HomeMy WebLinkAboutAgenda Packet 12/17/2019December 17, 2019 Port Angeles City Council Meeting Page 1
DECEMBER 17, 2019
City of Port Angeles Council Meeting Agenda
City Council Chambers, 321 East 5th Street
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. The Mayor will determine time of break. Hearing devices are available
for those needing assistance. The items of business for regular Council meetings may include the following:
A. Call to Order – Special Meeting at 4:00 p.m. –
4:00-4:00 p.m. – Discuss Council Candidate Questions
4:30-5:30 p.m. – Interview Candidates
5:30-5:55 p.m. – To hold a closed Executive Session under authority of RCW 42.30.110(1)(h), to review the qualifications of a
candidate for appointment to elective office.
5:55-6:00 p.m. – Council Appointment
Call to Order – Regular Meeting at 6:00 p.m.
B. Roll Call, Pledge of Allegiance
Ceremonial Matters, Proclamations & Employee Recognitions
1. Swearing In of New Council Member
2. Recognition of Outgoing Council Members
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 Publi c
Comment period and shall be concluded not later than 9:45 p.m. for the second Public Comment period. Individuals may speak
for three 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 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. Expenditure Report: From November 23, 2019 to December 6, 2019 in the amount of $358,174.85 / Approve ............ E-1
2. Sublease Agreement – Shared Storage Facility / Approve .............................................................................................. E-3
3. PSA-2019-11 Water System Modeling Support – Contract Amendment 01 / Approve .................................................. E-6
4. 2020-2021 Humane Society Services Agreement / Approve ........................................................................................... E-14
5. Stormwater Capacity Grant Agreement between Department of Ecology & City WQSWCAP-1921-PoAnPW-00101 /
Approve............................................................................................................................................................................ E-26
6. Resolution Ratifying a Declaration of Emergency – Round Tree Road Water Main Repair / Pass Resolution .............. E-47
7. Amendment to Water Contract between City of Port Angeles and McKinley Paper Co / Approve. ............................... E-50
F. Public Hearings | 6:30 p.m. or Soon Thereafter ................................................................................................... None
December 17, 2019 Port Angeles City Council Meeting Page 2
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to
receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may
choose to seek public opinion through the public hearing process.
G. Ordinances Not Requiring Council Public Hearings
1. Proposed Adjustments to the Industrial Transmission 2020 Utility Rates / Conduct 1st Reading / Waive 2nd Reading / Adopt
Ordinance ........................................................................................................................................................................ G-1
2. Correction to Previously Adopted Municipal Code Amendments to Increase Residential Building Capacity and Housing
Diversity (PZ Application No. 19-67) / Conduct 1st Reading / Waive 2nd Reading / Adopt Ordinance .......................... G-10
H. Resolutions Not Requiring Council Public Hearings
1. Port Angeles School District Proposition 1 Resolution for and Against / Discussion ..................................................... H-1
I. Other Considerations
1. Legislative Priorities / Discussion ................................................................................................................................... I-1
2. Lodging Tax Advisory Committee Event Grant Recommendations / Information will be presented at the meeting
3. Council Committees, Council Community Outreach, and Council Compensation / Discussion .................................... I-5
J. Contracts & Purchasing
1. Peabody Creek Culvert – Professional Services Agreement PSA-2019-42 & Creek Presentation / Approve ................. J-1
2. Medical Equipment Purchases / Approve ........................................................................................................................ J-46
K. Council Reports
L. Information
City Manager Reports:
1. City Landscape Standards and Tree Stewardship as Referenced in the Strategic Plan.................................................... L-1
2. AIA / Update
3. Strategic Plan End of Year Update .................................................................................................................................. L-3
4. 2019 Annual Building Report .......................................................................................................................................... L-5
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 Publi c
Comment period and shall be concluded not later than 9:45 p.m. for the second Public Comment period. Individuals may speak
for three 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 minutes (Council Rules of Procedure Section 12).
Adjournment
LaTrisha Suggs
Position: Letter of Interest, Vacant Port Angeles City Council Seat 1835 W 6th
Port Angeles,
WA, 98363
Profile
I am a dynamic, grounded, dependable, honorable, and trustworthy hard worker. I strive to make decisions based on what
is best for the whole group. I enjoy my job with Jamestown S’Klallam Tribe, as the Restoration Planner, I have been in the
position for 2 years. This is an opportunity for me to present myself, a local enrolled native applicant, with necessary tools
to engage as a team.
I worked almost 16 years for Lower Elwha Klallam Tribe in environmental policy and planning. My job allowed me to
develop and implement strong strategic business practices. I gained negotiation skills utilized for developing design and
construction contracts, Annual Funding Agreements and Memorandum of Understandings. I acquired over 14 years of
coordination skills with Washington State Congressional offices and staff to carry out requirements of the Elwha Fisheries
and Ecosystem Restoration (EFERA) Act. The Elwha River Restoration office established TERO language for construction
projects in both Tribal and Federal contracts. I gained experience participating in the update of the supplemental
environmental impact statement (SEIS), participated in the Joint Aquatic Resource Permits Application (JARPA) process,
and managed a multi-million dollar budget for tasks required under annual funding agreements. My job required
participation in weekly construction meetings over a period of 4-5 years for the hatchery, levee, and wastewater facility.
I have accumulated 10 years of supervisory experience managing design, construction and Title III contracts. I co-
supervised the Tribes revegetation crew from 2002 through 2011. I provided administrative support required by annual
funding agreements and stimulus funding reporting requirements, updated job descriptions, set up interviews, and coordinate
new hire positions for job openings on the crew.
I have experience coordinating and working with Tribal departments, staff and volunteers. Below is a list of notable events
listed chronologically. Through these events I have shown the ability to foster success and leadership skills. In 2005, I was
on the Paddle to Elwha committee and coordinated approximately 68 vendors for this event. In 2006 the National Park
Service/ONP in conjunction with the Tribe hosted a salmon bake event for the National Leadership Council, over 100 people
attended. In February 2010 the hatchery ground breaking event had 300 people in attendance. In 2011 the Tribe hosted
signature events to celebrate dam removal. Through coordination of the committee a formal dinner Gala/Higher Education
Fundraiser, a signature event, kicked started dam celebration events raised just over $10,000 dollars for higher education.
The Heritage Center hosted an art exhibit focusing on the Elwha River, and on Saturday the Tribe hosted a community event
at the Tribal Center. I coordinated the first “Meet and Greet” event at Camaraderie and continued the event for 4 years.
This event brought together local leaders at the Port, County, and City. I coordinated the new fish hatchery naming contest
and commissioned several pieces of art work to be owned by the Tribe.
My proudest accomplishment was the development of the Elwha Sciences Education Program in conjunction with
University of Western Carolina, Nature Bridge, and NPS. The project has been positively received by the community. This
project was first developed in 2005 and ran continuously through 2016. In the beginning this was a year round program.
After 4 years, and due to funding, the program became a resident summer camp for middle school and high school program.
I coordinated the volunteer Elwha Science Education committee, where we worked to recruit students, follow-up with
recruitment, and established cultural field trips such as cedar bark harvesting or measure snow levels at hurricane ridge pri or
to summer resident camp. Middle school camp reached at its max 30 student s and high school camp would have up to 20
students. I wrote grants to the BIA to fund the Elwha Science Education program, and received funding 3 times to continue
the program. Other funding sources included the National Park Service, and Olympic Park I nstitute. The Tribe also
contributed to funding the program for one year. I implemented this program successfully for 11 years prior to my departure.
Outside of my job I am a member of the Jamestown S’Klallam Tribe health committee. This position allows me to
understand issues faced by Tribal Heath clinics. I am also a board member for the Jamestown Economic Development
Authority, and a committee member of the Jamestown Cannabis Committee. I was a licensed Native foster home for about
10 years, and understand issue with ICWA. Due to my experience as a licensed foster home I am better informed regarding
the foster care program, its strength and weaknesses, how to encourage and provide support for existing licensed homes and
promoting the need for qualified native homes. As a single parent of three kids I understand the struggles faced being a
single parent.
I would make a strong asset to the City Council not only because of my experience, but because of my desire and love for
our community. Considering me for the position will bring a person on board that is familiar with local, state and federal
jurisdictions, the challenges, desires, and goals of the community. During my time with the Tribe I established healthy
working relationships with staff from all the departments. I am dedicated to the long term success of the city of Port Angeles,
local business, environmental protections, and citizens. I can hit the ground running with minimal training. I have the
desire to continue to move the City in a forward thinking manner and become proactive rather than reactive. I imagine
strong economic opportunities unique to this area, affordable housing, improved access to needed health care services,
improved access to services to reduce homelessness, strengthening Tribal partnerships, and protection of environmentally
sensitive areas.
Experience/Employement
Employment:
1985-1996 I have held numerous jobs since I was 15.5 years old such as working for Department of
Transportation picking up litter along the highway, Burger King in Port Angeles, Naturalizer
Shoes in Bellevue, a pet store in Bellevue, a telemarketer in Bellevue, Drive-In Pharmacy in Port
Angeles (No longer in Existence), JC Penney’s in Port Angeles.
1996-1999 Doubletree by Hilton Hotel (formerly Redlion/Radisson Hotel)
83 East 120th Ave, Northglenn, Co, 80233
Supervisor: Trevor Nash (No longer employed at this location)
1998-1999 Temp Agency as a Dental Assistant, worked for numerous dental offices
through-out Denver and Boulder area for about one year.
1999-2001 State Farm Insurance, Ray Gruver’s Office
210 E 7th, Port Angeles Washington 98362
(Work) 360-457-4567,
Supervisor: Ray Gruver
Position: Insurance Customer Service Rep
1999-2016 B&E Orthodontic Laboratory
122 W 5th St, Port Angeles, WA, 98363
(Work) 360-452-8259
Supervisor: Bart Eyckman
Position: Lab Technician
2002-2016 Lower Elwha Klallam Tribe
2851 Lower Elwha Rd, Port Angeles, WA 98363
(Work) 360-452-8471
Supervisor: Rob Elofson
Position: Assistant Director for Elwha River Restoration Department
2016-Current Jamestown S’Klallam Tribe
1033 Old Blyn Hwy
Sequim, WA, 98382
Supervisor: Randy Johnson
Position: Restoration Planner
Internship:
2001-2002 Clallam County Community Development
Researched on-site septic systems along the Dungeness river tributaries and prepared a report on
potential systems of concern. Dungeness area experiences a high rate of closed shellfish beds due
to high fecal coliform. My research helped to contribute to a better understanding of on-site
septic system needs and policy guidance towards education of systems.
Skills
• Computer programs: MS Word, Excel, Access, Accu Fund, ArcMap 10.6, Photoshop, Power
Point, Microix, ADP, eCivis grants Network, Adobe Acrobat/Reader, Outlook, Publisher,
Sharepoint,
• Proficient at typing and 10 key touch and typing
• Knowledgeable on using office equipment (copier/fax/PDF/email, multi-line phone, table top or
laptop computers)
• Knowledgeable on Tribal Self Governance
• Experience interacting with Congressional Delegation, County Commissioners and City of Port
Angeles Council, and development of White Papers
• Through my position at Lower Elwha I have worked directly with Legal Counsel for almost 16
years.
• Administrative experience gained working for State Farm Insurance and for Lower Elwha Klallam
Tribe.
• Over 10 year’s supervisor experience. (see my profile above: Elwha Science, Contractors, and
Revegetation Crew)
• Land Acquisition experience (appraisals, environmental analysis, review appraisal, site mitigation,
negotiations, and closing experience)
• 18.5 years working for Tribal Government in Natural Resources
• 1 year internship with Clallam County
• Report Writing to meet grant requirements and or funding requirements
• Developed Draft Conservation Stewardship Plan for Jamestown S’Klallam Tribe
• Budget Development for O&M of levee, hatchery and Wastewater
• 15 year experience formulating Annual Budget Development for Elwha Restoration Office
• Proven ability to foster success as a leader
• Self-motivating
• Grant Writing & Grant Management Experience (BIA, WA State RCO and DOE)
• Ability to work within and maintain healthy department budgets.
• Ability to engage and connect with people
• Ability to find solutions for success
• Ability to think outside the box, remain focused on the issue that needs solved.
• I am a familiar face for Tribal staff, local, state and Federal entities, which allows me to connect
with those in the organization or those we are working with immediately.
• Ability to communicate both verbally and written.
• 280 hours of Federal Acquisition Training (See Certificates Below)
Education/Certificates
Education:
• 1990-1992 Peninsula College
• 1996-1998 Westminster Community College
Associates of Science Degree
(Transferred Grades to Peninsula College)
• 1998 Peninsula College
Associates of Arts Degree
• 1998-2001 Western Washington University/Huxley Program
Bachelors of Arts in Environmental Policy and Planning
• 2018 Photoshop classes at Peninsula College
Certificates:
• 2002 Certificate of Completion, Contracting for Contracting Officer Technical
Representatives, 40 hours of Training.
• 2002 Certificate of Training/Completion, Introduction to Federal Contracting, 40 hours
of training.
• 2003 Certificate of Completion, Negotiation Techniques in Government Contracting, 40
hours of training.
• 2003 Certificate of Training/Completion, Acquisition/Procurement Planning I, 80 hours
of training.
• 2003 Certificate of Training/Completion, Contract Formation I, 40 hours of training.
• 2003 Certificate of Training/Completion, Contract Administration I, 40 hours of training.
• 2006 Self-Governance Training, by Charles Wilkinson Law Professor 16 hrs
• 2007 Potlatch Fund, Certificate of Completion, The Journey to Successful Fundraising
• 2007 Certificate of Award, Furthering Goals of Tribal Credit Program, volunteering as
an instructor, Horizons Committee
• 2007 Certificate of Award, Volunteering your time as a guest speaker during Career
Day
• 2007 Certificate of Participation, Elwha on the Move, Paddle to Tahiti
• 2008 FEMA IS-00100.a-Introduction to the incident command system
• 2008 FEMA IS-00200.a-ICS for Single Resources and Initial Action Incidents
• 2008 Falmouth Institute, Certificate of Training, Budgeting for Performance and
Results for Tribal Organizations
• 2008 Native American Resources, Certificate of Completion, Supervisory Skills for
Managers of Tribal Programs
• 2011 Certificate of Appreciation, Recognition of valuable contributions to LEKT for
department most likely to work after hours.
• 2011 Certificate of Appreciation, for at least 9 years of employment
• 2013 Public Service Commendation, U.S. Dept of Commerce Economics and Statistics
Administration, U.S. Census Bureau
• 2018 ALICE Training (Active Shooter Training)
/► The City of Port Angeles DEC 2 2019
City Council Application CITY OF PGR 1 ANGPLPA
U1 I Y ULE 3K
City Council Application
Applicant Name and General Information
Matthew S Rainwater
First MI Last
536 W. 3rd ST Port Angeles, Wa. 98362
Address City State Zip
Home phone Work phone Cell phone
rh2oh2@gmail.com
E-mail address
Certification and Location Information
Yes or No
Are you employed by the City of Port Angeles?................................................................................................................................................................................Yes
CM
Are you a citizen of the United StatesZ............. ........ _.......... _........ ...................... ................................Yes No
Areyou a Registered Voter?...................................................................-........................................................................................................................................................... 'es No
Areyou a City resident?....._ .............. ... ..... .................................... .................... ,..................... :.........._....... _........... ® No
Ifso, how lain .. . .................. _-__.......... ... ..... _.............. _..... _............ _....... _......................................................... 11 Years
Doyou own/manage a business in the City?..........................................................................................................................................................................................Yes No
Do you hold any professional licenses, registrations or certificates in any field? ........................... _............................................................... Yes No
If so, please list:
Are you aware of any conflict of interest which might arise by your service on the City Council? If so, please explain:
� The City
of Port Angeles
I- Citv Council ApOication�
IF
Work or Professional Experience - List most recent experience first, or attach a resume
US Border Patrol
Employer
Protect and defend the borders of the United States, as well as enforce all applicable federal laws.
Brief job description
US Army
Employer
Protect and defend the United States from all enemies foreign and domestic.
Brief job description
Employer
Brief job description
Education — List most recent experience first
Carrollton High School
Yes Vo
Institution/Location
Degree earned/Major area of Study Graduated?
Yes No
Institution/Location
Degree earned/Major area of Study Graduated?
Yes No
Institution/Location
Degree eamed/Major area of Study Graduated?
Charitable, Social and Civic Activities and Memberships — List major activities you have participated in
during the last five years
Pennies For Quarters: We are building transitional housing for the homeless veterans in our area.
Organization/Location
Group's purpose/objective
am the president and founder
Brief description of your participation
Port Angeles Business Association
Business Advocacy/Networking
Organization/Location
Group's purpose/objective
2017 Board Vice President, 2018 Board President
Brief description of your participation
The Ci of Port Angeles
g
Cit
y Council Application
Questions
1. Why are you interested in serving on the Port Angeles City Council?
I believe the potential for the city's future is great, and I want to be a part of the management of
the arowth. I believe the City Council needs to have a variety of viewpoints on it. Too often we get into an
"echo chamber" and only listen to those who agree with us. It is by having a diversity of view points where
we can achieve the greatness this city is capable of.
2. What is your background or experience do you think would help you in serving on the City Council?
have been responsible for the management of millions of dollars worth of assets as part of my current job.
Also, as the founder of a nonprofit I understand the need for cooperation and building partnerships to
achieve a common goal. It would be my goal to help the city manage its growth efficiently, while reflecting
the values of all of its citizens.
3. What is your understanding of the responsibilities of the City Council?
The purpose of the City Council is to strive to reach the full potential of its citizens. I belive it does
that by ensuring laws are enforced, regulations are limited to only what is needed, taxes are minimized,
and by empowering its citizens to be able to reach their fullest potential. We must also allow for growth,
and promote it, by not over regulating it, while ensuring our environment is not trampled on.
4. Please fee free to add any additional comments you wish to make regarding your application.
See attached.
12- r2 /
tpp icaut Signature Date
Submit completed forms to: Office of the City Clerk Kari Martinez -Bailey
City of Port Angeles 360-417-4634
321 East 5' Street kmbailey@cityofpa.us
Port Angeles, WA 98362
In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation,
please contact the City Manager's Office at 360-417-4500 so appropriate arrangements can be made.
This document and all attached information is considered a public record and may be distributed to members of the City
Council for appointment consideration. Additionally, it may become a part of a City Council packet.
Matthew Rainwater
536 W. 311 St.
Port Angeles, Wa. 98362
rh2oh2@gmail.com
December 2, 2019
Port Angeles City Council
City of Port Angeles
321 East 5th St.
Port Angeles, Wa. 98362
Dear Mayor Bruch, Deputy Mayor Dexter and Councilmembers,
I am writing you today to express my interest in being appointed to the Port Angeles City Council, filling
the seat left vacant by the passing of Jim Moran.
The loss of Jim's voice on the City Council will be felt for years to come. Due to his experience as a
Veteran, and all his work in the community through his volunteer efforts, he had a unique perspective
on the needs of the community. His ability to voice those concerns and urge practical solutions to issues
facing the citizens of Port Angeles should not be forgotten.
know I would not be able to fill the incredibly big shoes left vacant by Jim. However it is my desire to be
a likeminded voice in his seat. As an Army Veteran with a daughter currently serving in an Active Duty
Status with the United States Marines, I would continue to bring that perspective to the council.
Furthermore, as the former president of the "Light up the Lincoln" theater project and the
founder/president of "Pennies for Quarters" while working a fulltime job. I feel I am well suited to
continue the voice of Jim's love for this community and volunteering to help all those that live here.
Throughout my life, my jobs have all reflected my desire to serve, and to serve by leading. It is my hope
to continue that servant leadership and to work with all people, from all walks of life, to make where we
live the greatest it can be. With all the challenges facing our community, I know that, by working
together, we can overcome them and provide the means for Port Angeles to not only grow, but to
thrive.
Respectf
Matthew Rainwa er
Port Angeles, Wa.
The City of Port Angeles
Citv Council ADolication
City Council Application
Applicant Name and General Information
First
Last
DEC
Address City State Zip
Home phone Work phone Cell phone
s (. tU-c— Cu
E-mail address
Certification and Location Information
6 2019
Yes or No
Are you employed by the City of Port Angeles?.__...._.._..,_"..W__..,:. . Yes No
Are you a citizen of the United States? ._:::_.- _:_........._... W..W:_.._ ...-_ ___._... _ _ _�.._ _ _--_---_.._ Yes No
Are you a Registered Voter?. ................. ..........__ , ......W.,..__ _.._ .. _::...: _:::_.:..w Ycs No
Are you a City resident?._._ ..Yes No
If so, how long. 410 t Y_( S
Do you. own/manage a business in the City?..........................................................................................._........----........_. _._... ----- - ----- __ - - ,_----- Yes Nfl
Do you hold any professional licenses, registrations or certificates in any field?....... ____.._....__.._ ._...___Yes No
If so, please list:
Are you aware of any conflict of interest which might arise by your service on the City Council? If so, please explain:
! I �. fa M MZFIIZI�A��
iThe'City��U--r! of Port Angeles
ilrCit Council Application
Work or Professional Experience - List most recent experience first, or attach a resume
Employer
L . O< ,0n J
Brief job description 1
Employer
J �- l` V
Brie[fjjobJ�description l
►1 J1 ��-V CJS C)D ��
Employer
-T rvL,�t 0 Ss� ) Q -
Brief job description
Education — List most recent experience first
Graduated?
el IN' _ CO 1 Yes No
Institution/Location Degree earned/Major rea of Study Graduated?
lkSno-�e—s Yes No
Institution/Location Degree earned/Major area of Study Graduated?
Yes No
Institution/Location Degree earned/Major area of Study Graduated?
Charitable, Social and Civic Activities and Memberships — List major activities you have participated in
during the last five years
Organization/Location
Group's purpose/objective
Brief description of your participation
Organization/Location Group's purpose/objective
Brief description of your participation
A
Questions
1. Why are you
The City of Port Angeles
City Council Application
in serving on the Port Angeles City Council?
bi C
wnat is your nacxgrouna or experience (to you tnmx woula neap you in serving on the city UouncllY
3. What is your understanding of the responsibilities of the City Council?
G
4. Please fee free to add any additional comments you wish to make regarding your application.
1 In; S
Applicant Signatt4e Date
Submit completed forms to:
Office of the City Clerk
City of Port Angeles
321 East 5"' Street
Port Angeles, WA 98362
Kari Martinez -Bailey
360-417-4634
kmbailey@cityofpa.us
In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation,
please contact the City Manager's Office at 360-417-4500 so appropriate arrangements can be made.
This document and all attached information is considered a public record and may be distributed to members of the City
Council for appointment consideration. Additionally, it may become a part of a City Council packet.
Michael Merideth
3929 Solar Ln
Port Angeles WA 98362
December 3, 2019
City Clerk Office
City of Port Angeles
321 E. Fifth Street
Port Angeles, WA 98362
Attn: Kari Martinez -Bailey, City Clerk
Dear Ms. Martinez -Bailey,
RE: Letter of Interest
DEC 6 209
Y OF i�iORT Ai�GELES
r.IYY ME -RK
I would like to be considered for the open position (#1),
vacated by my colleague, the late Mr. Moran.
As you know, I have been on the city council for the last four
years. This makes me uniquely qualified. It would simply extend
my position on the council for the two years remaining on Mr.
Moran's term.
As a current city councilmember, I understand the issues,
procedures, and have the experience that any other incoming
candidate would surely lack. I am the best candidate for the
position, and want to continue my service to our community.
In the last four years I have established a good relationship
with staff. And, most important, I have an excellent rapport
with the community. I believe my continuing on for two more
years would benefit our community with a sense of secure
leadership with four seasoned councilmembers at the helm.
Thank you for your time and consideration.
Sincerely,
M a__k�
Michael Merideth
li
I
ORT NGY
LES
�' WAS H I N G TO N, U. S. A.
MEMO
December 17, 2019
Finance
Department
We, the undersigned City Officials of the City of Port Angeles, do hereby
certify that the merchandise and/or services herein specified have been
received and that these claims are approved for payment in the amount of
Sarina Carrizosa
Finance Director $358,174.85 this 17th day of December, 2019.
Trina McKee
Senior Accountant
MarySue French
Senior Accountant Mayor City Manager
Linda Kheriaty
Financial Systems Analyst
Melody Schneider
Management Accountant
Micah Rose
Financial Analyst
Jane Perkins
Payroll Specialist
Julie Powell
Accounting Technician
Jason Jones
Accounting Technician
Nicole Blank
Administrative Analyst
Kathyellen Haney
Customer Services Manager
Tracy Rooks
Utility Billing Specialist
City of Port Angeles
City Council Expenditure Report
Between Nov 23, 2019 and Dec 6, 2019
Vendor Description Account Number Amount
MISC TRAVEL BRAUDRICK-PAW BOOTCAMP 001-4060-558.43-10 296.50
Planning Division Total:$296.50
Community Development Department Total:$296.50
MISC TRAVEL B SMITH-WASPC CONF 001-5010-521.43-10 82.50
MALONE-WASPC CONF 001-5010-521.43-10 156.00
Police Administration Division Total:$238.50
MISC TRAVEL ARAND-INTERVIEWS CASE 201 001-5021-521.43-10 16.50
DROPP-FAA DRONE CERT 001-5021-521.43-10 387.07
Investigation Division Total:$403.57
Police Department Total:$642.07
General Fund Fund Total:$938.57
MISC TRAVEL COLEMAN-TYLER NW USER GRO 107-5160-528.43-11 60.00
CRAIG-STATE E911 ADVISORY 107-5160-528.43-11 165.80
HOMAN-TYLER NW USER GROUP 107-5160-528.43-11 121.28
Pencom Division Total:$347.08
Pencom Department Total:$347.08
Pencom Fund Total:$347.08
MISC TRAVEL NICHOLS-NWPPA ADMIN TRAIN 401-7180-533.43-10 115.50
Electric Operations Division Total:$115.50
Public Works-Electric Department Total:$115.50
Electric Utility Fund Total:$115.50
MISC TRAVEL DIVELBISS-EFFLUENT SAMPLE 403-7480-535.43-10 17.75
RICHMOND-EFFLUENT SAMPLE 403-7480-535.43-10 17.75
WALDRON-EFFLUENT SAMPLE D 403-7480-535.43-10 17.75
Wastewater Division Total:$53.25
Public Works-WW/Stormwtr Department Total:$53.25
Wastewater Utility Fund Total:$53.25
MISC TRAVEL SAGE-DELIVER GROUNDWATER 404-7585-537.43-10 13.75
PAYNTER-PICK UP PARTS FOR 404-7585-537.43-10 13.75
PAYNTER-RETURN PARTS TO H 404-7585-537.43-10 13.75
SAGE-DELIVER LEACHATE SAM 404-7585-537.43-10 13.75
Solid Waste-Landfill Division Total:$55.00
Public Works-Solid Waste Department Total:$55.00
Solid Waste Utility Fund Total:$55.00
MISC TRAVEL BRADLEY-WA ST PLAN REVIEW 406-7412-538.43-10 13.75
Page 1 of 2 Dec 11, 2019 8:53:00 AMDecember 17, 2019 E - 1
City of Port Angeles
City Council Expenditure Report
Between Nov 23, 2019 and Dec 6, 2019
Vendor Description Account Number Amount
MISC TRAVEL VESS-WA ST PLAN REVIEW TR 406-7412-538.43-10 13.75
Stormwater Division Total:$27.50
Public Works-WW/Stormwtr Department Total:$27.50
Stormwater Utility Fund Total:$27.50
MISC TRAVEL KAJFASZ-CLASS-LIGHT/HUMAN 421-7121-533.43-10 75.25
Conservation Division Total:$75.25
Public Works-Electric Department Total:$75.25
Conservation Fund Total:$75.25
HSA BANK Service Fee 503-1631-517.41-50 332.50
PAYROLL SUMMARY 503-1631-365.90-20 3,000.00
Other Insurance Programs Division Total:$3,332.50
Self Insurance Department Total:$3,332.50
Self-Insurance Fund Total:$3,332.50
AFLAC PAYROLL SUMMARY 920-0000-231.53-11 192.31
PAYROLL SUMMARY 920-0000-231.53-12 836.16
EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 19,260.98
FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 90,639.86
FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 82,682.96
HSA BANK PAYROLL SUMMARY 920-0000-231.52-40 4,496.41
ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 21,345.66
JOHN HANCOCK LIFE INSURANCE
CO
PAYROLL SUMMARY 920-0000-231.52-25 1,647.90
LEOFF PAYROLL SUMMARY 920-0000-231.51-21 29,213.55
OFFICE OF SUPPORT
ENFORCEMENT
PAYROLL SUMMARY 920-0000-231.56-20 253.84
PERS PAYROLL SUMMARY 920-0000-231.51-10 1,353.44
PAYROLL SUMMARY 920-0000-231.51-11 15,628.67
PAYROLL SUMMARY 920-0000-231.51-12 85,678.46
Division Total:$353,230.20
Department Total:$353,230.20
Payroll Clearing Fund Total:$353,230.20
Total for Checks Dated Between Nov 23, 2019 and Dec 6, 2019 $358,174.85
Page 2 of 2 Dec 11, 2019 8:53:00 AMDecember 17, 2019 E - 2
Date: December 17, 2019
To: City Council
From: Brian S. Smith, Chief of Police
Subject: Sublease Agreement-Shared Storage Facility
Background / Analysis: This shared facility and sublease cooperative arrangement has been in effect
between the Clallam County Sheriff and the Port Angeles Police Department for over 5 years. This
agreement renews the prior agreement and maintains existing terms. It benefits both the Sheriff’s
Department and the Police Department to store certain property and evidence items in o ne location. The
Police Department does not have an alternative location that is feasible given the requirements for onsite
security and monitoring, accreditation standards and cost.
Funding: Account 001-5022-521-49.90 has in the 2020 budget the amount of $8,010.60 to cover this
expense. This is identical to the amount that was budgeted in 2019. The Police Department pays the
Clallam County Sheriff once a year for the use of this shared storage facility.
Summary: The Clallam County Sheriff has leased a 7,000 square foot facility and the Police Department
occupies 1/3rd of the space per a prior agreement. The City has sublet from the County at a rate of $667.55
per month. This agreement renews the sublease and existing terms through December 31, 2020. The
utilities are paid by the County. The County maintains custody and control over all property and vehicles
maintained at the facility. The Police Department has access to the facility upon coordination with the
Sheriff’s Office Property and Evidence Manager or Chief Civil Deputy.
Funding: The Police Department has in the 2020 City Budget in account 001-5022-521-49.90 the
amount of $8,010.60 (which is the annual cost of the space allocated to the Police Department).
Actions: N/A
Recommendation: Authorize the City Manager and Chief of Police to sign the sublease agreement
with Clallam County.
December 17, 2019 E - 3
SUBLEASE
BETWEEN
CITY OF PORT ANGELES and CLALLAM COUNTY
SHARED STORAGE FACILITY
THIS AGREEMENT is entered into this ____ day o f __________, 2019, by and
between the City of Port Angeles, a municipal corporation of the State of Washington
(hereinafter referred to as “City”) and Clallam County, a political subdivision of the State
of Washington (hereinafter referred to as “County”).
THE PURPOSE OF THIS AGREEMENT IS TO memorialize the terms under
which the County will sublet a portion of a leased warehouse to the City for the purpose of
co -locating property and vehicle storage.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT:
LEASE
The County Sheriff’s has leased a 7,000 square foot facilit y and the City will occupy 1/3rd
of the space. The City will sublet from the County at a rate of $667.55 per month for the
period of January 1, 2019 through December 31, 2020. The utilities will be paid by the
County. The County will maintain custody and control over all property and vehicles
maintained at the facility. The City will have access to the facility upon coordination with
the Sheriff’s Office Property and Evidence Manager or Chief Civil Deputy.
INDEMNIFICATION
The City will defend, indemnify and hold harmless the County, its officers, employees, and
agents from and against any and all costs, claims, demands, judgments or awards of
damages arising out of or in any way resulting from the negligent acts or omissions of the
City, its officers or employees in performing this agreement.
Likewise, the County will defend, indemnify and hold harmless the City, its officers,
employees, and agents from and against any and all costs, claims, demands, judgments or
awards of damages arising out of or in any way resulting from the negligent acts or
omissions of the County, its officers or employees in performing this agreement.
DURATION
This Agreement shall be in effect for the period of January 1, 2019 through December 31,
2020.
CONTACT PERSONS
The City and the County will each appoint a representative who will be responsible for the
administration of this Agreement. Unless otherwise designated in writing, the City contact
person will be the City’s Chief of Police. The County contact perso n will be the Sheriff’s
Office Chief Civil Deputy.
COMPENSATION
The City has appropriated that public funds be expended to meet this storage need. The
source of funds is the City budget. Funds for payment of services to be rendered under this
agreement will be available for this purpose. The County will not be obligated to perform
services, for which timely payment is not received.
December 17, 2019 E - 4
The City will provide a Payment Authorization Form releasing the County from the need
to send a monthly invoice. Payment will be submitted to the County automatically once a
month as per the Agreement amount.
AGREEMENT ALTERATIONS AND AMENDMENTS
The City and the County may mutually amend this agreement. Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind the City
and the County.
TERMINATION
Except as otherwise provided for in this agreement, either party may terminate this
agreement upon thirty (30) days written notice. If this agreement is so terminated, the
terminating party shall be liable only for performance rendered or costs incurred in
accordance with the terms of this agreement prior to the effective date of termination. In
the event of termination, the parties agree that any property acquired in connection with
this agreement shall remain the property of the party who acquired such property.
DISPUTE RESOLUTION
In the event that a dispute arises under this agreement, it shall be determined in the
following manner:
The City shall appoint a member to the Dispute Board. The County will appoint a member
to the Dispute Board. The City and the County will jointly appoint a member to the Dispute
Board. In the event the City and County are not able to jointly agree on a third member to
serve on the Dispute Board, either party may petition the Superior Court for Clallam
County to appoint a third member to the Dispute Board. The Dispute Board shall evaluate
and adjudicate the dispute. The determination of the Dispute Board shall be final and
binding on the parties hereto.
COMPLETE EXPRESSION
This agreement, and any written attachments or amendments thereto, constitutes the
complete agreement of the parties and any oral repr esentations or understandings not
incorporated herein are excluded.
ALL WRITINGS CONTAINED HEREIN
IN WITNESS WHEREOF, the City of Port Angeles and Clallam County have signed this
agreement as of the date and year written below.
_______________________________ __________________________________
Brian S. Smith, Chief of Police W. L. Benedict, Sheriff
Port Angeles Police Department Clallam County Sheriff’s Office
Date: __________________________ Date: _____________________________
________________________________ __________________________________
Nathan West , City Manager Mark Ozias, Chair
City of Port Angeles Board of Clallam County Commissioners
Date: ___________________________ Date: _____________________________
Approved as to Form: Approved as to Form:
__________________________________ __________________________________
William E. Bloor, City Attorney Clallam County Prosecutor’s Office December 17, 2019 E - 5
Date: December 17, 2019
To: City Council
From: Thomas Hunter, Director of Public Works & Utilities
Subject: PSA-2019-11 Water System Modeling Support – Contract Amendment 01
Background / Analysis: In conjunction with the City’s 2018 Water System Plan update, the City
upgraded its water system model. This water system model is used for planning, evaluation and
confirmation of water system improvement requirements for City water capital projects, proposed
developments, and construction projects.
To verify accuracy of this system model, a calibration was necessary. The City advertised a Request for
Qualifications (RFQ) for model calibration, model updates, and unidirectional flushing support. RH2
Engineering Inc. was selected as the most qualified firm to provide this service and the City entered into a
1-year Professional Services Agreement (PSA-2019-11) expiring on December 31, 2019, for a scope of
work dedicated to model calibration.
Now that the model has been calibrated, Public Works staff recommend extending the PSA an additional
year to complete some of the other outstanding water system needs, specifically, to develop and perform a
Unidirectional Flushing (UDF) program. UDF is a process of cleaning water mains by strategically
flushing water in a single direction through the mains. This process is different than the City’s standard
water system flushing program in that the water system model is used to target critical sections of pipe
and water valves are exercised in a specific sequencing to ensure high velocity scour/cleaning. This
technique is effective at restoring hydraulic performance as well as removing unwanted tastes, odors, and
discolorations at the tap.
This Agreement also includes a Technical Assistance/Directed Services task which provides for
engineering and technical support for water modeling support. Under this task the City and RH2 will
negotiate the scope of work, fees and formalize the agreement in a Directed Services work order.
Summary: Putting to work the City’s recently calibrated water system model, the staff recommends
performing a Unidirectional Flushing Program on the water distribution system. This program will
increase efficiency of water main cleaning and water system performance.
Funding: Funds necessary to complete the work were approved in the 2020 budget and allocated in the
Water Utility Professional/Contract Services Account (402-7380-534-4150). This amendment will
increase the not-to-exceed PSA amount by $60,000.00 and have a new expiration date of Dec. 31st, 2020.
Recommendation: Approve and authorize Amendment 01 to the 2019 Water System Modeling
Support Professional Service Agreement with RH2 Engineering, Inc., increasing the total contract value
by $60,000 to a new not to exceed amount of $84,000, adding a task to develop a Unidirectional Flushing
Program, and extending; the agreement expiration date; and authorize the City Manager to sign and
execute the Amendment and to make minor modifications to the agreement, as necessary.
December 17, 2019 E - 6
Professional Services Rationale: The tasks supported by this Professional Services Agreement
require personnel with specialized civil and water engineering knowledge, the City does not currently
retain in-house. For this reason, the City is seeking outside support.
Funding Overview: The current PSA includes a not-to-exceed budget of $24,000.00; 95% of which has
been expended in 2019 on calibrating the City’s water system model. In anticipation of implementing a
UDF program in 2020, an additional $60,000.00 was budgeted in the 2020 Water Utility
Professional/Contract Services Account (402-7380-534-4150).
December 17, 2019 E - 7
AMENDMENT NO. 1 TO THE
SERVICE AGREEMENT
BETWEEN
THE CITY OF PORT ANGELES
AND
RH2 ENGINEERING, INC.
PSA-2019-11
RELATING TO: WATER SYSTEM MODELING SUPPORT SERVICES
THIS AMENDMENT NO. 1 is made and entered into by and between THE CITY OF PORT
ANGELES, a non-charter code city and municipal corporation of the State of Washington,
(hereinafter called the “CITY”) and RH2 Engineering, Inc., a Washington corporation authorized
to do business in the State of Washington (hereinafter called the “CONSULTANT”).
NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants
and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto
agree as follows:
SECTION 1
The CITY entered into the existing AGREEMENT with the CONSULTANT on 6/5/19,
(the AGREEMENT).
SECTION 2
I EXTRA WORK
The amended scope of professional services to be performed and the results to be achieved by
the CONSULTANT pursuant to the AGREEMENT shall be amended to include the attached
Exhibit A to Amendment l. The extra work in Exhibit A are in addition to the Tasks in Exhibit A
– Scope of Services in the original Agreement. The Scope of Services shall include all services
and material necessary to accomplish the work.
II TIME OF PERFORMANCE
The Time of Performance is to be extended; the work for all Tasks shall be completed by December
31, 2020.
III MAXIMUM COMPENSATION
The CONSULTANT'S total compensation and reimbursement for this Amendment are stated in
the attached Exhibit B1 of this Amendment. The maximum compensation amount, referenced in
Section VI of the Agreement, is amended from $24,000 to $84,000, an increase of $60,000. The
December 17, 2019 E - 8
budget for any Task may be further adjusted by mutual agreement without an amendment to the
Agreement, as long as the maximum compensation amount of $84,000 is not exceeded.
IV EXHIBITS AND SIGNATURES
This Amendment together with the original Agreement, including its exhibits, constitutes the
entire Agreement, supersedes all prior written or oral understandings, and may only be changed
by written amendment executed by both parties. The following exhibits are hereby made part of
the Amendment.
Exhibit A – Scope of Work
Exhibit B – Budget Summary
Exhibit C – 2020 Consultant Time Plus Expense Rate Schedule
SECTION 3
Except as modified herein, the original AGREEMENT is confirmed and ratified.
In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the
Agreement as of the date and year of the last signature affixed below.
CITY OF PORT ANGELES
By: _______________________________
RH2 ENGINEERING INC.
By:________________________________
City Manager
Date:______________________________
Printed Name: _______________________
Title:_______________________________
ATTEST:
___________________________________
City Clerk
Date:_______________________________
APPROVED AS TO FORM:
___________________________________
City Attorney
December 17, 2019 E - 9
EXHIBIT A
Scope of Work
City of Port Angeles
Amendment No. 1
Water System Modeling Support Services
December 2019
Background
This Scope of Work includes tasks to prepare a unidirectional flushing program. The City of Port
Angeles (City) water system does not currently have a standard unidirectional flushing program that
describes the City’s flushing goals and presents a strategy for achieving them. Unidirectional flushing
forces water through the system in a controlled fashion at velocities sufficient to provide a scouring
action within the distribution piping. Development of and adherence to a unidirectional flushing
program will help the City to maintain a higher level of water quality throughout the distribution
system and is more efficient than conventional flushing programs.
This Scope of Work also provides hydraulic modeling services to the City as necessary. Such work
shall include hydraulic analyses and other services not expressly identified. Work will not be
performed by RH2 Engineering, Inc., (RH2) on Task 2 without written authorization by the City.
Task 1 – Unidirectional Flushing Program
Objective: Prepare a unidirectional flushing program for the City’s water system.
Approach:
1.1 Update the hydraulic model with the location of existing gate valves and hydrants in the system
for use in preparing the unidirectional flushing program.
1.2 Coordinate with the City to identify the goals for the unidirectional flushing program, including
minimum velocity, sensitive customers, and areas of concern.
1.3 Develop a unidirectional flushing program to meet the established goals. Generate flushing field
report sheets showing flushing hydrant(s) and closed valve(s), where applicable, for each
hydrant flushing location.
1.4 Develop field map books and a supporting Google Earth file to be used in combination with
flushing field report sheets to identify locations for performing hydrant flushing.
1.5 Prepare a summary of the unidirectional flushing program in a technical memorandum.
1.6 Meet with the City to review the draft unidirectional flushing program technical memorandum.
1.7 Finalize the technical memorandum based on review comments from the City.
December 17, 2019 E - 10
RH2 Deliverables:
• Unidirectional flushing program field report sheets, field map books, supporting Google Earth
file, and technical memorandum.
Task 2 – Water System Modeling Directed Services
Objective: Provide engineering services at the specific direction of authorized City staff.
Approach:
2.1 Provide engineering services at the specific direction of authorized City staff. Such services shall
include, but are not limited to: reviews of its water system for proposed developer extensions;
hydraulic analyses; and other services not yet expressly identified. Subsequent written
authorizations will be developed by RH2 for f uture work on an as-needed basis. Deliverables
will be requested by the City at the time that notice to proceed is granted for a given task.
Deliverables:
• As requested by the City.
December 17, 2019 E - 11
EXHIBIT B
Fee Estimate
City of Port Angeles
Amendment No. 1
Water System Modeling Support Services
Dec-19
Description Total
Hours Total Labor Total Expense Total Cost
Classification
Task 1 Unidirectional Flushing Program 227 36,883$ 6,642$ 43,525$
Task 2 Water System Modeling Directed Services 86 14,062$ 2,412$ 16,474$
PROJECT TOTAL 313 50,945$ 9,055$ 60,000$
\\rh2-118.corp.rh2.com\Project\Data\PA\119-077\00 Contract\Amend No. 1\Amend_No. 1_FEE_On Call Water System Modeling.xlsm 12/9/2019 1:58 PMDecember 17, 2019 E - 12
RATE LIST RATE UNIT
Professional I $149 $/hr
Professional II $163 $/hr
Professional III $179 $/hr
Professional IV $191 $/hr
Professional V $206 $/hr
Professional VI $219 $/hr
Professional VII $238 $/hr
Professional VIII $244 $/hr
Professional IX $244 $/hr
Control Specialist I $135 $/hr
Control Specialist II $147 $/hr
Control Specialist III $161 $/hr
Control Specialist IV $174 $/hr
Control Specialist V $185 $/hr
Control Specialist VI $198 $/hr
Control Specialist VII $214 $/hr
Control Specialist VIII $222 $/hr
Technician I $112 $/hr
Technician II $122 $/hr
Technician III $139 $/hr
Technician IV $150 $/hr
Technician V $163 $/hr
Technician VI $179 $/hr
Technician VII $194 $/hr
Technician VIII $204 $/hr
Administrative I $74 $/hr
Administrative II $86 $/hr
Administrative III $103 $/hr
Administrative IV $122 $/hr
Administrative V $140 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots - Half Size $2.50 price per plot
CAD Plots - Full Size $10.00 price per plot
CAD Plots - Large $25.00 price per plot
Copies (bw) 8.5" X 11"$0.09 price per copy
Copies (bw) 8.5" X 14"$0.14 price per copy
Copies (bw) 11" X 17"$0.20 price per copy
Copies (color) 8.5" X 11"$0.90 price per copy
Copies (color) 8.5" X 14"$1.20 price per copy
Copies (color) 11" X 17"$2.00 price per copy
Technology Charge 2.50%% of Direct Labor
Mileage $0.58
price per mile
(or Current IRS Rate)
Subconsultants 15%Cost +
Outside Services at cost
EXHIBIT C
RH2 ENGINEERING, INC.
2020 SCHEDULE OF RATES AND CHARGES
Rates listed are adjusted annually.
December 17, 2019 E - 13
Date: December 17, 2019
To: City Council
From: Brian S. Smith, Chief of Police
Subject: 2020-2021 Humane Society Services Agreement
Summary: The City of Port Angeles contracts with the Olympic Peninsula Humane Society
(OPHS) for certain animal control services. OPHS and the City had both a 3-year services
agreement for 2015 through 2017 and a 2-year services agreement for 2018 and 2019. The current
2-year agreement has a provision for a month to month extension with the consent of both parties.
The 2018 and 2019 annual service agreement provided for annual compensation of $65,000.00 for
OPHS. Staff recommends continuing that compensation for 2020 and through 2021.
Funding: Funding for this agreement is reflected in the Police Department 2020 Budget that was
approved by City Council in December of 2019.
Recommendation: Approve and authorize the City Manager to sign a 2020 through 2021
Services Agreement,
Background/Analysis: OPHS has historically provided some animal control services. In 2014
OPHS agreed to continue with the provision of certain animal control services. The 2015 through
2017 agreement was negotiated by both parties, was reviewed and approved by the City Attorney’s
Office and approved by City Council and the OPHS Board of Directors. Compensation for 2015
per the agreement was $53,325.00 and compensation for 2016 through 2019 was $65,000.00
yearly. Staff believes that continuing the compensation at the current rate is reasonable and
provides a fair value to the City.
Funding Overview: Funds for 2020 agreement are reflected in the Police Department Council
approved budget (001-5012-521-41-50).
Attachments: Services Agreement
December 17, 2019 E - 14
1
SERVICE AGREEMENT
THIS AGREEMENT is entered into between the City of Port Angeles, a municipal corporation of
the State of Washington, (hereinafter called "City) and OLYMPIC PENINSULA HUMANE
SOCIETY of: 1743 Old Olympic Highway, Port Angeles, WA 98362 (hereinafter called
"Contractor").
This Agreement is comprised of:
[ X ] Attachment "A" - Scope of Work.
[ X ] Attachment "B" - Compensation.
[ X ] Attachment "C" - General Conditions.
[ X ] Attachment "D" - Special Terms and Conditions.
copies of which are attached hereto and incorporated herein by this reference as if fully set forth.
This Agreement sets forth and memorializes the terms and services provided beginning on the 1st
day of January 2020, and shall, unless terminated as provided elsewhere in the Agreement, expire
on the 31st day of December 2022, except that the agreement may continue on a month-to-month
basis beyond December 2022 with the consent of both parties.
The City Project Manager responsible for the administration of this Agreement shall be the Police
Chief.
IN WITNESS WHEREOF, the parties have executed this Agreement on this ______ day of
________________, 2019.
OLYMPIC PENINSULA HUMANE SOCIETY CITY OF PORT ANGELES
______________________________ __________________________________
______________________________, Chair Nathan West, City Manager
ATTEST: APPROVED AS TO FORM:
______________________________ By: _______________________________
Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney
December 17, 2019 E - 15
2
PERSONAL SERVICES AGREEMENT ATTACHMENT "A"
SCOPE OF WORK
Animal Sheltering
1. Shelter Facilities: The Contractor shall furnish and maintain shelter facilities and necessary
equipment for handling stray or impounded dogs and cats and animals brought to the
Contractor pursuant to the provisions of this agreement by the City; and dogs and cats brought
to the Contractor by the public residing in the City limits. These facilities shall include, but
not be limited to the following:
A. Dog and cat kennels (minimum 20 dog and 25 cat kennels).
B. An isolation room having a complete covered kennel for dangerous dogs impounded, and
rabies quarantine.
C. A separate room for storing dog, cat and other sheltered animal’s food.
D. Facilities for the humane disposal of sick, injured and dead animals.
E. Secure and accessible after-hours receiving areas for animals brought to the shelter by the
City.
F. An external security fence at a minimum of 6’ in height.
The Contractor shall properly maintain the facilities and equipment in a clean and sanitary
manner and will not permit any condition to exist that would constitute a public nuisance.
2. Hours of Operations: The Contractor shall, as a minimum requirement, keep the shelter
facilities open to the public a minimum of 22.5 hours per week, or other such hours as
approved by the City Project Manager. Such hours shall be posted. During the hours that
shelter facilities are not open to the public, Contractor shall supply City law enforcement, or
City Project Manager’s designees, with gate and door access codes for entry into the shelter.
3. Receipt and Care of Animals: The Contractor shall accept and care for all dogs and cats and
animals brought to the shelter pursuant to the provisions of this agreement, by the City, and
by the residents of the City, provided, however, the Contractor shall not be obligated to accept
a dog, cat, or other animal if (1) acceptance of that animal into the shelter will create a serious
health risk or, (2) a serious health risk exists in the shelter, or (3) place the shelter over capacity
and the Contractor has attempted to relieve such condition by alternate placement of animals
with other suitable agencies. In any such event, Contractor shall notify City. The Contractor
shall hold them and properly care for them pursuant to applicable sections of Port Angeles
Municipal Code Chapter 7. The Contractor may destroy any animal only pursuant to
applicable sections of Municipal Code Title 7. The Contractor shall give the best reasonable
care and treatment to all animals in its custody and control, making certain they are
comfortably housed and adequately fed and watered. Animals received by the shelter during
non-business hours shall be officially cared for as soon as feasible.
The Contractor shall maintain a record of each animal received under this agreement. At a
minimum, such record shall consist of the type of animal, the beginning and ending dates of
housing, , the name, address and telephone number of the owner or person bringing in the
animal, the approximate location where the animal was found, and the disposition of the
December 17, 2019 E - 16
3
animal. The Contractor shall submit a report containing this information to the City at the end
of each year with quarterly reports available upon request. The report will be submitted to
Brian Smith, Chief of Police via email at BSmith@CityofPA.us. Any change in the email
address or recipient shall be communicated to Contractor in writing.
The Contractor shall be responsible to make reasonable attempts, and with due diligence, to
identify and contact the animal owner as soon as possible after the animal is housed by the
Contractor and prior to destruction or adoption of the animal. The Contractor shall make
every reasonable effort to find suitable homes for each adoptable animal received.
4. Records of Lost and Found Animals: Reports of lost or found animals from City citizens will
be referred directly to the Contractor. The Contractor shall make information concerning lost
and found animals available to citizens requesting the information. The Contractor shall use
due diligence in making every reasonable effort to compare unidentified City animals to the
lists and to return animals which appear to be from the list, to their owners.
5. Staff:
A. The Contractor shall be registered to perform euthanasia by lethal injection, in accordance
with RCW 69.50.310, and shall employ or contract with a minimum of one qualified
handler. In addition, Contractor shall comply with all written policies and procedures
required by the Washington State Department of Health, including WAC Chapter 246-
886, as it may be revised, together with requirements for training, recordkeeping, and
security.
B. The Contractor shall maintain telephone service and office personnel necessary for
receiving inquiries from City residents with respect to animals impounded or delivered to
the Contractor.
C. The Contractor shall ensure that all of its employees act in a professional and businesslike
manner and that no rude or unseemly actions or attitudes are tolerated in their day-to-day
dealings with the public.
D. The Contractor shall provide adequate training to its employees to satisfactorily perform
the obligations of this agreement.
6. After Hour Cages/Animals Left After Hours: If the Contractor maintains after-hours cages
that are available to the public or animals are left at the shelter during non-business hours,
those animals that cannot be specifically identified as coming from City residents, shall not
be counted as City animals. The City of Port Angeles agrees that charges for unidentified
animals shall be charged in the same proportion as animals that are identifiable as County,
Sequim, or Port Angeles billable animals on an annual basis.
7. Fees: The Contractor may collect fees as listed in PAMC 3.70.120(C). Any changes to fees
shall be approved by the City Council prior to implementation. See attached fee document
with noted differences.
December 17, 2019 E - 17
4
8. Animal Traps: The Contractor shall furnish and maintain a suitable number of traps for the
live capture of animals and loan said traps to City residents upon request. At a minimum, the
Contractor shall maintain four (4) cat traps, one (1) dog trap, one (1) skunk trap, and four (4)
raccoon traps. At the time of the loan, the Contractor shall instruct the residents on the proper
use of traps and the proper care and handling of the captured animals. The Contractor may
collect a deposit and/or fee as agreed between the Contractor and the City.
Animal Licenses
1. Issuance of Licenses: The Contractor is responsible for administration of the animal licensing
program and will collect and retain all fees under PAMC 3.70.120(A). Yearly licenses shall
expire at the end of the calendar year. Lifetime licenses do not expire.
2. Maintenance of License Recording System: The Contractor shall maintain a computerized
license system in a current status and shall provide reports to the City Project Manager as
requested which will include a listing of all current animal licenses. The Contractor shall
maintain the system for licenses sold by the Contractor or the City,
3. Supplies. The Contractor shall purchase and maintain sufficient license forms and tags and
shall distribute them, free of charge, to other license vendors upon request.
4. Public Education. The Contractor shall develop programs and activities intended to increase
compliance with license requirements by City residents. The Contractor shall, at least
annually, send out license renewal notices to encourage current license adherence.
SERVICE AGREEMENT ATTACHMENT "B" COMPENSATION
1. Compensation for Sheltering:
A. The City shall pay to the Contractor the amount of $16,250.00 for each quarter of 2020
and 2021.
B. Total compensation paid to Contractor by the City for the year $65,000.00 for 2020 and
2021.
C. In the event that the City requires that an animal be held more than 72 hours, then
Contractor shall be entitled to an additional daily fee of $40.00 beginning on the 5th day
(after a 96 hour period has elapsed).
2. Compensation for Sale of Animal Licenses:
The Contractor may retain the revenue obtained from its sale of City animal licenses.
3. Other Compensation:
The Contractor may retain Cage and Trap Rental Fees received from City citizens.
December 17, 2019 E - 18
5
SERVICE AGREEMENT ATTACHMENT "C"
GENERAL CONDITIONS
1. Scope of Contractor's Services: The Contractor agrees to provide to the City services and
any materials set forth in Attachment "A." No material, labor, or facilities will be furnished
by the City, unless otherwise provided for in the Agreement.
2. Accounting and Payment for Contractor Services: Payment to the Contractor for services
rendered under this Agreement shall be as set forth in Attachment "B." Unless specifically
stated in Attachment "B" or approved in writing in advance by the City Designated Project
Manager ("Project Manager"), the City will not reimburse the Contractor for any costs or
expenses incurred by the Contractor in the performance of this agreement.
3. Delegation and Subcontracting: No portion of this agreement may be delegated or
subcontracted to any other individual, firm or entity without the express and prior written
approval of the Project Manager.
4. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an
independent contractor and nothing herein contained shall be construed to create a
relationship of employer/employee or master/servant, but all payments made hereunder and
all services performed shall be made and performed pursuant to this agreement by the
Contractor as an independent contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in
Attachment "B" and the Contractor is not entitled to any City benefits including, but not
limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance
benefits, or any other rights or privileges afforded to City employees. The Contractor
represents that it maintains a separate place of business, serves clients other than the City, will
report all income and expense accrued under this agreement with the Internal Revenue Service
on a business tax schedule, and has a tax account with the State of Washington Department of
Revenue for payment of all sales and use and Business and Occupation taxes collected by the
State of Washington.
5. No Guarantee of Employment: The performance of all or part of this agreement by the
Contractor shall not operate to vest any rights whatsoever and shall not be deemed to
guarantee any employment of the Contractor or any employee of the Contractor or any
subcontractor or any employee of any subcontractor by the City in the future.
6. Regulations and Requirement: This agreement shall be subject to and shall comply with all
federal, state and local laws, rules, and regulations.
7. Right to Review: This agreement is subject to review by any federal or state auditor. The
City shall have the right to review and monitor the financial and service components by
whatever means deemed expedient. Such review may occur with or without notice, and may
include, but is not limited to, on-site inspection by City agents, or employees, inspection of
records or other materials which the City deems directly pertinent to the agreement and its
December 17, 2019 E - 19
6
performance, and any and all communications with or evaluations by service recipients under
this agreement. The Contractor shall preserve and maintain all financial records and records
relating to the performance of work under this agreement for three (3) years after agreement
termination, and shall make them available for such review, within Clallam County, State of
Washington, upon request, during reasonable business hours.
8. Modifications: Either party may request changes in the agreement. Any and all agreed
modifications shall be in writing, signed by each of the parties.
9. Termination for Default: If the Contractor defaults by failing to perform any of the
obligations of the agreement or becomes insolvent or is declared bankrupt or makes an
assignment for the benefit of creditors, the City may, by depositing written notice to the
Contractor in the U.S. Mail, postage prepaid, terminate the agreement, and at the City's
option, obtain performance of the work elsewhere. If the agreement is terminated for default,
the Contractor shall not be entitled to receive any further payments under the agreement until
all work called for has been fully performed. Any extra cost or damage to the City resulting
from such default(s) shall be deducted from any money due or coming due to the Contractor.
The Contractor shall bear any extra expenses incurred by the City in completing the work,
including all increased costs for completing the work, and all damage sustained, or which
may be sustained by the City by reason of such default.
If a notice of termination for default has been issued and it is later determined for any reason
that the Contractor was not in default, the rights and obligations of the parties shall be the
same as if the notice of termination had been issued pursuant to the Termination for Public
Convenience paragraph hereof.
10. Termination for Public Convenience: The City may terminate the agreement in whole or in
part whenever the City determines, in its sole discretion, that such termination is in the
interests of the City. Whenever the agreement is terminated in accordance with this
paragraph, the Contractor shall be entitled to payment for actual work performed. An
equitable adjustment in the agreement price for partially completed items of work will be
made, but such adjustment shall not include provision for loss of anticipated profit on deleted
or uncompleted work. Termination of this agreement by the City at any time during the term,
whether for default or convenience, shall not constitute a breach of contract by the City.
11. Rights and Remedies: The duties and obligations imposed by this agreement and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
12. Defense and Indemnity Agreement: The Contractor agrees to defend, indemnify and save
harmless the City, its appointed and elected officers and employees, from and against all loss
or expense, including but not limited to judgments, settlements, attorneys' fees and costs by
reason of any and all claims and demands upon the City, its elected or appointed officials or
employees for damages because of personal or bodily injury, including death at any time
resulting therefrom, sustained by any person or persons and on account of damage to property
including loss of use thereof, whether such injury to persons or damage to property is due to
December 17, 2019 E - 20
7
any act or omission of the Contractor, his/her subcontractors, its successor or assigns, or its
or their agent, servants, or employees, the City, its appointed or elected officers, employees
or their agents, except only such injury or damage as shall have been occasioned by the sole
negligence of the City, its appointed or elected officials or employees. It is further provided
that no liability shall attach to the City by reason of entering into this agreement, except as
expressly provided herein.
13. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to
claims against the City, its appointed and elected officers, agents and employees, the
Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington,
the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this
Agreement extend to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties to this Agreement.
14. Venue and Choice of Law: In the event that any litigation should arise concerning the
construction or interpretation of any of the terms of this Agreement, the venue of such action
shall be in the courts of the State of Washington in and for the County of Clallam. This
Agreement shall be governed by the laws of the State of Washington.
15. Withholding Payment: In the event the Project Manager determines that the Contractor has
failed to perform any obligation under this agreement within the times set forth in this
agreement, then the City may withhold from amounts otherwise due and payable to
Contractor the amount determined by the City as necessary to cure the default, until the
Project Manager determines that such failure to perform has been cured. Withholding under
this clause shall not be deemed a breach entitling Contractor to termination or damages,
provided that the City promptly gives notice in writing to the Contractor of the nature of the
default or failure to perform, and in no case more than ten (10) days after it determines to
withhold amounts otherwise due. A determination of the Project Manager set forth in a notice
to the Contractor of the action required and/or the amount required to cure any alleged failure
to perform shall be deemed conclusive, except to the extent that the Contractor acts within
the times and in strict accord with the provision of the Disputes clause of this agreement.
The City may act in accordance with any determination of the Project Manager which has
become conclusive under this clause, without prejudice to any other remedy under the
agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to
pay any amount so required to be paid and to charge the same to the account of the Contractor,
(3) to set off any amount of paid or incurred from amounts due or to become due the
Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause,
no penalty or damages shall accrue to the Contractor by reason of good faith withholding by
the City under this clause.
16. Insufficient Funds: If sufficient funds are not appropriated or allocated for payment under
this agreement, this agreement shall be null and void. No penalty or expense shall accrue to
the City in the event this provision applies.
December 17, 2019 E - 21
8
17. Disputes: Differences between the Contractor and the City, arising under and by virtue of
the contract documents shall be brought to the attention of the City at the earliest possible
time in order that such matters may be settled or other appropriate action promptly taken.
The records, orders, rulings, instructions, and decision of the Project Manager shall be final
and conclusive thirty (30) days from the date of mailing unless the Contractor mails or
otherwise furnishes to the City Manager a written notice of appeal. The notice of appeal shall
include facts, law, and argument as to why the conclusions of the Project Manager are in
error.
In connection with appeal of any proceeding under this clause, the Contractor shall have the
opportunity to be heard and to offer evidence in support of the appeal. The decision of the
City Manager for the determination of such appeals shall be final and conclusive. Reviews of
the appellate determination shall be brought in the Superior Court of Clallam County within
fifteen (15) days of mailing of the written appellate determination. Pending final decision of
the dispute, the Contractor shall proceed diligently with the performance of this Agreement
and in accordance with the decision rendered.
18. Ownership of Items Produced: All writings, programs, data, public records or other materials
prepared by the Contractor and/or its consultants or subcontractors, in connection with the
performance of this agreement shall be the sole and absolute property of the City and
constitute "work made for hire" as that phrase is used in federal and/or state intellectual
property laws.
19. Recovery of Payments to Contractor: The right of the Contractor to retain monies paid to it
is contingent upon satisfactory performance of this agreement. In the event that the
Contractor fails, for any reason, to perform obligations required of it by this agreement, the
Contractor may, at the Project Manager's sole discretion, subject to the disputes clause of this
agreement, be required to repay to the City all monies disbursed to the Contractor for those
parts of the project that are rendered worthless in the opinion of the Project Manager by such
failure to perform.
Interest shall accrue at the rate of 12 percent (12%) per annum from the time the Project
Manager demands repayment of funds.
20. Approval: The extent and character of all services to be performed under this agreement by
the Contractor shall be subject to the review and approval of the Project Manager. In the
event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Manager as to the extent and character of the work to be done
shall govern subject to the Contractor's right to appeal that decision as provided herein.
21. Non-Discrimination: The Contractor shall not discriminate against any person on the basis
of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation,
age, or the presence of any sensory, mental or physical handicap.
22. Subcontractors: In the event that the Contractor employs the use of any subcontractors, the
contract between the Contractor and the subcontractor shall provide that the subcontractor is
bound by the terms of this agreement between the City and the Contractor. The Contractor
December 17, 2019 E - 22
9
shall insure that in all subcontracts entered into, City of Port Angeles is named as an
additional insured.
23. Time is of the Essence: Time is of the essence in the performance of this agreement unless
a more specific time period is set forth in either the Special Terms and Conditions or Scope
of Work.
24. Notice: Except as set forth elsewhere in the agreement, for all purposes under this agreement,
except service of process, any notices shall be given by the Contractor to the Project Manager.
Notice to the Contractor for all purposes under this agreement shall be given to the person
executing the agreement on behalf of the Contractor at the address identified on the signature
page.
25. Precedence: In the event of inconsistency in this Agreement, unless otherwise provided
herein, the inconsistency shall be resolved by giving precedence in the following order:
A. Applicable federal and state statutes and regulations;
B. Scope of Work (Attachment "A") and Compensation (Attachment "B");
C. Special Terms and Conditions (Attachment “D”)
D. General Conditions. (Attachment “C”).
26. Waiver: Waiver of any breach or condition of this agreement shall not be deemed a waiver
of any prior to subsequent breach. No term or condition of this agreement shall be held to be
waived, modified or deleted except by an instrument, in writing, signed by the parties hereto.
27. Survival: The provision of Paragraphs 4, 7, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25,
and 26 shall survive, notwithstanding the termination or invalidity of this Agreement for any
reason.
28. Entire Agreement: This written agreement represents the entire Agreement between the
parties and supersedes any prior statements, discussions or understandings between the
parties except as provided herein.
December 17, 2019 E - 23
10
SERVICE AGREEMENT ATTACHMENT "D"
SPECIAL TERMS AND CONDITIONS
[ X ] 1.Reporting. The Contractor shall submit written progress reports to the Project Manager as
set forth below:
[ ] With each request for payment.
[ ] Monthly.
[] Quarterly.
[ ] Semi-annually.
[ X ] Annually with the right to
request interim reports as
needed
[ ] Project completion.
[ ] Other (specify):
All Required reports shall be mailed or delivered to:
Port Angeles Police Department
Attn: Chief of Police
321 E 5th Street
Port Angeles, WA 98362
Progress reports shall include, at a minimum, the following:
Annual Report: Listing of all current City animal licenses, including the license number,
expiration date, information describing the animal, and the owner's name, address, and
telephone number.
Contractor shall maintain complete records of licenses issued, fees collected, animals
received, impound reason, surrendered by information, and animals disposed and report
these numbers. In addition, an annual report shall include the number of City animals
currently housed by type, the total number of days of housing and a summary of disposition
of City animals, the number of licenses sold and revenue produced from sales. The annual
report shall be due by the last business day of January of the new year.
Contractor shall include above information in the annual report and make such available
for the City’s inspection at all times. Contractor shall provide such other data as the City
requests, for all legitimate purposes directly related to City services performed.
Reports shall include any problems, delays or adverse conditions which will materially
affect the Contractor's ability to meet project objectives or time schedules together with a
statement of action taken or proposed to resolve the situation. Reports shall also include
recommendations for changes to the Scope of Work, if any. Payments may be withheld if
reports are not submitted.
December 17, 2019 E - 24
11
[ X ] 2.Insurance. The Contractor shall maintain in full force and effect during the term of this
Agreement, and until final acceptance of the product, public liability and property damage
insurance with companies or through sources approved by the state insurance
commissioner pursuant to RCW Title 48, as now or hereafter amended. The City, its
appointed and elected officials and employees, shall be specifically endorsed as additional
insureds in a policy with the same company which insures the Contractor or by
endorsement to an existing policy or with a separate carrier approved pursuant to RCW
Title 48, as now or hereafter amended, and the following coverages shall be provided:
[ X ] COMPREHENSIVE GENERAL LIABILITY
Bodily injury, including death: $1,000,000 per occurrence General
Aggregate: $2,000,000
[ X ] WORKERS COMPENSATION: Statutory amount
[ X ] AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles
$1,000,000 bodily injury, liability, including death, per occurrence
$500,000 property damage liability, per occurrence
Any such insurance carried by the Contractor is primary over any insurance carried by City
of Port Angeles, and shall not be construed to limit the liability of the Contractor to the
coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy
available at law or in equity. The City shall have no obligation to report occurrences unless
a claim or lawsuit is filed with it and the City has no obligation to pay any insurance
premiums.
Evidence of insurance coverage shall be submitted to the Project Manager within twenty
(20) days of the execution of the Agreement. The Agreement shall be void ab initio if the
proof of coverage is not timely supplied.
[ X ] 3.Other:
Board of Directors: Employees of the Contractor or direct relatives of said individuals
shall not serve on the Board of Directors of the Contractor. The Executive Director may
serve on the Board as a non-voting member but may not serve as an officer of the Board.
December 17, 2019 E - 25
Date: December 17, 2019
To: City Council
From: Thomas Hunter, Director of Public Works & Utilities
Subject: FY 2019-2021 Water Quality Stormwater Capacity Grant Agreement
Contract NO. WQSWCAP-1921-PoAnPW-00101
Background / Analysis: The Washington State Department of Ecology (Ecology) aids National
Pollutant Discharge Elimination System (NPDES) Municipal Stormwater General Permitees though the
biennial Capacity Grant program. This program provides financial assistance for activities, technical
resources, and equipment to assist local governments in implementing the requirements of the Eastern and
Western Washington Municipal Stormwater permits.
City staff submitted a grant application in July 2019 and Ecology awarded the grant to the City in
October. The City received an additional $45,000 above the grant program’s base rate of $50,000, as it is
included on Ecology’s hardship-eligible communities (defined as a community with a median household
income less than 80% of the Washington State mean household income).
Staff will use the grant funds to supplement the budget required to meet the new requirements of the re-
issued 2019-2024 NPDES Phase II Municipal Stormwater Permit. The new requirements include:
• Stormwater Management Plan and program updates,
• Revised City Ordinances/Code, Stormwater Management Action Plan development and
implementation, and
• Illicit Discharge Detection and Elimination Program and Plan updates.
A consultant will be used to assist in the programmatic updates described above. Capital construction
projects are not eligible for funding through this grant program. The Utility Advisory Committee
forwarded a favorable recommendation to accept this grant at the December 10, 2019 meeting.
Funding Overview: Ecology will reimburse the City for qualified expenditures up to $95,000 incurred
between July 1, 2019 and March 31, 2021. There are no City fund matching requirements, with grant
awards cover ing 100 percent of eligible costs of the grant offer amount. The City is required to provide
quarterly progress reports with each reimbursement request and prepare agreement close-out reports and
final outcome summary reports to Ecology.
Summary: The Washington State Department of Ecology (Ecology) has offered a FY2019-2021
Biennial Stormwater Capacity Grant in the amount of $95,000 to the City. This pass -through grant
provides funding to implement and manage the City’s National Pollutant Discharge Elimination System
(NPDES) Phase II Municipal Stormwater Permit requirements.
Funding: Grant funding will be provided entirely by Department of Ecology and will be capped at
$95,000 with no City fund matching requirements.
Recommendation: Approve and authorize the City Manager to sign the FY 2019-2021 Stormwater
Capacity Grant agreement with the Washington State Department of Ecology in the amount of $95,000,
and to make any subsequent amendments or minor modifications to the agreement, if necessary.
December 17, 2019 E - 26
Agreement No. WQSWCAP-1921-PoAnPW-00101
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF PORT ANGELES
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Port Angeles, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
2019-2021 Biennial Stormwater Capacity Grants
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
water bodies.
$95,000.00
$95,000.00
$95,000.00
$0.00
07/01/2019
03/31/2021
Capacity Grant
December 17, 2019 E - 27
Page 2 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
Organization Fax:
City of Port Angeles
91-6001266
148344047
321 East 5th Street
Port Angeles, WA 98362-0217
321 East 5th Street
Port Angeles, Washington 98362-0217
jboehme@cityofpa.us
(360) 417-4709
Template Version 10/30/2015December 17, 2019 E - 28
Page 3 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
Vincent McIntyre
Civil/Utility Engineer I
321 East 5th Street
Port Angeles, Washington 98362-0217
Email: vmcintyr@cityofpa.us
Phone: (360) 417-4701
Authorized
Signatory
Vincent McIntyre
Civil/Utility Engineer I
321 East 5th Street
Port Angeles, Washington 98362-0217
Email: vmcintyr@cityofpa.us
Phone: (360) 417-4701
Billing Contact
Project Manager
Authorized
Signatory
Nathan A. West
City Manager
321 E. Fifth Street
Port Angeles, Washington 98362
Email: nwest@cityofpa.us
Phone: (360) 417-4751
Template Version 10/30/2015December 17, 2019 E - 29
Page 4 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 10/30/2015December 17, 2019 E - 30
Page 5 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Port Angeles
Heather R. Bartlett
City Manager
Nathan A. West
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 10/30/2015December 17, 2019 E - 31
Page 6 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
SCOPE OF WORK
Task Number: 1 Task Cost: $5,000.00
Task Title: Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and
two-page Outcome Summary Report. <br>
* Properly maintained project documentation.
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges, and changes in the project schedule. Submitted at least quarterly in
EAGL.
1.2 Recipient Closeout Report (EAGL Form).
1.3 Two-page draft and Final Outcome Summary Reports.
Template Version 10/30/2015December 17, 2019 E - 32
Page 7 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
SCOPE OF WORK
Task Number: 2 Task Cost: $90,000.00
Task Title: Permit Implementation
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES)
permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. The
following is a list of elements RECIPIENT’s project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges.
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or
facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring
funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior
to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement.
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment
Template Version 10/30/2015December 17, 2019 E - 33
Page 8 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
purchases over $5,000 must be pre-approved by Ecology.
Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections
conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of
planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or
source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital
construction projects, incentives or give-a-ways, grant application preparation, TAPE review for proprietary treatment systems,
or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes,
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Deliverables
Permit Implementation
Number Description Due Date
2.1 Documentation of tasks completed
Template Version 10/30/2015December 17, 2019 E - 34
Page 9 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
BUDGET
Funding Distribution EG200233
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Model Toxics Control Operating Account (MTCOA)
100%
Cap Grants-MTC Operating
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
1921 stormwater capacity
07/01/2019 03/31/2021
Grant
1921 stormwater capacity Task Total
Project Administration/Management 5,000.00$
Permit Implementation 90,000.00$
95,000.00$Total:
Template Version 10/30/2015December 17, 2019 E - 35
Page 10 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%95,000.00 95,000.000.000.001921 stormwater capacity
Total $$0.00 95,000.00 $95,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Template Version 10/30/2015December 17, 2019 E - 36
Page 11 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
Template Version 10/30/2015December 17, 2019 E - 37
Page 12 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources.
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
• For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
• Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
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Page 13 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff and contractors working at the project site.
• Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
• Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the
ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,
as appropriate, or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Template Version 10/30/2015December 17, 2019 E - 39
Page 14 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
Template Version 10/30/2015December 17, 2019 E - 40
Page 15 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
Template Version 10/30/2015December 17, 2019 E - 41
Page 16 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY’s provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
Template Version 10/30/2015December 17, 2019 E - 42
Page 17 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22. RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
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Page 18 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
Template Version 10/30/2015December 17, 2019 E - 44
Page 19 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
Template Version 10/30/2015December 17, 2019 E - 45
Page 20 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-PoAnPW-00101
2019-2021 Biennial Stormwater Capacity Grants
City of Port Angeles
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
Template Version 10/30/2015December 17, 2019 E - 46
Date: December 17, 2019
To: City Council
From: Thomas Hunter, Director of Public Works & Utilities
Subject: Resolution Ratifying a Declaration of Emergency – Round Tree Road Water Main Repair
Background / Analysis: On November 30, 2019, City staff discovered a failure on the City 20-inch
concrete cylinder water transmission main just east of Ennis Creek near Round Tree Road and Monroe
Road. The failed segment of main is a critical component of the City’s water distribution system. This
main was installed in the 1960’s and serves as the primary water source for Clallam County Public Utility
District (PUD) Round Tree Reservoir. In addition, forty-five customers that rely solely on the 20-inch
water main as their primary source of water lost water service. For those reasons, it was imperative that
the repairs were made immediately.
On December 5, 2019 a Declaration of Emergency was issued by the City Manager, enabling the Public
Works and Utilities Department to secure contract servic es under RCW 39.04.280 and RCW 38.52.070(2)
provisions for exceptions to the normal competitive bidding requirements for public works in the event of
an emergency. As the full extent of the damage and scope to repair the water main leak was unknown, the
contract signed with C & J Excavating Inc. was for Force Account work (normal contracting procedures
for emergency work) in that all costs associated with the work (labor hours, materials, and equipment) is
tracked, logged, and agreed to based on established billing rates and actual work performed.
Funding Overview: Available in Water Division 402 Fund budget in an amount not-to-exceed
$30,000.00.
Summary: The purpose of this memo is to approve and ratify the Round Tree Road water main repair
Declaration of Emergency issued by the City Manager on December 5, 2019. City staff discovered a
failure on the City 20-inch concrete cylinder water transmission main just east of Ennis Creek near Round
Tree Road and Monroe Road. The failed segment of water main is a critical component to the City’s
water distribution system and is the primary water source for the Clallam County Public Utility District
(PUD) Round Tree Reservoir. The work to repair the water main is being performed under emergency
conditions per RCW 35.33.081 and 38.52.070(2). C & J, Excavating Inc., from Sequim was awarded a
contract in an amount not-to-exceed $30,000.00.
Funding: Funding for the emergency contact was made available through the 2019 budget from the
Water Division 402 Fund in an amount not-to-exceed $30,000.00.
Recommendation: Adopt the attached resolution.
December 17, 2019 E - 47
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, affirming and ratifying the Declaration of
Emergency issued by the City Manager on December 5, 2019.
WHEREAS, a Declaration of Emergency was issued by the City Manager on December 5,
2019, a complete copy of which is attached; and
WHEREAS, City Council has reviewed the facts and circumstances that prompted the
Declaration of Emergency.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles:
The Council hereby finds that the facts recited in the Declaration are true and correct. On the basis
of those facts, the Council finds and declares that the water main emergency occurring on
December 5, 2019, which left city customers without water service, caused concern for public
health and sanitation, and created a dangerous physical condition, constituted an emergency in the
City of Port Angeles.
The City Council affirms and ratifies (1) the Declaration of Emergency issued by the City
Manager on December 5, 2019, and (2) all actions authorized by that Declaration.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the _____ day of December, 2019.
_______________________________
Sissi Bruch, Mayor
ATTEST:
_______________________________
Kari Martinez-Bailey, City Clerk
APPROVED AS TO FORM:
_______________________________
William E. Bloor, City Attorney
December 17, 2019 E - 48
December 17, 2019 E - 49
Date: December 17, 2019
To: City Council
From: Nathan A. West, City Manager
William Bloor, City Attorney
Thomas Hunter, Director of Public Works and Utilities
Subject: Amendment to Water Contract between City of Port Angeles and McKinley Paper Co.
Background / Analysis:
The City of Port Angeles is party to a 30-year water agreement now held by McKinley Paper Company.
As it exists the agreement expires January 1, 2020. The attached amendment to the water contract will
allow for a one-year extension of the existing agreement.
Substantial changes have occurred to the City’s industrial water system and the costs associated with
purveying industrial water supply. The one-year extension will provide the City time to adequately re-
negotiate the agreement to meet the needs of McKinley Paper Company and the City of Port Angeles
Water Utility. The time also provides the City with the ability to continue to learn about the costs and
obligations associated with operating and maintaining the Elwha Industrial Water Facility which was just
inherited in August of 2018.
Staff recommends that Council approve and authorize the City Manager to sign an amendment to the
McKinley Paper Company Water contract for a one-year extension.
Funding Overview:
Summary: The water supply contract with McKinley Paper Company expires on January 1, 2020. An
amendment of the contract is being provided to extend the agreement enabling additional time for the
City to negotiate a new water contract.
Funding: The extension of this agreement is consistent with 2020 Budget revenues.
Recommendation: Approve and Authorize the City Manager to sign an amendment to the McKinley
Paper Company Water contract for a one-year extension.
December 17, 2019 E - 50
AMENDMENT TO
WATER CONTRACT
between
CITY OF PORT ANGELES
and
McKINLEY PAPER COMPANY
This Amendment is entered into on this ____ day of December, 2019, by and between the City
of Port Angeles, a non-charter code city and municipal corporation of the State of Washington
(hereinafter referred to as City), and McKinley Paper Company, a New Mexico corporation
(McKinley).
In consideration of the covenants and promises set forth herein, the parties hereto agree as
follows:
1. On December 5, 1989 the City, Daishowa America, and ITT Rayonier entered into a
30-year agreement (the Water Supply Contract) by which the City sold untreated
water to the Daishowa America and ITT Rayonier.
2. ITT Rayonier no longer exists, and McKinley now owns and operates a mill on the
site where Daishowa America previously operated. Daishowa’s rights under the
Water Supply Contract have been assigned to McKinley.
3. The Water Supply Contract expires on January 1, 2020; and the parties intend to
negotiate a new agreement to replace the Water Supply Contract. However, the
parties acknowledge that significant changes have occurred since the Water Supply
Contract was negotiated in 1989. As a result, they will not have sufficient time prior
to December 31, 2019 to negotiate a new agreement.
4. The City and McKinley Paper Company agree to, and do hereby, extend the term of
the Water Supply Contract; and by this agreement the parties do amend the Water
Supply Contract to extend its term through December 31, 2020.
5. All other terms of the original the Water Supply Contract are confirmed, ratified, and
remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this contract to be effective as of the
date and year indicated below.
CITY OF PORT ANGELES MCKINLEY PAPER COMPANY, a New
Mexico Corporation
By__________________________________ By __________________________________
Nathan West, City Manager Print Name:___________________________
Dated: ______________________________ Dated: _______________________________
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney
December 17, 2019 E - 51
Date: December 17, 2019
To: City Council
From: Nathan A. West, City Manager
William Bloor, City Attorney
Thomas Hunter, Director of Public Works and Utilities
Subject: Amendment to Water Contract between City of Port Angeles and McKinley Paper Co.
Background / Analysis:
The City of Port Angeles is party to a 30-year water agreement now held by McKinley Paper Company.
As it exists the agreement expires January 1, 2020. The attached amendment to the water contract will
allow for a one-year extension of the existing agreement.
Substantial changes have occurred to the City’s industrial water system and the costs associated with
purveying industrial water supply. The one-year extension will provide the City time to adequately re-
negotiate the agreement to meet the needs of McKinley Paper Company and the City of Port Angeles
Water Utility. The time also provides the City with the ability to continue to learn about the costs and
obligations associated with operating and maintaining the Elwha Industrial Water Facility which was just
inherited in August of 2018.
Staff recommends that Council approve and authorize the City Manager to sign an amendment to the
McKinley Paper Company Water contract for a one-year extension.
Funding Overview:
Approve and Authorize the City Manager to sign an amendment to the McKinley Paper Company Water
contract for a one-year extension.
Summary: The water supply contract with McKinley Paper Company expires on January 1, 2020. An
amendment of the contract is being provided to extend the agreement enabling additional time for the
City to negotiate a new water contract.
Funding: The extension of this agreement is consistent with 2020 Budget revenues.
Recommendation: Approve and Authorize the City Manager to sign an amendment to the McKinley
Paper Company Water contract for a one-year extension.
December 17, 2019 E - 52
1
AMENDMENT TO
WATER CONTRACT
between
CITY OF PORT ANGELES
and
McKINLEY PAPER COMPANY
This Amendment is entered into on this ____ day of December, 2019, by and between the City
of Port Angeles, a non-charter code city and municipal corporation of the State of Washington
(hereinafter referred to as City), and McKinley Paper Company, a New Mexico corporation
(McKinley).
In consideration of the covenants and promises set forth herein, the parties hereto agree as
follows:
1. On December 5, 1989 the City, Daishowa America, and ITT Rayonier entered into a
30-year agreement (the Water Supply Contract) by which the City sold untreated
water to the Daishowa America and ITT Rayonier.
2. ITT Rayonier no longer exists, and McKinley now owns and operates a mill on the
site where Daishowa America previously operated. Daishowa’s rights under the
Water Supply Contract have been assigned to McKinley.
3. The Water Supply Contract expires on January 1, 2020; and the parties intend to
negotiate a new agreement to replace the Water Supply Contract. However, the
parties acknowledge that significant changes have occurred since the Water Supply
Contract was negotiated in 1989. As a result, they will not have sufficient time prior
to December 31, 2019 to negotiate a new agreement.
4. The City and McKinley Paper Company agree to, and do hereby, extend the term of
the Water Supply Contract; and by this agreement the parties do amend the Water
Supply Contract to extend its term through December 31, 2020.
5. All other terms of the original the Water Supply Contract are confirmed, ratified, and
remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this contract to be effective as of the
date and year indicated below.
CITY OF PORT ANGELES MCKINLEY PAPER COMPANY, a New
Mexico Corporation
By__________________________________ By __________________________________
Nathan West, City Manager Print Name:___________________________
Dated: ______________________________ Dated: _______________________________
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney
December 17, 2019 E - 53
Date: December 17, 2019
To: City Council
From: Nathan West, City Manager
Sarina Carrizosa, Finance Director
MarySue French, Cost & Capital Accountant
Subject: Proposed Adjustments to the Industrial Transmission 2020 Utility Rates
Background / Analysis:
Current rates for the Industrial Transmission Electric were adopted on November 06, 2018 (Ord. No
3610) to set rates through 2019. An update for 2020 rates is needed at this time.
In 2019 the Utility Advisory Committee (UAC), Council and Staff began the process of reviewing and
ultimately approving Cost of Service (COSA) methodologies for each utility to utilize the process in setting
rates. This was a lengthy but ultimately worthwhile process to establish rates by class for all rate payers.
The time to accurately produce and approve 2020 rates for the other utilities and having a representative
from McKinley Paper at a UAC meeting to discuss the Industrial Transmission rates and provide answers
to questions regarding the rates and ordinance delayed the presentation of the Electric Industrial
Transmission ordinance until this time.
As part of the Budget and COSA process, a revenue and expenditure analysis was completed to determine
the rate requirements for 2020 based on the 2020 Budget expenditures and non-rate revenue. The
Industrial Transmission customers rate structure is a pass through of the BPA bill plus a basic charge,
medic-1 and utility taxes and Industrial Transmission monthly network services charge.
Summary: As part of the 2019 budget process, one-year rates were established for the Electric Industrial
Transmission customer. These rates will expire on December 31, 2019. Presented in this memo are the
proposed rates for this utility for the Council’s consideration. These rates are based on the published
rates from the Bonneville Power Authority (BPA), existing utility tax rates and 2020 budget expense
spending. The Utility Advisory Committee (UAC) forwarded a favorable recommendation of the
presented rates to Council at their December 10th meeting.
Funding: The approval of the proposal presented will not increase expenditures but will require a basic
rate increase in 2020 that will generate the required revenue to meet budgeted expenditures.
Recommendation: The requested action for this issue is as follows:
1. Conduct the first reading of the ordinance;
2. Consider the Utility Advisory Committee’s recommendation in favor of the proposed
rates;
3. Waive the second reading of the ordinance;
4. Adopt the ordinance approving the rate changes to be implemented beginning January
1, 2020.
G - 1December 17, 2019
2 0 2 0 P r o p o s e d U t i l i t y R a t e s P a g e | 2
As with the 2019 Budget, the recommendation for 2020 is a one-year rate option for the Industrial
Transmission Utility. The proposal of a single year rate setting will allow the Industrial Transmission
Customer (McKinley Paper Company) the opportunity to start up, evaluate their needs and recommend
changes to the City to forward to the BPA for future usage.
The UAC met on December 10, 2019 and is forwarding a recommendation to waive the 2nd reading of the
ordinance and adopt the ordinance with the 2020 rate revisions.
Funding Overview: The approval of the proposal presented will not increase expenditures but will
require a basic charge rate increase in 2020 that will generate the required revenue to meet budgeted
expenditures in the electric Industrial Transmission only.
G - 2December 17, 2019
1
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending Title
13, Chapter 13.12 of the Port Angeles Municipal Code relating to the
Industrial Transmission electric rate classification.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS
FOLLOWS:
Section 1. Ordinance No. 2173 as amended, and Port Angeles Municipal Code section
13.12.071, are amended to read as follows:
13.12.071 - Schedule IT-11—Industrial transmission.
. . . .
E. Rate and charges. The rates and charges for service hereunder is the sum of the amounts
determined in accordance with sections 2 through 11 for each month.
1. Definitions: Initially capitalized words used herein have the meaning set forth in the
BPA agreement, the Tiered Rate Methodology, or as defined below:
"BPA" means the Bonneville Power Administration.
"BPA Agreement" means the agreement between the City and BPA, dated December
1, 2008, Contract No. 09PB-13093, as amended from time to time.
"CHWM" means the City's Contract High Water Mark.
"Customer" means the person or entity that purchases power from the City, using the
service governed by this section. "Customer" may hereafter be abbreviated as "Cu."
"Customer facility" means facilities or premises owned by the customer and served
by power purchased pursuant to this section.
"Demand" means the amount of energy delivered to the customer at the point of
delivery (as measured in whole kilowatts) integrated over the 60-minute period
during the City's CSP. For purposes of such calculation, the 60-minute periods shall
begin at the beginning of each whole hour and run for 60 consecutive minutes until
the end of such whole hour.
"Network agreement" means the agreement between the City and the BPA, dated
September 20, 2006, Contract No. 0TX-124433, as amended from time to time.
"RHWM" means the City's Rate Period High Water Mark.
G - 3December 17, 2019
2
"Tiered Rate Methodology" means BPA's policy for calculating wholesale power
rates, adopted in the Administrator's Final Record of Decision issued in September,
2009, and as amended from time to time.
2. Elements for calculating rates and charges:
A. Cu CHWM. Customer will have a CHWM amount ("Cu CHWM") of 53.351
aMW. From October 1, 20179 through September 30, 201920 the customer will
have a rate period high water mark (RHWM) of 1.7 aMW.
B. Cu CDQ. Customer will have the following monthly CDQs ("Cu CDQ"): as
follows:
January 14,760 kW July 14,238 kW
February 11,974 kW August 15,113 kW
March 14,913 kW September 13,541 kW
April 14,913 kW October 19,262 kW
May 22,190 kW November 14,423 kW
June 13,546 kW December 7,366 kW
3. Customer charge.
The customer charge (Cu CO) is the portion of the City's customer charges for a
month to be paid by customer.
The Cu CC each month shall be calculated by the following formula:
Cu CC = [CuCHWM ÷ CHWM] × CMCC
Where:
Cu CHWM is the amount set out in section 2.A., above.
CHWM is 86.755 aMW.
CMCC is the City's customer charge for the month.
No credit on the Cu CC will be given or paid for using electricity in amounts less
than the Cu CHWM.
G - 4December 17, 2019
3
4. Demand charges for service.
The customer demand charge (Cu DC) is the demand charges for a month to be paid
by customer.
The Cu DC each month shall be calculated by the following formula:
Cu DC = [(Cu CSP − Cu AHLH) − Cu CDQ] × DR
Where:
Cu CSP is the demand of the customer facility (in kilowatts) during the City's
CSP in each month.
Cu CDQ is the amount set out in section 2. above.
Cu AHLH is the average of the customer facility's actual hourly Tier 1 loads
during the HLH in each month in kilowatts.
DR is the demand rate charged to the City.
No credit will be given or paid for using demand in amounts less than the Cu CDQ.
5. Load shaping charges and credits.
The customer load shaping charge (Cu LSC) is the load shaping charges for a month
to be paid by customer.
The Cu LSC each month shall be calculated by the following formula:
Cu LSC = (Cu AL - Cu SSL) × LSR
Where:
Cu LSC is the net of the load shaping charges and credits for a month
apportioned to customer, with customer paying net load shaping charges to the
City, and the City paying net load shaping credits to customer, less an amount
calculated by the City using the load shaping adjustment true-up rate.
Cu AL is customer's monthly HLH and LLH loads.
Cu SSL is customer's shaped system load as set out below.
LSR is the load shaping rate applicable to HLH and LLH periods.
G - 5December 17, 2019
4
HLH SSL 13.12.071 Schedule IT-11
Industrial Transmission FY 201920 SSL Allocations
FY 2019 IT
HLH SSL kWh FY 2019 IT
LLH SSL kWh
October 2018 746,520 October 2018 401,242
November 2018 893,842 November 2018 524,704
December 2018 873,072 December 2018 528,439
January 2019 739,809 January 2019 457,648
February 2019 620,109 February 2019 361,574
March 2019 734,989 March 2019 427,288
April 2019 718,424 April 2019 398,693
May 2019 1,044,808 May 2019 594,482
June 2019 846,106 June 2019 447,251
July 2019 742,482 July 2019 393,194
August 2019 841,480 August 2019 416,326
September 2019 728,427 September 2019 411,096
* Based on Bonneville Power Administration's BP-18 Record of Decision
G - 6December 17, 2019
5
FY 2020 IT
HLH SSL kWh FY 2020 IT
LLH SSL kWh
October 2019 642,550 October 2019 343,423
November 2019 785,258 November 2019 467,235
December 2019 768,408 December 2019 468,960
January, 2020 648,212 January, 2020 383,209
February, 2020 589,493 February, 2020 344,868
March, 2020 660,814 March, 2020 378,492
April, 2020 532,475 April, 2020 313,729
May, 2020 740,569 May, 2020 400,664
June, 2020 945,036 June, 2020 511,099
July, 2020 785,887 July, 2020 355,769
August, 2020 761,853 August, 2020 349,892
September, 2020 639,202 September, 2020 358,909
* Based on Bonneville Power Administration's BP 20 Record of Decision
6. Additional charges: In addition to the charges calculated above, customer shall pay to
the City each month all costs, charges, surcharges, adjustment charges and penalties,
and conditions incurred by the City and attributable to customer, including but not
limited to those applicable under the BPA agreement, the TRM, BPA rate schedules
and general rate schedule provisions, network agreement, tariffs, and general rate
schedule provisions.
7. Basic Other charges: Beginning on October January 1, 201620, the customer will pay
to the City a basic charge of $4,440.00 $4,700.00 per month and an IT monthly
Network Services Charge (including telecommunications tax of $300.00.
G - 7December 17, 2019
6
8. Transmission charges: The monthly wholesale transmission cost to the City based on
the metered energy and demand associated with providing service hereunder.
9. Taxes: An amount calculated to recover the actual tax obligation of the electric utility
and City for State public utilities tax and City public utility tax and any other applicable
taxes. In addition, customer shall pay each month any and all Federal, State, local and
City taxes as may be levied, imposed or due, which arise from, or in connection with
the provision of electric service to customer pursuant to this ordinance.
10. Calculation of utility taxes: The customer shall pay to the City each month the amount
necessary to fully satisfy the City's obligation for State and local utility taxes. For
utility tax purposes, the gross income from the customer shall be the sum of
subsections 3 through 9 above, plus the amount necessary to satisfy the City's
obligation for State and local utility taxes.
11. Rates and charges for service: The City has no obligation to provide service to the
customer facility in excess of Cu CHWM and its Cu CDQ. If the customer facility
takes service in excess of its Cu CHWM and/or its Cu CDQ, customer will pay the
City all costs, charges, surcharges and penalties attributable to such service.
12. If the City pays or receives a load shaping charge true-up adjustment charge or credit
in any fiscal year, then a pro-rata portion of such charge or credit will be apportioned
to customer as determined by the City, plus an amount calculated by the City using
the load shaping adjustment true-up rate.
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.
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 on January 1, 2020 after passage and publication of an approved summary
thereof consisting of the title.
G - 8December 17, 2019
7
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 17th day of December, 2019.
_______________________________
Sissi Bruch, Mayor
ATTEST:
________________________________
Kari Martinez-Bailey, City Clerk
APPROVED AS TO FORM:
_________________________
William E. Bloor, City Attorney
PUBLISHED: 2019
By Summary
G - 9December 17, 2019
Date: December 17, 2019
To: City Council
From: Allyson Brekke, Director of Community and Economic Development
William Bloor, City Attorney
Subject: Correction to Previously Adopted Municipal Code Amendments to Increase Residential
Building Capacity and Housing Diversity (PZ Application No. 19-67)
Background/ Analysis: Staff brought forward for Planning Commission’s and Council’s
consideration a batch of municipal code amendments that helped to increase residential building capacity
and housing diversity. The amendments were specific to Title 17, “Zoning,” of the Port Angeles
Municipal Code. This effort was to begin implementation of the City’s Housing Action Plan which was
adopted into the City’s Comprehensive Plan in June of 2019. The original amendments were presented to
the Planning Commission at a public hearing on September 25, 2019 and presented to the City Council at
a public hearing on October 1, 2019. The second reading and adoption of the amendments occurred by
City Council on October 15, 2019.
A correction to the previously adopted municipal code amendments to increase residential building
capacity and housing diversity was identified by City Staff. The correction is to reduce the front yard
setbacks by 5 feet in all R (previously RS) zoning districts (R7, R9, and R11). The original amendments
only reduced the front yard setback in R11 zoning. The correction is within the original scope and intent
of the code amendment. Additionally, the amendments are in alignment of what the State of Washington
is encouraging with the earlier passing of E2SHB 1923.
Funding Overview: The proposed amendments were produced by Staff and required no less than 80
hours of Community & Economic Development Staff time.
Attachments: Ordinances for PAMC Sections 17.10 and 17.11
Summary: A correction to the previously adopted municipal code amendments to increase residential
building capacity and housing diversity was identified by City Staff. The correction is to reduce the front
yard setbacks by 5 feet in all R (previously RS) zoning districts, specifically R7, R9, and R11. The
original amendments only reduced the front yard setback in R11 zoning. The correction is within the
original scope and intent of the code amendment. Additionally, the amendments are in alignment of what
the State of Washington is encouraging with the earlier passing of E2SHB 1923.
Funding: The proposed correction was produced internally by Staff.
Recommendation: The requested action for this item is as follows:
1. Conduct the first reading of the proposed correction amendment to Title 17 of the Port
Angeles Municipal Code ordinances;
2. Waive the second reading; and
3. Adopt the proposed correction amendment to Title 17 of the Port Angeles Municipal Code
ordinances.
G - 10December 17, 2019
1
ORDINANCE NO. __________
AN ORDINANCE of the City of Port Angeles, Washington amending a
section of Chapter 17.10 and a section of Chapter 17.11 of the Port
Angeles Municipal Code relating to zoning.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. Ordinance 1709 as amended, and Chapter 17.10 of the Port Angeles Municipal
Code are hereby amended by amending a section of Chapter 17.10 as follows:
17.10.050 - Area, dimensional, and density requirements.
A. The following area and dimensional requirements apply to all R7 zones:
Table 17.10.050-1: Area and Dimensional Requirements
Measurement Type Limit
Minimum lot area 5,000 sf
Minimum lot width/frontage 35 feet
Density, minimum net n/a
Density, maximum net n/a
Maximum building height 30 feet
Maximum lot coverage 45%
Maximum site coverage 65%
Minimum front setback 20 15 feet
Garage entrance setback 20 feet
Minimum rear setback 20 feet
Minimum side setback 5 feet
Minimum side setback (street) 13 feet
Minimum side setback (alley) 5 feet
G - 11December 17, 2019
2
Detached Accessory Structure Requirements
Minimum rear setback for accessory structures in the rear one-third of
the lot 10 feet
Minimum side setback for accessory structures in the rear one-third of
the lot 3 feet
Maximum building height 1
Not to exceed the
primary
structure building height
Maximum building footprint
Not to exceed the
primary
structure building
footprint
1 A 25% height bonus is available if the detached structure is within the building envelope
required of a principal structure in the zone that the property is located. Provided,
however, that additional minimum setbacks to ensure a safe building site may be required
when the property contains a bluff, ravine, stream, or similar feature as specified in Title
15 PAMC.
B. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and
other surfaces is designed to infiltrate on-site, according to the requirements in Chapter 5 of
the City of Port Angeles Urban Services Standards and Guidelines manual, portions of the
project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for
exemptions.)
C. Conditional uses shall comply with the development standards in subsection 17.94.065.
. . . .
Section 2. Ordinance 1709 as amended, and Chapter 17.11 of the Port Angeles Municipal
Code are hereby amended by amending a section of Chapter 17.11 as follows:
17.11.050 - Area, dimensional, and density requirements.
A. The following area and dimensional requirements apply to all R9 zones:
Table 17.11.050-1: Area and Dimensional Requirements
Measurement Type Limit
Minimum lot area 7,000 sf
G - 12December 17, 2019
3
Minimum lot width/frontage 50 feet
Density, minimum net n/a
Density, maximum net n/a
Maximum building height 30 feet
Maximum lot coverage 40%
Maximum site coverage 60%
Minimum front setback 25 20 feet
Garage entrance setback 20 feet
Minimum rear setback 25 feet
Minimum side setback 7 feet
Minimum side setback (street) 13 feet
Minimum side setback (alley) 7 feet
Detached Accessory Structure Requirements
Minimum rear setback for accessory structures in the rear one-third of
the lot 10 feet
Minimum side setback for accessory structures in the rear one-third of
the lot 3 feet
Maximum building height 1
Not to exceed the
primary
structure building height
Maximum building footprint
Not to exceed the
primary
structure building
footprint
1 A 25% height bonus is available if the detached structure is within the building envelope
required of a principal structure in the zone that the property is located. Provided, however,
that additional minimum setbacks to ensure a safe building site may be required when the
property contains a bluff, ravine, stream, or similar feature as specified in Title 15 PAMC.
B. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and
other surfaces is designed to infiltrate on-site, according to the requirements in Chapter 5 of
the City of Port Angeles Urban Services Standards and Guidelines manual, portions of the
G - 13December 17, 2019
4
project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for
exemptions.)
C. Conditional uses. Conditional uses shall comply with the development standards in
17.94.065 PAMC.
. . . .
Section 3. - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes,
rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto.
Section 4. - 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.
Section 5. - 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 ___________, 20__.
_______________________
, Mayor
APPROVED AS TO FORM:
_____________________________
William E. Bloor, City Attorney
ATTEST:
_____________________________
Kari Martinez-Bailey, City Clerk
G - 14December 17, 2019
Date: December 17, 2019
To: City Council
From: Nathan West, City Manager
Subject: Port Angeles School District Levy Resolution
Background / Analysis:
At the December 3 Council meeting, Port Angeles School District presented information concerning a
Capital Levy it has placed on the February 11, 2020 special election ballot -- Proposition No. 1,
Capital Levy to Expand and Renovate Stevens Middle School and Improve Safety. After hearing that
presentation, Council expressed an interest in supporting the District’s Capital Levy.
Before that can be done, Council must allow the public an opportunity to speak for and against the Capital
Levy. State law allows an elected legislative body, such as the City Council, to endorse a ballot measure,
provided that:
1. Action is taken at an open public meeting;
2. The published meeting agenda includes the title and number of the ballot proposition; and
3. Members of the public are afforded an approximately equal opportunity for the expression of an
opposing view.
After hearing all views expressed, the Council then may decide whether it will support the Capital Levy.
If Council then decides to support the Capital Levy, it may adopt the attached resolution or may make and
adopt a motion that in other words expresses its support for the Capital Levy.
Funding Overview: N/A.
Attachments: Resolution of Support
Summary: At the December 3 City Council meeting, the Port Angeles School District presented
information regarding its proposed Capital Levy to Expand and Renovate Stevens Middle School and
Improve Safety. At that time, Council expressed interest in supporting the Capital Levy. Before doing
so, the Council must allow an opportunity for expression of views for and against the proposed capital
levy.
Funding: N/A
Recommendation:
1. Council should afford members of the public an approximately equal opportunity to express opposing
views for and against regarding the Capital Levy.
2. Consider all the views expressed; and
3. If Council chooses to formally take any action supporting the District’s Capital Levy, adopt a motion
declaring its support or adopt the attached Resolution.
December 17, 2019 H - 1
RESOLUTION NO. _______
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, in support of Proposition No. 1 to finance a Capital Levy to
expand and renovate Stevens Middle School and to improve safety at all
school facilities.
WHEREAS, the Port Angeles School District 121 has submitted a proposition for a
Capital Levy to be made annually for five years commencing in 2020 for collection in the
years 2021 through 2025; and
WHEREAS, the proposition will be placed on the February 11, 2020 ballot; and
WHEREAS, a Capital Projects Levy is a short-term, voter-approved measure that
provides funding for modernization and/or replacement of school buildings within a school
district; and
WHEREAS, a Capital Levy is necessary to expand and renovate Stevens Middle
School and to improve safety at all school facilities; and
WHEREAS, the Port Angeles School District developed a long-range facilities plan to
address the improvement of the school facilities; and
WHEREAS, the condition of the school facilities within the Port Angeles School
District are in the lowest ranges of unsatisfactory and poor; and
WHEREAS, improvements of local education drives local economic development by
improving the skill level of the local labor force which is one of the key drivers of local job
growth and wage growth; and
WHEREAS, the largest employers in the City of Port Angeles confirm that
improvement of the local schools will help with workforce recruitment and retention; and
WHEREAS, the City would like to ensure that all Port Angeles students are prepared
to live, work and learn successfully in facilities that support that mission.
NOW, THEREFORE, BE IT RESOLVED that the Port Angeles City Council hereby
declares its support for Proposition No. 1 for the Port Angeles School District 121 Capital
Levy.
December 17, 2019 H - 2
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 17th day of December 2019.
_______________________________
Sissi Bruch, Mayor
ATTEST:
________________________________
Kari Martinez-Bailey, City Clerk
APPROVED AS TO FORM:
_______________________________
William E. Bloor, City Attorney
December 17, 2019 H - 3
Date: December 17, 2019
To: City Council
From: Nathan West, City Manager
Subject: 2020 Legislative Priorities
Background / Analysis:
In 2019 City Council established legislative priorities which were utilized throughout the year to share
with State and Federal legislators. The 2019 Legislative Priorities have been attached to this
memorandum. In anticipation of the State legislative session beginning in January staff is recommending
that Council begin to discuss priorities for 2020.
The state legislative session is a short one with limited ability for the legislature to make monetary
changes to the biannual 2019 to 2021 Budget. In light of this fact staff recommends the following
changes and approaches to the legislative priorities briefing paper:
• Keep asks of the legislature to non-monetary items or smaller financial requests
• Reduce the number of asks from eleven to five or less
• Maintain housing as the number one focal point of the City priorities
• Continue to support AWC Priorities (attached to this memorandum)
• Incorporate thank you for all of the legislative assistance in 2019 including HB1406, HB 1923
and others.
• Staff would recommend adding the Chamber of Commerce Renaissance/Waterfront Phase 3
request as presented to Council on October 15, 2019.
• North Olympic Legislative Priorities could also be referenced, however, these priorities have yet
to be finalized.
Based on Council feedback staff will draft a 2020 Legislative Priorities one page paper to be presented to
Council in January. It is important we provide an opportunity for the input and contribution of new
Council members considering views of the new Council may differ from those expressed by the current
Council. An additional opportunity will be provided at the January 7th Council meeting.
Funding Overview: N/A
Summary: In anticipation of the upcoming State legislative session in January staff recommends that
Council review and update legislative priorities for 2020
Funding: N/A
Recommendation: Discuss legislative priorities and provide direction to staff on changes for 2020.
December 17, 2019 I - 1
2019 LEGISLATIVE PRIORITIESCITY OF PORT ANGELES
ENVIRONMENT, CULTURE AND EDUCATION
Shoreline Master Program Update Extension – The Master Program is an update that requires an extensive two
year long process. We are requesting the legislature extend the deadline for this update by 2 years to June 2022
or until funding is available.
Biosolid Pyrolysis – A viable bio-solids management technology to mitigate the discharge of micro-pollutants to
the environment where land is applying biosolids. This process adds to the dewatered bio-solids to create bio-
char. The technology results in the reduction of wastewater biosolid output in the compost. The City is seeking
$2,000,000 in State Grant opportunities to demonstrate the implementation of this environmentally beneficial
technology.
Port Angeles Waterfront Center (PAWC) – The Port Angeles Waterfront Center (PAWC), a 501(c)3 non-profit
organization, has submitted a $3 million Capital Budget appropriation request to the Washington State Legislature
to aid in constructing a two-story performing arts center, conference and event facility on a nearly 70,000 sq. ft.
parcel of harbor-side property it owns in downtown Port Angeles, Washington. The project results in a high-quality
community-based arts facility in Port Angeles and a good return on investment for the North Olympic Peninsula.
Port Angeles School District and Peninsula College – The City requests support from our legislators to resolve
the following District priorities: 1.) Resolve the inequality of the Regionalization Factor within WA state districts
to maintain funding for staff-PASC receives 6% ($517,648) temporary funding and it is regressing, 2.) Address the
prototypical funding model to meet the needs for additional Counselors and School nurses for each school-7.16
counselors for PASD among 8 school sites, 3.) Support funding for Special Education programs to avoid districts
dipping into Levy dollars, while seeking Simple Majority qualifiers for School Capital bonds and facilities levy, 4.)
Create equality between property value and districts-PASC will lose 45% of levy/LEA funding this year. The City
supports Peninsula College’s Capital request of $2.7M for the design of the Advanced Technology Center and their
2019-2021 Operating Budget Request.
PUBLIC SAFETY
EOC – Emergency Operations and 911 Dispatch Center – Joint City and County enterprise. Currently the EOC is
not suitable for large scale earthquakes or future emergency operations. The 911 center too is not suitable for
long term regional 911 and dispatch needs. A joint facility bridges both operations, allowing for other funding and
partnerships as appropriate. The City is requesting the legislature support the Clallam County Sheriff’s request of
$2M for the new EOC.
321 E. FIFTH STREET PORT ANGELES, WA
PHOTO BY ERIC NEURATH
December 17, 2019 I - 2
Stormwater – The City of Port Angeles is committed to eliminating
pollution in stormwater, however, the State implementation of the
National Pollutant Discharge Elimination System Phase II Permit
continues to add on new layers of regulation when our community has
not yet adjusted to prior regulatory changes. Most importantly the State
is striving for a one size fits all approach and Port Angeles has numerous
unique characteristics that require unique solutions. Detailed concerns
were outlined in a letter to Ecology dated November 14, 2018. To date
no response has been received.
Multi-Family Tax Credit Expansion – The City would like to see an
expansion of the Multi-Family Housing Tax Credit to ensure it incentivizes
re-development of already developed areas. Current statute provides
distinct advantages to greenfield development. Port Angeles has limited
opportunities for greenfield development and redevelopment of 1930’s
and older housing stock is more likely to create successful outcomes in
our community.
Mental Health Field Response Teams – The current State Legislature
grant to 8 law enforcement agencies is at $1 million total. PAPD $135,000
1.5 social worker FTE and officer overtime. Request at a minimum to
maintain the current grant for 2019-2020. The expanded grant would
allow the Re-Discovery program to widen its reach and reduce jail and
hospital costs over time. Services upstream will attain a higher success
rate.
Complete Streets – In 2018 City Council passed a Complete Streets
Ordinance. Shortly thereafter, Futurewise nominated the City for a
Complete Streets Award. This program is extremely important to the
City and we ask the legislature to maintain this program.
HOUSING, HUMAN SERVICES
AND INFRASTRUCTURE
Highway 101 at Morse Creek – Our family members and friends travel Highway 101 daily and it is time that funding
be allocated for safety enhancements to this corridor. Specifically, the City would like to support Representative
Chapman’s request for a $5M in safety enhancements to the Morse Creek dip section of Highway 101.
Stable, Dedicated Funding For Proactive Policing. WA State is 51st (or in last place) in the US law enforcement
officer per capita ratio. Opioid abuse, property crime, firearms offenses, violence, declining property values are
impacting quality of life. WA law enforcement agencies need stable and dedicated funding. PAPD has had one
previously funded patrol officer position (officer #33) vacant since 2011 due to a lack of funding and is currently
8 officers short of the recommended 2 officers per 1000 best practice. 2 or 3 more officers would have a visible
effect in the Downtown and on the Olympic Discovery Trail, and in our existing proactive community policing
efforts (which include Re-Discovery). $85,000 per year per officer.
The City supports AWC’s six 2019 Legislative
Priorities:
• Support economic development tools to
encourage job creation and economic
growth.
• Keep the Public Works Trust Fund in
working order.
• Invest in affordable housing.
• Fund a systems approach to correct fish-
blocking culverts.
• Provide responsive funding for the
Criminal Justice Training Commission
(CJTC).
• Address a failing behavioral health system.
ADDITIONAL REGIONAL AND
STATE ISSUES SUPPORTED
BY THE CITY
CONTACT: CITY OF PORT ANGELES
321 E. FIFTH STREET; PORT ANGELES, WA 98362
WWW.CITYOFPA.US • (360) 457-0411December 17, 2019 I - 3
Support statewide medication assisted
treatment (MAT) services in city and regional
jails by providing local flexibility
Cities are experiencing the consequences of an
overwhelmed state behavioral health system. While the state
has made investments to address some of the challenges,
more help is needed. Local jails have increasingly been
called to action to address opioid use disorder and provide
treatment. However, the costs are overwhelming city criminal
justice budgets across the state. City jails need additional
state support to access MAT services to save lives and reduce
recidivism.
Advance a watershed-based strategic plan to
address local fish-blocking culverts along with
state culverts
Cities need the state to adopt a broader vision
to create a comprehensive response that funds
local barrier corrections and provides actual
habitat access for fish. Cities recognize that the state is facing
a $4 billion price tag to fix fish-blocking culverts that the U.S.
Supreme Court has found to impinge on tribal treaty rights
to fish harvests. Cities also own 1,300 barriers in the same
streams, and similarly have no identified revenues to pay for
needed corrections. A statewide approach is the only way to
achieve meaningful salmon and orca recovery.
Continue to pursue new resources and policies
to increase affordable housing both at the state
and local level
Our communities continue to face a housing
crisis and need state support to incentivize housing options.
The Legislature can help by proactively supporting cities’
voluntary adoption of more effective ADU ordinances
and providing additional councilmanic tax authority for
housing. Cities need enhanced tools to attract and preserve
multifamily development, like changing the multifamily tax
exemption program to open it to smaller cities, extending the
tax exemption for continued affordability guarantees, and
expanding the ability to preserve existing affordable housing.
Adopt a comprehensive set of transportation
policies that provide robust new resources and
local options
Cities are responsible for a significant share
of the statewide transportation system and fund most of
that responsibility out of local tax dollars. Cities struggle to
meet the $1 billion gap in transportation maintenance and
preservation costs. To meet these ever-expanding needs, the
state must maintain existing and create new transportation-
specific revenue options for cities. The state must also develop
a statewide transportation package that includes increased
resources for city transportation needs.
Fully fund the Public Works Trust Fund (PWTF)
The Public Works Trust Fund is a crucial funding
partner in our efforts to provide the necessary
infrastructure for our communities. We seek full
funding for the program and ask the state to
protect the current stream of loan repayments
and uphold the 2% state share of REET dedicated to the
account. Additionally, we look to strengthen the program by
ending the ongoing revenue diversions as soon as possible.
Create a tax increment financing (TIF) option
for cities
Washington’s cities need economic development
tools that help maintain, expand, and modernize
local infrastructure to spur local private sector
investment. By investing in TIF, the Legislature can partner
with cities to advance our shared goals of building a robust
and diverse economy for communities around the state. For
maximum impact, cities need access to both property-tax and
sales-tax based TIF programs.
Preserve city fiscal health with secure funding
sources
Cities need revenue authority and flexibility
to keep up with community growth and
increasing service needs. State investment in shared revenue
distributions is instrumental to support essential city programs
and services. Responsive revenue options allow local elected
officials to make the best community-based decisions about
how to keep up with growth and the increasing costs of
providing basic services like public safety and transportation.
Arbitrary restrictions on local revenue decisions unnecessarily
hurt residents by limiting critical local services.
Candice Bock
Government Relations Director
candiceb@awcnet.org • 360.753.4137
09/27/19
Contact:
Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org
2020 Legislative Priorities
December 17, 2019 I - 4
Date: December 17, 2019
To: City Council
From: Nathan West, City Manager
Abbi Fountain, Human Resources Manager
Subject: City Council Salaries, Council Committees, and Council Community Outreach
Background / Analysis:
Council Committees: Discuss committee participation.
Council Community Outreach: Discuss various venues Council meets with members of the
community.
Council Member Compensation: The last time the salaries for the City Council were increased
was in 2008. During a Think Tank discussion on December 3rd, it was agreed by all the Council members
that the topic of increasing the City Council salaries would be added to the December 17, 2019 meeting
agenda. City Council asked staff to research the process to increase salaries.
Research concluded that City Council members may not increase their salaries during their own term of
office. The Washington State Constitution establishes this rule:
The salary of any county, city, town, or municipal officers shall not be increased .
. . or diminished after his election, or during his term of office; . . . (Wash. Const.
Art. XI, §8)
Therefore, if the City Council in 2019 votes to increase the compensation of council members, the
increase in compensation would be effective for new members who take office in 2020, but it would not
be effective for those three members whose terms continue until 2022. The increase would be effective
for all members taking office in 2022.
In contrast, if the City Council waits until 2020 to increase the compensation, the increase in
compensation would be effective for the 3 members who take office in 2022, but it would not be effective
for the members until 2024.
Funding Overview:
Funding will be determined once City Council reaches a decision on the topic.
Summary: During the Think Tank meeting on December 3, 2019, City Council agreed to add the topic
of increasing City Council salaries to the December 17, 2019 meeting agenda. During that same meeting,
Council also discussed Council committees and community outreach.
Funding: To Be Determined
Recommendation: Discussion
December 17, 2019 I - 5
Mayor Council Compensation 12/3/2019
Mayor Council Mayor - Council
Per Month Per Month Mayor Council Mayor Council
1 Aberdeen (16,780)1,091.00$ 413.00$ X 1,091.00$ 413.00$
2 Anacortes (16,990)8,891.00$ 1,200.00$ X 8,891.00$ 1,200.00$
3 Bainbridge Island (24,320)1,250.00$ 1,000.00$ X 1,250.00$ 1,000.00$
4 Battle Ground (20,890)750.00$ 600.00$ X 750.00$ 600.00$
5 Bonney Lake ( 20,940)2,100.00$ 850.00$ X 2,100.00$ 850.00$
6 Camas (23,770)2,392.00$ 816.00$ X 2,392.00$ 816.00$
7 Centra!ia (17,060)400.00$ 200.00$ X 400.00$ 200.00$
8 Covington (20,080)Stipend Stipend X Stipend Stipend
9 Ellensburg (19,660)500.00$ 250.00$ X 500.00$ 250.00$
10 Kenmore (22,920)955.00$ 849.00$ X 955.00$ 849.00$
11 Maple Valley (25,280)930.00$ 730.00$ X 930.00$ 730.00$
12 Mercer Island (24,270)400.00$ 200.00$ X 400.00$ 200.00$
13 Mill Creek (20,470)700.00$ 500.00$ X 700.00$ 500.00$
14 Monroe (18,850)3,600.00$ 800.00$ X 3,600.00$ 800.00$
15
Mount Lake Terrace
(21,560)1,000.00$ 800.00$ X 1,000.00$ 800.00$
16 Mukilteo (21,320)5,900.00$ 500.00$ X 5,900.00$ 500.00$
17 Oak Harbor (22,780)4,491.00$ 643.00$ X 4,491.00$ 643.00$
18 Port Angeles (19,370)600.00$ 550.00$ X 650.00$ 550.00$
19 Sunnyside (16,850)600.00$ 400.00$ X 600.00$ 400.00$
20 Tukwila (19,800)9,249.00$ 1,250.00$ X 9,249.00$ 1,250.00$
21 Tumwater (23,830)1,660.00$ 778.00$ X 1,660.00$ 778.00$
22 Washougal (16,020)720.00$ 575.00$ X 720.00$ 575.00$
23 West Richland (15,320)5,000.00$ 550.00$ X 5,000.00$ 550.00$
TOTAL 14,454.00$ 8,855.00$ 6,654.00$ 44,374.00$ 7,800.00$
AVERAGE 657.00$ 737.92$ 554.50$ 4,437.40$ 780.00$
Council - Manager#Council-
Manager
Mayor-
CouncilCities 15,000 to 29,999
December 17, 2019 I - 6
Date: December 17, 2019
To: City Council
From: Thomas Hunter, Director of Public Works & Utilities
Subject: Peabody Creek Culvert – Professional Services Agreement (PSA-2019-42)
Background / Analysis: The Peabody Creek culvert runs underneath US 101/Lincoln Street and is a
critical component of the State/City transportation infrastructure. This culvert, initially constructed in
1914, has outlived its useful service life and requires repair.
To begin repair, preliminary engineering, hydraulic analysis, and stakeholder coordination must be
performed. Two firms were evaluated in response to the City’s Request for Qualifications. Parametrix
has been selected as the most qualified firm to provide these services.
Through this agreement, the City will receive support services until June 30, 2021; Parametrix will
work with City staff to:
• Produce the Preliminary Hydraulics Report
• Assess potential mitigation options
• Develop preliminary designs and estimates
• Coordinate with stakeholders
• Reach agreement on a preferred approach
Professional Services Rationale: The tasks supported by this Professional Services Agreement
require personnel with specialized civil and environmental engineering knowledge, as well as several
other unique skill sets the City does not currently retain in-house. For this reason, the City is seeking
outside support.
Summary: The purpose of this memo is to receive City Council approval for a Professional Services
Agreement for preliminary engineering work associated with the repair of the Peabody Creek culvert
under Lincoln Street. This project is included in the approved 2020-2025 CFP. The work in this
agreement will include preliminary engineering, an alternatives analysis, hydraulic analysis, and
stakeholder coordination.
Two firms from the MRSC roster responded to the City’s Request for Qualifications. Based on their
Statement of Qualifications and an interview with City staff, Parametrix was selected as the service
provider.
Funding: Funds for this effort are available in the 2020 Capital Transportation budget (account 312-
7930-595-6510 TR0414).
Recommendation: Approve and award a Professional Services Agreement with Parametrix in the not
to exceed amount of $149,942.30, and authorize the City Manager to sign and execute the Professional
Services Agreement and to make minor modifications as necessary.
J - 1December 17, 2019
Funding Overview: Funds for this effort are available in the Capital Transportation budget (account
312-7930-595-6510 TR0414). Table 1 below identifies the tasks and the negotiated amount for the
proposed scope of work.
Table 1
Task Scope of Work Cost Estimate
1 Project Management $19,612.35
2 Preliminary Hydraulic Design $86,231.86
3 Agency Coordination $19,130.79
4 Preliminary 15% Design $24,967.30
Project Total $149,942.30
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CITY OF PORT ANGELES
Lincoln Street - Peabody Creek Culvert
l
Jonathan Boe h m e, P.E.
� � City Engineer
PORT ANGELES OVERVIEW
Strait of Juan de Fuca
Port Angeles Harbor
5 Creeks
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► Peabody Creek Basin Approxiii,nate Peabody Creek
watershed
► Extends through the middle
of the downtown business
district
► Final 1 ,070 in structurally
deficient culvert
► Culvert on injunction list
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open cut
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PEABODY CREEK CULVERT
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► Unique Factors:
► On State Fish Passage
Injunction List
► Multi-jurisdictional (City and
WSDOT) 1
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► Culvert daylight
problematic (R/W, Street
9
Connectivity, limited I
habitat)
► Prioritization and habitat
potential among area
creeks
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PEABODY CREEK LINCOLN ST CULVERT
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OBSERVATIONS
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Figure 31.Yount loczaUons at the intersection of Lincoln Street and First Street
► High potential for structural failure
► 2012 - 8 foot sinkhole was identified and filled at the intersection
of Lincoln St and First St
► 2014 - Ground penetrating radar identified 4 voids in close
proximity to the culvert
► 2019 - Inspection of culvert revealed no significant changes in
condition
CULVERT
OBSERVATIONS
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FISH..i Rockage Barrier,
WULFF, Unknown 10 Unknown
Percent o Corrected
Pa ssabIle Barriers
► 2009 Scoping level concepts evaluated including open cut and repair
alternatives
► 2013 State Fish Passage Injunction
► 2014 City Study identified four voids in close proximity to culvert
► 2016 City identified preliminary design funding to accelerate project, Meets
with Stakeholders WSDOT, LEKT and USACOE
► 2020 City Environmental and Permitting coordination and interest in
accelerating nearby Ennis Creek Restorations
TIMELINE
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PEABODY CREEK / LINCOLN STREET
CULVERT REHAB
► Consultant Agreement
► Hydraulic Analysis
► Stakeholder buy in of repair with in place concepts and fish baffles
► Finalize Design
► Secure construction funding for Peabody Culvert Repair and Ennis Creek
Culvert Replacement
Project Status:
Preliminary Design (2019/2020) - CFP $446K budgeted ,",ftt1F
Total Construction Project Cost: $3.0 million
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PEABODY CREEK /
LINCOLN STREET
CULVERT REHAB
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► City Double Barrel Culvert
Replacement
► WSDOT Culvert
Replacement upstream
► High habitat potential in
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Ennis Creek Watershed
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Project Status: Unfunded
Project Cost: $0.5 million 00
_____________30.4 HEAMALL_____________
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ENNIS CREEK
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CULVERTy
REPLACEMENT Tel 26'.0"SPAN
TYPICAL END ELEVATION
► Support Services Included:
► Hydraulics Report
► Mitigation Options
► Preliminary Design and Estimates
► Stakeholder Coordination
► Preferred Approach
► Two firms submitted qualifications and were interviewed
► Contact Amount: $149,942.30 with Parametrix
► Funds are budgeted in the 2020 CFP
PROFESSIONAL SERVICE AGREEMENT
Questions & Discussion
THANK YOU
Date: December 17, 2019
To: City Council
From: Ken Dubuc, Fire Chief
Subject: Medical Equipment Purchases
Background / Analysis: The Fire Department has identified a need for several important equipment
purchases that will increase our ability to operate safely and effectively. First are power lift devices that
assist personnel who are lifting patients and gurneys into the back of ambulances. The combined weight
of a patient and gurney often exceeds 300 pounds and can be as high as 700 pounds. Power lift devices
are designed to carry the full weight of the loaded gurney as it is loaded into or removed from the
ambulance. These devices have been proven to significantly reduce the occurrence of back injuries. A
single back injury is not only physically debilitating, but also extremely costly. A single prevented injury
could easily cover the total cost of these devices. The Department currently has one of these devices
installed in a medic unit as a demonstration unit. It has been operating exactly as designed and has been
extremely effective. This proposal is to equip each of the 3 medic units with one of these lift devices.
The second proposed purchase is for battery-operated chest compression devices that enable response
personnel to provide perfect, uninterrupted chest compressions during CPR. Performing CPR chest
compressions over extended periods of time is extremely difficult, especially as a patient is being
maneuvered through rooms, down stairs or into a medic unit. The Department has been utilizing a
Summary: The Fire Department proposes equipment purchases that will increase the ability of personnel
to operate safely and effectively. First, are power lift devices that assist personnel who are lifting patients
and gurneys into the back of ambulances. These devices are designed to significantly reduce the
possibility of costly back injuries. Second, are battery-operated chest compression devices that enable
response personnel to provide perfect, uninterrupted chest compressions during CPR. The Department
has been utilizing “loaners” of both these devices and they have performed flawlessly. This proposal is to
purchase one of each of these devices for each of the Department medic units. Third, is a power assisted
gurney. The Department currently has two, we need a third so that all of our medic units are equipped the
same.
Funding: The Fire Department has received several hundred thousand dollars of additional ambulance
transport revenue from the Washington State Health Care Authority (HCA) through the Ground
Emergency Medical Transport (GEMT) program. These funds are deposited to the Medic 1 utility and
are required to be used for Medic 1 purposes. The total cost of these purchases is $183,130,95. The use
of this additional revenue was planned to build the Medic 1 fund balance to 25%. To-date the City has
received approximately $994,400 in GEMT revenue, an additional amount of $814,400 from the planned
budget amount of $180,000. Of this additional amount $492,900 is required for the fund balance, leaving
$321,500 available for other Medic 1 related Capital needs.
Recommendation: Authorize the purchase of three Stryker Power-LOAD gurney lift systems and three
Stryker Lucas chest compression devices.
J - 46December 17, 2019
“loaner” of one of these devices and it has performed flawlessly. This proposal is to purchase one of each
of these devices for each of the 3 Department medic units.
The third proposed purchase is for a power assist gurney. These are battery powered hydraulic lift
gurneys that raise and lower with patients onboard. These gurneys are a proven back-saver that assist
firefighters with patient handling. The Department currently has two of these powered gurneys, we need
a third so that all of our medic units are equipped the same. We routinely have all three medic units out
simultaneously.
Funding Overview:
The Fire Department has received several hundred thousand dollars of additional ambulance transport
revenue from the Washington State Health Care Authority (HCA) through the Ground Emergency
Medical Transport (GEMT) program. These funds are deposited to the Medic 1 utility and are required to
be used for Medic 1 purposes. The total cost of these purchases is $183,130,95. The use of this
additional revenue was planned to build the Medic 1 fund balance to 25%. To-date the City has received
approximately $994,400 in GEMT revenue, an additional amount of $814,400 from the planned budget
amount of $180,000. Of this additional amount $492,900 is required for the fund balance, leaving
$321,500 available for other Medic 1 related Capital needs.
J - 47December 17, 2019
Date: December 17, 2019
To: City Council
From: Nathan West, City Manager
Allyson Brekke, Director of Community and Economic Development
Corey Delikat, Director of Parks and Recreation
Thomas Hunter, Director of Public Works and Utilities
Subject: City Landscape Standards and Tree Stewardship as Referenced in the Strategic Plan
Background / Analysis:
The 2019-2021 Strategic Plan included item 1.D.8 Review and analysis of existing landscape standards
and policy, identify gaps in policy and gaps in enforcement for upholding City landscape standards and
tree stewardship. Staff conducted a review of all City policies regarding trees and landscape standards.
As part of that review well over a hundred policies were identified in over six (6) different documents.
Oversight for these different policies is allocated to over four (4) different departments.
Existing Standards and Policies
The following locations are home to tree and landscape standards:
• Comprehensive Plan
• Shoreline Master Program
• Port Angeles Municipal Code
o Title 8 Nuisance
o Title 11 Right of Way Requirements
o Title 12 Public Places
o Title 15 Protection of Critical Areas
o Title 16 Subdivision Standards
o Title 17 Design and Landscape Requirements
• Urban Services Standards and Guidelines
• Street Tree List
• Street Tree Council Approved Policy
• Tree City USA Standards
Summary: As part of the 2019-2021 Strategic Plan City Council prioritized the review and analysis of
existing landscape and tree standards and policies with the goal to identify gaps and necessary changes.
Funding: Changes to policies will require the investment of staff time as well as changes to the Port
Angeles Municipal Code. An update to the Port Angeles Municipal Code has been initiated by Council
and is currently funded in the 2020 Budget.
Recommendation: Information Only.
December 17, 2019 L - 1
Additional Review Considerations
The City invested resources in a tree canopy study which established a baseline for tree canopy in 2011.
It identified canopy by zone and neighborhood and can continue to serve as a guidance tool for future
focus areas.
On July 2nd 2019, Arborist John Bornsworth provided a presentation which highlighted common elements
expected in municipal codes including the importance of better tree protection standards, landmark tree
regulations, enforcement and the importance of policies on healthy tree removal. He further pointed out
the importance of community and stakeholder support in the enhancement of policy and code.
The City has also established a designated tree account entitled the Community Forestry account. The
current balance of which is $3,780. The account was established by ordinance in 2015.
Summary Findings
Staff have identified numerous important changes and gaps in landscape and tree policy. The following
priority steps are important to ensuring an improved approach to policy implementation.
• A primary finding of the review is the need to audit the Port Angeles Municipal Code for
consistency, cohesiveness and conflicting language. The fact that code contains tree and
landscape policies in six different titles does not allow for effective administration.
• The re-implementation of the City Code Enforcement program in 2020 will be a key step to
ensuring improved maintenance of the City’s canopy.
• The current street tree ordinance goes a long way to help protect street trees, however, public
education is necessary to ensure proper pruning and maintenance is carried out. The City plans to
launch an educational campaign this spring to provide guidance on care for trees.
• The Community Forrester position was established with the intent that one individual administers
all tree related policies. This position needs to be reconsidered as it is only a title without
dedicated resources. Budgeting staff and resources are critical to successful tree and landscape
stewardship.
• The Street Tree planting approach must be streamlined to make it easier for citizens to plant trees
in the right of way. Conflicts with utility related codes need to be resolved.
• Vandalism replacement policy and consistent mitigation standards also need to be introduced.
Funding Overview:
Changes to policies will require the investment of staff time as well as changes to the Port Angeles
Municipal Code. An update to the Port Angeles Municipal Code has been initiated by Council and is
currently funded in the 2020 Budget.
December 17, 2019 L - 2
2 years from now, in order to… / we must… / by focusing resources to… / we will…
Objectives (words) Goals (numbers) Strategies (words) Actions / Measures (numbers) Quality of Life 1. Preserve long-term
economic, ecological
and social wellbeing
while demonstrating
innovative and
desirable urban
design principles.
Adopt plans and policies by
the end of 2020 that pave
the way for:
A. Increased density for all
land uses.
B. Diverse housing options
in attractive mixed-use
neighborhoods.
C. Improved multi-modal
transportation
corridors.
D. Enhanced aesthetic that
celebrates unique local
history, climate, and
culture.
• Implement zoning to
encourage infill and support
mixed-use development in
existing neighborhoods
• Create process for consistent
code enforcement efforts
• Improve transportation
circulation patterns and
amenities for walking, biking,
and connecting
neighborhoods to
downtown, commercial
districts and trail systems
• Improve design and
beautification efforts in
parks, downtown, and visitor
areas
A. Increased density and efficient land use:
1. Implement City Code Compliance Program; hire necessary staff by Dec 31, 2019 CED, Legal, PD –
Updated time In 2020 Budget
• Evaluate implementation of 311 or similar system in conjunction with code compliance
program December 31, 2020 CM (IT Division) On Schedule
2. Evaluate vacant property fees/tax by Dec 31, 2019 Legal Complete
3. Annual Assessment of progress per AIA Urban Design Study Dec. 31, 2019 CM Update at
Meeting
4. Leverage city-owned assets for development (list) by Dec 31, 2020 CM, PW On Schedule
5. Evaluate feasibility of Volunteer Coordinator by Dec 31, 2020 CM (HR) On Schedule
B. Diverse housing options:
1. Complete Housing Needs Assessment by Feb 2019 CED and begin implementation of
assessment Project Complete
2. Update subdivision code to encourage infill by Dec 31, 2020 CED On schedule
C. Multi-modal transportation:
1. Implement Complete Streets Policy for transportation improvements that encourage safe
biking, walking, and transit use.
• Complete 10th Street construction June 30, 2019 PW Project Complete
• Complete 90% Construction Drawings for Lincoln Street by Dec 31, 2020 PW On Schedule
• Hill Street Bid Package Dec 31, 2019 PW, CED Behind schedule-design under further review
prior to bid package-anticipated March 31, 2020
• Race Street Complete Design Dec 31, 2020 CED On schedule
2. Provide multi-modal transportation maps by Dec 31, 2019 PW On schedule
D. Enhanced aesthetic:
1. Prepare bid-ready Wayfinding Plans by Dec 31, 2019 CED Behind schedule – Prepare by
March/April 2020
2. Update Sign Code by Dec 31, 2019 CED, Legal Converted to PAMC Update
3. Implement form-based techniques into zoning code updates by Dec 31, 2020 CED Converted to
PAMC Update
4. Improve Civic Field ADA sidewalk/entrance by June 30, 2019 P&R March 2020
5. Implement tobacco-free ordinance in parks and public spaces by Nov 30, 2019 P&R Converted
to PAMC Update
6. Replace Erickson Playfield Dream Playground by Dec 31, 2020 P&R On Schedule- New
Completed date is targeted for September 11, 2020
7. Remove unsafe playgrounds and plan for park revitalization: Lincoln Park, Charles Wilson Park,
Wolverton Park, and Pirate Ship at City Pier by Dec 31, 2020 P&R On schedule
8. Review and analysis of existing landscape standards and policy, identify gaps in policy and gaps
in enforcement for upholding City landscape standards and tree stewardship by Sep 30, 2019
CM & Multiple Departments Update at meeting
9. Public Restroom Replacement and assessment of bathroom facility availability by Dec 31, 2019
P&R In Budget for 2020
City of Port Angeles Strategic Plan 2019-2020 – Approved by Council January 15, 2019
Vision: The City of Port Angeles is vibrant and prospering, nurturing a balance of innovation and tradition to create an environmentally,
economically, and fiscally sustainable community, accepting and cherishing its social diversity, small-town character and natural setting.
December 17, 2019 L - 3
Objectives (words) Goals (numbers) Strategies (words) Actions / Measures (numbers) Financial Capacity 2. Build financial
capacity to provide
consistent, quality
municipal services
and infrastructure
improvements.
A. Identify City 5-year
priorities reflecting
forecasted revenues,
expenses, and
Council-driven
budget goals by year
end 2020.
• Leverage City-owned
assets
• Source new revenue
streams
• Evaluate multiple funding
models:
~ State / Federal grants
~ Property and asset sales
~ Special benefit districts
~ Public-private enterprise
~ Expand tax base
A. 5-year priorities reflecting forecasted revenues, expenses:
1. Update Long Range Financial Plan for 2019-24 by Aug 31, 2019 Finance Updated time – April
2020.
2. Provide Capital Facilities Plan for 2020-25 by May 8, 2019 Finance Complete
3. Plan for maturity of L.T.G.O. Bond by July 31, 2019 Finance Complete – Built into 2020 Budget.
4. Update Affordability Index to assess local taxes, utility rates, and disposable income against
regional benchmarks by June 30, 2019 Finance, PW Complete
5. Complete COSA by June 30, 2019 Finance Complete Organizational Excellence 3. Exemplify
excellence in
government and
community
leadership.
Adopt plans and policies
by the end of 2020 that
support and enable:
A. Identify 3 new or
improved methods of
promoting
community
awareness of City
plans, programs and
services by 2020.
B. Increase Council
inter-jurisdictional
collaboration.
C. Taking care of what
we have.
• Upgrade tools and
technology for internal
efficiency, transparency,
and convenience for
public use
• Improve external
communication and
protocols for managing
public expectations
• Leverage community
groups to provide for
citizen involvement
• Create inter-jurisdictional
Community Agendas led
by City Council members
• Collaborate with agencies
and organizations
A. Community Awareness:
1. Define Levels of Service Dec 31, 2019 CM, All Departments In Comp Plan
2. Implement Communication Plan by Dec 31, 2020 CM On schedule
3. Complete a community-driven Climate Action Plan by Nov 30, 2019 Council, FD Draft plan
forwarded to Planning Commission
• Identify feasible steps of zero waste, 100% recycling and renewables PW Dec 31, 2020 On
schedule
4. Continue Community Agenda topics: a) Housing, b) Homelessness issues, c) Schools, d) Opioid
crisis, e) Creeks Ongoing Council
5. Continue work on continuity of operations planning by Dec 31, 2019 FD Complete
6. Mass notification system training by Dec 31, 2019 FD Complete
B. Interjurisdictional Collaboration:
1. Provide City leadership to facilitate community-driven disaster preparedness (e.g. map your
neighborhood) by Dec 31, 2020 FD On schedule
2. Implement Community Paramedicine Program in 2019 & secure funding by Dec 31, 2020 FD On
schedule
3. PEN COM/JEFF COM Regionalization – merge dispatch database and deploy single enterprise
software solution for both counties Dec 31, 2020 PD Complete
4. Emergency Operations Center by December 31, 2020 FD & PD On schedule
5. Police Explorer Post – deploy police explorer program with vetted youth, trained law
enforcement, partnership w/Boy Scouts Dec 31, 2020 PD Completed
6. Clallam County PUD resolve long term water and electrical agreement concerns by Dec 31, 2020
PW On-Going
7. Dry Creek water agreement resolve long term water concerns by Dec 31, 2019 PW Complete
C. Taking Care of What We Have:
1. WA Association of Sheriffs and Police Chiefs Re-Accreditations Dec 31, 2019 PD Complete
2. Identify and evaluate the viability and values of excess properties not being used for municipal
purpose by Dec 31, 2019 (e.g. Morse Creek) CM, Legal, PW Continues in 2020
3. Implement life-cycle asset management plan for replacement costs by Sep 30, 2020 Finance,
PW, P&R On schedule
4. Manage claims by and against the City relating to Harbor Cleanup Dec 31, 2019 Legal Continues
in 2020
5. Analyze response times and fire related impacts to housing development Dec 31, 2020 in
conjunction with EOD FD On schedule
Department Key:
1. FD: Fire Department
2. PD: Police Department
3. P&R: Parks and Recreation
4. PW: Public Works
5. Legal
6. CED: Community and Economic Development
7. Finance
8. CM: City manager
December 17, 2019 L - 4
JAN FEB MAR APR MAY JUN JULAUG SEPOCT NOVTotalNEW CONSTRUCTION ‐1‐1‐‐2‐‐1‐5REPAIR AND ALTERATION23819111410181591718162NEW CONST. ‐‐‐2‐‐ ‐ ‐ ‐ ‐ ‐2REPAIR AND ALTERATION112111‐1‐‐‐8NEW CONSTRUCTION ‐‐‐‐‐‐‐‐‐‐‐0REPAIR AND ALTERATION‐‐‐1‐‐2‐‐ ‐ ‐3NEW MULTI FAMILY ‐‐‐‐‐‐‐1‐‐‐1NEW MANUFACTURED HOME ‐11‐2‐‐ ‐‐ ‐ ‐4NEW SINGLE FAMILY RESIDENCE 51321326131441NEW ACCESSORY STRUCTURE 121‐21‐12 1 213REPAIR AND ALTERATION6237485660436352545755587‐21‐36 1‐21117Total:9253757483648876688090843411558 3 3 3 2 843JAN FEB MAR APR MAY JUN JULAUG SEPOCT NOVTotalNEW CONSTRUCTION ‐$9,000.00‐$54,000.00‐‐$6,045,000.00‐‐$27,137,173.00‐33,245,173$ REPAIR AND ALTERATION $1,401,903.00 $605,596.00 $1,105,779.00 $239,741.00 $4,483,127.00 $115,673.00 $716,221.00 $633,301.00 $169,334.00 $821,281.00 $427,315.00 10,719,271$ NEW CONST. ‐‐‐$360,000.00‐‐ ‐ ‐ ‐ ‐ ‐360,000$ REPAIR AND ALTERATION$3,000.00 $500.00 $350.00 $60,000.00 $75,000.00 $7,000.00‐$6,100,000.00‐‐‐6,245,850$ NEW CONSTRUCTION ‐‐‐‐‐‐‐‐‐‐‐‐$ REPAIR AND ALTERATION‐‐‐$7,000.00‐‐$11,909,000.00‐‐ ‐ ‐11,916,000$ NEW MULTI FAMILY ‐‐‐‐‐‐‐$587,520.00‐‐‐587,520$ NEW MANUFACTURED HOME ‐$209,425.00 $60,000.00‐$455,098.00‐‐ ‐‐ ‐ ‐724,523$ NEW SINGLE FAMILY RESIDENCE $664,407.00$135,130.00$510,021.00 $505,000.00 $95,200.00 $287,836.00 $374,525.00 $1,213,250.00 $159,402.00 $428,125.00 $2,245,931.00 6,618,827$ NEW ACCESSORY STRUCTURE $29,317.00 $12,775.00 $23,000.00‐$62,000.00 $35,000.00‐$27,000.00 $102,000.00 $30,000.00 $79,980.00 401,072$ REPAIR AND ALTERATION$717,165.00 $250,059.00 $315,246.00 $519,982.00 $590,491.00 $759,716.00 $517,571.00 $553,507.00 $493,814.00 $702,929.00 $355,816.00 5,776,296$ ‐$0.00 $7,000.00‐$26,000.00 $297,000.00 $2,500.00‐$195,000.00 $0.00 $8,500.00 536,000$ Total: 2,815,792$ 1,222,485$ 2,021,396$ 1,745,723$ 5,786,916$ 1,502,225$ 19,564,817$ 9,114,578$ 1,119,550$ 29,119,508$ 3,117,542$ 77,130,532$ Res.DEMOLITION AND MOVING PublicPublic2019 Building Report ‐ Number of Permits IssuedComm. Ind. Res.DEMOLITION AND MOVING CERTIFICATES OF OCCUPANCY2019 Building Report ‐ Permit ValuationComm. Ind. December 17, 2019L - 5