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HomeMy WebLinkAboutAgenda Packet 08/01/2017 POR N ELES CITY COUNCIL MEETING 321 East 5th Street A S H I N G T O N, U. S. A. August 1, 2017 ........... SPECIAL MEETING— 5:30 p.m. REGULAR MEETING— 6:00 p.m. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public.Mayor to determine time of break. The items of business for regular Council meetings may include the following: A. CALL TO ORDER- SPECIAL MEETING AT 5:30 P.M. —Executive Session under authority ofRCW 42.30.110(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. Recognition of Don Perry for his many years of community service,and his creation of the Port Angeles Underground Tours. A portion of the downtown Port Angeles underground will be designated as Don Perry Way. 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:June 27, 2017 and July 18, 2017.................................................................................................E-1 2. Expenditure Report:From July 8, 2017 to July 21, 2017 in the amount of$1,385,324.43.............................................E-7 3. Elks Parking Lot Repair,Construction Project CON-2017-28/Award..........................................................................E-25 4. Facility Use Agreement with William Shore Memorial Pool..........................................................................................E-27 5. 2017 Sanitary Sewer& Storm Drain Cleaning&CCTV,contract SVC-2017-22/Award............................................E-32 6. Emergency Declaration/Ratify......................................................................................................................................E-34 F. PUBLIC HEARINGS (6:30 P.M. or soon thereafter)......................................................................................None G. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Solid Waste Ordinance Revision for Private Property Cleanup/Conduct Second Reading/Adopt Ordinance.............G-1 Mayor to determine time of break/Hearing devices available for those needing assistance. August 1, 2017 Port Angeles City Council Meeting Page- 1 H. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS.......................................................................None I. OTHER CONSIDERATIONS..................................................................................................................................None J. CONTRACTS & PURCHASING 1. Service Agreement with Peninsula Area Public Access(PAPA)/Approve....................................................................J-1 2. Tumwater Bridge Rehabilitation,Project TR02-16/Reject Bid.....................................................................................J-18 3. Harbor Cleanup NRD Process—Anchor QEA Amendment to Exhibit C Work Order No. 4/Approve........................J-19 4. Harbor Cleanup—Sixth Amendment to Professional Services Agreement with Integral Consulting/Approve............J-25 5. Harbor Cleanup Project Process Change Order No. 6 to Work Order No. 2 to the Environmental Services Agreement withFloyd Snider/Approve............................................................................................................................................J-32 K. COUNCIL REPORTS L. INFORMATION City Manager Reports: 1. Public Works&Utilities Construction Status Report.....................................................................................................L-1 2. Public Works&Utilities Grants and Loans Status Report..............................................................................................L-2 3. Public Works&Utilities Quarterly Consultant Report...................................................................................................L-3 4. Open Public Meetings—Comments Regarding Ballot Measures and Campaigns..........................................................L-20 5. Update on Computer Security Confidence/ Verbal Update 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 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). 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. August 1, 2017 Port Angeles City Council Meeting Page-2 DON PERRY 1945 –2016 Founder of PORT ANGELES HERITAGE TOURS p( RT PRkJ1ULAMAT1"0-"N In Recognition of The Designation of on Perry Way WHEREAS, Don Perry had been fascinated by the early history of Port Angeles ever since he first heard about stories of the innovative development of our downtown. His interest turned into a passion as his desire to preserve our City's unique past became a business he called Port Angeles Heritage Tours; and WHEREAS, Don Perry's commitment to preserving the history and legacy of the Port Angeles underground has captivated the interest of people from around the world. His underground tours have unearthed stories from the past that have brought attention to a part of our City that had long ago been covered up; and WHEREAS, Don reco&mized and appreciated the efforts of the engineers and laborers who worked tirelessly on the project to improve our downtown. He shared this monumental accomplishment through his passionate accounts of the 1914 project when the City was raised up off the tidal flats, using water cannons to blast away the hillside and guide the slurry through wooden forms in order to fill and raise the area downtown in what was referred to as the"Sluicing of the Hogback"; and WHEREAS, through his advocacy to preserve this part of our City's history for future generations, combined with his contagious enthusiasm and gift for storytelling,he brought history to life with his accounts of yesteryear, and over time, built a business where he was able to share his passion for our City's history; and WHEREAS, Don had the ability to engage an audience with his contagious energy as he eagerly shared little known facts about Port Angeles.Whether you were new to town or a resident,you were guaranteed a great time on Don"s tours and were sure to learn something new about the City of Port Angeles. NOW, THEREFORE, 1, Patrick Downie, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES,do hereby APPROVE the designation of the underground portion of Port Angeles to be known as "Don Perry Way." This designation is a token of our appreciation for Don Perry's of to highlight the significant engineering feats of our forefathers, and an offer of gratitude for Don's willingness to share Port Angeles' unique history through his Heritage Tours. -7 la -Z August 1,2017 Y 1 dtrick Downie, Mayor CITY COUNCIL SPECIAL MEETING Port Angeles, Washington July 3, 2017 CALL TO ORDER SPECIAL MEETING: Mayor Downie called the special meeting of the Port Angeles City Council to order at 5:00 p.m. ROLL CALL: Members Present: Mayor Downie, Councilmembers Bruch,Gase,and Whetham. Deputy Mayor Kidd,Councilmember Collins, and Councilmember Merideth joined via conference call. Members Absent: None. Staff Present: City Manager McKeen,Attorney Bloor,Clerk Veneklasen,C.Delikat, and T.Agesson. PLEDGE OF ALLEGIANCE: Mayor Downie led the Pledge of Allegiance to the Flag. PUBLIC COMMENT: Eric Lewis, CEO of Olympic Medical Center at 939 Caroline Street, spoke in favor of tree removal for emergency preparedness and community medical needs. Steve Burke,Port Commissioner, 225 East Fifth Street, spoke in favor of tree removal,noting that the Port passed an emergency resolution in response to the Notice of Airman Restriction. John Nutter, 1111 Eckard Avenue, spoke about tree data and advocated the removal of trees penetrating the air space. Marolee Smith,P.O.Box 2498,asked why there hadn't been a Town Hall meeting to discuss the issue. She said the FAA indicated that the Port had been negligent in getting them a Master Plan for Lincoln Park. She questioned why there was the need for an emergency meeting. John Kibele, 1906 Black Diamond Road, spoke in favor of emergency airplane service at the airport,but also advocated for a tourist attraction such as carving contest using the trees at Lincoln Park. Kristen Rucker, 1111 Eckard Avenue, said her daughter had needed Medivac air services,and she couldn't imagine what would have happened if those flights hadn't been available. She said that lives are more important than trees. John Brewer, 510 South Liberty Street, said the City needs an efficient, safe, and fully functional airport.He spoke in favor of removing the trees. Jim Moran, 1710 West Fourth Street, spoke in favor of removing the trees at Lincoln Park.As a pilot,he said he agrees with the FAA guidelines and that the trees in the air space are a public safety issue. Jeff Well,owner of Rite Brothers Aviation at 1406 Fairchild Airport Road, spoke in favor of tree removal.He said emergency services,his business,pilot safety,and the future of the airport are impacted by the issue. Carol Johnson, director of North Olympic Timber Action Committee, 123 Henry Boyd Road, spoke in favor of tree removal. She said that if people want economic opportunities in Clallam County,then the community is going to have to start thinking bigger and protecting its assets. Paul Forrest,P.O.Box 2027, said that Port Angeles has a great airport that needs to be protected.He said the community should begin building a new Lincoln Park.He said the community can have both an airport and a beautiful park. 08/01/2017 E - 1 PORT ANGELES CITY COUNCIL SPECIAL MEETING—July 3, 2017 Connie Beauvais,Port Commissioner,95 Paca Lane, said that the Port Commission declared an emergency when they realized they did not have the luxury of time to address the tree issue. She asked Council to approve the removal of at least 38 trees immediately. Bob Schroeter, 905 West Ninth Street,Director of the Economic Development Corporation, spoke in favor of removing the trees at Lincoln Park.He thanked Council for taking on the issue so quickly. Karen Goschen,Executive Director of the Port of Port Angeles, spoke about the process the Port's consultant and the FAA went through to analyze the tree obstruction data. She spoke about the FAA requirements in relation to an avigation easement. Council discussion followed. BUSINESS: 1. Notice of Airman Restrictions&Tree Obstruction Removal at Lincoln Park Councilmember Gase recused himself due to his employment with the Port of Port Angeles. He then exited the meeting. City Manager Dan McKeen provided a chronology of events including: • The Federal Aviation Administration(FAA)issuing a Notice to Airman(NOTAM)imposing the restriction that instrument approaches to night landings on Runway 26 at the William R.Fairchild International Airport would no longer be allowed due to tree obstruction at Lincoln Park; • Port Commissioners adopting a resolution declaring any encroachment of trees into the airport's glide path an emergency due to the fact that it prevents life line flights from leaving Port Angeles at night;and • The need for the City Council to call a special meeting to consider immediate removal of those trees at Lincoln Park that were identified by the Port's consultant as being above the required threshold. Port Director Goschen showed a map illustrating the trees in Lincoln Park that are at or near the glide path. Council discussion followed. It was moved by Kidd and seconded by Merideth to: Immediately remove 38 trees and authorize City Manager to work with the Port to remove 36 in the future. Council discussion followed. The Mayor restated his understanding of the motion on the floor to: Remove 38 trees to restore instrument approaches to the night landing on Runway 26 and to further authorize the City, with the cooperation of Port staff,to remove an additional 36 trees identified as at or near the glide path. The maker of the motion and the seconder to the motion accepted the Mayor's restating of the motion. Attorney Bloor clarified that he understood the intent of the motion was that the City Manager would have the authority to take care of the 74 trees, and not bring the item back to the Council. Hearing no objections from Council as to Attorney Bloor's clarification,the Mayor said that was the intent.Council discussion followed. Councilmember Collins Called for the Question. Motion carried 6-0. ADJOURNMENT: Mayor Downie adjourned the meeting at 6:16 p.m. Patrick Downie,Mayor Jennifer Veneklasen,City Clerk Page 2 of 2 08/01/2017 E - 2 CITY COUNCIL MEETING Port Angeles, Washington July 18, 2017 CALL TO ORDER SPECIAL MEETING: Mayor Downie called the special meeting of the Port Angeles City Council to order at 5 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. Smith,T.Agesson, and N. West. EXECUTIVE SESSION: Based on input from Attorney Bloor,Mayor Downie announced the need for an Executive Session,under the authority of RCW 42.30.110(1)(i)for the purpose of discussing potential litigation with legal counsel, for approximately 50 minutes. Attorney Bloor made an announcement that the Washington State Supreme Court had a new ruling on executive sessions and the City received a notice from Pacifica Law Group,the City's Bond Counsel, saying that the ruling has significantly limited the circumstances which governmental entities can enter executive session to discuss real estate transactions.He said that many governing bodies may find that their current practices are inconsistent with the new ruling.Attorney Bloor said he will look at how executive sessions have been conducted in the past, and if the Council needs to adjust anything,he will bring it to their attention at a future meeting. The Executive Session convened at 5:03 p.m. RETURN TO OPEN SESSION: The Executive Session concluded at 5:50 p.m.No action was taken. 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,T.Agesson, and N.West PLEDGE OF ALLEGIANCE: Mayor Downie led the Pledge of Allegiance to the Flag. CERMONIAL: Mayor Downie invited Patrick McInnis to the podium to speak about the students of the North Olympic Peninsula Skills Center Cinema and Television Production class who were nominated by the National Academy of Television Arts and Sciences for a Student Emmy award. 08/01/2017 E - 3 PORT ANGELES CITY COUNCIL MEETING—July 18, 2017 PUBLIC COMMENT: Marolee Smith,P.O.Box 2498, said Ordinance 3243 was badly written and it didn't make sense where it was placed in the Municipal Code. She said the ordinance should be rewritten and include measureables. Susie Winters,215 Whidby Avenue, Coordinator for Clallam County Hoarding Task Force, spoke about the group's work in the community. She asked Council to pass the proposed Solid Waste Ordinance Revision. George Bergner, 139 East Alvhers Road, spoke on behalf of the Port Angeles Business Association.He read a letter of support for the Transportation Benefit District sales tax ballot measure. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Councilmember- 1. At the request of Mayor Downie,Manager McKeen agreed to schedule a worksession for September on Emergency Preparedness. CONSENT AGENDA: At the request of Councilmember Whetham,Mayor Downie pulled Item 11, the Utility Advisory Committee(UAC) Citizen-At-Large Appointment from the Consent Agenda. Council discussion followed. It was moved by Whetham and seconded by Kidd to approve the Consent Agenda to include: I. City Council Minutes:June 20, 2017 and July 3, 2017 2. Expenditure Report:From June 10, 2017 to June 23, 2017 in the amount of$1,600,592.63;and from June 24, 2017 to July 7, 2017 in the amount of$2,957,517.90 3. Appointment of City Representative to the Clallam County Animal Issues Advisory Committee 4. Water Main Break Emergency Repair at 9"&Race Streets/Final Acceptance 5. Equipment Maintenance Agreement with Clallam County Fire District#3 6. Resolution Ratifying Declaration of Emergency-Marine Drive Sewer 7. Appointment of Committees to Draft For and Against Statements for the 2017 Voter's Guide 8. Transportation Benefit District Interlocal Agreement 9. CSO Phase II Project/Final Acceptance 10. 2017 Landfill Beach Nourishment/Approve Award 11. ITEM PULLED FROM CONSENT AGENDA Motion carried 7-0. PULLED FROM CONSENT: Utility Advisory Committee(UAC)Citizen-At-Large/Appointment Councilmember Whetha n spoke to the item. It was moved by Whetham and seconded by Gase to: Appoint Mr. Mattias Jarvegren as the citizen-at-large representative to the Utility Advisory Committee to fill the current term which expires February 28,2018. Motion carried 7-0. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. Solid Waste Ordinance Revision for Private Property Cleanup Public Works&Utilities Director Craig Fulton spoke about the proposed revisions to the Solid Waste Ordinance. He said the ordinance currently allows the Public Works Director to reduce or waive dump fees for clean-up projects such as County chain gang cleanups,Earth Day Beach cleanups,Dump Days and other similar projects.The revisions would allow the City to incentivize private property owners who voluntarily clean up and improve their property which enhances the livability of the City as a whole.Clallam County Hoarding Task Force recommended the City have some mechanism available to assist citizens. Council discussion followed. Page 2 of 4 08/01/2017 E - 4 PORT ANGELES CITY COUNCIL MEETING—July 18, 2017 Mayor Downie conducted a first reading of the ordinance by title,entitled, ORDINANCE NO. An ordinance of the City of Port Angeles, Washington,amending 13.57.020 regarding solid waste rates and cleanup of nuisance properties. Mayor Downie continued the matter to the August 1,2017 Council meeting. CONTRACTS & PURCHASING 1. Biosolids Dewatering Project,Project WW0205 Director Fulton said the project is for the removal of failing belt press and installation of a modern screw press. Council discussion followed. It was moved by Gase and seconded by Collins to: Approve and authorize the City Manager to award and sign a construction contract with Rognlin's,Inc., for the biosolids dewatering project,Project WW0205, for a contract amount of$1,203,119.68 including applicable taxes, and to make minor modifications to the contract. Motion carried 7-0. 2. Paymentus Contract for Credit Card Purchasing Acting Finance Director Tess Agesson explained that the Paymentus contract was for the replacement for an existing contract with a credit card processor,and is slated to reduce costs.City Treasurer Trina Nevaril spoke to the specifics of the contract and why it was needed. Council discussion followed. It was moved by Kidd and seconded by Merideth to: Approve and authorize the City Manager to sign a contract with Paymentus for performing credit card merchant account services. Motion carried 7-0. CITY COUNCIL REPORTS: Councilmember Bruch said she was looking forward to the City working on a sign ordinance. She attended the AWC(Association of Washington Cities)Conference, and apologized for missing Farmer's Market. Councilmember Merideth said it was good to see so many tourists out an about. Deputy Mayor Kidd represented the City at the Change of Command Ceremony at the Coast Guard Base; she also hosted 25 people from Port Angeles to Victoria,B.C.,to celebrate Canada Day. Councilmember Gase said he is pleased to have gotten favorable comments from constituents about the City and Port working together.He looks forward to continued positive efforts. Councilmember Whetham attended the Joint Solid Waste Advisory Committee meeting with the Jefferson County group.He said it was great meeting where they exchanged ideas and looked for ways to work together. Councilmember Collins said he is happy to be back in Port Angeles.He had dinner with Bob Cross, former Mayor of Victoria,B.C.He would like to renew talks of joint meetings with Victoria,and said the Council should send a judge to the Esquimalt Rib Fest in September.Councilmember Collins will be at Farmer's Market this month. Mayor Downie reported that he participated in Fourth of July Parade.He commended those that organized July Fourth events for the community. He expressed appreciation to members of the Council. INFORMATION: Manager McKeen spoke regarding the reports included in the packet,highlighting the Port Angeles Police Department Year End Report and a copy of the 2016 WA Auditor's Report. Page 3 of 4 08/01/2017 E - 5 PORT ANGELES CITY COUNCIL MEETING—July 18, 2017 SECOND PUBLIC COMMENT: Marolee Smith,P.O. Box 2498, said it's common for people to be charged a convenience fee for using a credit card. She said she pays by check and shouldn't have to underwrite those who pay by credit card. Muazzez Eren, 110 East Thirteenth Street,said she read a newspaper article noting that six area wastewater treatment plants were given a state award. She noted that Port Angeles was not one of the six, and she asked what that meant for the community. Daniel Myric,said he is new to Port Angeles,and he expressed concerns about the chronically homeless and how they are treated. ADJOURNMENT: It was moved by Gase and seconded by Kidd to: Adjourn the meeting. Motion passed 7-0. Mayor Downie adjourned the meeting at 7:03 p.m. Patrick Downie,Mayor Jennifer Veneklasen,City Clerk Page 4 of 4 08/01/2017 E - 6 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount MISC DEPOSIT& PERMIT REFUNDS DEPOSIT REFUND DINING ROO 001-0000-239.93-00 50.00 VERN BURTON DEPOSIT REFUN 001-0000-239.10-00 400.00 VERN BURTON DEPOSIT REFUN 001-0000-239.10-00 300.00 LOOMIS DEPOSIT REFUND 001-0000-239.10-00 50.00 WA STATE PATROL JUNE FINGERPRINT/BACKGROU 001-0000-229.50-00 292.00 Division Total: $1,092.00 Department Total: $1,092.00 MISC TRAVEL AWC ANNUAL CONF-VANCOUVER 001-1160-511.43-10 80.00 INSTATE STUDY MISSION 201 001-1160-511.43-10 33.60 SIGNAL PERFECTION, LTD COMMUNICATIONS/MEDIA SERV 001-1160-511.31-60 107.05 Mayor&Council Division Total: $220.65 Legislative Department Total: $220.65 NSA BANK Transaction Fee 001-1220-516.41-50 40.00 Human Resources Division Total: $40.00 ADVANCED TRAVEL Clerks Institute-Venekl 001-1230-514.43-10 168.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 53.72 City Clerk Division Total: $221.72 City Manager Department Total: $261.72 ADVANCED TRAVEL SUGA Conf-Kheriaty 001-2010-514.43-10 246.25 MISC EMPLOYEE EXPENSE JUNE/JULY LODGING REIMBUR 001-2010-514.41-50 1,050.00 REIMBURSEMENT PROTHMAN CONSULTING SERVICES 001-2010-514.41-50 3,608.61 CONSULTING SERVICES 001-2010-514.41-50 5,888.77 Finance Administration Division Total: $10,793.63 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 108.02 Accounting Division Total: $108.02 ELAVON, INC-WIRE 3rd Party Cr Card Fees 001-2025-514.41-50 15,692.30 ITRON, INC ELECTRONIC COMPONENTS 001-2025-514.48-10 4,122.37 LEXISNEXIS FINANCIAL SERVICES 001-2025-514.41-50 54.20 Customer Service Division Total: $19,868.87 NEOPOST MAILFINANCE INC. RENTAL/LEASE EQUIPMENT 001-2080-514.45-30 833.53 Reprographics Division Total: $833.53 Finance Department Total: $31,604.05 ANGELES COMMUNICATIONS INC CABLE MATERIALS-CONF.RM 001-3010-515.31-60 184.53 Attorney Office Division Total: $184.53 Page 1 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 7 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount Attorney Department Total: $184.53 MISC TRAVEL LOCAL PLANNING COURSE-BAI 001-4010-558.43-10 83.50 SOUND PUBLISHING INC SUPPLIES 001-4010-558.44-10 67.94 Planning Division Total: $151.44 ANGELES COMMUNICATIONS INC COMMUNICATIONS/MEDIA SERV 001-4020-524.31-60 299.19 COMPUTER HARDWARE&PERIPHE 001-4020-524.31-60 34.14 ELECTRONIC COMPONENTS 001-4020-524.31-60 97.78 Building Division Total: $431.11 MISC TRAVEL PSRC/SEA CHAMBER STUDY MI 001-4071-558.41-50 33.60 Economic Development Division Total: $33.60 Community Development Department Total: $616.15 CENTURYLINK-QWEST 06-20 A/C 20622000177908 001-5010-521.42-10 199.03 06-23 A/C 20670319798358 001-5010-521.42-10 64.75 06-23 A/C 20674119188738 001-5010-521.42-10 57.46 LEXISNEXIS DATA PROC SERV&SOFTWARE 001-5010-521.49-01 4,611.93 OLYMPIC PENINSULA HUMANE 2ND QTR, 2017 CAT LICENSE 001-5010-322.30-12 24.00 SOCIETY 2ND QTR, 2017 DOG LICENSE 001-5010-322.30-11 290.00 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5010-521.31-01 65.04 SQUAD ROOM EMBLEMS POLICE EQUIPMENT&SUPPLY 001-5010-521.31-11 225.48 VERIZON WIRELESS COMMUNICATIONS/MEDIA SERV 001-5010-521.42-10 48.00 Police Administration Division Total: $5,585.69 ADVANCED TRAVEL SRO Academy-Ordona 001-5021-521.43-10 1,484.00 HERRICK POLYGRAPH SERVICE SECURITY,FIRE,SAFETY SERV 001-5021-521.41-50 100.00 VERIZON WIRELESS COMMUNICATIONS/MEDIA SERV 001-5021-521.42-10 144.00 Investigation Division Total: $1,728.00 IMAGINE IT FRAMED EMBOSSING/ENGRAVING 001-5022-521.31-80 153.30 LINCOLN STREET STATION EXTERNAL LABOR 001-5022-521.42-10 37.29 EXTERNAL LABOR 001-5022-521.42-10 66.15 EXTERNAL LABOR 001-5022-521.42-10 12.45 OLYMPIC LAUNDRY& DRY MISCELLANEOUS SERVICES 001-5022-521.31-11 16.84 CLEANERS PORT ANGELES POLICE Narrows Bridge Toll 001-5022-521.43-10 6.00 DEPARTMENT Rebar for Range 001-5022-521.31-80 17.12 Supplies for Breakroom 001-5022-521.43-10 32.90 THOMSON REUTERS-WEST MANAGEMENT SERVICES 001-5022-521.41-50 320.86 Page 2 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 8 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount VERIZON WIRELESS COMMUNICATIONS/MEDIA SERV 001-5022-521.42-10 664.39 Patrol Division Total: $1,327.30 LEADSONLINE SECURITY,FIRE,SAFETY SERV 001-5029-521.41-50 2,148.00 MISC EMPLOYEE EXPENSE COLLEGE TUITION REIMBURSE 001-5029-521.43-10 654.75 REIMBURSEMENT Records Division Total: $2,802.75 Police Department Total: $11,443.74 CENTURYLINK-QWEST 06-23 A/C 20673006754638 001-6010-522.42-13 91.88 06-23 A/C 20673007781838 001-6010-522.42-13 127.28 OLYMPIC STATIONERS INC COMPUTERS,DP &WORD PROC. 001-6010-522.31-01 56.30 PORT ANGELES CITY TREASURER uniform maintenance- K D 001-6010-522.20-80 29.92 Fire Administration Division Total: $305.38 BAXTER AUTO PARTS#15 EQUIP. MAINT.AUTO,TRUCK 001-6020-522.31-02 63.12 CHIEF SUPPLY INC CLOTHING &APPAREL 001-6020-522.20-80 100.47 CURTIS &SONS INC, L N EQUIP MAINT& REPAIR SERV 001-6020-522.35-01 1,192.40 LIGHTHOUSE UNIFORM CLOTHING &APPAREL 001-6020-522.31-11 1,401.72 SUNSET DO-IT BEST HARDWARE SUPPLIES 001-6020-522.31-02 14.62 VERIZON WIRELESS 06-15 A/C 442043914-00001 001-6020-522.42-10 120.23 Fire Suppression Division Total: $2,892.56 CHIEF SUPPLY INC CLOTHING &APPAREL 001-6021-522.31-11 66.94 Fire Volunteers Division Total: $66.94 PORT ANGELES CITY TREASURER lunch for interviews-C D 001-6030-522.31-01 8.15 Fire Prevention Division Total: $8.15 VERIZON WIRELESS 06-15 A/C 442043914-00001 001-6040-522.42-10 56.38 Fire Training Division Total: $56.38 DEPARTMENT OF LABOR& PW CONSTRUCTION & RELATED 001-6050-522.41-50 44.80 INDUSTRIES OLYMPIC PARTY& CUSTODIAL EQUIP MAINT& REPAIR SERV 001-6050-522.31-01 188.01 SUPPLIES Facilities Maintenance Division Total: $232.81 GLOBALSTAR USA RENTAL/LEASE EQUIPMENT 001-6060-525.42-10 106.44 Emergency Management Division Total: $106.44 Fire Department Total: $3,668.66 LINCOLN STREET STATION MAILING CARTON 001-7010-532.31-01 3.96 MISC ONE-TIME VENDORS SURVEY EQUIPMENT-COMPAS 001-7010-532.35-01 64.99 OLYMPIC STATIONERS INC DIVIDER TABS 001-7010-532.31-01 7.35 Page 3 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 9 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount PROTHMAN CONSULTING SERVICES 001-7010-532.41-50 2,007.74 CONSULTING SERVICES 001-7010-532.41-50 3,242.26 Public Works Admin. Division Total: $5,326.30 Public Works& Utilities Department Total: $5,326.30 ANGELES MILLWORK& LUMBER SUPPLIES 001-8080-576.31-20 9.71 DEPT OF LABOR& INDUSTRIES CONSULTING SERVICES 001-8080-576.49-90 22.40 FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 4.50 SOUND PUBLISHING INC COMMUNICATIONSWEDIA SERV 001-8080-576.44-10 74.26 COMMUNICATIONSWEDIA SERV 001-8080-576.44-10 75.84 SUNSET DC7-IT BEST HARDWARE SUPPLIES 001-8080-576.31-01 6.66 SUPPLIES 001-8080-576.45-30 22.76 SUPPLYWORKS SUPPLIES 001-8080-576.31-01 70.16 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 64.88 Parks Facilities Division Total: $351.17 Parks& Recreation Department Total: $351.17 3 WIRE GROUP, INC SUPPLIES 001-8112-555.31-20 720.86 Senior Center Facilities Division Total: $720.86 ANGELES MILLWORK& LUMBER SUPPLIES 001-8131-518.31-20 21.51 SUPPLIES 001-8131-518.31-20 74.28 SUPPLIES 001-8131-518.35-01 13.88 DEPT OF LABOR& INDUSTRIES CONSULTING SERVICES 001-8131-518.49-90 283.40 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8131-518.31-20 240.52 Central Svcs Facilities Division Total: $633.59 Facilities Maintenance Department Total: $1,354.45 General Fund Fund Total: $56,123.42 N-DUB PRODUCTIONS SUPPLIES 101-1430-557.41-50 4,594.62 VERTIGO MARKETING CONSULTING SERVICES 101-1430-557.41-50 831.88 Lodging Excise Tax Division Total: $5,426.50 Lodging Excise Tax Department Total: $5,426.50 Lodging Excise Tax Fund Total: $5,426.50 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 103.05 ADVANCED TRAVEL Bridge Maint Conf-Pozerni 102-7230-542.43-10 96.00 ALL WEATHER HEATING & EXTERNAL LABOR SERVICES 102-7230-542.49-90 261.61 COOLING ANGELES MILLWORK& LUMBER JANITORIAL SUPPLIES 102-7230-542.35-01 15.74 Page 4 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 10 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount ANGELES MILLWORK& LUMBER HARDWARE,AND ALLIED ITEMS 102-7230-542.31-20 33.99 DEPT OF LABOR& INDUSTRIES CONSULTING SERVICES 102-7230-542.49-90 44.80 FAMILY SHOE STORE SHOES AND BOOTS 102-7230-542.31-01 150.00 HOLCOMB &COMPANY, D ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 3,065.64 IMSA-INTNL MUNICIPAL SGNL MEMBERSHIPS 102-7230-542.49-01 40.00 ASSC LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 716.93 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 21.38 SUNSET DO-IT BEST HARDWARE HOSES,ALL KINDS 102-7230-542.35-01 29.26 TRAFFIC SAFETY SUPPLY CO MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 1,082.07 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 6,825.22 Street Division Total: $12,485.69 Public Works-Street Department Total: $12,485.69 Street Fund Total: $12,485.69 ADVANCED TRAVEL APCO Conference- Romberg 107-5160-528.43-11 1,230.58 CENTURYLINK-QWEST 07-02 A/C 3602020380301 B 107-5160-528.42-11 454.45 CLALLAM CNTY INFORMATION DATA PROC SERV&SOFTWARE 107-5160-528.48-10 5,276.03 TECHNOLOGY MISC EMPLOYEE EXPENSE BOOKS: 5 LEADERSHIP BOOKS 107-5160-528.31-61 116.15 REIMBURSEMENT NON REIMBURSED PORTION 107-5160-528.31-01 13.48 RT AIRFARE TO DENVER-AP 107-5160-528.43-11 544.26 PORT ANGELES POLICE 2 Headset Batteries 107-5160-528.31-01 22.47 DEPARTMENT Cleaning Suppies 107-5160-528.31-01 13.08 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 107-5160-528.31-01 63.89 SUNNY COMMUNICATIONS, INC SUPPLIES 107-5160-594.65-10 1,815.00 WA STATE PATROL MANAGEMENT SERVICES 107-5160-528.48-10 1,500.00 Pencom Division Total: $11,049.39 Pencom Department Total: $11,049.39 Pencom Fund Total: $11,049.39 PORTABLE COMPUTER SYSTEMS COMPUTER HARDWARE&PERIPHE 310-5950-594.65-10 3,885.07 Homeland Security Division Total: $3,885.07 Public Safety Projects Department Total: $3,885.07 CASCADIA TRANSPORTATION SUPPLIES 310-7930-595.65-10 200.00 ENT., INC. SARGENT ENGINEERING, INC CONSULTING SERVICES 310-7930-595.65-10 9,718.39 2ENOVIC &ASSOCIATES CONSULTING SERVICES 310-7930-595.65-10 23,148.59 Page 5 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 11 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount GF-Street Projects Division Total: $33,066.98 Capital Projects-Pub Wks Department Total: $33,066.98 Capital Improvement Fund Total: $36,952.05 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP& SUPPLY 401-0000-141.42-00 1,210.70 GENERAL PACIFIC INC ELECTRICAL EQUIP& SUPPLY 401-0000-141.41-00 1,539.28 ISC UTILITY DEPOSIT REFUNDS OVERPAYMENT-1605 W 13TH 401-0000-122.10-99 17.04 OVERPAYMENT-502 1/2 E 1ST 401-0000-122.10-99 37.99 OVERPAYMENT-502 E 1ST ST 401-0000-122.10-99 237.98 FINAL SILL REFUND 401-0000-122.10-99 15.63 FINAL SILL REFUND 401-0000-122.10-99 26.51 FINAL SILL REFUND 401-0000-122.10-99 35.58 FINAL SILL REFUND 401-0000-122.10-99 40.83 FINAL SILL REFUND 401-0000-122.10-99 44.13 FINAL SILL REFUND 401-0000-122.10-99 62.03 FINAL SILL REFUND 401-0000-122.10-99 96.74 FINAL SILL REFUND 401-0000-122.10-99 149.47 FINAL SILL REFUND 401-0000-122.10-99 172.55 FINAL SILL REFUND 401-0000-122.10-99 179.06 FINAL SILL REFUND 401-0000-122.10-99 179.11 FINAL SILL REFUND 401-0000-122.10-99 221.57 FINAL SILL REFUND 401-0000-122.10-99 239.77 FINAL SILL REFUND 401-0000-122.10-99 247.42 FINAL SILL REFUND 401-0000-122.10-99 269.42 FINAL SILL REFUND 401-0000-122.10-99 531.97 FINAL CREDIT-421 LIBERTY 401-0000-122.10-99 21.45 FINAL CREDIT-1102 CAMPBEL 401-0000-122.10-99 516.21 REFUND-PERSON NEVER SIGNS 401-0000-245.10-01 75.00 CREDIT REFUND-1220 W 9TH 401-0000-122.10-99 106.67 CREDIT REFUND-1311 CAMPBE 401-0000-122.10-99 32.98 CREDIT REFUND-1315 CAMPBE 401-0000-122.10-99 41.18 CREDIT REFUND-226 W 12TH 401-0000-122.10-99 318.14 FINAL BILL REFUND 401-0000-122.10-99 6.52 FINAL BILL REFUND 401-0000-122.10-99 17.36 FINAL BILL REFUND 401-0000-122.10-99 19.90 FINAL BILL REFUND 401-0000-122.10-99 36.31 Page 6 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 12 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 41.08 FINAL BILL REFUND 401-0000-122.10-99 64.54 FINAL BILL REFUND 401-0000-122.10-99 83.97 FINAL BILL REFUND 401-0000-122.10-99 104.65 FINAL BILL REFUND 401-0000-122.10-99 135.31 FINAL BILL REFUND 401-0000-122.10-99 182.24 FINAL BILL REFUND 401-0000-122.10-99 239.93 FINAL BILL REFUND 401-0000-122.10-99 316.45 FINAL BILL REFUND 401-0000-122.10-99 522.56 WESCQ DISTRIBUTION INC FASTENERS, FASTENING DEVS 401-0000-141.41-00 132.25 ELECTRICAL EQUIP& SUPPLY 401-0000-141.41-00 1,336.57 Division Total: $9,906.05 Department Total: $9,906.05 MISC TRAVEL SMART GRID SUMMIT-PALM BE 401-7111-533.43-10 267.11 Engineering-Electric Division Total: $267.11 BPA-POWER WIRES SUPPLIES 401-7120-533.33-10 87,368.00 MISC CITY CONSERVATION RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 225.75 REBATES RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 504.36 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 541.35 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 689.70 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 752.40 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 795.60 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 875.40 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,110.30 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,307.16 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,313.82 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,370.52 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,373.70 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,459.20 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,461.60 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,476.60 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,515.60 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,556.28 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,772.28 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,900.26 Page 7 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 13 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount MISC CITY CONSERVATION RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 2,177.28 REBATES RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 2,686.50 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 2,898.72 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 3,291.30 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 3,321.00 SERENITY HOUSE RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 2,844.72 Power Systems Division Total: $126,589.40 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 194.18 AUTOZONE STORES, INC AUTO SHOP EQUIPMENT&SUP 401-7180-533.31-01 10.56 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP& SUPPLY 401-7180-533.34-02 130.10 ELECTRICAL EQUIP& SUPPLY 401-7180-533.35-01 397.19 CLINICARE OF PORT ANGELES INC DOT PHYSICAL- ROBINSON 401-7180-533.49-90 175.00 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 401-7180-533.34-02 417.34 FEDERAL EXPRESS CORP Shipping & Frieght 401-7180-533.42-10 5.88 Shipping & Frieght 401-7180-533.42-10 11.68 GENERAL PACIFIC INC ELECTRICAL EQUIP& SUPPLY 401-7180-533.34-02 63.38 ELECTRICAL EQUIP& SUPPLY 401-7180-533.34-02 12,572.17 GOOD TO GO! MISC PROFESSIONAL SERVICE 401-7180-533.43-10 7.00 HARBOR FREIGHT TOOLS HARDWARE,AND ALLIED ITEMS 401-7180-533.31-01 82.34 MATCO TOOLS FIRST AID& SAFETY EQUIP. 401-7180-533.31-01 43.26 MISC TRAVEL WCIA TRAIN ING-MARYSVILLE 401-7180-533.43-10 100.80 WCIA TRAIN I NG-MARYSVILLE- 401-7180-533.43-10 96.00 OLYMPIC LAUNDRY& DRY LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 96.03 CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 96.03 PACIFIC OFFICE EQUIPMENT INC FURNITURE, OFFICE 401-7180-533.31-01 3,225.98 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP& SUPPLY 401-7180-533.34-02 189.83 ELECTRICAL EQUIP& SUPPLY 401-7180-533.35-01 80.44 ELECTRICAL EQUIP& SUPPLY 401-7180-533.34-02 26.02 ELECTRICAL EQUIP& SUPPLY 401-7180-533.34-02 5.20 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 401-7180-533.41-50 97.74 SCHWEITZER ENGINEERING LABS ELECTRICAL EQUIP& SUPPLY 401-7180-594.64-10 4,878.00 ELECTRICAL EQUIP& SUPPLY 401-7180-594.64-10 4,878.00 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 750.00 SUNSET DO-IT BEST HARDWARE FASTENERS, FASTENING DEVS 401-7180-533.34-02 3.12 Page 8 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 14 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount SUNSET DC7-IT BEST HARDWARE ELECTRICAL EQUIP& SUPPLY 401-7180-533.31-01 6.62 ELECTRICAL EQUIP& SUPPLY 401-7180-533.34-02 31.61 NAND TOOLS ,POW&NON POWER 401-7180-533.35-01 31.21 NAND TOOLS ,POW&NON POWER 401-7180-533.35-01 89.71 SWAIN'S GENERAL STORE INC NOTIONS & RELATED SEWING 401-7180-533.31-01 46.70 THURMAN SUPPLY ELECTRICAL EQUIP& SUPPLY 401-7180-533.31-01 42.99 TYNDALE COMPANY FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 96.91 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 380.64 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 384.44 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 87.42 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 380.64 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 401-7180-533.49-90 27.72 CTR WAGNER-SMITH EQUIPMENT CO ELECTRICAL EQUIP& SUPPLY 401-7180-533.35-01 117.84 ELECTRICAL EQUIP& SUPPLY 401-7180-533.35-01 421.58 Electric Operations Division Total: $30,779.30 Public Works-Electric Department Total: $157,635.81 Electric Utility Fund Total: $167,541.86 N.B. JAEGER COMPANY, LLC PIPE FITTINGS 402-0000-141.40-00 4,079.29 PIPE FITTINGS 402-0000-141.40-00 1,439.15 PIPE FITTINGS 402-0000-141.40-00 6,533.20 PIPE FITTINGS 402-0000-141.40-00 6,533.20 Division Total: $18,584.84 Department Total: $18,584.84 ALL WEATHER HEATING & EXTERNAL LABOR SERVICES 402-7380-534.48-10 261.60 COOLING BILL'S PLUMBING & HEATING INC RENTAL/LEASE EQUIPMENT 402-7380-534.45-30 150.00 CENTURYLINK-QWEST 06-23 A/C 206T411255315B 402-7380-534.42-10 129.14 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 402-7380-534.31-60 113.81 DEPT OF LABOR& INDUSTRIES CONSULTING SERVICES 402-7380-534.49-90 44.80 GRAINGER ELECTRICAL EQUIP& SUPPLY 402-7380-534.31-20 188.79 HERRERA ENVIRONMENTAL CONSULTING SERVICES 402-7380-534.41-50 244.66 CONSULTANTS CONSULTING SERVICES 402-7380-534.41-50 292.98 CONSULTING SERVICES 402-7380-534.41-50 318.67 CONSULTING SERVICES 402-7380-534.41-50 582.87 Page 9 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 15 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount HOLCOMB &COMPANY, D ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 1,163.81 LANE POWELL CONSULTING SERVICES 402-7380-534.41-50 28,012.34 LAYNE CHRISTENSEN CO. CONSULTING SERVICES 402-7380-534.41-50 7,260.00 MISC CITY CONSERVATION CITY REBATE 402-7380-534.49-90 50.00 REBATES CITY REBATE 402-7380-534.49-90 50.00 CITY REBATE 402-7380-534.49-90 50.00 CITY REBATE 402-7380-534.49-90 25.00 CITY REBATE 402-7380-534.49-90 100.00 CITY REBATE 402-7380-534.49-90 50.00 PENINSULA LUBRICANTS FUEL,OIL,GREASE, & LUBES 402-7380-534.31-05 173.68 PORT ANGELES CITY TREASURER J Jones driving abstract 402-7380-534.31-01 15.00 PORT ANGELES POWER LAWN MAINTENANCE EQUIP 402-7380-534.35-01 30.34 EQUIPMENT SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 215.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 173.00 SUNSET DO-IT BEST HARDWARE LAWN MAINTENANCE EQUIP 402-7380-534.31-01 49.35 SUPPLYWORKS PAPER& PLASTIC-DISPOSABL 402-7380-534.31-01 119.41 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 81.66 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 402-7380-534.49-90 27.72 CTR Water Division Total: $39,973.63 Public Works-Water Department Total: $39,973.63 Water Utility Fund Total: $58,558.47 ERNST FLOW INDUSTRIES, LLC STEAM & HOT WATER FITTING 403-0000-237.00-00 (4.89) Division Total: ($4.89) Department Total: ($4.89) CUES WATER SEWAGE TREATMENT EQ 403-7480-535.48-10 1,767.46 DEPT OF LABOR& INDUSTRIES CONSULTING SERVICES 403-7480-535.49-90 112.00 DO2E WASTEWATER TREATMENT WATER SEWAGE TREATMENT EQ 403-7480-535.34-02 2,365.95 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 125.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 1,456.55 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 76.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 269.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 269.00 ERNST FLOW INDUSTRIES, LLC STEAM & HOT WATER FITTING 403-7480-535.31-20 63.09 Page 10 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 16 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount FASTENAL INDUSTRIAL FIRST AID& SAFETY EQUIP. 403-7480-535.31-01 78.92 HARDWARE,AND ALLIED ITEMS 403-7480-535.35-01 291.60 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 62.71 LAWN MAINTENANCE EQUIP 403-7480-535.31-01 212.71 FEDERAL EXPRESS CORP Shipping & Frieght 403-7480-535.41-10 14.20 Shipping & Frieght 403-7480-535.41-10 15.86 Shipping & Frieght 403-7480-535.41-10 22.02 Shipping & Frieght 403-7480-535.41-10 22.63 Shipping & Frieght 403-7480-535.41-10 22.70 FERGUSON ENTERPRISES INC PIPE FITTINGS 403-7480-535.31-20 45.54 HI-TECH ELECTRONICS INC SECURITY,FIRE,SAFETY SERV 403-7480-535.48-10 1,498.09 MISC TRAVEL WCIA TRAIN ING-MARYSVILLE 403-7480-535.43-10 92.60 OLYMPIC CONCRETE CUTTING ROAD/HIGHWAY EQUIPMENT 403-7480-535.48-10 245.88 OLYMPIC PARTY& CUSTODIAL PAPER& PLASTIC-DISPOSABL 403-7480-535.31-01 301.72 SUPPLIES PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP& SUPPLY 403-7480-535.48-10 2,195.10 PORT ANGELES CITY TREASURER shipping-J Hart 403-7480-535.31-01 49.26 Postage for LSC contract 403-7480-535.42-10 6.65 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 176.48 MISC PROFESSIONAL SERVICE 403-7480-535.47-10 224.21 SUNSET DO-IT BEST HARDWARE PIPE AND TUBING 403-7480-535.31-20 110.00 SWAIN'S GENERAL STORE INC FOODS: PERISHABLE 403-7480-535.41-10 4.27 FOODS: PERISHABLE 403-7480-535.31-01 23.48 SHOES AND BOOTS 403-7480-535.31-01 149.34 SUPPLIES 403-7480-535.31-01 62.28 TAURUS POWER& CONTROLS, INC TESTING&CALIBRATION SERVI 403-7480-535.48-10 1,642.26 THURMAN SUPPLY PIPE AND TUBING 403-7480-535.31-01 63.96 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 403-7480-535.49-90 27.72 CTR Wastewater Division Total: $14,166.24 Public Works-WW/Stormwtr Department Total: $14,166.24 Wastewater Utility Fund Total: $14,161.35 PORT ANGELES CITY TREASURER Ice-test sample-J Paynt 404-7538-537.31-01 2.49 SWANA MEMBERSHIPS 404-7538-537.49-01 106.00 SW-Transfer Station Division Total: $108.49 Page 11 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 17 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 103.04 ALL WEATHER HEATING & EXTERNAL LABOR SERVICES 404-7580-537.48-10 261.61 COOLING DEPT OF LABOR& INDUSTRIES CONSULTING SERVICES 404-7580-537.49-90 44.80 FEDERAL EXPRESS CORP Shipping & Frieght 404-7580-537.41-10 24.71 Shipping & Frieght 404-7580-537.41-10 146.11 SWAIN'S GENERAL STORE INC CLOTHING &APPAREL 404-7580-537.31-01 30.77 FOODS: PERISHABLE 404-7580-537.31-01 5.87 SUPPLIES 404-7580-537.31-01 75.49 SWANA MEMBERSHIPS 404-7580-537.49-01 106.00 Solid Waste-Collections Division Total: $798.40 ANGELES MILLWORK& LUMBER SUPPLIES 404-7585-537.31-20 23.93 N C MACHINERY CO RENTAL/LEASE EQUIPMENT 404-7585-537.41-50 788.28 THURMAN SUPPLY PIPE AND TUBING 404-7585-537.31-20 186.21 PIPE AND TUBING 404-7585-537.31-20 317.54 Solid Waste-Landfill Division Total: $1,315.96 Public Works-Solid Waste Department Total: $2,222.85 Solid Waste Utility Fund Total: $2,222.85 ADVANCED TRAVEL 5.3 Advanced LID Training 406-7412-538.43-10 140.67 BAXTER AUTO PARTS#15 AUTO &TRUCK MAINT. ITEMS 406-7412-538.31-01 61.56 LEITZ FARMS, INC POISONS:AGRICUL& INDUSTR 406-7412-538.31-20 84.53 POISONS:AGRICUL& INDUSTR 406-7412-538.31-20 84.53 POISONS:AGRICUL& INDUSTR 406-7412-538.31-01 84.53 MISC TRAVEL WCIA TRAIN ING-MARYSVILLE 406-7412-538.43-10 48.00 STORMWATER OUTREACH MTG-P 406-7412-538.43-10 62.35 PORT ANGELES POWER FIRST AID& SAFETY EQUIP. 406-7412-538.31-01 21.63 EQUIPMENT MASS TRANS,ACCES& PARTS 406-7412-538.31-01 12.99 SUNSET DO-IT BEST HARDWARE HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 38.03 HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 141.72 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 406-7412-538.31-20 33.51 JANITORIAL SUPPLIES 406-7412-538.31-01 10.23 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 406-7412-538.49-90 27.72 CTR Stormwater Division Total: $852.00 Public Works-WW/Stormwtr Department Total: $852.00 Page 12 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 18 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount Stormwater Utility Fund Total: $852.00 CURTIS &SONS INC, L N EQUIP MAINT& REPAIR SERV 409-6025-526.20-80 522.18 EQUIP MAINT& REPAIR SERV 409-6025-526.20-80 13.55 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-13 229.62 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 52.09 SALE SURPLUS/OBSOLETE 409-6025-526.31-02 91.32 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 266.66 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 23.80 SALE SURPLUS/OBSOLETE 409-6025-526.31-02 242.87 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 58.70 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 178.20 MCFALL, BARBARA CONSULTING SERVICES 409-6025-526.41-50 400.00 MISC EMPLOYEE EXPENSE KARJALAINEN UNIFORM ALLOW 409-6025-526.20-80 11.50 REIMBURSEMENT OLYMPIC MEDICAL CENTER HEALTH RELATED SERVICES 409-6025-526.41-50 294.25 OLYMPIC SYNTHETIC PRODUCTS ELECTRONIC COMPONENTS 409-6025-526.31-02 455.45 VERIZON WIRELESS 06-15 A/C 442043914-00001 409-6025-526.42-10 451.36 Medic I Division Total: $3,291.55 Fire Department Total: $3,291.55 Medic I Utility Fund Total: $3,291.55 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 37,367.39 MISC TRAVEL PA HARBOR MTGS/CONFERENCE 413-7481-535.43-10 92.50 Wastewater Remediation Division Total: $37,459.89 Public Works-WW/Stormwtr Department Total: $37,459.89 Harbor Clean Up Fund Total: $37,459.89 AIR FLO HEATING COMPANY INC CITY REBATE 421-7121-533.49-86 3,800.00 CLEARESULT CITY REBATE 421-7121-533.49-86 3,317.83 DAVE'S HEATING& COOLING SVC CITY REBATE 421-7121-533.49-86 1,600.00 GLASS SERVICES CO INC CITY REBATE 421-7121-533.49-86 540.00 MATHEWS GLASS CO INC CITY REBATE 421-7121-533.49-86 375.00 CITY REBATE 421-7121-533.49-86 385.50 MISC CITY CONSERVATION CITY REBATE 421-7121-533.49-86 1,070.43 REBATES PENINSULA BOTTLING CO INC CITY REBATE 421-7121-533.49-86 10,625.30 PENINSULA HEAT INC CITY REBATE 421-7121-533.49-86 3,792.92 Page 13 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 19 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount RADIO PACIFIC INC (KONP) COMMUNICATIONS/MEDIA SERV 421-7121-533.44-10 625.00 Conservation Division Total: $26,131.98 Public Works-Electric Department Total: $26,131.98 Conservation Fund Total: $26,131.98 FEDERAL EXPRESS CGRP Shipping & Frieght 453-7488-594.65-10 9.18 Wastewater Projects Division Total: $9.18 Public Works-WW/Stormwtr Department Total: $9.18 Wastewater Utility CIP Fund Total: $9.18 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 3,816.10 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,611.55 BAXTER AUTO PARTS#15 AUTO &TRUCK ACCESSORIES 501-0000-141.40-00 634.14 KAMAN INDUSTRIAL AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 364.24 TECHNOLOGIES MASCO PETROLEUM, INC AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 250.41 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 699.75 NAPA AUTO PARTS AUTO &TRUCK ACCESSORIES 501-0000-141.40-00 18.56 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 145.11 AUTO &TRUCK ACCESSORIES 501-0000-141.40-00 23.74 SOLID WASTE SYSTEMS, INC AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 196.77 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 (196.77) AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 109.91 SUNSET DO-IT BEST HARDWARE AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 160.94 WESTERN EQUIPMENT DISTRIB AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 92.79 INC Division Total: $10,927.24 Department Total: $10,927.24 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 120.64 AG ENTERPRISE SUPPLY, INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 268.78 ANGELES COLLISION REPAIR EXTERNAL LABOR SERVICES 501-7630-548.34-02 308.94 ANGELES MACHINE WORKS INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 278.35 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 96.45 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 96.45 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 34.83 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 49.39 AUTOZONE STORES, INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 163.27 Page 14 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 20 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount BAXTER AUTO PARTS#15 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 51.61 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 10.64 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 39.93 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 331.26 COPY CAT GRAPHICS AUTO &TRUCK ACCESSORIES 501-7630-548.34-02 281.84 DRAKE'S PIZZA&SUES AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 65.04 FAR-WEST MACHINE& EXTERNAL LABOR SERVICES 501-7630-548.34-02 214.52 HYDRAULICS AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 100.57 EXTERNAL LABOR SERVICES 501-7630-548.34-02 93.22 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 168.71 FASTENAL INDUSTRIAL AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 71.01 HARTNAGEL BUILDING SUPPLY INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 16.55 HEARTLINE AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 110.51 MATCO TOOLS AUTO &TRUCK MAINT. ITEMS 501-7630-548.35-01 93.51 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 31.38 AUTO &TRUCK MAINT. ITEMS 501-7630-548.35-01 47.05 MT PLEASANT AUTO BODY AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 1,291.13 EXTERNAL LABOR SERVICES 501-7630-548.34-02 269.47 NAPA AUTO PARTS AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 45.66 PAPE' MACHINERY AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 339.21 PENINSULA LUBRICANTS AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 80.22 PORT ANGELES AUTO GLASS EXTERNAL LABOR SERVICES 501-7630-548.34-02 535.24 QUALITY TINTING &GLASS DESIGN EXTERNAL LABOR SERVICES 501-7630-548.34-02 97.56 RICHMOND 2-WAY RADIO EXTERNAL LABOR SERVICES 501-7630-548.34-02 114.90 RUDY°S AUTOMOTIVE EXTERNAL LABOR SERVICES 501-7630-548.34-02 76.31 SIX ROBBLEES° INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 590.81 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 501-7630-548.44-10 74.26 STRAIT ALIGNMENT& BRAKE AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 606.71 EXTERNAL LABOR SERVICES 501-7630-548.34-02 288.29 SUNSET DO-IT BEST HARDWARE AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 32.19 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 15.21 SWAIN'S GENERAL STORE INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 52.57 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 16.57 SYSTEMS FOR PUBLIC SAFETY, AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 28.43 INC Page 15 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 21 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount SYSTEMS FOR PUBLIC SAFETY, EXTERNAL LABOR SERVICES 501-7630-548.34-02 607.20 INC TACOMA DODGE CHRYSLER JEEP AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 139.17 THERMO KING NORTHWEST, INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 338.59 WASHINGTON AUDIOLOGY SVCS HEARING TEST- R LANE 501-7630-548.49-90 20.00 INC WESTERN EQUIPMENT DISTRIB AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 404.10 INC Equipment Services Division Total: $9,208.25 Public Works-Equip Svcs Department Total: $9,208.25 Equipment Services Fund Total: $20,135.49 ADVANCED TRAVEL SUGA Conf-Strait 502-2081-518.43-10 246.25 CENTURYLINK-QWEST 06-23 A/C 2067310164584B 502-2081-518.42-10 488.34 06-23 A/C 206T302306084B 502-2081-518.42-10 465.36 06-23 A/C 79513296 502-2081-518.42-10 17.18 06-23 A/C2067418577331 B 502-2081-518.42-10 57.46 07-05 A/C 3604524587479B 502-2081-518.42-10 121.05 CONSOLIDATED TECH SERVICES COMMUNICATIONS/MEDIA SERV 502-2081-518.42-10 456.92 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES &ACCESS 502-2081-518.45-31 32.44 OFFICE MACHINES &ACCESS 502-2081-518.45-31 33.12 OFFICE MACHINES &ACCESS 502-2081-518.45-31 41.20 OFFICE MACHINES &ACCESS 502-2081-518.45-31 43.49 OFFICE MACHINES &ACCESS 502-2081-518.45-31 45.34 OFFICE MACHINES &ACCESS 502-2081-518.45-31 46.30 OFFICE MACHINES &ACCESS 502-2081-518.45-31 52.61 OFFICE MACHINES &ACCESS 502-2081-518.45-31 52.88 OFFICE MACHINES &ACCESS 502-2081-518.45-31 56.84 OFFICE MACHINES &ACCESS 502-2081-518.45-31 73.00 OFFICE MACHINES &ACCESS 502-2081-518.45-31 110.46 OFFICE MACHINES &ACCESS 502-2081-518.45-31 111.25 OFFICE MACHINES &ACCESS 502-2081-518.45-31 113.19 OFFICE MACHINES &ACCESS 502-2081-518.45-31 115.37 OFFICE MACHINES &ACCESS 502-2081-518.45-31 120.77 OFFICE MACHINES &ACCESS 502-2081-518.45-31 163.35 OFFICE MACHINES &ACCESS 502-2081-518.45-31 204.20 OFFICE MACHINES &ACCESS 502-2081-518.45-31 361.04 Page 16 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 22 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount SUPERION, LLC DATA PROC SERV&SOFTWARE 502-2081-518.43-15 1,500.34 DATA PROC SERV&SOFTWARE 502-2081-518.43-15 160.00 DATA PROC SERV&SOFTWARE 502-2081-518.43-15 2,038.29 VERIZON WIRELESS 06-22 A/C 571136182-00001 502-2081-518.42-10 576.79 06-25 A/C 671402094-00001 502-2081-518.42-10 3,978.62 Information Technologies Division Total: $11,883.45 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 502-2082-594.65-10 54,173.58 IT Capital Projects Division Total: $54,173.58 Finance Department Total: $66,057.03 Information Technology Fund Total: $66,057.03 AWC EMPLOYEE BENEFITS TRUST L1 Med/Vis Premiums 503-1631-517.46-34 6,231.66 Life Insurance 503-1631-517.46-32 1,673.60 LTD 503-1631-517.46-31 4,630.60 Med/Den/Vis Premiums 503-1631-517.46-30 225,668.63 MISC EMPLOYEE EXPENSE WELLNESS REIMBURSEMENT 503-1631-517.41-51 139.00 REIMBURSEMENT NW ADMIN TRANSFER ACCT CONSULTING SERVICES 503-1631-517.46-33 84,209.30 CONSULTING SERVICES 503-1631-517.46-34 5,763.60 Other Insurance Programs Division Total: $328,316.39 WASHINGTON HOSPITAL SVCS CONSULTING SERVICES 503-1661-517.41-40 2,400.00 Worker's Compensation Division Total: $2,400.00 SUMMIT LAW GROUP PLLC SUMMIT LAW FOR PUBLIC LAB 503-1671-517.41-50 162.60 WCIA (WA CITIES INS AUTHORITY) WCIA LARGE DED PROGRAM 503-1671-517.41-50 369.20 Comp Liability Division Total: $531.80 Self Insurance Department Total: $331,248.19 Self-Insurance Fund Total: $331,248.19 AWC EMPLOYEE BENEFITS TRUST Retiree Premiums 602-6221-517.46-35 2,428.92 Fireman's Pension Division Total: $2,428.92 Fireman's Pension Department Total: $2,428.92 Firemen's Pension Fund Total: $2,428.92 AFLAC PAYROLL SUMMARY 920-0000-231.53-11 192.31 PAYROLL SUMMARY 920-0000-231.53-12 1,417.51 AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 342.00 BROWN & BROWN OF PAYROLL SUMMARY 920-0000-231.53-40 888.30 WASHINGTON Page 17 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 23 City of Port Angeles City Council Expenditure Report M 'w Between Jul 8, 2017 and Jul 21, 2017 Vendor Description Account Number Amount CHAPTER 13 TRUSTEE Case# 14-14948 920-0000-231.56-90 794.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 21,092.67 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 93,687.40 P/R Deductions pe 07-16 920-0000-231.50-10 5.91 PAYROLL SUMMARY 920-0000-231.50-10 87,657.56 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 81,586.32 PAYROLL SUMMARY 920-0000-231.50-20 78,955.60 FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 1,473.44 NSA SANK IBEW HEALTH SVGS ACCT 920-0000-231.52-40 (1,185.53) IBEW HEALTH SVGS ACCT 920-0000-231.52-40 1,185.53 IBEW HEALTH SVGS ACCT 920-0000-231.52-40 327.53 IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 1,490.85 ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 (31,653.49) PAYROLL SUMMARY 920-0000-231.52-10 31,653.49 PAYROLL SUMMARY 920-0000-231.52-10 31,653.49 PAYROLL SUMMARY 920-0000-231.52-30 (15,747.28) PAYROLL SUMMARY 920-0000-231.52-30 15,747.28 PAYROLL SUMMARY 920-0000-231.52-30 15,747.28 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 27,231.97 OFFICE OF SUPPORT PAYROLL SUMMARY 920-0000-231.56-20 276.92 ENFORCEMENT PERS PAYROLL SUMMARY 920-0000-231.51-10 1,448.60 PAYROLL SUMMARY 920-0000-231.51-11 13,534.75 PAYROLL SUMMARY 920-0000-231.51-12 66,980.15 POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 414.00 UNITED WAY(PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 500.50 WSCCCE AFSCME AFL-CIO PAYROLL SUMMARY 920-0000-231.54-40 (64.72) PAYROLL SUMMARY 920-0000-231.54-40 5,554.28 Division Total: $533,188.62 Department Total: $533,188.62 Payroll Clearing Fund Total: $533,188.62 Total for Checks Dated Between Jul 8,2017 and Jul 21,2017 $1,385,324.43 Page 18 of 18 Jul 26, 2017 10:43:44 AM 08/01/2017 E - 24 F' ' OuT NGELES All ,`— W A S H I N G T O N, U. S. A. w F CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: Elks Parking Lot Repair, Project CON-2017-28 –Award Construction Contract Summary: The Downtown Elks Parking Lot(Lot G) is in need of repair and maintenance. Asphalt that has been damaged by tree roots should be removed and replaced. Bids were opened on July 18, 2017, and one bid was received. Lakeside Industries is the low responsible bidder with a base bid amount of$66,178.20. Funding: Funds for the downtown parking lot project are available through the Downtown Parking Lot upgrade program. The original 2017 budget for parking lot work was $30,000 (account 102- 7230-542-4810). Additional revenue of$40,000 is available from Parking Fee Reserves and has been included in a supplemental budget request. Recommendation: Approve and authorize the City Manager to award the base bid and sign a construction contract with Lakeside Industries for the Elks Parking Lot Repair, Project CON- 2017-28, for a contract amount of$66,178.20 including applicable taxes, and to make minor modifications to the contract. Background/Analysis: The Downtown Elks Parking lot(Lot G) is in need of repair and maintenance. Asphalt in the parking lot has aged and been damaged by tree roots. The Elks Parking Lot Repair project base bid will remove and replace approximately one fourth of the parking lot surfacing impacted by tree roots. To prevent future damage from tree roots a curb and root barrier will also be installed. The project includes a provision for City Light Operations to place electrical conduit for future lighting upgrades. An additive bid was also obtained to seal coat and stripe the remaining three fourths of the parking lot. Bids were opened on July 18, 2017, and only one bid was received. Lakeside Industries is the low responsible bidder with a base bid amount of$66,178.20. An additive bid in the amount of $10,829.16 for seal coating and striping was also received for a total combined bid of$77,007.36. 08/01/2017 E - 25 August 1,2017 City Council Re: Elks Parking Lot Repair,Project CON-2017-28 Page 2 The base bid plus additive bid exceeds available parking lot revenue of$70,000. Awarding only the base bid will address asphalt displacement by tree roots. At a later date staff will rebid the parking lot seal coat. To complete work within available budget, Public Works Operations staff will stripe parking stalls in the parking lot upon project completion. The total bid amounts, including taxes, are shown in Table 1 below. Table 1 Contractor Base Bid Additive Bid Total Bid Lakeside Industries $ 66,178.20 $ 10,829.16 $ 77,007.36 Engineer's Estimate $ 59,213.50 $ 7,317.00 $ 66,530.50 Funding Overview: Funds for the downtown parking lot project are available through the Downtown Parking Lot upgrade program. The original 2017 budget for parking lot work was $30,000 (account 102-7230-542-4810). Additional revenue of$40,000 is available from Parking Fee Reserves and has been included in a supplemental budget request. 08/01/2017 E - 26 P99 NGELES WASH I N GTO N, U. S. A. ,,„ 0000000ii0000ii� CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: COREY DELIKAT,PARKS&RECREATION DIRECTOR SUBJECT: Facility Use Agreement—William Shore Memorial Pool Summary: In 2015, City Council made budget reductions to balance the deficit in the General Fund budget. During the process, the Parks & Recreation Department's Youth& Family Programs were eliminated. After the elimination, the Parks & Recreation Department refocused its mission on youth recreation. Instead of focusing on youth programming, it directed its focus on being more of a facilitator of youth activities. Over the course of the last two years, the department has worked with the Boys & Girls Club, Lincoln Park BMX, Campfire USA, created an Athletic Field Use Policy, and worked with numerous youth art and drama programs with the Port Angeles Fine Art Center. The City is also looking into the idea of a partnership with a Nature School at Lincoln Park in 2018. These partnerships have allowed non-profit organizations to provide youth activities at City facilities for free. The City wants to establish the same type of partnership with the William Shore Memorial Pool. Both agencies see a critical need in the community for afterschool programming and this is one way the City can support that need. Funding: N/A Recommendation: Allow the City Manager to sign the Facility Use Agreement between the William Shore Memorial Pool to use the Vern Burton Community Center free of charge as a recreational facility for afterschool youth programing, and allow minor modifications to the agreement, if necessary. Background/Analysis: In 2015, the City Council made budget reductions to balance the deficit in the General Fund budget. During the process, the Parks & Recreation Department's Youth & Family Programs were eliminated. After the elimination, the Parks & Recreation Department refocused its mission on youth recreation. Instead of focusing on youth programming, it directed its focus on being more of a facilitator of youth activities. Over the course of the last two years, the department has worked with the Boys & Girls Club, Lincoln Park BMX, Campfire USA, created an Athletic 08/01/2017 E - 27 Field Use Policy, and worked with numerous youth art and drama programs with the Port Angeles Fine Art Center. The City is also looking into the idea of a partnership with a Nature School at Lincoln Park in 2018. These partnerships have allowed non-profit organizations to provide youth activities at City facilities for free. The City of Port Angeles now wants to establish the same type of partnership with the William Shore Memorial Pool (WSMP). The WSMP is looking to expand and remodel their facility, which will include space for afterschool programming. However, both agencies currently see a critical need in the community for afterschool programming and do not want to wait until the facility is upgraded to start this type of programming, especially when space is available in the Vern Burton Community Center and because of some recent daycare closures. A similar type of agreement was approved by City Council in 2016 with the Boys & Girls Club of Clallam County. However, the Boys & Girls Club does not use the facility often because it is difficult for them to transport kids to the facility. If the club wants to continue to use the Vern Burton Community Center, there will be plenty of space for both groups. Much like the agreement with the Boys & Girls Club, the City would provide free use of the Vern Burton Community Center during select hours throughout the week. Rental fees would only occur if the WSMP uses the facility outside of the scope of the attached agreement. Times of use would be coordinated through the Parks &Recreation Department and would not interfere with any paid events. If a group wants to rent the facility during the timeframe the WSMP normally uses the facility, the paid event would have first priority to the facility and coordination would be made with the WSMP Aquatic Manager so they could make other arrangements for their programs. Any profits made by the WSMP would go directly back into the program for expansion and enhancements. The City is excited about this partnership and excited that we can help fill a need in the community. Funding Overview: N/A 08/01/2017 E - 28 FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND THE WILLIAM SHORE MEMORIAL POOL DISTRICT This Facility Use Agreement("Agreement") is made and entered into by and between the City of Port Angeles ("City"), a non-charter code municipality of the State of Washington, and William Shore Memorial Pool District("District"), a Metropolitan Park District located in Port Angeles. WHEREAS, in 2015 because of budget restraints, the City cut all Youth& Family Programs in the Parks & Recreation Department, including after-school programs and seasonal camps; and WHEREAS, since those cuts, the Parks & Recreation Department has become more of a facilitator for youth recreation rather than providing youth recreation; and WHEREAS, over the last two years, the Parks & Recreation Department has worked with the Port Angeles Boys & Girls Club, Lincoln Park BMX, Campfire USA, created an Athletic Field Use Policy, and work with numerous art and drama programs through the Port Angeles Fine Art Center to use City facilities free of charge for our youth; and WHEREAS, in 2017, the community of Port Angeles is continuing to see the need for more after school programs, especially after recent child care facility closures; and WHEREAS, the District is looking to expand and remodel their facility in the near future; and WHEREAS, the District plans to incorporate an after-school programing with the new facility; and WHEREAS, the District and the City see an immediate need for this programming for the upcoming school year and do not want to wait for the new pool facility to be remodeled; and WHEREAS, after-school enrichment programs for children are a valuable resource to the City and the community; and WHEREAS, it is in the City's and the public's interest to allow the District to use the Vern Burton Community Center at no cost for the operation of an after-school program to improve the quality of life for children in Port Angeles; WHEREAS, any net income that is made by the District for the after-school programs will go directly back into the program for growth and expansion or to invest into other youth related programs; NOW, THEREFORE, in consideration of the promises and commitments made herein, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1. Premises. The City hereby agrees to allow the District to use the Vern Burton Community Center for after-school programs and camps. This would include the main gym, meeting rooms, and kitchen as long as paying customers are not using those portions of the facility. The District may also use items in the gym such as the basketball hoops, badminton nets, and volleyball nets. 08/01/2017 E - 29 2. Term. This Agreement shall be deemed to be in full force and effect as of the date of the last signature affixed below. The use permitted under this Agreement shall expire once the District has built its new facility, unless extended or modified in a subsequent written agreement between the parties. Either party may terminate this Agreement by giving the other party sixty days written notice 3. Use. The District shall use the premises for the sole purpose of operating after-school programs and camps for children of the District. All other uses are expressly prohibited without the prior consent of the City's Parks & Recreation Director. Any use outside the scope of this Agreement must comply with the usual rental rates and scheduling of the facility. 4. Facility Protection and Cleanup. The District will leave the Vern Burton Community Center in the same condition as found. This includes removing any items the District brings into the facility and placing all trash and debris in provided trash cans. The District will notify the City of any damage to the facility and will be billed for any repairs. 5. Dates and Hours of Operation. The District may use the facility from 2:00 p.m. to 5:30 p.m. during the Port Angeles school year and various hours in the spring, summer, and winter for school break camps. All coordination must be done through the City of Port Angeles Parks & Recreation Department's Facility Rental Coordinator and the District's Aquatic Manager. 6. Rental Fees. Rental fees will only occur if the District uses the facility outside of the scope of this Agreement. 7. Indemnification. The District shall defend, indemnify, and hold harmless the City, its officials, employees, and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of the Vern Burton Community Center or premises, or from any activity, work, or thing done,permitted, or suffered by the District in or about the facility or premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles. 8. Insurance. The District shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the use of the facility or premises. The District shall provide a certificate of insurance evidencing: The District shall provide the City with a coverage letter from Washington City's Insurance Authority showing general liability insurance coverage for premises, operations, and contractual liability. The coverage letter shall list coverage limits of no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The District's general liability insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the District's insurance and not contribute with it. 9. Assignment. This Agreement may not be assigned or transferred without the written approval of the City. 10. Anti-Discrimination. In all services or activities and all hiring or employment made possible by or resulting from this Agreement, there shall not be discrimination against any employee or applicant for 08/01/2017 E - 30 participation in the District because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. The District shall observe and fully comply with any and all applicable federal, state, or local laws or regulations regarding non-discrimination. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part of this Agreement by the City, and may result in ineligibility for further City agreements. The District will also comply with other anti-discrimination laws or requirements of any and all jurisdictions having authority. 11. Notice. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified in a subsequent written directive: City of Port Angeles Corey Delikat, Parks & Recreation Director 321 East Fifth Street, Port Angeles, WA 98362 William Shore Memorial Pool District Steve Burke, Executive Director 225 East 5th Street, Port Angeles, WA 98362 12. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Washington. Venue for any claims that might flow from this Agreement shall be with the Clallam County Superior Court. IN WITNESS WHEREOF, the City and the William Shore Memorial Pool District have executed this Agreement the date and year indicated. CITY OF PORT ANGELES WILLIAM SHORE MEMORIAL POOL DISTRICT By: By: Dan McKeen, City Manager Steve Burke, Executive Director Attest: Jennifer Veneklasen, City Clerk Approved as to form: William Bloor, City Attorney 08/01/2017 E - 31 F' , OuT NGELES All ,`— W A S H I N G T O N, U. S. A. w F CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: 2017 Sanitary Sewer & Stormdrain Cleaning & CCTV, Contract SVC-2017-22 Summary: Bids were requested for the 2017 Sanitary Sewer & Stormdrain Cleaning & CCTV SVC-2017-22. Five bids were received and opened on July 19, 2017. The low responsible bidder is Innovative Vacuum Services, Inc., of Edmonds, Washington in the bid amount of$41,192.00. Funding: The 2017 Wastewater Utility Operations budget has $35,000 in available funds for sanitary sewer cleaning and videoing work, and an additional $25,000 is available in the 2017 Stormwater Utility Operations budget for Stormdrain cleaning and videoing work. Recommendation: Approve and authorize the City Manager to sign a contract for the 2017 Sanitary Sewer & Stormdrain Cleaning & CCTV SVC-2017-22, with Innovative Vacuum Services, Inc., of Edmonds, Washington for the contracted not-to-exceed maximum value of $60,000 including sales tax, and to make minor modifications to the contract, if necessary. Back2round/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. Sewer videoing and cleaning work will support the sanitary sewer capacity analysis being performed on the Western Urbanized Growth Area. Stormdrain videoing and cleaning work supplements the City's ongoing maintenance activity, in addition to aiding the Illicit Discharge Detection & Elimination (IDDE) program(required by the City's NPDES Permit) in locating potential sewer cross connections. The contract was 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 systems. The maximum price for all work ordered under this job order contract is $60,000. Competitive quotes were requested from the small works roster on July 5, 2017. Five quotations were received on July 19, 2017. Innovative Vacuum Services of Edmonds, Washington was the low responsible bidder. The results of the bidding are shown in the following table. The estimated 08/01/2017 E - 32 August 1,2017 City Council Re: SVC-2017-22 Sanitary Sewer& Stormdrain Cleaning&CCTV Page 2 quantities used for evaluating bids were for purposes of ranking the bidders' proposals to establish the best value to the City. The overall value of the contract remains at $60,000, 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) Innovative Vacuum Services, Inc. Edmonds, WA $41,192.00 Flow Technologies Inc. Tualatin, OR $43,316.64 Action Services Corporation Bremerton,WA $51,400.00 AIMS Phoenix,AZ $64,552.20 Hoffman Southwest Corp Mission Viejo, CA $82,058.80 Government Estimate $60,000.00 The second low bidder, Flow Technologies, Inc., submitted a letter of protest on July 21, 2017, wherein they claimed that the submittal from the low bidder was not timely and was therefore not responsive. In accordance with the bid protest procedures contained in the Instructions to Bidders and state statutes, Engineering evaluated the claim with input from Legal. Engineering found that as the timestamp on the envelope reads "2:00" the submittal was, in fact, timely because it was not "later than 2:00 PM", per the Instructions to Bidders. Additionally, in the event the bid submittal had been late by mere seconds, Engineering could have considered said late submission an insubstantial variance, as the delay would not have conferred a substantial advantage to the low bidder. Engineering subsequently denied the Flow Technologies, Inc, claim via an emailed letter July 26, 2017. Funding Overview: This is a job order 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 2017 Wastewater Utility Operations budget has $35,000 in available funds for sanitary sewer cleaning and videoing work, and an additional $25,000 is available in the 2017 Stormwater Utility Operations budget for Stormdrain cleaning and videoing work. It is recommended that City Council approve and authorize the City Manager to sign a contract for the 2017 Sanitary Sewer & Stormdrain Cleaning & CCTV SVC-2017-22, with Innovative Vacuum Services of Edmonds, Washington for the contracted not-to-exceed maximum value of $60,000 including sales tax, and to make minor modifications to the contract, if necessary. 08/01/2017 E - 33 P99 NGELES WASH I N GTO N, U. S. A. ,,„ 0000000ii0000ii� CITY COUNCIL MEMO DATE: July 26, 2017 To: City Council FROM: DAN MCKEEN,CITY MANAGER THERESE AGESSON,ACTING FINANCE DIRECTOR SUBJECT: Ratify a Declaration of Emergency Summary: On July 24th, 2017 the City of Port Angeles received reports from customers of possible credit card compromise. The City began an investigation immediately to determine if there has been a compromise. The City needs to use external resources to assist in the investigation under emergency conditions per RCW 39.04.280 and 38.52.070(2). It is necessary for the Council to ratify the emergency declaration declared by the City Manager on July 24, 2017. Funding: Funding is estimated at$70,000. The City has insurance for these types of occurrences with the City deductible at$10,000. The deductible will be from the Information Technologies Fund. Recommendation: Ratify the Declaration of Emergency and authorize the exercise of emergency powers for contract services. Back2round/Analysis: On July 24th, 2017 the City of Port Angeles received reports from customers of possible credit card compromise. The security of the customers' information is the highest priority to the City and we began an investigation immediately to determine if there has been a compromise. Local, state and federal law enforcement were notified, and the FBI is participating in the investigation. Letters were mailed to all of the City's utility customers informing them of the possible breach. Also, for the security of our customers, the City has shut down card payment services and credit and debit cards will not be accepted at this time. As part of this investigation the City needs to use an on-site external contractor to ensure the financial welfare of the City and its utility customers is protected. The city also needs to correct any problem that may exist as soon as possible to minimize future risk to our customers. The City Manager issued a declaration of emergency, enabling contractor services to be secured 08/01/2017 E - 34 under RCW 39.04.280 and RCW 38.52.070(2). It is necessary for the Council to ratify the proclamation issued by the City Manager and the findings for the existence of an emergency. Funding Overview: Funding is estimated at$70,000 and will be funded from Insurance coverage with $10,000 deductible from the Information Technologies Fund reserves. 08/01/2017 E - 35 DECLARATION OF EMERGENCY Dan McKeen, the City Manager of the City of Port Angeles, finds the following facts: 1. On July 24, 2017 the City of Port Angeles received reports from customers of possible credit card compromise. The security of our customers' information is the highest priority of the City; and 2. The City began an investigation immediately to determine if, in fact, there has been a compromise, and if so, the extent. The City needs to use external resources to assist in the investigation. Until the issue is clarified, the City has shut down card payment services, and we are not accepting credit or debit cards at this time. Now,therefore,by the authority granted to me under State law and by the City Council, we hereby declare that an emergency exists in Port Angeles due to reports of possible credit card compromise, and that the City is authorized to do the following: 1. Enter into contracts and incur obligations necessary to combat such emergency situations, to protect the financial welfare of the City and its utility customers; and 2. Each City department is authorized to exercise the powers vested under this resolution in light of the emergency situation without regard to time-consuming procedures and formalities prescribed by law(excepting mandatory constitutional requirements). DATED this 25th day of July, 2017. Dan McKeen, City Manager 08/01/2017 E - 36 F' ' OuT NGELES All ,`— W A S H I N G T O N, U. S. A. w F CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: Solid Waste Rates Ordinance Modification –Private Properties Summary: City Ordinance 13.57.020 allows the Public Works Director to reduce or waive dump fees for clean-up projects which further the public health, safety or welfare, enhances the environment, or is otherwise in the public interest for parties of the Solid Waste Interlocal Agreement. The ordinance does not address clean-up projects focused on private properties. The proposed ordinance allows the City to establish payment plans or lien agreements for private property cleanup projects. First reading of the proposed Solid Waste Rates Ordinance Modification was conducted at the July 18, 2017 City Council meeting. Funding: Minimal impacts to the Solid Waste utility finances. Revenue recovery is delayed until sometime after the costs are incurred for processing private property garbage Recommendation: Conduct a second reading and adopt the ordinance establishing Solid Waste utility payment options for voluntary private property cleanup actions. Back2round/Analysis: City Ordinance 13.57.020 outlines rates for solid waste disposal at the Regional Transfer Station. These rates are applicable to all users using the Transfer Station, including City of PA, County, City Sequim, and self-haulers. City Ordinance 13.57.020 also allows the Public Works Director to reduce or waive dump fees for clean-up projects within the County which further the public health, safety or welfare, enhances the environment, or is otherwise in the public interest for parties of the Solid Waste Interlocal Agreement. Examples of current dump fee waivers include debris from: County chain gang cleanups, Earth Day/Beach cleanups, Port Angeles and Sequim dump days, Adopt-a-Highway program, public property cleanups from illegal dumps, public housing debris removal, etc. The current ordinance does not address clean-up projects focused on private properties which are a significant problem in the county. The proposed ordinance amendment allows the City to establish payment plans or lien agreements to assist and incentivize private property cleanup projects. PW 0101 01 [Revised 10/2015] 08/01/2017 G - 1 The Clallam County government and the Clallam County Hoarding Task Force (a non-profit group not associated with County government) are working with private property owners who do not have the financial or physical resources to clean up their properties. These groups provide cleanup guidance, coordinate volunteer assistance and equipment, and provide limited financial assistance to remove accumulated garbage from the properties. Recycling is encouraged to the greatest extent possible to reduce waste going to the landfill, and produce income to further the cleanup effort. This ordinance modification allows the City, which operates the Regional landfill for the signatories of the Solid Waste Interlocal Agreement(Port Angeles, Sequim, and Clallam County), to create payment plans or establish property liens to encourage private property owners to address their solid waste accumulation issues. A recommendation was made to review whether this Private Property cleanup rate ordinance language would better fit under Ordinance Chapter 8.30 Health and Sanitation —Nuisances. Staff recommends the proposed ordinance for private property cleanup transfer station payments be keep under Chapter 13. The reasons of which are several fold: 1. Chapter 13 is County wide in nature, while Chapter 8 is focused solely on City rules and regulations regarding private property within the City. Chapter 8 does not, and cannot address private property cleanup regulations within other municipalities with the County. 2. Chapter 13 is focused on operation and financing of the Solid Waste Utility, while Chapter 8 is focused on City regulations. While Chapter 13 deals with transfer station payments and financing, the ordinance revision does not go into issues of whether a property is declared a nuisance or not, as that is the decision of the municipality in which the property resides. 3. Chapter 13.57.020 is focused on promoting voluntary and non-profit cleanup actions across the County. Chapter 8.30.080 does have a section for voluntary abatement within the City specifically. Under Chapter 8.30.080, any City driven voluntary correction agreement can refer to the proposed Regional Transfer Station utility payment options. The proposed ordinance revision was briefed to the Utility Advisory Committee on June 13, 2017. The UAC provided a recommendation to Council to proceed with this way forward. Funding Overview: Minimal impacts to the Solid Waste finances. Revenue recovery is delayed until sometime after the costs are incurred for processing private property garbage 08/01/2017 G - 2 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles,Washington,amending 13.57.020 regarding solid waste rates and cleanup of nuisance properties. WHEREAS, the City Council of the City of Port Angeles finds it to be in the best interests of the City to waive and/or reduce fees for solid waste rates in certain instances to encourage voluntary cleanup of nuisance property; and WHEREAS, the City Council of the City of Port Angeles wish to encourage non- profit organizations to provide support for the poor or infirm. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3243 as amended, and Port Angeles Municipal Code section 13.57.020 are amended add the following new section: G. The Director is hereby authorized to enter into payment plans and voluntary lien agreements with property owners participating _in (1) a local government voluntaryin (1) a local government voluntary nuisance abatement agreement or (2) a voluntary property clean up, in lieu of nuisance abatement, assisted by a nonprofit organization, such as the Clallam County Hoarding Task Force, Section 2 -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 3 - Severability. If any provisions of this Ordinance,or its application to any person or circumstances,are held invalid,the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. 1 08/01/2017 G - 3 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 (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 2017. Patrick Downie,Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Jennifer Veneklasen, City Clerk PUBLISHED: 12017 By Summary 2 08/01/2017 G - 4 FORT NGELES 1 WAS H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: DAN MCKEEN,CITY MANAGER SUBJECT: Approval of Cable Access Service Agreement with Peninsula Area Public Access (PAPA) Summary: On September 1, 2015, City Council designated PAPA as the cable access provider for the City, under the Cable Franchise Agreement. The contract with PAPA expires in December 2017. The proposed agreement extends the contract with PAPA for an additional five (5)years, and incorporates performance requirements within. Funding: N/A. The funding discussed in the City/PAPA Service Agreement originates from the cable provider(WAVE) as part of the Cable Franchise Agreement. Recommendation: Approve and authorize the City Manager to sign the City/PAPA Service Agreement to allow PAPA to utilize funding and cable channels authorized as part of the current Cable Franchise Agreement, and to make any minor modifications to the agreement, if necessary. Back2round/Analysis: Since November 2015, Peninsula Area Public Access (PAPA), a non- profit organization, has been the designated provider of PEG programming using the City's Cable channel allocations under the current Cable Franchise Agreement. The original contract expired on May 26, 2017. PAPA has been operating under a six month contract extension while a new cable television franchise agreement is being negotiated. Despite that short two years that PAPA has been in operation, PAPA has been very successful. Some accomplishments include: • Programming is shown 11 hours a day, 7 days a week • Broadcasting public meetings, forums, local sports, documentaries, and other programs of public interest. • Broadcasts are both locally produced and provided by other PEG television stations. • As a nonprofit organization, funding is from the local community. • Accomplishments are made through an all-volunteer staff and board of directors. Due to its hard work and the satisfaction with its services, the City wishes to extend its contract 08/01/2017 1 - 1 with PAPA for an additional five years. The attached service agreement incorporates performance requirements and outlines the roles and responsibilities of both the City and PAPA in regards to utilizing the Cable Franchise Agreement for broadcasting PEG programming, and operating a media center. Funding Overview: There are certain funding allocations outlined in the attached City/PAPA Service Agreement. These funding allocations are direct transfers from the Cable provider to the City, in turn to PAPA, as authorized in the current Cable Franchise Agreement for PEG programming. 08/01/2017 J - 2 CONTRACT BETWEEN THE CITY OF PORT ANGELES AND PENINSULA AREA PUBLIC ACCESS (PAPA) AGREEMENT This Agreement is made as of the date of the last signature affixed below, by and between the City Of Port Angeles (the "City"), and Peninsula Area Public Access ("PAPA"), a Washington nonprofit corporation, in consideration of the mutual promises and covenants set forth herein and the performances to be rendered, the parties recite, covenant, and agree as follows: SECTION 1. . RECITALS. 1. The City is currently negotiating a renewal of the franchise to Wave Division Holdings LLC ("Wave") to operate a cable television system in the City hereafter referred to as the "Franchise". 2. The City desires to provide support for the use of educational and governmental access cable channels provided pursuant to federal law, and in accordance with the Franchise. 3. The City anticipateds that the Franchise will provide that certain channel capacity and fiber links be made available to the City. Such channel capacity provided by the Franchise is hereafter referred to as the "Access Channels.". 4. The City anticipates that the Franchise will provide that certain payments and in-kind services be made by Wave for Access Channel capital equipment, facilities and operations in accordance with the Franchise . 5. The City has sselectsed PAPA as the nonprofit Designated Access Channel Manager(DACM)to operate and administer the Access Channels, facilities, services, and programming. 5. 1 08/01/2017 J - 3 6. PAPA has agreesd to serve the City by establishing and managing a Community Media Center and providing Access programming and services. SECTION 2. DESIGNATION OF DACM.. The City hereby designates and appoints PAPA to be the nonprofit Designated Access Channel Manager (DACM) to manage, operate, and administer the Access Channels, facilities, services and programming; and to receive from Wave the payments, resources, and services to be provided by the Wave to support Access Channel uses in accordance with the Franchise . SECTION 3. SCOPE OF SERVICES.. In exchange for the resources provided to it, PAPA shall provide the following services: A. OPERATE CABLE ACCESS CHANNEL(S). Operate and manage the cable Access Channel(s)for access programming purposes in a manner that is consistent with the Franchise, with the primary purpose being to manage, administer, coordinate, and assist those requesting access on a non-discriminatory basis. B. ESTABLISH AND OPERATE A COMMUNITY MEDIA CENTER. Establish, operate, and manage a media production facility and equipment, available for public use at such hours and times as are determined by PAPA. Access to equipment and facilities shall be open to all those who: (1) satisfactorily complete required training classes provided by PAPA; or(2) receive certification from PAPA, identifying an individual as having satisfied training requirements through other means. C. PROVIDE NONDISCRIMINATORY ACCESS. Provide access to the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all residents of the City for non-commercial programming purposes, whether individuals or organizations, pursuant 2 08/01/2017 J - 4 to operating rules promulgated by PAPA. D. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the Access Channel equipment, facilities, and channels. The policies and procedures shall be filed with the City and shall be provided to any resident of the City who requests them. E. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS. Administer the Access Channels and facilities in compliance with all applicable federal, state, and local laws, rules, regulations, and in compliance with the Cable Franchise Agreement. F. TRAINING. Train residents of the City who are members of PAPA and, when requested, employees of the City and local school or college employees, in the techniques of media production, and provide technical advice in the execution of productions. G. PLAYBACK/CABLECAST. Provide for the playback/cablecasting of programs on the Access Channels. PAPA shall cablecast an average of at least four (4) hours per day that is distinct and non-repetitive, five (5) days per week during any ten (10) week period. PAPA shall not edit, revise, or condense any programming provided to it by an educational or governmental entity; and if PAPA purports to broadcast a meeting of a governmental entity or agency, it shall broadcast the entire meeting without interruption or alteration. H. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement and/or donated, loaned, or leased to PAPA by the City. 3 08/01/2017 1 - 5 I. SPECIAL NEEDS GROUPS. Support special needs groups in program production through training and other means. J. PROMOTION. Actively promote the use and benefits of the Access Channels and facilities to cable subscribers, the public, Access Channel users, and Wave. K. OTHER ACTIVITIES. Undertake other Access Channel programming activities and services as deemed appropriate by PAPA and consistent with the obligation to facilitate and promote Access programming and provide non-discriminatory access. SECTION 4. PUBLIC ACCESS CHANNELS OPEN TO PUBLIC.: PAPA agrees to keep the Access Channel(s) open to all potential users regardless of their viewpoint, subject the Cable Franchise Agreement, FCC regulations and other relevant laws. Neither the City, Wave, nor PAPA shall have the authority to control the content of programming placed on the Access Channel(s) so long as such programming is lawful. PAPA, the City, or Wave, each in its sole discretion, may produce or sponsor programming; underwrite programming; or engage in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of the channel(s). PAPA may develop and enforce policies and procedures that are designed to promote local use of the channel(s) and make programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of Access Channels, equipment and facilities. SECTION 5. INDEMNIFICATION. PAPA shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or 4 08/01/2017 J - 6 accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of PAPA, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. PAPA shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from PAPA use of channels, funds, equipment, facilities or staff granted under this Agreement or franchise agreements between the City and WAVE. The City shall indemnify, defend, and hold harmless PAPA, its officers, agents and employees from and against any and all claims, losses, liabilities, or damage including payment of reasonable attorneys' fees arising out of or resulting from the City's sole negligence in the performance of this Agreement. SECTION 6. COPYRIGHT CLEARANCE. Before cablecasting any program material, PAPA shall require all users (i.e. video content producers) to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit their program material over the Access Channels that are operated and managed by PAPA. PAPA shall maintain copies of all such user agreements for inspection by the City, upon reasonable notice, and for the term of the applicable statute of limitations. SECTION 7. COPYRIGHT AND OWNERSHIP. PAPA shall own the copyright of any programs that it may choose from time to time to produce. Copyright of 5 08/01/2017 J - 7 programming produced by other parties shall be held by the persons who produced said programming. SECTION 8. DISTRIBUTION RIGHTS. PAPA shall require that all programs produced with funds, equipment, facilities, or staff made available to it pursuant to this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the Access Channel operating policies and procedures. SECTION 9. EQUIPMENT AND FACILITIES. A. PAPA shall be responsible for maintenance of all equipment and facilities donated, leased or loaned to it pursuant to this Agreement or purchased with funds made available to it pursuant to this Agreement. B. PAPA, as a corporation, and no one else, shall be the owner of all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement. Upon expiration, termination, or non-renewal of this Agreement, all equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the City. PAPA shall convey all such assets to the City in the manner determined by the City, which shall ensure that all such equipment or facilities shall be used for Access Channel purposes. To secure all of its obligations under this Agreement, PAPA hereby grants to the City a security interest in the assets and interests owned or hereafter acquired by PAPA with funds made available to it pursuant to this Agreement, and the proceeds thereof, including but not limited to PAPA deposit accounts, inventory, and all equipment and fixtures acquired with funds made available to it pursuant to this Agreement. PAPA agrees to take all steps reasonably requested by the City to perfect and enforce the security interest of the City, including the 6 08/01/2017 J - 8 execution and processing of financing statements and continuation statements under the Washington Uniform Commercial Code. PAPA will also notify any institution with which it now or hereafter maintains any deposit account of the existence of a security interest by the City in the account. The City agrees to subordinate its interest if reasonably necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that PAPA might wish to finance. C. Upon the dissolution of PAPA, it shall, subject to the approval of the City, transfer all assets of PAPA representing equipment and facilities made available to it pursuant to this Agreement, and/or the proceeds of either to the City, or at the option of the City, to such organization or organizations, which shall at the time qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any superseding law), designated by the City to manage the Access Channels. SECTION 10. INSURANCE. PAPA shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by PAPA. A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non- owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; and (2) property damage, $1,000,000 for each occurrence and aggregate. 7 08/01/2017 J - 9 B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire, and natural catastrophe. The City shall be shown as lien holders on all policies. 8 08/01/2017 1 - 10 C. WORKERS'COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by Washington law with an insurance carrier] in good standing with the State of Washington.. [a] D. CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance shall be maintained to cover the content of productions that are cablecast on the Access channels in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual Access Channel producers. E. CITY AS CO-INSURED OR ADDITIONAL INSURED. All City shall be named as co-insured or additional insured on all aforementioned insurance policies. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or PAPA without first giving each of the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, their officers, agents, employees, or volunteers shall be in excess of PAPA's insurance and shall not contribute to it. F. NOTIFICATION OF COVERAGE. PAPA shall file with the City proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation upon commencement of the employment of the Executive Director; (2) equipment insurance upon the acquisition of any equipment; and (3) cablecaster's errors and omissions insurance within thirty (30) days of the commencement of cablecasting of programming from a Community Media Center. SECTION 11. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. A. PAPA shall not discriminate against any person, employee or applicant 9 08/01/2017 J - 11 for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. B. PAPA shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. SECTION 12. INDEPENDENT CONTRACTOR. It is understood and agreed that PAPA is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PAPA. If in the performance of this Agreement any third persons are employed by PAPA, such persons shall be entirely and exclusively under the control, direction and supervision of PAPA. As to PAPA's employees, all terms of employment, including hours, wages, employee benefits, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by PAPA and the City shall have no right or authority over such persons or terms of employment. SECTION 13. ASSIGNMENT OR TRANSFER. Neither this Agreement nor any interest herein shall be assigned or transferred by PAPA, except as expressly authorized in writing by the City. SECTION 14. ANNUAL REPORTS. Prior to April 15 of each year, PAPA shall submit to the City an annual report regarding its activities during the preceding fiscal year (January 1 - December 31). This report shall contain, at a minimum, the following information: A. Statistics on programming and services provided as proposed by the plan in Section 17; B. Current and complete listing of PAPA's Board of Directors; and C. Year-end financial statements reviewed by an independent certified public accountant or another similarly qualified individual as determined by the City Manager.. 10 08/01/2017 J - 12 SECTION 15. RECORDS, FISCAL AUDIT. A. PAPA shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. Upon request from the City, PAPA shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. C. PAPA shall prepare (or have prepared) and submit to the City a fiscal audit by an independent certified public accountant public accountant or another similarly qualified individual as determined by the City Manager, at the expiry of this Agreement. SECTION 16. FUNDING AND OTHER RESOURCES. The City agrees to make the following funds and resources available to PAPA: A. Funds and Resources from Wave. 1. In accordance with the Franchise the City anticipates that Wave may dedicated certain channel capacity (spectrum on the cable system) for Access Channel use. The City hereby designates PAPA to manage that channel capacity for PEG access programming purposes, if granted. 2. , In accordance with the Franchise, the City anticipates that Wave may agreed to provide certain Access Channel Links (video feeds) and Headend links and associated equipment. The City hereby designates PAPA to receive and manage these resources for Access Channel network purposes, if granted. 3. In accordance with the Franchise, the City anticipates that Wave may dedicate certain other resources and in-kind support for Access Channel. The City hereby designates PAPA to receive and utilize all such resources and in-kind support for Access Channel 11 08/01/2017 J - 13 purposes, if granted. 4. In accordance with the Franchise , Wave may provide the following grants in support of Access Channel which the City herby designates PAPA to receive and utilize for Access Channel purposes, if granted: (a) Funds for Access Channel production facilities, and equipment. (b) An annual operation contribution to support the adequate operation of the Access Channel.(s).. 5. The City shall transfer to PAPA all funds received from Wave for Access Channel purposes. The City shall transfer those funds to PAPA within 20 days after receipt from Wave.. . PAPA shall utilize such funds for the purposes delineated in this Agreement and the Cable Franchise Agreement. SECTION 17. ANNUAL PLAN AND BUDGET. In addition to the report required by Section 14, on or before September 30 of each year in which this Agreement is in effect, PAPA shall provide to the City an "Annual Plan and Budget" outlining activities and programs planned for the following fiscal year. Such plan shall contain- 1. ontain:1. A statement of the anticipated number of hours of Access Channel programming to be cablecast; 2. Training classes to be offered and frequency of classes; 3. Other Access Channel activities planned by PAPA; and 4. A detailed operating and capital equipment and facilities budget. SECTION 18. EXPENDITURE OF FUNDS. PAPA shall spend funds received 12 08/01/2017 J - 14 pursuant to this Agreement and the Cable Franchise for the purposes listed in its Annual Plan and Budget and Section 1 ("Scope of Services") of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by PAPA into succeeding years. Upon termination of this Agreement all funds of any kind received pursuant to this Agreement and not expended by PAPA shall be returned to the City, in proportion to the amounts previously provided by the City. All such returned funds shall be used by the City for Access Channel purposes. PAPA shall provide for such fiscal control and accounting procedures as are necessary to assure proper disbursement and accounting for funds received from the City. SECTION 19. FUNDING FROM OTHER SOURCES. PAPA may, during the course of this Agreement, receive supplemental funds from other sources, including but not limited to fundraising activities. SECTION 20. TERM OF AGREEMENT. This Agreement shall be for five years commencing on the date of the last signature affixed below . . This Agreement may be renegotiated, for additional periods upon establishment of, and in accordance with, a new Cable Franchise. SECTION 21. SUBSEQUENT AGREEMENT. The Parties recognize that the City may enter into a subsequent agreement that replaces this Agreement after a new franchise is executed with Wave. If so, in selecting the contractor to manage access channels in the subsequent agreement, the City shall consider PAPA's demonstrated quality in the performance of Agreement. SECTION 212. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. A. The City shall have the right upon one hundred twenty(120)days written notice to PAPA to terminate this Agreement for- 1. or:1. Material breach of any provision of this Agreement by PAPA, 13 08/01/2017 1 - 15 including, but not limited to, failing to file the reports required by Sections 14 or 17 or providing the programming required in Section 3(G); 2. Malfeasance, misfeasance, misappropriation of funds; or 3. Loss of 501(c)(3) status by PAPA or revocation or suspension of its Articles of Incorporation by the State of Washington. B. PAPA may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) days of notification or within a time frame agreed to by the City and PAPA. The City may also terminate this Agreement at the expiration of its term, or any extension thereof. C. Upon termination of this Agreement, PAPA shall immediately transfer to the City all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by PAPA with funds received pursuant to this Agreement. All such transferred items shall be used by the City for Access Channel purposes. SECTION 223. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 234. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of Washington. SECTION 245. NOTICES. Wherever this Agreement requires notice to be given to or a filing to be made with the City, such notice or filing shall be given to the City. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: 14 08/01/2017 J - 16 To the City: City Manager City of Port Angeles 321 E. 5th St. Port Angeles, WA 98362 TTo Peninsula Area Public Access: Any party may change its address by written notice to the other parties at any time. SECTION 256. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY PENINSULA AREA PUBLIC ACCESS, a Washington nonprofit corporation City Manager, City of Port Angeles President, Board of Directors Date Date 15 08/01/2017 J - 17 CONTRACT BETWEEN THE CITY OF PORT ANGELES AND PENINSULA AREA PUBLIC ACCESS (PAPA) AGREEMENT This Agreement is made as of the date of the last signature affixed below, by and between the City Of Port Angeles (the "City"), and Peninsula Area Public Access ("PAPA"), a Washington nonprofit corporation, in consideration of the mutual promises and covenants set forth herein and the performances to be rendered, the parties recite, covenant, and agree as follows: SECTION 1 . RECITALS. 1 . The City is currently negotiating a renewal of the franchise to Wave Division Holdings LLC ("Wave") to operate a cable television system in the City hereafter referred to as the "Franchise". 2. The City desires to provide support for the use of educational and governmental access cable channels provided pursuant to federal law, and in accordance with the Franchise. 3. The City anticipates the Franchise will provide that certain channel capacity and fiber links be made available to the City. Such channel capacity provided by the Franchise is hereafter referred to as the "Access Channel". 4. The City anticipates the Franchise will provide that certain payments and in-kind services be made by Wave for Access Channel capital equipment, facilities and operations in accordance with the Franchise. 5. The City selects PAPA as the nonprofit Designated Access Channel Manager (DACM) to operate and administer the Access Channel, facilities, services, and programming. 6. PAPA agrees to serve the City by establishing and managing a Community Media Center and providing Access programming and services. 1 SECTION 2. DESIGNATION OF DACM. The City hereby designates and appoints PAPA to be the nonprofit Designated Access Channel Manager (DACM) to manage, operate, and administer the Access Channel, facilities, services and programming; and to receive from Wave the payments, resources, and services to be provided by Wave to support Access Channel uses in accordance with the Franchise. SECTION 3. SCOPE OF SERVICES. In exchange for the resources provided to it, PAPA shall provide the following services: A. OPERATE CABLE ACCESS CHANNEL. Operate and manage the cable Access Channel for access programming purposes in a manner that is consistent with the Franchise, with the primary purpose being to manage, administer, coordinate, and assist those requesting access on a non- discriminatory basis. B. ESTABLISH AND OPERATE A COMMUNITY MEDIA CENTER. Establish, operate, and manage a media production facility and equipment, available for public use at such hours and times as are determined by PAPA. Access to equipment and facilities shall be open to all those who: (1) satisfactorily complete required training classes provided by PAPA; or (2) receive certification from PAPA, identifying an individual as having satisfied training requirements through other means. C. PROVIDE NONDISCRIMINATORY ACCESS. Provide access to the equipment, facilities, channels, and services provided hereunder on a non- discriminatory basis to all residents of the City for non-commercial programming purposes, whether individuals or organizations, pursuant to operating rules promulgated by PAPA. D. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the Access Channel equipment, facilities, and channels. The policies and procedures shall be filed with the City and shall be provided to any resident of the City who requests them. 2 E. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS. Administer the Access Channel and facilities in compliance with all applicable federal, state, and local laws, rules, regulations, and in compliance with the Cable Franchise Agreement. F. TRAINING. Train residents of the City who are members of PAPA and, when requested, employees of the City and local school or college employees, in the techniques of media production, and provide technical advice in the execution of productions. G. PLAYBACK/CABLECAST. Provide for the playback/cablecasting of programs on the Access Channel. PAPA shall cablecast an average of at least four (4) hours per day that is distinct and non-repetitive, five (5) days per week during any ten (10) week period. PAPA shall not edit, revise, or condense any programming provided to it by an educational or governmental entity; and if PAPA purports to broadcast a meeting of a governmental entity or agency, it shall broadcast the entire meeting without interruption or alteration. H. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement and/or donated, loaned, or leased to PAPA by the City. I. SPECIAL NEEDS GROUPS. Support special needs groups in program production through training and other means. J. PROMOTION. Actively promote the use and benefits of the Access Channel and facilities to cable subscribers, the public, Access Channel users, and Wave. K. OTHER ACTIVITIES. Undertake other Access Channel programming activities and services as deemed appropriate by PAPA and consistent with the obligation to facilitate and promote Access programming and provide non- discriminatory access. 3 SECTION 4. PUBLIC ACCESS CHANNEL OPEN TO PUBLIC. PAPA agrees to keep the Access Channel open to all potential users regardless of their viewpoint, subject the Cable Franchise Agreement, FCC regulations and other relevant laws. Neither the City, Wave, nor PAPA shall have the authority to control the content of programming placed on the Access Channel so long as such programming is lawful. PAPA, the City, or Wave, each in its sole discretion, may produce or sponsor programming; underwrite programming; or engage in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of the channel(s). PAPA may develop and enforce policies and procedures that are designed to promote local use of the channel(s) and make programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of Access Channel, equipment and facilities. SECTION 5. INDEMNIFICATION. PAPA shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of PAPA, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. PAPA shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from PAPA use of channels, funds, equipment, facilities or staff granted under this Agreement or franchise agreements between the City and WAVE. 4 The City shall indemnify, defend, and hold harmless PAPA, its officers, agents and employees from and against any and all claims, losses, liabilities, or damage including payment of reasonable attorneys' fees arising out of or resulting from the City's sole negligence in the performance of this Agreement. SECTION 6. COPYRIGHT CLEARANCE. Before cablecasting any program material, PAPA shall require all users (i.e. video content producers) to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit their program material over the Access Channel that are operated and managed by PAPA. PAPA shall maintain copies of all such user agreements for inspection by the City, upon reasonable notice, and for the term of the applicable statute of limitations. SECTION 7. COPYRIGHT AND OWNERSHIP. PAPA shall own the copyright of any programs that it may choose from time to time to produce. Copyright of programming produced by other parties shall be held by the persons who produced said programming. SECTION 8. DISTRIBUTION RIGHTS. PAPA shall require that all programs produced with funds, equipment, facilities, or staff made available to it pursuant to this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the Access Channel operating policies and procedures. SECTION 9. EQUIPMENT AND FACILITIES. A. PAPA shall be responsible for maintenance of all equipment and facilities donated, leased or loaned to it pursuant to this Agreement or purchased with funds made available to it pursuant to this Agreement. 5 B. PAPA, as a corporation, and no one else, shall be the owner of all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement. Upon expiration, termination, or non-renewal of this Agreement, all equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the City. PAPA shall convey all such assets to the City in the manner determined by the City, which shall ensure that all such equipment or facilities shall be used for Access Channel purposes. To secure all of its obligations under this Agreement, PAPA hereby grants to the City a security interest in the assets and interests owned or hereafter acquired by PAPA with funds made available to it pursuant to this Agreement, and the proceeds thereof, including but not limited to PAPA deposit accounts, inventory, and all equipment and fixtures acquired with funds made available to it pursuant to this Agreement. PAPA agrees to take all steps reasonably requested by the City to perfect and enforce the security interest of the City, including the execution and processing of financing statements and continuation statements under the Washington Uniform Commercial Code. PAPA will also notify any institution with which it now or hereafter maintains any deposit account of the existence of a security interest by the City in the account. The City agrees to subordinate its interest if reasonably necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that PAPA might wish to finance. C. Upon the dissolution of PAPA, it shall, subject to the approval of the City, transfer all assets of PAPA representing equipment and facilities made available to it pursuant to this Agreement, and/or the proceeds of either to the City, or at the option of the City, to such organization or organizations, which shall at the time qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any superseding law), designated by the City to manage the Access Channel. 6 SECTION 10. INSURANCE. PAPA shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by PAPA. A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1 ,000,000 for each person, each occurrence and aggregate; and (2) property damage, $1 ,000,000 for each occurrence and aggregate. B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire, and natural catastrophe. The City shall be shown as lien holders on all policies. C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by Washington law with an insurance carrier in good standing with the State of Washingtoi . D. CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance shall be maintained to cover the content of productions that are cablecast on the Access channel in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual Access Channel producers. E. CITYAS CO-INSURED OR ADDITIONAL INSURED. The City shall be named as co-insured or additional insured on all aforementioned insurance policies. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or PAPA without first giving each of the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, their officers, agents, employees, or volunteers shall be in excess of PAPA's insurance and shall not contribute to it. F. NOTIFICATION OF COVERAGE. PAPA shall file with the City proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation upon commencement of the employment of the Executive Director; (2) equipment insurance upon the acquisition of any equipment; and (3) cablecaster's errors and omissions insurance within thirty (30) days of the commencement of cablecasting of programming from a Community Media Center. SECTION 11 . NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. A. PAPA shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. B. PAPA shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. SECTION 12. INDEPENDENT CONTRACTOR. It is understood and agreed that PAPA is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PAPA. If in the performance of this Agreement any third persons are employed by PAPA, such persons shall be entirely and exclusively under the control, direction and supervision of PAPA. As to PAPA's employees, all terms of employment, including hours, wages, employee benefits, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by PAPA and the City shall have no right or authority over such persons or terms of employment. SECTION 13. ASSIGNMENT OR TRANSFER. Neither this Agreement nor any interest herein shall be assigned or transferred by PAPA, except as expressly authorized in writing by the City. SECTION 14. ANNUAL REPORTS. Prior to April 15 of each year, PAPA shall submit to the City an annual report regarding its activities during the preceding fiscal year (January 1 - December 31). This report shall contain, at a minimum, the following information: A. Statistics on programming and services provided as proposed by the plan in Section 17; B. Current and complete listing of PAPA's Board of Directors; and C. Year-end financial statements reviewed by an independent certified public accountant or another similarly qualified individual as determined by the City Manager. SECTION 15. RECORDS, FISCAL AUDIT. A. PAPA shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. Upon request from the City, PAPA shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. C. PAPA shall prepare (or have prepared) and submit to the City a fiscal audit by an independent certified public accountant P6119IOG aGGG�n or another similarly qualified individual as determined by the City Manager, at the expiry of this Agreement. SECTION 16. FUNDING AND OTHER RESOURCES. The City agrees to make the following funds and resources available to PAPA: A. Funds and Resources from Wave. 1 . In accordance with the Franchise the City anticipates that Wave may 9 dedicate certain channel capacity (spectrum on the cable system) for Access Channel use. The City hereby designates PAPA to manage that channel capacity for PEG access programming purposes, if granted. 2. In accordance with the Franchise, the City anticipates that Wave may agree to provide certain Access Channel Links (video feeds) and Headend links and associated equipment. The City hereby designates PAPA to receive and manage these resources for Access Channel network purposes, if granted. 3. In accordance with the Franchise, the City anticipates that Wave may dedicate certain other resources and in-kind support for Access Channel. The City hereby designates PAPA to receive and utilize all such resources and in-kind support for Access Channel purposes, if granted. 4. In accordance with the Franchise, Wave may provide the following grants in support of Access Channel which the City herby designates PAPA to receive and utilize for Access Channel purposes, if granted: (a) Funds for Access Channel production facilities, and equipment. (b) An annual operation contribution to support the adequate operation of the Access Channel. 5. The City shall transfer to PAPA all funds received from Wave for Access Channel purposes. The City shall transfer those funds to PAPA within 20 days after receipt from Wave. PAPA shall utilize such funds for the purposes delineated in this Agreement and the Cable Franchise Agreement. SECTION 17. ANNUAL PLAN AND BUDGET. In addition to the report required by Section 14, on or before September 30 of each year in which this Agreement is in effect, PAPA shall provide to the City an "Annual Plan and Budget" outlining activities and 10 programs planned for the following fiscal year. Such plan shall contain: 1 . A statement of the anticipated number of hours of Access Channel programming to be cablecast; 2. Training classes to be offered and frequency of classes; 3. Other Access Channel activities planned by PAPA; and 4. A detailed operating and capital equipment and facilities budget. SECTION 18. EXPENDITURE OF FUNDS. PAPA shall spend funds received pursuant to this Agreement and the Cable Franchise for the purposes listed in its Annual Plan and Budget and Section 1 ("Scope of Services") of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by PAPA into succeeding years. Upon termination of this Agreement all funds of any kind received pursuant to this Agreement and not expended by PAPA shall be returned to the City, in proportion to the amounts previously provided by the City. All such returned funds shall be used by the City for Access Channel purposes. PAPA shall provide for such fiscal control and accounting procedures as are necessary to assure proper disbursement and accounting for funds received from the City. SECTION 19. FUNDING FROM OTHER SOURCES. PAPA may, during the course of this Agreement, receive supplemental funds from other sources, including but not limited to fundraising activities. SECTION 20. TERM OF AGREEMENT. This Agreement shall be for five years commencing on the date of the last signature affixed below. This Agreement may be renegotiated, for additional periods upon establishment of, and in accordance with, a new Cable Franchise. SEGTION 21 SUBSEQUENT AGREEMENT. Tho RaPtieS Fe gRiZe t the City may �rrv'rrzT �rvr��. rric-r-�rcrcTrc��nz� � �--mup 11 subsequent agreement, the Gity shall rUensider RAPA's; dernGnstrated quality on t4a PeFfGFFnaRGe of / gFeemon4 SECTION 21 . TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. A. The City shall have the right upon one hundred twenty (120) days written notice to PAPA to terminate this Agreement for: 1 . Material breach of any provision of this Agreement by PAPA, including, but not limited to, failing to file the reports required by Sections 14 or 17 or providing the programming required in Section 3(G); 2. Malfeasance, misfeasance, misappropriation of funds; or 3. Loss of 501(c)(3) status by PAPA or revocation or suspension of its Articles of Incorporation by the State of Washington. B. PAPA may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) days of notification or within a time frame agreed to by the City and PAPA. The City may also terminate this Agreement at the expiration of its term, or any extension thereof. C. Upon termination of this Agreement, PAPA shall immediately transfer to the City all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets FeGeiVed by „r purchased Jr partially purchased by PAPA with funds received pursuant to this Agreement. All such transferred items shall be used by the City for Access Channel purposes. SECTION 22 . COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 23 APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of Washington. SECTION 24 NOTICES. Wherever this Agreement requires notice to be given to or a filing to be made with the City, such notice or filing shall be given to the City. All notices 12 and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To the City: City Manager City of Port Angeles 321 E. 5t" St. Port Angeles, WA 98362 To Peninsula Area Public Access: Any party may change its address by written notice to the other parties at any time. SECTION 25 . ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY PENINSULA AREA PUBLIC ACCESS, a Washington nonprofit corporation City Manager, City of Port Angeles President, Board of Directors Date Date 13 CONTRACT BETWEEN THE CITY OF PORT ANGELES AND PENINSULA AREA PUBLIC ACCESS (PAPA) AGREEMENT This Agreement is made as of the date of the last signature affixed below, by and between the City Of Port Angeles (the "City"), and Peninsula Area Public Access ("PAPA"), a Washington nonprofit corporation, in consideration of the mutual promises and covenants set forth herein and the performances to be rendered, the parties recite, covenant, and agree as follows: SECTION 1 . RECITALS. 1 . The City is currently negotiating a renewal of the franchise to Wave Division Holdings LLC ("Wave") to operate a cable television system in the City hereafter referred to as the "Franchise". 2. The City desires to provide support for the use of educational and governmental access cable channels provided pursuant to federal law, and in accordance with the Franchise. 3. The City anticipates the Franchise will provide that certain channel capacity and fiber links be made available to the City. Such channel capacity provided by the Franchise is hereafter referred to as the "Access Channel". 4. The City anticipates the Franchise will provide that certain payments and in-kind services be made by Wave for Access Channel capital equipment, facilities and operations in accordance with the Franchise. 5. The City selects PAPA as the nonprofit Designated Access Channel Manager (DACM) to operate and administer the Access Channel, facilities, services, and programming. 6. PAPA agrees to serve the City by establishing and managing a Community Media Center and providing Access programming and services. 1 SECTION 2. DESIGNATION OF DACM. The City hereby designates and appoints PAPA to be the nonprofit Designated Access Channel Manager (DACM) to manage, operate, and administer the Access Channel, facilities, services and programming; and to receive from Wave the payments, resources, and services to be provided by Wave to support Access Channel uses in accordance with the Franchise. SECTION 3. SCOPE OF SERVICES. In exchange for the resources provided to it, PAPA shall provide the following services: A. OPERATE CABLE ACCESS CHANNEL. Operate and manage the cable Access Channel for access programming purposes in a manner that is consistent with the Franchise, with the primary purpose being to manage, administer, coordinate, and assist those requesting access on a non- discriminatory basis. B. ESTABLISH AND OPERATE A COMMUNITY MEDIA CENTER. Establish, operate, and manage a media production facility and equipment, available for public use at such hours and times as are determined by PAPA. Access to equipment and facilities shall be open to all those who: (1) satisfactorily complete required training classes provided by PAPA; or (2) receive certification from PAPA, identifying an individual as having satisfied training requirements through other means. C. PROVIDE NONDISCRIMINATORY ACCESS. Provide access to the equipment, facilities, channels, and services provided hereunder on a non- discriminatory basis to all residents of the City for non-commercial programming purposes, whether individuals or organizations, pursuant to operating rules promulgated by PAPA. D. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the Access Channel equipment, facilities, and channels. The policies and procedures shall be filed with the City and shall be provided to any resident of the City who requests them. 2 E. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS. Administer the Access Channel and facilities in compliance with all applicable federal, state, and local laws, rules, regulations, and in compliance with the Cable Franchise Agreement. F. TRAINING. Train residents of the City who are members of PAPA and, when requested, employees of the City and local school or college employees, in the techniques of media production, and provide technical advice in the execution of productions. G. PLAYBACK/CABLECAST. Provide for the playback/cablecasting of programs on the Access Channel. PAPA shall cablecast an average of at least four (4) hours per day that is distinct and non-repetitive, five (5) days per week during any ten (10) week period. PAPA shall not edit, revise, or condense any programming provided to it by an educational or governmental entity; and if PAPA purports to broadcast a meeting of a governmental entity or agency, it shall broadcast the entire meeting without interruption or alteration. H. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement and/or donated, loaned, or leased to PAPA by the City. I. SPECIAL NEEDS GROUPS. Support special needs groups in program production through training and other means. J. PROMOTION. Actively promote the use and benefits of the Access Channel and facilities to cable subscribers, the public, Access Channel users, and Wave. K. OTHER ACTIVITIES. Undertake other Access Channel programming activities and services as deemed appropriate by PAPA and consistent with the obligation to facilitate and promote Access programming and provide non- discriminatory access. 3 SECTION 4. PUBLIC ACCESS CHANNEL OPEN TO PUBLIC. PAPA agrees to keep the Access Channel open to all potential users regardless of their viewpoint, subject the Cable Franchise Agreement, FCC regulations and other relevant laws. Neither the City, Wave, nor PAPA shall have the authority to control the content of programming placed on the Access Channel so long as such programming is lawful. PAPA, the City, or Wave, each in its sole discretion, may produce or sponsor programming; underwrite programming; or engage in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of the channel(s). PAPA may develop and enforce policies and procedures that are designed to promote local use of the channel(s) and make programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of Access Channel, equipment and facilities. SECTION 5. INDEMNIFICATION. PAPA shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of PAPA, its officers, employees, agents or subcontractors arising out of or resulting from the performance of this Agreement. PAPA shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from PAPA use of channels, funds, equipment, facilities or staff granted under this Agreement or franchise agreements between the City and WAVE. 4 The City shall indemnify, defend, and hold harmless PAPA, its officers, agents and employees from and against any and all claims, losses, liabilities, or damage including payment of reasonable attorneys' fees arising out of or resulting from the City's sole negligence in the performance of this Agreement. SECTION 6. COPYRIGHT CLEARANCE. Before cablecasting any program material, PAPA shall require all users (i.e. video content producers) to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit their program material over the Access Channel that are operated and managed by PAPA. PAPA shall maintain copies of all such user agreements for inspection by the City, upon reasonable notice, and for the term of the applicable statute of limitations. SECTION 7. COPYRIGHT AND OWNERSHIP. PAPA shall own the copyright of any programs that it may choose from time to time to produce. Copyright of programming produced by other parties shall be held by the persons who produced said programming. SECTION 8. DISTRIBUTION RIGHTS. PAPA shall require that all programs produced with funds, equipment, facilities, or staff made available to it pursuant to this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the Access Channel operating policies and procedures. SECTION 9. EQUIPMENT AND FACILITIES. A. PAPA shall be responsible for maintenance of all equipment and facilities donated, leased or loaned to it pursuant to this Agreement or purchased with funds made available to it pursuant to this Agreement. 5 B. PAPA, as a corporation, and no one else, shall be the owner of all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement. Upon expiration, termination, or non-renewal of this Agreement, all equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the City. PAPA shall convey all such assets to the City in the manner determined by the City, which shall ensure that all such equipment or facilities shall be used for Access Channel purposes. To secure all of its obligations under this Agreement, PAPA hereby grants to the City a security interest in the assets and interests owned or hereafter acquired by PAPA with funds made available to it pursuant to this Agreement, and the proceeds thereof, including but not limited to PAPA deposit accounts, inventory, and all equipment and fixtures acquired with funds made available to it pursuant to this Agreement. PAPA agrees to take all steps reasonably requested by the City to perfect and enforce the security interest of the City, including the execution and processing of financing statements and continuation statements under the Washington Uniform Commercial Code. PAPA will also notify any institution with which it now or hereafter maintains any deposit account of the existence of a security interest by the City in the account. The City agrees to subordinate its interest if reasonably necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that PAPA might wish to finance. C. Upon the dissolution of PAPA, it shall, subject to the approval of the City, transfer all assets of PAPA representing equipment and facilities made available to it pursuant to this Agreement, and/or the proceeds of either to the City, or at the option of the City, to such organization or organizations, which shall at the time qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any superseding law), designated by the City to manage the Access Channel. 6 SECTION 10. INSURANCE. PAPA shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by PAPA. A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1 ,000,000 for each person, each occurrence and aggregate; and (2) property damage, $1 ,000,000 for each occurrence and aggregate. B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire, and natural catastrophe. The City shall be shown as lien holders on all policies. C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by Washington law with an insurance carrier in good standing with the State of Washington. D. CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance shall be maintained to cover the content of productions that are cablecast on the Access channel in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual Access Channel producers. E. CITYAS CO-INSURED OR ADDITIONAL INSURED. The City shall be named as co-insured or additional insured on all aforementioned insurance policies. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or PAPA without first giving each of the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, their officers, agents, employees, or volunteers shall be in excess of PAPA's insurance and shall not contribute to it. F. NOTIFICATION OF COVERAGE. PAPA shall file with the City proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation upon commencement of the employment of the Executive Director; (2) equipment insurance upon the acquisition of any equipment; and (3) cablecaster's errors and omissions insurance within thirty (30) days of the commencement of cablecasting of programming from a Community Media Center. SECTION 11 . NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. A. PAPA shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. B. PAPA shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. SECTION 12. INDEPENDENT CONTRACTOR. It is understood and agreed that PAPA is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PAPA. If in the performance of this Agreement any third persons are employed by PAPA, such persons shall be entirely and exclusively under the control, direction and supervision of PAPA. As to PAPA's employees, all terms of employment, including hours, wages, employee benefits, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by PAPA and the City shall have no right or authority over such persons or terms of employment. SECTION 13. ASSIGNMENT OR TRANSFER. Neither this Agreement nor any interest herein shall be assigned or transferred by PAPA, except as expressly authorized in writing by the City. SECTION 14. ANNUAL REPORTS. Prior to April 15 of each year, PAPA shall submit to the City an annual report regarding its activities during the preceding fiscal year (January 1 - December 31). This report shall contain, at a minimum, the following information: A. Statistics on programming and services provided as proposed by the plan in Section 17; B. Current and complete listing of PAPA's Board of Directors; and C. Year-end financial statements reviewed by an independent certified public accountant or another similarly qualified individual as determined by the City Manager. SECTION 15. RECORDS, FISCAL AUDIT. A. PAPA shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. Upon request from the City, PAPA shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. C. PAPA shall prepare (or have prepared) and submit to the City a fiscal audit by an independent certified public accountant or another similarly qualified individual as determined by the City Manager, at the expiry of this Agreement. SECTION 16. FUNDING AND OTHER RESOURCES. The City agrees to make the following funds and resources available to PAPA: A. Funds and Resources from Wave. 1 . In accordance with the Franchise the City anticipates that Wave may dedicate certain channel capacity (spectrum on the cable system) for 9 Access Channel use. The City hereby designates PAPA to manage that channel capacity for PEG access programming purposes, if granted. 2. In accordance with the Franchise, the City anticipates that Wave may agree to provide certain Access Channel Links (video feeds) and Headend links and associated equipment. The City hereby designates PAPA to receive and manage these resources for Access Channel network purposes, if granted. 3. In accordance with the Franchise, the City anticipates that Wave may dedicate certain other resources and in-kind support for Access Channel. The City hereby designates PAPA to receive and utilize all such resources and in-kind support for Access Channel purposes, if granted. 4. In accordance with the Franchise, Wave may provide the following grants in support of Access Channel which the City herby designates PAPA to receive and utilize for Access Channel purposes, if granted: (a) Funds for Access Channel production facilities, and equipment. (b) An annual operation contribution to support the adequate operation of the Access Channel. 5. The City shall transfer to PAPA all funds received from Wave for Access Channel purposes. The City shall transfer those funds to PAPA within 20 days after receipt from Wave. PAPA shall utilize such funds for the purposes delineated in this Agreement and the Cable Franchise Agreement. SECTION 17. ANNUAL PLAN AND BUDGET. In addition to the report required by Section 14, on or before September 30 of each year in which this Agreement is in effect, PAPA shall provide to the City an "Annual Plan and Budget" outlining activities and programs planned for the following fiscal year. Such plan shall contain: 10 1 . A statement of the anticipated number of hours of Access Channel programming to be cablecast; 2. Training classes to be offered and frequency of classes; 3. Other Access Channel activities planned by PAPA; and 4. A detailed operating and capital equipment and facilities budget. SECTION 18. EXPENDITURE OF FUNDS. PAPA shall spend funds received pursuant to this Agreement and the Cable Franchise for the purposes listed in its Annual Plan and Budget and Section 1 ("Scope of Services") of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by PAPA into succeeding years. Upon termination of this Agreement all funds of any kind received pursuant to this Agreement and not expended by PAPA shall be returned to the City, in proportion to the amounts previously provided by the City. All such returned funds shall be used by the City for Access Channel purposes. PAPA shall provide for such fiscal control and accounting procedures as are necessary to assure proper disbursement and accounting for funds received from the City. SECTION 19. FUNDING FROM OTHER SOURCES. PAPA may, during the course of this Agreement, receive supplemental funds from other sources, including but not limited to fundraising activities. SECTION 20. TERM OF AGREEMENT. This Agreement shall be for five years commencing on the date of the last signature affixed below. This Agreement may be renegotiated, for additional periods upon establishment of, and in accordance with, a new Cable Franchise. SECTION 21 . TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. A. The City shall have the right upon one hundred twenty (120) days written notice to PAPA to terminate this Agreement for: 1 . Material breach of any provision of this Agreement by PAPA, including, 11 but not limited to, failing to file the reports required by Sections 14 or 17 or providing the programming required in Section 3(G); 2. Malfeasance, misfeasance, misappropriation of funds; or 3. Loss of 501(c)(3) status by PAPA or revocation or suspension of its Articles of Incorporation by the State of Washington. B. PAPA may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) days of notification or within a time frame agreed to by the City and PAPA. The City may also terminate this Agreement at the expiration of its term, or any extension thereof. C. Upon termination of this Agreement, PAPA shall immediately transfer to the City all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets purchased, or partially purchased, by PAPA with funds received pursuant to this Agreement. All such transferred items shall be used by the City for Access Channel purposes. SECTION 22. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 23. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of Washington. SECTION 24. NOTICES. Wherever this Agreement requires notice to be given to or a filing to be made with the City, such notice or filing shall be given to the City. All notices 12 and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To the City: City Manager City of Port Angeles 321 E. 5t" St. Port Angeles, WA 98362 To Peninsula Area Public Access: Any party may change its address by written notice to the other parties at any time. SECTION 25. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY PENINSULA AREA PUBLIC ACCESS, a Washington nonprofit corporation City Manager, City of Port Angeles President, Board of Directors Date Date 13 F' , OuT NGELES All ,`— W A S H I N G T O N, U. S. A. w F CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: Tumwater Bridge Rehabilitation, Project TR0216 Summary: Bids were requested to repair the Tumwater Street Bridge. Only one bid was received and opened on July 18, 2017 and it significantly exceeded the available budget for the contract. Funding: The Street Fund budget for the project is $226,000. Recommendation: Reject the single bid for the Tumwater Bridge Rehabilitation, Project TR0216, and have staff re-bid the work at a later date. Background/Analysis: The project will perform preventative maintenance to extend the service life of the Tumwater Street Bridge including replacing expansion joints, waterproofing and asphalt. The project was advertised on June 29, 2017 in the Peninsula Daily News and to all firms registered to do work for the City on the MRSC Roster. Only a single bid was received and opened on July 18, 2017. The lowest responsible bidder was Lakeside Industries, in the amount of$311,309.00 which significantly exceeded available funding and the engineer's estimate for the work of$189,320.00. The single high bid is attributed to a lack of availability during the summer season for contractors to perform this specialized work. It is recommended that Council reject the single bid for the Tumwater Bridge Rehabilitation, Project TR0216, and have staff re-bid the work at a later date. Funding Overview: The budget for this project is $226,000. The single responsive bid exceeds the budget by $85,309.00 PW 0101 01 [Revised 10/2015] 08/01/2017 J - 18 • NGELES WAS H I N G T O N, U. S. A.CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: WILLIAM BLOOR,CITY ATTORNEY SUBJECT: Harbor Cleanup —NRD Process -Anchor QEA-Amendment to Exhibit C, Work Order No. 4 Summary: The City and other members of the Western Harbor PLP group entered into an Environmental Services Agreement (the Agreement) with Anchor QEA. The purpose of the Agreement was to provide initial technical analysis regarding Natural Resource Damage (NRD) issues in the harbor. The initial work has been completed. The proposed Amendment to Exhibit C authorizes Anchor QEA to perform a wood debris restoration sand cap pilot project on Ediz Hook and to further evaluate options for Natural Resource Damage (NRD) restoration in the Harbor. Funding: We expect that all, or almost all, of the costs incurred for this Amendment will be paid by insurance. Those costs not covered by insurance will be covered by the existing harbor surcharge fund balance. There is sufficient money in the 2017 budget to cover this amendment. Recommendation: Authorize the City Manager to execute on behalf of the City, Work Order No. 4 to Exhibit C of the Agreement and to approve minor modifications to Work Order No. 4 as needed. Back2round/Analysis: On December 11, 2013, the City, as part of the Western Harbor PLP Group, entered into an Environmental Services Agreement with the Anchor QEA. Initially, Exhibit C to the Agreement set out Work Order No. 1, which was to develop a NRD issues Work Plan. The total amount of Work Order No. 1 was $31,719. The City's share of the funding needed for that initial work was one-fourth, or$7,929.75, and the agreement was signed by City Manager Dan McKeen under his contracting authority. Work Order No. 2 added to the scope of work the development of NRD restoration options and increased funding of the Agreement by $90,416. This increase brought the total budget for the Agreement to $122,135. The Agreement was approved by Council on November 15, 2016. 08/01/2017 1 - 19 Work Order No. 3 added authorization for Anchor QEA to conduct a shallow subtidal wood debris restoration sand cap pilot project. The project is to evaluate the efficacy of a 6-inch layer, as opposed to a 12-inch layer, of sand in a shallow subtidal area, where wood debris is present, and to restore benthic habitat development. The information gathered from this pilot project will be key to determining the feasibility of one proposed NRD remediation project. The cost of Work Order No. 3 was $77,000. This increase brought the total amount of the Anchor Agreement to $199,135.00. Now, Work Order No. 4 is to evaluate additional options for Natural Resource Damage (NRD) restoration in Western Port Angeles Harbor and to cover increased costs associated with placing sand in the NRD pilot project area. The estimated budget for Work Order No. 4 is $29,000. This increases the total amount of the Anchor Agreement to $228,135 and the total City's share for all four Work Orders to $51,733.75. Funding Overview: The City is receiving payments from insurance companies who previously provided liability insurance coverage to the City. Collectively, those sources fully cover the funding needed for this Amendment to Exhibit C, Work Order No. 4. Sufficient funds to cover this amendment in the 2017 budget. No budget amendment is necessary. 08/01/2017 J - 20 AMENDMENT TOEXHIBIT C Environmental Services Agreement between Western Port Angeles Harbor Group and Anchor QEA, LLC WORK ORDER NO. 4 This Work Order No. 4 is to perform additional limited portions of the "Ediz Hook shallow subtidal wood debris restoration sand cap pilot project" (Project) to further evaluate certain options for Natural Resource Damage (NRD)restoration in Western Port Angeles Harbor. The Project is being performed for the benefit of the Port Angeles Harbor Natural Resources Trustee Council (Trustees). This is a Work Order as defined in, and issued pursuant to, Section 2(a) of the Agreement(as defined below). Collectively, the Clients and Anchor QEA are parties to an Environmental Services Agreement dated as of December 11,2013 (as at any time amended,restated, supplemented or otherwise modified(the "Agreement"). The Study described in this Work Order shall be governed in all respects by the terms and conditions set forth in the Agreement, except to the extent that such terms and conditions were previously supplemented or otherwise modified by Work Order No. 3 as permitted under the Agreement. Each capitalized term used and not otherwise defined herein shall have the meaning ascribed to such term in the Agreement. This Work Order and corresponding modifications to the Agreement shall be effective June 1, 2017 and will extend to June 1, 2018. DESCRIPTION OF WORK This work to be performed by Anchor QEA is a discrete portion of the Project,which is more fully described in Work Order No. 3. This work is being performed on behalf of the Western Port Angeles Harbor(WPAH) group. Other portions of the project are being performed independently by the Lower Elwha S'Klallam Tribe (LEKT). In performing this Work Order No. 4,Anchor QEA shall not enter into any legal relationship whatsoever with LEKT or with the Trustees. The work authorized by this order shall be done exclusively at the direction of the WPAH group. Pr vikg'°d and Confidential—Attorney Work Product Prepared, at Request of Counsel 08/01/2017 J - 21 Amendment to Exhibit C Environmental Services Agreement Work Order No.4 Page 2 The portion of the Project to be performed by Anchor QEA under this Work Order No. 4 is more particularly described as follows: Instead of placing a sand cap on an approximate 150-foot-long by 30-foot-wide area as discussed in Work Order No. 3,the cap was placed in June 2017 on an approximate 280-foot-long by 20-foot-wide (roughly 0.1 acre) that was determined by LEKT during initial site reconnaissance to be most suitable for the Project. Allowing for increased overplacement allowance to ensure accurate coverage over the narrower placement lanes, approximately 150 cubic yards of sand from the Elwha River was accurately placed in the Project area,roughly double the initial projections. Also, instead of placing the sand cap using Telebelt equipment operating at low tide from the beach,the Elwha River sand was placed from the water using a crane and clamshell bucket operating from a marine barge, similar to how the sand would be placed during full-scale operations. The work was performed using equipment that was separately mobilized for the adjacent U.S.Navy project on Ediz Hook. The changes outlined above required additional permitting approvals, coordination with the sand placement subcontractor, and incurred additional costs for placement. Long-term monitoring and reporting will not be substantively affected by these changes. In performing the Project,Anchor QEA will continue to coordinate with the Clients'NRD technical consultants,the Clients and Trustee representatives as needed. HEALTH AND SAFETY Anchor QEA will perform its work in accordance with pertinent federal, state, and local health and safety regulations. INSURANCE Anchor QEA will maintain insurance policies with minimum limits of coverage as described in the Agreement as previously modified by Work Order No. 3. Privide„ed and Confidential Attorney Work Product Prepar°cd at Request of Counsel 08/01/2017 J - 22 Amendment to Exhibit C Environmental Services Agreement Work Order No.4 Page 3 PERFORMANCE STANDARDS This work is a pilot study. As such, there is no guarantee that the Project will have the desired outcome.Anchor QEA will perform the Project in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.Anchor QEA makes no warranties or guarantees, express or implied,relating to its services and disclaims any implied warranties or warranties imposed by law,including warranties of merchantability and fitness for a particular purpose. Anchor QEA shall not be held liable for consequential damages related to either the outcome of the Project. INDEMNIFICATION Clients and Anchor QEA agree to replace Section 7 (a) of the Agreement with the same language previously agreed to for Work Order No. 3. BUDGET AND SCHEDULE The estimated budget this Work Order No. 4 is$29,000. Services will be invoiced on a time and materials basis in accordance with the Agreement. The budget breakdown is summarized in Table 1. Work began in June 2017 and will continue for approximately the next 12 months, coordinated with related NRD and RI/FS activities. Table 1 Work Order No.4 Cost Estimate _._......_........................ Task Cost Estimate Permitting $7,000 ....................�... Construction $22,000 TOTAL $29,000 Privileged and Confidential—Attorney Work Product Prepared at Request of Counsel 08/01/2017 J - 23 Amendment to Exhibit C Environmental Services Agreement Work Order No.4 Page 4 SIGNATURES CLIENTS: CONTRACTOR: Port of Port Angties Anchor 0EArhLC Karen Goschen Clay Patmont Executive Director Partner ,2017 June 29,2017 C jcLf Port An -lei Dan McKeen City Manager ,2017 Nippon.Paper Industries USA Co. Ltd. Yoshifumi Nagaura. President ,2017 GeOT&ia--Pacific LIC Shannon Johnson Senior Manager,Environmental Engineering ,2017 Merrill& Ring, Inc, Norm Schaaf Vice President/Timberlands and Administration '2017 Privele ,ged and Confidential—Attorney Work Product Prepared at Request of Counsel 08/01/2017 J - 24 ORT NGELES mho® W A S H I N G T O N, U. S. A. yUL_ via"-�::iiiiii CITY COUNCIL MEMO DATE: August 1, 2017 TO: CITY COUNCIL FROM: WILLIAM BLOOR,CITY ATTORNEY SUBJECT: PA Harbor Cleanup/Environmental Issues Sixth Amendment to PSA with Integral Consulting Summary: The City became actively engaged as a participant in the harbor cleanup process in 2012. The process is a significant undertaking, and it requires technical expertise not available on City staff. Integral has been providing technical services and scientific analysis to the City for several years. As has been true with other large projects, the services agreements for the harbor cleanup are being done in phases. Approving the agreements in phases is done specifically to assure that City Council periodically reviews the course and development of large projects as they evolve over time. Funding: For services to be provided by Integral, the anticipated reimbursement rate by insurance is approximately 99%. The anticipated cost for this amendment is covered in the 2017 budget and there is no need for a budget amendment. Recommendation: Authorize the City Manager to enter into the Sixth Amendment to the Professional Services Agreement with Integral Consulting, Inc., and to make minor modifications to the agreements, if necessary. BACKGROUND/DISCUSSION: Early in 2012, the Department of Ecology (DOE) released a harbor sediment investigation report. Based on that report, DOE subsequently notified the City that it is one of several entities potentially liable for some portion of the contaminants in the harbor. The City did not then, and does not now, have on staff anyone with the knowledge and expertise needed to adequately analyze and respond to all the technical and scientific harbor cleanup issues. So,the City Council authorized an agreement with Integral Consulting to provide technical expertise on issues arising from the City's role as a PLP in the western harbor cleanup project initiated by DOE. Integral Consulting is a firm with the acknowledged capability, knowledge, and expertise to provide the range of required analysis and advice required for the harbor cleanup process. To date, the issues have focused on the preparation of a remedial investigation and feasibility study (REFS) and on claims against the City's former insurance carriers. Substantial progress has been made on both. 08/01/2017 J - 25 As has been true with other large projects, the services agreements for the harbor cleanup are being done in phases. Approving the agreements in phases is the same process used for consultants in other large projects, like the CSO project, for example. The work assignments and funding for consultants on the harbor project are being done in discretely identifiable sub-tasks so that Council can better track them as the overall project moves forward step by step. It is done specifically to assure that City Council periodically reviews the course and development of large projects as they evolve over time. This amendment recognizes that a significant amount of work has been accomplished, but now the Scope of Work needs to be amended to add review and evaluation of several issues that we expect may be relevant as the PLP group moves forward to create a draft REFS. This Sixth Amendment and Scope of work is attached and would increase the budget by$50,000 to an amount not to exceed $1,564,459. FUNDING: The services covered by this agreement are eligible for reimbursement by the City's former insurance companies at the rate of approximately 99%. Sufficient funds to cover this amendment in the 2017 budget. No budget amendment is necessary. Recommendation: It is recommended that City Council authorize the City Manager to enter into the amended agreement with Integral Consulting, and make minor modifications, if necessary. 08/01/2017 J - 26 in�te, id Integral Consulting Inc. 719 2nd Avenue (OOsulftq inc. Suite 700 Seattle,WA 98104 telephone:206.230.9600 facsimile:206.230.9601 Privileged and Confidential www.integral-corp.com Attorney Work Product -DRAFT DRAFT—July 5,2017 Project No.CF935 Bill Bloor City of Port Angeles and Kurt Peterson Foster Pepper Subject: Scope of Work for Municipal Stormwater Source Control Program Review Dear Bill and Kurt: Upland source control will be important for limiting recontamination of sediments following implementation of the remedial action in Western Port Angeles Harbor(WPAH). For the City of Port Angeles (City), source control primarily focuses on reduction of combined sewer overflows(CSOs)and improvement of stormwater quality. The City has undertaken an extensive program to reduce CSO events. This letter describes a scope to evaluate City stormwater source control efforts,compare them against other similar municipalities,and assess if and what additional source control activities may be warranted. The City's stormwater discharges are regulated under a National Pollutant Discharge Elimination System(NPDES)municipal separated storm sewer system(MS4) permit with the Washington State Department of Ecology. The proposed scope consists of a review of the City's existing and historical stormwater source control measures including plans, programs,ordinances, inspections,enforcement mechanisms,and reporting efforts. The findings will be compared to programs implemented by other cities in the Pacific Northwest. A report summarizing key aspects of the City's existing stormwater source control programs will be prepared. If applicable, suggestions for programs which could be enhanced and/or new programs which could be implemented will be provided. In conjunction with this work, a scope of work for storm sewer system-related sampling and source tracing work will be considered,and, if appropriate, a scope of work and budget will be proposed. The objective of the additional sampling and source tracing work 08/01/2017 J - 27 PA Stormwater Source Control Evaluation DRAFT—July 5,2017 Page 2 would be to evaluate stormwater-sourced loading of contaminants of concern(particularly dioxins and PAHs)and to identify source control measures that could be beneficial in reducing pollutant loading to WPAH. PROPOSED SCOPE ITEM 1: REVIEW OF EXISTING CITY PROGRAMS Integral will review the City's existing stormwater programs,plans,and system improvements. Integral's ongoing allocation-related research directed by Foster Pepper will be the basis for understanding the current and historical footprint of the City's MS4, with particular emphasis on discharges to WPAH. Existing sampling data will be incorporated as needed to evaluate a sampling approach. Integral will ideally engage City staff in this process in order to better understand the MS4 infrastructure, ongoing SW SCMs,and sampling activities. Some program elements the Integral will evaluate include illicit connection detection and elimination,public education,control of runoff from new development, ordinances, operations and maintenance of city facilities, CSO reduction efforts, and source tracing. PROPOSED SCOPE ITEM 2: COMPARISON TO STORMWATER SOURCE CONTROL MEASURES IN COMPARABLE CITIES Integral will compare the City's stormwater management programs to those in comparable or larger Pacific Northwest cities adjacent to regulated sediment sites(e.g.,Portland, Tacoma, Everett). Components to be compared include: • Infrastructure and controls(current and historical) • Existing(and planned)treatment capabilities and diversion projects • Stormwater sampling programs - Historical data collection - Source tracing approach - Source control/elimination targets • Ordinances related to water quality • Inspection and enforcement mechanisms • Programs required of MS4 permit holders. 08/01/2017 J - 28 PA Stormwater Source Control Evaluation DRAFT—July 5,2017 Page 3 While not truly comparable, Integral will also consider City program relative to ongoing activities in larger municipalities(e.g.,the Long-Term Source Control Implementation Plan by the City of Seattle for the Lower Duwamish Waterway). PROPOSED SCOPE ITEM 3: DRAFT MEMO TO THE CITY Integral will prepare a draft memorandum summarizing our findings. The intent of the memo is to provide a framework for the City to review and comment upon and to engage City staff who are currently implementing stormwater programs. Integral expects City staff will be able to provide additional details or written materials about ongoing or completed stormwater source control measures in order to help focus Integral's recommendations. Following City staff review of the memo,in-person meetings or conference calls may be beneficial in transferring information or framing/refining the contents of the final report. Based on the information collected,Integral will also work with City staff to draft a stormwater source sampling scope,potentially focusing first on WPAH sediments adjacent to MS4 outfalls. These data could help target particular drainage areas within which to collect source samples, such as solids from in-line sediment traps or from catch basins. 4. FINAL REPORT Integral will prepare a report documenting the following: • Historical and current City stormwater management programs • Comparable municipal stormwater management programs • Additional measures the City could consider to improve its existing program(if applicable) • A suggested framework or system to document the source control programs completed,underway, and/or planned by the City(if needed) • A sampling scope to evaluate the stormwater chemical quality and potentially to identify sources within the WPAH watershed. nteird 08/01/2017 J - 29 PA Stormwater Source Control Evaluation DRAFT—July 5,2017 Page 4 SCHEDULE AND BUDGET If the City elects to complete this review,the work will be completed in conjunction with ongoing allocation support work directed by Foster Pepper. Work will be conducted by Integral staff familiar with the City's stormwater conveyance system and other municipal source control programs, including Nicole Ott, Susan Fitzgerald, and Andrew Halmstad. We anticipate two meetings with the City to discuss initial findings. We anticipate the budget to complete this evaluation to be approximately$50,000.We project that the draft memo (items 1-3)would be prepared within 4 to 6 weeks, recommendations for sampling within 2 to 2.5 months,and the final report(item 4)within 3 months of approval of this scope. CLOSING Integral's team of scientists and engineers has experience successfully managing and executing stormwater source control projects. We are well-suited to negotiate with Ecology and produce a realistic and pragmatic work plan for stormwater source control for the City. Our familiarity with the City's conveyance system,WPAH,and source control issues are grounded in previous and ongoing work completed for the City,Foster Pepper,and Cascadia,our thorough understanding of stormwater source control issues, and our extensive stormwater investigative and monitoring experience. Integral appreciates the opportunity to support the City of Port Angeles,Foster Pepper,and Cascadia with WPAH allocation and cleanup work. Please let us know if you would like to discuss this scope further. If you would like us to proceed with the work, please let us know by email or by signing below. Sincerely, Andrew Halmstad Nicole Ott Senior Engineer Consultant and Project Manager i n te 08/01/2017 J - 30 PA Stormwater Source Control Evaluation DRAFT-July 5,2017 Page 5 The scope of work is approved: Dan MCKeen,City Manager Kurt Peterson City of Port Angeles Foster Pepper Cc: Dan McKeen and Nathan West,City of Port Angeles;Joanne Kalas,Foster Pepper;Rod Brown, Cascadia;Linda Baker,Integral I Ql. k IId 08/01/2017 J - 31 • NGELES WAS H I N G T O N, U. S. A.CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: WILLIAM BLOOR,CITY ATTORNEY SUBJECT: Harbor Cleanup Process —Change Order No. 6 to Work Order No. 2 to the Environmental Services Agreement Summary: The City, as a member of the Western Port Angeles Harbor Group, entered into an Environmental Services Agreement with FloydISnider. The overall goal of the Environmental Services Agreement is to produce a Remedial Investigation/Feasibility Study (REFS) for cleanup of the western portion of the Port Angeles harbor. That effort is divided into several separate tasks, each one represented by a Work Order. Work Order No. 2 encompasses all the work necessary to create the draft of a RDFS deliverable required by the Agreed Order with the Department of Ecology. Funding: We expect that all, or almost all, of the costs incurred for this amendment will be covered by insurance. Costs not covered will be covered by the existing harbor surcharge fund balance. There is sufficient money in the 2017 budget to cover the costs of this Change Order. Recommendation: Authorize the City Manager to approve Change Order No. 6 to Work Order No. 2, expanding the scope of work and budget as shown in the attached Amendment Exhibit. Background/Analysis: In 2012, the Department of Ecology (DOE) informed the City that it is one of several entities potentially liable for some portion of the contaminants in the harbor. The City and the other entities named as potentially liable parties (PLPs) —the Port,Nippon,Merrill&Ring, and Georgia Pacific (the Western Port Angeles Harbor Group) --joined together to share costs and jointly approved a series of agreements, which included an Environmental Services Agreement. The PLP then negotiated an Agreed Order which legally obligates the City, and the other PLPs who signed it, to complete a RDFS. The PLP group also identified four technical consultants to work on the RDFS. The PLP group entered into an Environmental Services Agreement with the technical consultants. That 08/01/2017 J - 32 Agreement specified that the consultants, under the direction of the PLP group, would produce a final REFS. The Agreement divided the work of producing the RDFS into three Work Orders, the culmination of which would be the production of the final RDFS as required by the AO. Work Order No. I is complete. In essence, it provided for collection of data. The purpose of Work Order No. 2 is to prepare a draft RDFS. Work Order No. 2 was approved with the idea that the work to produce the RDFS would be done in distinct stages.Each stage would be directed and approved by the PLP group. Since then, prior change orders have directed the technical consultants to perform the work to provide the necessary foundation and writing of the RDFS. Now the attached Change Order No. 6 authorizes additional work necessary to complete a draft of the RDFS. Funding Overview: Work Order No 2 had an initial budget amount of$555,500. Prior change orders increased the budget to a total of$1,688,371. This Change Order No. 6 increases Work Order No. 2 by $412,500 for a total budget of$2,100,871. The City's share of the increase is $82,500. The budget for 2017 is sufficient for the increase. No budget amendment is needed. RECOMMENDATION: Authorize the City Manager to approve Change Order No.6 to Work Order No.2, and to approve minor modifications to the Work Order as needed. 08/01/2017 J - 33 Exhibit D Environmental Services Agreement Between the Port of Port An eles•the Ci of Port Angeles; Ni on Paper Industries IDSA Co. Ltd.TM Merrill&Ring, Inc.;and Georgia-Pacific LLC and Floyd I Snider, Inc. WORK ORDER NO. 2 Change Order No. 6 This Change Order amends the Scope of Work included in Work Order No. 2, dated September 1, 2013. Effective Date: July 1, 2017 Title of Change Order No.6 to Work Order No. 2 Revision of Scope for Completion Change: of the Draft Remedial Investigation/Feasibility Study Authorized Representatives: Name Contact Number Client Authorized See below Representative: F I S Authorized Representative: Allison Geiselbrecht, PhD 206-292-2078 Description and Objective of Change: []Below ®Attached Revision of level of effort and fee for completion of the Draft Remedial ) Investigation/Feasibility Study(RI/FS) See attached scope memorandum and fee estimate for a details on the required scope of work for completion of the Draft RI/FS Report by December 31, 2017. Deliverables include: w Final Western Port Angeles Harbor: RI/FS Approach (White Paper) and • Draft Rl/FS Report F:\Contracts\WPAHG-91FS\Work Order 2\Change Order Confidential: Work Order No.2 Change Order No.6 6\WO2_Change Order6_Exhihit 0_2017-0626,docx June 2017 JointDefer�se Environmental Services Agreement Privileged Page 1 of 3 08/01/2017 J - 34 Exhibit D Work Order No. 2 Environmental Services Agreement Between the Port of Port Angeles;the Cily of Port Angeles;Nippon Paper Industries USA Co.,Ltd.* Merrill&Ring,Inca and Oeor ia-Pacific LLC and Floyd I Snider, Inc. KEY PERSONNEL Key project personnel identified for White Paper finalization and Draft RI/FS Report finalization include the full Rl/FS teams at Floyd I Snider, Anchor QEA, Exponent,and Integral. Fee and Schedule Impact(if any): ❑ Below ®Attached SCHEDULE The scope of work described herein will begin July 1, 2017, and finish by December 31, 2017. FEE ESTIMATE The estimated fee associated with the completion and submittal of the Draft Rl/FS to Ecology uses current 2017 rates for each consultant consistent with the rates authorized by each individual group member for their associated consultant representative. The estimated additional fee associated with the completion of the Draft RI/FS (including subconsultant markup) is$412,500. These fees are divided as follows: $30,100 for finalization of the White Paper (Task 4), $296,900 for completion and submittal of the Draft RI/FS to Ecology (Task 5), $76,700 for meetings, coordination, and project management (Task 1), and $8,800 of subconsultant markup. This amendment is a time and materials basis not to exceed $412,500 without written approval from the Clients. This amendment increases the value of Work Order No. 2 to a not to exceed total of$2,100,871. F:\Contracts\WPAWG-a1Fs\Work Order 2\Change Order Confidential: Work Order No.2 Change Order No.6 6\WO"2_Change Order 6_Exhibit 0_2017-0626.docx June 2017 Joint-Defense Environmental Services Agreement Privileged Page 2 of 3 08/01/2017 J - 35 Exhibit D Work Order No.2 Environmental Services Agreement Between the Port of Port Angeles;the City of Port.Angeles-, Nippon Paper Industries USA Co. Ltd.• Merrill & Ring, Inc.• and Georgia-Pacific LLC and Floyd I Snider, Inc. By signing below,the Parties agree to the above changes to the Scope of Work and Contract Fee. SIGNATURES: This form,when completed and approved,will be signed by the Clients and Contractor.This Work Order No.2 Change Order No.6 may be executed in counterparts,each of which shall be deemed an original, but all of which,taken together, shall constitute one and the same document. CLIENTS: CONTRACTOR: Karen Goschen Allison Geiselbrecht, Ph.D. Port of Port Angeles Floyd I Snider Inc. Port Director Principal/Vice President July 2017 July 2017 Dan McKeen City of Port An eyes City Manager July 12017 Yoshifumi Nagaura Nippon Paper Industries IDSA Co.,Ltd. President July , 2017 Shannon Johnson Georgia--Pacific LLC Senior Manager, Environmental Engineering July 12017 Norm Schaaf Merrill&Ring,Inc, Vice President/Timberlands and Administration July 2017 F:\Contracts\WPAHG-RIFS\Work Order 2\Change Order Confidential: Work Order No.2 Change Order No.6 6\W02_Change Order 6_Exhihit D_2017-0626,doex June 2017 Joint-Defense Environmental Services Agreement Privileged Page 3 of 3 08/01/2017 J - 36 TnUionSqvarFOYD U SNIDER 6O� �oionm5u�� 600 Swau|e^VIVA 98l01 strategy ° Science - eggin2erimg ted�3O62g2.2Or8 �ax.uU6.6827G67 ��~~����J[° _������F"�� K Memorandum���8������� �� ��UU��� ��*ouUU���~oo �K��U ������m " w��n ��uoK0�womw To: Western Port Angeles Harbor Group Copies: Clay Patmnont AnchorCiEA; Mark Johns, Exponent; Linda Baker, Integral From: Allison O. Geise|brecht, PhD Date: June 29, 2017 Project No: VVPAHG-R|FS Re: Western Port Angeles Harbor RA/F8 Approach to Scope and Roles This memorandum and related budget, attached to Exhibit O of the contract Work Order No. 2 Change Order No. 6 provide the Western Port Angeles Harbor Group (VVPAH Group) with a detailed description of additional scope of work to be conducted for completion of the draft Western Port Angeles Harbor Remedial investigation/Feasibility Study (R|/FS), and provides rationale for what is and is not included in the scope and associated fee. SCOPE OF WORK Task 1—Project Management and Communications 0 General Project Management. Floyd|Snider will continue to be the primary point of contact for Washington State Department of Ecology (Ecology) and VVPAH Group requests and coordination. F|oyd|Snider will continue to maintain the project Administrative Record' Floyd|Snider will also prepare agendas,official meeting notes, and quarterly progress reports for Ecology,and monthly progress reports and invoices for the VVPAH Group. Funding for general project management included in this Amendment covers an increased level of effort required for group and agency coordination and management. w Potentially Liable Party (PLP) Group Meetings. Fixe additional PLP meetings will be held between July and December 2017 (approximately monthly). Of these, two are assumed to occur in Port Angeles (an 8-hour day including travel time), and three in Seattle (a half day).All meetings will be attended by the entire consultant team. w Requests from Ecology and Ecology NHaatimg Notes' This scope of work includes additional level of effort required for development of materials, evaluations, and team communication and coordination in response to requests from Ecology.This also includes additional effort required for preparation of additional Ecology meeting notes documenting the additional agency meetings scoped under Task 5 below. F:\Cantracts\WPAHG-R1F5\Work Order wm=geOrder CONRDsVvAL Pa�e1of4 "~'=` ' ��^"��"°��°= Jnvm�De�nwe pr^wnneged 08/01/2017 J ~ 37 Western Port Angeles Harbor Group June 29, 2017 FLOYD I SNIDER ➢UU INNIiiau NO Task 4—White Paper Finalization • White Paper Finalization. The WPAH Group will revise and submit a final version of the "Western Port Angeles Harbor: RI/FS Approach" (White Paper) submitted to Ecology by the WPAH Group in April 2017.White Paper finalization will be conducted by Anchor QEA and Floyd I Snider,with review input from Integral Consulting Inc. and Exponent. This amendment provides additional funding to complete this task, as the prior amendment assumed a moderate degree of revision would be required, and a significant degree of revision has been necessary for document completion.The Final version of the White Paper will incorporate any comments received from Ecology on the Draft-Final version and will be submitted to the WPAH Group for final review,then Ecology for approval. This assumes that no additional drafts or extensive revisions based on Ecology comments will be required for White Paper finalization. Task 5—Draft Remedial Investigation/Feasibility Study Finalization The following additional scope of work supplements the scope of work budgeted for completion of the Draft RI/FS by Change Order No. 5. The additional scope of work required for Draft RI/FS development includes the following elements: • Evaluation and material preparation to inform WPAH Group and Ecology discussions. This task includes any work products requested by the`WPAH Group or Ecology that are exploratory and will further discussion and decision-making relative to the Draft RI/FS, but are not necessarily intended to be included in the Draft RI/FS Report. Development of these technical work products will be a consultant group effort, led by Floyd I Snider and Anchor QEA. • Consultant Working Meetings/Calls. Six technical meetings attended by the entire consultant team will be held between July and December 2017. These meetings will be held to advance RI/FS topics and prepare for WPAH Group and Ecology meetings. Each meeting is assumed to be 6 hours including preparation,travel,and attendance. • Transload Facility Planning. Anchor QEA will lead transload facility planning and evaluation with review and input from the consultant group. This task assumes a combination of group meetings and emails/calls, coordination with the client group, and local potential transload location owners/operators. There are no planned work products for this section. • Limited Purpose Landfill Planning. Anchor QEA will lead the limited purpose landfill planning with review and input from the consultant group. This task assumes a combination of group meetings and emails/calls.Anchor QEA will serve as the primary point of contact for subconsultants Herrera Environmental Consultants and Zenovic &Associates,who will conduct the bulk of the landfill planning work. Limited purpose landfill planning will include identification and evaluation of potential landfill sites, F:\Contracts\WPAHG-RIFS\Work Order 2\Change Order CONRIDENTIAL WPAH RI/FS Approach to 6\WPAH Overall Scope_2017-0626.docx Joint-Defense Scope and Roles Privileged Page 2 of 4 08/01/2017 J - 38 Western Port Angeles Harbor Group June 29, 2017 FLOYD I SNIDER n iow o i iom uwuumouuxuouwwuoimoomomm ux e�ieu i iwmur coordination with property owners and the client group, and identification of limited purpose landfill sites.There are no planned work products for this section. • Select and Implement Model Toxics Control Act (MTCA) Disproportionate Cost Analyses (DCA)for the Marina. If the WPAH Group determines that it is appropriate to designate the marina as a separate sediment management area (SMA), a separate DCA will be developed. Floyd I Snider and Anchor QEA will lead the DCA development with review and input from the consultant group. Work projects associated with this task will consist of RI/FS document text and tables. There are no additional work products for this section. • Sensitivity Analyses for Remedial Options forTerminals.This task is a joint evaluation by Floyd I Snider and Anchor QEA,with input from the consultant team,City,and Port. The task includes evaluation of remedial options for the terminals (berth areas, operational areas, and underpier structures) and updates to the existing terminal remediation cost sensitivity analyses. Draft work products exist for this section that have been previously presented to the WPAH Group, and this analysis is ongoing.This analysis will determine the applicable remedial alternatives within the terminal areas for the Draft RI/FS. • Mapping and figures. Floyd ISnider will continue to develop most of the outstanding map products for the RI/FS. Additional level of effort required for development of RI/FS figures, graphs, flow charts, Visio diagrams, and other material as needed for completion of the Draft RI/FS is funded by this section, and will include work by all consultants. ECOLOGY COORDINATION ASSUMPTIONS • This scope and fee assumes three additional meetings with Ecology will occur in 2017; presentations of materials and approach will be vetted through the WPAH Group approximately 1 week prior to each Ecology meeting. No meetings are currently scheduled with Ecology.Tentative topics are as follows: o Meeting 1(July timeframe): Review of Ecology's White Paper comments. o Meeting 2 (September/October timeframe): Finalize outstanding RI/FS topics, if the WPAH Group decides it is necessary. o Meeting 3 (December):Submittal of the Draft RI/FS to Ecology. WORK ORDER NO. 2 SCHEDULE It is assumed that revision of the White Paper based on Ecology comments and finalization activities will begin in July 2017, and submittal of the Final White Paper is anticipated in early August 2017. II � IIIWV�VOOOOOIiIillil00011tl�4tl010iIN IWWUUIWUllPoIiMtlN010M01000UUWNWNWVPoW'FM�IWV%COMM IWWI4WI��PN�IMM�6MdOWl IOWtltiGNIiMiAimIIIIpIOW W F:\Contracts\WPAHG-RIFS\Work Order 2\Change Order CONFIDENTIAL WPAH RI/FS Approach to 6\WPAH Overall Scope_2017-0626.docx Joint-Defense Privileged Scope and Roles Page 3 of 4 08/01/2017 J - 39 Western Port Angeles Harbor Group June 29, 2017 FLOYD I SNIDER i amo - �u mou � vurwwmw �t� ��, ru win This change order updates the Draft RI/FS schedule based on the current delay in receipt of Draft White Paper comments from Ecology, and assumes the consultant group resumes work on the Draft RI/FS report in September 2017, with submittal of the draft report to Ecology in the end of December 2017. Project management is expected to occur throughout the duration of this change order, from July 1, 2017,through December 31, 2017. Attachment:WPAHG RI/FS Budget:July through December 2017 �wtaai�i iru ma mm u! i iu F:\Contracts\WPAHG-R4F5\Wark Order 2\Change Order CONFIDENTIAL WPAH RI/FS Approach t0 6\WPAH Overall Srape_2017-0626.docn J 8'89 Pi'�-I�e�'e�YSE." Priv99eged Scope and Roles Page 4 of 4 08/01/2017 J - 40 O a a N 01 = a y E 0! u to a C � Q L j O O 0 t e `w 1 N 3 m m w p pp O 10 N l0 0 00 O N m Q w m T �0 N O O O l:J as o is .ti O m �a n �o m m m m O O = n m V O h m m N. ti N Vl N m W m ^ 00 N Q W O O Oi b' .-1 ti w 00 O N r. eq 06 N �C 12 E ry T E � u yLa W y W H a w 0 :m •� �. o — di W L O a c a+ ro m c yr w o Q C > Y W '.aca E a 3 a fO oa U _ Y nE v a m m > c H O " N E = ov = m m (l yai a IG E W c o m w a c v l m m a Y E v_ v ? c c p E v m " CL N V LL O 00 7 C w r^U C O f7 V m K V a N A C > c m y m w x Yp a w c v w w V o c d d d w o d d VI E E o L E E L.........t `m c L L N a C C a O O ccQ L Q O Q Q m 4C QC 2 V} Q Q � � Y Q om v E a o 3 � W CL a `a = v ap n m c E a E U o '' tgU om o Q .0 0 a �° 0 i= n c c w C C m m a m w a � v " E a .a. .� c 'u o o, m ar'i c - E p t Y c a c w m E m .3 c ° n a O @ c v ' a E p i 0 E o m 4 0O v 0 > .. o m > = d JC Y y Y c Y u > a v w o m O o_ a C iL s w w 'v u F of �n o m a H 12 1� F- z W r) Z } J LL 08/01/2017 J - 41 • 111111FORT ,1 NGELES ` WAS H I N G T O N, U. S. A. LH CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: COREY DELIKAT,PARKS&RECREATION DIRECTOR SUBJECT: HVAC Improvements - Port Angeles Senior Center & Fine Arts Center, Project PK0517 Summary: The City of Port Angeles has two HVAC projects that need to be completed due to failure and outdate equipment. One project is replacing the failed compressor on the Port Angeles Senior Center HVAC Unit 42 and the other project is to take the Port Angeles Fine Arts Center off of its electric boiler and install a ductless heat system. Bids for these projects closed July 20, 2017, with two contractors submitting bids. Air Flo Heating Company from Sequim was the low responsible bidder at $25,180.24. Funding: The Senior Center project will be funded by $19,000 reserve maintenance account, of which $8,204.80 of these funds will be used to replace the failed compressor. The Port Angeles Fine Art Center project will be funded by the CFP Facility Revolving Fund, of which $12,200 will be used from that account. The remaining $4,775.44 of the project will come out of the Parks & Recreation facility contracting account. Total cost of the project is $25,180.24, with an engineer's estimate of$23,000. Recommendation: Approve and authorize the City Manager to award and sign a construction contract for the base bid for the Senior Center and Port Angeles Fine Arts Center Project PK0517 in the amount of$25,180.24 with Air Flo Heating Company, including applicable taxes, and to make minor modifications to the contract, if necessary. Back2round/Analysis: The City of Port Angeles has two HVAC projects that need to be completed due to failure and outdate equipment. One project is replacing the compressor on the Port Angeles Senior Center HVAC Unit 42 and the other project is to take the Port Angeles Fine Arts Center off of the old electric boiler and install a ductless heat system. The ductless heating/cooling project was slated for last year but needed to roll into 2017 due to other projects and staff time. The reason we are adding this project as a late item is because it is over the City Manager's $25,000 approval limit and because we want to get it installed before the Port Angeles Fine Arts Center's Paint the Peninsula event on August 16th. Earlier this month, the City solicited quotations and did a walk-though of the facilities with the contractors. Bids closed on July 20, 2017, and the City received two bids, with an engineer's estimate of$23,000. Air Flo Heating Company, from Sequim was the lowest responsible bidder. The bid results are summarized below: • Air Flo Heating Company, Sequim, WA- $25,180.24 • McDonald-Miller Facility Solutions, Seattle, WA- $74,630.35 Funding Overview: The Senior Center project will be funded by $19,000 reserve maintenance account, of which $8,204.80 of these funds will be used to replace the failed compressor. The Port Angeles Fine Art Center project will be funded by the CFP Facility Revolving Fund, of which $12,200 will be used from that account. The remaining $4,775.44 of the project will come out of the Parks & Recreation facility contracting account. Total cost of the project is $25,180.24, with an engineer's estimate of$23,000. Below is a breakdown of the projects: Project Project Expense Account Senior Center Compressor $8,204.80 Senior Center Reserve Account PAFAC HVAC Project $12,200.00 Facility Revolving Fund PAFAC HVAC Project Con't $4,775.44 Facility 8131-4810 Total: $25,180.24 PUBLIC WORKS CONTRACT STATUS REPORT June 2017 / July 2017 (COSTS SHOWN INCLUDE APPLICABLE TAXES) ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL EXCEEDING$35,000 ORIGINAL ORIGINAL PRIOR JUNE TO JULY REVISED PROJECT TITLE BUDGET CONTRACT CHANGE CHANGE CONTRACT (Construction) AMOUNT ORDERS ORDERS AMOUNT 2012 SCADA System Upgrade-Replacement $855,150.00 $570,102.70 $320,920.76 $0.00 $891,023.46 (PSA 2012-09/WW0210) CON-2017-23 (PK02-17) Civic Field Audio System $60,000.00 $54,999.99 $0.00 $0.00 $54,999.99 Upgrade CON-2017-11 Tree $125,000.00 $125,000.00 Trimming—2017 $0.00 $0.00 $125,000.00 CON-2017-12 Wood Power $50,000.00 $50,000.00 Pole Testing-2017 $0.00 $0.00 $50 000.00 WW0205 Biosolids $1,435,000.00 $1,203,119.68 Dewatering Project $0.00 $0.00 $1,203,119.68 WW0116 Marine Drive $222,000.00 $170,555.07 $0.00 $0.00 $170,555.07 Sewer Repair CON-2017-21 Landfill $50,000.00 $53,758.27 $0.00 $0.00 $53,758.27 Beach Nourishment PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL WORKS ROSTER CONTRACTS UNDER$25,000 AWARDED SINCE LAST COUNCIL REPORT (QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST'S OFFICE) CONTRACTOR CONTRACT/PO DESCRIPTION DATE AWARDED AMOUNT OR VENDOR # *Kuchan Construction CON-2017-35 Lauridsen Blvd. Sewer July 12, 2017 $16,260.00 Co. Inc. I I Relocate Traffic Safety Supply P04447 10 Thermoplastic pavement markers for July 10, 2017 $8,118.99 Streets TMG P0444169 M3 pumps and skids July 10, 2017 $13,666.71 for Water Plant Dykman P0444487 Yask aeration blower July 10, 2017 $11,581.05 VFD for Wastewater Granich PO 44488 Progressive cavity July 10, 2017 pump for Wastewater $12,257.87 *Limited Public Works Process 08/01/2017 L - 1 PUBLIC WORKS GRANT & LOAN STATUS REPORT April 2017 — June 2017 PROJECT PROJECT GRANT/LOAN AMOUNT AWARD DESCRIPTION COST SOURCE&ID GRANT MATCH/ LISTING STATUS LOAN DATA Power Systems None at this time Stormwater Grant agreement approved by $676,980 DOE FY2016 $461,250 from Council Feb 2016, Green LID Alley (including DOE; $153,750 July 1, agreement signed, Project Grant grant-funded Stormwater Financial minimum City 2015 construction design) Assistance Program match completed. Working on grant close out. Grant agreement $680,554 DOE FY2016 $474,300 from approved by Decant Facility (including Stormwater Financial DOE; $83,700 July 1, Council Feb 2016, grant-funded Assistance Program minimum City 2015 grant award design) match delayed due to State budget cut Grant agreement approved by Council Feb 2016, DOE $25,000 agreement signed. Capacity Grant NA WQSWCAP-1517- Grant with no January Grant amount PaAnPW00007 match requirement 2016 reduced from 50k to 25k due to State budget cut. Total amount of$25k received. Wastewater DOE State Revolving $12,000,000 Construction CSO Phase 2 Projects, Fund(SRF) Loan at 2.7% substantially Design&Construction $19,024,031 Construction Loan interest;no match June 2014 complete. Loan $12,000,000 required complete. Transportation WSDOT 2015 Grant agreement Pedestrian and $200,000 design approved by Hill Street ODT $200,000 Bicycle Safety only June 2015 Council Sept 2016. Funding Consultant contract signed. Washington Federal $398,540 grant Grant Agreement Race Street Complete $398,540 Lands Access with$63,761 City January 2015 signed.Alta design Program match contract signed. Marine Drive Channel $100,000 Surface $75,000(design), March Signed agreement Bridge Design Transportation min match 13.5% 2015 May 2016.Design Program beginning. Solid Waste 2016-2017 Waste January Reduction,Recycling, $159,000 DOE Coordinated $119,250 grant 2016 Active Moderate Risk Waste Prevention Grant $39,750 City Disposal 08/01/2017 L - 2 $3,999,100 Financial Assistance in 2014. Project complete. Landfill Bluff Cell Interagency $2,200,000 All grant funds Stabilization $21,291,000 Agreements with Financial June 2016 received. DOE Assistance in 2016 to be applied to post-closure costs. FEMA Project worksheet 4242-DR Windstorm $4 $3 FEMA Declared October authorized by on 8/29/2015 ,267.65 Emergency ,200.74 2015 FEMA January 2016 4249-DR Windstorms Project worksheet Emergency from 11/12 to $6,432.77 FEMA Declared $4,824.58 January authorized by 11/21/2015 2016 FEMA March 2016 4253-DR Windstorms FEMA Declared February from 12/01 to 12/14/15 Emergency 2016 List of Acronyms BRAC: Bridge Replacement Advisory Committee BPA: Bonneville Power Administration DOE: Department of Ecology DWSRF or SRF Drinking Water State Revolving Fund or State Revolving Fund NOANet Northwest Open Access Network NOSC North Olympic Salmon Coalition PASD Port Angeles School District PSP Puget Sound Partnership PWB: Public Works Board,administers the PWTF Program PWTF: Public Works Trust Fund RCO: Recreation and Conservation Office SRF: Salmon Recovery Funding TIB,AIP or PSMP: Transportation Improvement Board,Arterial Improvement Program or Pedestrian Safety and Mobility Program WSDOT: Washington State Department of Transportation 08/01/2017 L - 3 Aspect Consultant Agreement, PSA-2017-05 Landfill Post Closure Consulting&Engineering Services Date Agreement Authorized by Council:June 20, 2017 Agreement Expires: December 31, 2022 Billings Through:8/1/2017 2017-2018 2017-2018 Billings Amount % Task# Task 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 to Date Remaining..Complete 1—Monitoring&Reporting $71,000.00 75,000.00 113,991.00 82,886.00 87,030.00 ..._.... 2 Maintenance Support 34,000.00 35,070.00 36,824.00 38,664.00 40,598.00 1`ec coca mm 3 Assistance/Directed Services 10,000.00 10,500.00 11,025.00 11,576.00 12,155.00 ......_.. _.�:.__: ,570.00...161,840.00 133 126 00 _�-- Total $115,000.00 120IT 139,783.00 $0 00 $115 000 00 0/a F�___" „–,__„Total Contract Amount 2017-2022 $670,319.00 08/01/2017 L - 4 CH2 "M WILL CONSULTANT AGREEMENT 2016 Water System Plan Update Project Number WT01-2015 Date Agreement Authorized by City Manager: March 2, 2015 Date Amendment 01 Approved: December 2, 2016 Contract Expires: 12-31-2017 Billing Through:03/03/2017 Original Contract % Task# Task Amount Billings to Date RemainingComplete 1 1 Description of Water System $11,549.00 $9,363.60 $2,185.40 81 08% 2 lWater Use $12,077.00 $10,388.00 $1,689.00 86.01% 3 System Analysis $14,505.00 $13,992.00 $513.00 96.46% 4 WUE Water Ri hts System Reliability, and Interties $3,209.00 $2,756.00 $453.00 85.88% 5 Source Water Protection $8,161.00 $3,737.00 $4,424.00 45.79% 6 Operation and Maintenance Pro ram $4,149.00 $424.00 $3,725.00 10,22% 7 Design and Construction Standards $1,937.00 $848,00 $1,089.00 43.78% 8 Improvement Program $4,053.00 $2,756.00 $1,297.00, 68.00% 9 Financial Analysis $7,561.00 $4,946.00 $2,615,00 65.41% 10 Appendices $8,381.00 $5,995,00 $2,386.00 71.53% 11 Executive Summa $3,104.00 $0.00 $3,104.00 0.00% 12 1 Hydraulic Modeling $16,781.00 $15,264.00 $1,517.00 90.96% 13 Document Preparation and Reviews 13.1 Preliminar Draft $13,429.00 $4,522.00 $8,907.00 33.67% 13.2 Final Draft $12,202.00 $0.00 $12,202.00 0.00% 13.3 Final Plan $10,258.00 $0,00 $10,258.00 0.00% 14 Project Management and Accounting $18,644.00 $7,158.00 $11,486.00 38.39% TOTALSJ $150,000.001 $82,149.60 167,350.40 54.770/. 08/01/2017 L - 5 !-12 HILL 2013 Elwha Project Technical Engineering Services Date Agreement Authorized by City Manager: August 16, 2013 Original Agreement: August 16, 2013 Amendment No.1: October 11, 2013 Amendment No.2: October 31, 2014 Amendment No.3: December 26, 2014 Amendment No.4: March 11, 2015 Amendment No.5: December 21, 2015 Amendment No. 6: April 20, 2016 Amendment No. 7: August 05, 2016 Agreement Expires: December 31 , 2017 Billings Through:03/03/2017 Original Contract Amended Billings % Task# Task Amount Contract Amount to Date Remaining Complete 1 Elwha Consulting Assistance 1 $4,000.00 $258,500.00 $110,449,07F$148,050,931 42.73% 2 ]Directed Services 1 $1,000.00 $1,000.00, $0.00 $1,000.00 0.00% 3 Amendment 1 Assistance $0.00[______$11 5000.00 $14,208.51 L $791.49 94.72% Total Contract Amount $5,000.00 $274,500.00 $124,657.58 $149,842.42 45.41% 08/01/2017 L - 6 Herrera Environmental Consultants 2015 Elwha River Hydraulic Analysis and Remediation Contract approved by Council July 21, 2015 Amendment 1 approved January 7, 2016 Amendment 2 approved February 16, 2016 Amendment 3 approved December 02, 2016 Contract expires December 31, 2017 Billinqs to May 26, 2017 PSA-2015-4 on rac on rac on rac Original Amount Amount Amount Contract through through through Invoiced to Task# Task Amount Amend 1 Amend 2 Amend 3 Date Remaining %Authorized Background and Existing Time 1 Conditions Assessment $9,400 $8,000 $8,000 Extension $7,996.00 $4.00 99„95% Only 2 IField Invwest...i.. aonan_SP.o _ $_9,9_00 _$7.,0�00_ $7 000 _n24_58 $_6,75_4.12 _. ....$. 8 ,�.. 3.5_1_% 3 Re ortin, .. . 7 _. $10,000 8,778.76 $1,221.24 87,79% 4 Additional Support $4,000 $2,000 $56,000 $49,974.03 $6,025.97 89,24% 5 Intake Infrastructure Inspection $30,000 $28,019.26 $1,980.74 93.40% Totals $15,986.071 85,60% PW 0410_02 [Revised 81061 08/01/2017 L - 7 Printed 7/24/2017 City of Port Angeles HERRERA AGREEMENT, STORMWATER ENGINEERING/PLANNING SERVICES PSA -2015-5 Date Agreement Authorized by Council: April 21 , 2015 Agreement Expires: April 30, 2017 Billings Through: March 31 , 2017 briginai Contract Billings to Subtask# Description Amount Date Remaining % Complete 1.0 Preliminary Assessment of Codes and Policies $28,944.00 $28,87718 $66.82 100% 2.0 Draft Revisions to Applicable City Codes and $29,592.00 $29,452.53 $139.47 100% Policies 3.0 Planning Commission, UAC, City Council, and $16,532.00 $17,342.00 -$810.00 105% Public Outreach Support 4.0 Implementation Tools for the Development $34,173.00 $33,160.68 $1,012.32 97% Community 5.0 Project Management/Contract Administration $6,130.00 $6,488.42 -$358.42 106%I Total, Tasks 1.0-5.0 $115,371.00 $115,320.81 $50.19 100% 08/01/2017 L - 8 Herrera Consultant Agreement, Project OCA 2011 -03 Landfill Cell Stabilization Engineering Services Date Agreement Authorized by Council: December 9, 2011 Amendment No.1: March 13, 2012 Amendment No.2: June 19, 2012 Amendment No. 3: March 19, 2013 Amendment No. 4: July 16, 2013 Amendment No.5: November 19, 2013 Amendment No.6: January 21, 2014 Amendment No. 7: April 15, 2014 Amendment No. 8: December 29, 2015 Amendment No. 9: December 30, 2016 Amendment No. 10: December 29, 2016 Amendment No. 11: February 28, 2017 Agreement Expires: May 31, 2017 Billings Through:April 28, 2017 Contract Amount Included Amended Billings % Task# Task Amount to Date Remaining Complete 1 Preliminary Research and Sup orf $96,700.00 $96,634.37 $65.63 100% 2 Task 7-13 Construction Admin Services $300,060.0 $300,015.63 $44.37 100% Task 14-18 Project Management-30% 3 Design $1,171,011 $1,264,135.36 -$93,,124.36 108% Task 19-25 Project Management- 100% 4 Design $931,000 $913,270.73 $17,729.27 98% Task 26-31 Additional Refuse 5 Removal/Permittin $282,555 $212,105.92 $70,449.08 75% 6 Subtask 16.2, 16.3, &32 Permit/Monitoring $156,731 $41,233.54 $115,497.46 26% Task 33.1 & 33.2 Design Engineering 7 Services during Construction $426,000 $511,476.18 -$85,476.18 120% Total Contract Amount $3,364,057.00 $3,338,871.73 $25,185.27 99% 08/01/2017 L - 9 Kennedy/Jenks Consultants► Wastewater Utility Engineering Services Date Agreement Authorized by City Council: June 21, 2016 Agreement Expires: July 31, 2018 Billings Through: 4/28/2017 on rac mended i ings 10 0 Task# Task Amount Amount Date Remaining Complete ll 1 Survey Services $268,040.00L $162,928.20 $105,111.80 61% Totals $268,040.00 _ $162,928.20 $105,111.80 61% PW 0410_02 [Revised 08/06] 08/01/2017 L - 10 F(ITSAP COUNTY 2017-2019 Stormwater ILA Kitsap Outreach Date Agreement Authorized: May 30, 2016 Agreement Expires: December 31, 2019 2017 -2019 Stormwater ILA Kitsap Outreach Billings through: o� Task# Task TContractAmount 113illingslo Date Remaining Complete 1 2017 Stormwater ILA Kitsap Outreach $11,474.001 $0.00 0% 2 2018 Stormwater ILA Kitsap Outreach $11,474.001 $0.001 $11, 0% 3 1 2019 Stormwater ILA Kitsap Outreach $11,474.001 $0.00 $11,474.00 0% Totals $34,422.00 $0.00 $34,422.00 09/]- 08/01/2017 /08/01/2017 L - 11 Layne C ristensen Performance Testing of Ranney Well Date Agreement Authorized by City Manager: May 30, 2016 Amendment No. 1 -December 29, 2016 Agreement Expires: December 31,2017 Performance Testing of Ranney Well Billings through:12/16/16 Contract Amount %of Task# Task Contract Amount through Am(#1 Billings to Date Authorized 1 Performance Testing&Analysis Reporting $15,000.00 $30,000.001 $14,740.001 49% 15 009:00 $00"'000.00 $14,740.00 49%, 08/01/2017 L - 12 Northwestern Territories, Inc. PSA 2017 GeoTechnical Surveying+Inspection Services Date Agreement Approved by City Council:January 17,2017 Agreement Expires: December 31,2017 Billings Through: 6/20/2017 Contract i1� ongs .o Task# Task Amount Date Complete 1 WW03-08 Pump Station 3 Geotechnical Evaluation $20,000.00 $16,587.00 83% 2 02-1 treet tormwater Outfall Survey 5 0 $0.00 0% 3 Landfill Post Closure Surveying Support $5,000 $4,610.00 _ 92%11 4 Directed Services Engineering $10,000.00 $0.00 0% Totals $40,500.00 $21,197.00=;2:0/]. PW 0410_02 [Revised 08/06] 08/01/2017 L - 13 Robinsonnoble 2015 Hydrogeological Service Feasibility Study Date Agreement Authorized by City Manager: August $24,810.00 Amendment 1: November 24, 2015 $2,500.00 Amendment 2: May 18, 2016 $20,694.00 Amendment 3: December 04, 2016 $0.00 Agreement Expires: December 31, 2017 Billings Through 9/30/2016 Amended Original Contract Billings to Task# Task Amount Amount(1 & 2) Date Remaining % Complete, 1 Consulting Services $2,396.50 $48,004.00 $41,490.35 $6,513.65 86% Totals $2,396.50 $48,004.00 $41,490.35 $6,513.65 86% PW 0410_02 [Revised 8/06] 08/01/2017 L - 14 SargentEngineers, Inrc. 2015 Structural and Civil Engineering Services Date Agreement Authorizedr: October 06, 2015 Date Amendmend 1 Approved: February 8, 2017 Agreement Expires: December 31, 2018 Billings Through 07/31/2016 Amount Original through Billings to % Task# Task Amount Amendment Date Remaining Complete 1 Bridges Inspection $14,115.00 $38,248.00 $16,884.57 $21,363.4 44% Marine Drive Bridge Approach 2 Design $62,941.00 $62,941.00 $25,703.08 $37,237.92 41% 3 Direct Services $10,000.00 $20,000.00 $10,463.13 $9,536.87 52% 4 rancis Street Sewer Tres t e 4.00 2,924.00 Totals $87,056.00 $124,113.00$53,050.78 $71,062.22 61% PW 0410_02 [Revised 8/06] 08/01/2017 L - 15 Steve Schunzel 2016-2018 Database Management Date Agreement Authorized by City Manager: January 12, 2016 Date Option 1 Year Authorized: December 31, 2016 Agreement Expires: December 31, 2018 Billings Through: May 31, 2017 Original Contract Billings to Task# Descri tion Amount Date Remaining I Completed 1 2016- Base Year $4,000.00 $2,200.00 $1,800.00 55% 2 2017-Option Year 1 $4,000.00 $800.00 $3,200.00 20% 3 2018-Option Year 2 $4,000.00 $0.00 $0.00 0% Totals $12,000.00 $3,000.00 $1,800.00 25% 11 PW 0410_02 [Revised 08/06] 08/01/2017 L - 16 titrea 1 ee a rs Fecal Coliform Monitoring Clallam County Road Department/ Health & Human Services Department Date Agreement Authorized by Council: January 17, 2017 Agreement Expires: December 31, 2021 Billings Through: 05/15/16 Streamkeepers Fecal Coliform Monitoring Original Contract Billings to Task# Task Amount Date Remaining Completed 1 2017 Stream Water Quality Monitoring $16,000.00 $5,971.50 $10,028.50 37% 2 2018 Stream Water Quality Monitoring $16,000.00 0% 3 2019 Stream Water Quality Monitoring $16,000.00 0% 4 2020 Stream Water Quality Monitoring $16,000.00 0% 5 2021 Stream Water Quality Monitoring $16,000.00 0% Totals $80,000.001 $5,971.501 $10,028.50 7% 08/01/2017 L - 17 V n r Construction Management, Inc. CSO Phase 2 Construction Management Services Contract No. VW1110-08 Date Agreement Authorized by Council: May 12, 2014 Amendment No. 1: February 01, 2016 Amendment No. 2: October 25, 2016 Agreement Expires: June 30, 2017 Billings Through: 03/31/2017 Task # =Task .. on rac Amended AmounL Amount Billings to Date Remaining _11% Complete Phase 2 CSO, Project 1 WW1 0-08 $1,563,726.00 $ 2,079,825.00 $2,077,640.14 $2,184.86 99.9% Totals $1,563,726.00 $2,079,8= $2,077,640.14 $2,184.86 99.9% PW AW0digJ\7sed 8/061 L - 18 Westech Company PSA-2017-25 Environmental Consulting Services Date Agreement Approved by City Manager: July 11, 2017 Agreement Expires: December 31, 2017 Billings Through: None on ract Billings to % Task# Task Amount Date Complete 1 10th & M Street Wetland Determination $5,000.0011 $0.00 0% 2 Directed Services 5, $0.00 0% Totals $10,000.00 $0.00 0% PW 0410_02 [Revised 08/06] 08/01/2017 L - 19 P99 NGELES WASH I N GTO N, U. S. A. ,,„ 0000000ii0000ii� CITY COUNCIL MEMO DATE: August 1, 2017 To: City Council FROM: WILLIAM BLOOR,CITY ATTORNEY SUBJECT: Open Public Meetings — Comments Regarding Ballot Measures and Campaigns Summary: State law prohibits City officials from using or authorizing the use of any part of an open public meeting to assist an election campaign or promote or oppose a ballot proposition. To ensure compliance, City officials should advise members of the public that public comment segments of City Council meetings are reserved for comments on issues related to city business; comments related to election matters are prohibited. Funding: N/A Recommendation: Discuss the obligations of City officials under RCW 42.17A.555. Background/Analysis: Subject to a few narrow exceptions, state law prohibits City officials and employees from using or authorizing the use of any public facilities for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition (RCW 42.17A.555). The Public Disclosure Commission, which is the agency that enforces state campaign law, interprets "public facilities” to include open public meetings of the City Council. And, the public comment segments of Council meetings are not among the exceptions to the law prohibiting use of public facilities for campaigning. Therefore, the public comment segments of City Council meetings should not be used as a platform where members of the public advocate for or against election matters. The potential penalty for violating RCW 42.17A.555 is a fine up to $10,000. Based on guidance from the Public Disclosure Commission, the following actions are recommended to ensure compliance with RCW 42.17A.555: 08/01/2017 L - 20 1. Include on the council meeting public comment sign-up sheet a notice informing members of the public that public comments concerning candidates and ballot propositions are prohibited. The notice should read as follows, or language to similar effect: Notice to all participants: State law prohibits the use of public facilities to assist a candidate's campaign or to proinote or oppose a ballot proposition. The public connnent segments of City Council meetings are "p ublic facilities" and cannot be used to assist a candidate's campaign or to proinote or oppose a ballot proposition. The public coininent segments of City Council meetings are reserved for connnents on issues related to official City business and cannot be used to discuss election campaign issues. 2. The Mayor, or official presiding over the meeting, should read the notice aloud prior to each public comment segment of a City Council meeting. 3. 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