obligation" means an obligation of the Electric System to pay the following costs, whether or not Power and Services are available to the Electric System in return for such payment: (a) costs associated with generation, transmission or distribution facilities (including any common undivided interest therein) hereafter acquired, purchased or constructed by the City and declared by the Council to be a separate utility system, which such costs shall include but are not limited to costs of normal operation and maintenance, renewals and replacements, additions and betterments and debt service on the bonds or other obligations of such separate electric utility system, or (b) costs associated with the purchase of Power and Services under a contract. "Council" means the Port Angeles City Council, as the general legislative body of the City, as the same is duly and regularly constituted from time to time. "Debt Service Offsets" mean receipts of the City that are not included in Revenues and that are legally available to pay debt service on Parity Bonds, including without limitation federal interest subsidy payments, designated as such by the City. "Designated Representative"means the Chief Financial Officer or his or her designee. "Distribution and Transmission Facilities" means the electric utility properties and assets, real and personal, tangible and intangible, now owned and operated by the City and used or useful in the transmission, distribution or sale of electric current or electric service, and business incidental thereto, and any additions, improvements and betterments thereto and extensions thereof hereafter constructed or acquired. Distribution and Transmission Facilities shall not include Generating Facilities. "DTC" means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as initial depository for the Bonds or any successor substitute depository for the Bonds. H - 12 "Electric Fund" means the special fund created in the office of the Chief Financial Officer pursuant to Ordinance No. 374 and continued pursuant to Section 6.1 of this ordinance. "Electric System" means the Distribution and Transmission Facilities and any Generating Facilities now owned and hereafter acquired, but such Electric System shall not include any property and facilities as may hereafter be acquired or constructed and established as a separate utility system not financed from the Revenues except on a basis junior and inferior to the lien on Revenues pledged to pay and secure the Parity Bonds, the revenue of which separate utility system may be pledged to the payment of revenue obligations issued to purchase, construct, condemn or otherwise acquire such separate utility system (except as a Contract Resource Obligation (i)included in Operating Expenses of the Electric System upon compliance with Section 6.1(d) of this ordinance, or (ii) on a basis junior and inferior to the lien on Revenues pledged to secure the Parity Bonds). "Escrow Agreement" means the Escrow Deposit Agreement between the City and the Refunding Trustee to be dated as of the date of closing of the Bonds. "Event of Default"has the meaning assigned that term in Section 11.1. "Fiscal Year" means the fiscal year used by the City at any time. At the time of the passage of this ordinance, the Fiscal Year is the twelve-month period beginning January 1 of each year and ending December 31 of each year. "Fitch" means Fitch, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, and its successors and assigns. "General Account"means the account of that name established in the Electric Fund. "Generating Facilities" means electric utility properties and assets, real and personal, tangible and intangible, and used or useful in the generation of electric energy, now owned and hereafter acquired or constructed by the City and declared to be part of the Electric System, including any common undivided interest therein, related transmission facilities, and additions, improvements and betterments to and extensions of such properties and assets; provided, however, Generating Facilities shall not include Contract Resource Obligations designated as separate systems pursuant to Section 6.1(d) of this ordinance. "Government Obligations" means those obligations now or hereafter defined as such in chapter 39.53 RCW, as this chapter may be hereafter amended or restated. "Letter of Representations" means the Blanket Issuer Letter of Representations given by the City to DTC, as amended from time to time. "Maximum Annual Debt Service" means, at the time of calculation, the maximum amount of Annual Debt Service that will become due in any Fiscal Year or calendar year on all then outstanding Parity Bonds. H - 13 "Maximum Reserve Requirement" means the maximum dollar amount permitted by the Code to be allocated to a bond reserve account from bond proceeds without requiring a balance to be invested at a restricted yield. "Moody's" means Moody's Investors Service, a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, and its successors and assigns. "MSRB" means the Municipal Securities Rulemaking Board or any successor to its functions. "Net Revenues" means, for any period, the excess of Revenues over Operating Expenses for such period, excluding from the computation of Revenues (a) any profit or loss derived from the sale or other disposition, not in the ordinary course of business, of investments or fixed or capital assets, or resulting from the early extinguishment of debt, and (b)insurance proceeds. "Operating Expenses" means (a) the City's expenses for operation and maintenance of the Electric System, and ordinary repairs, renewals, replacements and reconstruction of the Electric System, including all costs of delivering electric power and energy and payments (other than payments out of Parity Bond proceeds) into reasonable reserves in the Electric Fund for items of Operating Expenses the payment of which is not immediately required, and shall include, without limiting the generality of the foregoing, all costs of purchased power, costs of transmission and distribution, operation and maintenance expenses, rents, administrative and general expenses, engineering expenses, legal and financial advisory expenses, required payments to pension, retirement, health and hospitalization funds, insurance premiums and any taxes, assessments, or payments in lieu of taxes, all to the extent properly allocable to the Electric System; (b) any current expenses required to be paid by the City under the provisions of this ordinance or by law, all to the extent properly allocable to the Electric System; (c)the fees and expenses of any paying agent; and (d) any Contract Resource Obligations to the extent designated as such pursuant to Section 6.1(d) of this ordinance. Operating Expenses shall not include any costs or expenses for new construction or other capital outlays, interest, amortization of debt service on any evidence of indebtedness, any allowance for depreciation, or any payments for City taxes or payments in lieu of City taxes. "Outstanding Parity Bond Ordinances" means the ordinances authorizing the issuance of the Outstanding Parity Bonds as identified in the recitals to this ordinance. "Outstanding Parity Bonds" mean the electric revenue bonds of the City identified in the recitals to this ordinance. "Parity Bond Ordinances" mean the Outstanding Parity Bond Ordinances, this ordinance, and any ordinance authorizing the issuance of Parity Bonds, including a Supplemental Ordinance. "Parity Bonds" means the Outstanding Parity Bonds, the Bonds, and any Additional Bonds. "Parity Bonds" may include bonds, notes, warrants, certificates of indebtedness or any other evidence of indebtedness. "Permitted Investments" shall mean any legal investment for City funds. H - 14 "Power and Services" means energy, capacity, reserves and services, excluding the purchase of ownership of generating capability. "Private Person" means the federal government or any natural person engaged in a trade or business or any trust, estate,partnership, association, company or corporation. "Private Person Use" means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day to day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. "Professional Utility Consultant" means the independent person(s) or firm(s) selected by the City having a favorable reputation for skill and experience with generation, transmission and distribution systems of comparable size and character to the Electric System in such areas as are relevant to the purposes for which they are retained. "Qualified Insurance" means any non-cancellable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies), which insurance company or companies, as of the time of issuance of such policy or surety bond, are currently rated in one of the two highest rating categories by Moody's or S&P or both Moody's and S&P if such institution is rated by both, or their comparably recognized business successors. After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, this definition shall he amended to read as follows: "Qualified Insurance" means any non-cancellable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies), which insurance company or companies, as of the time of issuance of such policy or surety bond, are currently rated in one of the two highest rating categories by Moody's, S&P or Fitch, or any other rating agency then maintaining a rating on the Bonds. "Qualified Letter of Credit" means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of the owners of one or more series of Parity Bonds, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit is currently rated in one of the two highest rating categories by Moody's or S&P or their comparably recognized business successors or both Moody's and S&P if such institution is rated by both, or their comparably recognized business successors. After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, H - 15 this definition shall he amended to read as follows: "Qualified Letter of Credit" means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of the owners of one or more series of Parity Bonds, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit is currently rated in one of the two highest rating categories by Moody's, S&P or Fitch, or any other rating agency then maintaining a rating on the Bonds. "Refunded Bonds"means the 2005 Bonds and the 2011 Bond. "Refunding Account" means the Refunding Account created pursuant to Section 7.1 of this ordinance. "Refunding Trustee" means U.S. Bank National Association, Seattle, Washington. "Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book entry only form, DTC or its nominee will be deemed to be the sole Registered Owner. "Reserve Account" means the Bond Reserve Account created in the Bond Account and continued pursuant to the terms of this ordinance. "Reserve Account Requirement" means as of any date an amount equal to the lesser of (1) Maximum Annual Debt Service, (2) 10% of the initial principal amount of Parity Bonds of each series, and (3) 125% of Average Annual Debt Service; provided, however, that the dollar amount required to be contributed, if any, as a result of the issuance of a series of Additional Bonds shall not be greater than the Maximum Reserve Requirement. If the dollar amount required to be contributed at the time of issuance of a series of Additional Bonds exceeds the Maximum Reserve Requirement, then the amount required to be contributed shall be equal to the Maximum Reserve Requirement. Prior to the full redemption, refunding or defeasance of all Outstanding Parity Bonds, the Reserve Account Requirement shall never be less than Average Annual Debt Service for the then outstanding Parity Bonds (including the Bonds). "Revenues" means all income (including investment income), receipts and revenues derived by the City through the ownership and operation of the Electric System but shall not include: (a) any income derived by the City through the ownership and operation of any facilities that may hereafter be purchased, constructed or otherwise acquired by the City as a separate utility system; or (b) investment income restricted to a particular purpose inconsistent with its use for the payment of debt service, including investment income derived pursuant to a plan of debt retirement or refunding. "Rule" means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. H - 16 "S&P" means Standard & Poor's Ratings Services, a New York limited liability company, and its successors and assigns. "Serial Bonds" means Parity Bonds other than Term Bonds. "Sinking Fund Requirement" for any Fiscal Year means the principal amount of Term Bonds required to be purchased, redeemed or paid in such Fiscal Year as established by the ordinance of the City authorizing the issuance of such Term Bonds. "Sinking Fund Requirement Date" means, for any Fiscal Year, the date by which the Sinking Fund Requirement for such Fiscal Year must be met. "Supplemental Ordinance" means any ordinance amending, modifying or supplementing the provisions of this ordinance, including any ordinance providing for the issuance of Additional Bonds. "Term Bonds" means Parity Bonds of any principal maturity that are subject to mandatory redemption and for which mandatory sinking fund payments are required as provided in the applicable ordinance. "Underwriter"means Piper Jaffray & Co., or its successors. "2005 Bonds" means the City's Electric Revenue and Refunding Bonds, Series 2005, issued in the original principal amount of$3,185,000 under date of February 15, 2005, pursuant to Ordinance No. 3186. "2010 Bonds" means the City's Electric Revenue Bonds, Series 2010, issued in the original principal amount of $4,925,000 under date of August 17, 2010, pursuant to Ordinance No. 3406. "2011 Bond" means the City's Electric Revenue Refunding Bond, Series 2011, issued in the original principal amount of $1,662,056.10 under date of September 7, 2011, pursuant to Ordinance No. 3434. Section 1.2. Interpretation. In this ordinance, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; H - 17 (d) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (e) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. ARTICLE II FINDINGS AND DETERMINATIONS Section 2.1. Parity Conditions. The Outstanding Parity Bond Ordinances provide that the City may issue Additional Bonds payable from the Bond Account on a parity with the Outstanding Parity Bonds upon compliance with certain conditions. The Council hereby finds, as required by those provisions of the Outstanding Parity Bond Ordinances, as follows: (a) There is no deficiency in the Bond Account and no Event of Default has occurred and is continuing. (b) Prior to delivery of the Bonds, there shall be filed with the City a certificate signed by the Chief Financial Officer showing that the Annual Debt Service for any Fiscal Year after the issuance of the Bonds and the refunding of the Refunded Bonds will not be increased by more than $5,000 by reason of the issuance of the Bonds. The Additional Bonds test of the Outstanding Parity Bond Ordinances having been complied with or assured, the lien and charge on Revenues for the payment of the principal of and interest on the Bonds will be equal to the lien and charge thereon for the payment of principal of and interest on the Outstanding Parity Bonds. Section 2.2. Due Regard. The Council hereby finds and determines that due regard has been given to the cost of the operation and maintenance of the Electric System and that it has not obligated the City to set aside into the Bond Account for the account of the Bonds a greater amount of the revenues and proceeds of the Electric System than in its judgment will be available over and above such cost of maintenance and operation and the cost of paying and securing the payment of the Outstanding Parity Bonds. ARTICLE III AUTHORIZATION AND ISSUANCE OF BONDS Section 3.1. Authorization of Bonds. For the purpose of defeasing, prepaying and/or refunding the Refunded Bonds and paying costs of issuance of the Bonds, the City shall issue and sell its electric system revenue refunding bonds in the aggregate principal amount of not to exceed $3,400,000 (the"Bonds"). The Bonds shall be designated "City of Port Angeles, Washington, Electric Revenue Refunding Bonds, Series 2015" with additional series designation or other designation as set forth in the Bond Purchase Contract and approved by the Designated Representative. The Bonds shall be dated as of their date of delivery to the Underwriter; shall be fully registered as to both H - 18 principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, within a maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest from their date at the rates payable on the dates as provided in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract, all as approved by the Designated Representative pursuant to Section 14.1 of this ordinance. Any of the maturities of the Bonds may be combined and issued as Term Bonds, subject to mandatory redemption as provided in the Bond Purchase Contract. The Bonds shall be obligations only of the Bond Account and the accounts held therein and shall be payable and secured as provided herein. The Bonds do not constitute an indebtedness or general obligation of the City within the meaning of the constitutional provisions and limitations of the State of Washington. Section 3.2. Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause the Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Chief Financial Officer upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Chief Financial Officer. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 15.1 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3.2(h) but such Bond may be transferred as herein provided. All such payments made as described in Section 3.2(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any H - 19 DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor depository or its nominee shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (i) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (1) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (2) to any substitute depository appointed by the Chief Financial Officer pursuant to subsection (ii) below or such substitute depository's successor; or (3) to any person as provided in subsection (iv)below. (ii) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Chief Financial Officer to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Chief Financial Officer may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (iii) In the case of any transfer pursuant to clause (1) or (2) of subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Chief Financial Officer, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Chief Financial Officer. (iv) In the event that (1) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or(2) the Chief Financial Officer determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held by a depository. The Chief Financial Officer shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Chief Financial Officer to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. H - 20 (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer of or to exchange any Bond during the 15 days preceding any principal payment or redemption date. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners or beneficial owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30 day months. For so long as all Bonds are held by a depository, payments of principal thereof and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. Section 3.3. Redemption of Bonds. The Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 14.1 of this ordinance. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract and as approved by the Designated Representative pursuant to Section 14.1 of this ordinance. H - 21 Section 3.4. Selection of Bonds for Redemption. For as long as the Bonds are held in book entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held by a depository, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this Section 3.4. If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. Section 3.5. Notice of Redemption. (a) Official Notice. For so long as the Bonds are held by a depository, notice of redemption shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any beneficial owners. The notice of redemption may be conditional. Thereafter(if the Bonds are no longer held by a depository), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (i) the redemption date, (ii) the redemption price, (iii) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity and the respective principal amounts of the Bonds to be redeemed, (iv) that unless conditional notice of redemption has been given and such conditions have not been satisfied or waived or such notice has been rescinded, on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and if the Bond Registrar then holds sufficient funds to pay such Bonds at the redemption price, interest thereon shall cease to accrue from and after said date, and H - 22 (v) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date, unless any condition to such redemption has not been satisfied or waived or notice of such redemption has been rescinded, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (b) Effect of Notice. If an unconditional notice of redemption has been given and not rescinded, or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and, if the Bond Registrar then holds sufficient funds to pay such Bonds at the redemption price, then from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (c) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (i) the CUSIP numbers of all Bonds being redeemed; (ii) the date of issue of the Bonds as originally issued; (iii) the rate of interest borne by each Bond being redeemed; (iv)the maturity date of each Bond being redeemed; and (v) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 15.1 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (d) Amendment of Notice Provisions. The foregoing notice provisions of this Section 3.5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. Section 3.6. Purchase of Bonds. The City also reserves the right to purchase any of the Bonds in the open market at any time at prices deemed reasonable by the City. H - 23 ARTICLE IV ISSUANCE OF ADDITIONAL BONDS Section 4.1. Authorization of Series of Additional Bonds. Before any series of Additional Bonds is issued under the provisions of this Article, the City must adopt an ordinance or ordinances authorizing the issuance of such bonds, fixing the amount and the details thereof, describing in brief and general terms the purpose or purposes for which such bonds are to be issued and specifying the amount, if any, of the proceeds of such bonds to be deposited to the credit of the construction or project fund created with respect to such bonds or to another fund for the payment of capitalized interest on such bonds and to the Reserve Account; provided, however, that deposits to the Reserve Account shall be made as required under Section 6.2(c) of this ordinance. The bonds of each series issued under the provisions of this section will be designated "Electric Revenue Bonds, Series " or other designation as set forth in the authorizing ordinance, shall be in such denominations, shall be dated, shall bear interest at a rate or rates (including variable rates) not exceeding the maximum rate then permitted by law, shall be payable, both as to principal and interest, at such place or places, shall mature in such year or years, shall be made redeemable at such times and prices (subject to the provisions of this ordinance), shall be numbered, and any Term Bonds of such series shall have such amortization requirements, all as may be provided by ordinance or ordinances adopted by the City prior to the issuance of such bonds. Section 4.2. Additional Bonds. (a) General. Additional Bonds may be issued payable from the Bond Account on a parity with the outstanding Parity Bonds and secured by an equal charge and lien on the Revenues pledged to the Bond Account for any lawful purpose of the City, including the refunding of outstanding Parity Bonds; provided that, (i) except as to Parity Bonds issued pursuant to Section 4.2(e) of this ordinance, at the time of the issuance of such Additional Bonds, there is no deficiency in the Bond Account and no Event of Default has occurred and is continuing, and (ii) the requirements of the applicable provisions of this Section 4.2(b), (c), (d), (e) or(i) are complied with. (b) Parity Certificate of Chief Financial Officer. Additional Bonds may be issued for any lawful purpose of the City if the City receives a certificate signed by the Chief Financial Officer setting forth: (i) the amount of the Net Revenues for any 12 consecutive months of the 24 months prior to the date of the issuance of such Additional Bonds; (ii) the amount of the Average Annual Debt Service on account of all Parity Bonds then outstanding and the Additional Bonds then to be issued; and (iii) the percentage derived by dividing the amount shown in (i) above by the amount shown in (ii) above, and shall state that such percentage is not less than 125%. (c) Parity Certificate of Professional Utility Consultant. Additional Bonds may also be issued for any lawful purpose of the City if the City receives a certificate signed by a Professional Utility Consultant and filed with the City Clerk setting forth: H - 24 (i) the amount of the Adjusted Net Revenues computed as provided in Section 4.2(g) of this ordinance; (ii) the amount of the Average Annual Debt Service on account of all Parity Bonds then outstanding and the Additional Bonds then to be issued; and (iii) the percentage derived by dividing the amount shown in (i) above by the amount shown in (ii) above, and shall state that such percentage is not less than 125%. (d) Completion Bonds. Additional Bonds may also be issued for the purpose of paying part of the costs of Distribution and Transmission Facilities or Generating Facilities for which Parity Bonds have previously been issued, if a certificate is signed by a Professional Utility Consultant and filed with the City Clerk, which (i) complies with the requirements of Section 4.2(c) above, or (ii) states that the issuance of such Additional Bonds is necessary to complete such facilities and that the completion is necessary for the efficient and economic operation of the Electric System; provided, however, the principal amount of such Additional Bonds may not exceed 15% of the principal amount of the Parity Bonds previously issued for such facilities. (e) Refunding Bonds. Additional Bonds may also be issued from time to time for the purpose of providing funds, together with any other available funds, for retiring at or prior to their maturity or maturities any or all of the outstanding Parity Bonds of any series. Additional Bonds issued under this Section 4.2(e) may not be delivered unless the proceeds (excluding any accrued interest but including any premium) of such Additional Bonds, together with any other money that has been made available for such purposes, and the principal of and the interest on the investment of such proceeds or any such money, are sufficient to pay the principal of and the redemption premium, if any, on the Parity Bonds to be refunded, the interest that will become due and payable on or prior to the date of their payment or redemption, and the expenses incident to the issuance of such Additional Bonds. If such Additional Bonds are to be issued pursuant to this Section 4.2(e), there shall be filed with the City (i) a certificate signed by the Chief Financial Officer showing that the Annual Debt Service for any Fiscal Year thereafter will not be increased by more than $5,000 by reason of the issuance of the Additional Bonds, or (ii) a certificate of a Professional Utility Consultant complying with the requirements of Section 4.2(c) above, but excluding the bonds to be refunded from the calculation of Average Annual Debt Service. After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, this subsection (e) shall be amended to read as follows: Additional Bonds may also be issued from time to time and the certificates described in this Section 4.2 shall not be required as a condition to the issuance of such Additional Bonds if the Additional Bonds are being issued for the purpose of refunding at or prior to their maturity any part or all of the then outstanding Parity Bonds for debt service savings. (f) Certificate of Professional Utility Consultant. In rendering any certificate under this section, the Professional Utility Consultant may rely upon, and such certificate shall have attached thereto, (i) financial statements of the Electric System, certified by the Chief Financial H - 25 Officer, showing income and expenses for the period upon which the same are based and a balance sheet as of the end of such period, (ii) similar certified statements by the Washington State Auditor (or any successor thereto), or (iii) similar certified statements by an independent certified public accountant, if any, for as much of said period as any examination by them has been made and completed. If two or more of such statements are inconsistent with each other, the Professional Utility Consultant shall rely on the statement described under(i) above. In connection with the issuance of any Parity Bonds pursuant to subsections 4.2(c), 4.2(d) or 4.2(e), the certificate of the Professional Utility Consultant hereinabove referred to shall be conclusive and the only evidence required to show compliance with the provisions and requirements of said subsections. (g) Calculation of Adjusted Net Revenues. Adjusted Net Revenues shall be computed by the Professional Utility Consultant as follows. The Net Revenues for any 12 consecutive months (selected by the City) out of the 24 months prior to the date of issuance of the Additional Bonds (such 12-month period being herein called the "Base Period") may be adjusted: (i) to reflect any changes in Net Revenues for the Base Period which would have occurred if the schedule of rates and charges in effect at the time of the computation (or approved by the Council as of the time of such computation and to become effective within 12 months thereof) had been in effect during the portion of the Base Period in which such schedule was not in effect; (ii) to reflect a full 12 months of Net Revenues from any customers of the Electric System added prior to the computation date; and (iii) to reflect any changes in Net Revenues estimated to be received from residences and businesses that are in existence as of the date of issuance of such Additional Bonds and that are expected to connect to the Electric System as a result of, and upon completion of, any facilities under construction or to be acquired, constructed or installed as a part of the Electric System from the proceeds of any Parity Bonds. (h) Refunding of all Parity Bonds; Junior Lien Obligations. Nothing contained herein shall prevent the City from refunding at one time all of the Parity Bonds then outstanding. Nothing contained herein shall prevent the City from issuing obligations payable from a lien on the Revenues that is junior and inferior to the Parity Bonds. (i) Additional Bonds in the Event of Damage or Loss. Additional Bonds may also be issued from time to time without complying with the requirements set forth above if, in the opinion of the Professional Utility Consultant, as evidenced by a certificate filed with the City, it is necessary to repair any damage or loss to the Electric System or if the Electric System has been destroyed or damaged by disaster or unanticipated event to such an extent that it cannot be operated. The proceeds of any Additional Bonds issued for such purpose may only be used to return the Electric System to, or to maintain the Electric System at, substantially its former or then operating capacity. In the case of repair, such Additional Bonds may be issued only to the H - 26 extent that insurance proceeds from such damage or loss are insufficient for the accomplishment of such purpose. 0) Calculation of Interest Rate for Variable Rate Bonds. In calculating Annual Debt Service, if the interest rate on any Parity Bonds is other than a fixed rate, the highest of the following shall be used: (i) the actual rate borne by such Parity Bonds at the time of computation, (ii) the average of the SIFMA Municipal Swap Index over the 60 month period immediately preceding the date of computation, and (iii) the average of the SIFMA Municipal Swap Index over the 12 month period immediately preceding the date of computation. ARTICLE V RESERVED ARTICLE VI CREATION OF SPECIAL FUNDS AND ACCOUNTS AND PAYMENTS THEREFROM Section 6.1. Electric Fund. (a) Electric Fund. The City has previously created a special fund designated the Electric Fund (the "Electric Fund"). The City covenants that it will pay or cause to be paid all Revenues into the Electric Fund as promptly as practicable after receipt thereof. The following accounts have been created in the Electric Fund: (i) the General Account, (ii) the Contingency and Replacement Account, (iii) the Refunding Account, and (iv) the Rate Stabilization Account. Such accounts shall be held and used for the purposes hereinafter described. Nothing contained in this Section 6.1 shall be construed to require the deposit into the Electric Fund of any of the revenues, income, receipts or other money of the City derived by the City through the ownership or operation of any separate utility system currently owned or hereafter created or established from funds other than the proceeds of Parity Bonds. (b) Flow of Funds. Revenues shall be deposited and credited to the following accounts in the Electric Fund and used only for the following purposes and in the following order of priority: (i) So long as the Outstanding Parity Bonds remain outstanding, all Revenues paid into the Electric Fund shall first be credited to the General Account therein and applied as follows: (1) to pay Operating Expenses; (2) to make all payments required to be made into the Interest Account in the Bond Account for the payment of accrued interest on the next interest payment date; (3) to make all payments required to be made into the Principal Account in the Bond Account for the payment of the principal amount of Serial H - 27 Bonds next coming due, and into the Bond Retirement Account in the Bond Account for the mandatory redemption of Term Bonds; (4) to make all payments required to be made into the Reserve Account in the Bond Account created to secure the payment of the Parity Bonds; and (5) to make all payments required to be made into any special fund or account created to pay or secure the payment of the principal of and interest on any revenue bonds, warrants or other revenue obligations of the City having a lien upon Revenues and money in the Electric Fund and Bond Account and accounts therein junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds. (ii) To the extent that surplus Revenues remain after the payments so required to be made out of the General Account, the City shall credit to the Contingency and Replacement Account in each Fiscal Year an amount equal to at least 25% of the Annual Debt Service in such Fiscal Year. (iii) To the extent that surplus Revenues remain after the payments so required to be made out of the General Account and the credit to the Contingency and Replacement Account, the City may credit up to the full amount of such surplus to the Rate Stabilization Account. (iv) After all of the above payments and credits have been made, amounts remaining in the General Account may be used for any other lawful purpose of the Electric Fund. After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, this subsection (b)(i) shall be amended to read as follows: All Revenues paid into the Electric Fund shall first be credited to the General Account therein and applied as follows: (1) to pay Operating Expenses; (2) to make all payments required to be made into the Interest Account in the Bond Account for the payment of accrued interest on the next interest payment date; (3) to make all payments required to be made into the Principal Account in the Bond Account for the payment of the principal amount of Serial Bonds next coming due, and into the Bond Retirement Account in the Bond Account for the mandatory redemption of Term Bonds; (4) to make all payments required to be made into the Reserve Account in the Bond Account created to secure the payment of the Parity Bonds; (5) to make all payments required to be made into any special fund or account created to pay or secure the payment of the principal of and interest on any revenue bonds, warrants or other revenue obligations of the City having a lien H - 28 upon Revenues and money in the Electric Fund and Bond Account and accounts therein junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and (6) to retire by redemption or purchase any outstanding revenue bonds or revenue warrants of the City, to make transfers into the Rate Stabilization Account, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the Electric System, and for any other lawful City purposes, in the order of priority as determined by the City. (c) Contingency and and Repand Replacement Account and Rate Stabilization Account. (i) Contingency and Replacement Account. Money in the Contingency and Replacement Account shall be used from time to time to make up any deficiencies in the Reserve Account, and such money in the Contingency and Replacement Account is hereby pledged as additional payment to the Bond Account to the extent required for any such deficiencies. Money in the Contingency and Replacement Account may be used to make additions, betterments, extensions, renewals, replacements and other capital improvements to the Electric System, to retire Parity Bonds, or may be used by the City for any other lawful purpose of the City, but may not be paid directly into the Rate Stabilization Account. After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, the Contingency and Replacement Account shall no longer be required and shall be closed. (ii) Rate Stabilization Account. The Rate Stabilization Account has been created in anticipation of future increases in revenue requirements. Funds in the Rate Stabilization Account may be transferred to the General Account to accommodate part or all of those future revenue requirement increases. Money in the Rate Stabilization Account may be used for any lawful purpose. Money in the Rate Stabilization Account shall be used from time to time to make up any deficiencies in the Bond Account, and such money in the Rate Stabilization Account is hereby pledged as additional payments to the Bond Account to the extent required for any such deficiencies. Any credits from the General Account and any credits to the General Account from the Rate Stabilization Account made pursuant to this ordinance may be made up to and including the date 90 days after the end of the Fiscal Year for which the deposit or withdrawal will be effective. (d) Contract Resource Obligations. (i) Authorization. The City is hereby authorized to create, acquire, construct, finance, own and operate one or more additional electric utility systems for the purpose of generating, transmitting or distributing electric power and energy. The Council may declare any such system to be a separate utility system not financed from Revenues (except as a Contract Resource Obligation (1) included in Operating Expenses of the Electric System as provided herein or (2) on a basis junior and inferior to the lien on Revenues pledged to secure the Parity Bonds), the revenue of which separate utility system may be pledged to the payment of revenue obligations issued to purchase, construct, condemn or otherwise acquire or expand such separate utility system. The costs associated with any such separate utility system may upon declaration of the Council constitute a Contract Resource Obligation and upon compliance with subsection H - 29 (d)(ii) below, be included in Operating Expenses. No Contract Resource Obligation constituting the costs of a separate utility system for the retail distribution of electric power and energy may be included in Operating Expenses. (ii) Contract Resource Obligations as Operating Expenses. A Contract Resource Obligation may be included in Operating Expenses if the following requirements are met at the time the Contract Resource Obligation is incurred: (1) No Event of Default has occurred and is continuing. (2) There shall be on file with the City Clerk a certificate of a Professional Utility Consultant stating that the average annual Net Revenues for the Fiscal Years in the period specified in the next sentence, as such Net Revenues are estimated by the Professional Utility Consultant in accordance with Section 4.2(f) and (g) of this ordinance, shall be at least equal to 1.25 times Average Annual Debt Service, as estimated by the Professional Utility Consultant in accordance with Section 4.2(f) and (g) of this ordinance. The period for the determination of average annual Net Revenues shall be the period beginning with the first Fiscal Year following the earlier of(a) the date to which interest is capitalized or (b) the date of initial operation of the facilities to be financed and, in each case, ending with the fifth full Fiscal Year after such date. (3) There shall be on file with the City Clerk an opinion of the Professional Utility Consultant to the effect stated in subparagraph (a) below if the Contract Resource Obligation is to be utilized to supply power and energy or to the effect stated in subparagraph (b) below if the Contract Resource Obligation is to be utilized to supply transmission capability: (a) (i) The additional source of power and energy from such Contract Resource Obligation is sound from a power supply planning standpoint and is technically and economically feasible in accordance with prudent utility practice; and (ii) the estimated cost of such Contract Resource Obligation is reasonable. (b) (i) The transmission capability to be acquired pursuant to the Contract Resource Obligation will be necessary within a reasonable time after the estimated date of commercial operation of the transmission facilities; and (ii) the estimated cost of such Contract Resource Obligation is reasonable. Section 6.2. Bond Account. There has been previously created in the Electric Fund a special fund named the Electric System Revenue Bond Fund (the "Bond Account"). The Bond Account shall be held in trust and administered by the City and used solely to pay the principal of, premium, if any, and interest on the Parity Bonds, and retiring the Parity Bonds prior to maturity in the manner herein provided. The City hereby obligates and binds itself irrevocably to set aside and to pay (to the extent not otherwise provided) from money in the Electric Fund into the Bond Account, after paying or making provision for Operating Expenses and prior to the payment of any other charge or obligation against such Revenues, amounts sufficient to pay the principal of, premium, if any, and interest on all the Parity Bonds from time to time outstanding as the same respectively become due and payable, either at the maturity thereof or in accordance H - 30 with the terms of any Sinking Fund Requirement established for the retirement of Term Bonds. The fixed amounts to be paid into the Bond Account, to the extent that such payments are not made from Parity Bond proceeds or from other money which may legally be available therefor, shall be as follows and in the following order of priority: (a) Bond Interest Account. There has been created in the Bond Account, for the purpose of paying the interest on Parity Bonds as the same becomes due and payable, a Bond Interest Account (the "Interest Account"). The City shall pay from the Electric Fund into the Bond Account to the credit of the Interest Account, on or before the date due, an amount sufficient, together with any funds then on deposit in the Interest Account, to pay the installment of interest due on all Parity Bonds then outstanding on such date. (b) Principal Accounts. There has been created in the Bond Account, for the purpose of paying outstanding Serial Bonds as they mature and for the purpose of redeeming Term Bonds pursuant to the Sinking Fund Requirement pertaining to such Term Bonds, the following accounts each of which are equal in priority: (i) Bond Principal Account. The Bond Principal Account, for the purpose of paying outstanding Serial Bonds as they mature (the "Principal Account"). The City shall pay from the Electric Fund into the Bond Account to the credit of the Principal Account, on or before the date due, an amount sufficient, together with any funds then on deposit in the Principal Account, to pay the principal of Serial Bonds due on such date. (ii) Bond Retirement Account. The Bond Retirement Account, for the purpose of redeeming Term Bonds pursuant to the Sinking Fund Requirement pertaining to such Term Bonds and to otherwise retire Parity Bonds prior to maturity (the "Bond Retirement Account"). The City shall pay from the Electric Fund into the Bond Account to the credit of the Bond Retirement Account, on or before the date due, an amount sufficient, together with any funds then on deposit in the Bond Retirement Account, to pay the Sinking Fund Requirement for any Term Bonds due on such date. The City shall apply all the money paid into the Bond Account for credit to the Bond Retirement Account to the redemption of Term Bonds on each Sinking Fund Requirement Date (or may so apply such money prior to such Sinking Fund Requirement Date), pursuant to the terms of this ordinance or of the Supplemental Ordinance authorizing the issuance thereof. The City may also apply the money paid into the Bond Account for credit to the Bond Retirement Account for the purpose of retiring Term Bonds by the purchase of such Parity Bonds at a purchase price (including accrued interest and any brokerage charge) not in excess of the principal amount thereof, in which event the principal amount of such Parity Bonds so purchased shall be credited against the next ensuing Sinking Fund Requirement. If as of any principal payment date for the Parity Bonds the principal amount of the Term Bonds retired by purchase or redemption exceeds the cumulative amount required to have been redeemed by sinking fund installments on or before such date, then such excess may be credited against the Sinking Fund Requirement for the Term Bonds for the following Fiscal Year. Any such purchase of Parity Bonds by the City may be made with or without tenders of Parity Bonds in such manner as the City shall, in its discretion, deem to be in its best interest. H - 31 (c) Bond Reserve Account. There has been created a "Bond Reserve Account" in the Bond Account (the "Reserve Account"). Upon the issuance of the Bonds, the City shall, if necessary, make a deposit from available funds of the Electric System in an amount that, together with other funds, if any, on deposit in the Reserve Account, shall equal at least the Reserve Account Requirement. If the City issues any Additional Bonds, the ordinance authorizing the issuance of such Additional Bonds shall provide for approximately equal monthly payments into the Bond Account for credit to the Reserve Account from the money in the Electric Fund, in such amounts and at such times so that by no later than three years from the date of issuance of such Additional Bonds there will be credited to the Reserve Account an amount equal to the Reserve Account Requirement calculated as of the date of issuance of such Additional Bonds; provided, however, that the proceedings authorizing the issuance of Additional Bonds may provide for payments into the Bond Account for credit to the Reserve Account from the proceeds of such Additional Bonds or from any other money lawfully available therefor, in which event, in providing for deposits and credits required by the foregoing provisions of this paragraph, allowance shall be made for any such amounts so paid into such Account. Subject to the prior paragraph, the money and value of Permitted Investments in the Reserve Account shall be determined as of the last business day of each Fiscal Year and maintained at an amount at least equal to the Reserve Account Requirement, except where it is necessary for the City to make a transfer therefrom to the Interest Account, Principal Account or Bond Retirement Account because of an insufficiency of money therein to make any required payment of principal of or interest on any Parity Bonds when due. The City shall make up any deficiencies in such account arising because of such transfer, or because of an insufficient value of money and Permitted Investments in such account, in not more than 18 approximately equal consecutive monthly installments into the Reserve Account. If at any time the money and value of Permitted Investments in the Reserve Account shall exceed the Reserve Account Requirement, such excess may be transferred to the General Account in the Electric Fund. For the purposes of valuation of Permitted Investments pursuant to this Section 6.2(c), the value of Permitted Investments shall be computed as follows: (i) the value of obligations which mature within six months from the date of purchase thereof shall be the purchase price of such obligations; and (ii) the value of obligations which mature more than six months after the date of purchase thereof shall be the lesser of (1)the principal or face amount of such obligations, or (2)the bid quotation price thereof as of the fifth business day next preceding the date of such determination as reported in The Wall Street Journal, or if such quotation is unavailable, in a financial publication or journal of general circulation, or (3)the price at which such obligations are then redeemable by the owner at its option. The computations made under this paragraph shall not include accrued interest. In making the payments and credits to the Principal Account, Interest Account, Bond Retirement Account and Reserve Account required by this Section 6.2, to the extent that such payments are made from Parity Bond proceeds, from money in any capitalized interest account, or from other money that may legally be available, such payments are not required to be made from the Electric Fund. H - 32 The City may elect to meet the requirements of this Section 6.2(c) with respect to the Reserve Account through the use of a Qualified Letter of Credit, Qualified Insurance, or other equivalent credit enhancement then rated as provided in the definition of Qualified Insurance. The City may contract with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement that the City's reimbursement obligation, if any, to such entity ranks on a parity of lien with the Parity Bonds. If the City elects additionally to secure any issue of Additional Bonds through the use of a Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement, the City may contract with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement that the City's reimbursement obligation, if any, to such entity ranks on a parity of lien with outstanding Parity Bonds; provided that the payments due under such reimbursement agreement are such that if such reimbursement obligation were a series of Additional Bonds, such Additional Bonds could be issued in compliance with the provisions of Article IV hereof. In making the payments and credits to the Reserve Account required by this Section 6.2, to the extent that the City has obtained Qualified Insurance or a Qualified Letter of Credit for specific amounts required pursuant to this section to be paid out of the Reserve Account, such amounts so covered by Qualified Insurance or a Qualified Letter of Credit shall be credited against the amounts required to be maintained in the Reserve Account by this Section 6.2(c) to the extent that such payments and credits to be made are insured by an insurance company, or guaranteed by a letter of credit from a financial institution. Upon the expiration of any Qualified Letter of Credit or the termination of any Qualified Insurance, the Reserve Account shall be funded in accordance with the second paragraph of this Section 6.2(c) as if the Parity Bonds that remain outstanding had been issued on the date of such notice of expiration or termination. (d) If there is a deficiency in the Interest Account, Principal Account or Bond Retirement Account in the Bond Account, the City shall promptly make up such deficiency from the Reserve Account by the withdrawal of cash therefrom for that purpose, by the sale or redemption of obligations held in the Reserve Account and by pro rata draws on any Qualified Insurance or Qualified Letter of Credit credited to the Reserve Account, if necessary, and in that order of priority, in such amounts as will provide cash in the Reserve Account sufficient to make up any such deficiency. The City covenants and agrees that any deficiency created in the Reserve Account by reason of any withdrawal therefrom for payment into the Interest Account, Principal Account or Bond Retirement Account shall be made up from money in the Electric Fund available after making provision first for payment of Operating Expenses and then for the required payments into such Interest, Principal and Bond Retirement Accounts. Money in the Bond Account shall be transmitted to the Bond Registrar in amounts sufficient to meet the maturing installments of principal of, premium, if any, and interest on the Parity Bonds when due. Whenever the assets of the Bond Account shall be sufficient to provide money to retire all Parity Bonds then outstanding, including such interest thereon as thereafter may become due and payable and any premiums upon redemption thereof, no further payments need be made into the Bond Account. All money remaining in the Bond Account after provision for the payment in full of the principal of,premium, if any, and interest on the Parity Bonds shall be returned to the Electric Fund. H - 33 The Bond Account shall be drawn upon solely for the purpose of paying the principal of, premium, if any, and interest on the Parity Bonds. Money set aside from time to time with the Bond Registrar for such payment shall be held in trust for the owners of the Parity Bonds in respect of which the same shall have been so set aside. Until so set aside, all money in the Bond Account shall be held in trust for the benefit of the owners of all Parity Bonds at the time outstanding equally and ratably. Section 6.3. Investment of Funds. Money held for the credit of the Interest Account, Principal Account and Bond Retirement Account in the Bond Account shall be invested in any manner permitted by Washington law. ARTICLE VII USE OF BOND PROCEEDS Section 7.1. Refunding Account. (a) Refunding g Plan. For the purpose of realizing a debt servPlan. For the purpose of realizing a debt service savings, the City proposes to prepay, refund and defease the Refunded Bonds as set forth herein. Proceeds of the Bonds shall be deposited with the Refunding Trustee pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to prepay, refund and defease the Refunded Bonds as authorized by the ordinances authorizing the 2005 Bonds and the 2011 Bond, as applicable, and to pay costs of issuance of the Bonds. The net proceeds deposited with the Refunding Trustee may be used to prepay, refund and defease the Refunded Bonds and discharge the obligations thereon by the purchase of certain Acquired Obligations bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any cash balance, will provide for the payment of- (i) interest on the 2005 Bonds as such becomes due on and prior to the applicable Call Date; (ii) the redemption price(100% of the principal amount) of the 2005 Bonds on the applicable Call Date; (iii) interest on the 2011 Bond as such becomes due on and prior to the applicable Call Date; and (iv) the redemption price (100% of the principal amount) of the 2011 Bond on the applicable Call Date. Such Acquired Obligations, if any, shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Refunding Trustee/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Refunding Trustee for the Refunded Bonds (the "Refunding Trustee"). A beginning cash balance, if any, and the Acquired H - 34 Obligations, if any, shall be deposited irrevocably with the Refunding Trustee in an amount sufficient to prepay, redeem, and defease the Refunded Bonds. The remaining proceeds of the Bonds shall be used to pay expenses of the acquisition and safekeeping of the Acquired Obligations, if any, and to pay costs of issuance of the Bonds. In order to carry out the purposes of this section, the Chief Financial Officer is authorized and directed to execute and deliver to the Refunding Trustee, an Escrow Deposit Agreement. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of cash and/or the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. The Chief Financial Officer is hereby authorized to designate the Call Date for the refunding of each series of Refunded Bonds, which date(s) shall be no later than 60 days after the issuance of the Bonds. The City hereby calls the Refunded Bonds for redemption on their respective Call Date in accordance with the applicable provisions of the ordinances authorizing the redemption and retirement of the 2005 Bonds and the 2011 Bond prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the funds and/or Acquired Obligations to the Refunding Trustee. The Refunding Trustee is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the ordinances authorizing the 2005 Bonds and the 2011 Bond. The costs of publication of such notices shall be an expense of the City. The Refunding Trustee is hereby authorized and directed to pay to the Chief Financial Officer, or, at the direction of the Chief Financial Officer, to the paying agent for or the owner(s) of the Refunded Bonds, sums sufficient to pay, when due, the payments specified in this section. All such sums shall be paid from the money and Acquired Obligations deposited with the Refunding Trustee, and the income therefrom and proceeds thereof, if any. All such sums so paid to said Chief Financial Officer shall be credited to the Refunding Account hereby authorized to be created (the "Refunding Account"). All money and Acquired Obligations deposited with the Refunding Trustee and any income therefrom shall be held, invested (but only at the direction of the Chief Financial Officer) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Refunding Trustee for the Refunded Bonds shall be paid when due. H - 35 ARTICLE VIII FORM OF BONDS Section 8.1. Form of Bonds. The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF PORT ANGELES ELECTRIC REVENUE REFUNDING BOND, SERIES 2015 INTEREST RATE: CUSIP NO.: MATURITY DATE: REGISTERED OWNER: CEDE& CO. PRINCIPAL AMOUNT: Dollars The City of Port Angeles, Washington (the "City"), a municipal corporation of the State of Washington, for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date set forth above the Principal Amount set forth above, and to pay interest thereon from the date hereof, or the most recent date to which interest has been paid or duly provided for, at the Interest Rate set forth above payable on the first days of each and , commencing on , 20 Both principal of and interest on this bond are payable in lawful money of the United States of America. For so long as this bond is held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Blanket Issuer Letter of Representations from the City to DTC. If the bonds of this issue are no longer in fully immobilized form, interest on this bond will be paid by check or draft mailed to the Registered Owner at the address appearing on the Bond Register on the 15th day of the month preceding the interest payment date, and principal of this bond will be payable upon presentation and surrender of this bond by the Registered Owner at the principal office of the fiscal agency of the State of Washington (the"Bond Registrar"). This bond is one of an authorized issue of bonds of like date and tenor, except as to number, amount, rate of interest, date of maturity and rights of redemption in the aggregate principal amount of $[ ] (the "Bonds") issued pursuant to Ordinance No. [ ] passed by the City Council on January 6, 2015 (the "Bond Ordinance"), to finance the cost of refunding certain outstanding Electric System revenue bonds of the City and paying costs of issuing the Bonds. Unless otherwise defined on this bond, capitalized terms used herein have the meanings given them in the Bond Ordinance. The principal of and interest on the bonds of this issue are payable solely out of the special fund of the City known as the Electric System Revenue Bond Fund of the Electric Fund (the "Bond Account"). The Bonds are special limited obligations of the City and are not obligations of the State of Washington or any political subdivision thereof other than the City, and neither the full faith and credit nor the taxing power of the City or the State of Washington is pledged to the payment of the Bonds. H - 36 Under the Bond Ordinance, and subject only to the provisions of the Bond Ordinance restricting or permitting the application thereof for the purposes and on the terms and conditions set forth in therein, the City is obligated to set aside and pay into the Bond Account out of Revenues of the Electric System certain fixed amounts sufficient to pay when due the principal of and interest and premium, if any, on the Bonds and all other Parity Bonds. To the extent provided by the Bond Ordinance, the amounts pledged to be paid from Revenues into the Bond Account and accounts therein are a lien and charge thereon equal in rank to the lien and charge upon Revenues of the amounts required to pay and secure the payment of certain outstanding Parity Bonds and any Additional Bonds that the City may issue hereafter, and superior to all other liens and charges of any kind or nature, except the Operating Expenses of the Electric System. The Bond Ordinance sets forth covenants of the City to secure payment of Parity Bonds, including but not limited to covenants relating to rates and charges of the Electric System, operations of the Electric System, and the issuance of Additional Bonds. The bonds of this issue are subject to redemption prior to maturity as provided in the Bond Ordinance. The bonds of this issue may be transferred and exchanged upon surrender to the Bond Registrar as provided in the Bond Ordinance. The bonds of this issue are not "private activity bonds" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). The bonds of this issue are deemed designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3)(B) of the Code. This bond will not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington and the ordinances of the City to exist and to have happened, been done and performed precedent to and in the issuance of this bond do exist and have happened, been done and performed and that the issuance of this bond and the bonds of this series does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to be signed by the manual or facsimile signature of its Mayor, attested by the manual or facsimile signature of the City Clerk, and the seal of the City to be impressed or reproduced hereon, all as of ' 2015. CITY OF PORT ANGELES, WASHINGTON By [Manual or Facsimile Signature] Mayor H - 37 Attest: [Manual or Facsimile Signature] City Clerk ( SEAL ) CERTIFICATE OF AUTHENTICATION Date of Authentication: This is one of the Electric Revenue Refunding Bonds, Series 2015, of the City of Port Angeles, Washington, dated 2015, as described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY, Bond Registrar By Authorized Officer Section 8.2. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signatures of the Mayor and the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted, or otherwise reproduced thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Only such Bonds as shall bear thereon a Certificate of Authentication manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. ARTICLE IX COVENANTS TO SECURE PARITY BONDS The City covenants and agrees with the purchasers and owners of all Parity Bonds, so long as any such Parity Bonds are outstanding, as follows: Section 9.1. Security for Parity Bonds. All Parity Bonds are special limited obligations of the City payable from and secured solely by Revenues, and by other money and assets H - 38 specifically pledged hereunder for the payment thereof. There are hereby pledged as security for the payment of the principal of, premium, if any, and interest on all Parity Bonds in accordance with the provisions of this ordinance, subject only to the provisions of this ordinance restricting or permitting the application thereof for the purposes and on the terms and conditions set forth in this ordinance: (i) the Revenues, and (ii) the money and investments, if any, credited to the Electric Fund and the Bond Account, and the income therefrom. The Revenues and other money and securities hereby pledged shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the City regardless of whether such parties have notice thereof. All Parity Bonds now or hereafter outstanding shall be equally and ratably payable and secured hereunder without priority by reason of date of adoption of the ordinance providing for their issuance or by reason of their series, number or date of sale, issuance, execution or delivery, or by the liens, pledges, charges, trusts, assignments and covenants made herein, except as otherwise expressly provided or permitted in this ordinance and except as to insurance which may be obtained by the City to insure the repayment of one or more series or maturities within a series. The pledge of the Revenues and of the amounts to be paid into and maintained in the funds and accounts described above in this section to pay and secure the payment of Parity Bonds is hereby declared to be a prior lien and charge on the Revenues and the money and investments in such funds and accounts, subject to provision for the payment of Operating Expenses as provided in Section 6.1(b) of this ordinance, and superior to all other liens and charges of any kind or nature. Parity Bonds shall not in any manner or to any extent constitute general obligations of the City or of the State of Washington, or any political subdivision of the State of Washington, or a charge upon any general fund or upon any money or other property of the City or of the State of Washington, or of any political subdivision of the State of Washington, not specifically pledged thereto by this ordinance. Section 9.2. Rate Covenant - General. The City will establish, maintain and collect rates and charges for electric power and energy and other services, facilities and commodities sold, furnished or supplied through the facilities of the Electric System that are fair and nondiscriminatory and adequate to provide Revenues sufficient, together with other funds legally available therefor, for the punctual payment of the principal of, premium, if any, and interest on the Parity Bonds for which the payment has not otherwise been provided, for all payments that the City is obligated to make into the Bond Account, and for the proper operation and maintenance of the Electric System, and all necessary repairs, replacements and renewals thereof, including the payment of all taxes, assessments or other governmental charges lawfully imposed on the Electric System or the Revenues therefrom, or payments in lieu thereof, and the payment of all other amounts that the City may now or hereafter become obligated to pay from the Revenues by law or contract. Section 9.3. Rate Covenant - Debt Service Coverage. The City will also establish, maintain and collect rates and charges that shall be adequate to provide in each Fiscal Year Net H - 39 Revenues in an amount equal to at least 1.25 times the Annual Debt Service on the then outstanding Parity Bonds in such Fiscal Year. For the purpose of meeting the requirement of this paragraph and pursuant to Section 6.1(c)(ii), (i) there may be added to Net Revenues for any Fiscal Year the amounts withdrawn from the Rate Stabilization Account and deposited in the General Account for such Fiscal Year, and (ii) there must be subtracted from Net Revenues for any Fiscal Year the amounts withdrawn from the General Account and deposited into the Rate Stabilization Account for such Fiscal Year. The City also covenants and agrees to establish, maintain and collect rates and charges that shall be adequate to provide in each Fiscal Year Net Revenues greater than or equal to the Annual Debt Service on the then outstanding Parity Bonds in such Fiscal Year. The failure to collect Revenues in any Fiscal Year sufficient to comply with the covenants contained in this Section 9.3 will not constitute an Event of Default if the City, before the 60th day of the following Fiscal Year: (a) Employs a Professional Utility Consultant to recommend changes in the City's rates that are estimated to produce Revenues sufficient (once the City imposes the rates recommended by the Professional Utility Consultant) to meet the requirements of this section; and (b) Promptly imposes rates at least as high as those recommended by such Professional Utility Consultant. The calculation of the coverage requirements set forth above, and in Section 4.2 of this ordinance, and the City's compliance therewith, may be made solely with reference to this ordinance without regard to future changes in generally accepted accounting principles. If the City has changed one or more of the accounting principles used in the preparation of its financial statements, because of a change in generally accepted accounting principles or otherwise, then an event of default relating to these coverage requirements will not be considered an Event of Default if the coverage requirement ratios would have been complied with had the City continued to use those accounting principles employed at the date of the most recent audited financial statements prior to the date of this ordinance. Section 9.4. Restrictions on Contracting of Obligations Secured by Revenues. Except as otherwise authorized herein, the City will not create any other special fund or funds for the payment of revenue bonds, warrants or other revenue obligations, or issue any bonds, warrants or other obligations or create any additional indebtedness that will rank on a parity with or prior to the charge and lien on the Revenues or properties of the Electric System for the payments into the Bond Account. Section 9.5 Covenant to Maintain System in Good Condition. The City will at all times maintain, preserve and keep, or cause to be maintained, preserved and kept, the properties of the Electric System and all additions and betterments thereto and extensions thereof and every part thereof, in good repair, working order and condition, and will from time to time make, or cause to be made, all necessary and proper repairs, renewals, replacements, extensions and betterments thereto so that at all times the business carried on in connection therewith shall be H - 40 properly and advantageously conducted. The City will at all times operate such properties and the business in connection therewith or cause such properties and business to be operated in an efficient manner and at a reasonable cost. Section 9.6. Covenants Concerning Disposal of Properties of System. The City will not sell, mortgage, lease or otherwise dispose of the properties of the Electric System except as provided in this section. (a) The City will not sell or otherwise dispose of the Electric System in its entirety unless simultaneously with such sale or other disposition, provision is made for the payment, redemption or other retirement of all Parity Bonds then outstanding. (b) Except as provided below, the City will not sell or otherwise dispose of any part of the Electric System unless provision is made for the payment, redemption or other retirement of a principal amount of Parity Bonds equal to the greater of the following amounts: (i) An amount that will be in the same proportion to the net principal amount of Parity Bonds then outstanding (defined as the total principal amount of Parity Bonds outstanding less the amount of cash and investments in the Bond Account) that the Revenues attributable to the part of the Electric System sold or disposed of for the twelve preceding months bears to the total Revenues for such period; or (ii) An amount that will be in the same proportion to the net principal amount of Parity Bonds then outstanding that the book value of the part of the Electric System sold or disposed of bears to the book value of the entire Electric System immediately prior to such sale or disposition. The City is required to comply with the requirements of this subsection (b) only if the proceeds of such sale, lease or other disposition exceed 2% of the value of the net utility plant of the Electric System. (c) The City may sell or otherwise dispose of any part of the Electric System that has become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Electric System, or no longer necessary, material to or useful in such operation, and may also sell or otherwise dispose of street lighting systems now or hereafter owned by the City at a price permitted by law. The proceeds of any such sale or disposition pursuant to this subsection shall be paid into the Bond Account for credit to the Reserve Account to the extent of any deficiency in such Reserve Account, and the balance of such proceeds, if any, shall be deposited in the Electric Fund. (d) Notwithstanding any other provision of this Section 9.6 to the contrary, the City may sell or otherwise dispose of any part of the Electric System if the City obtains a certificate satisfying the requirements of Section 4.2(b) or Section 4.2(c)hereof. Section 9.7. Insurance. The City will either self-insure or, as needed, and to the extent insurance coverage is available at reasonable cost with responsible insurers, keep, or cause to be kept, the Electric System and the operation thereof insured, with policies payable to the City, against the risks of direct physical loss, damage to or destruction of the Electric System, or H - 41 any part thereof, and against accidents, casualties or negligence, including liability insurance and employer's liability, at least to the extent that similar insurance is usually carried by electric utilities operating like properties. In the event of any loss or damage to the properties of the Electric System covered by insurance, the City will apply insurance proceeds either (a) to the cost of replacing or repairing the lost or damaged properties, unless such replacement or repair is not recommended by the Professional Utility Consultant, (b) for deposit into the Electric Fund, (c) to purchase or redeem Parity Bonds, or(d) to acquire or construct extensions and improvements to the Electric System. Section 9.8. Books of Account. The City will keep proper books of account as required by this ordinance in accordance with the rules and regulations prescribed by the Office of the State Auditor of the State of Washington, or other State department or agency succeeding to such duties of the State Auditor's office, and if no such rules or regulations are prescribed, then in substantial accordance with the uniform system of accounts prescribed by the Federal Energy Regulatory Commission or other federal agencies having jurisdiction over electric public utility companies owning and operating properties similar to the electric properties operated by the City, whether or not the City is at that time required by law to use such system of accounts. The City shall cause its books of account to be audited by the Office of the State Auditor or other state agency as may be authorized and directed by law to make such audit, or if the audit is not made within twelve months after the close of any Fiscal Year of the City, then the City shall cause such audit to be made by independent certified public accountants licensed, registered or entitled to practice, and practicing as such, under the laws of the State of Washington who, or each of whom, is in fact independent and does not have any interest, direct or indirect, in any contract with the City other than his contract of employment pursuant to this section and who is not connected with the City as an officer or employee of the City. In keeping the books of account, the City shall accrue depreciation monthly on depreciable properties operated by the City in accordance with the accounting practice prescribed by the uniform system of accounts of the Federal Energy Regulatory Commission above mentioned. The City will furnish a copy of the most recent audit report to any owner of Parity Bonds upon written request therefor. Any owner of Parity Bonds may also obtain at the office of the City copies of the balance sheet and income and expense statements showing in reasonable detail the financial condition of the Electric System as of the close of each Fiscal Year, including the transactions relating to the Electric Fund, the Bond Account, and all other funds and accounts created or maintained pursuant to the provisions of this ordinance. Section 9.9. Covenant Not to Render Service Free of Charge. Except as otherwise permitted by law or City legislation, the City will not furnish or supply or permit the furnishing or supplying of electric energy or any other commodity, service or facility furnished by or in connection with the operation of the Electric System free of charge to any person, firm or corporation,public or private. To the extent permitted by law, the City will promptly enforce the payment of any and all accounts owing to the City and delinquent. Section 9.10. Covenant to Make Only Economically Sound Improvements. So long as the Outstanding Parity Bonds remain outstanding, the City covenants as follows: The City will not expend any money in the Electric Fund or the proceeds of Additional Bonds or other obligations for any renewals, replacements, extensions, betterments and improvements to the H - 42 Electric System that are not economically sound and will not properly and advantageously contribute to the conduct of the business of the City in an efficient and economical manner; provided that the foregoing does not preclude the City from paying any legal or contractual obligations. Section 9.11. Covenant to Pay Bond Principal and Interest Punctually. The City will duly and punctually pay or cause to be paid, but only from the Bond Account, the principal of, premium, if any, and interest on each and every Parity Bond on the dates and at the places and in the manner provided in the Parity Bonds, according to the true intent and meaning thereof, and will faithfully do and perform and fully observe and keep any and all covenants, undertakings, stipulations and provisions contained in the Parity Bonds and in this ordinance and each Supplemental Ordinance authorizing Additional Bonds. Section 9.12. Covenant to Pay Taxes, Assessments and Other Claims. The City will from time to time duly pay and discharge, or cause to be paid and discharged, when the same become due, all taxes, assessments and other governmental charges, or payments in lieu thereof, lawfully imposed upon the Electric System or the Revenues, and all claims for labor and materials and supplies that, if not paid, might become a lien or charge upon the Electric System, or any part thereof, or upon the Revenues, or that might in any way impair the security of the Parity Bonds, except taxes, assessments, charges or claims that the City contests in good faith by proper legal proceedings. Section 9.13. Covenant Regarding Management. So long as the Outstanding Parity Bonds remain outstanding, the City covenants as follows: The City will at all times retain and employ a competent manager for the Electric System who shall be an experienced executive of administrative ability, and all employees or agents of the City who collect or handle money of the City must be bonded by a responsible surety company or companies in amounts sufficient to protect the City adequately from loss. Section 9.14. Further Assurances. The City shall, at any and all times, insofar as it may be authorized so to do, pass, make, do, execute, acknowledge and deliver all and every such further ordinances, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming any and all of the rights, Revenues and other funds hereby pledged or assigned to the payment of the Parity Bonds, or intended so to be, or which the City may hereafter become bound to pledge or assign. Section 9.15. Tax Exemption. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if H - 43 such use had been reasonably expected on the date of delivery of the Bonds to the Underwriter, would have caused the Bonds to be "arbitrage bonds"within the meaning of such term as used in Section 148 of the Code. The City represents that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation. The City covenants that for as long as the Bonds are outstanding, it will not permit: (i) More than 10% of the Net Proceeds of the Bonds to be used for any Private Person Use; and (ii) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (iii) More than five percent of the Net Proceeds of the Bonds are to be used for any Private Person Use; and (iv) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: (1) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (2) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (a) any Private Person Use of the projects described in subsection (iii) hereof or Private Person Use payments described in subsection (iv) hereof that is in excess of the five percent limitations described in such subsections (iii) or (iv) will be for a Private Person Use that is related to the state or local governmental use of the projects refinanced with the Bonds, and (b) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used for the state or local governmental use portion of the projects to which the Private Person Use of such portion of the projects relates. The City further covenants that it will comply with any limitations on the use of the projects refinanced with the Bonds by other than state and local governmental users that are necessary, in the opinion of nationally recognized bond counsel, to preserve the tax exemption of the interest on the Bonds. H - 44 (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of nationally recognized bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. (d) Qualified Tax-Exempt Obligations. The Bonds are deemed designated as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions. ARTICLE X SUPPLEMENTAL AND AMENDATORY ORDINANCES Section 10.1. Amendments Without Consent of Owners. The City may adopt at any time and from time to time without the consent of the owners of any Parity Bonds an ordinance or ordinances supplemental to or amendatory of this ordinance and any Supplemental Ordinance theretofore adopted for any one or more of the following purposes: (a) To provide for the issuance of Additional Bonds pursuant to Article IV hereof, and to prescribe the terms and conditions pursuant to which such Additional Bonds may be issued,paid or redeemed; (b) To add additional covenants and agreements of the City for the purpose of further securing the payment of the Parity Bonds, so long as such additional covenants and agreements are not contrary to or inconsistent with the covenants and agreements of the City contained in this ordinance or any Supplemental Ordinance; (c) To prescribe further limitations and restrictions upon the issuance of Parity Bonds and the incurring of indebtedness by the City payable from the Revenues that are not contrary to or inconsistent with the limitations and restrictions then in effect; (d) To surrender any right, power or privilege reserved to or conferred upon the City by the terms of this ordinance; (e) To confirm as further assurance any pledge under, and the subjection to any lien, claim or pledge created or to be created by, the provisions of this ordinance of the Revenues or of any other money, securities or funds; (f) To cure any ambiguity or defect or inconsistent provision of this ordinance or any Supplemental Ordinance or to insert such provisions clarifying matters or questions arising under this ordinance or any Supplemental Ordinance as are necessary or desirable in the event any such modifications are not contrary to or inconsistent with this ordinance or any Supplemental Ordinance as theretofore in effect; or (g) To modify any of the provisions of this ordinance or any Supplemental Ordinance in any other respect; provided that such modification will not be effective until after the Parity Bonds outstanding as of the date of adoption of such ordinance cease to be outstanding, and any H - 45 Parity Bonds issued under such ordinance must contain a specific reference to the modifications contained in such subsequent ordinance. Section 10.2. Amendments With Consent of Owners. The provisions of this ordinance and of any Supplemental Ordinance may be modified at any time or from time to time by a Supplemental Ordinance, with the consent of owners of Parity Bonds in accordance with and subject to the provisions of Article XII hereof. Written notice of any amendment to this ordinance or any Supplemental Ordinance shall be given to the rating agency then rating the Bonds. ARTICLE XI DEFAULTS AND REMEDIES Section 11.1. Events of Default. The City hereby covenants and agrees with the purchasers and owners from time to time of the Parity Bonds, to protect and safeguard the covenants and obligations undertaken by the City securing the Parity Bonds, that the following shall constitute"Events of Default": (a) If the City defaults in the performance of any obligations with respect to payments into the Electric Fund; (b) If default is made in the due and punctual payment of the principal of and premium, if any, on any of the Parity Bonds when the same become due and payable, either at maturity or by proceedings for redemption or otherwise; (c) If default is made in the due and punctual payment of any installment of interest on any Parity Bond; (d) If the City fails, by any Sinking Fund Requirement Date, to have purchased or redeemed Term Bonds in a cumulative principal amount at least equal to the cumulative Sinking Fund Requirements at such Sinking Fund Requirement Date; (e) If the City defaults in the observance and performance of any other of the covenants, conditions and agreements on the part of the City contained in the Parity Bond Ordinances and such default or defaults continues for a period of 60 days after the City receives from a Bondowners' Trustee or from the owners of not less than 20% in principal amount of the Parity Bonds outstanding, a written notice specifying and demanding the cure of such default; (f) If the City (except as herein permitted) sells, transfers, assigns or conveys any properties constituting the Electric System or interests therein, or any part or parts thereof, or makes any agreement for such sale or transfer (except as expressly authorized by Section 9.6 of this ordinance); (g) If an order,judgment or decree is entered by any court of competent jurisdiction: (i) appointing a receiver, trustee or liquidator for the City or the whole or any substantial part of the Electric System; (ii) approving a petition filed against the City seeking the bankruptcy, arrangement or reorganization of the City under any applicable law of the United States or the State of Washington; or (iii) assuming custody or control of the City or of the whole or any H - 46 substantial part of the Electric System under the provisions of any other law for the relief or aid of debtors and such order, judgment or decree is not vacated or set aside or stayed (or, in case custody or control is assumed by said order, such custody or control is not otherwise terminated) within 60 days from the date of the entry of such order,judgment or decree; or (h) If the City: (i) admits in writing its inability to pay its debts generally as they become due; (ii)files a petition in bankruptcy or seeking a composition of indebtedness under any state or federal bankruptcy or insolvency law; (iii)makes an assignment of the whole or any substantial part of the Electric System for the benefit of its creditors; (iv) consents to the appointment of a receiver of the whole or any substantial part of the Electric System; or (v) consents to the assumption by any court of competent jurisdiction under the provisions of any other law for the relief or aid of debtors of custody or control of the City or of the whole or any substantial part of the Electric System. Section 11.2. Waivers of Default. No delay or omission of the Bondowners' Trustee or of any owner of Parity Bonds to exercise any right or power arising upon the happening of an Event of Default shall impair any right or power or shall be construed to be a waiver of any such Event of Default or to be an acquiescence therein; and every power and remedy given by this Article to the Bondowners' Trustee or to the owners of Parity Bonds may be exercised from time to time and as often as may be deemed expedient by the Bondowners' Trustee or by such owners. The Bondowners' Trustee or the owners of not less than 50% in principal amount of the Parity Bonds at the time outstanding, or their attorneys-in-fact duly authorized, may on behalf of the owners of all of the Parity Bonds waive any past default under the Parity Bond Ordinances and its consequences, except a default in the payment of the principal of, premium, if any, or interest on any of the Parity Bonds. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon. Section 11.3. Bondowners' Trustee. So long as an Event of Default has not been remedied, a Bondowners' Trustee may be appointed by the owners of 20% in principal amount of the Parity Bonds then outstanding, by an instrument or concurrent instruments in writing signed and acknowledged by such owners or by their attorneys-in-fact duly authorized and delivered to such Trustee, notification thereof being given to the City. Any Bondowners' Trustee appointed under the provisions of this Section 11.3 must be a bank or trust company organized under the laws of the State of Washington or the State of New York or a national banking association. The fees and expenses of the Bondowners' Trustee must be borne by the owners thereof and not by the City. The bank or trust company acting as Bondowners' Trustee may be removed at any time, and a successor Bondowners' Trustee may be appointed, by the owners of a majority in principal amount of the Parity Bonds, by an instrument or concurrent instruments in writing signed and acknowledged by such owners or by their attorneys-in-fact duly authorized. The Bondowners' Trustee appointed in the manner herein provided, and each successor thereto, is hereby declared to be a trustee for the owners of all the Parity Bonds and is empowered to exercise all the rights and powers herein conferred on the Bondowners' Trustee. H - 47 Section 11.4. Suits at Law or in EquitX. The Bondowners' Trustee may upon the happening of an Event of Default, and during the continuance thereof, take such steps and institute such suits, actions or other proceedings in its own name, or as trustee, all as it may deem appropriate for the protection and enforcement of the rights of owners of Parity Bonds to collect any amounts due and owing the City, or to obtain other appropriate relief, and may enforce the specific performance of any covenant, agreement or condition contained in the Parity Bond Ordinances, or in any of the Parity Bonds. Any action, suit or other proceedings instituted by the Bondowners' Trustee hereunder shall be brought in its name as trustee for the owners of Parity Bonds, and all such rights of action upon or under any of the Parity Bonds or the provisions of the Parity Bond Ordinances may be enforced by the Bondowners' Trustee without the possession of any of said Parity Bonds and without the production of the same at any trial or proceedings relative thereto except where otherwise required by law, and the respective owners of said Parity Bonds, by taking and holding the same, shall be conclusively deemed irrevocably to appoint the Bondowners' Trustee the true and lawful trustee of the respective owners of said Parity Bonds, with authority to institute any such action, suit or proceeding; to receive as trustee and deposit in trust any sums becoming distributable on account of said Parity Bonds; to execute any paper or documents for the receipt of such money, and to do all acts with respect thereto that the owner might have done in person. Nothing herein contained shall be deemed to authorize or empower the Bondowners' Trustee to consent to accept or adopt, on behalf of any owner of any Parity Bond, any plan or reorganization or adjustment affecting the said Parity Bonds or any right of any owner thereof, or to authorize or empower the Bondowners' Trustee to vote the claims of the owners thereof in any receivership, insolvency, liquidation, bankruptcy, reorganization or other proceeding to which the City shall be a party. Section 11.5. Books of City Open to Inspection. The City covenants that if an Event of Default occurs and is not remedied, the books of record and account of the City will at all times be subject to the inspection and use of the Bondowners' Trustee. The City covenants that if an Event of Default happens and is not remedied, the City will continue to account, as trustee of an express trust, for all Revenues and other money, securities and funds pledged under the Parity Bond Ordinances. Section 11.6. Payment of Funds to Bondowners' Trustee. The City covenants that if an Event of Default happens and is not remedied, the City, upon demand of the Bondowners' Trustee, shall pay over to the Bondowners' Trustee (i) all money, securities and funds then held by the City and pledged under the Parity Bond Ordinances, and (ii) as promptly as practicable after receipt thereof, all Revenues. Section 11.7. Application of Funds by Bondowners' Trustee. During the continuance of an Event of Default, the Revenues received by the Bondowners' Trustee pursuant to the provisions of Section 11.6 shall be applied by the Bondowners' Trustee, first, to the payment of the reasonable and proper charges, expenses and liabilities paid or incurred by the Bondowners' Trustee (including the cost of securing the services of any engineer or firm of engineers selected for the purpose of rendering advice with respect to the sufficiency of the rates and charges for H - 48 power and energy sold, furnished or supplied by the Electric System), and second, in accordance with the provisions of Section 6.1 of this ordinance. If at any time the funds held by the Bondowners' Trustee and the Bond Registrar for the Parity Bonds are insufficient for the payment of the principal of, premium, if any, and interest then due on the Parity Bonds, such funds (other than funds held for the payment or redemption of particular Parity Bonds that have previously become due at maturity or by call for redemption) and all Revenues and other money received or collected for the benefit or for the account of owners of the Parity Bonds by the Bondowners' Trustee shall be applied as follows: First, to the payment to the persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, earliest maturities first, and, if the amount available is not sufficient to pay in full any installment or installments or interest maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, to the persons entitled thereto, without any discrimination or preference; and Second, to the payment to the persons entitled thereto of the unpaid principal and premium, if any, of any Parity Bonds which shall have become due, whether at maturity or by call for redemption, in the order of their due dates, earliest maturities first, and, if the amount available is not sufficient to pay in full all the Parity Bonds due on any date, then to the payment thereof ratably, according to the amounts of principal and premium, if any, due on such date, to the persons entitled thereto, without any discrimination or preference. Section 11.8. Relinquishment of Funds Upon Remedy of Default. If and whenever all overdue installments of interest on all Parity Bonds, together with the reasonable and proper charges, expenses and liabilities of the Bondowners' Trustee and the owners of Parity Bonds, their respective agents and attorneys, and all other sums payable by the City under the Parity Bond Ordinances, including the principal of, premium, if any, and accrued unpaid interest on all Parity Bonds then payable (with interest upon such principal and premium, if any, and, to the extent that payment of such interest is enforceable under applicable law, on overdue installments of interest, at the same rate as the rate of interest specified in the Parity Bonds, to the date of such payment or deposit), shall either be paid by or for the account of the City, or provision satisfactory to the Bondowners' Trustee shall be made for such payment, and all defaults under the Ordinance or the Parity Bonds shall be made good or secured to the satisfaction of the Bondowners' Trustee or provision deemed by the Bondowners' Trustee to be adequate shall be made therefor, the Bondowners' Trustee shall pay over to the City all money, securities, funds and Revenues then remaining unexpended in the hands of the Bondowners' Trustee and thereupon all Revenues shall thereafter be applied as provided in the Parity Bond Ordinances. No such payment over to the City by the Bondowners' Trustee or resumption of the application of Revenues as provided in the Parity Bond Ordinances shall extend to or affect any subsequent default under the Parity Bond Ordinances or impair any right consequent thereon. Section 11.9. Suits by Individual Owners. No owner of any one or more of the Parity Bonds shall have any right to institute any action, suit or proceeding at law or in equity, unless an Event of Default has happened and is continuing, and unless no Bondowners' Trustee has been H - 49 appointed as herein provided, but any remedy herein authorized to be exercised by the Bondowners' Trustee may be exercised individually by any owner, in its own name and on its own behalf or for the benefit of all owners of Parity Bonds, if no Bondowners' Trustee has been appointed, or with the consent of the Bondowners' Trustee if a Bondowners' Trustee has been appointed; provided, however, that nothing in the Parity Bond Ordinances or in the Parity Bonds shall affect or impair the obligation of the City, which is absolute and unconditional, to pay from Net Revenues the principal of and interest on the Parity Bonds to the respective owners thereof at the respective due dates therein specified, or affect or impair the right of action, which is absolute and unconditional, of such owners to enforce such payment. Section 11.10. Remedies Granted in Parity Bond Ordinances not Exclusive. No remedy by the terms of the Parity Bond Ordinances conferred upon or reserved to the Bondowners' Trustee or the owners of the Parity Bonds is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the Parity Bond Ordinances or existing at law or in equity or by statute on or after the date of adoption of the Parity Bond Ordinances. ARTICLE XII AMENDMENTS WITH THE CONSENT OF OWNERS Section 12.1. Amendments. So long as the Outstanding Parity Bonds remain outstanding, amendments to the Parity Bond Ordinances with the consent of owners of Parity Bonds then outstanding shall occur as provided in Sections 12.1 through 12.12. After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, amendments with the consent of owners of Parity Bonds then outstanding shall occur as provided in Section 12.13. The City, the Bondowners' Trustee or the owners of not less than 20% in principal amount of the Parity Bonds then outstanding may at any time call a meeting of the owners of the Parity Bonds. Every such meeting shall be held at a location in New York, New York, or in the City of Seattle, Washington, to be specified in the notice calling such meeting. Written notice of the meeting, stating the location and time of the meeting and in general terms the business to be transacted, shall be mailed to the owners of Parity Bonds by the City, the Bondowners' Trustee or the owners calling such meeting not less than 30 nor more than 60 days before such meeting, and shall be published at least once a week for four successive calendar weeks on any day of the week, the date of first publication to be not less than 30 nor more than 60 days preceding the meeting; provided, however, that the mailing of such notice shall in no case be a condition precedent to the validity of any action taken at any such meeting. The expenses of publication of such notice shall be paid or reimbursed by the City. Any meeting shall, however, be valid without notice if the owners of all Parity Bonds then outstanding are present in person or by proxy or if notice is waived before or within 30 days after the meeting by those not so present. Section 12.2. Notice to Bond Owners. Except as otherwise provided in the Parity Bond Ordinances, any provision in the Parity Bond Ordinances for the mailing of a notice or other paper to owners of Parity Bonds shall be fully complied with if it is mailed by first class mail, postage prepaid, to each Registered Owner of any of the Parity Bonds then outstanding at his or her address, if any, appearing upon the Bond Register; and any provision in the Parity Bond Ordinances for publication of a notice or other matter shall require the publication thereof in The H - 50 Bond Buyer in the City of New York, New York(or in lieu of publication in The Bond Buyer, in a financial publication or journal of general circulation), and also in a daily newspaper printed in the English language and customarily published on each business day and of general circulation in the City of Seattle, Washington. Section 12.3. Proxies, Proof of Ownership of Bonds. Attendance and voting by owners of Parity Bonds at such meetings may be in person or by proxy. Owners of Parity Bonds may, by an instrument in writing under their hands, appoint any person or persons, with full power and substitution, as their proxy to vote at any meeting for them. Officers or nominees of the City may be present or represented at such meeting and take part therein but will not be entitled to vote thereat, except as such officers or nominees are owners or proxies for owners of Parity Bonds. Any Registered Owner of Parity Bonds is entitled in person or by proxy to attend and vote at such meeting as owner of the Parity Bonds registered in his name without producing such Parity Bonds, and such persons and their proxies shall, if required, produce such proof of personal identity as shall be satisfactory to the Secretary of the meeting. All proxies presented at such meeting shall be delivered to the Inspectors of Votes and filed with the Secretary of the meeting. The vote at any such meeting of the owner of any Parity Bond entitled to vote thereat shall be binding upon such owner and upon every subsequent owner of such Parity Bond (whether or not such subsequent owner has notice thereof). Section 12.4. Execution of Instruments. Any request, direction, consent or other instrument in writing required or permitted by the Parity Bond Ordinances to be signed or executed by owners of Parity Bonds may be in any number of concurrent instruments of similar tenor, and may be signed or executed by such owners of Parity Bonds in person or by agent appointed by an instrument in writing. Proof of the execution of any such instrument shall be sufficient for any purpose of the Parity Bond Ordinances if made by either (a) an acknowledgment executed by a notary public or other officer empowered to take acknowledgments of deeds to be recorded in the particular jurisdiction, or (b) an affidavit of a witness to such execution sworn to before such a notary public or other officer. Where such execution is by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such acknowledgment or affidavit shall also constitute sufficient proof of his authority. The foregoing shall not be construed as limiting the City to such proof, it being intended that the City may accept any other evidence of the matters herein stated that it may deem sufficient. Any request or consent of the owner of any Parity Bond shall bind every future owner of the same Parity Bond in respect of anything done by the City in pursuance of such request, direction or consent. The right of a proxy for an owner to act may be proved (subject to the City's right to require additional proof) by a written proxy executed by such owner as aforesaid. H - 51 Section 12.5. Appointment of Officers. Persons named by the City or elected by the owners of a majority in principal amount of the Parity Bonds represented at the meeting in person or by proxy if the City is not represented at such meeting, shall act as temporary Chairman and temporary Secretary of any meeting of owners of Parity Bonds. A permanent Chairman and a permanent Secretary of such meeting shall be elected by the owners of a majority in principal amount of the Parity Bonds represented at such meeting in person or by proxy. The permanent Chairman of the meeting shall appoint two Inspectors of Votes who shall count all votes cast at such meeting, except votes on the election of Chairman and Secretary as aforesaid, and who shall make and file with the Secretary of the meeting and with the City their verified report of all such votes cast at the meeting. Section 12.6. Quorum at Meetings. The owners of not less than the principal amount of the Parity Bonds required for any action to be taken at such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the transaction of business, less than a quorum, however, having power to adjourn from time to time without any other notice than the announcement thereof at the meeting; provided, however, that, if such meeting is adjourned by less than a quorum for more than ten days, notice thereof shall be published by the City at least five days prior to the adjourned date of the meeting. Section 12.7. Vote Required to Amend Parity Bond Ordinances. Any amendment to the provisions of the Parity Bond Ordinances in any particular except the percentage of owners required to approve such amendment, may be made by a Supplemental Ordinance of the City and a resolution duly adopted by the affirmative vote at a meeting of owners of Parity Bonds duly convened and held, or with written consent as hereinafter provided in Section 12.9, of the owners of not less than 66 2/3% in principal amount of the Parity Bonds outstanding when such meeting is held or such consent is given; provided, however, that no such amendment may (a) extend the date of payment of the principal of any Parity Bond or of any installment of interest thereon or reduce the principal or redemption price thereof or the rate of interest thereon or advance the date upon which any Parity Bond may first be called for redemption prior to its fixed maturity date; (b) give to any Parity Bond or Parity Bonds any preference over any other Parity Bond or Parity Bonds secured equally and ratably therewith; (c)reduce the aforesaid percentage of Parity Bonds the owners of which are required to consent to any such ordinance amending the provisions of the Parity Bond Ordinances; or (d) authorize the creation of any pledge prior to or, except as provided herein, on a parity with the pledge afforded by the Parity Bond Ordinances, without the consent of the owner of each Parity Bond affected thereby. Section 12.8. Obtaining Approval of Amendments. The City may at any time adopt an ordinance amending the provisions of the Parity Bond Ordinances to the extent that such amendment is permitted by the provisions of Section 12.7 hereof, to take effect when and as provided in this section. At any time thereafter such ordinance may be submitted by the City for approval to a meeting of the owners of Parity Bonds duly convened and held in accordance with the provisions of the Parity Bond Ordinances. A record in duplicate of the proceedings of each meeting of the owners of Parity Bonds shall be prepared by the permanent Secretary of the meeting and shall have attached thereto the original reports of the Inspectors of Votes and affidavits by a person or persons having knowledge of the facts, showing a copy of the notice of the meeting and setting forth the facts with respect to the mailing and publication thereof under the provisions of the Parity Bond Ordinances. Such a record shall be signed and verified by the H - 52 affidavits of the permanent Chairman and the permanent Secretary of the meeting, and one duplicate thereof shall be delivered to the City. Any record so signed and verified shall be proof of the matters therein stated. If the ordinance of the City making such amendment is approved by an ordinance duly adopted at such meeting of the owners by the affirmative vote of the owners of the required percentages of Parity Bonds, a notice stating that an ordinance approving the amendment has been so adopted shall be mailed by the City to each owner of Parity Bonds who has requested such notice (but failure so to mail copies of such notice shall not affect the validity of such ordinance) and shall be published at least once in the manner provided in Section 12.2 hereof. Proof of such mailing and publication by the affidavit or affidavits of a person or persons having knowledge of the facts shall be filed with the City. Such ordinance of the City making such amendment will be deemed conclusively to be binding upon the City, the Bond Registrar, and the owners of all Parity Bonds at the expiration of 30 days after the publication of the notice provided for in this section, except in the event of a final decree of a court of competent jurisdiction setting aside such ordinance or annulling the action taken thereby in a legal action or equitable proceeding for such purpose commenced within such period; provided that the City and any Bond Registrar during such 30 day period and any such further period during which such action or proceeding may be pending are entitled in their absolute discretion to take such action, or to refrain from taking such action, with respect to such ordinance as they may deem expedient. Nothing in the Parity Bond Ordinances shall be deemed or construed to authorize or permit, by reason of any call of a meeting of owners of Parity Bonds or of any right conferred hereunder to make such a call, any hindrance or delay in the exercise of any rights conferred upon or reserved to the Bond Registrar or the owners of Parity Bonds under any of the provisions of the Parity Bond Ordinances. Section 12.9. Alternate Method of Obtaining Approval of Amendments. The City may at any time adopt an ordinance amending the provisions of the Parity Bond Ordinances, or of any Parity Bonds, to the extent that such amendment is permitted by the provisions of this Article, to take effect when and as provided in this section. Upon adoption of such ordinance, a request that owners of Parity Bonds consent thereto shall be mailed by the City to the owners of Parity Bonds and notice that the City is requesting owners of Parity Bonds to consent to such amendment shall be published at least once in the manner provided in Section 12.2 hereof. Such ordinance shall not be effective unless and until filed with the City are the written consents of the percentages of owners of outstanding Parity Bonds specified in Section 12.7 hereof and a notice is published as hereinafter in this section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Parity Bonds for which such consent is given, which proof shall be such as is permitted by Section 12.3 hereof. A certificate or certificates of the City Clerk that he has examined such proof and that such proof is sufficient will be conclusive that the consents have been given by the owners of the Parity Bonds described in such certificate or certificates. Any such consent shall be binding upon the owner of the Parity Bonds giving such consent and on every subsequent owner of such Parity Bonds (whether or not such subsequent owner has notice thereof). A notice stating that the ordinance has been consented to by the owners of the required percentages of bonds and will be effective as provided in this section may be given to the owners of Parity Bonds by mailing such notice to the owners of Parity Bonds, and must be published at least once in the manner provided in Section 12.2 hereof. A record, consisting of the papers required by this section to be filed with the City shall be proof of the matters therein stated, and the ordinance shall be deemed conclusively to be binding upon the City and the owners of all Parity Bonds at the expiration of 30 days after the notice last provided for in this H - 53 section, except in the event of a final decree of a court of competent jurisdiction setting aside such consent or annulling the action taken thereby in a legal action or equitable proceeding for such purpose commenced within such period. Section 12.10. Amendment of Parity Bond Ordinances In Any Respect by Approval of All Bond Owners. Notwithstanding anything contained in the foregoing provisions of this Article, the rights and obligations of the City and of the owners of the Parity Bonds and the terms and provisions of the Parity Bonds and of the Parity Bond Ordinances may be amended in any respect with the consent of the City, by the affirmative vote of the owners of all said Parity Bonds then outstanding at a meeting of owners of Parity Bonds called and held as hereinabove provided, or upon the adoption of an ordinance by the City and the consent of the owners of all the Parity Bonds then outstanding, such consent to be given as provided in Section 12.9 of this ordinance except that no notice to owners of Parity Bonds either by mailing or publication is required, and the amendment shall be effective immediately upon such unanimous vote or written consent of all of the owners of Parity Bonds. Section 12.11. Bonds Owned by City. Parity Bonds owned or held by or for the account of the City will not be deemed outstanding for the purpose of any vote or consent or other action or any calculation of outstanding Parity Bonds in the Parity Bond Ordinances provided for, and shall not be entitled to vote or consent or take any other action in the Parity Bond Ordinances provided for. Section 12.12. Endorsement of Amendment on Bonds. Parity Bonds delivered after the effective date of any action amending the Parity Bond Ordinances taken as hereinabove provided may bear a notation by endorsement or otherwise as to such action, and in that case, upon demand of the owner of any Parity Bond outstanding at such effective date and presentation of his or her Parity Bond for the purpose at the principal office of the Bond Registrar, suitable notation shall be made on such Parity Bond by the Bond Registrar as to any such action. If the City so determines, new Parity Bonds so modified as in the opinion of the City and its counsel to conform to such action will be prepared, delivered and upon demand of the owner of any Parity Bond then outstanding shall be exchanged without cost to such owner for Parity Bonds then outstanding hereunder, upon surrender of such Parity Bonds. Section 12.13. Amendments. After all of the Outstanding Parity Bonds are fully redeemed, refunded or defeased, amendments with the consent of owners of Parity Bonds then outstanding shall occur as follows: With the consent of the owners of not less than 60% in aggregate principal amount of the Parity Bonds at the time outstanding, the Council may adopt a Supplemental Ordinance(s) for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of any Parity Bond Ordinance; provided, however, that no such amendment may (a) extend the date of payment of the principal of any Parity Bond or of any installment of interest thereon or reduce the principal or redemption price thereof or the rate of interest thereon or advance the date upon which any Parity Bond may first be called for redemption prior to its fixed maturity date; (b) give to any Parity Bond or Parity Bonds any preference over any other Parity Bond or Parity Bonds secured equally and ratably therewith; (c) reduce the percentage of Parity Bonds the owners of which are required to consent to any such ordinance amending the provisions of the Parity Bond Ordinances; or (d) authorize the creation of any pledge prior to or, except as provided herein, on a parity with the pledge afforded H - 54 by the Parity Bond Ordinances, without the consent of the owner of each Parity Bond affected thereby. It shall not be necessary for the consent of owners under this Section 12.13 to approve the particular form of any proposed Supplemental Ordinance, but it shall be sufficient if such consent shall approve the substance thereof. ARTICLE XIII DEFEASANCE Section 13.1. Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Account or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Account for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Bond Account or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. Any such defeased Bonds shall not be included in any computation of the covenants or agreements required herein. The City shall give written notice of defeasance to the registered owners of all Bonds so provided for within 20 days of the defeasance and to each party entitled to receive notice in accordance with Section 15.1 of this ordinance. ARTICLE XIV SALE OF THE BONDS Section 14.1. Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. Market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the Call Date(s) for the refunding of the Refunded Bonds and the final interest rates, aggregate principal amount,principal amounts of each maturity of the Bonds, and redemption rights for the Bonds. The Designated Representative is hereby authorized to approve the Call Date(s) for the Refunded Bonds and the final interest rates, aggregate principal amount,principal maturities, and redemption rights for the Bonds in the manner provided hereafter so long as: (a) the aggregate principal amount of the Bonds does not exceed $3,400,000; (b) the final maturity date for the Bonds is no later than September 1, 2025; (c) the aggregate purchase price for the Bonds shall not be less than 98% of the aggregate stated principal amount of the Bonds, excluding any original issue discount; H - 55 (d) the Bonds are sold for a price that results in a minimum net present value debt service savings over the Refunded Bonds (in the aggregate) of at least 3.00%; and (e) the true interest cost for the Bonds (in the aggregate) does not exceed 3.00%. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Designated Representative shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 14.1 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 14.1. Section 14.2. Delivery of Bonds; Documentation Upon the passage and approval of this ordinance, the proper officials of the City, including the Designated Representative, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the Bond Purchase Contract. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on the Bonds as provided therein, if such insurance is determined by the Designated Representative to be in the best interest of the City. Section 14.3. Preliminary and Final Official Statements The Chief Financial Officer is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Chief Financial Officer is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by him to be appropriate. ARTICLE XV UNDERTAKING TO PROVIDE ONGOING DISCLOSURE Section 15.1. Undertaking to Provide Ongoing Disclosure. This Section 15.1 constitutes the City's written undertaking for the benefit of the owners and Beneficial Owners of the Bonds as required by Section (b)(5) of the Rule. (a) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the MSRB, in accordance with the Rule, the following annual financial information and operating data for the prior Fiscal Year (commencing in 2015 for the Fiscal Year ended December 31, 2014): H - 56 (i) Annual financial statements, which statements may or may not be audited, showing end fund balances for the Electric Fund prepared in accordance with the Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute), and generally of the type included in the Official Statement for the Bonds in the table titled "Electric Fund Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Years Ended December 31"; (ii) The outstanding long-term indebtedness of the Electric System, and any system of the City that provides power or capacity to the Electric System; (iii) Electric System operating data substantially in the form of the tables under the heading "THE ELECTRIC SYSTEM—Historical Customers, Energy Sales, and Energy Revenues"in the Official Statement for the Bonds; (iv) Electric System operating results and debt service coverage on all outstanding Parity Bonds substantially in the form of the table titled "Historical Coverage from Operations For Fiscal Years Ended December 31"in the Official Statement for the Bonds; and (v) Information regarding the Electric System's ten largest customers substantially in the form of the table under the heading "THE ELECTRIC SYSTEM—Largest Customers"in the Official Statement for the Bonds. Items (ii)-(v) shall be required only to the extent that such information is not included in the annual financial statements. The financial information and operating data described above will be provided on or before the end of nine months after the end of the City's Fiscal Year. The City's Fiscal Year currently ends on December 31. The City may adjust such Fiscal Year by providing written notice of the change of its Fiscal Year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross reference to other documents available to the public on the MSRB's intereet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statements prepared in accordance with the Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute)when and if available. (b) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; H - 57 • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856, if material, and tender offers; • Defeasances; • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. (c) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided to the MSRB, in a timely manner, notice of the City's failure to provide the annual financial information described in subsection (a) above on or prior to the date set forth in subsection (a) above. (d) EMMA; Format for Filings with the MSRB. Until otherwise designated by the MSRB or the Commission, any information or notices submitted to the MSRB in compliance with the Rule are to be submitted through the MSRB's Electronic Municipal Market Access system ("EMMA"), currently located at www.emma.msrb.org. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Termination/Modification. The City's obligations to provide annual financial information and notices of listed events shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule requiring that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds; and (ii)notifies the MSRB of such opinion and the cancellation of the provision. Notwithstanding any other provision of this ordinance, the City may amend this Section 15.1 without the consent of owners of the Bonds but with an approving opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this Section 15.1, the City will describe the amendment in the next annual report, and will H - 58 include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (I) notice of such change shall be given in the same manner as for a listed event under subsection (b) above, and (11) the annual report for the year in which the change is made will present a comparison (in narrative form and also, if practical, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (f) Bond Owner's Remedies Under This Section. The right of any owner or Beneficial Owner of Bonds to enforce the provisions of this section are limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking will not be an Event of Default with respect to the Bonds. For purposes of this Section 15.1, `Beneficial Owner" means any person who has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding Bonds through nominees or depositories. ARTICLE XVI MISCELLANEOUS Section 16.1. Ordinance a Contract. This ordinance is adopted under the authority of and in full compliance with the Constitution and laws of the State of Washington, as amended and supplemented. In consideration of the purchase and acceptance of the Parity Bonds by those who hold them from time to time, the provisions of this ordinance and of any Supplemental Ordinance authorizing the issuance of Additional Bonds and of said laws shall constitute a contract with the owner or owners of each Parity Bond, and the obligations of the City and its Council under said acts and under this ordinance shall be enforceable by any court of competent jurisdiction; and the covenants and agreements herein set forth to be performed on behalf of the City shall be for the equal benefit, protection and security of the owners of any and all of said Parity Bonds all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of said Parity Bonds over any others thereof except as expressly provided herein. Section 16.2. Benefits of Ordinance Limited to City, Bond Owners, and Bond Registrar. Nothing in this ordinance, expressed or implied, is intended or shall be construed to confer upon or give to any person or corporation other than the City, the Bond Registrar, and the owners from time to time of the Bonds any rights, remedies or claims under or by reason of this ordinance or any covenant, condition or stipulation thereof, and all the covenants, stipulations, promises and agreements in this ordinance contained by or on behalf of the City shall be for the sole and exclusive benefit of the City, the Bond Registrar, and the owners from time to time of the Bonds. Section 16.3. Lost or Destroyed Bonds. If any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, maturity and tenor to the Registered Owner upon such Registered Owner's paying the expenses and charges of the Bond Registrar and the City in connection with preparation and authentication of the replacement Bond or Bonds and upon his or her filing with the Bond Registrar and the City H - 59 evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership, and upon furnishing the City and the Bond Registrar with indemnity satisfactory to both. Section 16.4. Severability. If a court of competent jurisdiction declares that any one or more of the covenants and agreements in this ordinance to be performed by the City are contrary to law, then such covenant or covenants, agreement or agreements, will be null and void and will be deemed separable from the remaining covenants and agreements in this ordinance and will in no way affect the validity of other provisions of this ordinance or of the Bonds. Section 16.5. Prior Acts. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified and confirmed. Section 16.6. Effective Date of Ordinance. This ordinance will become effective five (5) days from and after its passage and publication. PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting of the Council held on January 6, 2015. CITY OF PORT ANGELES, WASHINGTON Mayor ATTEST: City Clerk APPROVED AS TO FORM: Pacifica Law Group LLP, Bond Counsel PUBLISHED: , 2015 H - 60 CERTIFICATE I, the undersigned, City Clerk of the City of Port Angeles, Washington, DO HEREBY CERTIFY: 1. That the attached is a true and correct copy of Ordinance No. (the "Ordinance") of the City, duly passed at a regular meeting of the City Council (the "Council") of the City held on January 6, 2015. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 61' day of January, 2015. City Clerk H - 61 ORT ; NGELES W A S H [ N G T O N, U. S. A. � Hr 000000diiih0000u CITY COUNCIL MEMO DATE: January 6, 2015 To: CITY COUNCIL FROM: Craig Fulton, P.E., Director of Public Works and Utilities SUBJECT: Combined Sewer Overflow Phase 2, Project WWIO-2008 Front Street Stormwater Separation Project, Project WWO1-2011 Summary: The Combined Sewer Overflow (CSO) Phase 2 project is part of the City's approved CSO Reduction Program. The project will reduce combined sewer overflows to the Port Angeles Harbor according to the terms of Agreed Order 3853 from the Washington State Department of Ecology (Ecology). Also included in this contract, is a project to construct stormwater mains on Front Street to separate stormwater from the wastewater system. Bids were opened on December 19, 2014 with six contractors submitting bids. TEK Construction, Inc., from Bellingham, Washington was the low responsible bidder. Recommendation: Approve and authorize the City Manager to: 1) award and sign a construction contract with TEK Construction for CSO Phase 2, Project WW10-2008 and the Front Street Stormwater Separation Project, Project WW01-2011,in the base amounts of $14,867,854.57 and $330,928.00 respectively, for a total contract amount of $15,198,782.57 including applicable taxes, and to make minor modifications to the contract, if necessary; and 2) issue change order(s) to the contract in an aggregate amount not to exceed the available contingency of $968,305.00 for project WW10-2008 and $16,550 for project WW01-2011, provided that each individual change order to the contract does not exceed $200,000.00 without City Council approval and that the City Manager report change order(s) to City Council in its next regularly scheduled bi-monthly contract report; and 3) approve extending the collection of CSO rate revenues at the current rate for the repayment of CSO loans for three and a half additional years to midway through 2033; or direct staff to present a rate increase for the CSO rate revenues during public hearings for the 2016 rate adjustments, currently anticipated to increase the monthly cost by approximately $4.19 per month per account, and for the repayment period to remain at its current scheduled completion through the year 2029. G:ACNCLPKT\PACKET ITEM S\2015\CC0106\Award CSO Phase 2 Construction Contract Project WW10-08.docx J - 1 January 6,2015 City Council Re: CSO Phase 2,WWI 0-08,Front Street Storrawater Separation Project,WWO1-11 Page 2 Background/Analysis: The existing aged infrastructure of Pump Station 4 will be replaced in its entirety with a new pump station with increased capacity capable of meeting the increased flow requirements necessary to prevent combined sewer overflow events. In addition, the new force mains constructed as part of the CSO Phase 1 project will be extended from Oak Street along Front Street and connect into the new pump station. In addition, a new gravity diversion sewer to convey wastewater flow directly from CSO 008 will be constructed. This gravity main will be placed on Lincoln Street from Second Street to Front Street, and then along Front Street to the newly constructed pump station 4. Lastly, a new stormwater main will be installed in Front Street to separate stormwater from the wastewater system. This will relieve the combined sewer system for up to approximately 1 million gallons per day (MGD) with additional separations possible in future projects in the downtown area of an additional 1.9 MGD. Both projects were bid concurrently with the bid opening on December 19, 2014. Six contractors submitted bids resulting in TEK Construction, Inc., as the low responsible bidder. The bid results are summarized in the following table: Company Base Bid Ranking TEK Construction, Inc., Bellingham, WA $15,198,782.57 1 Stellar J Corporation, Woodland, WA $15,601,948.40 2 James W. Fowler General Contractors, Dallas, OR $15,620,666.80 3 IMCO General Construction, Ferndale, WA $16,672,417.50 4 McClure and Sons, Inc, Mill Creek, WA $17,998,022.00 5 Natt McDougall Company, Tualatin, OR $18,530,275.40 6 Engineer's Estimate $13,650,000.00 As it pertains in this contract, the City Manager would normally be able to issue change orders only up to a cumulative of $100,000 without specific City Council approval. However, due to the amount of construction assets and work-crews that will be mobilized for this large of an effort, this low amount poses substantial risk to the City that work could be interrupted with large delay claims because of not having timely change orders in place. Consequently, a larger limit would be prudent for this contract. It is recommended that the City Manager be authorized to issue change order(s) in an aggregate amount of the contingency that has been budgeted, provided that each individual change order to the contract does not exceed $200,000.00 without City Council approval. There is an increase from the previous CSO program cost forecast due to a change in the tax status from Rule 171 taxation to Rule 170 taxation (CSO Phase 1) and due to bids coming in higher than the Engineer's estimate. The total CSO program cost is now projected to be $46,366,390. This projection also includes preliminary CSO studies from 2005 through 2008 in the amount of$1,538,342, which had not previously been included in Public Works and Utilities Department program estimates. Funds in the amount necessary for the award amount of the CSO Phase 2 Project and the 6.5% contingency amount are available from the CSO fund accumulated through rates and a $12 million State Revolving Fund (SRF) loan. Funds for the Front Street G:ACNCLPKT\PACKET ITEMS\2015\CC0106\Award CSO Phase 2 Construction Contract Project WW10-08.docx J - 2 January 6,2015 City Council Re: CSO Phase 2,WWI 0-08,Front Street Storrawater Separation Project,WWO1-11 Page 3 Stormwater Separation Project are available from funds accumulated through wastewater utility rates for the Infiltration and Inflow (I&I) reduction program. A detailed funding sheet from the Finance Department is attached with this memorandum. The original schedule for CSO rate adjustments had planned increases of $2.50 per month per account in 2013 and $2.60 per month per account in each of years 2014 and 2015 for a total increase of $7.70. These three increases were deferred, contemplating just doing a final adjustment nearer to the end of construction. At this time, that planned adjustment, if the current loan repayment schedule through 2029 is maintained, is approximately $4.17 per month per account, $3.53 per month per account less than what was originally projected as needed rate increases. Staff has recently considered an alternative to having this final rate adjustment. If the current CSO rate is maintained for an additional three and a half years, to midway through 2033, this final rate increase can be avoided. Staff is recommending that this alternative to extend the CSO rate period to midway through 2033 be approved by City Council in order to relieve current ratepayers from this increase. In addition, Staff is recommending award of these projects in the bid amounts as well as increasing the authority of the City Manager to issue change orders. G:ACNCLPKT\PACKET ITEMS\2015\CC0106\Award CSO Phase 2 Construction Contract Project WW10-08.docx J - 3 Costs or TOTAL Resources-- Detail COMBINED SEWER OUTFLOW- US0601 Construction Phase I: IMCO Phase 1 16,583,052 Ri.alo 1/0Ri.alo to Lu,^Ijoald d1rocily to I)OR 1,392,9/6 Total construction 17,976,028 Construction Mgmt/Design Phase 1: Vanir 1,787,611 Farallon 328,209 Brown and Caldwell 4,765,802 Total Mgmt/Design 6,881,622 Other Construction/Land/Permits/Etc Richard Phillips Marine,Inc 504,537 Berger/Abam 20,900 Land and Tank purchase 996,768 Moss-Adams F27399 21,095 Other charges 3,864 Other Charges 1,547,164 Total Phase 1 26,404,814 COMBINED SEWER OUTFLOW- PHASE 2 WWI 008 Construction Mgmt/Design Phase 1: Brown&Caldwell 2,627,327 f oss I1roan n&CalAan%dl lo\A/\A/0I 1 1 1&I i"odud on Vanier 1,563,726 Olympic Clean Air Agency&Misc 1,598 4,125,417 Construction Phase 2: conslriarllon 11I1 s I nghwors 01.1glnsl Is'1 1/1,4.60,8/4 oss Conlrad to\A/\A/0I 1 1 1&I i"octiasllon (v1./,z1/r,) fiincr aso Isn,r I.r1A conlingoincy 968,301) 15,836,159 Total Phase 2 19,961,576 TOTAL PROJECT EXPENDITURES 46,366,390 Not included in the above analysis are internal costs,including labor and misc vehicle costs. Based on new spending requirements for the DOR rule 170 estimate and the increase in bids the amount the city will need in additional funding provides 2 alternatives: Alternative#I -raise rates by$4.19 per location in 2016,ending in 2029 Alternative#2-do not raise the rate in 2016,but extend the payback by 3.5 years Both options keep the cash flow at the required levels with a small cushion for potential increased spending. If interest earning rates continue to climb the number of years for payback will decrease. The current rate is calculated at 0.8%per annum. 11:1,uasu,ce Ana lllysfis Sur nr na ry: Iri( rona o�lk)r 1ho I1)(DIP Pdo 1/1 nlun\:1 will'i n lii\:hor hid 11hon(:111-111( iri( rontio lho noo(� Ior'I":.iin(fln(1. Iwo u/-)Iluris or linnn(::iri\/nro iri( Iadod nhuvo J - 4 PROJECT # WWO111 Costs or TOTAL W O# Resources-- Detail SANITARY SEWER I&1 2012 Actual 3,514 2013 Actual 14,524 2014 From 1008 CSC contract 341,418 2014 From US1008 Brown rind Sul N ll contract 61,234 2014 Remaining Engineers estimate 35,288 2015 Engineers estimate 300,000 2016 Engineers estimate 325,000 2017 Engineers estimate 325,000 2018 Engineers estimate 325,000 2019 Engineers estimate 350,000 TOTAL PROJECT EXPENDITURES 2,093,038 PROJECT FUNDING PLAN(RESOURCES): 2013 Actual From rates 18,038 2014 From Rates 450,000 2015 From Rates 300,000 2016 From Rates 325,000 2017 From Rates 325,000 2018 From Rates 325,000 2019 From Rates 350,000 TOTAL PROJECT RESOURCES/FUNDS 2,093,038 Funding to Identify - J - 5 q i • / GELS „m^�(�I���J11Ulllllll%lp� W A S H I N G T O N, U. S. A. w_ m , nv ""°°.....11111111111111°' CITY COUNCIL MEMO DATE: January 6, 2014 To: CITY COUNCIL FROM: Craig Fulton, P. E, Director of Public Works &Utilities SUBJECT: Brown & Caldwell Professional Services Agreement Amendment 20, Construction Engineering -- CSO Phase 2, Project WW10-08 and Front Street Stormwater Separation, Project WW01-11 Summary: The design is complete for the Combined Sewer Overflow (CSO)Phase 2 Project and Front Street Stormwater Separation project. The contract has been advertised and bids were opened on December 19. As Design Engineer of Record, Brown and Caldwell's services are required during the construction phase, which is scheduled to last sixteen months, until May 2016. The cost of construction support services is estimated to be $605,629 which will be paid by reallocating savings in the current design budget; the maximum compensation of the engineering contract for CSO Phase 2 will remain unchanged at $2,627,327. Recommendation: Approve and authorize the City Manager to sign Amendment 20 to the Professional Services Agreement with Brown and Caldwell for Engineering Services during construction, for no additional cost. Background/Analysis: The CSO Phase 2 project design began in February 2013 and the design and final contract documents were completed this year, well under budget. No additional funds need to be added to Brown & Caldwell's existing contract at this time to fund their engineering services during construction. The proposed contract amendment describes additional tasks, and reallocates unspent budget from the design phase. The CSO Phase 2 project is the final phase of the City's CSO Reduction program approved by Ecology. This project will reduce CSOs into the Port Angeles Harbor in compliance with the terms of Agreed Order 3853. Two CSO locations will be completely eliminated, and the remaining locations along the waterfront will discharge less than once every three years, according to Brown & Caldwell's hydraulic modeling. CSO Phase 2 includes the replacement of Pump Station 4, the completion of the new force mains partially constructed in Phase 1, and a new influent sewer to divert flows from the existing Pump Station 4 directly across Marine Drive to the new pump station. CSO Phase 2 also includes a gravity diversion sewer(Front Street Diversion Sewer) to convey wastewater flow directly from CSO 008 (located under Lincoln Street between the Carnegie Museum and First Street), to eliminate overflows to Peabody Creek. A second project, Front Street Stormwater Separation,provides for the construction of a new storm drain system on Front Street between Marine Drive and Oak Street to J - 6 January 6,2015 City Council Re: CSO Phase 2 Construction Engineering—Brown&Caldwell PSA Amendment No.20 Page 2 enable the separation of stormwater from the wastewater mains. The project was authorized by Council in November 2013. Designing and constructing the two projects together was a strategic decision, in order to provide significant economies in the costs of design, excavation, and street repair. The two projects were bid together and bids were opened on December 19, 2014. Construction will commence in early 2015 and is scheduled to last sixteen months. As Design Engineer of Record, Brown and Caldwell has an important role to play during the construction phase. The scope of work for Brown and Caldwell's design team during construction includes: Construction Engineering Services • Review of contractor submittals on proposed material components of the improvements, • Interpretation of design intent when questions might arise, • Evaluation of proposals for substitutions or for changing the design • Site visits, observations of construction work completed • Participation in final commissioning of the systems • Preparation of the final O&M manuals Brown and Caldwell will provide field and office engineering services to the City during construction of the Phase 2 CSO improvements. Toward the completion of construction, the design engineer will assist with systems start up and commissioning, and provide engineering support during the testing phase by responding to questions that may arise in regard to design intent and system performance. The Operations and Maintenance Manual created during Phase 1 will be updated to include the Phase 2 systems and components. Training for City operations staff, through an on-site workshop forum, will be provided to familiarize operators with the CSO reduction systems, components, and how to control them, including the overflow control strategy. The subconsultants on the design team are Shannon & Wilson (geotechnical design), Conley Engineering (electrical and instrumentation & control design), ESA (environmental consulting), and Lindberg & Smith Architects. They will provide engineering support during construction in the areas of their expertise and design responsibilities. The proposed Construction Engineering Services tasks and budgets are summarized in the table below. Table 1: Construction Engineering Tasks and Budget TASK DESCRIPTION AMOUNT Task 22.1 Engineering Services, CSO Phase 2 $463,853 Task 22.2 Engineering Services, Front St. Stormwater $20,000 Task 22.3 Equipment/System Performance & $4,648 Operational Testing & Commissioning Task 22.4 Training and O&M Manual $58,894 Task 22.5 Project Management $58,234 TOTAL $605,629 The current Phase 2 design contract with Brown and Caldwell has a not to exceed limit of $2,627,327. Payments to date and anticipated payments to the close of the design phase show a remaining budget (a design savings)in the approximate amount of the value of construction support J - 7 January 6,2015 City Council Re: CSO Phase 2 Construction Engineering—Brown&Caldwell PSA Amendment No.20 Page 3 services. Hence there is no cost for this contract amendment. Construction Engineering Services are a planned element of project execution. At the December 9, 2014 meeting, the Utilities Advisory Committee recommended that City Council approve, and authorize the City Manager to sign, Amendment 20 to the Professional Services Agreement with Brown and Caldwell. The cost of construction support services is estimated to be $605,629 which will be paid by reallocating savings in the current design budget; the maximum compensation of the engineering contract for CSO Phase 2 remains unchanged at $2,627,327. N:ACCOUNCIL\FINAL\CSO Phase 2 Construction Engineering-Brown&Caldwell PSA Amendment No.20.docx J - 8 PUBLIC WORKS CONTRACT STATUS REPORT October 2014 / December 2014 (COSTS SHOWN INCLUDE APPLICABLE TAXES) ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL BUDGET ORIGINAL PRIOR OCT. & NOV. REVISED PROJECT TITLE CONTRACT CHANGE CHANGE CONTRACT (Construction) AMOUNT ORDERS ORDERS AMOUNT 2012 SCADA System Upgrade-Replacement $730,103.00 $570,102.70 $147,920.76 $0.00 $718,023.46 (PSA 2012-09/WWO210) Landfill Cell $15,983,577.00 $13,086,625.62 Stabilization (SW02-12) $1,120.85 $67,100.54 $13,154,847.01 Washington to I-Street Transmission Line $200,000.00 $198,053.30 $0.00 $0.00 $198,053.30 Upgrades (CL02-2010) Eclipse Feeder Upgrade— Phase II—Fairmont East $240,000.00 $235,895.74 $0.00 $0.00 $235,895.74 UG (CLO1-2006) Waterfront Development Project—Phase II Part 2 $3,626,583.02 $334,035.79 ODT Trail West (TR02- $0.00 $0.00 $334 035.79 2003 ) 4t' Street Stormwater Improvements (DR03- $1,699,911.00 $1,125,307.65 $0.00 $31,945.00 $1,157,252.65 2009) City Hall South Parking $104,911.69 $104,911.69 Lot Repairs (GGO1-10) $0.00 $0.00 104 911.69 Peabody Street Pavement $95,000.00 $89,525.00 Repairs (ST-14-023) $0.00 $0.00 $89,525.00 R OMC Alternate Power $110,000.00 $99,728.00 Source (WF-186468) $0.00 $0.00 $99,728.00 OMC Upgrade Overhead $54,800.00 $52,152.44 (CL08-2007) $0.00 $0.00 $52152.44 Tumwater Truck Route Sewer Extension $149,500.00 $142,265.00 $0.00 $0.00 $142,265.00 (WW02-2014) PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL WORKS ROSTER CONTRACTS UNDER$25,000 AWARDED IN LAST 30 DAYS (QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST'S OFFICE) CONTRACTOR CONTRACT/ DESCRIPTION DATE AMOUNT OR VENDOR PO # AWARDED *Cascade Water WA-14-031 Scriber Fire Pump Station Valve Nov. 18, 2014 $4,108.36 Systems Corp I Rebuild *Lakeside Industries ST-14-026 Whidby Avenue Asphalt Repair Oct. 03, 2014 $17,975.00 *Andy Schwartz PK-14-029 Civic Field Light Pole Repair Nov. 17t', $7,720.12 Construction 2014 *Small Works Roster Contract M - 1 UPCOMING PUBLIC WORKS CONTRACTS (NEXT 60 DAYS; ESTIMATED DATES SHOWN) PROJECT ADVERTISE FOR BIDS BID OPENING START CONSTRUCTION END CONSTRUCTION TITLE None M - 2 PUBLIC WORKS GRANT & LOAN STATUS REPORT October 2014 — December 2014 PROJECT PROJECT GRANT/LOAN GRANT MATCH AWARD DESCRIPTION COST SOURCE&COST LOAN DATA LISTING STATUS Power Systems None at this time Stormwater Stormwater $1,448,186 DOE $1,000,000 May 2012 Project is Retrofit and Low FY 2011 Proviso DOE substantially Impact Grant $333,334 complete as of Development Grant Required City December 3, Match 2014. Punch $154,852 City list items other costs remain. (flood control) City of Port $170,000 DOE Local No match August Underway. Project Angeles Toxics Control required 2013 completion Stormwater Account scheduled for Capacity Grant January 31,2015 DOE FY 2012 $162,750 from Peabody Water Quality Supplemental DOE; $54,000 March Agreement at Grant $250,000 Statewide minimum City 2014 Ecology waiting Stormwater Grant match final signature. Program Engineering CSO Phase 1 Projects, $24,797,000 PWTF Loan Loan @ 0.5%int.; April 2007 Closeout Design&Construction $1,875,000 15%match Loan @ 0.5%int.; CSO Phase 1 Projects, $24,797,000 PWTF Loan 15%match;may May 2008 Closeout Design&Construction $10,000,000 use SRF loan as match $19,955,709 DOE SRF CSO Phase 1 Projects, (construction Construction Loan Loan @ 2.6%int.; Jan.2011 Closeout Construction no match required only) $10,000,000 M - 3 PROJECT PROJECT GRANT/LOAN GRANT MATCH AWARD DESCRIPTION COST SOURCE&COST LOAN DATA LISTING STATUS DOE State Revolving Fund Loan at 2.7% CSO Phase 2 Projects, $19,024,031 (SRF)Construction interest;no match June 2014 City signed final Design&Construction loan agreement Loan required $12,000,000 Lauridsen Blvd Bridge $5,971,031 BRAC Grant $4,776,825 grant Nov 2010 Closeout Replacement $1,194,206 City Solid Waste 2013-2015 Waste Reduction,Recycling, $225,000 DOE Coordinated $168,750 grant Oct 2013 Ongoing Moderate Risk Waste Prevention Grant $56,250 City Disposal Interagency $3,999,100 Agreement is Landfill Bluff Cell finalized. Stabilization $21,249,693 Agreement with Financial NA Construction is C DOE Assistance underway. Landfill Bluff Cell Public Works Board $7,000,000 loan at Expected Applied May 16, Stabilization $21,249,693 (PoW�B)Construction 2.55%interest July 2015 2014 List of Acronyms BRAG: Bridge Replacement Advisory Committee BPA: Bonneville Power Administration DOE: Department of Ecology DWSRF or SRF Drinking Water State Revolving Fund or State Revolving Fund NOANet Northwest Open Access Network NOSC North Olympic Salmon Coalition PASD Port Angeles School District PSP Puget Sound Partnership PWB: Public Works Board,administers the PWTF Program PWTF: Public Works Trust Fund RCO: Recreation and Conservation Office SRF: Salmon Recovery Funding TIB,AIP or PSMP: Transportation Improvement Board,Arterial Improvement Program or Pedestrian Safety and Mobility Program WSDOT: Washington State Department of Transportation M - 4 MINUTES PLANNING COMMISSION Port Angeles,Washington 98362 November 12, 2014 6:00 p.m. ROLL CALL Members Present: Nancy Powers, Duane Morris, Thomas Davis, David Miller, Scott Headrick, George Reimlinger, Brian Hunter Members Absent: One vacancy Staff Present: Sue Roberds, Ben Braudrick Public Present: Paul Herek, Sandra Miller, Dan Baliban PLEDGE OF ALLEGIANCE Chair Headrick opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES Commissioner Morris moved to approve the October 22, 2014, regular meeting minutes. The motion was seconded by Commissioner Reimlinger, and passed 5-0 with Commissioner Hunter abstaining due to absence from that meeting. FACADE AND SIGN GRANT APPLICATIONS: Assistant Planner Braudrick reviewed the two proposals for grant funding with use of a Power Point. Chair Headrick opened the public hearing regarding the two grant applications. Wenger Building: Sandra Miller — 331 West First Street — clarified that the proposal does not include awnings. The proposal is for opening awning windows. Building colors were suggested by the Downtown Association many years ago when the building was repainted. The property owner is open to new color suggestions. The grant funds will be to install windows. Commissioner Duane Morris began a discussion relative to the current building color and the faux rock treatment on the building exterior. In order to support a significant public investment in the building, he would need to know that the property owner would go further than just installing windows, and that the exterior color/faux rock would be improved upon. In response to Ms. Miller, Commissioner Morris said the least he would like to see is that the building be painted a color more sensitive to the area and that the the/brick treatment be upgraded or removed completely as it is applied over the original brick material. There was a general consensus to these points expressed by other Commissioners. M - 5 Planning Commission Minutes November 12,2014 Page 2 Ms. Miller noted that, as the building owner's representative and agent, she would hope that the proposed improvements will be the first in a series of upgrades to the exterior and interior of the building that would result in a solid tenant. The building has been vacant over 5 years. Lazy Moon Tavern: Paul Herek—130 South Lincoln Street. Paul Herek represented the proponent. He designed the sign to have a period look and is hoping that another sign further north on the same long building frontage will eventually have similar signage. A building permit has been applied for to install the sign. The sign is not lit but if desired, lighting may be provided for the signage from the building in future phases of building upgrades. Phase II of the remodel will provide infill for the awning so full frontage awning coverage will be achieved along the building frontage. The Commissioners expressed approval of the upgrade progress and improvements thus far, noting that an earlier facade improvement had been approved for the north portion of the same building. A consensus was reached that the proposal was a continuing improvement to the building. Commissioner Reimlinger moved to approve the Lazy Moon grant application in an amount of$957.05. The motion was seconded by Commissioner Morris and passed 6—0. Chair Headrick closed the public hearing. Commissioner Miller moved to approve the Wenger Building grant application for $9,351.50. Commissioner Reimlinger seconded the motion that passed 5 — 1 with Commissioner Morris voting in the negative. Commissioner Morris voting against the motion because of a lack of assurance that further improvements to the building would result in the color and exterior appointments of the structure being brought more in line with colors and exterior siding treatments that present a more upgraded, coordinated streetscape. COMMUNICATIONS FROM THE PUBLIC None STAFF REPORTS Planning Manager Sue Roberds noted that there would not be a November 26 meeting and wished everyone a good Thanksgiving. REPORTS OF COMMISSION MEMBERS Commissioner Miller will miss December meeting. Commissioner Morris noted that it appears that people are getting used to the back-in only parking along Railroad Avenue. M - 6 Planning Commission Minutes November 12,2014 Page 3 ADJOURNMENT The meeting adjourned at 6:45 PM Sue Roberds, Secretary Scott Headrick, Chair PREPARED BY: S.Roberds M - 7 • / NGELES 0111' �� W A S H I N G T O N, U. S. A. '6.............Au m CITY COUNCIL MEMO Date: January 6, 2015 To: CITY COUNCIL From: Craig Fulton, P.E., Director of Public Works &Utilities Subject: City Clerk, Police Department, and Mechanical Remodel—Project No. PD01- 2011 and IT03-2011, Professional Services --Agreement Time Extension Clarification Summary: Council approved Amendment 3 for the subject contract on May 6, 2014, which included a time extension to December 31, 2014 in the Council Memo. The date in the memo was in error and should have read December 30, 2015. The actual contract amendment was signed with a date of December 30, 2015. This memo is to update the Council on the time extension error. The contract amendment is to Lindberg and Smith Architects for a Professional Services Agreement to provide electrical and HVAC design for improvements to the information technology (IT) facilities in the City Hall Data Center and Police Department. In addition, the amendment provides for post-award design services during construction. Recommendation: None. Information only. Background/Analysis: Amendment 3 provided funding for the design of additional electrical upgrades requested by PENCOM and IT in order to provide Uninterrupted Power Systems (UPS). These UPS units provide near-instantaneous protection from input power interruptions by supplying energy stored in batteries and super-capacitors. The time extension in the May 6, 2014 Council memo was incorrect and should have read December 30, 2015 rather December 31, 2014. The time extension into 2015 was required for the A&E to perform post-award construction services and technical oversight during the construction period. Per City Financial Policy 8.22.4, the City Manager or designee may authorize and sign change orders for amendments that extend time for performance. This memo is to inform Council of the May 6, 2014 memo error, and provide the correct time of performance for the subject Professional Services agreement. Recommendation: None. For Council information only N:ACCOUNCIL\FINAL\City Clerk,Police Dept.,and Mechanical Remodel,Projects PDOl-2011 and IT03-201 1.docx M - 8