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HomeMy WebLinkAboutAgenda Packet 09/20/2016 P RT NGELES CITY COUNCIL MEETING 321 East 51' Street was ►► ► N G r o N, U. S. A. September 20, 2016 .............P SPECIAL MEETING - 5:00 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 5:00 P.M. —Executive Session under authority ofRCW 42.30.110(1)(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 1. Constitution Week Proclamation C. PUBLIC COMMENT— The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner.At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period.Individuals may speak for three(3) minutes or less, depending on the number of people wishing to speak.If more than 20 people are signed up to speak, each speaker may be allocated two(2) minutes. (Council Rules of Procedure Section 12). D. LATE ITEMS— To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. CONSENT AGENDA/Approve 1. City Council Minutes: September 6, 2016.......................................................................................................................E-1 2. Expenditure Report:From August 27, 2016 to September 9, 2016 in the amount of$3,701,429.08...............................E-8 3. 2016 Sanitary Sewer and Stormdrain Cleaning and Video Inspection,Contract SVC-2016-23.....................................E-28 4. 2016—2017 Urban Forestry Restoration Cooperative Agreement.................................................................................E-30 5. Annual Support Agreement for PenCom CAD System...................................................................................................E-41 6. 2014 WSDOT Pedestrian and Bicycle Safety Grant—TR 01-04/Grant Acceptance....................................................E-51 F. PUBLIC HEARINGS (6:30 P.M. or soon thereafter) 1. Medic 1 Ambulance Transport Rate Adjustment/ Conducted Second Reading/Adopt Ordinance...............................F-1 G. ORDINANCES NOT REQUIRING PUBLIC HEARINGS..........................................................................None H. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS.......................................................................None Mayor to determine time of break/Hearing devices available for those needing assistance. September 20,2016 Port Angeles City Council Meeting Page - 1 L OTHER CONSIDERATIONS 1. Notice to Water Utility Customers/Discussion..............................................................................................................I-1 2. Engagement Letters from Foster Pepper and Cascadia Law ...........................................................................................I-3 3. Vertigo Marketing/15-minute presentation J. CONTRACTS & PURCHASING 1. Downtown Sidewalk&Tree Well Repair,ProjectPK13-031 /Award Contract............................................................J-1 K COUNCIL REPORTS L. INFORMATION City Manager Reports: 1. Port Angeles Police Department Downtown 60-day Update/ Verbal Report 2. Update on Stage 2 Water Shortage Declaration/ Verbal Report 3. August Building Report...................................................................................................................................................L-1 4. PenCom-JeffCom Regionalization Update......................................................................................................................L-2 5. Public Comment Timer/ Verbal report before Public Comment M. SECOND PUBLIC COMMENT— The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner.At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the firstPublic Commentperiod and shall be concluded not later than 9:45 for the second Public Commentperiod. Individuals may speak for three(3) minutes or less, depending on the number of people wishing to speak.If more than 20 people are signed up to speak, each speaker may be allocated two(2) minutes. (Council Rules of Procedure Section 12). 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. September 20,2016 Port Angeles City Council Meeting Page -2 City Council Meeting September 20, 2016 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles resident Print Name Clearly Address or business owner? Topic Yes or No ick Ge5.36 . / 1g ��� e or No a r/<a,jAO �> eke '53S• lea e es or No k°' 1027 �� 14v-e e or No - ' ,c�� Yes or No Tel 6 1-111 Yes Yes orNo Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Page I My name is Troy Mann and 1 am the owner of Fitness West located at 114 S Lincoln St. Sorry I am unable to attend the meeting tonight but I have previous commitments with youth sports that take priority. I would like to express my concerns in regards to the situation involving 2"d street and parking on Lincoln St. It is my opinion that the poor planning and execution of this project could have been prevented and I would like to continue the communication in order to devise a plan that can be agreeable to the majority. I would really be disappointed if this issue gets swept under the rug and was not addressed. As a business owner in this area I feel that we should be building bridges with the city and we should be working together to create a better environment. Please do not ignore this issue since it is quite obvious multiple community members and businesses are affected by the choices that are made. Please feel free to contact make at: 360-452-1118 fitnesswest@olvpen.com Thank you Troy Mann PA COUNCIL QUARTERLY CHARITY Members of the Council, I would like us to consider establishing the VA Council Quarterly Charity" collection drive. This action would be another source of council unity and provide a chance to give back to others in our community while including the City staff and the general public. The proposed format goes like this... 1. The City would provide a lockable collection container (modest size container to drop coins and/or bills into throughout the quarter). 2. The container would be placed in city hall so anybody would have an opportunity to make a contribution before or after a council meeting. Based upon council input perhaps the collection container could be available at other meetings or council functions. 3. After the meeting Jennifer would keep the container secured in her office. 4. 1 propose the funds collected between now and the end of the year benefit the Capt. Joseph House. The funds could be awarded to Betsy Schultz at the last council meeting of the year. 5. 1 propose having 4 different recipients each year, one every quarter. Between now and the end of the year we would invite interested local charities to send us a request if they would like to participate as a possible recipient. Their names would be put into the hat for a drawing. At the time we award the funds to Capt. Joseph House we could draw the name of the recipient of the funds to be collected during the first quarter of 2017. 1'd like to keep this uncomplicated and easy to administer. A council consensus to proceed will permit us to begin the process at the next council meeting. Thanks for your consideration. Dan Gase PROCLAMATIQN In Recognition of CONSTITUTION WEEK September 17 -- 23, 2016 WHEREAS, the Constitution of the United States of America. the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law; and WHEREAS, September 15, 2016, marks the two hundred twenty-ninth anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate it; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through September 23rd, 2016 as Constitution Week in recognition of the historic importance of the Constitution and the significant role it plays in our lives today. NOW, THEREFORE, I, Patrick Downie, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby proclaim the week of September 17th through September 23rd, 2016, as CONSTITUTION WEEK in the CITY OF PORT ANGELES and I further ask all citizens to reaffinn the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. 'Patrick Downie, Mayon September 20, 2016 CITY COUNCIL MEETING Port Angeles, Washington September 6, 2016 CALL TO ORDER SPECIAL MEETING: Mayor Downie called the special meeting of the Port Angeles City Council to order at 5:04 p.m. ROLL CALL: Members Present:Mayor Downie,Deputy Mayor Kidd,Councilmembers Bruch, Collins,Gase,Merideth and Whetham. Members Absent: None. Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,C.Fulton,B. Olson,and N.West EXECUTIVE SESSION: Based on input from Attorney Bloor,Mayor Downie announced the need for an Executive Session under authority of RCW 42.30.110(1)(i)to discuss potential litigation with legal counsel,RCW 42.30.110(1)(b)to consider the acquisition of real estate,and RCW 43.30.140 to discuss collective bargaining with an employee organization, including contract negotiation,for approximately 50 minutes. The Executive Session convened at 5:05 p.m. RETURN TO OPEN SESSION: The Executive Session concluded at 5:55 p.m.No action was taken. ADJOURNMENT: Mayor Downie adjourned the Special Meeting at 5:55 p.m. CALL TO ORDER-REGULAR MEETING: Mayor Downie called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL: Members Present: Mayor Downie, Deputy Mayor Kidd, Councilmembers Bruch, Collins, Gase, Merideth and Whetham. Members Absent: None. Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,C.Delikat,K.Dubuc,C.Fulton,B. Smith, B. Olson, N. West, and A. Fountain. Several members of the Port Angeles Police and Fire Departments were in attendance. PLEDGE OF ALLEGIANCE: Councilmember Gase led the Pledge of Allegiance to the Flag. CEREMONIAL MATTERS,PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. United Way 2016 Campaign and Day of Caring Mayor Downie read the proclamation on behalf of the City Council in recognition of the United Way of Clallam County's 2016 Campaign and Day of Caring.Mayor Downie said the United Way is dedicated to enhancing the ability of the people to live safe,healthy and productive lives, and he urged all citizens to support United Way in achieving its mission. United Way members Steve Methner, Courtney Buchanan, Sara Dutrow, and Tina Smith-O'Hara, and United Way CEO Donald Skinner and Resource Development Manager Christy Smith accepted the proclamation. 09/20/2016 E - 1 PORT ANGELES CITY COUNCIL MEETING— September 6, 2016 2. Recognition of Newly Appointed Police Chief Brian Smith City Manager Dan McKeen spoke about the extensive hiring process that led to the promotion of Brian Smith as the new Chief of the Port Angeles Police Department. Manager McKeen said that one of the most important things the City can do is to promote the right people, and that he was confident Chief Smith would do an outstanding job. He invited Chief Smith's wife,Kristin,and daughter,Courtney,to be recognized as well.Mayor Downie welcomed Chief Smith on behalf of the City Council. Community members Alan Barnard and Angie Gooding each spoke about why they felt Smith's dedication, knowledge,and integrity made him the right person to serve as Chief of the Police Department. Mayor Downie recessed the meeting for a break at 6:22 p.m. The meeting reconvened at 6:38 p.m. PUBLIC HEARINGS: 1. Medic 1 Ambulance Transport Rate Adjustment Fire Chief Ken Dubuc presented a proposal to adjust ambulance transport rates. He said that the proposal was based upon a review of current ambulance transport rates — comparing the City's rates against other prevailing transport rates in the area. Chief Dubuc noted that the proposed rate adjustments would not affect City residents or business owners within the City who pay a monthly Medic 1 fee. Council discussion followed. Mayor Downie opened the public hearing at 6:47 p.m. Marolee Smith,P.O.Box 2498,said that her insurance would still be dinged by ambulance transport services,and that her costs would be completely out out-of-pocket because she has a$6,000 deductible. Manager McKeen offered a clarification,saying that there is no out-of-pocket expense for anyone who does not have insurance,is under-insured or is responsible for the first$6,000,if they are a City resident or business owner. Mayor Downie continued the public hearing to September 20,2016. Mayor Downie conducted a first reading of the ordinance by title,entitled, ORDINANCE NO.3557 AN ORDINANCE of the City of Port Angeles,Washington revising Chapter 3.70 of the Port Angeles Municipal Code relating to Medic I charges. PUBLIC COMMENT: Amy Miller, 1507 East Lauridsen Boulevard, shared about the recent Overdose Awareness Event and further talked about community members who struggle with addiction. Crystal Tack, 344 House Road, Sequim, thanked Mayor Downie for changing his vote on fluoride,but said that she was disappointed that fluoride was going to be voted on again. Rachel Sebastian,70 Bolster Way, Sequim, spoke about her health struggles which she partly attributed to fluoride. Michael Cyr,925 East Ninth Street,thanked Council for its consideration of IBEW Local 997's contract proposal. David Mabrey, 1014 Georgianna Street, spoke about Delta Dental's work in the local communities. He presented a $5,000 check from Delta Dental in honor of Quinn Kitner for ADA accessibility at Georgianna Park.He also thanked Councilmember Dan Gase for his$1000 contribution and said the project is within$3,500 of being fully funded. Marolee Smith,P.O.Box 2498,asked Council to overturn the Council Rules of Procedure in its entirety. Mary Budke, 132 Sunset Place in Sequim, Executive Director of Boys & Girls Club, asked Council to approve the facility use agreement with the B&G Club to use the Vern Burton Gymnasium. Page 2 of 7 09/20/2016 E - 2 PORT ANGELES CITY COUNCIL MEETING— September 6, 2016 Janet Young, 1331 West Sixth,let Council know about the upcoming Port Angeles Senior Center's Harvest Dinner. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manazer or Councilmember- At the request of Councilmember Kidd,Council agreed by consensus to add the Council Rules of Procedure as item I2 on the agenda. At the request of Councilmember Whetham, Council agreed by consensus to add a discussion concerning the ethics code and ethics ordinance to a future agenda. CONSENT AGENDA: Parks&Recreation Director Corey Delikat noted a clarification on Item 3,that the agreement was for facility use. It was moved by Gase and seconded by Bruch to approve the Consent Agenda as corrected on item 3 to include: 1. City Council Minutes:August 16, 2016 2. Expenditure Report:From August 6, 2016 through August 26, 2016 in the amount of$3,919,987.09 3. Facility Use Agreement with the Olympic Peninsula Boys&Girls Club 4. Intergovernmental Agreement for Telecommunication Response Team Deployments 5. Administrative Corrections to Agreement Between the City of Port Angeles and Jeffcom 9-1-1 6. Vehicle Purchase—Light Operations 4x4 Utility Truck 7. Vehicle Purchase—Parks&Recreation 3/4T Pick-Up Truck 8. Vehicle Purchase—Parks&Recreation Bucket Truck 9. Equipment Purchase—60 KW Portable Generator(Landfill) Motion carried 7-0. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. 2016 Budget Amendment#2 Chief Financial Officer Byron Olsen reminded Council that the budget amendment proposes to use reserves, and therefore requires five affirmative votes to pass. Mayor Downie conducted a second reading of the ordinance by title,entitled, ORDINANCE NO.3556 AN ORDINANCE of the City of Port Angeles,Washington amending the 2016 budget and funds. It was moved by Collins and seconded by Gase to: Adopt the ordinance as read. Motion carried 7-0. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: 1. Transfer of Engine No. 5 to Volunteer Association Chief Dubuc spoke about the transfer of Engine#5, a 1954 Seagrave fire engine that is no longer able to be used by the Fire Department. He said that based on Council direction, the Fire Department identified a community group willing to take possession of the engine. The proposed resolution would transfer the engine to the Port Angeles Firefighters Association, a division of the Port Angeles Fire Department Auxiliary. He said the Association would take possession of"Sparky" and make it available to the Fire Department for Operation Candy Cane which donates thousands of pounds of food to the Port Angeles Food Bank each year. Council discussion followed. Mayor Downie read the resolution by title,entitled, RESOLUTION NO.07-16 A RESOLUTION of the City Council of the City of Port Angeles, Washington,transferring title of a 1954 Seagrave fire engine known as Engine No. 5 to the Port Angeles Fire Department Auxiliary a non-profit corporation. It was moved by Collins and seconded by Whetham to: Approve the resolution as read, with a change to condition Number 3, which would read "the Port Angeles Fire Department Auxiliary will provide the City of Port Angeles with a buy back for$1 if at any time in the future the Auxiliary decides to relinquish ownership of the vehicle." Page 3 of 7 09/20/2016 E - 3 PORT ANGELES CITY COUNCIL MEETING— September 6, 2016 Motion carried 7-0. 2. Amendment to City's Personnel Policy&Procedures Manual Human Resources Manager Abbigail Fountain said the proposed resolution is to amend the City's Personnel Policy &Procedures Manual, specifically Chapter 4—Personnel Actions,which would allow the City Manager to convert accrued paid leave balances to the appropriate leave benefit specified in the union collective bargaining agreement or management,administrative,and non-represented personnel benefit program. Council discussion followed. Mayor Downie read the resolution by title,entitled, RESOLUTION NO.08-16 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the Personnel Policy and Procedures Manual by amending Chapter 4—Personnel Actions. It was moved by Gase and seconded by Bruch to: Approve resolution as read. Motion carried 7-0. OTHER CONSIDERATIONS: 1. Boards of Ethics Recommendations Deputy Mayor Kidd recused herself and exited the Chambers. Manager McKeen gave a brief background, saying that since February there have been four ethics complaints filed against City Councilmembers.He said that as outlined in Chapter 2.78 of the Port Angeles Municipal Code,Council appointed 3-member boards to review and make recommendations for disposition of the complaints. Council opted to wait until all four complaints had been reviewed before considering any action. Boards 1 and 2 submitted written findings and recommendations; complaints 3 and 4 were withdrawn. Manager McKeen said Council's role is to now decide what,if any,action they would like to take. Council discussion followed. Council agreed by consensus to first discuss the recommendations of Board of Ethics 2. Councilmember Gase recused himself and exited the Chambers. It was moved by Bruch and seconded by Whetham to: Accept the recommendation of Board 2. Motion carried 5-0. Councilmember Gase returned to the Chambers. Council discussed the recommendation of Board of Ethics 1. Councilmember Whetham called for a Point of Order, saying that Councilmember Collins was disparaging other Councilmembers by saying they violated the Open Public Meetings Act.Councilmember Collins spoke about why he feels he and other councilmembers violated the OPMA. Council discussion continued. It was moved by Bruch to: Recommend that Council orally admonish Deputy Mayor Kidd. Motion died for lack of a second. It was moved by Whetham to: Censure Councilmember Kidd. Motion died for lack of a second. Council discussion followed. It was moved by Collins and seconded by Gase to: Agree that abruptly adjourning meetings in controversial situations is not an appropriate first step. Motion failed 3-3 with Bruch,Merideth and Whetham opposed. Page 4 of 7 09/20/2016 E - 4 PORT ANGELES CITY COUNCIL MEETING— September 6, 2016 Mayor Downie recessed the meeting for a break at 8:57 p.m.The meeting reconvened at 9:03 p.m. Deputy Mayor Kidd returned to the Chambers. Councilmember Whetham called for a Point of Order, asking that the Mayor make Council aware of his decision to end discussion on item I-1 and invite Deputy Mayor Kidd to return to the Chambers. Mayor Downie said he did not think the Council was going to reach any consensus on the item,but that the Council could return to Item I-1 after other business was completed. Council agreed by consensus to continue the discussion on the recommendation of Board of Ethics 1 before the second public comment section of the meeting. 2. Council Rules of Procedure Deputy Mayor Kidd said she would like to withdraw her suggestion from the previous Council meeting when she added three words—"nor use profanity"—to the Rules of Procedure.Councilmember Whetham said he would like his concerns about the Rules of Procedure,including possible first amendment violations,to be reviewed by Council and Attorney Bloor.Council discussion followed. Council agreed by consensus to take a comprehensive look at the Rules of Procedure at a future meeting and invited Councilmember Whetham to share his concerns. Councilmember Whetham said his concerns were that the following items prohibited in the Rules of Procedure could be first amendment violations: 1. Irrelevant speech 2. Repetitious speech 3. Profanity 4. Signs in chambers Manager McKeen said that staff would address those concerns in a memo and bring recommendations forward at the September 20"or October 4"meeting. It was moved by Councilmember Gase and seconded by Bruch to: Accept Deputy Mayor Kidd's removal of three words"nor use profanity". Motion carried 7-0. Council agreed by consensus that the discussion on the Rules of Procedure should be held October 4. CONTRACTS & PURCHASING 1. Property Purchase Public Works and Utilities Director Craig Fulton offered background information on where the Light Operations Division has been located. He said the Electric Utility has been working to purchase private property adjacent to the Corp Yard for 8 years in order to relocate the Light Operations Division to a permanent location,and that recently the property owner and the City have reached an agreement on the price of$350,000.Director Fulton outlined the benefits and efficiencies that could be realized by purchasing the property. It was moved by Collins and seconded by Gase to: Approve the purchase of the Reid property in the amount of$350,000,plus negotiated closing costs. Motion carried 7-0. CITY COUNCIL REPORTS: Councilmember Bruch said she would not be at the September 201n meeting. She asked Attorney Bloor about a possible sugar tax ordinance. Councilmember Bruch said she and Councilmember Gase had met with Clallam County Health Officer Chris Frank to draft a statement regarding the removal of fluoride from the City's water. She read the prepared statement and asked that it be discussed at the next Council meeting. Councilmember Merideth gave an update on the TLAC(Trust Lands Advisory Committee)meeting.He said there were a lot of people in the community with addiction problems. He asked that people keep the town cleaned up,and properly dispose of wrappers,bottles,cans,cigarettes and needles. Page 5 of 7 09/20/2016 E - 5 PORT ANGELES CITY COUNCIL MEETING— September 6, 2016 Councilmember Gase attended ribbon cutting for the Early Head Start Care Center on Francis Street. He said the group Our Town organized a meal in order to help out recently when the Salvation Army was closed.He attended the Farmers Market with Councilmember Collins and met a lot of new residents. Councilmember Collins said he will be representing Clallam Transit at the State Transit Conference in Wenatchee on September 20t1 and will try to be to the Council meeting by 6 p.m. Mayor Downie reported that he attended the CRTC(Composites Recycling&Technology Center)ribbon cutting, and that he was recently interviewed by KOMO News and the Seattle Times to speak about Port Angeles. Mayor Downie said he will again be a judge at the Esquimalt Ribfest. No other reports were given. INFORMATION: Director Delikat provided a verbal report on the Civic Field Lighting replacement project,noting that the project was complete and that on September 2nd the first football game was held at Civic Field with the new lights in place. Manager McKeen spoke to Council, letting them know that over the past few months, staff has had difficulty determining if there is a consensus amongst Council on issues raised for staff by the Council.He noted that it takes a majority of Council to direct City resources, and suggested that going forward perhaps the best way to determine if there is a consensus on an issue is through a show of hands. Manager McKeen further spoke about the need to focus on priority issues and explained that two primary resources that the Council has available to them in order to accomplish goals are money and staff time.He said there are multiple, large-impact projects and activities that the City is currently working through.He offered several examples including: • Ongoing discussions with the National Park Service regarding the City's municipal and industrial water supply • That the City is one of multiple PLPs(Potentially Liable Parties)working with DOE(Department of Ecology) on complicated Harbor Cleanup requirements • The CSO project which is the largest Public Works project in the City's history, and the relocation of municipal waste at the Landfill • Day-to-day activities and an aggressive work plan • The recent petition which proposes to change the form of city government Manager McKeen asked Council to recognize that every time a new item is added to staff workload, it takes time resources away for working on all of these big issues that have far-reaching impacts for citizens. Manager McKeen went over action items from the evening's Council meeting: 1. A staff analysis of items of concern brought forward on the Council Rules of Procedure. 2. The fluoride statement brought forward by Councilmember Bruch and Gase which will be added to September 20th agenda. 3. Clarify the conversion language adopted by Council in the Personnel Policies & Procedure Manual, specifically the 25-75%provision. Director Fulton gave a verbal report on the need for tree removals along Peabody Street.He said there are six beautiful Sycamore trees,but unfortunately they were planted in the wrong place. He said the best solution is to remove the trees because they present electrical safety hazards and the roots have destroyed the sidewalks making them no longer ADA-compliant. OTHER CONSIDERATIONS continued: 1. Boards of Ethics Recommendations Discussion Continued Deputy Mayor Kidd exited the Chambers. Mayor Downie recapped the previous discussion on the Board of Ethics 1 recommendation,and the fact that Council did not reach consensus on the matter. Page 6 of 7 09/20/2016 E - 6 PORT ANGELES CITY COUNCIL MEETING— September 6, 2016 It was moved by Whetham and seconded by Bruch to: Continue the meeting past 10:00 p.m.,not to extend past 10:30 p.m. Motion carried 6-0. It was moved by Whetham and seconded by Bruch to: Reprimand Deputy Mayor Cherie Kidd in the ethics violation. Council discussion followed. Motion failed 4-2,with Whetham and Bruch in favor. It was moved by Whetham and seconded by Bruch to: Admonish Deputy Mayor Kidd for the ethics violation. Bruch amended the motion to include that the admonishment would state: Ms. Kidd's actions in adjourning the meeting violated section J of the ethics code in that those actions reflected discredit on the City Council and upon herself as a public official,tended to bring the City into disrepute, and impaired the efficient and effective operation of the Council meeting of February 2,2016.The maker of the motion accepted the amended motion. Motion failed 4-2,with Whetham and Bruch in favor. It was moved by Bruch and seconded by Merideth to: Table the matter until first meeting in October. Motion carried 4-2,with Collins and Gase opposed. SECOND PUBLIC COMMENT: Dale Wilson,Fourth Avenue, asked that the City take possession of 33 homes that the Peninsula Housing Authority will discard at the landfill, and suggested that the houses could be used for local homeless citizens. He also spoke against banning signs in the Council Chambers. Theresa Adams, 105 West Ninth Street, said Mr. Collins insulted her sister-in-law over the fluoride issue and that someone from Mr. Gase's office attacked her brother by calling him homeless. Marolee Smith,P.O. Box 2498, told Council that it was illegal for them to try to sway a vote that is scheduled to be on a ballot. David Maybrey, 1014 Georgianna Street, spoke about the need to replace vehicles before expensive repairs are necessary,and he complimented Deputy Mayor Kidd for her work in the community. Leanne Johnson, 1031 East Eighth Street, asked there be a handicap button installed for the door to the Chambers. She also asked Council to take action on the ethics complaint against Ms.Kidd. ADJOURNMENT: It was moved by Kidd and seconded by Gase to: Adjourn the meeting. Motion carried 7-0. Mayor Downie adjourned the meeting at 10:28 p.m. Patrick Downie,Mayor Jennifer Veneklasen, City Clerk Page 7 of 7 09/20/2016 E - 7 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount Carol Pope LOOMIS DEPOSIT REFUND 001-0000-239.10-00 50.00 CHIEF SUPPLY INC CLOTHING &APPAREL 001-0000-237.00-00 (177.00) CLOTHING &APPAREL 001-0000-237.00-00 (61.56) Gretchen Souza LOOMIS DEPOSIT REFUND 001-0000-239.10-00 50.00 LEADSONLINE SECURITY,FIRE,SAFETY SERV 001-0000-237.00-00 (180.44) Marg Bennett SR CENTER ROOM DEPOSIT RE 001-0000-239.93-00 150.00 NORTHERN TOOL/BLUETARP SUPPLIES 001-0000-237.00-00 (8.40) SYMBOLARTS, LLC BADGES &OTHER ID EQUIP. 001-0000-237.00-00 (10.92) WA STATE PATROL JULY FINGERPRINT FEES 001-0000-229.50-00 217.00 WASHINGTON (DOL), STATE OF AUGUST 2016 GUN LICENSES 001-0000-229.60-00 312.00 Division Total: $340.68 Department Total: $340.68 PORT ANGELES CITY TREASURER Oly Pen tourism lunch -C 001-1160-511.31-01 18.00 Mayor&Council Division Total: $18.00 Legislative Department Total: $18.00 CENTURYLINK-QWEST 08-23 A/C 79513296 001-1210-513.42-10 0.42 PEN PRINT INC OFFICE SUPPLIES, GENERAL 001-1210-513.31-01 30.35 City Manager Division Total: $30.77 ADVANCED TRAVEL AWC Labor Relations-Fount 001-1220-516.43-10 264.95 CENTURYLINK-QWEST 08-23 A/C 79513296 001-1220-516.42-10 0.04 Human Resources Division Total: $264.99 CENTURYLINK-QWEST 08-23 A/C 79513296 001-1230-514.42-10 0.04 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 28.86 WAPRO MEMBERSHIPS 001-1230-514.49-01 175.00 City Clerk Division Total: $203.90 City Manager Department Total: $499.66 PORT ANGELES CITY TREASURER Jury Duty Mileage-G Goo 001-2001-369.90-00 37.80 Finance Revenue Division Total: $37.80 CENTURYLINK-QWEST 08-23 A/C 79513296 001-2010-514.42-10 0.37 Finance Administration Division Total: $0.37 CENTURYLINK-QWEST 08-23 A/C 79513296 001-2023-514.42-10 0.38 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 25.15 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 185.18 Accounting Division Total: $210.71 CENTURYLINK-QWEST 08-23 A/C 79513296 001-2025-514.42-10 0.55 Page 1 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 8 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount ELAVON, INC-WIRE 3rd Party Cr Card Fees 001-2025-514.41-50 14,142.38 PORT ANGELES CITY TREASURER Hooks for keys- D Scharn 001-2025-514.31-01 5.28 Truck 4402 copy of keys- 001-2025-514.31-01 4.89 Customer Service Division Total: $14,153.10 OLYMPIC STATIONERS INC PAPER(OFFICE,PRINT SHOP) 001-2080-514.31-01 153.93 PORT ANGELES CITY TREASURER Cards fo mailroom volunte 001-2080-514.31-01 13.73 Reprographics Division Total: $167.66 Finance Department Total: $14,569.64 CENTURYLINK-QWEST 08-23 A/C 79513296 001-3010-515.42-10 0.42 PENINSULA AWARDS &TROPHIES Name Plate 001-3010-515.31-01 14.67 Attorney Office Division Total: $15.09 Attorney Department Total: $15.09 CENTURYLINK-QWEST 08-23 A/C 79513296 001-4010-558.42-10 0.34 PORT ANGELES CITY TREASURER N Pen Buliders Assoc meet 001-4010-558.31-01 25.55 Planning Division Total: $25.89 CENTURYLINK-QWEST 08-23 A/C 79513296 001-4020-524.42-10 0.13 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-4020-524.45-21 488.67 Building Division Total: $488.80 FEIRO MARINE LIFE CENTER SUPPLIES 001-4071-558.41-50 10,000.00 PORT ANGELES CITY TREASURER PABA Meeting SBS meeting 001-4071-558.31-01 28.10 Economic Development Division Total: $10,028.10 Community Development Department Total: $10,542.79 CENTURYLINK-QWEST 08-20 A/C 206Z200017790B 001-5010-521.42-10 199.03 08-23 A/C 206TO31979835B 001-5010-521.42-10 64.75 08-23 A/C 206T411918873B 001-5010-521.42-10 57.46 08-23 A/C 79513296 001-5010-521.42-10 0.68 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5010-521.31-01 65.04 VERIZON WIRELESS 08-28 A/C 842085938-00001 001-5010-521.42-10 48.00 Police Administration Division Total: $434.96 CENTURYLINK-QWEST 08-23 A/C 79513296 001-5021-521.42-10 0.42 VERIZON WIRELESS 08-28 A/C 842085938-00001 001-5021-521.42-10 144.00 Investigation Division Total: $144.42 A WORKSAFE SERVICE, INC HEALTH RELATED SERVICES 001-5022-521.41-50 52.00 CENTURYLINK-QWEST 08-23 A/C 79513296 001-5022-521.42-10 1.18 GALLS CLOTHING &APPAREL 001-5022-521.20-80 1,366.86 Page 2 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 9 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount GALLS CLOTHING &APPAREL 001-5022-521.20-80 11.99 VERIZON WIRELESS 08-28 A/C 842085938-00001 001-5022-521.42-10 563.85 Patrol Division Total: $1,995.88 CAPTAIN T'S CLOTHING &APPAREL 001-5026-521.31-11 413.00 CLOTHING &APPAREL 001-5026-521.31-11 44.26 GALLS BADGES &OTHER ID EQUIP. 001-5026-521.31-11 97.51 BADGES &OTHER ID EQUIP. 001-5026-521.31-11 109.16 SYMBOLARTS, LLC BADGES &OTHER ID EQUIP. 001-5026-521.31-11 140.92 Reserves&Volunteers Division Total: $804.85 Carla Jacobi TUITION REIMBURSEMENT-C 001-5029-521.43-10 602.25 CENTURYLINK-QWEST 08-23 A/C 79513296 001-5029-521.42-10 0.42 LEADSONLINE SECURITY,FIRE,SAFETY SERV 001-5029-521.41-50 2,328.44 LINCOLN STREET STATION EXTERNAL LABOR 001-5029-521.42-10 15.97 QUILL CORPORATION COMPUTERS,DP&WORD PROC. 001-5029-521.31-01 103.40 COMPUTERS,DP &WORD PROC. 001-5029-521.31-01 194.72 COMPUTERS,DP &WORD PROC. 001-5029-521.31-01 11.70 Records Division Total: $3,256.90 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 001-5050-521.48-10 457.72 INC Facilities Maintenance Division Total: $457.72 Police Department Total: $7,094.73 CENTURYLINK-QWEST 08-23 A/C 206T300675463B 001-6010-522.42-13 91.88 08-23 A/C 79513296 001-6010-522.42-10 0.59 08-23 A/C 79513296 001-6010-522.42-11 0.17 INSIGHT PUBLIC SECTOR COMPUTER HARDWARE&PERIPHE 001-6010-522.31-60 332.78 OLYMPIC STATIONERS INC SUPPLIES 001-6010-522.31-01 37.20 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-6010-522.31-01 115.55 OFFICE SUPPLIES, GENERAL 001-6010-522.31-01 173.90 PORT ANGELES CITY TREASURER Uniform cleaning- K Dubu 001-6010-522.20-80 24.28 Fire Administration Division Total: $776.35 CENTURYLINK-QWEST 08-23 A/C 79513296 001-6020-522.42-10 0.55 CHIEF SUPPLY INC CLOTHING &APPAREL 001-6020-522.31-11 794.46 GALLS CLOTHING &APPAREL 001-6020-522.20-80 78.67 CLOTHING &APPAREL 001-6020-522.20-80 78.67 CLOTHING &APPAREL 001-6020-522.20-80 157.34 Page 3 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 10 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount GALLS CLOTHING &APPAREL 001-6020-522.20-80 157.34 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-6020-522.31-01 35.77 SEAWESTERN INC TESTING&CALIBRATION SERVI 001-6020-522.35-01 119.97 SUPPLIES 001-6020-522.35-01 59.50 SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-02 4.30 VERIZON WIRELESS 08-15 A/C 442043914-00001 001-6020-522.42-10 96.58 Fire Suppression Division Total: $1,583.15 BIRD FOR VOLUNTEER BUFF 2016 REMITTANCE 001-6021-522.49-01 1,870.81 FIREFIGHTERS CENTURYLINK-QWEST 08-23 A/C 79513296 001-6021-522.42-10 0.04 CHIEF SUPPLY INC CLOTHING &APPAREL 001-6021-522.31-11 2,284.10 Fire Volunteers Division Total: $4,154.95 CENTURYLINK-QWEST 08-23 A/C 79513296 001-6030-522.42-10 0.09 Fire Prevention Division Total: $0.09 BAILEY SIGNS &GRAPHICS MISCELLANEOUS SERVICES 001-6040-522.31-01 693.76 CENTURYLINK-QWEST 08-23 A/C 79513296 001-6040-522.42-10 0.09 VERIZON WIRELESS 08-15 A/C 442043914-00001 001-6040-522.42-10 62.28 Fire Training Division Total: $756.13 HI-TECH ELECTRONICS INC BARRELS, DRUMS, KEGS, CTN 001-6050-522.48-10 86.72 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 001-6050-522.41-50 939.83 INC MRS CLEAN CLEANING COMPOSITION/SOLV 001-6050-522.41-50 425.00 OLYMPIC PARTY &CUSTODIAL JANITORIAL SUPPLIES 001-6050-522.31-01 127.00 SUPPLIES SWAIN'S GENERAL STORE INC SUPPLIES 001-6050-522.31-20 17.31 SUPPLIES 001-6050-522.31-20 43.23 Facilities Maintenance Division Total: $1,639.09 CENTURYLINK-QWEST 08-23 A/C 79513296 001-6060-525.42-10 0.38 GLOBALSTAR USA 08-16 A/C 1.50018853 001-6060-525.42-10 47.94 Emergency Management Division Total: $48.32 Fire Department Total: $8,958.08 CENTURYLINK-QWEST 08-23 A/C 79513296 001-7010-532.42-10 1.31 LINCOLN STREET STATION Shipping Chgs 001-7010-532.42-10 42.17 PUNTENNEY, MICHAEL C HUMAN SERVICES 001-7010-532.41-50 9,936.00 Public Works Admin. Division Total: $9,979.48 PENINSULA AREA PUBLIC ACCESS MANAGEMENT SERVICES 001-7032-532.41-50 4,000.00 Page 4 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 11 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 001-7032-532.47-10 49.49 Telecommunications Division Total: $4,049.49 Public Works&Utilities Department Total: $14,028.97 ASM SIGNS FLAGS,POLES,BANNERS,ACCES 001-8010-574.41-50 1,084.00 SUPPLIES 001-8010-574.41-50 69.35 BAILEY SIGNS &GRAPHICS FLAGS,POLES,BANNERS,ACCES 001-8010-574.49-60 449.86 CENTURYLINK-QWEST 08-23 A/C 79513296 001-8010-574.42-10 0.13 Parks Administration Division Total: $1,603.34 CENTURYLINK-QWEST 08-23 A/C 79513296 001-8012-555.42-10 0.13 Senior Center Division Total: $0.13 CENTURYLINK-QWEST 08-23 A/C 79513296 001-8050-536.42-10 0.09 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-8050-536.31-01 26.27 QUIRING MONUMENTS INC HUMAN SERVICES 001-8050-536.34-01 740.00 Ocean View Cemetery Division Total: $766.36 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 001-8080-576.31-40 1,329.91 ANGELES MILLWORK& LUMBER SUPPLIES 001-8080-576.31-20 60.69 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 22.19 CENTURYLINK-QWEST 08-23 A/C 79513296 001-8080-576.42-10 0.42 COLUMBIA RURAL ELECTRIC EDUCATIONAL SERVICES 001-8080-576.43-10 219.50 ASSN, INC DREAM PLAYGROUND DREAM PLAYGROUND FIBAR 001-8080-576.31-40 1,500.00 FOUNDATION FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 68.08 LAWN EQUIPMENT SUPPLY SUPPLIES 001-8080-576.31-01 146.41 NORTHERN TOOL/BLUETARP SUPPLIES 001-8080-576.31-20 108.39 OLYMPIC ELECTRIC CO INC ELECTRICAL EQUIP &SUPPLY 001-8080-576.31-20 466.12 OLYMPIC LAUNDRY & DRY SUPPLIES 001-8080-576.31-01 10.84 CLEANERS QUARRY, THE PORT ANGELES, LLC SUPPLIES 001-8080-576.31-20 59.95 SEARS COMMERCIAL ONE SUPPLIES 001-8080-576.31-20 32.51 SUNSET DC7-IT BEST HARDWARE RENTAL/LEASE EQUIPMENT 001-8080-576.48-10 15.18 SUPPLIES 001-8080-576.31-20 38.48 SUPPLIES 001-8080-576.31-20 42.19 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 53.05 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 92.73 Parks Facilities Division Total: $4,266.64 Page 5 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 12 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount Parks &Recreation Department Total: $6,636.47 GRAINGER SUPPLIES 001-8112-555.31-20 20.52 THURMAN SUPPLY ELECTRICAL EQUIP &SUPPLY 001-8112-555.31-20 100.07 Senior Center Facilities Division Total: $120.59 AIR CONTROL INC AIR CONDITIONING & HEATNG 001-8131-518.31-20 834.05 ANGELES MILLWORK& LUMBER SUPPLIES 001-8131-518.31-20 47.18 RENTAL/LEASE EQUIPMENT 001-8131-518.48-10 16.18 SUPPLIES 001-8131-518.31-20 29.53 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 8.76 ANGELES PLUMBING INC PLUMBING EQUIP FIXT,SUPP 001-8131-518.48-10 464.29 BROTHERS PLUMBING INC PLUMBING EQUIP FIXT,SUPP 001-8131-518.48-10 102.44 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP &SUPPLY 001-8131-518.31-20 111.25 CENTURYLINK-QWEST 08-05 A/C 36045239542688 001-8131-518.42-10 99.15 08-16 A/C 206T355724768B 001-8131-518.42-10 57.46 08-23 A/C 206T418577331 001-8131-518.42-10 57.46 08-23 A/C 79513296 001-8131-518.42-10 0.08 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 001-8131-518.48-10 915.44 INC OLYMPIC PARTY &CUSTODIAL SUPPLIES 001-8131-518.31-01 33.72 SUPPLIES PAINT&CARPET BARN, THE PAINTS,COATING S,WALLPAPER 001-8131-518.31-20 7.45 SUPPLYWORKS SUPPLIES 001-8131-518.31-20 7.35 JANITORIAL SUPPLIES 001-8131-518.31-01 122.45 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-01 16.16 SUPPLIES 001-8131-518.31-01 128.23 ELECTRICAL EQUIP &SUPPLY 001-8131-518.31-01 5.39 SUPPLIES 001-8131-518.31-01 0.81 THURMAN SUPPLY SUPPLIES 001-8131-518.31-01 64.90 THYSSENKRUPP ELEVATOR CORP BUILDING MAINT&REPAIR SER 001-8131-518.48-10 1,139.41 Central Svcs Facilities Division Total: $4,269.14 CENTURYLINK-QWEST 08-23 A/C 79513296 001-8155-575.42-10 0.04 Facility Rentals Division Total: $0.04 Facilities Maintenance Department Total: $4,389.77 AT&T MOBILITY 08-22 A/C 994753890 001-8221-574.42-10 12.40 CENTURYLINK-QWEST 08-23 A/C 79513296 001-8221-574.42-10 0.09 Page 6 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 13 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount DRAKE'S PIZZA& SUBS SUPPLIES 001-8221-574.31-01 23.82 DUCE, THOMAS W. UMPIRE PAYMENT FOR COED S 001-8221-574.41-50 299.00 HEILMAN, JOHN UMPIRE PAYMENT FOR COED S 001-8221-574.41-50 460.00 JOHNSTAD, SHANE UMPIRE PAYMENT FOR SOFTBA 001-8221-574.41-50 322.00 POTTER, GOLDSTEIN W. UMPIRE PAYMENT FOR COED S 001-8221-574.41-50 161.00 ROONEY, RANDY L UMPIRE PAYMENT FOR LEAGUE 001-8221-574.41-50 1,036.00 SHUMWAY, ZANE UMPIRE PAYMENT FOR SOFTBA 001-8221-574.41-50 207.00 SWAIN'S GENERAL STORE INC SPORTING &ATHLETIC EQUIP 001-8221-574.31-01 108.49 WHITTEN, BILL P UMPIRE PAYMENT FOR SR.SOF 001-8221-574.41-50 23.00 Sports Programs Division Total: $2,652.80 Recreation Activities Department Total: $2,652.80 General Fund Fund Total: $69,746.68 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 85.09 CENTURYLINK-QWEST 08-23 A/C 79513296 102-7230-542.42-10 0.21 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 102-7230-542.31-20 3.75 FASTENERS, FASTENING DEVS 102-7230-542.31-25 194.68 FIRST AID &SAFETY EQUIP. 102-7230-542.31-01 17.63 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 (54.40) JANITORIAL SUPPLIES 102-7230-542.31-01 26.82 METALS,BARS,PLATES,RODS 102-7230-542.31-25 (88.45) METALS,BARS,PLATES,RODS 102-7230-542.31-25 159.22 SHIPPING AND HANDLING 102-7230-542.31-25 (6.50) HAND TOOLS ,POW&NON POWER 102-7230-542.31-25 42.27 CLOTHING &APPAREL 102-7230-542.31-01 92.92 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 63.95 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 174.92 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 795.11 BUILDING MAINT&REPAIR SER 102-7230-542.31-20 286.70 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 187.29 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 7,618.09 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 102-7230-542.48-10 445.52 INC PORT ANGELES POWER HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 80.13 EQUIPMENT PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 16.31 Page 7 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 14 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount SEARS COMMERCIAL ONE AIR CONDITIONING & HEATNG 102-7230-542.31-20 357.71 SEQUIM REDI-MIX BUILDER'S SUPPLIES 102-7230-542.31-20 323.57 SUNSET DC7-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 28.03 SUPPLIES 102-7230-542.31-20 14.98 SUPPLIES 102-7230-542.31-20 19.97 SWAIN'S GENERAL STORE INC; HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 35.39 SUPPLIES 102-7230-542.31-20 32.38 THURMAN SUPPLY AIR CONDITIONING & HEATNG 102-7230-542.31-20 122.28 Street Division Total: $11,075.57 Public Works-Street Department Total: $11,075.57 Street Fund Total: $11,075.57 ADC CMM ENGINEERING CO EQUIP MAINT& REPAIR SERV 107-5160-528.41-50 73,350.00 ADVANCED TRAVEL APCO Intl C;onf-Romberg 107-5160-528.43-11 1,232.40 CENTURYLINK-QWEST 08-23 A/C 79513296 107-5160-528.42-10 1.14 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 107-5160-528.48-10 457.72 INC TYLER TECHNOLOGIES, INC COMPUTERS,DP&WORD PROC. 107-5160-594.65-10 13,484.96 WAPRO SECURITY,FIRE,SAFETY SERV 107-5160-528.43-10 175.00 SECURITY,FIRE,SAFETY SERV 107-5160-528.43-10 175.00 Pencom Division Total: $88,876.22 Pencom Department Total: $88,876.22 Pencom Fund Total: $88,876.22 MULTI-MODAL GATEWAY FINANCIAL SERVICES 215-2449-591.71-10 8,207.00 ACQUISITION FINANCIAL SERVICES 215-2449-592.83-10 35,237.61 Parking Facilities Division Total: $43,444.61 Debt Service Department Total: $43,444.61 2006 LTGO-Prop Acquisitn Fund Total: $43,444.61 BUILDERS EXCHANGE OF WA INC COMMUNICATIONS/MEDIA SERV 310-7930-595.65-10 45.00 GF-Street Projects Division Total: $45.00 Capital Projects-Pub Wks Department Total: $45.00 Capital Improvement Fund Total: $45.00 ANIXTER, INC ELECTRICAL EQUIP &SUPPLY 401-0000-141.41-00 1,170.72 FASTENERS, FASTENING DEVS 401-0000-141.41-00 149.59 BREECE, MITCHELL C UTILITY DEPOSIT REFUND 401-0000-122.10-99 250.00 NELSON, TRAGI J FINAL BILL REFUND 401-0000-122.10-99 311.40 Page 8 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 15 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount PROPERTIES BY LANDMARK INC OVERPAYMENT-309 FOREST AV 401-0000-122.10-99 272.49 SHEA, RILEY D OVERPAYMENT-2014 VILLAGE 401-0000-122.10-99 25.92 WESCO DISTRIBUTION INC ELECTRICAL EQUIP &SUPPLY 401-0000-141.42-00 269.92 Division Total: $2,450.04 Department Total: $2,450.04 CENTURYLINK-QWEST 08-23 A/C 79513296 401-7111-533.42-10 0.13 Engineering-Electric Division Total: $0.13 BPA-POWER WIRES ELECTRICAL EQUIP &SUPPLY 401-7120-533.33-10 269,365.00 ELECTRICAL EQUIP &SUPPLY 401-7120-533.33-10 1,063,205.00 CENTURYLINK-QWEST 08-23 A/C 79513296 401-7120-533.42-10 0.13 Power Systems Division Total: $1,332,570.13 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 176.19 ANGELES MILLWORK& LUMBER ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 15.57 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 31.87 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 11.83 ANIXTER, INC SPRAYING EQUIPMENT 401-7180-533.34-02 100.16 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 22.58 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 315.29 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 144.90 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 71.54 CENTURYLINK-QWEST 08-23 A/C 79513296 401-7180-533.42-10 1.02 EVERGREEN FIBER Electrical Service Refund 401-7180-379.00-00 1,227.77 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 401-7180-533.34-02 9.63 FASTENERS, FASTENING DEVS 401-7180-533.34-02 29.29 GRAINGER FURNITURE, OFFICE 401-7180-533.35-01 95.26 Kathy Trainor MILEAGE REIMBURSEMENT 401-7180-533.31-01 18.36 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 401-7180-533.41-50 891.05 INC MATCO TOOLS ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 225.13 OLYMPIC LAUNDRY & DRY LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 88.60 CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 88.60 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 16.24 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 13.44 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 25.11 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 7.48 Page 9 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 16 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount PLATT ELECTRIC; SUPPLY INC; ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 12.31 ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 17.73 ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 298.10 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 341.75 ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 439.01 ROHLINGER ENTERPRISES INC ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 102.98 EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 128.88 EQUIP MAINT& REPAIR SERV 401-7180-533.48-10 429.54 SUNSET DC7-IT BEST HARDWARE ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 24.36 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 8.77 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 37.03 ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 29.25 TYNDALE COMPANY FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 350.02 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 86.12 US BANK-DEBT SVC WIRES FINANCIAL SERVICES 401-7180-582.72-10 145,000.00 FINANCIAL SERVICES 401-7180-582.72-10 290,000.00 FINANCIAL SERVICES 401-7180-592.83-10 47,750.00 FINANCIAL SERVICES 401-7180-592.83-10 92,771.25 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 401-7180-533.49-90 51.59 CTR WAGNER-SMITH EQUIPMENT CO ELECTRICAL EQUIP& SUPPLY 401-7180-533.35-01 123.53 WESTERN SYSTEMS, INC ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 22,995.98 Electric Operations Division Total: $604,625.11 Public Works-Electric Department Total: $1,937,195.37 Electric Utility Fund Total: $1,939,645.41 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 2,877.15 Division Total: $2,877.15 Department Total: $2,877.15 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 429.59 ANGELES MILLWORK& LUMBER HAND TOOLS ,POW&NON POWER 402-7380-534.31-20 4.12 HAND TOOLS ,POW&NON POWER 402-7380-534.31-20 292.50 CASCADE COLUMBIA MATERIAL HNDLING&STOR EQP 402-7380-534.31-05 52.20 DISTRIBUTION, INC CENTURYLINK-QWEST 08-14 A/C 36045712709758 402-7380-534.42-10 222.07 08-23 A/C 206T411255315B 402-7380-534.42-10 64.57 Page 10 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 17 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount CENTURYLINK-QWEST 08-23 A/C 79513296 402-7380-534.42-10 0.38 FEDERAL EXPRESS CORP Shipping Chgs 402-7380-534.42-10 97.55 GREEN RIVER COMMUNITY EDUCATIONAL SERVICES 402-7380-534.43-10 300.00 COLLEGE HERRERA ENVIRONMENTAL CONSULTING SERVICES 402-7380-534.41-50 140.72 CONSULTANTS CONSULTING SERVICES 402-7380-534.41-50 2,993.76 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 402-7380-534.48-10 13,347.29 INC OLYMPIC REGION CLEAN AIR ENVIRONMENTAL&ECOLOGICAL 402-7380-534.49-90 243.00 AGCY ENVIRONMENTAL&ECOLOGICAL 402-7380-534.49-90 243.00 ENVIRONMENTAL&ECOLOGICAL 402-7380-534.49-90 608.00 ENVIRONMENTAL&ECOLOGICAL 402-7380-534.49-90 608.00 PARKSON CORPORATION LAB&FIELD EQUIP,BIO,BOT 402-7380-534.31-20 279.20 TESTING&CALIBRATION SERVI 402-7380-534.48-10 4,748.59 PORS ATTY AT LAW, THOMAS M CONSULTING SERVICES 402-7380-534.41-50 1,015.00 SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 215.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 45.00 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-20 38.96 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 402-7380-534.49-90 51.59 CTR Water Division Total: $26,040.09 Public Works-Water Department Total: $26,040.09 Water Utility Fund Total: $28,917.24 NCL NORTH CENTRAL CHEMICAL LAB EQUIP &SUPP 403-0000-237.00-00 (39.77) LABORATORIES Division Total: ($39.77) Department Total: ($39.77) CENTURYLINK-QWEST 08-14 A/C 36045748592478 403-7480-535.42-10 98.96 08-14 A/C 36045763156898 403-7480-535.42-10 99.09 08-16 A/C 206T325585090B 403-7480-535.42-10 54.40 08-16 A/C 206T329544912B 403-7480-535.42-10 54.40 08-23 A/C 79513296 403-7480-535.42-10 0.34 CUES WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 1,496.38 WATER SEWAGE TREATMENT EQ 403-7480-535.48-10 834.96 EVOQUA WATER TECHNOLOGIES WATER&SEWER TREATING CHEM 403-7480-535.31-05 884.54 WATER&SEWER TREATING CHEM 403-7480-535.31-05 5,203.20 Page 11 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 18 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount EVOQUA WATER TECHNOLOGIES WATER&SEWER TREATING CHEM 403-7480-535.31-05 7,544.64 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 403-7480-535.31-01 21.21 FASTENERS, FASTENING DEVS 403-7480-535.31-20 (587.05) HAND TOOLS ,POW&NON POWER 403-7480-535.31-20 (90.71) FIRST AID &SAFETY EQUIP. 403-7480-535.31-01 134.15 HAND TOOLS ,POW&NON POWER 403-7480-535.31-20 384.20 FEDERAL EXPRESS CORP Shipping Chgs 403-7480-535.42-10 28.38 GRAINGER FIRST AID &SAFETY EQUIP. 403-7480-535.31-01 27.97 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 153.88 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 615.50 PLASTICS 403-7480-535.31-20 296.36 PLASTICS 403-7480-535.31-20 1,700.15 H.B.JAEGER COMPANY, LLC PUMPS &ACCESSORIES 403-7480-535.31-20 345.49 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 403-7480-535.48-10 6,246.01 INC MACDONALD MILLER SOLUTIONS, EQUIPMENT MAINTENANCE,REC 403-7480-535.48-10 1,353.80 INC MASCO PETROLEUM, INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,182.33 NAHMMA EDUCATIONAL SERVICES 403-7480-535.43-10 525.00 NAPA AUTO PARTS FUEL,OIL,GREASE, & LUBES 403-7480-535.31-01 7.13 NCL NORTH CENTRAL CHEMICAL LAB EQUIP &SUPP 403-7480-535.31-01 513.12 LABORATORIES OLYMPIC PARTY &CUSTODIAL SUPPLIES 403-7480-535.31-01 370.34 SUPPLIES OLYMPIC REGION CLEAN AIR ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 243.00 AGCY Reg Classification 5 403-7480-535.49-90 243.00 ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 243.00 PIONEER PROPANE, LLC CONSTRUCTION SERVICES,GEN 403-7480-535.48-10 162.60 PNCWA PACIFIC NW CLEAN WATER AS 403-7480-535.43-10 595.00 PORT ANGELES CITY TREASURER Bottled water-J Young 403-7480-535.31-01 12.00 Postage for 3rd qtr- D F 403-7480-535.42-10 6.45 Bottled water back suppor 403-7480-535.31-01 28.83 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 175.63 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 13.59 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 403-7480-535.31-01 60.51 TAPE(NOT DP,SOUND,VIDEO) 403-7480-535.31-01 57.80 Page 12 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 19 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC FOODS: PERISHABLE 403-7480-535.31-01 12.81 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 21.20 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-01 91.14 TNEMEC COMPANY, INC. ACOUST TILE, INSULAT MAT 403-7480-535.31-01 960.21 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 403-7480-535.49-90 51.59 CTR William R. Peacock, P.E. WW COLLECTION SPEC TRAINI 403-7480-535.43-10 415.00 Wastewater Division Total: $32,891.53 Public Works-WW/Stormwtr Department Total: $32,891.53 Wastewater Utility Fund Total: $32,851.76 ADVANCED TRAVEL Delivery to Spectra Lab-S 404-7538-537.43-10 16.00 FEDERAL EXPRESS CORP Shipping Chgs 404-7538-537.42-10 192.01 JORDAN SAGE CDL REIMBURSEMENT-JORDA 404-7538-537.43-10 102.00 Sonja Coventon MILEAGE REIMBURSEMENT 404-7538-537.31-01 59.83 Stephanie Howell MILEAGE REIMBURSEMENT 404-7538-537.31-01 48.71 US COMPOSTING COUNCIL MEMBERSHIPS 404-7538-537.49-90 295.00 SW-Transfer Station Division Total: $713.55 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 85.08 CENTURYLINK-QWEST 08-23 A/C 79513296 404-7580-537.42-10 0.34 FEDERAL EXPRESS CORP Shipping Chgs 404-7580-537.42-10 19.74 LEGACY TELECOMMUNICATIONS, EQUIP MAINT& REPAIR SERV 404-7580-537.31-20 445.52 INC NAHMMA NAHMMA MEMBER RENEWAL TMC 404-7580-537.49-01 250.00 SOUND PUBLISHING INC 1 YR SUBSCRIPTION 404-7580-537.49-01 135.20 Solid Waste-Collections Division Total: $935.88 DELTA INDUSTRIES, INC EQUIP MAINT& REPAIR SERV 404-7585-537.48-10 3,783.16 OLYMPIC REGION CLEAN AIR ENVIRONMENTAL&ECOLOGICAL 404-7585-537.49-90 608.00 AGCY PENINSULA TRUCK LINES SHIPPING AND HANDLING 404-7585-537.31-20 120.90 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 404-7585-537.31-20 79.31 Solid Waste-Landfill Division Total: $4,591.37 Public Works-Solid Waste Department Total: $6,240.80 Solid Waste Utility Fund Total: $6,240.80 ADVANCED TRAVEL Advanced LID Training-Mcl 406-7412-538.43-10 140.67 Stormwater Outreach Mtg-B 406-7412-538.43-10 42.40 Pesticide License Exams-H 406-7412-538.43-10 79.75 Page 13 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 20 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount CENTURYLINK-QWEST 08-23 A/C 79513296 406-7412-538.42-10 0.09 FASTENAL INDUSTRIAL FIRST AID &SAFETY EQUIP. 406-7412-538.31-01 41.08 FIRST AID &SAFETY EQUIP. 406-7412-538.31-01 54.33 FIRST AID &SAFETY EQUIP. 406-7412-538.31-01 50.99 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 406-7412-538.49-90 51.59 CTR Stormwater Division Total: $460.90 Public Works-WW/Stormwtr Department Total: $460.90 Stormwater Utility Fund Total: $460.90 BOUND TREE MEDICAL, LLC HOSPITAL &SURD EQUIP SUPP 409-6025-526.31-13 346.03 HOSPITAL&SURD EQUIP SUPP 409-6025-526.31-02 124.75 HOSPITAL&SURD EQUIP SUPP 409-6025-526.31-13 181.98 HOSPITAL&SURD EQUIP SUPP 409-6025-526.31-02 1,550.75 HOSPITAL&SURD EQUIP SUPP 409-6025-526.31-13 369.46 HOSPITAL&SURD EQUIP SUPP 409-6025-526.31-13 73.54 HOSPITAL&SURD EQUIP SUPP 409-6025-526.31-13 178.95 CENTURYLINK-QWEST 08-23 A/C 79513296 409-6025-526.42-10 0.51 GALLS CLOTHING &APPAREL 409-6025-526.20-80 78.67 CLOTHING &APPAREL 409-6025-526.20-80 78.67 CLOTHING &APPAREL 409-6025-526.20-80 157.34 MOROZ,JAMES FIRST AID &SAFETY EQUIP. 409-6025-526.31-08 250.00 FIRST AID &SAFETY EQUIP. 409-6025-526.31-08 200.00 REIFENSTAHL, PATRICIA FIRST AID &SAFETY EQUIP. 409-6025-526.31-08 50.00 SWAIN'S GENERAL STORE INC SUPPLIES 409-6025-526.20-80 36.57 VERIZON WIRELESS 08-15 A/C 442043914-00001 409-6025-526.42-10 370.77 ZOLL MEDICAL CORPORATION SALE SURPLUS/OBSOLETE 409-6025-526.31-02 128.00 SUPPLIES 409-6025-526.31-02 455.28 Medic I Division Total: $4,631.27 Fire Department Total: $4,631.27 Medic I Utility Fund Total: $4,631.27 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 32,363.28 Wastewater Remediation Division Total: $32,363.28 Public Works-WW/Stormwtr Department Total: $32,363.28 Harbor Clean Up Fund Total: $32,363.28 ALPHA BUILDER CORPORATION CITY REBATE 421-7121-533.49-86 1,182.00 Page 14 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 21 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount BRIAN WALSH CITY REBATE 421-7121-533.49-86 100.00 CENTURYLINK-QWEST 08-23 A/C 79513296 421-7121-533.42-10 0.09 CLEARESULT CITY REBATE 421-7121-533.49-86 338.67 CITY REBATE 421-7121-533.49-86 2,398.44 DAVE'S HEATING &COOLING SVC CITY REBATE 421-7121-533.49-86 1,200.00 CITY REBATE 421-7121-533.49-86 800.00 CITY REBATE 421-7121-533.49-86 1,200.00 CITY REBATE 421-7121-533.49-86 1,200.00 FAIRMOUNT SHELL FOOD MART CITY REBATE 421-7121-533.49-86 7,471.60 MATHEWS GLASS CO INC CITY REBATE 421-7121-533.49-86 39.66 CITY REBATE 421-7121-533.49-86 42.00 PENINSULA HEAT INC CITY REBATE 421-7121-533.49-86 800.00 Conservation Division Total: $16,772.46 Public Works-Electric Department Total: $16,772.46 Conservation Fund Total: $16,772.46 SALISH CONSTRUCTION COMPANY Release Retainage 451-0000-223.40-00 4,600.00 Release Retainage 451-0000-223.40-00 8,635.30 Division Total: $13,235.30 Department Total: $13,235.30 ADVANTAGE ESCROW COMPANY FINANCIAL SERVICES 451-7188-594.65-10 351,138.65 Electric Projects Division Total: $351,138.65 Public Works-Electric Department Total: $351,138.65 Electric Utility CIP Fund Total: $364,373.95 BROWN AND CALDWELL CONSTRUCTION SERVICES,GEN 453-7488-594.65-10 (1,459.10) TEK CONSTRUCTION, INC CONSTRUCTION SERVICES,HEA 453-7488-594.65-10 8,162.00 Wastewater Projects Division Total: $6,702.90 Public Works-WW/Stormwtr Department Total: $6,702.90 Wastewater Utility CIP Fund Total: $6,702.90 HERRERA ENVIRONMENTAL ENGINEERING SERVICES 454-7588-594.65-10 4,880.28 CONSULTANTS Solid Waste Coll Projects Division Total: $4,880.28 Public Works-Solid Waste Department Total: $4,880.28 Solid Waste Utility CIP Fund Total: $4,880.28 BROWN AND CALDWELL CONSULTING SERVICES 463-7489-594.65-10 12,205.06 TEK CONSTRUCTION, INC CONSTRUCTION SERVICES,HEA 463-7489-594.65-10 301,330.22 Page 15 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 22 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount VANIR CONSTRUCTION MGMT, INC CONSULTING SERVICES 463-7489-594.41-50 66,601.33 CSO Capital Division Total: $380,136.61 Public Works-WW/Stormwtr Department Total: $380,136.61 CSO Capital Fund Total: $380,136.61 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 3,808.53 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,485.78 FIRESTONE COMPLETE AUTO AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 572.74 CARE AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 952.12 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 1,008.22 MCMASTER-CARR SUPPLY CO AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 101.29 AUTO &TRUCK ACCESSORIES 501-0000-237.00-00 (7.85) AUTO &TRUCK MAINT. ITEMS 501-0000-237.00-00 (5.19) AUTO &TRUCK ACCESSORIES 501-0000-141.40-00 666.30 AUTO &TRUCK ACCESSORIES 501-0000-237.00-00 (51.64) NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 64.75 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 9.91 PACIFIC GOLF&TURF AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 106.33 BELTS AND BELTING 501-0000-141.40-00 147.83 VERSALIFT NORTHWEST, LLC AUTO&TRUCK MAINT. ITEMS 501-0000-237.00-00 (6.97) Division Total: $11,852.15 Department Total: $11,852.15 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 102.68 ALLDATA RENTAL/LEASE EQUIPMENT 501-7630-548.48-02 119.24 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 117.36 AUTOZONE STORES, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 (73.97) AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 214.62 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 223.29 CENTURYLINK-QWEST 08-23 A/C 79513296 501-7630-548.42-10 0.30 FASTENAL INDUSTRIAL AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 3.97 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 23.76 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 87.23 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 162.01 LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 501-7630-548.34-02 153.93 MCMASTER-CARR SUPPLY CO AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 66.92 N C MACHINERY CO AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 1,284.28 Page 16 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 23 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 54.62 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 4.79 OWEN EQUIPMENT AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 1,077.88 PACIFIC GOLF&TURF AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 152.44 PDQ AUTO, INC. AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 771.09 EXTERNAL LABOR SERVICES 501-7630-548.34-02 1,384.75 PORT ANGELES TIRE FACTORY EXTERNAL LABOR SERVICES 501-7630-548.34-02 86.50 EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.37 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 13.01 EXTERNAL LABOR SERVICES 501-7630-548.34-02 167.84 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 178.86 EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.37 EXTERNAL LABOR SERVICES 501-7630-548.34-02 195.71 EXTERNAL LABOR SERVICES 501-7630-548.34-02 465.99 EXTERNAL LABOR SERVICES 501-7630-548.34-02 94.35 EXTERNAL LABOR SERVICES 501-7630-548.34-02 94.35 RICHMOND 2-WAY RADIO EXTERNAL LABOR SERVICES 501-7630-548.34-02 260.16 EXTERNAL LABOR SERVICES 501-7630-548.34-02 104.06 EXTERNAL LABOR SERVICES 501-7630-548.34-02 105.15 RUDDELL AUTO MALL AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 61.30 RUDY'S AUTOMOTIVE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 371.94 EXTERNAL LABOR SERVICES 501-7630-548.34-02 290.95 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 42.66 EXTERNAL LABOR SERVICES 501-7630-548.34-02 11.71 SUNSET DC7-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 136.57 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 144.91 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 65.72 SYSTEMS FOR PUBLIC SAFETY, EXTERNAL LABOR SERVICES 501-7630-594.64-10 53.33 INC TOWN &COUNTRY TRACTOR, INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 156.43 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 30.69 VERSALIFT NORTHWEST, LLC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 89.95 WESTERN PETERBILT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 150.52 Equipment Services Division Total: $9,340.59 Public Works-Equip Svcs Department Total: $9,340.59 Page 17 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 24 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount Equipment Services Fund Total: $21,192.74 CENTURYLINK-QWEST 08-23 A/C 79513296 502-2081-518.42-10 0.38 IBM DATA PROC SERV&SOFTWARE 502-2081-518.48-02 2,419.49 INSIGHT PUBLIC SECTOR COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 36.85 NORTHPOINT CONSULTING INC ARCGISCW TRENT 502-2081-518.41-50 92.50 WWTPSCADA KALEB 502-2081-518.41-50 330.00 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 502-2081-518.45-31 14.56 OFFICE MACHINES&ACCESS 502-2081-518.45-31 15.39 OFFICE MACHINES&ACCESS 502-2081-518.45-31 23.43 OFFICE MACHINES&ACCESS 502-2081-518.45-31 31.01 OFFICE MACHINES&ACCESS 502-2081-518.45-31 31.33 OFFICE MACHINES&ACCESS 502-2081-518.45-31 42.10 OFFICE MACHINES&ACCESS 502-2081-518.45-31 60.08 OFFICE MACHINES&ACCESS 502-2081-518.45-31 64.04 OFFICE MACHINES&ACCESS 502-2081-518.45-31 68.70 OFFICE MACHINES&ACCESS 502-2081-518.45-31 80.44 OFFICE MACHINES&ACCESS 502-2081-518.45-31 94.32 OFFICE MACHINES&ACCESS 502-2081-518.45-31 125.93 OFFICE MACHINES&ACCESS 502-2081-518.45-31 128.28 OFFICE MACHINES&ACCESS 502-2081-518.45-31 136.03 OFFICE MACHINES&ACCESS 502-2081-518.45-31 141.59 OFFICE MACHINES&ACCESS 502-2081-518.45-31 150.33 OFFICE MACHINES&ACCESS 502-2081-518.45-31 347.31 OFFICE MACHINES&ACCESS 502-2081-518.45-31 420.72 Information Technologies Division Total: $4,854.81 Finance Department Total: $4,854.81 Information Technology Fund Total: $4,854.81 AWC EMPLOYEE BENEFITS TRUST L1 Med/Vis Premiums 503-1631-517.46-34 5,898.27 Life Insurance 503-1631-517.46-32 1,690.15 LTD 503-1631-517.46-31 4,454.26 Med/Den/Vis Premiums 503-1631-517.46-30 246,363.40 NW ADMIN TRANSFER ACCT CONSULTING SERVICES 503-1631-517.46-33 85,078.40 Other Insurance Programs Division Total: $343,484.48 Self Insurance Department Total: $343,484.48 Self-Insurance Fund Total: $343,484.48 Page 18 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 25 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount AWC EMPLOYEE BENEFITS TRUST Retiree Premiums 602-6221-517.46-35 2,280.92 Fireman's Pension Division Total: $2,280.92 Fireman's Pension Department Total: $2,280.92 Firemen's Pension Fund Total: $2,280.92 AFLAC PAYROLL SUMMARY 920-0000-231.53-11 173.08 PAYROLL SUMMARY 920-0000-231.53-12 916.10 AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 3.00 PAYROLL SUMMARY 920-0000-231.54-40 3.00 PAYROLL SUMMARY 920-0000-231.54-40 351.00 BROWN & BROWN OF PAYROLL SUMMARY 920-0000-231.53-40 1,503.46 WASHINGTON CHAPTER 13 TRUSTEE Case#14-14948 920-0000-231.56-90 794.00 CLALLAM CNTY DIST 1 COURT Case#Y16334 920-0000-231.56-30 848.97 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 18,236.52 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 67,867.92 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 86.64 PAYROLL SUMMARY 920-0000-231.50-20 88.52 PAYROLL SUMMARY 920-0000-231.50-20 74,253.74 FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 1,841.80 GUARANTEED EDUCATION PAYROLL SUMMARY 920-0000-231.56-95 122.00 TUITION IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 1,504.28 ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 17,487.50 IUOE LOCAL 302 PAYROLL SUMMARY 920-0000-231.54-50 623.79 LEOFF P/R Deductions pe 08-14 920-0000-231.51-21 4,979.82 Leoff pe 08-28 920-0000-231.51-21 24,425.95 OFFICE OF SUPPORT Payroll Summary 920-0000-231.56-20 276.92 ENFORCEMENT PERS Pers p/e 08-28 920-0000-231.51-10 1,377.97 Pers p/e 08-28 920-0000-231.51-11 12,852.79 Pers p/e 08-28 920-0000-231.51-12 61,786.37 POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 421.00 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 416.00 WSCCCE AFSCME AFL-CIO PAYROLL SUMMARY 920-0000-231.54-40 16.18 PAYROLL SUMMARY 920-0000-231.54-40 16.18 PAYROLL SUMMARY 920-0000-231.54-40 5,176.69 Page 19 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 26 City of Port Angeles �Il�1...........1U�1l7aoi, City Council Expenditure Report r� �aMFBetween Aug 27, 2016 and Sep 9, 2016 Vendor Description Account Number Amount Division Total; $298,451.19 Department Total: $298,451.19 Payroll Clearing Fund Total: $298,451.19 Total for Checks Dated Between Aug 27,2016 and Sep 9,2016 $3,701,429.08 Page 20 of 20 Sep 14, 2016 2:29:54 PM 09/20/2016 E - 27 IMORT .; NGELES W A S H I N G T O N, U. S. A. .... CITY COUNCIL MEMO DATE: September 20, 2016 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: 2016 Sanitary Sewer & Stormdrain System Cleaning & CCTV, Contract SVC- 2016-23 Summary: Bids were requested for the 2016 Sanitary Sewer& Stormdrain System Cleaning & CCTV SVC-2016-23. Four bids were received and opened on September 13, 2016. The low, responsible bidder is Flow Technologies Inc., of Tualatin, Oregon in the bid amount of$50,357.22 Funding: The 2016 Wastewater Utility Operations budget has $30,000 in available funds for sanitary sewer cleaning and videoing work, and an additional $20,000 is available in the 2016 Stormwater Utility Operations budget for stormdrain cleaning and videoing work. Recommendation: Approve and authorize the City Manager to sign a contract for the 2016 Sanitary Sewer& Stormdrain System Cleaning & CCTV SVC-2016-23, with Flow Technologies Inc., of Tualatin, Oregon for the contracted not-to-exceed maximum value of$50,000 including sales tax, and to make minor modifications to the contract, if necessary. Background/Analysis: This contract work is for the jet cleaning, root and debris removal of selected sewer and stormwater lines in the City, followed by video inspection. The videoing will serve as investigatory work for various repair and infiltration projects in 2017. The contract is being bid as a unit price contract for the various diameter sizes of pipe in the City sewer and stormwater system. Work will be ordered over the next three months for various pipe networks in the wastewater collection and stormwater system. The maximum price for all work ordered under this maintenance contract is $50,000. Competitive quotes were requested from the small works roster on August 30, 2016. Four quotations were received on September 13, 2016. Flow Technologies Inc., of Tualatin, Oregon was the low,responsible bidder. One bidder, Heritage- Crystal Clean, LLC., of Elgin, Illinois was determined to be non-responsive due to failing to acknowledge Addendum No. 1. The results of the bidding are shown in the following table. The estimated quantities used for evaluating bids were for purposes of ranking the bidder's proposals to establish the best value to the City. The N:ACC0UNCIL\F1NAL\SVC-2016-23 Sanitary Sewer&Stormwater Cleaning&CCTV-Contract Award.doc 09/20/2016 E - 28 September 20,2016 City Council Re: SVC-2016-23 Sanitary Sewer& Stormdrain System Cleaning&CCTV Page 2 overall value of the contract remains at $50,000 with the City having the ability to request cleaning and investigation of any combination of pipe sizes. The total bid amounts, including taxes, are tabulated in the following table: VENDOR LOCATION TOTAL BID (Applicable taxes included) Flow Technologies Inc. Tualatin, OR $50,357.22 Innovative Vacuum Services, Inc. Edmonds, WA $50,893.80 Heritage - Crystal Clean, LLC. Elgin, IL (Non-responsive) $55,256.90 Everson's Econo Vac. Sumner, WA $94,802.30 Government Estimate $55,000.00 Funding Overview: This Contract is an indefinite quantity—indefinite delivery contract with the expectation of executing all work on three separate service orders with an option of a fourth service order. The minimum order size for any individual service order will be $10,000, based on the unit priced line items bid in the contract. The 2016 Wastewater Utility Operations budget has $30,000 in available funds for sanitary sewer cleaning and videoing work, and an additional $20,000 is available in the 2016 Stormwater Utility Operations budget for stormdrain cleaning and videoing work. 09/20/2016 E - 29 0)R ' 'E'LES W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: September 20, 2016 TO: CITY COUNCIL FROM: Craig Fulton, P. E., Director of Public Works &Utilities SUBJECT: Interagency Agreement with Washington Department of Natural Resources (DNR)— SoundCorps Crews Summary: Interagency agreement with DNR allows Urban and Community Forestry Program SoundCorps crews to remove invasive species and replant native species within designated sections of the City. Funding: Minimal funding for purchase of herbicide and native plants, if required (budgeted in Street and Stormwater budgets). Recommendation: Approve and authorize the City Manager to sign an Interagency Agreement with Department of Natural Resources to furnish Soundcorps crews to remove invasive species along designated areas of the City. Background/Analysis: DNR Urban and Community Forestry Program supports communities in the restoration and maintenance of urban forestry. The"SoundCorps" program utilizes young adults and veterans as a work force to achieve the urban restoration and maintenance objectives with an additional focus on job creation. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by Washington Department of Ecology. It is expected that the crew will be in Port Angeles during the month of December 2016. The Interagency Agreement between DNR and the City of Port Angeles allows for SoundCorps crews to accomplish the following Port Angeles projects at no cost to the City: • Remove Scotch Broom and other invasive species and prune native vegetation to enhance the Valley Creek riverbed, an area which has been a focus of past City urban creek restoration proj ects • Other sites and/or locations as agreed by the City's Project Coordinator and the DNR Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location. (Note: Discussions are ongoing with the Clallam County Noxious Weed Control Coordinator for other potential areas requiring invasive species removal) N:ACCOUNCIL\FINAL\Urban Forest Interagency Agreement with DNR.doc 09/20/2016 E - 30 September 20,2016 City Council Re: Urban Forest Interagency Agreement with DNR Page 2 The City requirements are: • Post news releases in advance of the event. • Acquire any permits necessary for project work. • Assist with any volunteer registration, sign-in and wavers at restoration events. • Dispose of plant material removed during project activities • Develop and implement a three-year maintenance plan for the project site,to include annual monitoring. • Report monitoring results to the DNR Urban and Community Forestry Program annually for three years. In 2015, Soundcorps crews did an excellent job of clearing the Olympic Discovery Trail from 18th Street to the Dry Creek Bridge along with planting native species, and also removed a large section of noxious weed from Shane Park, again with replanting of native species. This restoration program does not require any City funding except for purchase of herbicide and native plants if required (budgeted in Street and Stormwater budgets). In 2015, native plants were obtained through donations. Attachment: Interagency Agreement 09/20/2016 E - 31 NA70L nATURAL RESOURCES COOPERATIVE AGREEMENT WITH THE CITY OF PORT ANGELES Agreement No. CA 93-094579 This Agreement is between the City of Port Angeles referred to as the City, and the Washington State Department of Natural Resources Urban and Community Forestry Program, referred to as DNR. DNR is under authority of RCW Chapter 43.30 of Washington State, Department of Natural Resources. DNR and the City enter into this agreement under Chapter 39.34, Interlocal Cooperation Act. The purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban forestry maintenance and restoration tasks in the City. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by Washington State Dept. of Ecology. SoundCorps crews work on projects that help restore and protect water quality in Puget Sound. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. DNR shall furnish SoundCorps crews and the City shall provide all materials and services pertinent to performing work set forth in the Attachment A — Statement of Work. 2.01 Period of Performance. The period of performance of this Agreement shall be October 1, 2016, to June 30, 2020, unless terminated sooner as provided herein. The City shall receive one calendar month, approximately four weeks, of crew assistance between December 1, 2016, and February 28, 2017. 3.01 Payment. No money is being exchanged via this agreement. I of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 32 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be `works for hire' as defined by the U.S. Copyright Act of 1976 and shall be equally owned by DNR and the City. Data shall include, but not be limited to, reports, documents,pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to use, copyright,patent, register and the ability to transfer these rights. 7.01 Independent Capacity. The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments. This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination for Convenience. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated, no further crew time shall be allocated to the City during the current project year. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 5 working days to correct the violation or failure. If the failure or violation is not corrected within 5 days, the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance. This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules; (2) Attachment A— Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 2 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 33 13.01 Assignment. The work to be provided under this Agreement and any claim arising from this agreement can not be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party. Neither party shall unreasonably withhold consent. 14.01 Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability. The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 General Insurance. At all times during the term of this Agreement, the City shall, at its cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the agreement at DNR's option. All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best, s Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by the DNR Risk Manager or in the absence of, the DNR Contracts Specialist, before the agreement is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. Before starting work, the City shall furnish DNR, with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements. The City shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of subcontractor(s) to comply with insurance requirements does not limit the City's liability or responsibility. Said certificate(s) shall contain the Agreement number CA 93-094427, name of DNR Project Manager, a description, and include the State of Washington, DNR, its elected and appointed officials, agents, and employees as additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this agreement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by DNR. The City waives all rights against DNR for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Agreement. DNR shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. (1). Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The insurer shall give DNR 45 days advance notice of 3 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 34 cancellation or non-renewal. If cancellation is due to nonpayment of premium, the DNR shall be given 10 days advance notice of cancellation. (2). Insurers subject to Chapter 48.15 RCW (Surplus lines): DNR shall be given 20 days advance notice of cancellation. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. In lieu of the coverages required under this section, DNR at its sole discretion may accept evidence of self-insurance by the City,provided the latter provides the following: The City shall provide a statement by a CPA or actuary, satisfactory to DNR that demonstrates the City's financial condition is satisfactory to self-insure any of the required insurance coverages. DNR may require the City to provide the above from time to time to ensure the City's continuing ability to self-insure. If at any time the City does not satisfy the self-insurance requirement, the City shall immediately purchase insurance as set forth under this section. By requiring insurance herein, DNR does not represent that coverage and limits will be adequate to protect the City and such coverage and limits shall not limit the City's liability under the indemnities and reimbursements granted to DNR in this Agreement. The limits of insurance, which may be increased by DNR, as deemed necessary, shall not be less than as follows: (1) Commercial General Liability (CGL) Insurance: Agency shall maintain general liability (CGL)insurance, and, if deemed necessary as determined by DNR, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence and $2,000,000 for a general aggregate limit. The products-completed operations aggregate limit shall be $2,000,000. CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute form providing equivalent coverage). All insurance shall cover liability arising out of premises, operations, independent contractors,products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and contain separation of insured's (cross liability) conditions. (2) Employers Liability (Stop Gap) Insurance: If the City shall use employees to perform this contract, the City shall buy employers liability insurance, and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or$1,000,000 each employee for bodily injury by disease. 4 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 35 (3) Business Auto Policy (BAP) Insurance: The City shall maintain business auto liability and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of"any Auto". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage and cover a"covered pollution cost or expense" as provided in the 1990 or later editions of CA 00 01. The City waives all rights against DNR for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (4) Workers' Compensation Insurance: The City shall comply with all State of Washington workers compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of the City and employees of any subcontractor or sub-subcontractor. Coverage shall include bodily injury(including death)by accident or disease, which arises out of or in connection with the performance of this agreement. Except as prohibited by law, the City waives all rights of subrogation against DNR for recovery of damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability or commercial umbrella liability insurance. The City shall indemnify DNR for all claims arising out of the City's, its subcontractor's, or sub-subcontractor's failure to comply with any State of Washington worker's compensation laws where DNR incurs fines or is required by law to provide benefits to or obtain coverage for such employees. Indemnity shall include all fines,payment of benefits to the City or subcontractor employees, or their heirs or legal representatives, and the cost of effecting coverage on behalf of such employees. Any amount owed to DNR by the City pursuant to the indemnity may be deducted from any payments owed by DNR to the City for performance of this Agreement. 17.01 Indemnification. To the fullest extent permitted by law, the City shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The City's obligation to indemnify, defend, and hold harmless includes any claim by the City's agents, employees, representatives, or any subcontractor or its employees. The City expressly agrees to indemnify, defend, and hold harmless DNR for any claim arising out of or incident to the City's or any subcontractor's performances or failure to perform the Agreement. The City's obligation to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of DNR or its agents, agencies, employees and officials. The City 5 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 36 waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless DNR and its agencies, officials, agents or employees. 18.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 19.01 Contract Management. The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 20.01 Project Coordinators. (1) The Project Coordinator for the City is Craig Fulton, Telephone Number(360) 417-4800. (2) The Project Coordinator for DNR is Micki McNaughton, Telephone Number (360) 902-1637. 6 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 37 By signature below, the Agencies certify that the individuals listed in this document, as representatives of the Agencies, are authorized to act in their respective areas for matters related to this instrument. IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF PORT ANGELES STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Signature Date Signature Date Robert W. Johnson Name Name Wildfire Division Manager Title Title 1111 Washington Street SE MS 47037 Olympia, Washington 98504-7037 Address Address (360) 902-1300 Telephone Telephone 7 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 38 Attachment A STATEMENT OF WORK DNR provides the services of the SoundCorps crew in exchange for the City's matching commitment to the project as described herein below. Local projects must be on public property, and work performed by the crews may not replace workers already in place or contracted. DNR will provide the following to the City for projects that receive one month of crew assistance under the Urban Forest Restoration Project between December 1, 2016, and February 28, 2017: • Template for media release to assist in building public awareness of crew work. • Puget SoundCorps crew time to perform urban forestry maintenance and restoration tasks as outlined below: o Valley Creek ravine. Remove non-native invasive plant species. o Tumwater Creek corridor. Remove non-native invasive plant species. o Street trees, Marine Drive. Prune for structure and form. Remove and replace as necessary. o Other sites and/or locations as agreed by the City's Project Coordinator and the DNR Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location. • Report from DNR to the community that includes a description of the project and the work accomplished by the crew. • Template for three-year maintenance and monitoring plan. • Template for annual monitoring report. The City commits to the following in consideration for the services of the DNR-sponsored crew: • Post media releases in advance of and/or during the crew's time with the City. • Acquire any permits necessary for project work. • Dispose of materials removed during project activities (English ivy vines, blackberry canes, trash, etc.). • Provide any and all materials required for project completion (plants, mulch, herbicide, staking materials, etc.). • Provide traffic control, including traffic control plan, barriers, cones, flagging materials, etc. as necessary to ensure the safety of the crew and public. • The City is responsible for the maintenance and repair of any equipment provided by the City and used by the SoundCorps crew under the direction of City staff. o Dept. of Ecology (SoundCorps crews)is responsible for the maintenance and repair of any equipment provided by SoundCorps and/or Ecology. • Develop and implement a three-year maintenance and monitoring plan for the project site within 60 days of receiving the DNR Report of the crew's work. • Report monitoring results to the DNR Urban and Community Forestry Program annually for three years beginning the year after the crew's work per the approved three-year maintenance 8 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 39 and monitoring plan. Final Annual Monitoring Report for work performed under this agreement will be due no later than June 30, 2020. 9 of 9 Agreement No.CA 93-094579 Port Angeles 09/20/2016 E - 40 WIMP"NIOR/T NGELES IU�=- W A S H I N G T O N, U. S. A. Off ..... A""' """"""' CITY COUNCIL MEMO DATE: September 20, 2016 To: City Council FROM: KARL HATTON,REGIONAL EMERGENCY COMMUNICATIONS DIRECTOR SUBJECT: Annual Support Agreement for Pencom CAD System Summary: Tyler Technologies acquired New World Systems requiring annual support and maintenance agreement changes. While this is a change to the current licensing agreement, this agreement is necessary to continue maintenance and support for the Computer Aided Dispatch system and law enforcement records management, mobile data terminals and jail software. Funding: This is a contractual change only recognizing the change of the parent company to Tyler Technologies and moving the City from a three-year contract to a one-year contract as is standard with the new company. At this time there is no change to funding. Recommendation: Authorize the City Manager to sign the contract incorporating the changes and the extension. Background/Analysis: New World Systems has been taken over by a parent company, Tyler Technologies. Tyler requires that we move from a three-year maintenance and support agreement to a one year agreement with provisions for automatic extensions each year. This agreement is required in order to maintain maintenance and support for the Computer Aided Dispatch software, law enforcement records management software,jail management and mobile data. Funding Overview: This agreement is primarily designed to update the existing agreement to the new parent company Tyler Technologies in order to provide consistent service. At the present time, Tyler Technologies is honoring the funding in the previous contract. Moving forward, fees will be charged on an annual basis based on current rates for that year. Currently there is $304,300.00 in the 2016 budget for this system. No changes in rates or fees are expected for this year. The projected 2017 Pencom budget has the approximate cost built into it; however, Tyler Technologies will update their rates. Ultimately the City's net cost will be zero, and any additional charges will be 100% funded by the Pencom user agencies and built into their user fees. 09/20/2016 E - 41 tyler 840 West Long Lake Road June 3, 2016 Troy,M1 48098 P:248.269.1000 Mr. Steve Romberg Communications Manager Port Angeles Police 321 East 5th Street Port Angeles, WA 98362 Dear Mr. Romberg, Enclosed is the annual support agreement for the upcoming renewal period beginning 3/1/2017 that will apply to the New World software you have licensed. You will note that this renewal form is different from the forms you may have received in the past. First,you will see that the agreement is with Tyler Technologies, Inc. As you may know, New World Systems merged into Tyler effective November 16, 2015. Second, the enclosed form aligns you with the Tyler-wide practice of establishing one-year maintenance and support terms,which automatically renew on an annual basis. Fees are also set for all customers on an annual basis, based on Tyler's then-current rates. In future years, you will receive an invoice from us reflecting your fees, based on those rates. You will not receive a new form to complete and sign. Now that New World is part of the Tyler family,we are taking this step to simplify the administration of your contract- a change we believe benefits us both. This change does not mean, though, that you are forever bound to a maintenance and support agreement with Tyler. If you choose to,you may terminate the agreement, effective as of the last date of the then- current term, by providing us at least ninety (90) days' notice of your intent to do so. I ask that you sign and return the form to James Fee, Senior Accountant,Tyler Technologies, Inc., 840 West Long Lake Road, Troy, MI 48098. Please do not hesitate to contact James at 248.269.1000 ext.1294 or james.fee@tylertech.com with any questions or concerns. If James is unavailable, or you prefer,you may also contact your Customer Care Manager. Sincerely, Abigail Diaz Vice President& Associate General Counsel Enclosure 09/20/2016 E - 42 Support Agreement This Support Agreement is made,as of the date set forth below(the"Effective Date") by and between Tyler Technologies, Inc.with offices at 840 West Long Lake Road,Troy,MI 48098 ("Tyler") and the client identified below ("Client"). WHEREAS, Tyler and Client are parties to an original agreement("Agreement") under which Client licensed the New World software itemized therein; and WHEREAS, Tyler and New World merged effective November 16,2015,with Tyler as the surviving entity;and WHEREAS,Tyler and Client desire to update the applicable maintenance and support services terms; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows: 1. The New World software Client licensed under the Agreement, and on which Client has paid maintenance and support fees through the Effective Date, shall mean the"Tyler Software"for purposes of this Support Agreement. 2. Tyler shall provide maintenance and support services on the Tyler Software according to the terms of Exhibit I to this Support Agreement. 3. For the term specified in the applicable invoice, Client shall remit to Tyler maintenance fees in the amount set forth therein. Payment is due within thirty (30)days of the invoice date. 4. This Support Agreement shall be governed by and construed in accordance with the terms and conditions of the Agreement. 5. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Support Agreement as of the dates set forth below. Tyler Technologies, Inc. Client: City of Port Angeles, WA By: By: Name: Grey;Sebastian Name: Title: President, Public Safety Division Title: Date: Date: 09/20/2016 E - 43 0 0" tyler Exhibit 1 Maintenance and Support Agreement Tyler("we")will provide Client("you")with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Support Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date, and remains in effect for one(1)year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least ninety(90) days prior to the end of the then- current term. We will adjust the term to match your first use of the Tyler Software in live production if that event precedes the one (1)year anniversary of the Effective Date. 2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the applicable invoice. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty(30)days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees,we will,consistent with our then-current Support Call Process: 3.1 perform our maintenance and support obligations in a professional,good, and workmanlike manner, consistent with industry standards,to resolve Defects, as defined in the Agreement, in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however,that if you modify the Tyler Software without our consent,our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 a) provide telephone support during our established support hours,currently Monday through Friday from 8:00 a.m.to 8:00 p.m (Eastern Time Zone) b) emergency 24-hour per day telephone support,for New World CAD only,seven (7) days per week for Licensed Standard Software. Normal service is available from 8:00 a.m.to 8:00 p.m. (Eastern Time Zone). After 8:00 p.m.,the New World CAD phone support will be provided via pager and a support representative will respond to CAD service calls within 30 minutes of call initiation. 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and third party software, if any, in order to provide maintenance and support services; 3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements)that we make generally available without additional charge to customers who have a maintenance and support agreement in effect;and 3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then- current release life cycle policy. 09/20/2016 E - 44 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Therefore,you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely,we may be required to provide onsite services. In such event,we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way,you agree to provide us with full and free access to the Tyler Software,working space, adequate facilities within a reasonable distance from the equipment,and use of machines, attachments, features,or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 5. Hardware and Other Systems. If in the process of diagnosing a software support issue it is discovered that one of your peripheral systems or other software is the cause of the issue,we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain third party products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support,you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software,as set forth above); (c) application design; (d)other consulting services; (e) maintenance and support of an operating system or hardware; (f)support outside our established support hours;or(g) installation,training services,or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1)weeks' advance notice. 7. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided Schedule A to Exhibit 1. 09/20/2016 E - 45 ty!er Exhibit 1 Schedule A Support Call Process If, after you have cut over to live production use of the Tyler Software, you believe that the Tyler Software is Defective, as "Defect" is defined in the Agreement, then you will notify us by phone, in writing, by email, or through the support website. Please reference the applicable Customer Support page at www.tylertech.com/client-support for information on how to use these various means of contact. Documented examples of the claimed Defect must accompany each notice. We will review the documented notice and when there is a Defect, we shall resolve it at no additional cost to you beyond your then-current maintenance and support fees. In receiving and responding to Defect notices and other support calls, we will follow the priority categorizations below. These categories are assigned based on your determination of the severity of the Defect and our reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via the same methods outlined above,to request the change. In each instance of a Priority 1 or 2 Defect, prior to final Defect correction, the support team may offer you workaround solutions, including patches, configuration changes, and operational adjustments, or may recommend that you revert back to the prior version the Tyler Software pending Defect correction. (a) Priority 1:A Defect that renders the Tyler Software inoperative,or causes the Tyler Software to fail catastrophically. After initial assessment of the Priority 1 Defect, if required, we shall assign a qualified product technical specialist(s) within one business (1) hour. The technical specialist(s) will then work to diagnose the Defect and to correct the Defect, providing ongoing communication to you concerning the status of the correction until the Tyler Software is operational without Priority 1 defect. The goal for correcting a Priority 1 Defect is 24 hours or less. (b) Priority 2:A Defect that substantially degrades the performance of the Tyler Software, but does not prohibit your use of the Tyler Software. We shall assign a qualified product technical specialist(s) within four (4) business hours of our receipt of your notice. The product technical specialist will then work to diagnose and correct the Defect. We shall work diligently to make the correction, and shall provide ongoing communication to you concerning the status of the correction until the Tyler Software is operational without Priority 2 Defect. The goal for correcting a Priority 2 event is to include a correction in the next Tyler Software release. (c) Priority 3:A Defect which causes only a minor impact on the use of the Tyler Software. We may include a correction in subsequent Tyler Software releases. 09/20/2016 E - 46 Support Agreement This Support Agreement is made, as of the date set forth below(the"Effective Date") by and between Tyler Technologies, Inc. with offices at 840 West Long Lake Road,Troy,MI 48098 ("Tyler") and the client identified below ("Client"). WHEREAS, Tyler and Client are parties to an original agreement("Agreement")under which Client licensed the New World software itemized therein; and WHEREAS, Tyler and New World merged effective November 16, 2015, with Tyler as the surviving entity; and WHEREAS, Tyler and Client desire to update the applicable maintenance and support services terms; NOW THEREFORE,in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows: 1. The New World software Client licensed under the Agreement, and on which Client has paid maintenance and support fees through the Effective Date, shall mean the"Tyler Software"for purposes of this Support Agreement. 2. Tyler shall provide maintenance and support services on the Tyler Software according to the terms of Exhibit I to this Support Agreement. 3. For the term specified in the applicable invoice, Client shall remit to Tyler maintenance fees in the amount set forth therein. Payment is due within thirty(30) days of the invoice date. 4. This Support Agreement shall be governed by and construed in accordance with the terms and conditions of the Agreement. 5. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Support Agreement as of the dates set forth below. Tyler Technologies, Inc. Client: City of Port Angeles, WA By: By: Name: Greu Sebastian Name: Title: President, Public Safety Division Title: Date: Date: 09/20/2016 E - 47 ty er Exhibit 1 Maintenance and Support Agreement Tyler("we")will provide Client("you")with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Support Agreement., 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date, and remains in effect for one (1)year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least ninety(90)days prior to the end of the then- current term. We will adjust the term to match your first use of the Tyler Software in live production if that event precedes the one(1)year anniversary of the Effective Date. 2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the applicable invoice. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty(30)days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software,and you timely pay your maintenance and support fees,we will, consistent with our then-current Support Call Process: 3.1 perform our maintenance and support obligations in a professional,good, and workmanlike manner, consistent with industry standards,to resolve Defects,as defined in the Agreement, in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however,that if you modify the Tyler Software without our consent,our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 a) provide telephone support during our established support hours,currently Monday through Friday from 8:00 a.m.to 8:00 p.m (Eastern Time Zone) b) emergency 24-hour per day telephone support,for New World CAD only,seven (7) days per week for Licensed Standard Software. Normal service is available from 8:00 a.m.to 8:00 p.m. (Eastern Time Zone). After 8:00 p.m.,the New World CAD phone support will be provided via pager and a support representative will respond to CAD service calls within 30 minutes of call initiation. 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and third party software, if any, in order to provide maintenance and support services; 3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements)that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then- current release life cycle policy. 09/20/2016 E - 48 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Therefore,you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely,we may be required to provide onsite services. In such event,we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way,you agree to provide us with full and free access to the Tyler Software,working space, adequate facilities within a reasonable distance from the equipment,and use of machines,attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 5. Hardware and Other Systems. If in the process of diagnosing a software support issue it is discovered that one of your peripheral systems or other software is the cause of the issue,we will notify you so that you may contact the support agency for that peripheral system.We cannot support or maintain third party products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support,you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any);and (c) You will perform daily database backups and verify that those backups are successful. 6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support(unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d)other consulting services; (e) maintenance and support of an operating system or hardware; (f)support outside our established support hours;or(g) installation,training services,or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one(1)weeks' advance notice. 7. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided Schedule A to Exhibit 1. 09/20/2016 E - 49 t y e r , Exhibit 1 Schedule A Support Call Process If, after you have cut over to live production use of the Tyler Software, you believe that the Tyler Software is Defective, as "Defect" is defined in the Agreement, then you will notify us by phone, in writing, by email, or through the support website. Please reference the applicable Customer Support page at www.tylertech.com/client-support for information on how to use these various means of contact. Documented examples of the claimed Defect must accompany each notice. We will review the documented notice and when there is a Defect, we shall resolve it at no additional cost to you beyond your then-current maintenance and support fees. In receiving and responding to Defect notices and other support calls, we will follow the priority categorizations below. These categories are assigned based on your determination of the severity of the Defect and our reasonable analysis. If you believe a priority categorization needs to be updated, you may contact us again, via the same methods outlined above,to request the change. In each instance of a Priority 1 or 2 Defect, prior to final Defect correction, the support team may offer you workaround solutions, including patches, configuration changes, and operational adjustments, or may recommend that you revert back to the prior version the Tyler Software pending Defect correction. (a) Priority 1:A Defect that renders the Tyler Software inoperative;or causes the Tyler Software to fail catastrophically. After initial assessment of the Priority 1 Defect, if required, we shall assign a qualified product technical specialist(s) within one business (1) hour. The technical specialist(s) will then work to diagnose the Defect and to correct the Defect, providing ongoing communication to you concerning the status of the correction until the Tyler Software is operational without Priority 1 defect. The goal for correcting a Priority 1 Defect is 24 hours or less. (b) Priority 2:A Defect that substantially degrades the performance of the Tyler Software, but does not prohibit your use of the Tyler Software. We shall assign a qualified product technical specialist(s) within four (4) business hours of our receipt of your notice. The product technical specialist will then work to diagnose and correct the Defect. We shall work diligently to make the correction, and shall provide ongoing communication to you concerning the status of the correction until the Tyler Software is operational without Priority 2 Defect. The goal for correcting a Priority 2 event is to include a correction in the next Tyler Software release. (c) Priority 3:A Defect which causes only a minor impact on the use of the Tyler Software. We may include a correction in subsequent Tyler Software releases. 09/20/2016 E - 50 / T NGELES W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: September 20, 2016 To: City Council FROM: CRAIG FULTON,DIRECTOR OF PUBLIC WORKS &UTILITIES NATHAN WEST,DIRECTOR OF COMMUNITY&ECONOMIC DEVELOPMENT SUBJECT: 2014 WSDOT Pedestrian and Bicycle Safety Grant—TR 01-14 Summary: Funding Opportunity for TR 01-14 to develop the ODT from Valley Creek to the current trailhead at 10' and Milwaukee Funding: The City of Port Angeles was awarded a $200,000 no-match grant in June of 2015 for Pedestrian and Bicycle Safety under the Safe Routes to School Program administered by the Washington Department of Transportation. The purpose of the grant is the production of 100% design and engineering documents for CFP project TR 01-14, a portion of the Olympic Discovery Trail between Valley Creek Estuary and the intersection of Milwaukee and 10th Streets. Recommendation: Accept the 2014 WSDOT Pedestrian and Bicycle Safety Grant and approve and authorize the signing of two copies of the Project Prospectus, Local Agency Agreement, and supporting documents by the City Engineer, Mayor, and City Manager. Background/Analysis: In 2014 The City of Port Angeles submitted an application for the WSDOT Pedestrian and Bicycle Safety Grant, which is administered under the National Safe Routes to School Program. The application asked for $200,000 with no match in support of 100% design and engineering documents for TR 01-14 to fill gaps and redesign portions of the Olympic Discovery Trail between the 10th and Milwaukee Street trailhead and Valley Creek Estuary. The grant was awarded to the City in June 2015. The design and engineering document creation will include consultant selection and a public process with opportunities for stakeholder and public inputs. Work is scheduled to begin in October 2016 with project completion in December of 2017. Further steps include right of way acquisition through easements for 150 feet of trail along a 09/20/2016 E - 51 historic railroad grade to the north of Hill Street in 2018, with project construction completion in 2020. Funding Overview: This grant award is for $200,000 with no match from the City to complete 100% design and engineering documents for CFP project TR 01-14. Total project cost for construction completion is currently estimated at $1,472,638. Attachments: A) CFP TR 01-14 B) Grant Application C) Grant Award Letter D) Project Prospectus, Local Agency Agreement, and supporting documents 09/20/2016 E - 52 Attachment A � a m � yo c0. u° v, v, v, v, v, v, m J l 0 0 0 0 0 0 0 O v . . . . . - ,n Ci O x a 0 3 o J f 0 0 0 0 0 0 0 = . . . . . r - Ln O v N ff Ci v O cam. to N v v � 0 0 0 00 coo _ m N ca 14'.j 3 o v n 0 0 0 0 0 0 0 = N a a Cim . . . . . — v0i rq O u � U v b o v v Ci t4 t4 w O v _ 0 0 0 0 0 0 0 _ ` - Q l Lrr �.• v xi N w — •� O C H o,y 0 14. i/1 i/1 •C o O i p c; O v lr m c ;9 NbA Ci Q p N ! 0 0 ? OG O i � 0 0 0 0 3 tfi O N i N 4 o t Ci p v 14. p N71 j j d 'IZI p 'dCj rff ca to .Cj j . . . . . . . . O O O N O O O C 0 14. N Q O 'o Ci O a o ? N .i 30 n p .-. to to r rtei ;C b In rCi C o oaCi u 14.0 i u � a U •O 3 rff rVC C"r rOC O " .O �' f; f O C u V' o Ci 71v l L� CL ++ O•.r m b�A ''i.i '6 N rG v bA y iCL i i v Ca u O Q U 7 U D O 09/20/2016 E - 53 Attachment B 2014 Pedestrian and Bicycle Program .dIft Grant Application Form Washington State WrAp Department of Transportation Project Title City/County Waterfront and Olympic Discovery Trail: Valley Creek– Port Angeles 10th & Milwaukee Project Location Date The intersections of 10th and Milwaukee to the 05/11/2014 Intersection of Valley Street and Marine Drive State Legislative District#: 24th Congressional District#: WA-06 Lead Agency and Project Manager Grant Request and Total Project Cost: Lead Agency Name:City of Port Angeles Engineering/Infrastructure $200,000 Project Manager: Corey Delikat Title: Director, Parks and Recreation Total Grant Request $200,000 Address: 321 East 5th Street Match/In-kind $ Port Angeles, WA 98362 Phone:360-417-4551 Total Project Cost $200,000 Fax: E-mail:cdelikat@cityofpa.us ® Check if this project is "Design/Scoping"only. Project Description (Describe the project specifically, be sure to include the project limits, connections, safety elements, etc.) Project will provide planning and engineering (PS&E's)for the renovation of an existing urban trail system and construction of addition connecting trail within the City Limits. Project will: a) Provide bicycle lanes and safety features for 6,000 feet of existing shared trail along Marine Drive from the Valley Creek Estuary to the Boathaven. b) Upgrade the separate bicycle and pedestrian trail including trail marking, additional parking, traffic calming islands, and safety features for 4,400 along Marine Drive from the Boathaven to Hill Street. c) Provide a detailed plan for a proposed trailhead at Marine Drive and Hill Street. d) Provide engineering for a new 2,800 foot trail segment in the forested slope between Marine Drive and Crown Park to replace the existing shared trail on Hill Street. The new trail segment will provide a separated trail in a wildland setting, meet current ADA standards, and will consist of 2,100 feet of newly graded trail and 700 feet of an elevated trail. Crown Park is a developed park having an off street parking lot that provides parking for trail users. e) Provide a bicycle lane and safety features for 5,400 feet of existing shared trail along 4th Street and Milwaukee Drive between Crown Park and 10th Street. Recent Progress (Describe any efforts or portions of the project that have been completed or are underway) The City of Port Angeles has been working on the Waterfront and more regional connection of the Olympic Discovery Trail for the last 21 years. In 2009, the City completed a master plan for the development of the Olympic discovery Trail between the Elwha River on the west and Marine Drive on the east. In 2011 the City completed a 2 mile portion of the trail in the western area of the city between Lower Elwha Valley Road and 10th Street on Milwaukee Drive, and Clallam County completed the remaining 2 mile segment between the Elwha River and Lower Elwha Valley Road. Both projects were completed in conformance with the 2009 master plan. These projects created four new trailheads and included segregated trails; safe road crossings where necessary; and a new pedestrian bridge across Dry Creek. The County portion connected to the new Elwha River bridge that was constructed in 2009 and to the Olympic Discovery Trail on the west side of the Elwha River. There has also been significant development of the Waterfront/Olympic Discovery Trail in the Downtown area since 2013. The first Phase of the Waterfront Park and Trail along railroad avenue—which when completed will include 2,100 ft of new separated trails linking to the CBD, the Regional Gateway Transit Center, and the International Pedestrian and Bicycle Program Grant Page 1 H&LP 09/20/2016 E - 54 Attachment B Blackball Coho Ferry to Victoria—has been completed and the Second Phase is scheduled to break ground in July of 2014. The 3rd phase is scheduled for completion in 2017. The Waterfront Park and Trail includes a 14ft separated trail, pedestrian lighting, ocean overlooks, interpretative signage, a connection a proposed not-for-profit oceanographic learning and research center, and beach access. PROJECT SCHEDULE AND COST SUMMARY SECTION Project Element Scheduled Amount(grant amount only) Project Development 06/2015r 200,000 Project Definition (agreement signed) Mo/Yr Begin PE Mo/Yr NEPA/SEPA Kickoff Mo/Yr Environmental Docs Approved Mo/Yr ROW Started Mo/Yr ROW Complete (certification) Mo/Yr Geometric/30% Design Complete Mo/Yr Contract Advertised Mo/Yr Contract Awarded Mo/Yr Open to Public (operationally complete) Mo/Yr Project Cost Summary Dollars in Percent 2015-17 Cash Flow(expenditures billed to WSDOT): Note applicable grant costs thousands of Total Date Planned Project Development $0 0% 9/15 $ 12/15 $ Engineering: 3/16 $ 200,000 Preliminary Engineering $200,000 100% 6/16 $ Right-of-Way $0 0% 9/16 $ Construction $0 0% 12/16 $ Operations/Services $0 0% 3/17 $ 6/17 $ Total 15-17 $ Total Grant Request: $200,000 100% Est. Re-appropriation $ Match Amount(if applicable): $0 0% Future Biennium $ Total Project Cost: $200,000 100% TOTAL $ Additional Comments Regarding Budget and Milestones: Expenditures date will be based on date of 100% A&E completion Target Location Details Section Current Conditions. Describe the current conditions (e.g., existing roadway conditions, speed, risk factors). The current conditions of the trail include a 6-10 foot sidewalk with typical curb protection along a 35 mph 40-50ft roadway, curb to curb, along Marine Drive and up Hill Street. Marine Drive is the main conduit for traffic to Nippon Mill after the Tumwater Truck Route, and this portion of the trail is along Marine Drive is within either Light or Heavy Industrial Zoning where there is constant-regular heavy load truck traffic. Hill Street has no sidewalks, a 7ft shoulder to the south, 3ft shoulder to the North, and is a constant 20% grade over 1740 ft. The current trail includes only 4000 feet of trail separated or lowered and curbed. Only 140 ft section of the trail is set back from the roadway. The bicycle lanes are currently missing for 1000f along the roadway, and are of a minimum standard. There are only five stenciled directional signs at curb cut and roadway intersections indicating a trail user is currently traveling along this portion of the Waterfront or Olympic Discovery Trail. There is no wayfinding or announcement signage when a pedestrian or bicyclist comes to the "T" intersection of Marine Drive and Hill Street where the two trails separate. The Pedestrian and Bicycle Program Grant Page 2 H&LP 09/20/2016 E - 55 Attachment B waterfront trail continues along marine drive to Ediz Hook Drive out to the Public Beach access, but the "T" at Hill Street allows the continuance of the Olympic Discovery Trail, which currently reaches along Lake Crescent. Target Location Details Section (Continued) Distance from major housing, commercial X Nationally designated Operating speed (85 percentile): attraction, transit station or other bicycle or Main Street Community pedestrian generator. 43 MPH X National Main Street Distance (miles) 2.51 Affiliate Posted Travel Speed Comments: This is the final portion of the Waterfront _ National Historic 35 MPH Trail System that spans 6.25 miles within District city limits Prior traffic collisions involving bicyclist/pedestrian Signalized Intersection Spacing or Distance to Alternate at project site within past three years. (Please Crossing Facility. indicate number of crashes and severity): Distance (feet) 780 Number Severity At the project site 2 PI Comments: There is one Signalized intersection one this segment of the Other bike/pedestrian 6 P-EI trail. Along marine drive the furthest distance to alternate collisions within 1 mile that crossing facilities is 780ft between portions where there are would be addressed by the project. uses on either side of the road. For a large portion of Marine Drive there is no development to the south. Width of Roadway Existing Traffic Volumes. 35-50ft Number of Lanes (include turn lanes)2-4 Volume (Average Daily Traffic) 5,200 Comments: Number of people biking/walking 100,000/year Marine Drive has a 35-50ft road width and all other Comments: It has been documented in counts that 100,000 road widths are 35ft people utilize the Olympic Discovery Trail every year Describe "Complete Streets" type policies, ordinances, standards, and practices in place to help ensure project success. The city of Port Angeles has been rigorous in its vision to develop safe pedestrian and bicycle facilities over the past two decades. Our Comprehensive Plan currently has several goals, policies, and objectives in the Transportation Element that reflect our commitment to higher standards of pedestrian and bicycle orientation and safety. These include: Transportation Goal A—To develop a coordinated, multimodal transportation system,which serves all areas of the city and all types of users in a safe, economical, and efficient manner. This project will complete the Olympic Discovery Trail and/Waterfront Trail within Port Angeles city limits. It is ADA accessible throughout, with exception of the portion along Hill Street, which this project is focusing on. Transportation Goal B— To improve circulation patterns across and within the community, and to achieve the desired urban design of the City. This project will fill a major gap in the largest pedestrian/bicycle pathway within Port Angeles, allowing for uninterrupted access to the downtown and major transportation hubs from either end of the city or UGA. Transportation Goal A, Policies: 1. Pedestrian, bicycle, and other non-motorized paths, bike racks, storage facilities, drinking fountains, and benches should be an integral part of the circulation system. 2. The safety of non-motorized modes of transportation shall be a primary consideration in the circulation system. Adequate sidewalks, crosswalks, and handicapped access shall be provided in relation to all new subdivisions, and required for all development projects where sidewalks do not exist. This project's primary concern is completing the vision Port Angeles has had since 1983 to provide a major Pedestrian and Bicycle Program Grant Page 3 H&LP 09/20/2016 E - 56 Attachment B arterial for the pedestrian/bicycle oriented circulation system connecting the regional and local traffic to adequate transportation systems, our downtown commercial district, and to other subsidiary pathways throughout the city. Although originally seeking to development of the Waterfront Trail in a local context, this project will secure a continuous 53 mile portion of the Olympic Discovery Trail in a regional context; bringing it much closer to its 126.6 mile final proposed length. Transportation Goal A, Objectives: 1. The City will be an active partner in the development of the Olympic Discovery Trail which passes through and along key parts of its park, street, pedestrian, and non-motorized transportation systems and facilities. 2. The City will support extension of the Waterfront(Olympic Discovery) Trail from Marine Drive at Hill Street to the Elwha River. This objective is being directly addressed and followed through upon in the completion of this project. 7. The City will incorporate bicycle friendly amenities including bike path development and maintenance, signage, and storage into new transportation facility improvements. The trails and trailheads developed in this project will renovate/maintain 10,000 feet of trail and add 3,300 amount of new trail with improved wayfinding signage, seating and safe crossing areas along the project area. 8.The City will encourage public streetscape improvements, such as street trees, non-motorized and pedestrian amenities through a comprehensive streetscape development and maintenance plan. This objective is being directly addressed and followed through on in the completion of this project. Project Impact: How will the project meet the four goals? (a) Promoting healthy communities that support walking, bicycling and using public transportation. This project is instrumental in completing the last segment of both the Waterfront Trail and the portion of the Olympic Discovery Trail that exists within Port Angeles City Limits. The trail provides access to multiple trailheads and connections to other pedestrian and bicycle oriented complete streets, as well as the Regional Gateway Transportation Terminal and the International Black Ball Coho Ferry System between Port Angeles and Victoria. The trail system fulfills many of Port Angeles' Goals, Policies, and Objectives in the Transportation Element Transportation Element Goal A Policy 3. The collector arterial streets and local access streets should serve primarily local traffic with special emphasis on safety for pedestrian, bicycle, and non-motorized traffic. Both Hill Street and Marine Drive are designated as Collector Arterials, and thus require a special emphasis on safety for pedestrian, bicycle, and non-motorized traffic that is currently is not being fulfilled. This project will ameliorate that situation in line with the policies objective. Policy 19. The development of the City's comprehensive service and facilities plan for streets, bikeways, pedestrian walkways, and the overall transportation system, and regional transportation plans should all be consistent. These plans, as adopted and hereafter amended, are incorporated herein. The Waterfront and Olympic Discovery Trails have at all times been at the highest priority on the City of Port Angeles' Facilities planning. The Waterfront Trail has in its last two phases through the CBD been listed as priority#1. This portion of the trail connects to Phase 1 and 2 of the Waterfront Transportation Improvement Project on its eastern limit. (b). Improving safety by designing major arterials to include features such as wider sidewalks, dedicated bicycle facilities, medians, and pedestrian streetscape features, including trees where appropriate. Transportation Goal A Objective 8. The City will encourage public streetscape improvements, such as street trees, non-motorized and pedestrian amenities through a comprehensive streetscape development and maintenance plan. This project development is in direct response the community's objective to encourage public streetscape improvements. Pedestrian and Bicycle Program Grant Page 4 H&LP 09/20/2016 E - 57 Attachment B (c) Protecting the environment and reducing congestion by providing safe alternatives to single occupancy driving. The Waterfront and Olympic Discovery Trails are the vision of many hard working and dedicated people on the North Olympic Peninsula who saw a fundamental gap in the transportation system along the 101 corridor. Within the city limits of Port Angeles, the trails provide access to alternative routes separated from major roadways and along the entire Port Angeles waterfront to destinations such as Ediz Hook; the downtown corridor; the international Black Ball Coho Ferry to Victoria B.C.; and the Gateway Transit Center, which provides transit service throughout the City of Port Angeles, as well as to Forks, Joyce, Sequim, Blyn, Chimacum, Port Townsend (where you can transfer to a shuttle to Bremerton and beyond), Port Gamble, Kingston, Edmonds, Downtown Seattle, and SeaTac Airport. The portion of the trail that this project has focused on is the last gap in this transportation network within the Port Angeles City limits—the only piece which allows for non-separated, safe travel conditions along the trail. Filling this gap and continuing a safe separated environment will enable higher levels of activity by those who have the ability to make a considerate choice as to what means of travel they prefer to use. (d) Preserving community character by involving local citizens and stakeholders to participate in planning and design decisions. The Peninsula Trails Coalition, the Lower Elwha Klallam Tribe, and other non-motorized transportation groups participated in the planning and workshop presentations for the 2009 trail plan. The total cost of the 2011 City trail improvement project was approximately$1,200,000. Of that, approximately$392,000 was comprised of donated material, material, and labor; cash donations from the community and the Olympic Trails Coalition; and, a $1,600,000 local grant obtained by the Olympic Trails Coalition. Project is listed in Local TIP: ADA Transition Plan: X Yes X Yes No No Project is isted in an Adopted PlanA X Yes Plan: City of Port Angeles Dry Creek Bridge and Trail Planning Study On the Olympic Discovery Trail No Date Adopted: July 2009 APPLICATION CONCURRENCE Transportation Agency Engineer, Traffic Engineer, or Director— Infrastructure Approving Authority Name: Brian Moorehead Date Title: Local Programs Engineer Address: Olympic Region, 5720 Capitol Blvd, Tumwater, WA 98504 Email: MoorehB@wsdot.wa.gov Phone: (360)357-2712 WSDOT Official (if project is on a State Highway) Name: Date Title: Address: Email: Phone: Pedestrian and Bicycle Program Grant Page 5 H&LP 09/20/2016 E - 58 Attachment C Washington State Transportation Building V® De artment of Trans ortation 310 Maple Park Avenue S.E. � p P.O.Bax 47340 Olympia,WA 98504-7300 Lynn Peterson 360-705--7000 Secretary of Transportation TTY: 1-800-833-6388 www.wsdot.wa.gov June 22, 2015 ,.�--- Mr. Craig A. Fulton,.PE F EGENE Public Works Director 5 NAA City of Port Angeles JUN PO Box 1150 ELES Port Angeles, Washington 98362-0217 0��OvT AIZY's Waterfront and Olympic Discovery Trail 2015 Pedestrian and Bicycle Safety Selections State Funding Dear Mr. Fulton: WSDOT is pleased to advise you that the above mentioned project was recently selected to receive state funding through the Pedestrian and Bicycle Safety program. The state funding is limited to the amount shown below: Project Name: Waterfront and Olympic Discovery Trail $200,000 Scope: See attached Project Summary, Note: This proj ect is funded at 100 percent and does not require a local match. In order to meet state requirements,the following are required: ■ Regionally significant projects utilizing state funds must be included in your current Transportation Improvement Program (TIP) as a complete programmed project. Once your regional TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program (STIP). ■ Projects must be authorized in accordance with the attached Project Summary. If your agency is unable to meet this schedule, a request for an extension to the deadline through your Region Local Programs Engineer via e-mail is required. Local Programs will determine if the reason or reasons for the delay is acceptable. See Project Delay Policy for more information at: httpll www,wsdot.wa. ov/NR/rdonlyres12A91 E069-53FC-4840-9D 89- 148DB5D272C9/0/ProjectDelayPpolicy.pdf M Project expenditures incurred before receiving notice from Local Programs of state fund authorization are not eligible for reimbursement. ■ To maintain funding, a Quarterly Project Report foam must be completed by the end of March, June, September, and December each year. The online database can be found at: http://www.wsdot.wa.gov/localprograms/. To access the database you will need an account name and password. Your account name is Port Angeles and your password is PorAn751. The password is case sensitive. 09/20/2016 E - 59 Craig A. Fulton, PE Attachment c Public Works Director City of Port Angeles Waterfront and Olympic Discovery Trail June 22,2015 To authorize funding for the project, please refer to the information above and your Local Agency Guidelines {LAG) manual for additional information. As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible expenditures. For assistance please contact Neil Campbell, your Region Local Programs Engineer, at 360-357-2666. Sincerely, &Xx� Kathleen B. Davis Director Local Programs KBD:st:sas cc: Neil Campbell, Olympic Region Local Programs Engineer 09/20/2016 E - 60 Attachment C Project Summary Program: Pedestrian and Bicycle Date:January 2015 Agency: City of Port Angeles Project Title: Waterfront and Olympic Discovery Trail;Valley Creek--10th & Milwaukee Project Description: Design only project for pedestrian and bicycle improvements. Detailed Project Description: 1. Includes community outreach/meetings with documentation. 2. Completes PS&E's for pedestrian and bicycle facilities for a segment of the Waterfront/Olympic Discovery Trail, including: o .Bicycle lanes (approximately 6,000 ft) along Marine Drive from the Valley Creek Estuary to the Boat Haven, o Trail markings,traffic calming and safety treatments, median refuge islands along Marine Drive from the Boat Haven to Hill Street; o A new 2,800 ft separated ADA compliant trail segment on the abandoned rail grade between Marine Dr and Crown Park including 2,100 ft of graded trail and 700 ft of elevated trail, o Bicycle lanes (approximately 5,400 ft)along 4th St and Milwaukee Drive between Crown Park and 10th St. Project Schedule: Begin PE 03/2016 Environmental Documents Approved N/A Right-of-Way Approved N/A Estimated Contract Ad N/A Estimated Contract Award Date N/A Open to Traffic N/A Design Complete (Design-only projects) 10/2016 Project Cost and Award Amount: Phase Total Project Amount Requested Amount Awarded Cost Preliminary Engineering $200,000 $200,000 $200,000 Right-of-Way $0 $0 $0 Construction $0 $0 $0 Total $200,000 $200,000 $200,000 Page 1 of 1 09/20/2016 E - 61 Attachment D Aft Washington State department of Transportation Prospectus Submittal Checklist Agency: Ci1y of Port Anggles Project Title: Waterfront and Olympic Discove Trail: 10th&Milwaukee to Front and Valle Use this sheet as a cover sheet to the project prospectus package. Place an "X" in the right column to denote items included. If not applicable, state N/A. Include in the cover letter a comment explaining the action taken on each item as appropriate. Note later with an "L" if the information will be supplied at a future date. Application 1. Project Prospectus(Chapter 21 X 2. Vicinity Map X 3. Typical Roadway or Pathway Section X 4. Typical Bridge Section X 5. Local Agency Agreement(Chapter 22) X 6. Documented Cost Estimate(Chapter 22) _ X 7. TIP/STIP Inclusion (MPO/County/Agency, selected/limited to$) X .Supporting, Data 8. LocalAgency Design Matrix Checklist Ap endix 42.101) N/A 9. Photos (Railroad Crossing, ER event sites, as required) N/A 10. Deviation Analysis Format(Appendix 41.51) N/A 11. Environmental Considerations Chapter 24) L a. Class II Categorically Excluded (CE)-Environmental Classification Summary (ECS) b. Class III Environmental Assessment(EA) c. Class I Environmental Impact Statement(EIS) d. SEPA Checklist e. NEPA/SEPA/Section 404 Intera enc Workin Agreement f. Evolutionarily Significant Unit(ESU) Determination of Effect Concurrence g. Value Engineering Stud (where applicable) 12. Right of WayRequirements(Chapter 25) L a. Relocation Plan b. Approved Ri ht of Way Plans c. Right of Way Project Funding, Estimate or True Cost Estimate d. Request Right of Way Fund Authorization 13. Right of Way Certification (Appendix 25.179) L 14. Agreements/Easements with Railroads, Utilities, and Other Agencies (Chapter 32 and 25) N/A 15. Design Approval (Chapter 43) L 16. Tied Bids (Chapter 44) L 17. Nondiscrimination Agreement Submit new agreement if outdated) N/A Remarks: DOT Form 140-553 10/2015 09/20/2016 E - 62 Local AgenItI f"ddFal Aid ae__..hV d of T%onsPartatIM Project Prospectus Prefix Roule_tDate 09/13/2016 Prefix Route Federal Aid DUNS Number 148344047 Promect Number Local Agency WSDOT Federal Employer Promect Number TROT-14 use Only Tax ID Number 91-6001266 Agency CA Agency Federal Program Title City of Port Angeles ® Yes ❑ No ❑ 20.205 ® Other pedestrian and Bicycle Program Project Title Start Latitude 48 07 5100 N Start Longitude 123 29 20 OOW Waterfront and Olympic Discovery Trail:Valley Creek- 10th and Milwaukee End Latitude 48 07 17 85 N End Longitude 123 26 23 OOW Project Termini From-To Nearest City Name Project Zip Code (+4) 10th and Milwaukee St. Front and Valley St. Port Angeles 98362 Begin Mile Post End Mile Post Length of Project Award Type n/a n/a 2.5 miles ® Local ❑ Local Forces ❑ State ❑ Railroad Route ID Begin Mile Point End Mile Point City Number County Number County Name N/A N/A N/A 0990 05 Clallam WSDOT Region Legislative District(s) Congressional District(s) Urban Area Number Olympic Region 24 WA-06 14 99998 70939 Total Local Agency Phase Start Phase Estimated Cost Funding Federal Funds Date Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year P.E. $200,000 $200,000 10/2016 R/W $15,000 1/2018 Const. $1,457,638 6/2020 Total $1,672,638 $200,000 Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes 35-50 feet 2-4 The existing facility consists of 2.5 miles of residential street,railroad right of way,and mixed industrial development. Description of Proposed Work Description of Proposed Work(Attach additional sheet(s)if necessary) This proposal includes the completion of 100%construction contract documents for approximately 2.5 mile segment of the Olympic Discovery Trail at the intersection of 10th and Milwaukee Street. Portions of the new trail will be in developed streets in the city rights-of-way,on open land on city owned or county owned property,and on permanent right of way easements.All proposed work will ADA compliant. Local Agency Contact Person Title Phone Ben Braudrick Assistant Planner 360-417-4804 Mailing Address City State Zip Code 321 East 5th Street Port Angeles WA 98362 By Project Prospectus Approval Approving Authority Title City Engineer Date DOT Form 140-101 ♦ Previous Editions Obsolete♦ Page 1 R� � �9 /���5 E - 63 Attachment D Agency Project Title Date City of Port Angeles Waterfront and Olympic Discovery Trail: Valley 09/13/2016 Type of Proposed Work Project Type (Check all that Apply) Roadway Width Number of Lanes ❑ New Construction ® Path/Trail ❑ 3-R 12'-48' 1-3 ❑ Reconstruction ® Pedestrian/Facilities ❑2-R ❑ Railroad ❑ Parking ❑ Other ❑ Bridge Geometric Design Data Description Through Route Crossroad ❑ Principal Arterial ❑ Principal Arterial Federal ® Urban ❑ Minor Arterial ® Urban ❑ Minor Arterial Functional ❑ Rural ® Collector ❑ Rural ® Collector ❑ NHS El Major Collector ❑ NHS El Major Collector Classification ❑ Minor Collector ❑ Minor Collector ❑ Local Access ❑ Local Access Terrain ❑ Flat ® Roll ❑ Mountain ❑ Flat ® Roll ❑ Mountain Posted Speed 35 Design Speed 35 Existing ADT 5000 Design Year ADT 5000 Design Year 2036 Design Hourly Volume (DHV) 500 Performance of Work Preliminary Engineering Will Be Performed By Others Agency City of Port Angeles/Consultant 80 % 20 % Construction Will Be Performed By Contract Agency Contractor 80 % 20 % Environmental Classification ❑ Class I -Environmental Impact Statement(EIS) ® Class II -Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III -Environmental Assessment(EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations DOT Form 140-101 Page 2 Revised 04/2015 ♦ Previous Editions Obsolete 09/20/2016 E - 64 Attachment D Agency Project Title Date City of Port Angeles Waterfront and Olympic Discovery Trail: Valley 09/13/2016 Right of Way ❑ No Right of Way Needed ® Right of Way Needed *All construction required by the ® No Relocation ❑ Relocation Required contract can be accomplished within the existing right of way. Utilities Railroad ❑ No utility work required ® No railroad work required ❑ All utility work will be completed prior to the start of the ❑ All railroad work will be completed prior to the start of the construction contract construction contract ®All utility work will be completed in coordination with the ❑All railroad work will be completed in coordination with the construction contract construction contract Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project The project will coincide with the boat haven marina sewer line construction located underneath the trail and possibly the Marine Drive Pump Station 3 for the CSO. The "H" street outflow will also cross the trail. FAA Involvement Is any airport located within 3.2 kilometers(2 miles)of the proposed project? ❑ Yes ® No Remarks The project has no vertical elements This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency City of Port Angeles Date By Mayor/Chairperson DOT Form 140-101 EF Revised 04/2015 ♦ Previous Editions Obsolete♦ Page 3 09/20/2016 E - 65 Attachment D wro Washington state te Local Agency Agreement nt of TransporWan Agency The City of Port Angeles CFDA No.20.205 (Catalog or Federal Domestic Assistance) Address 321 East 5th Street Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply,with the terms and conditions set forth in (1)Title 23, U.S. Code Highways, (2)the regulations issued pursuant thereto, (3)2 CFR Part 200, (4)the policies and procedures promulgated by the Washington State Department of Transportation, and (5)the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3,without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Waterfront and Olympic Discovery Trail:Valley Creek - 10th and Milwaukee Length 2.51 miles Termini Marine Drive and Valley Street to the East/ 10th Street and Milwaukee Drive to the West Description of Work Completion of engineering for the final segment of the waterfront trail will include the provision of 6,000 ft of bicycle lanes and safety features;4,400 ft of separated non-motorized trail,traffic calming islands,and safety features;detailed plans for a trailhead; engineering for a new 2,800 foot segment through a forested slope;and 5,400 ft of bicycle safety features on existing shared trail. Project Agreement End Date 06/2018 Claiming Indirect Cost Rate Proposed Advertisement Date 10/2016 [:]Yes ❑No Estimate of Fundin Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Federal Project Funds Funds Funds PE a.A enc 100 %o b.Other 0 Federal Aid c.Other 0 Participation Ratio for PE d.State 200000 200000 e.Total PE Cost Estimate a+b+c+d 200,000.00 0.00 200,000.00 Right of Way f.Agency .Other Federal Aid h.Other Participation Ratio for RW i.State i.Total R/W Cost Estimate f+ +h+i 0.00 0.00 0.00 Construction k.Contract 1/0 (.Other m.Other Federal Aid n.Other Participation Ratio for CN o.A enc p.State q.Total CN Cost Estimate k+l+m+n+o+ 0.00 0.00 0.00 r.Total Proiect Cost Estimate e++ 200,000.00 0.00 200,000.00 Agency Official Washington State Department of Transportation By Dan McKeen By Title City Manager Director, Local Programs Date Executed DOT Form 140-039 Pagel Revi@MNM 16 E - 66 lnoAV OS 9£X013 'O"d IHSV133MLS HLS 3 0LZ£ SLN LL40-L54 (09£) 3N0Hd ._ J��l`dN I W IA t smom onend 140 1332:1S IIIH tl6-MIl S3130NV 1LIOd 30 A113 31VOS z m, r211 U) X LU M �g 0 „ u0i w `r t i / It w 0 > - O 0 w> w U ¢HO2'K O H Z Z vy %1"4 �dOO�w CU�Zw W Z r� 1a i i H Ww O Z OZ J x K K w Z Z O X17 r r w W WW -0 LL Z Z j O U ZO F- q.M W Qw OZ 2 z F of o F ✓ Uw0Fw w w Z p D �i m U, t �z .=z w O 1-w >ZUZF MON OU�w0 O0§ Z " z 0 oU)w OU Lu W LL LU O mzOOUY a0 T U)0 Z w w Qo w W=< DC w 7 "w >O � U O>�zoF- +� ov NLu r�o5�w 2a Uv_) J Z0Hww (� °o 0 mwwP2w M" k Z r_)(L }p ~ F- w0F- W� o V �-joaw w F J J H a J (9 LU W �gs0 .o Z� 0 Z Z w Z> LU w Ln 0LL ZyU)W�H " J W d OU w w O w¢ tt Attachment D Construction Method of Financing (Check Method Selected) State Ad and Award Method A-Advance Payment-Agency Share of total construction cost(based on contract award) Method B-Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of $ at$ per month for months. Local Force or Local Ad and Award Method C-Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of hte federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on Resolution/Ordinance No. Provisions I.Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the"Project Description"and"Type of Work," When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State shall have the full authority to carry out this administration.The State shall review,process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency„ If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications.. III.Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all worts is in conformance with approved plans, specifications, and federal aid requirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof.All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV.Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office,the U.S. Department of Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V.Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1. Preliminary engineering. 2, Right of way acquisition. 3. Project construction. Once written authorization is given,the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized,the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized,the Agency will repay to the State the sum or sums of federal f uDy Fbrr d t otoh;Agency under the terms of this agreement(see Section IX). Page 2 Revised 05/2015 09/20/2016 E - 68 Attachment D The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects,the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended,2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200-Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment,the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award.The State will notify the Agency of the exact amount to be deposited with the State.The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments,the State will submit a billing to the Federal Government for the federal aid participation share of the cost.When the project is substantially completed and final actual costs of the project can be determined,the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency,This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method 13—The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement,At the time of audit,the Agency will provide documentation of all costs incurred on the project.The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX). VII.Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project.The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States;WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred,the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII.Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations.A subrecipient who expends$750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 3 Revised 05/2015 09/20/2016 E - 69 Attachment D IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date-This date is based on your projects Period of Performance(2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X.Traffic Control,Signing,Marking,and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration.The Agency will not install or permit to be installed any signs, signals,or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD.The Agency will, at its own expense, maintain the improvement covered by this agreement. XI.Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims,demands,or suits,whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26.The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant,contract, loan, insurance,or guarantee or understanding pursuant to any federal program involving such grant,contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3)To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated eligibility for,government contracts and federally assisted construction contracts pursuant to the Executive Order. (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following actions: (a)Cancel, terminate, or suspend this agreement in whole or in part; (b)Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c)Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised 05/2015 09/20/2016 E - 70 Attachment D XIII.Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,whenever: (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise,. (2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3)The contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4)The Secretary is notified by the Federal Highway Administration that the project is inactive. (5)The Secretary determines that such termination is in the best interests of the State. XV.Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. XVI.Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract,grant, loan, or cooperative agreement,the undersigned shall complete and submit the Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subgrants,and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements)which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations(i.e , Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration)are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act(ADA). Additional Provisions DOT Form 140-039 Page 5 Revised 05/2015 09/20/2016 E - 71 Attachment D TR 01-15 HILL STREET ODT Planning Level Costs M.Szatlocky, PE 5/9/2014 Item Description 1 Route Survey $25,000 2 Geologic Evaluation $35,000 3 Wetland Report Update $15,000 4 Right-ofWay Acquisition $10,000 5 Permits $10,000 6 Engineering-Trestle $50,000 7 Engineering-Trail $20,000 8 Engineering-Traffic $15,000 Subtotal $180,000 Contingency @ 10% $18,000 Total $198,000 No At 09/20/2016 E - 72 Attachment D TR01-14 Hill Street ODT Proposed Construction Budget M.Szatlocky 12/21/2015 CONSTRUCTION Item Description Units Amount Unit Cost Cost 1 Traffic Control LS 1 $2,000 $2,000 2 Mobalization LS 1 $70,000 $70,000 3 Site Preparation LS 1 $15,000 $15,000 4 Sediment&Erosion Control JOB 1 $7,000 $7,000 5 Protective Tree Marking JOB 1 $1,000 $1,000 6 Excavation&Hauloff CY 609 $12 $7,308 7 Gravel Base-Trail&Trailhead TON 799 $30 $23,970 8 Trestle Abutments EA 2 $10,000 $20,000 9 Permiable AC Paving-Trail&Trailhead TON 353 $200 $70,600 10 Raised Wooden Trestle LF 1000 $800 $800,000 11 Landscaping JOB 1 $15,000 $15,000 12 Signage-Trail Marking&Interpretative JOB 1 $5,000 $5,000 13 Screening Fence LF 200 $25 $5,000 14 Low Voltage Trail Lighting JOB 1 $10,000 $10,000 15 Re-seed Lawn SY 40000 $0.15 $6,000 16 24"Culvert Extension JOB 1 $12,000.00 $12,000 17 Energy Dissepator EA 1 $6,000.00 $6,000 18 18"Culvert Extension JOB 2 $3,500 $7,000 19 Crosswalk&Delineation JOB 1 $2,500 $2,500 20 Construction Subtotal $1,085,378 SUPPORT 21 Contingency @ 20% $217,076 22 Construction Engineering @ 6% $65,123 23 Construction Surveying $15,000 24 Right-of-way-Legal $10,000 25 CORPS Permit&Biologic Assessment $15,000 26 Permits $7,500 27 Post Award City support @ 3% $32,561 27 Archaeological Report&Monitoring $25,000 28 Support Subtotal $387,260 29 PROJECT TOTAL $1,472,638 0* 09/20/2016 E - 73 Attachment D T O N c � o N U) Z ca p c X 00 c t 0 0 3 O O w O F O O ed O O N N t Ln a) CM a 0 N w O W p C7 O 0 O w o 00 N o 0 HUa r t o 0 U- 0 A V J T N O O a) O O 10 O C a OO O a E C O v N N OQ 10 'O O O.. w F LL a N e+7 T 3 a) C: m C a c o o H ISA U) U o M 3 — Ca a� CD 0 d C C C LL Y_ t"a N Z E r o ;: 00 -a o 0 0 M U rt0 y0., m F O O 0' c (D U) C +0-' p p aCL t � 3 O CV O C 3 m c yo CrLL C f/1 U R'Q' Z y 1i RJ G> } m T ` a U) d y ° LL c o 0 O m N O O CL al 3 O O C T W — W F U al O N N a m o c al u w o U a �d tM o m a i U) (D 3 c FdJ c\i m LL o Z o a M o. O ~ N O al t LL O N C 10 Q dJ Q7 O V O D ON F CL y C a U) Q' N N o) y y m d ° aa. m Q ° c m U) m Q E a rn c M a c al O Z ° y-0s OCL k CL U a ° o LL w O �, A ❑ a� m H y CLu a ❑ o 6 d E O v a� o � Q •o, a aZ3 m v Cn a°i 3 7 N O — O LLU o 2 d 09/20/2016 E - 74 i i I WASH INGTO N, U. S. A. „,... CITY COUNCIL MEMO DATE: September 20, 2016 To: City Council FROM: KEN DUBUC,FIRE CHIEF SUBJECT: Proposed Medic 1 Ambulance Transport Rate Adjustment Summary: Based upon a review of our current ambulance transport rates — comparing our rates against prevailing transport rates in the area—the Fire Department proposes to adjust its Medic I transport charges. The proposed rate adjustments will not affect City residents or employees of a business within the City, since they are not billed beyond their private insurance coverage. Funding: There are no costs associated with this proposal. Recommendation: Conduct a second public hearing and approve ordinance. Background/Analysis: As part of the 2017 budget process, the Fire Department contacted our medical billing company, Systems Design Northwest,LLC,for information and a recommendation related to current ambulance transport rates. Specifically, the Fire Department wanted to know how our current ambulance transport rates compared against prevailing transport rates in the area and whether they should be adjusted or not. Based upon the information received, the Fire Department is recommending that the City increase its BLS ambulance transport rate from $500 to $600, its ALS-1 transport rate from $650 to $750, its ALS-2 transport rate from $725 to $825, its paramedic service charge from $650 to $700, its ALS no transport charge from $650 to $700, and its mileage rate from $14 to $15.25. With the exception of the mileage rate, all of the proposed rates will still be well below average current rates in the area. In addition to providing the comparable transport rates for the area and suggesting an increase, Systems Design recommended that the Fire Department discontinue the$33 disposable equipment charge that is added to transports. The charge is typically not included in the Medicare or Medicaid allowables and the administrative cost of adding the charge negates any revenue it generates. The Fire Department concurs with that recommendation. 09/20/2016 F - 1 Ambulance Transport Rates —Comparable Chart Agency BLS ALS-1 ALS-2 Mileage Clallam 2 (surrounds PA) $675 $945 $945 $18 Clallam 3 - Sequim $683 $945 $945 $22.20 Clallam 4 - Joyce $500 $945 $1022 $15 Port Angeles (current) $500 $650 $725 $14 Port Angeles (proposed) $600 $750 $825 $15.25 Systems Design client Average $622 $912 $1017 $15.23 Because the majority of the ambulance transport bills are paid based upon a fee schedule, raising our rates will not necessarily provide a corresponding increase in revenue. Medicare—our primary payer—will pay based upon their allowables, regardless of our rates. The recommended rate adjustments will not affect City residents or employees of a business within the City because they are not billed beyond their governmental or private insurance coverage. In addition,protection against financial hardship for non-residents is provided. Nonresident charges may be waived or reduced in accordance with an income-based discount chart that is based upon federal poverty guidelines for Washington State. On August 9, 2016, the Utility Advisory Committee forwarded a favorable recommendation to City Council to set a public hearing for September 6, 2016, to receive a presentation and comments on the proposed Medic 1 ambulance transport rate adjustments. The first public hearing was conducted on at the September 6I' Council meeting. Funding Overview: There are no costs associated with this proposal. 09/20/2016 F - 2 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles,Washington,revising Chapter 3.70 of the Port Angeles Municipal Code relating to Medic I Charges. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3143, as amended, and Chapter 3.70 of the Port Angeles Municipal Code are hereby amended by amending Section 3.70.095 PAMC to read as follows: 3.70.095 Fire Department Fees - Medic I. The following rates are established for ambulance services performed by the City's Medic I Program: A. Medic I transports that involve advanced life support (ALS) services requiring either the administration of at least three different medications or the provision of a least one ALS procedure as identified as ALS-2 in Medicare's current ambulance fee schedule. 1. Base charge.....$725.00 J825.00 2. Disposable eq-ttipffielit ehafge $33.00 -32. Mileage,per mile .....$14.00 J15.25 B. Medic I transports that involve advanced life support services not covered by section A. above: 1. Base charge 750.00 -2- Disposable eq-ttipffielit ehafge $33.00 -3.2. Mileage,per mile .....$14.00 J15.25 -1- 09/20/2016 F - 3 C. Medic I transports that involve only basic life support services: 1. Base charge 600.00 2Disposable €tluipment ehat:ge $33-08 -3. 2. Mileage,per mile .....$14.00 J15.25 D. Paramedic intercept service charge.....$650.00 J700.00 E. Advanced life support services, no transport.....$650.00 J100.00 Section 2-Severability. If any provisions of this Ordinance or its applications to any person or circumstances is held to be invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section subsection numbers and any references thereto. Section 4 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 20th day September, 2016. Patrick Downie, Mayor -2- 09/20/2016 F - 4 ATTEST: Jennifer Veneklasen, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: By Summary -3- 09/20/2016 F - 5 WIMP"NIOR/T NGELES IU�=- W A S H I N G T O N, U. S. A. Off ..... A""' """"""' CITY COUNCIL MEMO DATE: September 20, 2016 To: City Manager FROM: DAN MCKEEN,CITY MANAGER SUBJECT: Notice to Water Utility Customers Summary: Councilmembers Bruch and Gase were appointed by Council to a subcommittee tasked with drafting a notification to citizens about the removal of fluoride from the City's water supply. The draft was presented to Council at the September 2nd meeting and added to this agenda for discussion purposes. Funding: If the Council chooses to distribute the statement, there will be associated costs for some of the distribution options. Those costs are outlined within the memo. Funding would come from the existing 2016 Water Operating Budget. Recommendation: Council should decide if it wants to distribute the statement, and if so, by what means. Background/Analysis: At the Council meeting of August 2, 2016, Council voted to end fluoridation of the City's water supply until an advisory vote on the question of fluoridation could be conducted during the 2017 Municipal General Election. On August 16d', Councilmembers Bruch and Gase were appointed to a subcommittee asked to would work with Dr. Chris Frank, the Clallam County Public Health Officer, on drafting a notification to citizens. Councilmembers Gase and Bruch met with Dr. Frank on September 2nd and subsequently presented a draft statement to the full Council at its regular meeting on September 61h. The proposed statement reads: On August 2na 2016, the Port Angles Water Utility stopped adding fluoride to the City's drinking water as directed by the City Council. Fluoridation will be suspended until the question is placed on the City ballot in November 2017. Individuals and families should consult their dentist or primary care provider to discuss their dental health and their specific fluoride needs. This notice affects all customers of the Port Angeles Water Utility. 09/20/2016 1 - 1 Distribution options for communicating the message include: 1. Announcement posted on City website and Public Works Facebook page. No cost. 2. Statement message printed directly on utility bill. The message would be printed on statements and be limited by the size of the message box. While there is no cost involved, the message would only go out to bill recipients. 3. 113 page statement insert. The message would be printed and then inserted with each statement. With this option, there is moderately more room for a message, but it would only go out to bill recipients. Cost for printing and inserting is approximately $975. 4. 5 x 7 postcard to City residents. There are approximately 6,600 residents currently within the City limits. Printing the postcard, as well as addressing and mailing to each household will cost approximately $2,100. 5. 5 x 7 postcard to City and rural residents. There are approximately 13,300 residents in the City limits and closely surrounding rural areas. Printing the postcard as well as addressing and mailing to each household will cost approximately $3,800. Note:Mailing and approximate cost information was provided by Databar, the City's utility billing provider, and are based off numbers pulled from the USPS web site and its mailing list provider. Council should first decide if it wants to distribute the statement, and if so, in what format. Council may want to consider a combination of these options or propose new ideas for distribution of the message. Funding Overview: Funding would come from the existing 2016 Water Operating Budget. 09/20/2016 1 -2 CITY OF ORT NGEES L, 'A WASH INGTO N, U. S. A. CITY COUNCILMEMO DATE: September 20,2016 TO: CITY COUNCIL FROM: WILLIAM BLOOR,CITY ATTORNEY SUBJECT: PA Harbor Cleanup: Project Number HCU 001 Harbor Cleanup/Environmental Issues Cascadia Law/Foster Pepper Summary: The City became a participant in the harbor cleanup process in 2012. The process is a significant undertaking, and requires legal expertise not available on City staff. For several years Rod Brown and Kurt Peterson, both with Cascadia Law, provided the specialized legal expertise. They divided tasks between them so there was no duplication of services. Kurt Peterson recently transferred to a different law firm, Foster Pepper. In spite of the move, both Rod Brown and Kurt Peterson have agreed to continue representing the City with the same separation of responsibilities as in the past. Attached are new engagement letters to document the new arrangement. Funding: No additional funding is required on account of this change. The already-approved amount will be split equally between Cascadia and Foster Pepper. Recommendation: Authorize the City Manager to enter into the attached engagement letters with Cascadia Law and Foster Pepper and to make minor modifications to the agreements, if necessary. BACKGaR OUND/DI CUS ION: In early 2012,the Department of Ecology(DOE)notified the City that it is one of several entities potentially liable for some portion of the contaminants in the Port Angeles harbor. The City did not then, and does not now, have on staff anyone with the specialized legal knowledge and expertise needed to adequately analyze and respond to the legal issues associated with harbor cleanup. So, the City Council authorized an agreement with Cascadia Law, one of the leading environmental law firms in the State. Since then, Rod Brown and Kurt Peterson, attorneys with Cascadia Law,have been providing legal representation to the City on numerous issues arising from the harbor cleanup project. To avoid duplication of effort and for the sake of efficiency, the two attorneys had divided between themselves primary responsibility for specific issues. That is, Rod Brown was handling issues relating to the cleanup requirements, and Kurt Peterson was handling issues relating to insurance and allocation. 09/20/2016 1 - 3 Kurt Peterson recently moved from Cascadia Law to Foster Pepper, another prominent law firm. This might have forced a difficult transition for the City,but it has not. Rod Brown and Kurt Peterson have agreed to continue handling the same issues as before they did prior to the separation. Also, there will be no fee increase on account to the separation. Rod Brown and Kurt Peterson will do for the City exactly as they did when Kurt Peterson was at Cascadia Law. So, for the City, the legal representation will continue to be provided by the same lawyers, in the same manner, and for the same rates it was provided in the past 4 years. To document the new relationship does require the City Council to approve new engagement letters with the two law firms now involved. The proposed new letters are attached to this memorandum. They specify the individual issues tasks for which each lawyer will be responsible. They also demonstrate that the existing budget, previously approved by City Council will be evenly split between Cascadia Law and Foster Pepper. FUNDING: The last time the City Council approved funding for Cascadia was March 1, 2016. At that time, the funding approval was intended to cover legal issues expected to arise through the end of 2017. At the time the new representation letters were being drafted,there was a remaining balance of approved and unspent funding in the amount of $1,228,839.50. By agreement of the two attorneys, this remaining balance will be split equally and the rates will remain the same. The already-approved amount will be split equally between Cascadia and Foster Pepper and the established not-to-exceed amount will be $614,419.75 each. The City will not face a cost increase on account of the separation. Thus, although he changed law firms, Kurt Peterson will still maintain with the same workload and tasks as he did previously for the City on the PA Harbor. Likewise, Rod Brown will continue his same duties and workload for the City on the PA Harbor. The engagement letters attached set out their respective duties and portion of the already-approved budget. The services provided by Cascadia and Foster Pepper will continue to be eligible for reimbursement by the City's former insurance companies. The anticipated reimbursement is approximately 60%. As has been the case, amounts not covered by insurance will be paid from reserves set aside for this project. Recommendation: Authorize the City Manager to enter into the two attached engagement letters, and make minor modifications, if necessary. 09/20/2016 1 -4 August 31, 2016 VIA EMAIL William E. Bloor City of Port Angeles Cascadia 321 East Fifth Street Law P.O. Box 1150 Group Port Angeles, WA 98362-0217 ENVIRONMENTAL ATTORNEYS RE: Legal Representation Dear Bill: On behalf of Cascadia Law Group PLLC, I would like to thank you for selecting us to represent you. Our ultimate goal is to give you legal representation that provides value to your business. If at any point in this engagement you have questions about our work on your behalf, do not hesitate to call me directly at (209) 292-2605. Again, thank you for selecting Cascadia Law Group. The remainder of this letter sets forth the basic terms upon which you have engaged us to represent you. As you know this engagement is a continuation of the work we have been doing for you for several years. We are writing this new engagement letter simply to deal with the reallocation of certain tasks after one of our colleagues moved to another law firm. We do not intend to change any of the substance of what we have been doing for you previously. 1. Scope of Engagement. In general, you have requested that we help you in the cleanup and natural resource restoration of Port Angeles Harbor. We will perform this work in two matters, one for the Department of Ecology's MTCA cleanup of the Harbor and another for the NRD Trustees' restoration of natural resources in the Harbor. The cost of this work will not exceed $614,419.75, which is the amount the City Council has authorized for us as of this date. We understand that two related matters — one for insurance that covers some of the City's costs and another for allocating all the costs with other Potentially Liable Persons at the Harbor — will be handled by Kurt Peterson at Foster Pepper PLLC. Kurt and I will work out a process for coordinating among these matters, with no duplication of effort or cost to the City. 2. Billing Policies and Procedures. Enclosed is a copy of our firm's Billing Policy Statement, which explains the basis of our bills. This Policy Statement describes the manner in which we compute our fees, the relevance of hourly rates, and other factors used to determine a reasonable fee for our services, the payment of disbursement items, the timing and content of billing statements, and the expected payment period. As noted in our Policy SEATTLE OLYMPIA 1201 Third Avenue 606 Columbia Street SW Suite 320 Suite 212 Cascadia Law Group PLLC Seattle,WA 96101 Olympia,WA 98501 (206)292-6300 voice (360)786-5057 voice cascadialaw.com (206)292-6301 fax (360)786-1835 fax 09/20/2016 1 - 5 William E. Bloor Page 2 Statement, we do not pass on charges to our clients for routine in-office copying, telephone calls, or faxes. We also afford our clients the opportunity to make value adjustments to their bills, either up or down. Hourly rates are the major determinant of our fees, as explained more fully in the enclosed Billing Policy Statement. Our hourly rates presently range from $175 per hour for our newer lawyers to $525 per hour for our more senior and experienced attorneys. Because our firm understands the financial needs of government clients, we offer a 10% discount on all attorneys' rates. This discount will be entered in our billing system for all of your bills. I will also work with you to ensure that we minimize costs by delegating work to the attorney with the lowest rate who is still capable of providing the representation you want. We reassess our hourly rate schedules from time to time, and adjustments are made when we believe such adjustments are appropriate. These adjustments may be reflected in the billing rates utilized to determine our charges to you during the course of our engagement. 3. General Responsibilities of Attorney and Client. Cascadia Law Group will provide the above-described legal services for your benefit, for which you will be billed in the manner set forth above. We will keep you apprised of developments as necessary to perform our services and will consult with you as necessary to ensure the timely, effective, and efficient completion of our work. We understand that you will provide us with such factual information and documents as we require to perform the services, will make any business or technical decisions and determinations as are appropriate to facilitate the completion of our services, and will remit payment of our billing statements within thirty (30) days of receipt, in accordance with the procedures described above. We are delighted to be asked to provide legal services to you, and we are looking forward to working with you on this engagement. Should you ever wish to discuss any matter relating to our legal representation, please do not hesitate to call me directly or to speak to one of our other attorneys who is familiar with the engagement. While ordinarily we might prefer a less formal method of confirming the terms of our engagement, it has been our experience that a letter such as this is useful both to the firm and to the client. Moreover, in certain instances, the firm is required by law to memorialize these matters in writing. In any event, we ask that you review this letter and the enclosed Billing Policy Statement 09/20/2016 1 - 6 William E. Bloor Page 3 carefully and, if it comports with your understanding of our respective responsibilities, so indicate by returning a signed copy of this letter to me at your earliest convenience. Obviously, if you have any questions concerning these matters, please let me know promptly. We look forward to servingyou and thank you for looking to us to assist you in Y Y 9 this matter. With best regards. Sincerely, Rodney µ Brown, Jr. Direct Line: (206)292-2605 Email: rbrown@cascadialaw.com Office: Seattle RLB:ml Enclosure APPROVED AND AGREED TO: By Title Date 09/20/2016 1 - 7 Cascadia Law Group i ENVIRONMENTAL ATTORNEYS TO: OUR CLIENTS RE: BILLING POLICIES AND PROCEDURES Thank you for asking Cascadia Law Group PLLC to help you with your legal needs. Our attorneys and professional staff strive to provide each of our clients with unparalleled legal services and to deliver success in each and every case. We back this up with a billing system, described below, that allows each client to make adjustments to its bills based on its degree of satisfaction with the value received from our services. Of course, if at any point in this engagement you have questions about these billing policies and procedures or about our work on your case/matter, please do not hesitate to_contact the attorney responsible for your case or matter, Rodney L. Brown, Jr., at (206) 292-2605 or rbrownacacadialaw.com. Describing Services and Value A key dimension of our commitment to client service is ensuring that the fees we charge our clients are consistent with the value we bring to each project. In order to determine the value of our services, we ask each lawyer, paralegal, and other professional staff member to submit detailed time records for each specific task when they provide legal services. Before a bill is rendered, all time records are reviewed by the attorney responsible for the engagement and by each attorney and paralegal who worked on the matter. This is meant to ensure the accuracy and fairness of the time billed. Each individual who submits time records has an hourly billing rate that we believe is a fair reflection of his or her knowledge, skill, and experience. Billing rates are generally reviewed and evaluated annually and may be adjusted based on our evaluation. Adjustments to rates may also occur, after consultation with the client, due to other circumstances relevant to the engagement. We view billing rates as a benchmark, and not as the sole determinant of the value of our services for billing purposes. Our billing statement will reflect the fair value of our services as determined by the billing attorney, taking into account the time records for the matter, the types of services we have been asked to perform, any special level of expertise required, any unusual time pressures, the size and scope of the matter, and other relevant circumstances. 09/20/2016 1 - 8 Alternative Bliffina Arrangements This memo describes our approach to pricing under the more traditional "rate times hours" approach (with appropriate value adjustments). Increasingly, however, we have found that clients can benefit from alternative pricing i methodologies. We encourage our clients to work with us to establish creative billing arrangements. We focus on getting results, and we are confident enough about our abilities that we want to share in the risks and rewards of our clients, cases. Therefore, in appropriate circumstances, we offer alternative billing arrangements to underscore our commitment to superior client service, and we encourage you to approach us with proposals for non-hourly pricing. Disbursements In addition to our legal fees, we charge separately for certain costs and expenses incurred on your behalf. Unlike most law firms, we do not charge for many basic costs, including in-house photocopying and faxing. We also do not charge for routine postage or long-distance telephone calls. When we do bill for other items such as conference calls, computerized research on commercial databases, messengers, filing fees, deposition transcripts, etc., we will only bill you for our actual costs and will not add an administrative overhead fee. Under some circumstances, we may ask that you advance funds for certain large disbursements such as experts, large filing fees, etc., outside our normal monthly billing cycle. We make every effort to post timely disbursement expenses in the billing statement covering the month in which they were incurred. However, some disbursements may not be available in the billing system until the following month and will be included during the next billing cycle. If the billing is transactional in nature, an estimate of unposted disbursements in addition to an estimate for unposted fees may be included in the closing bill. Retainers It is our policy to obtain a prepayment from new clients and, in some instances, from existing clients. The amount and terms of the prepayment are determined by our Business Review Committee in consultation with the attorney responsible for your case or matter. These funds will be held in our client trust accounts in compliance with policies and procedures established by the state bar association. It may be necessary to require an advance payment after the commencement of the engagement or request that a prior payment be replenished or increased depending on payment history or the scope of the work. For example, prior to a lengthy trial, we may require the posting of a payment sufficient to cover expected legal fees and costs or in certain business transactions, we may ask 2 09/20/2016 1 - 9 that a payment be submitted for substantial out-of-pocket costs incurred on your behalf. Experts and Consultants We are willing to hire experts or consultants directly in order to preserve the attorney-client privilege for your benefit. However, while we may contract with these experts or consultants ourselves, we expect them to look to you for payment. We will gladly forward all invoices and documentation to assist your accounting department in making payment to them. Fee Estimates Upon your request, we will provide you with an estimate of anticipated fees. Any such estimate, whether for budgeting purposes or otherwise, is only a preliminary approximation based on facts that are currently available and the currently anticipated level of work required to complete the engagement. In no event is an estimate to be construed as a commitment of the firm to render services at a minimum or maximum cost. Billing Generally, our billing statements are prepared and forwarded to you on a monthly basis covering time and costs for the prior month. Our billing statements may include a "cost of funds" charge on those matters that are not billed monthly, which covers our carrying costs, or we may ask for progress payments. All progress payments will be reflected on the closing bill that will be rendered at the completion of the transaction. If requested, we will forward our billing statement to a third party designated by you who is assuming payment responsibility of your legal bills (for example, an insurance carrier who holds your liability coverage). In the event that timely payment is not received from the third party, we will look to you for payment of our legal fees. Value Ad"ustments to Our Bills Client satisfaction is our number one goal. Towards this end, our billing system is designed to allow our clients to make adjustments to our bills based on their satisfaction with the value they received from our services. Consequently, when you receive our bill you may mark the bill down or up to reflect your degree of satisfaction with the value received. You may do so without calling the attorney in charge of your case or matter, though we would, of course, appreciate any substantive input—whether positive or negative—that you would be willing to share. Feel free to call our Executive Director, Eric Giles, at (206) 292-2616 if you wish. 3 09/20/2016 1 - 10 Payment Terms Our billing statements are due and payable within thirty (30) days of receipt. Clients whose statements are not paid within this period may have a late charge assessed on the unpaid balance at the rate of 1% per month. The intent of the f late charge is to assess on an equitable basis the additional costs incurred by the firm in carrying past due balances. All payments should be sent directly to the following address: Cascadia Law Group PLLC, 1201 Third Avenue, Suite 320, Seattle, Washington 98101. We assure you that it has always been and will continue to be our goal to provide legal services to you on the most cost-efficient basis possible. If at any time you wish to discuss our billing policies and procedures or a specific bill, we encourage you to contact the attorney responsible for your case or matter. Our Executive Director, Eric Giles, can also provide general assistance in responding to billing inquiries. His direct dial number is (206) 292-2616. Once again, thank you for turning to Cascadia Law Group PLLC for your legal representation. We look forward to a productive and enjoyable relationship with you. 4 09/20/2016 I - 11 Direct Phone (206)447-4707 Direct Facsimile (206)749-2026 kurt.peterson@foster.com September 12, 2016 Via E-Mail Mr. William E. Bloor City Attorney, City of Port Angeles 321 E. Fifth St. P. O. Box 1150 Port Angeles, WA 98362-0217 Re: Engagement of Foster Pepper PLLC Dear Mr. Bloor: Thank you for the opportunity to represent the City of Port Angeles regarding cleanup at the Western Port Angeles Harbor cleanup site. We are pleased to have the City as our client. As we discussed, we will represent you in matters specifically related to insurance recovery for site cleanup work, and an allocation process for MTCA related costs at the Western Port Angeles Harbor cleanup site. Cascadia Law Group, my previous firm, will handle general oversight and legal support for continued issues associated with the Agreed Order, Remedial Investigation/Feasibility Study, and with future anticipated work related to a MTCA Consent Decree as well as natural resource damages. We are happy to assist the City on these matters if additional assistance is desired. For my work at Foster Pepper, I will initially maintain all my previous billing rates. This means I will charge my time at $270.00 per hour, with insurance reimbursement covering $225.00 per hour. The City will be responsible for the difference between my rate and the insurance reimbursement rate. My associate, Andy King, will continue to bill at $200.00 per hour, with insurance reimbursement covering $200.00 per hour. For the scope of work period ending in 2017, the cost of my work will not exceed $614,419.75. We will send our bills directly to you at the above address. Concurrent to sending the bills to the City, Foster Pepper will also send invoices for reimbursement to insurance carriers for recoverable legal and technical costs. Once Foster Pepper receives insurance carrier payments, it will reimburse the City. For any vendor and third-party consultant Foster Pepper engages, payments will follow a similar path—the City will pay and Foster Pepper will obtain reimbursement for the City from the insurance carriers. The insurance carriers have agreed to reimbursement for defense costs pursuant to the following cost sharing agreement: INA 65.55% Chubb 8.03% Northwest Mutual 26.42% As noted above, Foster Pepper will administer the insurance recovery for the site pursuant to agreements among the insurers. -09i20/2016 1 - 12 Mr. William E. Bloor City Attorney, City of Port Angeles August 2, 2016 Page 2 As we have discussed, Foster Pepper will coordinate closely with Cascadia Law Group for the efficient and streamlined co-representation of the City. I have attached an updated scope of work that more specifically outlines these matters and attendant tasks. As the scope of work indicates, matters (2) Insurance and (4) WPAH Allocation are under my purview, and matter (1) Western Port Angeles Harbor Cleanup and (3) Natural Resource Damages are under Rod Brown's direction. Please see the updated scope of work enclosed with this letter. I am confident that Cascadia and Foster Pepper can work together to provide excellent service to the City on these separate matters. Rod Brown, who heads Cascadia's representation of the City, and I have built a true rapport over the last twenty years, and we continue to have a positive and capable working dynamic. To ensure continued success and open communication, we plan to have bi-weekly, no-charge coordination and update calls and to meet in person once a quarter to discuss cleanup issues and overlapping concerns among these separate matters. Our document management system, Everlaw, already makes sharing information simple. It is cloud- based, system-agnostic, and can be jointly administered by the two firms. Given our ability to maintain separation among these matters in the previous several years, I am confident we can efficiently represent the City with essentially the same set-up moving forward. This engagement is subject to Foster Pepper's standard Terms for Engagement of Services, a copy of which is enclosed for your reference. We ask that you fax or email a copy of your signature indicating you have engaged Foster Pepper PLLC for legal services in this matter and that you accept our terms. Again, thank you for the opportunity to be of service. Sincerely, Kurt B. Peterson Enclosures— Terms for Engagement of Services Scope of Work -0/2016 1 - 13 Mr. William E. Bloor City Attorney, City of Port Angeles August 2, 2016 Page 3 APPROVED AND AGREED TO BY: SIGNATURE: TITLE: DATE: flW20/2016 1 - 14 Scope of Work 2016-2017 Cascadia Law Group/Foster Pepper PLLC City of Port Angeles Legal Services Agreement 1. City of Port Angeles (1): Western Port Angeles Harbor Cleanup Matter. Anticipated Work by Cascadia Law Group(2016-2017) Provide legal services and assistance on investigation and cleanup requirements under the Model Toxics Control Act(MTCA), including the performance and compliance with the MTCA Agreed Order for a Remedial Investigation (RI) (characterizing the nature and extent of the contamination) and a Feasibility Study(FS)(evaluating options for cleanup). ■ Defend City against MTCA claims by Ecology and other liable parties.Assist City with the Washington State Department of Ecology(Ecology) and other liable parties'negotiations associated with the completion of the RI/FS at Western Port Angeles Harbor(WPAH) and Rayonier MTCA Sites. Provide counsel on technical and legal implications of the MTCA requirements,with technical consultant support. • Provide strategic advice on liability defense, environmental compliance, and risk management for alleged City liabilities. • Provide legal support through completion of the RI under the Agreed Order, including support of technical teams, the City, and Ecology on regulatory compliance and characterization of the Site consistent with MTCA requirements. Negotiate the approval of the RI Report with Ecology. • Provide legal services in support of the City's participation in FS completion and associated selection of MTCA remedial alternatives. Evaluate selection of recommended cleanup alternatives under MTCA. Negotiate drafting and revisions to FS Report with Ecology and other liable parties. • Assist City with regulatory compliance under the Agreed Order. • Assist City with future anticipated work on MTCA Consent Decree negotiations for the performance of the remedial action under MTCA and the Cleanup Action Plan (CAP). • Evaluate and negotiate sediment recovery zone approach under new MTCA Sediment Management Standards (SMS) with Ecology. 1 09/20/2016 1 - 15 2. City of Port Angeles (2): Insurance Matter. Anticipmte or .,. Uc i, t 'smpgr PLLC 000 --NED ■ Continued pursuit of timely reimbursement from insurance carriers of City's costs incurred as part of WPAH Site liabilities. Search for additional insurance coverage records and evidence. ■ Update primary level general liability and excess liability insurance carriers and respond to information requests. • Track and monitor reimbursements and invoices. 3. City of Port Angeles (3): Natural Resource Damages Matter. Anticipated Work by Cascadia Law Gt° up_( 01 X017) • Assist City with preparations for and negotiations with Natural Resource Damage (NRD)Trustee Council regarding alleged liability, restoration projects, and potential settlement options. ■ Coordinate with City on potential NRD restoration projects. • Research and evaluate NRD Trustees'Assessment and DSAY demands. • Research and evaluate City's alleged NRD liabilities, potential defenses, and allocation of potential shares. 4. City of Port Angeles (4): WPAH Allocation Matter. Anticipated Work by Foster Peep r Pl C(20_16.-20.1_7) Research and prepare defense of MTCA allocation claims. Assist City with cost recovery against other potentially liable parties for costs incurred at the WPAH Site under MTCA. Identify and pursue additional liable parties to participate in the allocation and payment of cleanup costs. • Design a WPAH Allocation Process Agreement evaluating options for allocation methods. • Lead the formation and convening of allocation process for past and future costs. ■ Prepare for and respond to discovery in anticipated allocation process, including review of historic documents and site history information. 2 09/20/2016 1 - 16 NGELES .��NN(i�jlNi�NM � , � WAS H [ N G T O N, CITY COUNCIL MEMO DATE: September 20, 2016 To: CITY COUNCIL FROM: CRAIG FULTON,DIRECTOR OF PUBLIC WORKS&UTILITY COREY DELIKAT,PARKS&RECREATION DIRECTOR SUBJECT: Downtown Sidewalk& Tree Well Repair, Project TRO1-16 Summary: Project TROT-16 was funded in the 2016 Capital Facility Plan to repair and replace sidewalks and tree wells that are sinking and upheaving in the downtown area. Bids were solicited on May 3, 2016, and only one bid was received. The project was then put out to bid again to try and attract other potential bidders,plus additional sidewalk areas needing repaired were identified and added to the scope of work. Two bids were received and opened on August 30, 2016. Interwest Construction, Inc., of Burlington, Wash., was the low responsible bidder with a bid amount of$119,490.00. Funding: Real-Estate Excise Tax (REET 11) - $119,490.00 Recommendation: Award and authorize the City Manager to sign a contract for the Downtown Sidewalk& Tree Repair, Project TRO1-16,with Interwest Construction of Burlington,Wash.,in the total amount of$119,490.00 including applicable taxes, and to make minor modifications to the contract as necessary. Background/Analysis: In many areas of downtown, the sidewalks and tree wells are experiencing settling and upheaving, mainly on the north side of First Street. These deficiencies are areas of concern for potential trip and fall cases and are in desperate need of repair. Within the scope of the project, some large street trees will be removed, sidewalks and tree wells will be repaired, and new three inch caliber trees will be replanted(Photo 41). In other areas, failing tree wells that have already been paved over, will be repaired and new street trees will be installed(Photo 42). A map of the construction project is attached. The project will start mid- October and is scheduled to be completed mid-November, weather pending. The sidewalks and tree wells of focus will be located at: • Cherry and Lincoln Street • North and south sides of First Street • West of Lincoln Street between First Street and Railroad Avenue • City Pier(by U.S. Coast Guard Winona bell) 09/20/2016 J - 1 �� �, wiv. rmia u dvinmWAllYdNk,1�C`I�VWI�'YIV, �,�,I���� M1 � �IW,N'M'MN •'�"'.wrvwmnu mplmlwul �� � , sy,MVI�VDIIUOIDV �� I , w � dr t�� /i/� j%� r U , , �� y r Vii✓ Of r. r Photo 41 Photo 42 Funding Overview: Real Estate Excise Tax (REET II) $119,490.00 Construction for the downtown sidewalk and tree well repair is scheduled to start early October and be completed by mid-November, weather pending. One bid was received and opened on May 31, 2016, in the amount of$114,230. The project was put out to bid for a second time to attract more bidders and additional areas of repair were added to the project. On August 30, 2016, two bids were opened. The lowest responsible base bid was in the amount of$119,490, including tax, from Interwest, Inc. of Burlington, Wash. This project will be funded by Real Estate Excise Tax (REET II)in the amount of$119,490.00: May 31, 2016-Base Bid-Engineer Estimate$93,840.00 Contractor Location Bid including tax Interwest, Inc. Burlington, WA $114,230.00 August 30-Base Bid & Additive-Engineer Estimate$110,000 Contractor Location Bid& Additive including tax Interwest, Inc. Burlington, WA $119,490.00 Angeles Electric Poulsbo, WA $191,800.00 It is recommended that City Council award and authorize the City Manager to sign a contract for the Downtown Sidewalk& Tree Well Repair, Project TROT-16, with Interwest, Inc. of Burlington, Wash., in the total amount of$119,490.00,including applicable taxes, and to make minor modifications to the contract as necessary. 09/20/2016 J - 2 DEPARTMENT OF COMMUNITY ECONOMIC DEVELOPMENT BUILDING DIVISION MONTHY PERMIT REPORT AUGUST 2016 JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. 2016 YTD 2015 YTD RESIDENTIAL-NEW MODULAR/MANUF,C _ _ _ _ 1 1 2 Value $3,500 $3,500 $43,000 SINGLE FAMILY ..... 3 _ _ 1....._. 2 ._...2 -1 5 _..... _ 2 16 25 Value $461,420 $144,695 $363,772 $382,780 $123,627 $740,741 $277,300 '.. $2,494,335 $3,512,421 MULTI-FAMILY Value _ _ _ _ _ _ _ _ _ _ _ __ _ _ ACCESSORIES 1 - 2--.-. 2 .-....L 1 _..... _ 2 „ 10 11 Value $15,300 $60,000 $34,620 $19,255 $72,000 $28,629 $229,804 $253,986 COMMERCIAL-NEW RETAIL ' Value - - - - - - - - - - - HOTEL/MOTEL , .....-. ..-.....- ._w_._. ._...,_ ._w_._. ._.�._._ Value _ _ _ __ _ _ ....._....._ OFFICE _ _ _.._,.._..._1 _ _._.._ _._. _. -.._.. _._ Value $284,035 284,035 DRINKING/DINING , .....-. ..-.....- ._„_._. ._...,_ ._w_._. ._.�._._ Value _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ AUTO/SERVICE , .....-. ..-.....- ._w_._. ._...,_ ._w_._. ._.�._._ Value _ _ _ __ _ _ Value $54,838 54,838 $214,000 PUBLIC-NEW SCHOOLS/HOSPS/GOVT _ _....1 _ 1 4 Value $290,000 290,000 $38,295,951 CHURCHES , .....-. ..-.....- Value RECREATION ....._._ _ _..._ _ _ _._ _. _._ _. _._ ._._ _.._. ._ _.._.. ._.._._.._ -._._ Value - - - - - ­ - - - - - - REPAIR&ALT. RESIDENTIAL 35 43 46 33 ,50 42 36 50 335 277 71 Value $146,509 $331,916 $363,2 $295,037 $389,494 7400,461 $628,878 7421,381 '. $2,976,947 $2,054,869 COMMERCIAL 8 7 10 21 ,5 13 18 10 " 92 102 Value $277,060 $593,000 $703,728 $952,571 $216,560 $453,433 $783,843 $192,713 '.. $4,172,908 $4,192,948 PUBLIC , .....-. ..-.....- ._w_._. ._...,_ ._w_._. ._.�._._ - Value _ _ _ __ _ _ DEMOLITION/MOVE 1 1 - 2 2 _ 2 8 6 Value $10,000 $800 $21,000 $25,000 $1,500 $58,300 $18,693 TOTALS BUILDING PERMITS 46 52 60 58 62 56 65 66 465 428 ....._....._....._....._....._....._....._.... ....._....._....._..... ...._....._....._....._.... ....._....._....._..... ....._....._....._....._.... ....._....._....._..... ....._....._....._....._..._....._....._...._..... ....._....._....._....._..._....._....._....._..... ....._....._...._....._..._....._....._....._..... ....._....._....._....._ CONSTRUCTION VALUE $884,989 $950,216 $1,272,494 $1,646,000 $1,319,089 $977,521 $2,592,835 $921,523 $10,564,667 $48,585,868 BUILDING PERMITS FEE $11,882 $16,298 $21,230 $25,374 $24,358 $16,695 $34,982 $13,820 $164,639 $413,730 �CERTIFiCATE OF OCCUPANCY 4 5 7 2 7 7 4 7 43 38 icy applications for new or relocated businesses. 09/20/2016 L - 1 WIMP"NIOR/T NGELES IU�=- W A S H I N G T O N, U. S. A. Off ..... A""' """"""' CITY COUNCIL MEMO DATE: September 20, 2016 To: City Council FROM: KARL HATTON,REGIONAL EMERGENCY COMMUNICATIONS DIRECTOR SUBJECT: Pencom-Jeffcom Regionalization Update Summary: Acknowledgement of the work done to fulfil the 2015 resolution, and the continued focus on regionalizing the 9-1-1 centers of Clallam and Jefferson Counties. Funding: There are no additional costs associated with this memo at this time. Recommendation: No recommendation. Background/Analysis: In August of 2015, the Port Angeles City Council supported and signed a resolution encouraging Pencom and Jeffcom to start working more closely together, and to signify support for further development of a possible regionalization plan. The Administrative Board of Jeffcom 9-1-1 enacted a similar resolution. In November of 2015, both agencies received the final draft of the Adcomm regionalization study. Based on the specifics of the study Pencom and Jeffcom 9-1-1 started working on an agreement that would allow the City of Port Angeles to contract with Jeffcom 9-1-1 for administrative oversight and services for Pencom. In March of 2016, Karl Hatton became the Regional Emergency Communications Director and is currently running both 9-1-1 centers. With this movement in the direction of possible regionalization,joint Pencom and Jeffcom 9-1-1 board meetings have been held, and work continues in identifying next steps. To support this the Jeffcom Administrative Board created a resolution narrowing the focus of this effort to a true, single-center, regionalized plan. We appreciate the Council's continuing support of this effort. Funding Overview: This memo requires no additional funds at this time. 09/20/2016 L - 2