HomeMy WebLinkAboutCouncil Packet 10/20/2020 OCTOBER 20, 2020
City of Port Angeles Council Meeting Agenda Amended
Additional information on attendance of this meeting will be found at www.citofpa.us
This meeting will be held virtually
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 5:00 p.m.—A closed Executive Session, under authority ofRCW 42.30.110(1)(i) to
discuss potential litigation with legal counsel.
Call to Order—Regular Meeting at 6:00 p.m.
B. Roll Call,Pledge of Allegiance
Ceremonial Matters, Proclamations & Employee Recognitions
1. Resiliency Awareness Month Proclamation
2. Arbor Day Proclamation
C. Public Comment
The City Council desires to allow the opportunity for Public Comment.However,the business of the City must proceed in an orderly,
timely manner.Written public comment can be submitted to:council&cityfpa.us,comments will not be read aloud but will be made
a part of the record. To provide pre-recorded messages to the City Council by phone,please call 360-417-4504. Messages received
will be provided to Council.These messages will be made a part of the record.Comments should be received by 2:00 pm.Tuesday,
October 20,2020.
To call in and provide oral public comment through a telephone line during the public meeting,call 425-636-9666 and use the
access code: 114895.This code is valid for the October 6 meeting only.This information can all be found on the City's website at
www.cityfpa.us
Members of the public may address the City Council at the beginning and end of any Regular Meeting under"Public Comment."
During the "Public Comment"portion of the meeting,individuals may speak to agenda items,except those scheduled for a Public
Hearing.
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 any time,the presiding officer,in the presiding officer's sole discretion,may set such reasonable limits as are
necessary to prevent disruption of other necessary business.
At its most restrictive,Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be
concluded not later than 9:45 for the second Public Comment period.
Individuals may speak for three(3)minutes or less,depending on the number of people wishing to speak.If more than 20 people are
signed up to speak each speaker may be allocated two(2)minutes.
Individuals who are residents of the City or own businesses within the City will be called to speak first,with preference given to those
who wish to speak to an item on the meeting's agenda.If time remains,the presiding officer will call other individuals wishing to
speak,generally in the order in which they have signed.If time is available,the presiding officer may call for additional unsigned
speakers.
October 20,2020 Port Angeles City Council Meeting Page 1
Persons speaking shall state their name,whether they reside within the City limits,whether they have any other pertinent connection
to the City,and whether they are appearing as the representative of an organization.Excerpts: 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 I Approve
1. City Council Minutes of September 15,2020/Approve.................................................................................................E-1
2. Expenditure Report:From September 26, 2020 and October 9, 2020 in the amount of$1,391,3 72.10/Approve.........E-6
3. US Coast Guard Memorandum of Agreement/Renew...................................................................................................E-24
4. PenCom Record Management Contract/Approve..........................................................................................................E-32
5. Acceptance of the Amendment to the Interlocal Agreement with Clallam County to Receive CARES Funding for the
COVID-19 Utility,Rental and Mortgage Relief Program/Approve..............................................................................E-38
F. Public Hearings 16:30 p.m. or Soon Thereafter
To provide oral or written public hearing testimony,follow the Public Comment instructions.
1. 2021 Budget Revenue Sources/Conduct Public Hearing..............................................................................................F-1
G. Ordinances Not Requiring Council Public Hearings
1. Water/Wastewater Bond Refunding Ordinance#3666/Amended to include: Conduct I"Reading/Continue to November 4
.........................................................................................................................................................................................G-1
H. Resolutions Not Requiring Council Public Hearings
1. Port Angeles School District Levy/Proposition 1 /Resolution for and Against/Discussion.......................................H-1
L Other Considerations
1. Broadband Feasibility Study and Community Outreach/Presentation..........................................................................I-1
J. Contracts & Purchasing
1. Stormwater Permit Implementation Support,Professional Services Agreement/Approve............................................J-1
K. Council Reports
1. 2021 City Legislative Priorities.......................................................................................................................................K-1
L. Information
City Manager Reports
2. Public Safety Advisory Board Update ............................................................................................................................L-1
3. 2020 September Building Report....................................................................................................................................L-3
4. Public Works and Utilities Grants and Loans Status Report...........................................................................................L-4
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.Written public comment can be submitted to:councilkcityfpa.us,comments will not be read aloud but will be made
a part of the record. To provide pre-recorded messages to the City Council by phone,please call 360-417-4504. Messages received
will be provided to Council.These messages will be made a part of the record.Comments should be received by 2:00 pm.Tuesday,
October 20,2020.
To call in and provide oral public comment through a telephone line during the public meeting,call 425-636-9666 and use the
access code: 114895.This code is valid for the October 6 meeting only.This information can all be found on the City's website at
www.cityfpa.us
Adjournment
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 hearingg process.
October 20,202-0 Port An eIes City Council Meeting Page 2
DocuSign Envelope ID:A621A4C5-D24A-45C5-9CD4-07C8BOCOE088
o�roF�n,y
C
PROCLAMATION
In Recognition of
Arbor Day
Whereas, in 1872,J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of trees; and
Whereas, the holiday,called Arbor Day,was first observed with the planting of more than a million trees
in Nebraska; and
Whereas, Arbor Day is now observed throughout the nation and the world; and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water,lower our heating and
cooling costs,moderate the temperature,clean the air,produce oxygen and provide habitat for
wildlife; and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and
countless other wood products; and
Whereas, trees in our City increase property values, enhance the economic vitality of business
areas, and beautify our community; and
Whereas, trees,wherever they are planted, are a source of joy and spiritual renewal; and
Whereas, the City worked with local groups including: Clallam Tree Alliance,Lower
Elwha Klallam Tribe,Friends of Ennis Creek, and Clallam Conservation
District to undertake plantings throughout the community including locations on
Peabody Street,Lion's Club Park and the Ennis Creek riparian corridor.
Whereas, this year over 210 trees will be planted in our watershed including native species
such as Western Hemlock,Western Red Cedar and Rocky Mountain Maple.
Whereas, the City of Port Angeles is recognized as a Tree City USA,and an Arbor Day
observance is an important responsibility of that designation.
NOW,THEREFORE,I Kate Dexter,Mayor of Port Angeles,do hereby proclaim:
October 20, 2020 as Arbor Day
in the City of Port Angeles,and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees
and woodlands, and further,I recognize the planting efforts of the City of Port Angeles,the Parks,Recreation&
Beautification Commission and the Clallam Tree Alliance at Lion's Club Park on October 23,2020.
Dated thi DocuSigneAq.th day of october in the year 2020
Mayor_
[ -W660451155IE409
CITY COUNCIL MEETING
Meeting held virtually
Port Angeles, Washington
September 15, 2020
CALL TO ORDER-REGULAR MEETING
Mayor Dexter called the regular meeting of the Port An geles City Council to order at 6:00 p.m.
ROLL CALL
Members Present: Mayor Dexter, Deputy Mayor Carr, Council Members French, Meyer, Schromen-Wawrin and
Suggs.
Members Absent: Council member McCaughan
Staff Present: City Manager West, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, K. Dubuc, B. Smith,
A. Brekke, and S. Carrizosa, and T. Hunter.
It was moved by Schromen-Wawrin and seconded by Carr to:
Excuse Council member McCaughan from the meeting.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
PLEDGE OF ALLEGIANCE
Mayor Dexter led the Pledge of Allegiance to the Flag.
CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS
1.Constitution Week Proclamation
Mayor Dexter read a proclamation recognizing the week of September 17-23, 2020 as Constitution Week.
PUBLIC COMMENT
Carolyn Wilcox, city resident, invited Council to attend a presentation t o be held during the Public Safety Advisory
Board meeting and spoke in favor of Council making changes to the Public Safety Advisory Board code.
Susan Rodman, residing outside the city limits, spoke about a petition she created in opposition of Council making
changes to the Public Safety Advisory Board code.
Therese Stokan, residing outside the city limits, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Marilyn Esh, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Jessica Elofsen, residing outside the city limits, on a pre-recorded line, spoke in favor of Council making changes to
the Public Safety Advisory Board code.
Cheyenne, City resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Sissi Bruch, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Helen, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory
Board code.
Jenna, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code.
October 20, 2020 E - 1
PORT ANGELES CITY COUNCIL MEETING – September 15, 2020
Page 2 of 5
Christi Cox, residing outside city limits, on a pre-recorded line, spoke in favor of Council making changes to the
Public Safety Advisory Board code.
Tanya Altstatt-Menchaca, residing outside city limits, on a pre-recorded line, spoke in favor of Council making
changes to the Public Safety Advisory Board code.
Imelda Jones, residing outside city limits, on a pre-recorded line, spoke in opposition of the Council making changes
to the Public Safety Advisory Board code.
Melissa Bells, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Clea Rome, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Paul Kelly, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Summer Skivanna, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety
Advisory Board code.
Shawne Johnson, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory
Board code.
Rachel, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory
Board code.
Nina Sarmiento, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory
Board code.
Susan Debey, residing outside city limits, on a pre-recorded line, spoke in favor of Council making changes to the
Public Safety Advisory Board code.
Kevin Rodman, on a pre-recorded line, spoke in opposition of Council making changes to the Public Safety Advisory
Board code.
Alan Barnard, residing outside city limits, on a pre-recorded line, spoke in opposition of Council making changes to
the Public Safety Advisory Board code.
OTHER CONSIDERATIONS
1. EOC 911 Center Westside Fire Project Update
Police Chief Brian Smith spoke briefly about the presentation and introduced Clallam County Sheriff’s Office EOC
Project Manager. Dale Jackson presented a PowerPoint presentation which included a proposed location, drawings,
and estimated cost projections. City Manager Nathan West spoke about the history of Council interest in prioritizing
the project and referenced the 2019-2020 strategic plan. Manager West shared that staff would bring back the item to
an October meeting for Council action. Council discussion followed.
The Mayor recessed the meeting for a break at 7:31 p.m. The meeting reconvened at 7:36 p.m.
LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS
City Manager added “Ratification to the CARES Act Agreement” to Contract and Purchasing as item J-3.
October 20, 2020 E - 2
PORT ANGELES CITY COUNCIL MEETING – September 15, 2020
Page 3 of 5
CONSENT AGENDA
By consensus, Council added J-1 to the consent agenda
It was moved by Meyer and seconded by French to approve the Consent Agenda to include:
Accept the Consent Agenda as read.
1. City Council Minutes of September 1, 2020 / Approve
2. Expenditure Report: From August 22, 2020 and September 4, 2020 in the amount of $1,873,607.91 / Approve
ITEM MOVED FROM J-1 F Street Substation Electrical Switchgear Upgrade Contract Award / Approve and award
a contract with KVA Electric, Inc of Arlington, Washington to upgrade the F Street Substation electrical switchgear
in the amount not to exceed, $283,353.28, including taxes, and authorize the City Manager to execute a contract
with KVA Electric and to make minor modifications as necessary.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS
1. Adjust Plat Alterations and Vacations
Director of Community and Economic Development, Allyson Brekke provided background on the agenda item and
spoke to the change made to the original proposed ordinance since the first reading. The change split one ordinance
into two separate ordinances. Ms. Brekke shared the ordinance would create a process for amending subdivision plats.
Mayor Dexter conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3663
AN ORDINANCE of the City of Port Angeles, Washington amending Hearing Examiner Chapter 2.18 of the Port
Angeles Municipal Code.
Mayor Dexter conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3664
AN ORDINANCE of the City of Port Angeles, Washington adding a new Chapter 16.14 to Title 16 Subdivisions of
the Port Angeles Municipal Code.
It was moved by Schromen-Wawrin and seconded by French to:
Adopt the ordinances as read.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
2. Public Safety Advisory Board Ordinance
Council member Schromen-Wawrin left the virtual meeting. Manager West provided background on the agenda item
and discussed the development of the proposed ordinance, wh ich included a Council approved change from the first
reading relative to the process of appointment for the Tribal positions.
Mayor Dexter conducted a second reading of the ordinance by title, entitled,
ORDINANCE NO. 3665
AN ORDINANCE of the City of Port Angeles, Washington amending the Public Safety Advisory Board Chapter
2.26 of the Port Angeles Municipal Code.
Council discussion followed.
It was moved by Suggs and seconded by Carr to:
Adopt the ordinance as read.
After a roll call vote, the motion carried 4-1, with Meyer opposed.
Council member Schromen-Wawrin rejoined the virtual meeting.
October 20, 2020 E - 3
PORT ANGELES CITY COUNCIL MEETING – September 15, 2020
Page 4 of 5
CONTRACTS & PURCHASING
1. Sodium Hypochlorite Generation System, CON 2020 -45
Public Works and Utilities Director Thomas Hunter provided background on the agenda item and said the system
referred to in the memo is hard to come by because of supply lead times caused by the current pandemic. Council
discussion followed.
It was moved by French and seconded by Suggs to:
Approve and award a contract with TMG Services, Inc. of Tacoma, WA, for the Sodium Hypochlorite Generation
System purchase and installation, CON 2020-45, for the total bid amount of $151,103.86 including applicable taxes,
and authorize the City Manager to execute a contract with TMG Servic es and to make minor modifications if
necessary.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
3. Washington State Department of Commerce Contract Amendment
Manager West spoke about the late agenda item and shared the amendment including payment from the state in the
amount of $294,300. Recognizing urgency, Manager West asked the Council to consider ratifying the agreem ent,
which provided additional funding and extended the spending deadline to November 30th. Council discussion
followed.
It was moved by Schromen-Wawrin and seconded by Meyer to:
Ratify the resolution authorizing the Mayor to sign a resolution, amending the original Council resolution and bring
the final resolution back to a October meeting as an information item.
The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0.
CITY COUNCIL REPORTS
Deputy Mayor Carr spoke about the recent smoky air conditions and passed on recommendations from Dr. Unthank
relative to self-care during the smoky conditions. She spoke about the need for people to get the flu vaccine relative
to complications from the COVID-19 pandemic, and shared information from the Board of Health meeting.
Council member French spoke about the Olympic Peninsula Tourism Commission meeting and what it may mean to
upcoming tourism. He spoke about a recent Chamber meeting and the effect it may have on future events because of
the pandemic.
Council member Schromen-Wawrin shared he would like to see Finance evaluate the life cycle of an EOC building.
He spoke about housing needs relative to the health pandemic and discussed ways State and Federal efforts could help
people feel more secure when faced with housing challenges. He spoke about challenges people are dealing with
locally and spoke about an upcoming AWC meeting.
Council member Suggs shared her interest in improving broadband coverage for the city and shared she was continuing
to work towards her receiving credits towards her Certificate of Municipal Leadership. She discussed a suggestion
she shared with AWC regarding e-learning.
Council member Meyer spoke about the audit conference and spoke about PAPA’s second channel and an upcoming
Clallam Transit System meeting.
Mayor Dexter spoke about the challenges of online schooling and shared her appreciation for the work done by
teachers relative to the process.
No other reports were given.
INFORMATION
Manager West reminded Council of the upcoming broadband study, public outreach, and discussed an update from
staff on the matter. He reminded Council of an upcoming work session on multi-modal transportation and a Jurassic
Parliament training. He shared an update on the rental, mortgage and utility assistance program and noted there were
no findings from the auditors.
October 20, 2020 E - 4
PORT ANGELES CITY COUNCIL MEETING – September 15, 2020
Page 5 of 5
ADJOURNMENT
Mayor Dexter adjourned the meeting at 9:14 p.m.
The Mayor announced the next meeting, to be held on September 22, 2020.
_____________________________________ _______________________________
Kate Dexter, Mayor Kari Martinez-Bailey, Deputy Clerk
October 20, 2020 E - 5
........
I 1
i P
RTEl
NGELES
W A S H I N G T O N, U. S. A.
l
1
MEMO
October 20, 2020
i
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
$1,391,272.10 this 20th day of October 2020.
Finance Director
Trina McKee
Senior Accountant L ✓
MarySue French Mayor City Manager
Senior Accountant
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
I,
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
MISC DEPOSIT & PERMIT REFUNDS SALES TAX REIMBURSEMENT 001-0000-237.30-00 20.75
OL REFUNDS 001-0000-213.10-91 25.00
Division Total:$45.75
Department Total:$45.75
PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2023-514.31-80 335.65
OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 124.05
OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 5.59
OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 4.53
WASHINGTON (AUDITOR), STATE
OF
FINANCIAL SERVICES 001-2023-514.41-50 4,184.70
Accounting Division Total:$4,654.52
QUADIENT RENTAL/LEASE EQUIPMENT 001-2070-518.45-30 1,118.61
Reprographics Division Total:$1,118.61
Finance Department Total:$5,773.13
CLALLAM CNTY COMMISSIONER'S
OFFICE
SUPPLIES 001-3012-598.51-23 73,794.98
Jail Contributions Division Total:$73,794.98
LEXISNEXIS PUBLICATION/AUDIOVISUAL 001-3030-515.49-01 375.36
City Attorney Division Total:$375.36
City Attorney Department Total:$74,170.34
HARBORTOWNE MISCELLANEOUS SERVICES 001-4071-558.49-91 1,000.00
Economic Development Division Total:$1,000.00
Community Development Department Total:$1,000.00
CLALLAM CNTY SHERIFF'S DEPT RADIO & TELECOMMUNICATION 001-5010-521.42-13 24,000.00
OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5010-521.31-01 130.56
Police Administration Division Total:$24,130.56
LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 35.41
Investigation Division Total:$35.41
DOOLEY ENTERPRISES, INC POLICE EQUIPMENT & SUPPLY 001-5022-521.31-80 3,596.17
LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 35.65
SHIPPING AND HANDLING 001-5022-521.42-10 11.50
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
OREGON CITY CARRIER/PATCH 001-5022-521.31-11 268.34
MISC TRAVEL MORSE-SIMUNITION INSTRUCT 001-5022-521.43-10 447.12
T RIFE-SIMUNITION RECERT 001-5022-521.43-10 78.47
OLYMPIC PENINSULA COMMUNITY MISC PROFESSIONAL SERVICE 001-5022-521.41-50 7,000.00
Page 1 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 6
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
CLINIC MISC PROFESSIONAL SERVICE 001-5022-521.41-50 27,458.75
MISC PROFESSIONAL SERVICE 001-5022-521.41-50 7,000.00
MISC PROFESSIONAL SERVICE 001-5022-521.41-50 20,468.75
SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 001-5022-521.31-11 39.97
VIKING SEW & VAC MISCELLANEOUS SERVICES 001-5022-521.31-11 32.61
WA STATE CRIMINAL JUSTICE HUMAN SERVICES 001-5022-521.43-10 95.00
WA STATE PATROL HUMAN SERVICES 001-5022-521.43-10 840.00
Patrol Division Total:$67,372.33
OLYMPIC STATIONERS INC PRINTING,SILK SCR,TYPSET 001-5029-521.31-01 10.88
PETEK, THOMAS C PHD HEALTH RELATED SERVICES 001-5029-521.41-50 300.00
QUILL CORPORATION HOSP SURG ACCES & SUNDRIS 001-5029-521.31-01 18.90
SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 001-5029-521.31-01 9.91
Records Division Total:$339.69
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 001-5050-521.48-10 800.49
Facilities Maintenance Division Total:$800.49
Police Department Total:$92,678.48
CASTLE BRANCH, INC ENVIRONMENTAL&ECOLOGICAL 001-6010-522.41-50 129.00
LEMAY MOBILE SHREDDING OFFICE MACHINES & ACCESS 001-6010-522.31-01 31.80
Fire Administration Division Total:$160.80
GALLS SALE SURPLUS/OBSOLETE 001-6020-522.31-11 11.09
SALE SURPLUS/OBSOLETE 001-6020-522.31-11 76.09
SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-01 12.77
SUPPLIES 001-6020-522.31-01 21.73
WITMER PUBLIC SAFETY GROUP SHOES AND BOOTS 001-6020-522.31-11 540.72
Fire Suppression Division Total:$662.40
ANGELES MILLWORK & LUMBER SUPPLIES 001-6045-522.31-01 332.22
MISC TRAVEL MCFARLAND-FIRE OFFICER I 001-6045-522.43-10 354.90
Fire Training Division Total:$687.12
CED/CONSOLIDATED ELEC DIST AUTO & TRUCK MAINT. ITEMS 001-6050-522.31-20 215.42
KNIGHT FIRE PROTECTION INC PW CONSTRUCTION & RELATED 001-6050-522.48-10 397.12
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 001-6050-522.48-10 1,848.51
OLYMPIC PARTY & CUSTODIAL
SUPPLIES
SUPPLIES 001-6050-522.31-01 60.65
SWAIN'S GENERAL STORE INC SUPPLIES 001-6050-522.48-10 8.06
Page 2 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 7
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
Facilities Maintenance Division Total:$2,529.76
Fire Department Total:$4,040.08
AMAZON CAPITAL SERVICES VISUAL EDUCATION EQUIPMNT 001-7010-532.31-01 43.51
SCHUNZEL, STEVEN THOMAS DATA PROC SERV &SOFTWARE 001-7010-532.41-50 600.00
DATA PROC SERV &SOFTWARE 001-7010-532.41-50 600.00
Public Works Admin. Division Total:$1,243.51
Public Works & Utilities Department Total:$1,243.51
MISC DEPOSIT & PERMIT REFUNDS LINER PLACEMENT REIMBURSE 001-8050-343.60-14 400.00
LINER REIMBURSEMENT 001-8050-343.60-16 250.00
OPENING & CLOSING REIMBUR 001-8050-343.60-14 475.00
SELL BACK PROPERTY 001-8050-343.60-12 637.00
C1 DISINTERMENT SELL BACK 001-8050-343.60-12 150.00
PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-8050-536.31-01 87.03
QUIRING MONUMENTS INC SUPPLIES 001-8050-536.34-01 165.00
SUPPLIES 001-8050-536.34-01 165.00
SUPPLIES 001-8050-536.34-01 197.00
SUPPLIES 001-8050-536.34-01 384.00
SUPPLIES 001-8050-536.34-01 435.00
SOUND PUBLISHING INC SUPPLIES 001-8050-536.41-15 325.00
Ocean View Cemetery Division Total:$3,670.03
ANGELES CONCRETE PRODUCTS SUPPLIES 001-8080-576.31-20 711.99
SUPPLIES 001-8080-576.31-20 555.46
ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 51.80
SUPPLIES 001-8080-576.31-20 224.49
SUPPLIES 001-8080-576.31-20 30.51
SUPPLIES 001-8080-576.31-20 231.41
SUPPLIES 001-8080-576.31-20 543.36
BILL'S PLUMBING & HEATING INC SUPPLIES 001-8080-576.45-30 95.00
BSN SPORTS SUPPLIES 001-8080-576.31-20 566.73
FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 206.47
FIRE CHIEF EQUIPMENT CO, INC SUPPLIES 001-8080-576.48-10 334.80
SUPPLIES 001-8080-576.48-10 369.25
SUPPLIES 001-8080-576.48-10 511.36
GLASS SERVICES CO INC SUPPLIES 001-8080-576.31-20 78.34
SARGENT ENGINEERING, INC ENGINEERING SERVICES 001-8080-576.48-10 3,866.14
Page 3 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 8
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
SEARS COMMERCIAL ONE SUPPLIES 001-8080-576.31-20 69.71
SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-01 195.70
THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 6.29
Parks Facilities Division Total:$8,648.81
Parks & Recreation Department Total:$12,318.84
KNIGHT FIRE PROTECTION INC SUPPLIES 001-8112-555.48-10 299.20
OTIS ELEVATOR COMPANY INC SUPPLIES 001-8112-555.48-10 3,458.93
Senior Center Facilities Division Total:$3,758.13
AIRPORT GARDEN CENTER SUPPLIES 001-8131-518.31-20 51.05
ANGELES MILLWORK & LUMBER SUPPLIES 001-8131-518.31-20 13.27
CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8131-518.31-20 94.66
SUPPLIES 001-8131-518.31-20 48.96
FAMILY SHOE STORE SUPPLIES 001-8131-518.31-01 182.74
HI-TECH ELECTRONICS INC SUPPLIES 001-8131-518.48-10 391.55
HOME DEPOT PRO-SUPPLYWORKS SUPPLIES 001-8131-518.31-01 55.47
KNIGHT FIRE PROTECTION INC SUPPLIES 001-8131-518.48-10 397.12
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 001-8131-518.48-10 1,791.39
MATHEWS GLASS CO INC SUPPLIES 001-8131-518.31-20 393.01
SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-01 7.58
SUPPLIES 001-8131-518.31-20 70.56
SUPPLIES 001-8131-518.31-20 7.58
THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 39.15
SUPPLIES 001-8131-518.31-20 33.35
SUPPLIES 001-8131-518.31-20 31.49
SUPPLIES 001-8131-518.31-20 21.27
Central Svcs Facilities Division Total:$3,630.20
ASM SIGNS SUPPLIES 001-8155-575.41-50 359.04
Facility Rentals Division Total:$359.04
Facilities Maintenance Department Total:$7,747.37
DEPT OF NATURAL RESOURCES CONSULTING SERVICES 001-9029-518.41-50 392.71
MISC ONE-TIME VENDORS MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00
MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00
MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00
MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00
Page 4 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 9
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
MISC ONE-TIME VENDORS MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00
MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00
PACIFICA LAW GROUP, LLP MISC PROFESSIONAL SERVICE 001-9029-518.41-50 900.00
MISC PROFESSIONAL SERVICE 001-9029-518.41-50 3,450.00
General Unspecified Division Total:$7,742.71
Non-Departmental Department Total:$7,742.71
General Fund Fund Total:$206,760.21
JUAN DE FUCA FOUNDATION MISCELLANEOUS SERVICES 101-1430-557.41-50 7,140.00
OLYMPIC PENINSULA VISITOR
BUREAU
CONSULTING SERVICES 101-1430-557.41-50 2,500.34
Lodging Excise Tax Division Total:$9,640.34
Lodging Excise Tax Department Total:$9,640.34
Lodging Excise Tax Fund Total:$9,640.34
AMAZON CAPITAL SERVICES SUPPLIES 102-7230-542.31-01 118.91
SUPPLIES 102-7230-542.31-01 257.85
ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 68.02
LUMBER& RELATED PRODUCTS 102-7230-542.31-20 27.22
LUMBER& RELATED PRODUCTS 102-7230-542.31-20 92.95
HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 70.42
LUMBER& RELATED PRODUCTS 102-7230-542.31-20 27.22
HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 10.86
HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 27.15
BUILDER'S SUPPLIES 102-7230-542.31-20 68.78
FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 47.72
HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 205.63
ELECTRICAL EQUIP & SUPPLY 102-7230-542.31-20 46.16
HARTNAGEL BUILDING SUPPLY INC FURNITURE, OFFICE 102-7230-542.31-01 249.55
HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 176.82
LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 306.49
ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 3,317.08
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 102-7230-542.48-10 693.43
PORT ANGELES POWER
EQUIPMENT
HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 373.20
NURSERY STOCK & SUPPLIES 102-7230-542.35-01 54.23
SUPPLIES 102-7230-542.31-01 59.68
Page 5 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 10
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 12.30
SHOTWELL CORP, JONATHAN BUILDING MAINT&REPAIR SER 102-7230-542.31-20 10.00
BUILDING MAINT&REPAIR SER 102-7230-542.31-20 20.00
SUMMIT SAFETY SHOES, LLC SHOES AND BOOTS 102-7230-542.31-01 208.84
SWAIN'S GENERAL STORE INC SHOES AND BOOTS 102-7230-542.31-01 217.46
THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 102-7230-542.31-20 43.73
Street Division Total:$6,811.70
Public Works-Street Department Total:$6,811.70
Street Fund Total:$6,811.70
BUSINESS TELECOM PRODUCTS,
INC
RADIO & TELECOMMUNICATION 107-5160-528.31-14 285.61
CENTURYLINK-QWEST 07B-02 A/C 360Z020380301 107-5160-528.42-11 190.49
08-02 A/C 360Z020380301B 107-5160-528.42-11 195.69
360Z020380301B 107-5160-528.42-11 198.40
CLALLAM CNTY INFORMATION
TECHNOLOGY
DATA PROC SERV &SOFTWARE 107-5160-528.51-01 18,000.00
FORTINO, SONDRA MARIE MISC PROFESSIONAL SERVICE 107-5160-528.41-50 911.81
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 107-5160-528.48-10 800.50
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
100% TUITION REIMBURSE K 107-5160-528.43-10 1,781.26
OLYPEN, INC COMPUTER HARDWARE&PERIPHE 107-5160-528.42-11 2,835.33
CONSULTING SERVICES 107-5160-528.42-11 598.40
MANAGEMENT SERVICES 107-5160-528.42-11 889.98
PETEK, THOMAS C PHD HEALTH RELATED SERVICES 107-5160-528.41-50 300.00
QUILL CORPORATION COMPUTERS,DP & WORD PROC. 107-5160-528.31-01 133.16
COMPUTERS,DP & WORD PROC. 107-5160-528.31-01 319.19
SCHOOL EQUIP& SUPPLIES 107-5160-528.31-01 18.59
SHORE POLYGRAPH SERVICES SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 300.00
SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 300.00
WA STATE PATROL COMPUTER SOFTWARE FOR MIN 107-5160-528.41-50 1,200.00
Pencom Division Total:$29,258.41
Pencom Department Total:$29,258.41
Pencom Fund Total:$29,258.41
MISC ONE-TIME VENDORS RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
Page 6 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 11
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
MISC ONE-TIME VENDORS A. LORENZO-RENTAL ASSISTA 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 300.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
RENTAL ASSISTANCE 172-4130-551.49-90 500.00
PA Housing Rehabilitation Division Total:$12,600.00
PA Housing Rehabilitation Department Total:$12,600.00
PA Housing Rehab Proj Fund Total:$12,600.00
BILL'S PLUMBING & HEATING INC RENTAL/LEASE EQUIPMENT 310-5950-594.65-10 95.00
CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 310-5950-594.65-10 266.95
Page 7 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 12
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 310-5950-594.65-10 148.51
OAC SERVICES, INC. MISC PROFESSIONAL SERVICE 310-5950-594.65-10 2,940.00
Homeland Security Division Total:$3,450.46
Public Safety Projects Department Total:$3,450.46
ANGELES MILLWORK & LUMBER SUPPLIES 310-8985-594.65-10 23.10
SUPPLIES 310-8985-594.65-10 47.87
Misc Parks Projects Division Total:$70.97
Capital Proj-Parks & Rec Department Total:$70.97
Capital Improvement Fund Total:$3,521.43
PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 16,179.92
GF-Street Projects Division Total:$16,179.92
Capital Projects-Pub Wks Department Total:$16,179.92
Transportation Benefit Fund Total:$16,179.92
A/R MISCELLANEOUS REFUNDS DIFF OF ACT VS EST 401-0000-213.10-90 1,358.41
DIFF OF ACT VS EST-OMC 401-0000-213.10-90 5,428.10
ANIXTER, INC Corr Duplicate Credit 401-0000-141.41-00 788.08
CARLSON SALES METERING
SOLUTIONS
ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 2,226.18
MISC UTILITY DEPOSIT REFUNDS DEPOSIT REFUND 401-0000-122.10-99 250.00
FINAL CREDIT-1340A CAMPBE 401-0000-122.10-99 66.86
FINAL BILL REFUND 401-0000-122.10-99 52.60
FINAL BILL REFUND 401-0000-122.10-99 81.37
FINAL BILL REFUND 401-0000-122.10-99 612.24
FINAL BILL REFUND 401-0000-122.10-99 13.90
FINAL BILL REFUND 401-0000-122.10-99 33.11
FINAL BILL REFUND 401-0000-122.10-99 831.93
OVERPAYMENT-2426 WOODSIDE 401-0000-122.10-99 123.64
OLDCASTLE PRECAST, INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 5,933.95
Division Total:$17,800.37
Department Total:$17,800.37
ARBITRAGE COMPLIANCE
SPECIALISTS
FINANCIAL SERVICES 401-7180-533.41-50 2,750.00
CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 29.02
ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 56.68
ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 28.83
Page 8 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 13
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
GRAINGER ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 44.98
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 1,535.17
PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 23.51
FASTENERS, FASTENING DEVS 401-7180-533.34-02 9.45
FASTENERS, FASTENING DEVS 401-7180-533.34-02 10.56
ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 9.98
ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 75.88
ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 72.12
ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 21.24
ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 205.79
ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 15.99
Electric Operations Division Total:$4,889.20
Public Works-Electric Department Total:$4,889.20
Electric Utility Fund Total:$22,689.57
FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 112.06
PIPE AND TUBING 402-0000-141.40-00 95.74
Division Total:$207.80
Department Total:$207.80
BAXTER AUTO PARTS #15 SUPPLIES 402-7380-534.31-20 37.23
CASCADE COLUMBIA
DISTRIBUTION, INC
WATER&SEWER TREATING CHEM 402-7380-534.31-05 3,539.16
CLINICARE, LLC HEALTH RELATED SERVICES 402-7380-534.49-90 175.00
EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 512.11
FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP.402-7380-534.31-01 75.05
JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 402-7380-534.48-10 884.28
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 1,539.19
EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 1,781.06
EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 2,484.99
EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 7,365.76
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
MEAL REIMBURSEMENT 402-7380-534.31-01 38.00
MEAL REIMBURSEMENT 402-7380-534.31-01 38.00
MEAL REIMBURSEMENT 402-7380-534.31-01 38.00
MEAL REIMBURSEMENT 402-7380-534.31-01 38.00
PORT ANGELES POWER
EQUIPMENT
HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 466.50
Page 9 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 14
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
PORT ANGELES POWER
EQUIPMENT
AUTO SHOP EQUIPMENT & SUP 402-7380-534.31-01 50.93
PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 42.43
MISC PROFESSIONAL SERVICE 402-7380-534.47-10 56.71
SHOTWELL CORP, JONATHAN BUILDING MAINT&REPAIR SER 402-7380-534.48-10 300.00
BUILDING MAINT&REPAIR SER 402-7380-534.48-10 100.00
BUILDING MAINT&REPAIR SER 402-7380-534.48-10 75.00
SWAIN'S GENERAL STORE INC SHOES AND BOOTS 402-7380-534.31-01 190.26
Water Division Total:$19,827.66
DM DISPOSAL CO. BUILDING MAINT&REPAIR SER 402-7382-534.41-50 48.62
FASTENAL INDUSTRIAL HAND TOOLS ,POW&NON POWER 402-7382-534.31-20 76.13
SUPPLIES 402-7382-534.31-20 27.11
L & L TOOL SPECIALTIES SUPPLIES 402-7382-534.31-01 39.08
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 402-7382-534.48-10 3,265.85
EQUIP MAINT & REPAIR SERV 402-7382-534.48-10 3,933.13
EQUIP MAINT & REPAIR SERV 402-7382-534.48-10 4,410.53
PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 42.43
Industrial Water Treatmnt Division Total:$11,842.88
Public Works-Water Department Total:$31,670.54
Water Utility Fund Total:$31,878.34
BRANOM INSTRUMENT COMPANY ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 718.03
EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 454.13
FASTENAL INDUSTRIAL SUPPLIES 403-7480-535.31-01 130.78
FIRST AID & SAFETY EQUIP.403-7480-535.31-01 56.55
FIRST AID & SAFETY EQUIP.403-7480-535.31-01 71.14
FERGUSON ENTERPRISES INC SUPPLIES 403-7480-535.31-20 363.83
GORDON-GT & ASSOCIATES, INC PIPE FITTINGS 403-7480-535.31-20 4,497.79
HASA, INC CHEMICAL, COMMERCIAL,BULK 403-7480-535.31-05 5,380.29
HEARTLINE ELECTRONIC COMPONENTS 403-7480-535.31-01 38.03
JEFFERSON COUNTY AUDITOR BUILDING MAINT&REPAIR SER 403-7480-535.41-50 887.72
JOHNSON CONTROLS SECURITY
SOLUTIONS
SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 420.00
SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 276.46
SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 298.75
KUBWATER RESOURCES, INC. WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,116.03
LEGACY TELECOMMUNICATIONS, EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,296.90
Page 10 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 15
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
INC EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,317.57
EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,539.19
EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,756.03
EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,781.06
EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 2,279.36
EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 2,484.99
EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 5,259.39
NCL NORTH CENTRAL
LABORATORIES
CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 562.31
NORTHWEST PUMP AND
EQUIPMENT CO
PUMPS & ACCESSORIES 403-7480-535.31-20 2,531.06
OLYMPIC SYNTHETIC PRODUCTS WATER SEWAGE TREATMENT EQ 403-7480-535.35-01 31.61
PACIFIC OFFICE EQUIPMENT INC FURNITURE, OFFICE 403-7480-535.31-01 1,228.61
COMPUTER ACCESSORIES&SUPP 403-7480-535.31-01 124.23
SIEMENS INDUSTRY, INC.-
GEORGIA
TESTING&CALIBRATION SERVI 403-7480-535.45-30 611.46
SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 403-7480-535.41-15 104.28
PUBLICATION/AUDIOVISUAL 403-7480-535.41-15 104.28
SWAIN'S GENERAL STORE INC SHOES AND BOOTS 403-7480-535.31-01 124.98
THURMAN SUPPLY CONTRL,INDICA,RECORD INST 403-7480-535.31-20 46.03
AIR CONDITIONING & HEATNG 403-7480-535.31-20 110.05
SUPPLIES 403-7480-535.31-01 19.07
USA BLUEBOOK WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 1,211.74
Wastewater Division Total:$42,233.73
Public Works-WW/Stormwtr Department Total:$42,233.73
Wastewater Utility Fund Total:$42,233.73
OLYMPIC STATIONERS INC SUPPLIES 404-7538-537.31-01 12.49
WASTE CONNECTIONS, INC BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 409,749.03
ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,438.58
ENVIRONMENTAL&ECOLOGICAL 404-7538-537.45-30 5,367.27
ENVIRONMENTAL&ECOLOGICAL 404-7538-582.75-10 43,403.42
ENVIRONMENTAL&ECOLOGICAL 404-7538-592.83-10 19,375.31
SW - Transfer Station Division Total:$479,346.10
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 404-7580-537.48-10 693.44
WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 66,315.65
Page 11 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 16
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
Solid Waste-Collections Division Total:$67,009.09
2 GRADE, LLC ROADSIDE,GRNDS,REC, PARK 404-7585-537.48-10 41,682.79
ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 615.35
Solid Waste-Landfill Division Total:$42,298.14
Public Works-Solid Waste Department Total:$588,653.33
Solid Waste Utility Fund Total:$588,653.33
GORDON-GT & ASSOCIATES, INC SUPPLIES 406-7412-538.31-20 1,589.75
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
REIMBURSEMENT/V.MCINTYRE 406-7412-538.41-50 183.33
NORTH HILL RESOURCES, INC MACHINERY & HEAVY HRDWARE 406-7412-538.48-10 16,344.43
SHOTWELL CORP, JONATHAN BUILDING MAINT&REPAIR SER 406-7412-538.31-20 130.00
SOURCE MOLECULAR CORP. MISC PROFESSIONAL SERVICE 406-7412-538.41-50 630.00
Stormwater Division Total:$18,877.51
Public Works-WW/Stormwtr Department Total:$18,877.51
Stormwater Utility Fund Total:$18,877.51
CLALLAM CNTY EMS MEMBERSHIPS 409-6025-526.41-50 900.00
EMERGENCY REPORTING MEMBERSHIPS 409-6025-526.41-50 522.24
EMSCONNECT MEMBERSHIPS 409-6025-526.43-10 222.00
KNB FIRE SALE SURPLUS/OBSOLETE 409-6025-526.48-10 3,481.60
LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-13 205.33
OLYMPIC OXYGEN SALE SURPLUS/OBSOLETE 409-6025-526.31-13 54.40
SYSTEMS DESIGN WEST, LLC CONSULTING SERVICES 409-6025-526.41-50 2,483.30
Medic I Division Total:$7,868.87
Fire Department Total:$7,868.87
Medic I Utility Fund Total:$7,868.87
AIR FLO HEATING COMPANY INC CITY REBATE 421-7121-533.49-86 500.00
DAVE'S HEATING & COOLING SVC CITY REBATE 421-7121-533.49-86 500.00
WESTPORT, LLC CITY REBATE 421-7121-533.49-86 2,400.00
Conservation Division Total:$3,400.00
Public Works-Electric Department Total:$3,400.00
Conservation Fund Total:$3,400.00
EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 453-7488-594.65-10 1,196.35
Wastewater Projects Division Total:$1,196.35
Public Works-WW/Stormwtr Department Total:$1,196.35
WasteWater Utility CIP Fund Total:$1,196.35
Page 12 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 17
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (73.88)
BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 10.66
AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 12.93
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 30.91
BELTS AND BELTING 501-0000-141.40-00 24.37
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 160.48
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 10.30
HOSES, ALL KINDS 501-0000-141.40-00 97.59
HOSES, ALL KINDS 501-0000-141.40-00 7.14
FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 187.64
GCR TIRES & SERVICE AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,125.29
HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 142.47
KAMAN INDUSTRIAL
TECHNOLOGIES
POWER TRANSMISSION EQUIPM 501-0000-141.40-00 166.86
NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 38.62
AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 123.56
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 341.65
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 12.91
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 34.90
O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 12.39
OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 596.51
PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 150.91
SEATTLE AUTOMOTIVE
DISTRIBUTING
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 87.24
SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 239.56
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 353.45
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 385.24
TACOMA DODGE CHRYSLER JEEP AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 45.00
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 17.94
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 47.34
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 27.07
AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 268.01
TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 24.21
Division Total:$4,709.27
Department Total:$4,709.27
Page 13 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 18
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 31.46
AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 64.14
AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 42.87
ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.98
LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.98
BAXTER AUTO PARTS #15 HOSES, ALL KINDS 501-7630-548.31-01 7.37
CUMMINS NORTHWEST INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (339.69)
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,090.08
DAREN'S POINT S AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 164.99
EXTERNAL LABOR SERVICES 501-7630-548.34-02 35.87
EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.44
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 101.77
EXTERNAL LABOR SERVICES 501-7630-548.34-02 714.96
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 84.63
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 166.04
EXTERNAL LABOR SERVICES 501-7630-548.34-02 48.80
EXTERNAL LABOR SERVICES 501-7630-548.34-02 354.31
EXTERNAL LABOR SERVICES 501-7630-548.34-02 20.13
EXTERNAL LABOR SERVICES 501-7630-548.34-02 48.96
EXTERNAL LABOR SERVICES 501-7630-548.34-02 70.72
EXTERNAL LABOR SERVICES 501-7630-548.34-02 303.00
FAR-WEST MACHINE &
HYDRAULICS
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 201.54
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 65.86
EXTERNAL LABOR SERVICES 501-7630-548.34-02 652.80
LEGACY TELECOMMUNICATIONS,
INC
EQUIP MAINT & REPAIR SERV 501-7630-548.34-02 1,539.19
LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 47.91
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 368.64
EXTERNAL LABOR SERVICES 501-7630-548.34-02 130.56
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 711.73
EXTERNAL LABOR SERVICES 501-7630-548.34-02 113.80
EXTERNAL LABOR SERVICES 501-7630-548.34-02 71.84
LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 501-7630-548.34-02 6.94
AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 68.88
NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (20.19)
Page 14 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 19
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 28.28
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 75.38
OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 205.89
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 422.07
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 11,793.49
EXTERNAL LABOR SERVICES 501-7630-548.34-02 3,562.44
PAPE' MACHINERY AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 412.84
R & S TRANSPORT, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 478.28
EXTERNAL LABOR SERVICES 501-7630-548.34-02 478.28
RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 67.83
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 147.97
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 249.58
RUDY'S AUTOMOTIVE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 137.19
BELTS AND BELTING 501-7630-548.34-02 37.44
EXTERNAL LABOR SERVICES 501-7630-548.34-02 106.62
EXTERNAL LABOR SERVICES 501-7630-548.34-02 319.87
SNAP-ON TOOLS - CHUGGER
DEANE
AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 62.29
SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,896.90
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 384.52
TACOMA DODGE CHRYSLER JEEP AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (1,102.00)
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 70.84
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 245.97
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 53.21
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 282.11
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 297.10
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 38.57
AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 222.49
EXTERNAL LABOR SERVICES 501-7630-548.34-02 192.85
EXTERNAL LABOR SERVICES 501-7630-548.34-02 809.98
WESTERN STEEL METALS,BARS,PLATES,RODS 501-7630-548.34-02 609.68
Equipment Services Division Total:$30,618.27
Public Works Department Total:$30,618.27
Equipment Services Fund Total:$35,327.54
HSA BANK HSA Service Fee 503-1631-517.41-50 305.00
Page 15 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 20
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
REDACTED Disability Board-Sept 503-1631-517.46-35 252.70
Disability Board-Sept 503-1631-517.46-35 281.12
Disability Board-Sept 503-1631-517.46-35 322.29
Disability Board-Sept 503-1631-517.46-35 649.52
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 108.00
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 108.00
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 108.00
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 121.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 123.50
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 123.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 134.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 396.60
REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 602.60
REDQUOTE, INC. HRA REIMBURSEMENT 503-1631-517.46-30 1,123.03
HRA REIMBURSEMENT 503-1631-517.46-30 940.97
Other Insurance Programs Division Total:$7,002.53
WASHINGTON HOSPITAL SVCS AUGUST 2020 FEE CONTRACT 503-1661-517.41-40 750.00
SEPTEMBER 2020 FEE CONTRA 503-1661-517.41-40 750.00
Worker's Compensation Division Total:$1,500.00
WILLIAMS, KASTNER & GIBBS PLLC LEGAL PROFESSIONAL SVCS 503-1671-517.49-98 5,278.61
Comp Liability Division Total:$5,278.61
Self Insurance Department Total:$13,781.14
Self-Insurance Fund Total:$13,781.14
REDACTED REIMBURSE MEDICARE-AUGUST 602-6221-517.46-35 127.00
REIMBURSE MEDICARE-AUGUST 602-6221-517.46-35 127.60
Fireman's Pension Division Total:$254.60
Page 16 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 21
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
Fireman's Pension Department Total:$254.60
Firemen's Pension Fund Total:$254.60
AFLAC PAYROLL SUMMARY 920-0000-231.53-11 192.31
PAYROLL SUMMARY 920-0000-231.53-12 386.54
EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 580.00
EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 182.92
PAYROLL SUMMARY 920-0000-231.52-20 22,987.87
FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 68,647.88
FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 24.64
PAYROLL SUMMARY 920-0000-231.50-20 81,712.38
HSA BANK PAYROLL SUMMARY 920-0000-231.52-40 4,481.04
ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 22,351.54
JOHN HANCOCK LIFE INSURANCE
CO
PAYROLL SUMMARY 920-0000-231.52-25 2,482.44
LEOFF PAYROLL SUMMARY 920-0000-231.51-21 112.54
PAYROLL SUMMARY 920-0000-231.51-21 29,546.88
PAYROLL SUMMARY 920-0000-231.51-21 (112.54)
PAYROLL SUMMARY 920-0000-231.51-21 112.54
OFFICE OF SUPPORT
ENFORCEMENT
PAYROLL SUMMARY 920-0000-231.56-20 230.76
PERS PAYROLL SUMMARY 920-0000-231.51-10 1,459.80
PAYROLL SUMMARY 920-0000-231.51-11 15,817.67
PAYROLL SUMMARY 920-0000-231.51-12 83,193.78
PAYROLL SUMMARY 920-0000-231.51-10 (1,459.80)
PAYROLL SUMMARY 920-0000-231.51-10 1,459.80
PAYROLL SUMMARY 920-0000-231.51-11 (15,817.67)
PAYROLL SUMMARY 920-0000-231.51-11 15,817.67
PAYROLL SUMMARY 920-0000-231.51-12 (83,193.78)
PAYROLL SUMMARY 920-0000-231.51-12 83,193.78
TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,046.50
PAYROLL SUMMARY 920-0000-231.54-10 2,046.50
UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 230.12
WSCFF/EMPLOYEE BENEFIT
TRUST
PAYROLL SUMMARY 920-0000-231.53-20 1,725.00
Division Total:$340,439.11
Department Total:$340,439.11
Page 17 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 22
City of Port Angeles
City Council Expenditure Report
Between Sep 26, 2020 and Oct 9, 2020
Vendor Description Account Number Amount
Payroll Clearing Fund Total:$340,439.11
Total for Checks Dated Between Sep 26, 2020 and Oct 9, 2020 $1,391,372.10
Page 18 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 23
1
Date: October 20, 2020
To: City Council
From: Brian S. Smith, Chief of Police
Subject: US Coast Guard Memorandum of Agreement / Renewal
Background / Analysis: The US Coast installation on Ediz Hook is inside the City limits. The
status as exclusive federal jurisdiction goes back the 1860’s and pre-dates Washington statehood.
This agreement allows PAPD and CCSO to provide the USCG meaningful law enforcement
assistance when requested while protecting the City from civil and criminal liability. Absent a
current agreement and legal authority from the USCG Commander PAPD and CCSO personnel
have no police power when inside the defined land area of the USCG installation.
The current agreement with the USCG was the product of over a year’s worth or work between
City, County and USCG legal staff. It has served the parties well and allows PAPD to legally
provide mutual aid law enforcement services to an important area inside the City limits. USCG
has only two civilian special agent/criminal investigators assigned to the Ediz Hook installation.
The balance of the USCG personnel are not fully trained or commissioned law enforcement .
USCG relies on the timely assistance of PAPD and CCSO during incidents involving threats to
life and property. PAPD and CCSO also have a separate memorandum of understanding that
describes agreed upon procedures when responding to the Ediz Hook installation. It will be
updated.
Recommendation: Authorize renewal of the agreement for an additional 10 years.
Funding: N/A
Summary: In November of 2010 the Port Angeles Police Department (PAPD) , the Clallam County
Sheriff’s Office (CCSO) and the United States Coast Guard (USCG) signed an agreement that provided
a frame work for mutual aid and assistance on the US Coast Guard installation on Ediz Hook (and in Port
Angeles). The 79 acres of land at the end of Ediz Hook is exclusive federal jurisdiction and a place of
Special Maritime and Territorial Jurisdiction under Title 18 United States Code Section 7 (3). As such
local, county and state law enforcement officers have no legal authority on this land parcel absent
authority provided by the USCG under a memorandum of agreement. With the agreement that is in place
through December 31, 2020 PAPD and CCSO officers when responding to assist USCG personnel at the
Ediz Hook installation have the authority to restrain, detain, direct and remove any persons deemed an
imminent threat to the safety of human life or for the protection of property. Staff recommends a renewal
of this agreement for an additional 10 years.
Funding: There are no direct funding impacts.
Actions: Authorize the City Manager or designee to sign an agreement for the Ediz Hook USCG
installation between the US Coast Guard, the Clallam County Sheriff’s Office and the Port Angeles
Police Department that will be effective January 1, 2021 and continue through December 31, 2030.
Recommendation: N/A – informational only.
October 20, 2020 E - 24
2
October 20, 2020 E - 25
1
MEMORANDUM OF AGREEMENT
UNITED STATES COAST GUARD
AND
CITY OF PORT ANGELES
AND
CLALLAM COUNTY SHERIFF'S OFFICE
REGARDING
EMERGENCYASSISTANCE ON THE U.S. COAST GUARD INSTALLATION
LOCATED ON
EDIZ HOOK, PORT ANGELES, WASHINGTON
1. PARTIES. The Parties to this Memorandum of Agreement (MOA) are the Commanding Officer
of the U.S. Coast Guard installation at Ediz Hook, Clallam County, Washington, on behalf of the United
States and the United States Coast Guard (USCG), the City of Port Angeles (PAPD), and the Clallam
County Sheriff's Office (CCSO).
2. PURPOSE. The intent of this MOA is to establish a framework for full cooperation between the
USCG, and PAPD and CCSO in the event of a 911 call or other notification of an imminent threat to the
safety of human life or the protection of property occurring on the Installation. Routine or non-emergent
interaction between the USCG and PAPD or CCSO is beyond the scope of this MOA.
3. AUTHORITY. The USCG is authorized to enter into this MOA under 14 U.S.C. 93 (a) (12); 141;
18 U.S.C. 1382; and 31 U.S.C. 1342 the City of Port Angeles (PAPD) and CCSO are authorized to enter
into this MOA pursuant to the Washington Mutual Aid Peace Officers Powers Act of 1985, Wash. Rev.
Code , 10.93.001, et seq.
4. COMMANDING OFFICER AUTHORITY PARAMOUNT. The Commanding Officer (CO) of Air
Station and Sector Field Office Port Angeles, or the duly appointed direct representative of the CO,
including the Officer of the Day (OOD), is the principle military officer exercising federal authority over
the Installation. The CO is the paramount authority on the Coast Guard Installation and is personally
accountable for the welfare of all personnel and property therein. In accordance with 14 U.S.C. 141, "the
Coast Guard may avail itself of such officers and employees, advice, information and facilities of any
Federal agency, State, Territory, possession, or political subdivision thereof, as may be helpful in the
performance of its duties. " PAPD and CCSO actions on the Installation to respond to an imminent threat
to the safety of human life or the protection of property are taken on behalf of and at the request of the
CO as set forth here. In accordance with the Washington Mutual Aid Peace Officers Powers Act of 1985,
Wash. Rev. Code , 10.93.001, et seq. PAPD and CCSO may respond to a request for assistance pursuant
to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction.
5. INSTALLATION BOUNDARY AND JURISDICTION.
October 20, 2020 E - 26
2
The 79 acres of land and tidelands under the administrative control of the U.S. Coast
Guard on Ediz Hook, Clallam County, Washington, occupying part of Lot 7 and all of Lots 8, 9,
10, and 11 of Township 31 North, Range 6 West of the Willamette Meridian. See Maps at enclosures
b. Legislative Jurisdiction. The Installation is a place of exclusive federal jurisdiction under
Article I, section 8, clause 17 of the U.S. Constitution. By virtue of Port Angeles City Ordinance No
2355 (September 3, 1985) and section 35A.14.310 of the Revised Code of Washington (R.C.W.), the
Installation is located within the territorial limits of the City of Port Angeles without derogation of
federal ownership or exclusivity of federal legislative jurisdiction.
c. Investigative Jurisdiction. Being a place of exclusive federal jurisdiction, investigative
jurisdiction over crimes committed by civilians or military members on the Installation is held solely by
the USCG or, pursuant to the MOU published at Appendix 3.1 of the Manual for Courts-Martial,
United States (2008 ed.), the Federal Bureau of Investigation or DOJ. The Coast Guard Investigative
Service (CGIS) investigates violations of Federal law and serves as the USCG liaison to state, local,
and other Federal agencies for investigative purposes.
d. Prosecutorial Jurisdiction. Being a place of exclusive federal jurisdiction, prosecutorial
jurisdiction over crimes committed on the Installation is held solely by the U.S Department of Justice
(DOJ) and the USCG. Because the Installation is a place of Special Maritime and Territorial
Jurisdiction under 18 U.S.C. section 7(3), USCG and DOJ prosecutors may assimilate penal sections of
the Washington Revised Code into Federal law to prosecute conduct proscribed thereby that occurs on
the Installation, consistent with the Federal Assimilative Crimes Act, codified at 18 U.S.C. section 13.
The Washington Criminal Code does not apply on the Installation, and neither state nor local prosecutors
have jurisdiction over offenses committed thereon.
6. ON-SCENE RESPONSE.
a. Fresh Pursuit. Vehicles approaching the Installation with PAPD and/or CCSO in fresh
pursuit pose an imminent threat to the safety of human life on the Installation. PAPD and/or CCSO shall
alert the USCG of fresh or immediate pursuit toward the Installation at the earliest practicable moment
and inform the USCG of PAPD and/or CCSO's preferred course of action.
b. Response to 911 Call from the Installation. PAPD and/or CCSO will respond to emergency
calls (911 calls) originating from or requiring a response on the Installation with the same immediacy as
if the call originated from any other location within the City limits. PAPD and/or CCSO will contact the
Front Gate360 417 4650 and/or the Control Center 360 417 5840 as early as possible to ensure the front
gate is opened to allow expedient PAPD and/or CCSO access.
c. PAPD and CCSO is hereby authorized and requested by the CO as follows:
(l) to stop, restrain, detain or direct any persons, military or civilian, located on the
Installation, as PAPD and/or CCSO deems necessary, and for as long as necessary, to respond to an
imminent threat to the safety of human life or the protection of property.
(2) to transport to the PAPD and/or CCSO jail facility for temporary holding any persons,
military or civilian, as PAPD and/or CCSO deems necessary to protect life and
October 20, 2020 E - 27
3
property until such time as transportation to a federal detention facility can be arranged
by USCG.
(3) to possess firearms on the Installation.
(4) to inform persons detained in pursuance of this MOA that they are being detained at
the request of the CO because it has been deemed a temporary but necessary action to
alleviate an imminent threat to the safety of human life or the protection of property.
(5) to use tactics and procedures as PAPD and/or CCSO deems necessary to respond to an
imminent threat to the safety of human life or the protection of property occurring on
the Installation.
(6) To apply the PAPD and/or CCSO use of force policy unless given specific instructions
to the contrary by the CO
8. ITEMS, DOCUMENTS, REPORTS. PAPD and/or CCSO will make available to USCG any
response, physical items, statements or other information created or obtained by PAPD and/or CCSO.
9. REPORTING. Following the emergency response, USCG will, if requested and to the extent
practicable, assist PAPD and/or CCSO with preparation of reports necessary for compliance with R.C.W.
10.93.030.
10. FAMILIARIZATION VISITS. The CO invites PAPD and CCSO officers to contact the Command
Security Officer periodically to arrange for guided familiarization visits to the Installation.
11. MODIFICATION. This MOA may be modified upon the mutual written consent of the Parties.
12. ANNUAL REVIEW. The Parties shall meet no less than annually to review the effectiveness of
the MOA and determine the need for modification, continuation, or termination.
13. TERM. This MOA will remain in effect until December 31, 2030, unless sooner terminated or
extended.
14. TERMINATION. USCG and and CCSO agree to provide at least 30 days written notice of an
intent to terminate.
15. CONTRACT NOT INTENDED. This MOA is an administrative agreement between the USCG
and PAPD and CCSO to effect he purpose stated above. USCG and PAPD and CCSO do not intend for
this MOA to create legal obligations of any kind.
16. NOT AN OBLIGATION OF FUNDS. This MOA is not an agreement by the United states, U.s.
Department of Homeland Security, U.S. Coast Guard, the City of Port Angeles Police Department, or the
Clallam County Sheriff's Office to obligate or expend any funds.
October 20, 2020 E - 28
4
17. ANTIDEFICIENCY ACT. The CO of the Installation is authorized under 31 US.C. section 1342
to accept PAPD and CCSO services in an emergency involving an imminent threat to the safety of human
life or the protection of property.
18. ROUTINE CRIMINAL LAW MATTERS NOT INCLUDED. This MOA does not pertain to
routine interaction between the CO and the PAPD and/or CCSO, or non-emergency CGIS interaction
with PAPD and/or CCSO.
19. SEVERANCE. Nothing in this Agreement is intended to conflict with current law, regulations, or
directives of the United States, U.S. Department of Homeland Security, U.S. Coast Guard, the City of
Port Angeles Police Department, or the Clallam County Sheriff's Office. If a term of this Agreement is
inconsistent with such authority, then the offending portion of that term shall be severable and of no legal
effect, but the remaining portion of that provision and the remainder of the Agreement shall remain in
full force and effect.
20. POINTS OF CONTACT. Points of contact are attached to this agreement as enclosure (2). Changes
to enclosure (2) shall not require a new written agreement executed by the parties.
21. EFFECTIVE DATE. The terms of this Agreement will become effective on the date that the last
party signs the Agreement.
APPROVED BY:
UNITED STATES COAST GUARD
_______________________________________ _____________________
Date
Commander, U.S. Coast Guard
Commanding Officer, Coast Guard Air Station / Sector Field Office Port Angeles
CITY OF PORT ANGELES
_____________________________________
Brian S. Smith Date
Chief of Police, Port Angeles Police Department
Port Angeles, Washington Date
CLALLAM COUNTY SHERIFF'S OFFICE
_________________________________________ ______________________________
William Benedict Date
Sheriff, Clallam County Sheriff’s Office
Port Angeles, Washington
October 20, 2020 E - 29
5
EMERGENCY POINTS OF CONTACT
USCG Normal Duty Hours: Control Center @ 360-417-5840
USCG After Hours: Seattle Dispatch 360-457-4404
USCG D13 Staff Judge Advocate
Duty Attorney (Seattle): 206-220-7001
PAPD Normal Duty Hours: 911
PAPD After Hours: 911
CCSO Normal Duty Hours: 911
CCSO After Hours: 911
ROUTINE POINTS OF CONTACT
USCG
Commanding Officer
360-417-5803
PAPD
Brian S. Smith
Chief of Police
360-417-4902/912-0184
ccso
Ronald Cameron
Undersheriff
360-417-2544
October 20, 2020 E - 30
IIP 31 NORTH RANGE 6 WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON
STATUS OF PUBLIC
SPOKANE DISTRICT - WENATCHEE RA
LAND AND MINERAL
CLALLAM COUNTY
PORT ANGEL,—
TOWNSITE PLÄT
October 20, 2020 E - 31
Date: October 20, 2020
To: City Council
From: Ken Dubuc, Fire Chief
Subject: Records Management System Contract
Project Overview: Emergency services providers utilize electronic Records Management Systems
(RMS) in order to collect, enter, store, retrieve, transmit and analyze data of all sorts. The Port Angeles Fire
Department and other public safety agencies throughout Clallam County currently utilize an RMS provided
by a company called Emergency Reporting Systems (ERS). An exception is Clallam County Fire District
#3 (Sequim) which by choice does not use ERS and pays individually for a different RMS provided by
ZOLL.
Unfortunately, ERS no longer adequately meet the needs of the various agencies in the County. The system
does not allow users to enter data in the field, it does not enable system-wide quality assurance or incident
review by the Medical Program Director, and it does not provide direct interface with our medical billing
provider. For these reasons and more, several personnel who have joined the Department recently
suggested that we look at an RMS provided by a company called ESO. This system is used widely by
public safety agencies throughout western Washington State.
After agencies throughout the county looked at the ESO RMS system, it became readily apparent that it
more fully meets our needs and there was a consensus throughout the county Fire and EMS agencies that a
single County-wide RMS would be beneficial. The ESO platform is more intuitive and user-friendly,
enabling users to directly input data into the system while they are in the field. This will elim inate double
Summary: Public safety agencies use electronic Records Management Systems (RMS) to enter, store,
retrieve, transmit and analyze data that is generated during the course of operations. Much of the data is
related to emergency incidents and it is important that this data can be utilized in an efficient manner. The
RMS system that is currently in use, Emergency Reporting Systems (ERS), does not allow data entry from
the field, is not user-friendly and does not enable effective quality assurance reviews. In addition, ERS
does not directly interface with medical billing. This is a proposal to switch to a company called ESO,
which provides an RMS that more appropriately meets the needs of the Port Angeles Fire Department and
the majority of the Fire/EMS agencies in Clallam County.
Funding: Through user fees, PenCom pays for the Fire/EMS RMS that is used throughout the County.
Agencies using the RMS pay a pro-rated share of the cost based upon their annual call volume.
Currently, the Port Angeles Fire Department pays $14,894.00 annually for RMS services. After the
switch to ESO, the PAFD share will increase to $15,023.00. This annual increase will be funded through
the current PAFD budget.
Recommendation: Authorize the City Manager to sign the attached contract with ESO and to make
minor modifications as necessary.
October 20, 2020 E - 32
entry that is currently required. In addition, ESO will enable the Medical Program Director to do quality
assurance and medical incident report review system-wide, a process that will increase her ability to provide
EMS system oversight, potentially resulting in better patient outcomes. Finally, ESO provides automated
EMS billing interface and automated National Fire Incident Reporting System (NFIRS) data submittal –
both will save time and work for department administration. Clallam County Fire District #3 concurred that
ESO provided a better platform than their ZOLL system as well and they will be joining the switch over.
Through user fees, PenCom pays for the Fire/EMS RMS that is currently provided by ERS. Agencies using
ERS through PenCom pay a pro-rated share of the cost based upon their annual call volume and with the
inclusion of Clallam County Fire District #3 the PenCom contract per agency cost of the ESO RMS is only
slightly more expensive system than the ERS RMS.
Funding: Currently, the Port Angeles Fire Department pays $14,894.00 annually for RMS services.
After the switch to ESO, the PAFD share will increase to $15,023.00 a $129.00 difference. This annual
increase will be funded from within the current PAFD budget.
October 20, 2020 E - 33
Quote Date:07/16/2020
Customer Name:PenCom
Quote #:Q-16167
Quote valid until:10/14/2020
ESO Account Manager:Travis Potter
*Additional fees may be applied by Customer’s billing or CAD vendor for certain integrations or interfaces, and Customer is encouraged to
discuss this with the applicable vendor.
CUSTOMER CONTACT BILLING CONTACT
End User PenCom Payor PenCom Address
Name Karl Hatton Name Karl Hatton ,
Email khatton@cityofpa.us Email khatton@cityofpa.us Billing Frequency Annual
Phone 360-417-4911 Phone 360-417-4911 Initial Term 12 months
Analytics
Product Volume Total Fee Type
Medical Director Oversight Account 13600 Incidents $995.00 Recurring
EHR
Product Volume Total Fee Type
EHR Training 2 Days $2,390.00 One-time
ESO EHR Suite - Multi-Agency 13600 Incidents $25,488.00 Recurring
EHR CAD Integration - Multi-Agency 13600 Incidents $3,744.00 Recurring
EHR Cardiac Monitor Integration - Multi-Agency 13600 Incidents $1,619.00 Recurring
EHR Billing Interface - Multi-Agency 13600 Incidents $994.00 Recurring
EHR Fax - Multi-Agency 13600 Incidents $1,688.00 Recurring
Fire
Product Volume Total Fee Type
ESO Fire Incidents 8 Stations $8,120.00 Recurring
Total Recurring $42,648.00
Total One-Time $2,390.00
TOTAL $45,038.00
.
October 20, 2020 E - 34
Quote Date:07/16/2020
Customer Name:PenCom
Quote #:Q-16167
Quote valid until:10/14/2020
ESO Account Manager:Travis Potter
TERMS AND CONDITIONS:
1.If the Customer indicated above has an ESO Master Subscription and License Agreement
(MSLA) dated on or after February 20, 2017, then that MSLA will govern this Quote. Otherwise,
Customer intends and agrees that this Quote adopts and incorporates the terms and conditions
of the MSLA and associated HIPAA business associate agreement hosted at the following web
address, and that the products and services ordered above are subject thereto:
http://bit.ly/ESOContract
2. The Effective Date of this Quote shall be the final date of signature.
3. If Customer has selected a third party to pay fees on their behalf, the applicable fees
above shall be invoiced to the third party on Customer’s behalf.
PenCom
[Signature]
[Print Name]
[Title]
[Today's Date]
For Analytics, EHR, Fire, the following payment terms apply:
•During the first year, Training fees, shall be invoiced on or about fifteen days after the
Effective Date of this Quote. 100% of the Recurring fees shall be invoiced or or about
January 1, 2021 (“Subscription Date”).
•During the second year and any renewal years thereafter, 100% of the Recurring fees shall
be due on the Subscription Date.
October 20, 2020 E - 35
Quote Date:07/16/2020
Customer Name:PenCom
Quote #:Q-16167
Quote valid until:10/14/2020
ESO Account Manager:Travis Potter
Analytics
Product Description
Medical Director Oversight
Account
Umbrella account for use by a medical director to access records and Analytics across multiple agencies, includes Patient
Tracker, Analytics and AdHoc Reporting.
EHR
Product Description
EHR Training Daily Rate
ESO EHR Suite - Multi-Agency
Patient care reporting suite, includes EHR web and mobile client, Quality Management, AdHoc Reports, Analytics, Patient
Tracker. Allows for unlimited users, unlimited mobile applications, live support, state and federal data reporting, ongoing weekly
web training, software updates and upgrades.
EHR CAD Integration - Multi-Agency Enables integration of CAD data into EHR mobile and web application. Ongoing maintenance included. Additional fees from your
CAD vendor may apply.
EHR Cardiac Monitor Integration -
Multi-Agency Enables import of cardiac monitor data via local or cloud integration. Ongoing maintenance included. Unlimited heart monitors.
EHR Billing Interface - Multi-Agency Enables integration of discrete ePCR data into third-party billing software. Ongoing maintenance included.
EHR Fax - Multi-Agency Enables faxing of patient care records to destination facilities.
Fire
Product Description
ESO Fire Incidents Includes Auto EHR-import or Auto-CAD import, federal NFIRS data reporting, software updates and upgrades.
October 20, 2020 E - 36
Quote Date:07/16/2020
Customer Name:PenCom
Quote #:Q-16167
Quote valid until:10/14/2020
ESO Account Manager:Travis Potter
Please fill in your contact information below:
Name Email Phone
Primary Business
Contact
Invoicing Contact
Legal Contact
Software Administrator
Contact
Privacy HIPAA Contact
Tax Exempt YES OR NO If YES, return Exempt Certificate with
Agreement
Purchase Order
Required?
YES OR NO If YES, return PO with Agreement
Please email the signed sales order to legal@eso.com and your sales representative.
October 20, 2020 E - 37
Date: October 20, 2020
To: City Council
From: Nathan West, City Manager
Sarina Carrizosa, Finance Director
Subject: Acceptance of the Amendment to the Interlocal Agreement with Clallam County to
Receive CARES Funding for the COVID-19 Utility, Rental and Mortgage Relief
Program
Background / Analysis: Clallam County has received funding from the Department of Commerce
directed from the federal government’s CARES act for programs intended to provide financial relief in
our community to those in need as a result of the COVID-19 pandemic. In August, Clallam County
Commissioners agreed to distribute $89,900 to the City for our Utility, Rental and Mortgage relief
program. Additional funding has been recognized and distributed for this program by the County in the
amount of $89,000. The program report date has also been extended to November 30, 2020.
As the City currently has a program in place for Utility, Rental and Mortgage Relief this funding will
simply allow the City to continue the existing program.
Funding Overview: There is no City match required for the acceptance of this funding. The City will
be able to leverage its current COVID relief program and provide further assistance to our residents.
Summary: Clallam County has received funding from the Department of Commerce directed from the
federal government’s CARES act for programs intended to provide financial relief in our community to
those in need as a result of the COVID-19 pandemic. In August, Clallam County Commissioners agreed
to distribute $89,900 to the City for our Utility, Rental and Mortgage relief program. Additional funding
has been recognized and distributed for this program by the County in the amount of $89,000. The
program report date has also been extended to November 30, 2020.
Funding: There is no City match required for the acceptance of this funding. The City will be able to
leverage its current COVID relief program and provide further assistance to our residents.
Recommendation: Approve and authorize the City Manager to sign Amendment #1 to the Clallam
County CARES subrecipient agreement.
October 20, 2020 E - 38
Contract _291.20.016______
CARES SUBRECIPIENT AGREEMENT
AMENDMENT #1
THIS AMENDMENT is entered into between CLALLAM COUNTY, a political s ubdivision of the State of
Washington, (hereinafter called "County" or "Clallam County") and City of Port Angeles, a municipal
corporation of the State of Washington and non-charter code city (“Subrecipient”), and changes the following
attachments to the agreement entered into on August 25, 2020.
This Amendment is comprised of the text found on Attachment 1.
The term of this Amendment shall commence on the 8th day of October, 2020 and shall terminate as provided
elsewhere in the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of 20 .
SUBRECIPIENT
_
Print name:
Title:
Date: 20
Originals: BOCC
City of Port Angeles
Finance Department
CLALLAM COUNTY BOARD OF COMMISSIONERS
Mark Ozias, Chair
THIS CONTRACT HAS BEEN APPROVED AS TO
FORM BY THE CLALLAM COUNTY PROSECUTING
ATTORNEY. APPROVED BY ALVAREZ 9/29/2020.
October 20, 2020 E - 39
CARES SUBRECIPIENT AGREEMENT ATTACHMENT 1
ATTACHMENT 1 Page 1
AMENDMENTS TO THE ORIGINAL AGREEMENT
Paragraph 3, page 1, is amended to change the period of certain costs incurred in
response to the COVID-19 public health emergency that may be reimbursed under the
CARES Act to March 1, 2020 through November 30, 2020.
Item #1, page 2, is amended to reflect a termination date of December 15, 2020.
Item #2, page 2, is amended to reflect a revised CARES Funds amount to be provided to
the Subrecipient of $178,900 and allow for the disbursement of CARES funds through the
Subrecipient until November 30, 2020.
Item #5, page 2, is amended so that the first sentence of this item shall read:
“To facilitate the County’s seeking reimbursement of CARES funding under
the IGA, the Subrecipient will submit an A-19 equivalent report to the
County, on or before the 15th day of August, September, October and
November, and on or before the 5th day of December, detailing the rent,
mortgage and utility assistance grants disbursed by the Subrecipient as
outlined in Attachment C.”
The remainder of Item #5 shall not be amended or revised.
Attachment C, page 8, “Scope of Work,” is hereby amended. Specifically the 1st and 2nd
sentences of the first paragraph are amended as follows:
Old text New text
The Board of Commissioners is directing
up to $89,900 to residential rent,
mortgage and utility assistance for
residents and utility customers of the City
of Port Angeles (“COPA”) using federal
CARES funding. These funds must be
fully distributed by October 31, 2020.
The Board of Commissioners is directing
up to $178,900 to residential rent,
mortgage and utility assistance for
residents and utility customers of the City
of Port Angeles (“COPA”) using federal
CARES funding. These funds must be
fully distributed by November 30, 2020.
Attachment C, Section 1, page 8, last bullet point is hereby amended to read as follows:
“Grant limitations: up to two assistance grants, consisting of rent and/or utility assistance
or mortgage and/or utility assistance, will be awarded per Household;”
Attachment C, Section 2, page 9, the first sentence is hereby amended to read as
follows: “The County shall make $178,900 of CARES funds available to the program that
will be paid to COPA following execution of the Agreement.”
October 20, 2020 E - 40
CARES SUBRECIPIENT AGREEMENT ATTACHMENT 1
ATTACHMENT 1 Page 2
Attachment C, Section 2, the last sentence is hereby amended to read as follows: “All
funds are to be disbursed no later than November 30, 2020.”
All other terms or conditions of the original Agreement not described or mentioned here
remain unchanged and continue to have their full force and effect.
October 20, 2020 E - 41
Date: October 20, 2020
To: City Council
From: Nathan West, City Manager
Sarina Carrizosa, Finance Director
Subject: Public Hearing on 2021 Revenue Sources
Background / Analysis:
In accordance with State law, the 2021 City Manager Recommended Budget was filed with the City Clerk
on October 9, 2020. In addition, a work session on the 2021 City Manager Recommended Budget will be
held on October 27th, during which the City Manager, Finance Director and Budget Officer will review
proposed revenues and expenditures for the City.
To help guide the City in the preparation of the 2021 City Manager Recommended Budget, staff worked
on continuing alignment with City priorities. The 2021 Budget is conservative to accommodate the
uncertainty of revenue sources due to the current pandemic. Review of the City’s tax revenue sources, as
well as the City’s other revenue sources, indicated that the near-term outlook for revenues for the City in
the General Fund is guarded due to unknown financial impacts as a result of the COVID-19 pandemic.
Council has provided clear direction to staff through strategic planning and adopted policies. Some of
these focus areas include analyzing current and the possibility of new revenue sources and affordability to
our citizens. All City revenues will be discussed in tonight’s presentation.
Funding Overview:
This presentation will provide Council and the public with detailed information proposed for the 2021
City Manager Recommended Budget.
Summary: State law (RCW 84.55.120) requires that the City hold a public hearing to gain public input
on revenue sources for the next fiscal year (2021) budget. The presentation to Council includes all
revenue sources, including property tax, for the City’s General Fund, as well as providing information
regarding revenue sources for all other funds within the 2021 City Manager Recommended Budget. The
2021 City Manager Recommended Budget will be presented to Council at a Workshop on October 27th.
The budget is available for examination on the City’s website or upon request at the City Manager’s
Office.
Funding: No funding issues or expenditures are associated with the Public Hearing.
Recommendation: It is recommended tonight that the City Council should:
1. Open the Public Hearing on 2021 Revenue Sources.
2. Close the Public Hearing.
October 20, 2020 F - 1
Date: October 20, 2020
To: City Council
From: Nathan West, City Manager
Sarina Carrizosa, Finance Director
Subject: Ordinance Authorizing the Refunding of the 2009 and 2010 Water and Wastewater
Bonds and Department of Ecology Loans for the CSO Project
Background / Analysis: In 2009 and 2010 the City issued bonds to cover expenses for capital projects
in the Water, Wastewater and Stormwater utility. These bonds are callable effective November 1, 2019
and November 1, 2020, meaning the City is eligible to refinance these bonds for a lower interest rate or to
redeem the bonds. Based on Staff analysis and consultation from the City’s bond advisors, Staff is
recommending the refinancing of these bonds. Additionally, Staff and Counsel have identified two
Department of Ecology loans obtained for the Combined Sewer Overflow (CSO) project that are
recommended to be included in the refunding to achieve further savings with a lower interest rate. Staff is
seeking Council approval to refund the 2009 and 2010 Water and Wastewater bonds in the amount of
$10,580,000 with the inclusion of $18,282,200 in Department of Ecology loans for the CSO project. For a
total bond issue not to exceed $29,000,000.
Current market trends indicate that a public placement for the bond refunding would be more
advantageous than a private placement. This means current interest rates favor a bidding environment.
Additionally, because these bonds are recommended for a public sale the final interest rate and savings
achieved by this refunding will not be known until the sale is complete. The ordinance attached for your
consideration includes a limitation on the interest rate of 4.0% for this refunding. In addition, City policy
states refinancing of debt should not occur if the resulting savings are under 3.0% of the current debt
schedule.
Summary: In 2009 and 2010 the City issued bonds to cover expenses for capital projects in the Water,
Wastewater and Stormwater utility. These bonds are callable effective November 1, 2019 and November
1, 2020, meaning the City is eligible to refinance these bonds for a lower interest rate or to redeem the
bonds. Based on Staff analysis and consultation from the City’s bond advisors, Staff is recommending the
refinancing of these bonds. Additionally, Staff and Counsel have identified two Department of Ecology
loans obtained for the Combined Sewer Overflow (CSO) project that are recommended to be included in
the refunding to achieve further savings with a lower interest rate. Staff is seeking Council approval to
refund the 2009 and 2010 Water and Wastewater bonds in the amount of $10,580,000 with the inclusion
of $18,282,200 in Department of Ecology loans for the CSO project.
Funding: Refunding the Water and Wastewater bonds will not change the City’s debt portfolio;
however, the amount of savings realized from the refunding is estimated at $3.0 million over the life of
the bond.
Recommendation: Conduct the first reading of the Ordinance authorizing the refunding of the 2009
and 2010 Water & Wastewater bonds to include two Department of Ecology loans in an amount not to
exceed $29,000,000, with an interest rate of not more than 4.0%, designate the City Manager and the
Finance Director as signers for the sale of the bonds and continue to the November 4th meeting.
G - 1October 20, 2020
Finally, due to timing, the public refunding of these bonds must be complete on the same day. For this
reason, it is necessary for the Council to designate the City Manager and the Finance Director to sign on
behalf of the City on the day of the sale. The City will also seek advisement from its financial advisor,
Northwest Municipal Advisors and bond counsel, Pacifica Law, prior to and during the refunding as well.
The refunding of these bonds would save the City an estimated $3.0 million over the remaining life of the
bonds. Refunding will not change the overall life of the bond, nor will this change the City’s debt
portfolio. The estimated savings resulting from the refunding will be realized from a reduction in interest
rates expected with the refinancing of these bonds, similar to refinancing a home mortgage.
Funding Overview: Refunding the Water and Wastewater bonds will not change the City’s debt
portfolio; however, the amount of savings realized from the refunding is estimated at $3.0 million over
the life of the bond.
G - 2October 20, 2020
CITY OF PORT ANGELES, WASHINGTON
WATER AND WASTEWATER UTILITY REVENUE REFUNDING BONDS, 2020
______________________________________
ORDINANCE NO. 3666
AN ORDINANCE of the City of Port Angeles, Washington, authorizing
the issuance of water and wastewater utility revenue refunding
bonds of the City in the principal amount of not to exceed
$29,000,000, to defease and refund certain outstanding water and
wastewater utility revenue obligations, to make a deposit to the
reserve account (if required), and to pay costs of issuing the bonds;
providing the form, terms and covenants of the bonds; and
delegating authority to approve the method of sale and final terms
of the bonds.
Passed November 3, 2020
Prepared By:
PACIFICA LAW GROUP LLP
Seattle, Washington
G - 3October 20, 2020
-i-
CITY OF PORT ANGELES, WASHINGTON
ORDINANCE NO. 3666
TABLE OF CONTENTS
Page
Section 1. Definitions and Interpretation of Terms ..................................................................3
Section 2. Compliance with Parity Conditions .......................................................................12
Section 3. Authorization and Description of Bonds ...............................................................13
Section 4. Registration, Exchange and Payments ...................................................................14
Section 5. Redemption; Purchase of Bonds ............................................................................19
Section 6. Form of Bonds .......................................................................................................22
Section 7. Execution of Bonds ................................................................................................22
Section 8. Application of Bond Proceeds; Refunding Plan ....................................................23
Section 9. Revenue Fund ........................................................................................................26
Section 10. Rate Stabilization Fund ..........................................................................................27
Section 11. Bond Account ........................................................................................................28
Section 12. Adequacy of Revenues ..........................................................................................32
Section 13. Covenants and Agreements....................................................................................32
Section 14. Tax Covenants .......................................................................................................35
Section 15. Defeasance .............................................................................................................37
Section 16. Issuance of Future Parity Bonds ............................................................................38
Section 17. Sale of Bonds .........................................................................................................42
Section 18. Undertaking to Provide Ongoing Disclosure .........................................................44
Section 19. Supplements and Amendments ..............................................................................45
Section 20. Lost or Destroyed Bonds .......................................................................................47
Section 21. Severability ............................................................................................................47
Section 22. Effective Date ........................................................................................................47
G - 4October 20, 2020
ORDINANCE NO. 3666
AN ORDINANCE of the City of Port Angeles, Washington, authorizing
the issuance of water and wastewater utility revenue refunding
bonds of the City in the principal amount of not to exceed
$29,000,000, to defease and refund certain outstanding water and
wastewater utility revenue obligations, to make a deposit to the
reserve account (if required), and to pay costs of issuing the bonds;
providing the form, terms and covenants of the bonds; and
delegating authority to approve the method of sale and final terms
of the bonds.
WHEREAS, the City of Port Angeles, Washington, a municipal corporation of the State of
Washington (the “City”), owns and operates a storm water utility and a water and wastewater
utility; and
WHEREAS, pursuant to Section 2 of Ordinance No. 3407 passed by the City Council
(the “Council”) on August 3, 2010, the City combined its storm water utility and water and
wastewater utility, as such utilities may be added to, improved or extended from time to time (as
combined, the “System”) for borrowing purposes, as permitted by Ordinance Nos. 3148 and 3375;
and
WHEREAS, the City has issued and has outstanding the following senior parity lien
obligations of the System:
Designation
Date of
Issue
Authorizing
Ordinance
Principal Amount
Outstanding as of
September 1, 2020
Water and Wastewater Utility
Revenue Refunding Bonds, 2009
(“2009 Bonds”)
09/29/2009 No. 3375 $ 2,960,000
Water and Wastewater Utility
Revenue Bonds, 2010 (“2010 Bonds”)
08/17/2010 No. 3407 5,695,000
Water and Wastewater Utility
Revenue Refunding Bonds, 2013
(“2013 Bonds”)
09/30/2013 No. 3481 1,925,000
(collectively, the “Outstanding Parity Bonds”); and
G - 5October 20, 2020
-2-
WHEREAS, the ordinances authorizing the 2009 Bonds and the 2010 Bonds provide that
the City may call such bonds for redemption prior to maturity on or after November 1, 2019 and
November 1, 2020, respectively, as a whole or in part on any date, at the price of par plus accrued
interest, if any, to the date of redemption; and
WHEREAS, the City has issued and has outstanding certain subordinate lien obligations
of the System (as identified herein, the “Junior Lien Loans”) that may be prepaid prior to maturity,
as a whole or in part on any date, at the price of par plus accrued interest, if any, to the date of
prepayment; and
WHEREAS, after due consideration it appears to this Council that all or a portion of the
2009 Bonds and 2010 Bonds may be defeased and/or refunded prior to maturity and all or a portion
of the Junior Lien Loans may be prepaid prior to maturity by the proceeds of water and wastewater
utility revenue refunding bonds authorized herein (the “Bonds”) and available funds of the City at
a substantial savings to the City and its ratepayers; and
WHEREAS, the ordinances authorizing the issuance of the Outstanding Parity Bonds
(collectively, the “Outstanding Parity Bond Ordinances”) provide that additional water and
wastewater utility revenue bonds may be issued on a parity of lien with the Outstanding Parity
Bonds if certain conditions are met; and
WHEREAS, this Council wishes to delegate authority to the Finance Director and City
Manager (each, a “Designated Representative”), for a limited time, to approve the method of sale,
to select the outstanding obligations for refunding and/or prepayment, and to approve the interest
rates, maturity dates, redemption terms and principal maturities the Bonds within the parameters
set by this ordinance; and
WHEREAS, the Bonds authorized herein shall be sold by negotiated or competitive public
sale as set forth herein;
G - 6October 20, 2020
-3-
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Definitions and Interpretation of Terms.
(a) Definitions. As used in this ordinance, the following words have the following
meanings:
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement, but only to the extent that the same are acquired
at Fair Market Value.
Annual Debt Service, for any Fiscal Year or calendar year means the sum of:
(a) the interest due in such year on all outstanding Parity Bonds excluding, however,
interest to be paid from the proceeds of Parity Bonds,
(b) the principal of all outstanding Serial Bonds due in such year, and
(c) the Sinking Fund Requirement, if any, for such year.
For purposes of satisfying the rate covenant in Section 13 and the Future Parity Bond test
in Section 16, Annual Debt Service for any Fiscal Year or calendar year shall exclude any Debt
Service Offsets. If the interest rate on any such bonds is other than a fixed rate, the rate applicable
at the time of the computation shall be used; provided, however, that so long as the 2009 Bonds
are outstanding the City may issue variable rate obligations payable from Gross Revenue only as
provided in Section 16 of this ordinance. From and after such time as no 2009 Bonds remain
outstanding, if the interest rate on any Parity Bonds is other than a fixed rate, the rate applicable
at the time of computation shall be used unless such rate is less than an interest rate equal to the
yield to maturity equal to the higher of (i) the average of the SIFMA Municipal Swap Index over
the 60 month period immediately preceding the date of computation, or (ii) the average of the
SIFMA Municipal Swap Index over the 12 month period immediately preceding the date of
G - 7October 20, 2020
-4-
computation, as determined within ten days prior to the date of computation or, if such
computation is being made in connection with the certificate required for the issuance of Future
Parity Bonds, then within ten days prior to the date of such certificate.
Assessments mean assessments (including interest and penalties) levied in any utility local
improvement district of the City for the acquisition or construction of additions and improvements
to and extension of the System, if such assessments are pledged to be paid into the Bond Account.
Average Annual Debt Service means the amount determined by dividing (a) the sum of all
interest and principal to be paid on all Parity Bonds from the date of determination to the last
maturity date of such Parity Bonds, by (b) the number of Fiscal Years or calendar years from and
including the Fiscal Year or calendar year in which the determination is made to the last Fiscal
Year or calendar year in which any of such Parity Bonds will be outstanding.
Beneficial Owner means any person that has or shares the power, directly or indirectly, to
make investment decisions concerning ownership of any Bonds (including persons holding Bonds
through nominees, depositories or other intermediaries).
Bond Account means the 1994 Water and Wastewater Utility Revenue Bond Fund created
by Section 15 of Ordinance No. 2843 and continued pursuant to Section 11 of this ordinance.
Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys,
selected by the City, of nationally recognized standing in matters pertaining to the tax-exempt
nature of interest on bonds issued by states and their political subdivisions.
Bond Purchase Contract means the bond purchase contract, for the purchase of the Bonds
sold by negotiated sale to the Underwriter, executed by a Designated Representative pursuant to
this ordinance.
G - 8October 20, 2020
-5-
Bond Register means the registration books showing the name, address and tax
identification number of each Registered Owner of a series of Bonds, maintained for the Bonds in
the manner required pursuant to Section 149(a) of the Code.
Bond Registrar means, initially, the fiscal agent of the State, for the purposes of registering
and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of
the Bonds and paying interest on and principal of the Bonds.
Bonds mean the City’s Water and Wastewater Utility Revenue Refunding Bonds, 2020,
issued in the aggregate principal amount of not to exceed $29,000,000 pursuant to this ordinance.
City means the City of Port Angeles, a municipal corporation duly organized and existing
under the laws of the State of Washington.
City Clerk means the duly appointed and acting City Clerk of the City or the successor to
the duties of that office.
Certificate of Award means if any, a certificate awarding the Bonds sold by competitive
sale to the successful bidder, executed by a Designated Representative pursuant to this ordinance.
Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of
Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations
issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final
regulations promulgated, and applicable official public guidance published, under the Code.
Commission means the United States Securities and Exchange Commission.
Continuing Disclosure Certificate means one or more written undertakings for the benefit
of the owners and Beneficial Owners of any Bonds as required by Section (b)(5) of the Rule.
Costs of Maintenance and Operation means all necessary operating expenses, current
maintenance expenses, expenses of reasonable upkeep and repairs, and insurance and
administrative expenses of the System, but excludes depreciation, payments for debt service or
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into reserve accounts and costs of capital additions to or replacements of the System, taxation by
the City or payments in lieu of taxes.
Council means the Port Angeles City Council, as the general legislative body of the City
as the same is duly and regularly constituted from time to time.
Debt Service Account means the account of that name created in the Bond Account by
Section 15 of Ordinance No. 2843 and continued pursuant to Section 11 of this ordinance.
Debt Service Offset means receipts of the City that are not included in Gross Revenue and
that are legally available to pay debt service on Parity Bonds, including without limitation federal
interest subsidy payments, designated as such by the City.
Designated Representative means the City Manager and the Finance Director and the
successor to such offices, or his or her designee. The signature of one Designated Representative
shall be sufficient to bind the City.
DTC means The Depository Trust Company, New York, New York, a limited purpose trust
company organized under the laws of the State of New York, as initial depository for the Bonds
or any successor substitute depository for the Bonds.
Escrow Agent means U.S. Bank National Association, Seattle, Washington.
Escrow Agreement means the Escrow Deposit Agreement to be dated as of the date of
closing of the Bonds.
Fair Market Value means the price at which a willing buyer would purchase an investment
from a willing seller in a bona fide, arm’s-length transaction, except for specified investments as
described in Treasury Regulation § 1.148-5(d)(6), including United States Treasury obligations,
certificates of deposit, guaranteed investment contracts, and investments for yield restricted
defeasance escrows. Fair Market Value is generally determined on the date on which a contract
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to purchase or sell an investment becomes binding, and, to the extent required by the applicable
regulations under the Code, the term “investment” will include a hedge.
Federal Tax Certificate means the certificate executed by the Finance Director setting
forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds to
be dated as of the date of closing for such Bonds.
Finance Director means the duly appointed and acting Finance Director of the City or the
successor to the duties of that office.
Fiscal Year means the fiscal year used by the City at any time. At the time of the passage
of this ordinance, the Fiscal Year is the twelve-month period beginning January 1 of each year and
ending December 31 of each year.
Future Parity Bonds mean any revenue bonds, revenue warrants or other revenue
obligations that may be issued in the future with a lien on money in the Revenue Fund to pay and
secure the payment of the principal thereof and interest thereon equal to the lien created on the
money in such Fund to pay and secure the payment of the principal of and interest on the
Outstanding Parity Bonds and the Bonds.
Government Obligations mean those obligations now or hereafter defined as such in
chapter 39.53 RCW constituting direct obligations of, or obligations the principal of and interest
on which are unconditionally guaranteed by the United States of America, as such chapter may be
hereafter amended or restated.
Gross Revenue means all earnings, revenue and money, except Assessments, received by
the City from or on account of the operation of the System, including proceeds from the sale, lease
or other disposition of any of the properties or facilities of the System, and the income from
investments of money in the Revenue Fund and any bond fund or from any other investment
thereof except the income from investments irrevocably pledged to the payment of revenue bonds
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pursuant to a plan of retirement or refunding. The term “Gross Revenue” does not include grants
or bond proceeds, but does include federal or state reimbursements of operating expenses to the
extent such expenses are included as “Costs of Maintenance and Operation.”
Junior Lien Loans mean the following obligations eligible for prepayment: Loans from
the Washington State Department of Ecology referred to as Loan No. L1200034 (2012) and
Agreement WQC-2015-PorAngPW-00175 (2014).
Letter of Representations means the Blanket Issuer Letter of Representations given by the
City to DTC, as amended from time to time.
Mayor means the duly elected and acting Mayor of the City or the successor to the duties
of that office.
Moody’s means Moody’s Investors Service Inc., a corporation duly organized and existing
under and by virtue of the laws of the State of Delaware, or its successor.
MSRB means the Municipal Securities Rulemaking Board or any successor to its functions.
Net Revenue means the Gross Revenue less the Costs of Maintenance and Operation.
Official Statement means the disclosure document prepared and delivered in connection
with the issuance of the Bonds.
Outstanding Parity Bond Ordinances mean the ordinances authorizing the issuance of the
Outstanding Parity Bonds identified in the recitals to this ordinance.
Outstanding Parity Bonds means the parity water and wastewater utility revenue bonds of
the City identified in the recitals to this ordinance.
Parity Bonds means the Outstanding Parity Bonds, the Bonds and any Future Parity Bonds.
Permitted Investments means investments that are legal investments for the City at the
time of such investment; provided, however, the City shall comply with the definitions of
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“Permitted Investments” as provided in the Outstanding Parity Bond Ordinances so long as the
Outstanding Parity Bonds remain outstanding.
Professional Utility Consultant means the independent person(s) or firm(s) selected by the
City having a favorable reputation for skill and experience with water, wastewater and storm water
systems of comparable size and character to the System in such areas as are relevant to the purposes
for which they are retained.
Qualified Insurance means any unconditional municipal bond insurance policy or surety
bond issued by any insurance company licensed to conduct an insurance business in any state of
the United States or by a service corporation acting on behalf of one or more such insurance
companies, which insurance company or service corporation, as of the time of issuance of such
policy or surety bond, is then rated in one of the two highest rating categories by Moody’s, S&P
or any other rating agency then maintaining a rating on the Bonds.
Qualified Letter of Credit means any irrevocable letter of credit issued by a bank for the
account of the City and for the benefit of the owners of Parity Bonds, provided that such bank
maintains an office, agency or branch in the United States, and provided further, that, as of the
time of issuance of such letter of credit, such bank is currently rated in one of the two highest rating
categories by either Moody’s, S&P or any other rating agency then maintaining a rating on the
Bonds.
Rate Stabilization Fund means the fund of that name created pursuant to Section 13 of
Ordinance No. 2843.
Record Date means the close of business for the Bond Registrar that is 15 days preceding
any interest and/or principal payment or redemption date.
Refunded Bonds mean all or a portion of the Refunding Candidates as designated by a
Designated Representative for refunding pursuant to this ordinance.
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Refunding Account means the account by that name established pursuant to Section 8 of
this ordinance.
Refunding Candidates mean the outstanding 2009 Bonds, 2010 Bonds and Junior Lien
Loans.
Registered Owner means any person named as a registered owner of the Bonds in the Bond
Register. So long as the Bonds are held in book entry only form, DTC or its nominee shall be
deemed to be the sole Registered Owner.
Reserve Account means the account of that name in the Bond Account created pursuant to
Ordinance No. 2843.
Reserve Account Requirement means, as of any date of calculation, the lesser of maximum
Annual Debt Service on the outstanding Parity Bonds or 125% of Average Annual Debt Service
on the outstanding Parity Bonds; provided, that at the time of issuance of any series of Parity
Bonds, the portion of the Reserve Account Requirement allocable to a series of Parity Bonds will
not exceed 10% of the initial principal amount of that series of Parity Bonds.
Following the full redemption, refunding or defeasance of all of the Outstanding Parity
Bonds, the Reserve Account Requirement shall be amended to read “means with respect to the
Bonds, the amount determined by the City, which may be zero, and with respect to any Future
Parity Bonds, the amount set forth in the ordinance authorizing the Future Parity Bonds if such
Parity Bonds are secured by the Reserve Account or another reserve fund or account.”
Revenue Fund means the special fund of the City known as the “City of Port Angeles
Water and Wastewater Utility Revenue Fund” created by the City pursuant to Section 2 of
Ordinance No. 2843.
Rule means the Commission’s Rule 15c2-12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
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Sale Document means a Bond Purchase Contract or Certificate of Award, if any, executed
by a Designated Representative in connection with the sale of the Bonds pursuant to this ordinance.
Serial Bonds means Parity Bonds other than Term Bonds.
Sinking Fund Requirement means, for any Fiscal Year or calendar year, the principal
amount of Term Bonds required to be purchased, redeemed or paid at maturity in such year as
established by the ordinance of the City authorizing the issuance of such Term Bonds.
State means the State of Washington.
S&P means S&P Global Ratings, except that if such corporation shall be dissolved or
liquidated or shall no longer perform the functions of a securities rating agency, then the term S&P
shall be deemed to refer to any other nationally recognized securities rating agency (other than
Moody’s) selected by the Authorized Representative of the City.
System means the City’s combined water supply and distribution utility, sanitary sewage
collection and wastewater treatment utility, and storm water utility as the same now exists and as
it may hereafter be added to, improved and extended for as long as any of t he Bonds are
outstanding.
Term Bonds mean Parity Bonds of any principal maturity that are subject to mandatory
redemption and for which mandatory sinking fund payments are required, including the Bonds
identified as such in Section 5(b) of this ordinance.
2009 Bonds mean the City’s Water and Wastewater Utility Revenue Refunding Bonds,
2009, issued in the original principal amount of $7,590,000 under date of September 29, 2009,
pursuant to Ordinance No. 3375 of the City.
2010 Bonds mean the City’s Water and Wastewater Utility Revenue Bonds, 2010, issued
in the original principal amount of $5,695,000 under the date of August 17, 2010, pursuant to
Ordinance No. 3407 of the City.
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Underwriter means any underwriter for the Bonds, in the case of a negotiated sale, or initial
purchaser or purchasers for the Bonds, in the case of a competitive sale, as selected by a Designated
Representative pursuant to this ordinance.
(b) Interpretation. In this ordinance, unless the context otherwise requires:
(1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any
similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular
article, section, subdivision or clause hereof, and the term “hereafter” shall mean after,
and the term “heretofore” shall mean before, the date of this ordinance;
(2) Words of any gender shall mean and include correlative words of all
genders, and words importing the singular number shall mean and include the plural number and
vice versa;
(3) Words importing persons shall include firms, associations, partnerships
(including limited partnerships), trusts, corporations and other legal entities, including public
bodies, as well as natural persons;
(4) Any headings preceding the text of the several articles and sections of this
ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely
for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect
its meaning, construction or effect; and
(5) All references herein to “articles,” “sections” and other subdivisions or
clauses are to the corresponding articles, sections, subdivisions or clauses hereof.
Section 2. Compliance with Parity Conditions. The Outstanding Parity Bond
Ordinances provide that the City may issue Future Parity Bonds upon compliance with certain
conditions. The Council hereby finds, as required by those provisions of the Outstanding Parity
Bond Ordinances, as follows:
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First, at the time of issuance of the Bonds the City shall have on file a certificate satisfying
the parity requirements of the Outstanding Parity Bond Ordinances;
Second, that at the time of the passage of this ordinance and at the time of the issuance of
the Bonds there is not nor will there be any deficiency in the Bond Account or the Reserve
Account; and
Third, this ordinance provides that (i) the principal of and interest on the Bonds are payable
out of the Bond Account, (ii) payments will be made into the Bond Account to satisfy the Sinking
Fund Requirements on any Term Bonds, and (iii) proceeds of the Bonds or other funds of the City
legally available therefor will be deposited, if necessary, into the Reserve Account in an amount
sufficient to satisfy the Reserve Account Requirement for the Bonds, all as required by the
Outstanding Parity Bond Ordinances.
The parity conditions contained in the Outstanding Parity Bond Ordinances having been
complied with or assured, the payments required in this ordinance to be made out of the Revenue
Fund into the Bond Account and the accounts held therein to pay and secure the payment of the
principal of and interest on the Bonds shall constitute a lien and charge upon the money in such
Revenue Fund equal in rank with the lien and charge thereon for the payments required to be made
into the Bond Account to pay and secure the payment of the principal of and interest on the
Outstanding Parity Bonds.
Section 3. Authorization and Description of Bonds. For the purpose of defeasing
and/or refunding the Refunded Bonds, funding the Reserve Account, if necessary, and paying costs
of issuance of the Bonds, the City shall issue and sell its water and wastewater utility revenue
refunding bonds in the aggregate principal amount of not to exceed $29,000,000 (the “Bonds”).
The Bonds shall be designated, “City of Port Angeles, Washington, Water and Wastewater
Utility Revenue Refunding Bonds, 2020”; with any series or other designation as determined by a
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Designated Representative, shall be dated as of their date of delivery; shall be fully registered as
to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple
thereof, within a maturity; shall be numbered separately in such manner and with any additional
designation as the Bond Registrar deems necessary for purposes of identification; and shall bear
interest from their date payable on the first days of each November and May, commencing as
provided in the Sale Document; and shall mature on the dates and in the principal amounts set
forth in the Sale Document and as approved by a Designated Representative pursuant to
Section 17.
The Bonds shall be obligations only of the Bond Account and the accounts held therein
and shall be payable and secured as provided herein. The Bonds do not constitute an indebtedness
or general obligation of the City within the meaning of the constitutional provisions and limitations
of the State.
Section 4. Registration, Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of
registration approved by the Washington State Finance Committee from time to time through the
appointment of a state fiscal agent. The City shall cause a bond register to be maintained by the
Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all
necessary provisions to permit the exchange or registration or transfer of Bonds at its designated
office. The Bond Registrar may be removed at any time at the option of the Finance Director upon
prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance
Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall
have been appointed and until the successor Bond Registrar shall have accepted the duties of the
Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate
and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and
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this ordinance and to carry out all of the Bond Registrar’s powers and duties under this ordinance.
The Bond Registrar shall be responsible for its representations contained in the certificate of
authentication of the Bonds.
(b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may
deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes
(except as otherwise provided in this ordinance or in the Continuing Disclosure Certificate), and
neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of
any such Bond shall be made only as described below, but such Bond may be transferred as
provided herein. All such payments made as described below shall be valid and shall satisfy and
discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid.
(c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in
fully immobilized form by DTC acting as depository. The City has executed and delivered to DTC
the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility
or obligation to DTC participants or the persons for whom they act as nominees (or any successor
depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC
(or any successor depository) or any DTC participant, the payment by DTC (or any successor
depository) or any DTC participant of any amount in respect of the principal of or interest on
Bonds, any notice which is permitted or required to be given to Registered Owners under this
ordinance (except such notices as shall be required to be given by the City to the Bond Registrar
or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or
any successor depository) as the Registered Owner. For so long as any Bonds are held by a
depository, DTC or its successor depository or its nominee shall be deemed to be the Registered
Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean
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DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial
interest in such Bonds.
(d) Use of Depository.
(1) The Bonds shall be registered initially in the name of “Cede & Co.”, as
nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a
denomination corresponding to the total principal therein designated to mature on such date.
Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be
transferred except (A) to any successor of DTC or its nominee, provided that any such successor
shall be qualified under any applicable laws to provide the service proposed to be provided by it;
(B) to any substitute depository appointed by the Finance Director pursuant to subsecti on (2)
below or such substitute depository’s successor; or (C) to any person as provided in subsection (4)
below.
(2) Upon the resignation of DTC or its successor (or any substitute depository
or its successor) from its functions as depository or a determination by the Finance Director to
discontinue the system of book entry transfers through DTC or its successor (or any substitute
depository or its successor), the Finance Director may hereafter appoint a substitute depository.
Any such substitute depository shall be qualified under any applicable laws to provide the services
proposed to be provided by it.
(3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1)
above, the Bond Registrar shall, upon receipt of all outstanding Bonds, to gether with a written
request on behalf of the Finance Director, issue a single new Bond for each maturity then
outstanding, registered in the name of such successor or such substitute depository, or their
nominees, as the case may be, all as specified in such written request of the Finance Director.
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(4) In the event that (A) DTC or its successor (or substitute depository or its
successor) resigns from its functions as depository, and no substitute depository can be obtained,
or (B) the Finance Director determines that it is in the best interest of the Beneficial Owners of the
Bonds that such owners be able to obtain physical bond certificates, the ownership of such Bonds
may then be transferred to any person or entity as herein provided, and shall no longer be held by
a depository. The Finance Director shall deliver a written request to the Bond Registrar, together
with a supply of physical Bonds, to issue Bonds as herein provided in any authorized
denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a
written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued
in the appropriate denominations and registered in the names of such persons as are requested in
such written request.
(e) Registration of Transfer of Ownership or Exchange; Change in Denominations.
The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any
such Bond shall be valid unless it is surrendered to the Bond Registrar with the assi gnment form
appearing on such Bond duly executed by the Registered Owner or such Registered Owner’s duly
authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond
Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to
the Registered Owner or transferee therefor, a new Bond(s) (or Bonds at the option of the new
Registered Owner) of the same date, series, maturity and interest rate and for the same aggregate
principal amount in any authorized denomination, naming as Registered Owner the person or
persons listed as the assignee on the assignment form appearing on the surrendered Bond, in
exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond
Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the
same date, series, maturity, and interest rate, in any authorized denomination. The Bond Registrar
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shall not be obligated to register the transfer of or to exchange any Bond during the 15 days
preceding any principal payment or redemption date.
(f) Bond Registrar’s Ownership of Bonds. The Bond Registrar may become the
Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar,
and to the extent permitted by law, may act as depository for and permit any of its officers or
directors to act as a member of, or in any other capacity with respect to, any committee formed to
protect the right of the Registered Owners or Beneficial Owners of Bonds.
(g) Place and Medium of Payment. Both principal of and interest on the Bonds shall be
payable in lawful money of the United States of America. Interest on the Bonds shall be calculated
on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by
a depository, payments of principal thereof and interest thereon shall be made as provided in
accordance with the operational arrangements of DTC referred to in the Letter of Representations.
In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid
by check or draft mailed to the Registered Owners at the addresses for such Registered Owners
appearing on the Bond Register on the Record Date, or upon the written request of a Registered
Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least by the Record
Date), such payment shall be made by the Bond Registrar by wire transfer to the account within
the United States designated by the Registered Owner. Principal of the Bonds shall be payable
upon presentation and surrender of such Bonds by the Registered Owners at the designated office
of the Bond Registrar.
If any Bond shall be duly presented for payment and funds have not been duly provided by
the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid
principal thereof at the rate stated on such Bonds until it is paid.
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Section 5. Redemption; Purchase of Bonds.
(a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The
Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set
forth in the Sale Document approved by a Designated Representative pursuant to Section 17. The
Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Sale Document
and as approved by a Designated Representative pursuant to Section 17.
(b) Purchase of Bonds. The City reserves the right to use at any time any surplus
Revenue of the System, or other available funds, to purchase for retirement any of the Bonds at
any price deemed reasonable by the City.
(c) Selection of Bonds for Redemption. If the Bonds are held in book-entry only form,
the selection of particular Bonds within a maturity to be redeemed shall be made in accordance
with the operational arrangements then in effect at DTC. If the Bonds are no longer held by a
depository, the selection of such Bonds to be redeemed and the surrender and reissuance thereof,
as applicable, shall be made as provided in the following provisions of this subsection (c) or as
otherwise provided in the applicable Sale Document. If the City redeems at any one time fewer
than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of
such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond
Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000,
the City and the Bond Registrar shall treat each Bond as representing such number of separate
Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount
of such Bonds of such series by $5,000. In the event that only a portion of the principal sum of a
Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there
shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance
of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like
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maturity, series, and interest rate in any of the denominations herein authorized. To the extent the
City optionally redeems or purchases for retirement any Term Bond, any remaining mandatory
sinking fund payment or mandatory prior redemption requirements for such Term Bond shall be
reduced on a pro rata basis.
(d) Notice of Redemption or Prepayment.
(1) Official Notice. For so long as the Bonds are held by a depository, notice of
redemption (which notice may be conditional) shall be given in accordance with the operational
arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide
any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are no longer held in
uncertificated form), notice of redemption shall be given in the manner hereinafter provided.
Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption shall
be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption
notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for
redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown
on the Bond Register or at such other address as is furnished in writing by such Registered Owner
to the Bond Registrar.
All official notices of redemption shall be dated and shall state:
(A) the redemption date,
(B) the redemption price,
(C) if fewer than all outstanding Bonds are to be redeemed, the
identification by maturity (and, in the case of partial redemption, the respective principal amounts)
of the Bonds to be redeemed,
(D) any conditions to redemption,
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(E) that (unless such notice is conditional) on the redemption date the
redemption price will become due and payable upon each such Bond or portion thereof called for
redemption, and that interest thereon shall cease to accrue from and after said date, and
(F) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the designated office of the Bond Registrar.
On or prior to any redemption date, unless any condition to such redemption has not been
satisfied or waived or notice of such redemption has been rescinded, the City shall deposit with
the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or
portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any
redemption notice and the related optional redemption of Bonds by giving notice of rescission to
the affected registered owners at any time on or prior to the scheduled redemption date. Any notice
of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice
of optional redemption has been rescinded shall remain outstanding.
(2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has
been given, or if the conditions set forth in a conditional notice of redemption have been satisfied
or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become
due and payable at the redemption price therein specified, and from and after such date such Bonds
or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in
accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption
price. Installments of interest due on or prior to the redemption date shall be payable as herein
provided for payment of interest. All Bonds which have been redeemed shall be canceled by the
Bond Registrar and shall not be reissued.
(3) Additional Notice. In addition to the foregoing notice, further notice shall
be given by the City as set out below, but no defect in said further notice nor any failure to give
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all or any portion of such further notice shall in any manner defeat the effectiveness of a call for
redemption if notice thereof is given as above prescribed. Each further notice of redemption given
hereunder shall contain the information required above for an official notice of redemption plus
(A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as
originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the series and
maturity date of each Bond being redeemed; and (E) any other descriptive information needed to
identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at
least 20 days before the redemption date to each party entitled to receive notice pursuant to the
Continuing Disclosure Certificate and with such additional information as the City shall deem
appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds.
(4) Amendment of Notice Provisions. The foregoing notice provisions of this
Section 5, including but not limited to the information to be included in redemption notices and
the persons designated to receive notices, may be amended by additions, deletions and changes in
order to maintain compliance with duly promulgated regulations and recommendations regarding
notices of redemption of municipal securities.
Section 6. Form of Bonds. The Bonds shall be in substantially the following form set
forth in Exhibit A, which is incorporated herein by this reference, with such changes thereto as
may be approved by a Designated Representative.
Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City
with the manual or facsimile signatures of the Mayor and City Clerk of the City and the seal of the
City shall be impressed, imprinted or otherwise reproduced thereon.
Only such Bonds as shall bear thereon a certificate of authentication in the form set forth
in Exhibit A, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose
or entitled to the benefits of this ordinance. Such certificate of authentication shall be conclusive
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evidence that the Bonds so authenticated have been duly executed, authenticated and delivered
hereunder and are entitled to the benefits of this ordinance.
In case either of the officers who shall have executed the Bonds shall cease to be an officer
or officers of the City before the Bonds so signed shall have been authenticated or delivered by
the Bond Registrar, or issued by the City, such Bond may nevertheless be authenticated, delivered
and issued and upon such authentication, delivery and issuance, shall be as binding upon the City
as though those who signed the same had continued to be such officers of the City. Any Bond
may be signed and attested on behalf of the City by such persons who at the date of the actual
execution of such Bond, are the proper officers of the City, although at the original date of such
Bond any such person shall not have been such officer of the City.
Section 8. Application of Bond Proceeds; Refunding Plan.
(a) Application of Bond Proceeds. Proceeds of the Bonds, net of any underwriter’s
discount or compensation, shall be disbursed as follows:
(1) The amount necessary to prepay the outstanding Junior Lien Notes selected
for refunding and designated as Refunded Bonds shall be deposited in the fund or account
designated by the City, disbursed directly to the owner(s) of the Junior Lien Notes, and/or
disbursed to the Escrow Agent under the terms of the Escrow Agreement and used immediately
thereafter to prepay the Junior Lien Notes designated for refunding;
(2) The amount necessary to carry out the plan of refunding for the 2009 Bonds
and 2010 Bonds that are selected for refunding and designated as Refunded Bonds shall be
transferred to the Escrow Agent and used as provided herein and in the Escrow Agreement;
(3) The amount necessary, if any, to satisfy the Reserve Account Requirement
shall be deposited into the Reserve Account; and
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(4) The remaining proceeds of the Bonds shall be transferred to the Escrow
Agent or deposited with the City and used to pay costs of issuance of the Bonds as set forth in the
closing memorandum prepared in connection with the issuance of the Bonds.
Any part of the proceeds of the Bonds remaining after such disbursements are made may
be transferred to the Debt Service Account.
(b) Refunding Plan. For the purpose of realizing a debt service savings and benefiting
the ratepayers of the System, the Council proposes to refund and/or defease the Refunded Bonds
as set forth herein. The Refunded Bonds shall include those Refunding Candidates designated by
a Designated Representative when the Bonds are sold pursuant to the Sale Document.
Proceeds of the Bonds and other available funds of the City, if any, deposited with the
Escrow Agent pursuant to the Escrow Agreement shall be used immediately upon receipt thereof
to prepay the Junior Lien Notes, as applicable, to defease and refund the 2009 Bonds and 2010
Bonds designated as Refunded Bonds as authorized by Ordinance No. 3375 and Ordinance No.
3407, and to pay costs of issuance of the Bonds.
Proceeds of the Bonds deposited with the Escrow Agent shall be held as cash and/or used
to purchase certain Government Obligations (which obligations so purchased, are herein called
“Acquired Obligations”), bearing such interest and maturing as to principal and interest in such
amounts and at such times which, together with any necessary beginning cash balance, will provide
for the payment of interest and principal on the 2009 Bonds and the 2010 Bonds designated as
Refunded Bonds on or prior to the respective first calls dates for such Refunded Bonds.
Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted
by the Code and regulations relating to acquired obligations in connection with refunding bond
issues. Each Designated Representative is authorized to select a bidding agent, if any (and
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authorizes each Designated Representative to appoint any successor or replacement bidding agent)
for the purchase of the Acquired Obligations to be deposited with the Escrow Agent.
(c) Escrow Agent/Escrow Agreement. The City hereby appoints U.S. Bank National
Association, Seattle, Washington, as the Escrow Agent (the “Escrow Agent”). A beginning cash
balance, if any, and any Acquired Obligations shall be deposited irrevocably with the Escrow
Agent as described in the Escrow Agreement. Any proceeds of the Bonds remaining after
acquisition of the Acquired Obligations and provision for the necessary beginning cash balance
shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations
and expenses of the issuance of the Bonds. In order to carry out the purposes of this section, each
Designated Representative is authorized and directed to execute and deliver to the Escrow Agent,
an Escrow Agreement.
(d) Call for Redemption of Refunded Bonds. The City hereby irrevocably calls the
Refunded Bonds for redemption on their first call dates in accordance with the provisions of the
authorizing ordinances or agreements authorizing the redemption and retirement of the Refunded
Bonds prior to their fixed maturities.
Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after
the issuance of such Bonds and delivery of the money and/or Acquired Obligations to the Escrow
Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of their
authorizing ordinances or agreements. The costs of publication of such notices shall be an expense
of the City.
The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at
the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient
to pay, when due, the payments specified in this section. All such sums shall be paid from the
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moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom
and proceeds thereof. All such sums so paid to said Finance Director shall be credited to the
Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and
any income therefrom shall be held, invested (but only at the direction of the Finance Director)
and applied in accordance with the provisions of this ordinance and with the laws of the State for
the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are
found necessary to see that all necessary and proper fees, compensation and expenses of the
Escrow Agent for the Refunded Bonds shall be paid when due.
Section 9. Revenue Fund. Pursuant to Ordinance No. 2843, there has been created a
fund of the City known as the “City of Port Angeles Water and Wastewater Utility Revenue Fund,”
which fund is hereby confirmed and continued. The City hereby obligates and binds itself to pay
all Gross Revenue as collected into the Revenue Fund. The money in the Revenue Fund shall be
held separate and apart from all other funds and accounts of the City. The Gross Revenu e
deposited in the Revenue Fund shall be used only for the following purposes and in the following
order of priority:
FIRST, to pay the Costs of Maintenance and Operation and to maintain a balance in the
Revenue Fund sufficient in amount to enable the City to continuously meet Costs of Maintenance
and Operation on a current basis;
SECOND, to make all payments required to be made into the Bond Account to pay the
interest on any Parity Bonds;
THIRD, to make all payments required to be made into the Bond Account to pay the
maturing principal of any Serial Bonds and to make all payments required to be made into the
Bond Account to satisfy the Sinking Fund Requirement;
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FOURTH, to make all payments required to be made pursuant to a reimbursement
agreement or agreements (or other equivalent documents, including the payment obligations to the
insurers for the 2009 Bonds and the 2010 Bonds) in connection with Qualified Insurance or a
Qualified Letter of Credit; provided that if there is not sufficient money to make all payments
under reimbursement agreements the payments will be made on a pro rata basis;
FIFTH, to make all payments required to be made into the Reserve Account to secure the
payment of the principal of and interest on outstanding Parity Bonds secured by the Reserve
Account and, following the full redemption, refunding or defeasance of all of the Outstanding
Parity Bonds, into any other reserve account created to secure the payment of the principal of and
interest on Parity Bonds, an amount necessary to provide for or maintain the Reserve Account
Requirement applicable to such Parity Bonds;
SIXTH, to make all payments required to be made into any revenue bond redemption fund,
revenue warrant redemption fund, debt service account, reserve account or bond retirement
account created to pay and secure the payment of the principal of and interest on any revenue
bonds, or revenue warrants or other revenue obligations of the City, including the State Loans,
having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the
principal of and interest on the Parity Bonds; and
SEVENTH, to retire by redemption or purchase in the open market any outstanding water
and wastewater utility revenue bonds, warrants or obligations of the System, to make necessary
additions, betterments, improvements and repairs to or extensions and replacements of the System,
to make deposits into the Rate Stabilization Fund, or for any other lawful City purposes.
Section 10. Rate Stabilization Fund. Pursuant to Ordinance No. 2843, a special fund of
the City designated the “Water and Wastewater Rate Stabilization Fund” (the “Rate Stabilization
Fund”) has been established in anticipation of future increases in revenue requirements of the
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System, which fund is hereby confirmed and continued. The City may from time to time
appropriate or budget amounts in the Revenue Fund for deposit in the Rate Stabilization Fund and
may from time to time withdraw amounts therefrom for deposit in the Revenue Fund to prevent or
mitigate water and wastewater rate increases or for other lawful purposes of the City related to the
System. Such deposits or withdrawals may be made up to and including the date ninety (90) days
after the end of the fiscal year for which the deposit or withdrawal will be effective.
Section 11. Bond Account. Pursuant to Ordinance No. 2843, there has been created a
fund of the City known as the “1994 Water and Wastewater Utility Revenue Bond Fund”
(the “Bond Account”), which fund and the accounts therein are hereby confirmed and continued.
The Bond Account is to be drawn upon for the sole purpose of paying the principal of, premium if
any, and interest on any Parity Bonds. The money in the Bond Account shall be kept separate and
apart from all other funds and accounts of the City. All funds in the Bond Account are held in
trust for the benefit of the owners of all Parity Bonds at the time outstanding equally and ratably
and without preference or distinction as between Parity Bonds of different series and maturities.
(a) Debt Service Account. A special account known as the Debt Service Account has
been created in the Bond Account for the purpose of paying the principal of, premium, if any, and
interest on the Parity Bonds.
As long as any of the Bonds remain outstanding, the City hereby irrevocably obligates and
binds itself to set aside and pay from the Revenue Fund into the Debt Service Account, on or before
the date due, those amounts necessary, together with Gross Revenue collected and deposited and
such other money as is on hand and available therefor in the Debt Service Account, to pay the
interest or principal and interest next coming due on the outstanding Bonds.
The City covenants and agrees that if it issues any Future Parity Bonds that are Term
Bonds, it will provide in each ordinance authorizing the issuance of the same for annual payments
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to be made from the Revenue Fund into the Debt Service Account sufficient, together with Gross
Revenue collected and deposited and such other money as is on hand and available therefor in such
account, to amortize the principal of future Parity Bonds that are Term Bonds on or before the
maturity date thereof.
(b) Reserve Account. The Reserve Account has been created in the Bond Account as
a common debt service reserve account and, except as provided below, shall be used solely for the
purpose of securing the payment of the principal of and the interest on all Parity Bonds secured by
the Reserve Account.
The Bonds shall initially be secured by the Reserve Account. The City hereby covenants
and agrees that it will satisfy the Reserve Account Requirement for the Bonds by depositing into
the Reserve Account, from proceeds of the Bonds or other available funds, an amount that will be
sufficient to satisfy the Reserve Account Requirement with respect to the Bonds.
Following the full redemption, refunding or defeasance of all of the Outstanding Parity
Bonds, the City may, in its sole discretion, (i) reduce the Reserve Account Requirement for the
Bonds to zero, and from and after such time, the Bonds shall no longer be secured by the Reserve
Account, and (ii) create separate reserve funds and/or accounts and establish separate Reserve
Account Requirements, if any, to secure the payment of the principal of and interest on Future
Parity Bonds. Terms related to any such reserve funds and/or accounts shall be provided for in the
ordinance authorizing the issuance of such Future Parity Bonds.
The City further covenants and agrees that if it issues any Future Parity Bonds secured by
the Reserve Account it will provide in each ordinance authorizing the issuance of those Future
Parity Bonds that on or prior to the date of issuance of such Future Parity Bonds money will be
deposited into the Reserve Account, from proceeds of such bonds or other funds available therefor,
so that the total amount of money in the Reserve Account will at least equal the Reserve Account
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Requirement. The City may substitute Qualified Insurance or a Qualified Letter of Credit for
amounts required to be deposited into the Reserve Account. Such Qualified Letter of Credit or
Qualified Insurance shall not be cancellable on less than five years notice. In the event of any
cancellation, the Reserve Account shall be funded in accordance with the provisions of this section
providing for payment in the event of a deficiency therein, as if the Parity Bonds that remain
outstanding had been issued on the date of such notice of cancellation.
The City further covenants and agrees that when the required deposits have been made into
the Reserve Account, it will at all times maintain therein an amount at least equal to the Reserve
Account Requirement, as redetermined in each calendar year with respect to the bonds secured by
such Reserve Account. Whenever there is a sufficient amount in the Bond Account, including all
accounts therein, to pay the principal of, premium, if any, and interest on all outstanding Parity
Bonds, the money in the Reserve Account may be used to pay the principal of, premium, if any,
and interest on the Parity Bonds secured thereby. Money in the Reserve Account may also be
withdrawn to redeem and retire, and to pay the premium, if any, and interest due to such date of
redemption, on the outstanding Parity Bonds secured by such Reserve Account, as long as the
money remaining on deposit in such Reserve Account is at least equal to the Reserve Account
Requirement determined with respect to the Parity Bonds secured by the Reserve Account then
outstanding.
So long as the Bonds are secured by the Reserve Account, if the Bonds outstanding are
ever refunded, the money set aside in the Reserve Account to secure the payment thereof may be
used to retire Bonds or may be transferred to any other reserve account that may be created to
secure the payment of any bonds issued to refund the Bonds.
If there is a deficiency in the Debt Service Account to meet maturing installments of either
interest on or principal of and interest on the outstanding Parity Bonds payable out of such Reserve
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Account, such deficiency shall be made up from the Reserve Account by the withdrawal of money
therefrom and by the sale or redemption of obligations held in the Reserve Account, if necessary,
in such amounts as will provide cash in the Reserve Account sufficient to make up any such
deficiency, and if a deficiency still exists immediately prior to an interest payment date and after
the withdrawal of cash, the City shall then draw from any Qualified Letter of Credit, Qualified
Insurance, or other equivalent credit facility in sufficient amount to make up the deficiency. Such
draw shall be made at such times and under such conditions as the agreement for such Qualified
Letter of Credit or such Qualified Insurance shall provide. If more than one Qualified Letter of
Credit or Qualified Insurance is available, draws shall be made ratably thereon to make up the
deficiency. Any deficiency created in the Reserve Account by reason of any such withdrawal shall
then be made up from money in the Revenue Fund first available after making the payments
required to be made under paragraphs “FIRST” through “FOURTH” of Section 9 of this ordinance.
(c) Lien of Bond Account. The Bonds, together with the interest thereon, shall be
payable from Gross Revenue, and such Gross Revenue is hereby pledged and set aside out of the
Revenue Fund into the Bond Account. Said amounts so pledged are hereby declared to be a lien
and charge upon Gross Revenue and the money in the Revenue Fund equal to the lien and charge
thereon to secure and pay the principal of and interest on the Outstanding Parity Bonds, the Bonds
and any Future Parity Bonds and superior to all other charges of any kind or nature, except the
Costs of Maintenance and Operation.
(d) Investment of Money in Bond Account. All money in the Debt Service Account or
Reserve Account may be kept in cash or invested in Permitted Investments maturing not later than
the last maturity of the Bonds outstanding at the time of such purchase. Interest earned on or
profits made from the sale of such investments shall be deposited in and become a part of the
Revenue Fund.
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Section 12. Adequacy of Revenues. The Council hereby declares that in fixing the
amounts to be paid into the Bond Account as hereinbefore provided it has exercised due regard for
the Costs of Maintenance and Operation and has not obligated the City to set aside and pay into
the Bond Account a greater amount of money in the Revenue Fund than in its judgment will be
available over and above such Costs of Maintenance and Operation.
Section 13. Covenants and Agreements. The City hereby covenants with the owner of
each of the Bonds for as long as any of the same remain outstanding as follows:
(a) Rates and Charges. The City will establish, maintain and collect lawful rates and
charges for the use of the services and facilities of the System, and will adjust such rates and
charges from time to time so that:
(1) Gross Revenue will at all times be sufficient (a) to pay all Costs of
Maintenance and Operations and to pay all taxes, assessments or other governmental charges
lawfully imposed on the System or the revenue therefrom or payments in lieu thereof and any and
all other amounts that the City may now be and hereafter become obligated to pay from Gross
Revenue by law or contract, and (b) together with Assessments actually collected, to pay the
principal of and interest on all outstanding Parity Bonds as and when the same become due and
payable, to make all payments required to be made into the Bond Account to satisfy the Sinking
Fund Requirement, and to make when due all payments required to be made into the Reserve
Account.
(2) The Net Revenue in each Fiscal Year will equal at least 1.25 times Annual
Debt Service for such year (after deducting Assessments actually collected for such year). For the
purpose of meeting the requirement of this paragraph there may be added to Net Revenue for any
Fiscal Year any amount withdrawn from the Rate Stabilization Fund and deposited in the Revenue
Fund. There shall be subtracted from Net Revenue for any Fiscal Year any amounts in such year
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withdrawn from the Revenue Fund and deposited into the Rate Stabilization Fund in such Fiscal
Year. Annual Debt Service for purposes of this rate covenant shall be adjusted to reflect any Debt
Service Offset.
(b) Maintenance of System. The City will at all times keep and maintain the System in
good repair, working order and condition, and will at all times operate the same and the business
in connection therewith in an efficient manner and at a reasonable cost.
(c) Sale or Disposition of the System. The City will not sell or otherwise dispose of
the System in its entirety unless simultaneously with such sale or other disposition, the City
provides for payment into the Bond Account of cash or Government Obligations sufficient together
with interest to be earned thereon to pay the principal of and interest on the then outstanding Parity
Bonds, nor will the City sell or otherwise dispose of any part of the useful operating properties of
the System unless the City receives the prior written consent of the municipal bond insurer for the
2009 Bonds (so long as the 2009 Bonds are outstanding) and the municipal bond insurer for the
2010 Bonds (so long as the 2010 Bonds are outstanding) and replaces such facilities or provides
for payment into the Bond Account of the greater of:
(1) An amount that will be in the same proportion to the net amount of Parity
Bonds then outstanding (defined as the total amount of the Parity Bonds less the amount of cash
and investments in the Bond Account and accounts therein) that the Net Revenue from the portion
of the System sold or disposed of for the preceding year bears to the total Net Revenue for such
period; or
(2) An amount that will be in the same proportion to the net principal amount
of Parity Bonds then outstanding that the book value of the part of the System sold or disposed of
bears to the book value of the entire System immediately prior to such sale or disposition.
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The proceeds of any such sale or disposition of a portion of the properties of the System
(to the extent required above) shall be paid into the Bond Account.
Notwithstanding any other provision of this subsection, the City may sell or otherwise
dispose of any of the works, plant, properties and facilities of the System or any real or personal
property comprising a part of the same with a value less than 2% of the net utility plant of the
System or that has become unserviceable, inadequate, obsolete or unfit to be used in the operation
of the System, or no longer necessary, material to or useful in such operation, without making any
deposit into the Bond Account.
(d) Collection of Assessments. The City will promptly collect all Assessments levied
in any utility local improvement district now or hereafter created to secure the payment of the
principal of and interest on any Parity Bonds and shall pay the same into the Bond Account without
allocation of such Assessments to any particular series of Parity Bonds. It is hereby provided
further, however, that nothing in this ordinance or in this subsection shall be construed to prohibit
the City from issuing revenue bonds having a lien on Gross Revenue junior to the lien on such
revenue for the payment of the principal of and interest on Parity Bonds and pledging as security
for the payments of such junior lien bonds assessments levied in any utility local improvement
district that may have been created to pay part or all the cost of improvements to the System for
which such junior lien revenue bonds were specifically issued; provided, however, that the City
may not agree to acceleration as a remedy with respect to any bonds or other obligations having a
lien on Gross Revenue junior to the lien thereon of any Parity Bonds.
(e) Books and Accounts. The City will maintain complete books and records relating
to the operation of the System and its financial affairs, and will cause such books and records to
be audited annually, and cause to be prepared an annual financial and operating statement, which
statement will be mailed to any owner of Parity Bonds upon request.
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(f) Insurance. The City will carry fire and extended coverage insurance on the System
as is ordinarily carried on the property of similar public utilities by other municipal corporations
engaged in the operation of the same, to the full insurable value thereof, and will also carry
adequate public liability insurance and other kinds of insurance as under good practices are
ordinarily carried on the properties of similar public utilities by private companies engaged in the
operation of the same; provided, however, that the City may, if the Council deems necessary and
advisable, institute or continue a self-insurance program with respect to any or all of the
aforementioned risks. The premiums paid for all such insurance shall be regarded and paid as a
Cost of Maintenance and Operation.
(g) Delinquencies. The City will promptly collect all service charges and Assessments,
determine in a timely manner all delinquencies, and take all necessary legal action to enforce
collection of such delinquencies.
(h) No Free Service. Except as permitted by law, the City will not furnish any service
of the System to any customer whatsoever free of charge.
Section 14. Tax Covenants. The City will take all actions necessary to assure the
exclusion of interest on the Bonds from the gross income of the owners of the Bonds to the same
extent as such interest is permitted to be excluded from gross income under the Code as in effect
on the date of issuance of the Bonds, including but not limited to the following:
(a) Private Activity Bond Limitation. The City will assure that the proceeds of the
Bonds are not so used as to cause the Bonds to satisfy the private business tests of Section 141(b)
of the Code or the private loan financing test of Section 141(c) of the Code.
(b) Limitations on Disposition of Project. The City will not sell or otherwise transfer
or dispose of (i) any personal property components of the projects financed or refinanced with
proceeds of Bonds other than in the ordinary course of an established government program under
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Treasury Regulation Section 1.141-2(d)(4) or (ii) any real property components of the projects
financed or refinanced with proceeds of Bonds, unless it has received an opinion of nationally
recognized bond counsel to the effect that such disposition will not adversely affect the treatment
of interest on the Bonds as excludable from gross income for federal income tax purposes.
(c) Federal Guarantee Prohibition. The City will not take any action or permit to suffer
any action to be taken if the result of such action would be to cause any of the Bonds to be
“federally guaranteed” within the meaning of Section 149(b) of the Code.
(d) Rebate Requirement. The City will take any and all actions necessary to assure
compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings,
if any, to the federal government, to the extent that such section is applicable to the Bonds.
(e) No Arbitrage. The City will not take, or permit or suffer to be taken, any action
with respect to the proceeds of the Bonds which, if such action had been reasonably expected to
have been taken, or had been deliberately and intentionally taken, on the date of issuance of the
Bonds would have caused the Bonds to be “arbitrage bonds” within the meaning of Section 148
of the Code.
(f) Registration Covenant. The City will maintain a system for recording the
ownership of each Bond that complies with the provisions of Section 149 of the Code until all
Bonds have been surrendered and canceled.
(g) Record Retention. The City will retain its records of all accounting and monitoring
it carries out with respect to the Bonds for at least three years after the Bonds mature or are
redeemed (whichever is earlier); however, if the Bonds are redeemed and refunded, the City will
retain its records of accounting and monitoring at least three years after the earlier of the maturity
or redemption of the obligations that refunded the Bonds.
(h) Compliance with Federal Tax Certificate. The City will comply with the provisions
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of the Federal Tax Certificate with respect to the Bonds, which are incorporated herein as if fully
set forth herein.
(i) Bank Qualification. In the Federal Tax Certificate executed in connection with the
issuance of the Bonds, the City may designate such Bonds as “qualified tax-exempt obligations”
under Section 265(b)(3) of the Code for investment by financial institutions.
The covenants of this section will survive payment in full or defeasance of the Bonds.
Section 15. Defeasance. In the event that the City, to effect the payment, retirement or
redemption of any Bond, sets aside in the Debt Service Account or in another special account, cash
or noncallable Government Obligations, or any combination of cash and/or noncallable
Government Obligations, in amounts and maturities which, together with the known earned
income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its
terms and to pay when due the interest and redemption premium, if any, thereon, and such cash
and/or noncallable Government Obligations are irrevocably set aside and pledged for such
purpose, then no further payments need be made into the Debt Service Account for the payment
of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to
be entitled to any lien, benefit or security of this ordinance except the right to receive payment of
principal, premium, if any, and interest from the Debt Service Account or such special account,
and such Bond shall be deemed to be not outstanding under this ordinance.
In the event that the refunding plan provides that the Bonds being refunded or the refunding
bonds to be issued be secured by money and/or government obligations pending the prior
redemption of those Bonds being refunded and if such refunding plan also provides that certain
money and/or Government Obligations are pledged irrevocably for the prior redemption of those
Bonds included in the refunding plan, then only the debt service on the Bonds which are not
defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding
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plan, shall be included in any computation of the coverage requirement for the issuance of Future
Parity Bonds and the annual computation of coverage for determining compliance with the rate
covenant.
The City shall give written notice of defeasance to the owners of all Bonds to each party
entitled to receive notice in accordance with Section 18.
Section 16. Issuance of Future Parity Bonds. The City hereby further covenants and
agrees with the owners of the Bonds for as long as any of the same remain outstanding as follows:
(a) Parity Conditions. That it will not issue any bonds with a lien on Gross Revenue
superior to the lien of the Bonds on such revenue. The City may issue Future Parity Bonds for:
First, the purpose of acquiring, constructing and installing additions and improvements to
and extensions of, acquiring necessary equipment for, or making necessary replacements or repairs
and capital improvements to the System; or
Second, the purpose of refunding or purchasing and retiring at or prior to their maturity
any outstanding revenue bonds or other obligations payable out of Gross Revenue;
and to pledge that payments be made into the Bond Account for the payment of the
principal thereof and interest thereon out of the Revenue Fund sufficient to pay the principal of
and interest on such Future Parity Bonds and to maintain the reserves required therefor, which
such payments may rank equally with the payments out of such Revenue Fund into the Bond
Account and the Reserve Account (if such Future Parity Bonds are secured by the Reserve
Account) to pay and secure the payment of the principal of and interest on any Parity Bonds then
outstanding, upon compliance with the following conditions:
(1) That at the time of the issuance of such Future Parity Bonds there is no
deficiency in the Bond Account and the Reserve Account or any other reserve account created to
secure the principal of and interest on Parity Bonds.
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(2) If there are special assessments levied in any utility local improvement
district in which additions and improvements to and extensions of the System will be constructed
from the proceeds of such Future Parity Bonds, the ordinance authorizing such Future Parity Bonds
must require that such special assessments be paid into the Bond Account.
(3) If there are special assessments pledged to be paid into a warrant or bond
redemption fund for revenue bonds or warrants being refunded by Future Parity Bonds, the
ordinance authorizing such Future Parity Bonds must require such special assessments to be used
for the refunding or paid into the Bond Account.
(4) The principal of and interest on the Future Parity Bonds will be payable out
of the Bond Account, and the ordinance authorizing their issuance must further provide for
payments into the Bond Account to satisfy the Sinking Fund Requirement and, for any Future
Parity Bonds secured by the Reserve Account, payments into the Reserve Account to satisfy the
Reserve Account Requirement, all as required by Section 11 of this ordinance.
(5) Prior to the delivery of any Future Parity Bonds, the City must have on file
in the office of the City Clerk either:
(A) from and after such time as no 2009 Bonds remain outstanding, a
certificate of the Finance Director showing that the Net Revenue (without the adjustments
described in subsection (a)(5)(B) below) in any twelve (12) consecutive months out of the twenty-
four (24) months immediately preceding the delivery of the bonds then proposed to be issued, as
determined from the financial statements of the System, will equal at least 1.25 times the Annual
Debt Service (after deducting Assessments, allocated to the years in which they would be received
if the unpaid balance of each assessment roll were paid in the remaining number of installments
with interest on the declining balance at the times and at the rate provided in the ordinance
confirming the assessment roll) for each such calendar or Fiscal Year for all Parity Bonds plus the
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Future Parity Bonds proposed to be issued. Annual Debt Service for purposes of this test shall be
adjusted to reflect any Debt Service Offset; or
(B) a certificate of a Professional Utility Consultant showing: that the
Net Revenue determined and adjusted as hereafter provided for each calendar or Fiscal Year after
the issuance of such Future Parity Bonds (the “Adjusted Net Revenue”) will equal at least
1.25 times the Annual Debt Service (after deducting Assessments, allocated to the years in which
they would be received if the unpaid balance of each assessment roll were paid in the remaining
number of installments with interest on the declining balance at the times and at the rate provided
in the ordinance confirming the assessment roll) for each such calendar or Fiscal Year for all Parity
Bonds plus the Future Parity Bonds proposed to be issued. Annual Debt Service for purposes of
this test shall be adjusted to reflect any Debt Service Offset.
The Adjusted Net Revenue shall be the Net Revenue for a period of any twelve (12)
consecutive months out of the twenty-four (24) months immediately preceding the date of delivery
of such proposed Future Parity Bonds as adjusted by such Professional Utility Consultant to take
into consideration changes in Net Revenue estimated to occur under the following conditions for
each year after such delivery for so long as any Parity Bonds, including the Future Parity Bonds
proposed to be issued, shall be outstanding:
(i) The additional Net Revenue that would have been received if any
change in rates and charges adopted prior to the date of such certificate and subsequent to the
beginning of such twelve (12)-month period, had been in force during the full twelve (12)-month
period;
(ii) The additional Net Revenue that would have been received if any
facility of the System that became fully operational after the beginning of such twelve (12)-month
period had been so operating for the entire period; and
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(iii) The additional Net Revenue estimated by such Professional Utility
Consultant to be received as a result of any additions, betterments and improvements to and
extensions of any facilities of the System that are (a) under construction at the time of such
certificate or (b) will be constructed from the proceeds of the Future Parity Bonds to be issued.
Such Professional Utility Consultant may rely upon, and his or her certificate shall have
attached thereto, financial statements of the System certified by the Finance Director showing
income and expenses for the period upon which the same is based.
The certificate of such Professional Utility Consultant shall be conclusive and the only
evidence required to show compliance with the provisions and requirements of this
subsection (a)(5)(B).
(b) Refunding. Notwithstanding the foregoing requirement, if Future Parity Bonds are
to be issued for the purpose of refunding at or prior to their maturity any part or all of the then
outstanding Parity Bonds, the certificate described in subsection (a)(5) of this section is not
required if the Finance Director provides a certificate stating that upon the issuance of such Future
Parity Bonds (1) total debt service on all Parity Bonds (including the refunding bonds but not
including the bonds to be refunded thereby) will decrease, and (2) the Annual Debt Service for
each year that any Parity Bonds (including the refunding bonds proposed to be issued) will be
outstanding will not increase by more than $5,000 by reason of the issuance of such Future Parity
Bonds.
(c) Junior Lien Obligations. Nothing herein contained shall prevent the City from
issuing any revenue bonds, warrants or other obligations that are a charge upon the money in the
Revenue Fund junior or inferior to the payments required by this ordinance to be made into the
Bond Account and the Reserve Account; provided, however, that the City may not agree to
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acceleration as a remedy with respect to any bonds or other obligations having a lien on Gross
Revenue junior to the lien thereon of any Parity Bonds.
(d) Variable Rate Obligations. The City may not issue variable rate obligations
payable from Gross Revenue without the prior written consent of the municipal bond insurers
providing insurance for the 2009 Bonds (but for only so long as such 2009 Bonds remain
outstanding) and the 2010 Bonds (but for only so long as such 2010 Bonds remain outstanding).
Section 17. Sale of Bonds.
(a) Sale. The Council has determined that it would be in the best interest of the City
to delegate to the Designated Representatives, for a limited time, the authority to select the
Refunded Bonds from the Refunding Candidates, and to approve the method of sale, final interest
rates, maturity dates, redemption terms and principal maturities for the Bonds. Each Designated
Representative is each hereby authorized to approve the issuance of Bonds and to approve a
competitive bond sale or a negotiated bond sale for the Bonds, as set forth below.
(b) Negotiated Bond Sale. If a Designated Representative determines that the Bonds
are to be sold by negotiated public sale, a Designated Representative shall solicit proposals from
one or more qualified underwriting firms and shall select one or more Underwriters that submit
the proposal(s) that is in the best interest of the City. Such Bonds shall be sold to such
Underwriter(s) pursuant to the terms of a Bond Purchase Contract.
(c) Competitive Sale. If a Designated Representative determines that the Bonds are to
be sold at a competitive public sale, a Designated Representative shall: (1) establish the date of the
public sale; (2) establish the criteria by which the successful bidder will be determined; (3) request
that a good faith deposit in an amount not less than one percent of the principal amount of the
offering accompany each bid; (4) cause notice of the public sale to be given; and (5) provide for
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such other matters pertaining to the public sale as he or she deems necessary or desirable. Such
Bonds shall be awarded to the Underwriter pursuant to the terms of a Certificate of Award.
(d) Sale Parameters. Subject to the terms and conditions set forth in this Section 17,
each Designated Representative is hereby authorized to approve the method of sale, to select the
Refunded Bonds from the Refunding Candidates, and to approve the final interest rates, aggregate
principal amount, principal maturities, and redemption rights of the Bonds in the Sale Document;
provided herein so long as:
(1) the aggregate principal (face) amount of all Bonds issued pursuant to this
ordinance does not exceed $29,000,000,
(2) the final maturity date for the Bonds issued under this ordinance is no later
than November 1, 2036,
(3) the Bonds sold for the purpose of refunding all or a portion of the Refunded
Bonds are sold for a price that results in a minimum aggregate net present value debt service
savings over the Refunded Bonds to be refunded of at least 3.00%,
(4) the true interest cost for the Bonds (in the aggregate) does not exceed 4.00%,
and
(5) the aggregate purchase price for the Bonds shall not be less than 96% of the
aggregate stated principal amount of the Bonds.
Subject to the terms and conditions set forth in this section, each Designated Representative
is hereby authorized to execute the Sale Document on behalf of the City. Following the execution
of the Sale Document, a Designated Representative shall provide a report to the Council describing
the final terms of the Bonds approved pursuant to the authority delegated in this section. The
authority granted to the Designated Representatives by this Section 17 to execute the Sale
Document shall expire one year (365 days) after the effective date of this ordinance. If a Sal e
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Document for the Bonds has not been executed by such date, the authorization for the issuance of
such Bonds shall be rescinded, and such Bonds shall not be issued nor their sale approved unless
such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re-
authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing
this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a
Sale Document or establishing terms and conditions for the authority delegated under this
Section 17.
(e) Delivery of Bonds; Documentation. The proper officials of the City, including the
Finance Director, the Mayor and the City Clerk, are authorized and directed to undertake all action
necessary for the prompt execution and delivery of the Bonds to the applicable Underwriter and
further to execute all closing certificates and documents required to effect the closing and delivery
of the Bonds in accordance with the terms of the Sale Document. Such documents may include,
but are not limited to, documents related to a municipal bond insurance policy delivered by an
insurer to insure the payment when due of the principal of and interest on all or a portion of the
Bonds as provided therein, if such insurance is determined by a Designated Representative to be
in the best interest of the City.
(c) Preliminary and Final Official Statements. Each Designated Representative is
hereby authorized to deem final the preliminary Official Statement relating to the Bonds for the
purposes of the Rule. Each Designated Representative is further authorized to approve for
purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and
sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such
changes, if any, as may be deemed to be appropriate.
Section 18. Undertaking to Provide Ongoing Disclosure. The City covenants to execute
and deliver at the time of issuance of the Bonds a Continuing Disclosure Certificate. Each
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Designated Representative is hereby authorized to execute and deliver a Continuing Disclosure
Certificate upon the issuance, delivery and sale of the Bonds with such terms and provisions as
such officer shall deem appropriate and in the best interests of the City.
Section 19. Supplements and Amendments.
(a) The Council from time to time and at any time may adopt an ordinance or
ordinances supplemental hereof, which ordinance or ordinances thereafter shall become a part of
this ordinance, for any one or more or all of the following purposes:
(1) To add to the covenants and agreements of the City in this ordinance other
covenants and agreements thereafter to be observed, which shall not adversely affect the interests
of the owners of any Bonds or any Parity Bonds in any material respect, or to surrender any right
or power herein reserved to or conferred upon the City.
(2) To make such provisions for the purpose of curing any ambiguities or of
curing, correcting or supplementing any defective provision contained in this ordinance in regard
to such matters or questions as the Council may deem necessary or desirable and not inconsistent
with this ordinance and which shall not adversely affect the interests of the owners of any Bonds
or any Parity Bonds in any material respect.
(3) To amend or supplement any provision contained in this ordinance for the
purpose of obtaining or maintaining a rating on the Bonds so long as such amendment or
supplement is not inconsistent with this ordinance and will not adversely affect the interests of the
owners of any Bonds or any Parity Bonds in any material respect.
Any such supplemental ordinance of the Council may be passed without the consent of the
owners of any Bonds at any time outstanding, notwithstanding any of the provisions of
subsection (b) of this section; provided, however, that the City shall obtain an opinion of nationally
recognized bond counsel to the effect that such supplemental ordinance complies with this
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subsection (a) and will not adversely affect the interests of the owners of any Bonds or any Parity
Bonds in any material respect.
(b) With the consent of the owners of not less than 65% in aggregate principal amount
of the Parity Bonds at the time outstanding, the Council may adopt an ordinance or ordinances
supplemental hereto for the purpose of adding any provisions to or changing in any manner or
eliminating any of the provisions of this ordinance or of any supplemental ordinance; provided,
however, that no such supplemental ordinance shall:
(1) Extend the fixed maturity of any Parity Bonds, or reduce the rate of interest
thereon, or extend the time of payments of interest from their due date, or reduce the amount of
the principal thereof, or reduce any premium payable on the redemption thereof, without the
consent of the owner of each bond so affected; or
(2) Reduce the aforesaid percentage of bond owners required to approve any
such supplemental ordinance, without the consent of the owners of all of the Parity Bonds then
outstanding.
It shall not be necessary for the consent of bond owners under this subsection (b) to approve
the particular form of any proposed supplemental ordinance, but it shall be sufficient if such
consent shall approve the substance thereof.
(c) Upon the adoption of any supplemental ordinance pursuant to the provisions of this
section, this ordinance shall be deemed to be modified and amended in accordance therewith, and
the respective rights, duties and obligations of the City under this ordinance and all owners of
Bonds outstanding hereunder shall thereafter be determined, exercised and enforced thereunder,
subject in all respects to such modification and amendments, and all the terms and conditions of
any such supplemental ordinance shall be deemed to be part of the terms and conditions of this
ordinance for any and all purposes.
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Section 20. Lost or Destroyed Bonds. In case any Bonds are lost, stolen or destroyed,
the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and
tenor to the Registered Owner thereof if the owner pays the expenses a nd charges of the Bond
Registrar and the City in connection therewith and files with the Bond Registrar and the City
evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and
of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity
satisfactory to both.
Section 21. Severability. If a court of competent jurisdiction declares that any one or
more of the covenants and agreements in this ordinance to be performed by the City are contrary
to law, then such covenant or covenants, agreement or agreements, will be null and void and will
be deemed separable from the remaining covenants and agreements in this ordinance and will in
no way affect the validity of other provisions of this ordinance or of the Bonds.
Section 22. Effective Date. This ordinance will become effective five (5) days from
and after its passage and publication.
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PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting
of the Council held on November 3, 2020.
CITY OF PORT ANGELES, WASHINGTON
Mayor
Attest:
City Clerk
APPROVED AS TO FORM
Pacifica Law Group LLP, Bond Counsel
G - 52October 20, 2020
CERTIFICATE OF CITY CLERK
I, the undersigned, City Clerk of the City of Port Angeles, Washington, DO HEREBY
CERTIFY:
1. That the attached is a true and correct copy of Ordinance No. 3666
(the “Ordinance”) of the City, duly passed at a regular meeting of the City Council (the “Council”)
of the City held on November 3, 2020.
2. That said meeting was duly convened and held in all respects in accordance with
law, including but not limited to Washington State Governor Inslee’s emergency proclamation
No. 20-28 issued on March 24, 2020, as amended and supplemented, temporarily suspending
portions of the Open Public Meetings Act (chapter 42.30 RCW), and due and proper notice of such
meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient
number of members of the Council voted in the proper manner for the passage of said Ordinance;
that all other requirements and proceedings incident to the proper passage of said Ordinance have
been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this
certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of November, 2020.
City Clerk
G - 53October 20, 2020
A-1
EXHIBIT A
FORM OF BOND
UNITED STATES OF AMERICA
NO. _____ $__________
STATE OF WASHINGTON
CITY OF PORT ANGELES
WATER AND WASTEWATER UTILITY REVENUE REFUNDING BOND, 2020
INTEREST RATE: MATURITY DATE: CUSIP NO:
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: ______________________________ Dollars
The City of Port Angeles, Washington, a municipal corporation organized and existing
under and by virtue of the laws of the State of Washington (the “City”), hereby acknowledges
itself to owe and for value received promises to pay to the Registered Owner identified above, or
registered assigns, on the Maturity Date identified above, the Principal Amount indicated above
and to pay interest thereon from ___________, 20__, or the most recent date to which interest has
been paid or duly provided for until payment of this bond at the Interest Rate set forth above,
payable on ___________ 1, 20___, and semiannually thereafter on the first days of each
succeeding ___________ and ___________. Both principal of and interest on this bond are
payable in lawful money of the United States of America. The fiscal agent of the State of
Washington has been appointed by the City as the authenticating agent, paying agent and registrar
for the bonds of this issue (the “Bond Registrar”). For so long as the bonds of this issue are held
in fully immobilized form, payments of principal thereof and interest thereon shall be made as
provided in accordance with the operational arrangements of The Depository Trust Company
(“DTC”) referred to in the Blanket Issuer Letter of Representations (the “Letter of
Representations”) from the City to DTC.
This bond is one of a series of bonds in the aggregate principal amount of $________ (the
“Bonds”), issued pursuant to the Bond Ordinance, to refund certain outstanding water and
wastewater utility revenue bonds, [to fund the Reserve Account,] and to pay costs of issuing the
bonds.
Both principal of and interest on this bond shall be payable in accordance with Ordinance
No. 3666 duly passed by the City Council on ______________, 2020 (the “Bond Ordinance”).
Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance.
Unless otherwise defined on this bond, capitalized terms used herein have the meanings given
them in the Bond Ordinance.
The principal of and interest on the Bonds are payable solely out of the special fund of the
City known as the “1994 Water and Wastewater Utility Revenue Bond Fund” (the “Bond
G - 54October 20, 2020
A-2
Account”). The Bonds are special limited obligations of the City and are not obligations of the
State of Washington or any political subdivision thereof other than the City, and neither the full
faith and credit nor the taxing power of the City or the State of Washington is pledged to the
payment of the Bonds.
Under the Bond Ordinance, the City is obligated to set aside and pay into the Bond Account
out of Gross Revenue of the System certain fixed amounts sufficient to pay when due the principal
of and interest and premium, if any, on the Bonds and all other Parity Bonds. To the extent
provided by the Bond Ordinance, the amounts pledged to be paid from Gross Revenue into the
Bond Account and accounts therein are a lien and charge thereon equal in rank to the lien and
charge upon Gross Revenue of the amounts required to pay and secure the payment of certain
outstanding Parity Bonds and any Future Parity Bonds that the City may issue hereafter, and
superior to all other liens and charges of any kind or nature, except the Costs of Maintenance and
Operation of the System.
The Bond Ordinance sets forth covenants of the City to secure the payment of Parity Bonds,
including but not limited to covenants relating to rates and charges of the System, operations of
the System, and the issuance of Future Parity Bonds.
The Bonds are subject to redemption prior to maturity as provided in the Sale Document.
The Bonds may be transferred and exchanged upon surrender to the Bond Registrar as provided in
the Bond Ordinance.
The Bonds are not “private activity bonds” as such term is defined in the Internal Revenue
Code of 1986, as amended (the “Code”). The City has not designated the Bonds as “qualified tax-
exempt obligations” within the meaning of Section 265(b)(3)(B) of the Code.
This bond will not be valid or become obligatory for any pu rpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon has
been manually signed by the Bond Registrar.
It is hereby certified, recited and declared that all acts, conditions and things required by
the Constitution and statutes of the State of Washington to exist, to have happened and to have
been performed precedent to and in the issuance of this bond do exist, have happened and have
been performed in due time, form and manner as prescribed by law, and that the amount of this
bond, together with all other obligations or indebtedness of the City, does not exceed any
constitutional or statutory limitations of indebtedness.
IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to
be signed by the manual or facsimile signature of its Mayor, attested by the manual or facsimile
signature of the City Clerk, and seal of the City to be impressed or reproduced hereon, all as of
____________, 2020.
CITY OF PORT ANGELES, WASHINGTON
( S E A L )
By [Manual or Facsimile Signature]
Mayor
G - 55October 20, 2020
A-3
Attest:
[Manual or Facsimile Signature]
City Clerk
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This is one of the Water and Wastewater Utility Revenue Refunding Bonds, 2020, of the
City of Port Angeles, Washington, dated __________ ___, 2020, as described in the within
mentioned Bond Ordinance.
WASHINGTON STATE FISCAL AGENT, as
Bond Registrar
By
Authorized Officer
G - 56October 20, 2020
Date: October 20, 2020
To: City Council
From: Nathan A. West, City Manager
Subject: Port Angeles School District Replacement Educational Programs and Operation Levy
Resolution – Amended Memo
Background / Analysis: 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 Replacement
Educational Programs and Operation Levy. If Council then decides to support the EPO Levy Ballot
Proposition, it may adopt the attached resolution or may make and adopt a motion that in other words
expresses its support for the EPO Levy Ballot Proposition.
Funding Overview: N/A.
Attachments: Resolution of Support
Amendment: This memo has been updated to include the correct title of the Port Angeles School
District 121 levy that has been placed on the November 3, 2020 ballot. The levy measure titled
Proposition No. 1 – Replacement Educational Programs and Operation Levy measure would authorize a
4-year Replacement Educational Programs and Operation Levy (EPO Levy Ballot Proposition). In the
previous memo, the Levy contained an incorrect levy title. Any reference to the “Capital Levy” in the
previous memo has been replaced with Replacement Educational Programs and Operation Levy or EPO
Levy Ballot Proposition.
Summary: Council has expressed interest in supporting the Port Angeles School District Replacement
Educational Programs and Operation Levy. Before taking a position on the upcoming levy, Council must
allow an opportunity for expression of views for and against the proposed Replacement Educational
Programs and Operation 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 Replacement Educational Programs and Operation Levy.
2. Consider all the views expressed; and
3. If Council chooses to formally take any action supporting the District’s Replacement Educational
Programs and Operation Levy, adopt a motion declaring its support or adopt the attached Resolution.
RESOLUTION NO. _______
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, expressing its support for passage the of Port
Angeles School District No. 121’s November 3, 2020 ballot
proposition, titled Proposition No. 1 – Replacement
Educational Programs and Operation Levy.
WHEREAS, the Port Angeles School District 121 has placed on the November 3,
2020 ballot a levy measure titled Proposition No. 1 – Replacement Educational Programs and
Operation Levy, which measure would authorize a 4-year Replacement Educational Programs
and Operation Levy (the “EPO Levy Ballot Proposition”); and
WHEREAS, the EPO Levy Ballot Proposition is necessary to permit the District to
meet the educational needs of its students and pay expenses of educational programs and
operation support not funded by the State of Washington; and
WHEREAS, pursuant to RCW 42.17A.555 the Council desires to express its strong
support for passage of the EPO Levy Ballot Proposition; and
WHEREAS, all required notices of the October 20, 2020 meeting of the Council
included the full EPO levy ballot title and number, and all members of the Council and
members of the public were given equal opportunity to express an opposing view at the open
public meeting, and all who wished to speak were heard,
NOW, THEREFORE, BE IT RESOLVED that the Port Angeles City Council
hereby declares its support for passage the of Port Angeles School District No. 121’s
November 3, 2020 ballot proposition, titled Proposition No. 1 – Replacement Educational
Programs and Operation Levy.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
October 20, 2020 H - 2
Council held on the 20th day of October, 2020.
_______________________________
Kate Dexter, Mayor
ATTEST:
________________________________
Kari Martinez-Bailey, City Clerk
APPROVED AS TO FORM:
_______________________________
William E. Bloor, City Attorney
October 20, 2020 H - 3
Summary: Over the past year, the City of Port Angeles has been participating in a multi-jurisdictional
Broadband Feasibility Study. On October 28, 2020 from 6:30PM to 8:30PM the Clallam County
Broadband Team will be holding a ‘Community Outreach Meeting’ to gather input and feedback from
stakeholders, including Anchor Institution Leaders, Broadband Providers and Interested Citizens, to
convey the Team’s mission statement on the Feasibility Study and related action items to address the
underserved and unserved urban and rural areas of Clallam County.
Funding: City Council unanimously approved an Interlocal agreement committing funds in the amount
of $6,500. The funding equates to 26% of the required grant match amount to hire a consulting firm to
conduct a Broadband Feasibility Study. Funds were identified in the ‘Professional Services’ budget
general ledger 502-2081-518.41-50.
Recommendation: Council presentation
Date: October 20, 2020
To: City Council
From: Nathan A. West, City Manager
Todd Weeks, Information Technology Manager
Subject: Broadband Feasibility Study and Community Outreach Meeting - October 28th, 2020
Background / Analysis:
A Broadband Symposium, held in the Spring of 2019, resulted in ‘action teams’ to assess and address
High Speed Internet (Broadband) needs in Clallam County. Hence, the Clallam Broadband Team was
brought together via an Interlocal agreement with the three cities of Forks, Sequim and Port Angeles; as
well as Clallam County and the Port of Port Angeles being the primary participants along with a host of
local stakeholder agencies and organizations to embark on a Broadband Feasibility study partially funded
by a Community and Economic Revitalization Board (CERB) grant with North Olympic Development
Council (NODC) facilitating the group.
Under the Interlocal Agreement, an RFP was put out and the team has since employed the services of a
consulting firm, CBG Communications, Inc., to help develop the Team’s mission statement and guide the
team through developing a feasibility study to understand and document unserved (no service) and
underserved (slow service) areas, while looking at ways of enhancing availability and affordability
through competition in Port Angeles, Sequim, Forks and greater Clallam County using a phased
approach.
The presentation today is a brief overview of the anticipated Broadband Community Outreach Meeting
presentation with the agenda, timelines and overall strategy to accomplish the goals stated in the interlocal
agreement and subsequent mission statement.
October 20, 2020 I - 1
Funding:
On November 19, 2019, City Council unanimously approved an Interlocal agreement committing funds in
the amount of $6,500. The funding equates to 26% of the required grant match amount to hire a
consulting firm to conduct a Broadband Feasibility Study. Funds were identified in the ‘Professional
Services’ budget general ledger 502-2081-518.41-50.
October 20, 2020 I - 2
Date: October 20, 2020
To: City Council
From: Thomas Hunter, Director of Public Works & Utilities
Subject: Stormwater Permit Implementation Support, Professional Services Agreement
Background / Analysis: Since 2007 the City of Port Angeles has managed stormwater runoff within
City limits under a Western Washington Phase II Permit with Ecology and under the National Pollution
Discharge Elimination System. On August 1, 2019, Ecology’s most recent Permit update became
effective; this requires several new parameters and programmatic updates for the City to develop and
incorporate into its Stormwater Management Program (SWMP). The regulatory progressions in the
Permit are designed to reduce pollution in stormwater runoff and protect/improve downstream water
quality in local creeks and our harbor.
The City requires assistance to ensure compliance with Ecology’s new Permit requirements. On August 7,
2020, the City advertised a Request for Qualifications for Stormwater Permit Implementation Support.
The City received three responses from professional consulting firms and, after reviewing Statements of
Qualifications and conducting virtual interviews, the City selected Osborn Consulting, Inc. of Bellevue,
Washington as most qualified to support the City on this effort.
Engineering staff worked with Osborn Consulting to develop a detailed scope of work based on the
anticipated support and negotiated a maximum not-to-exceed contract amount of $295,806.00 for the
three year duration of the contract, with a budget of $50,000 in 2020 and $125,000.00 for 2021. The
proposed 2021 Professional Service Budget includes funding for tasks in this agreement including
Stormwater Management Program update, Illicit Discharge Detection and Elimination and Code updates,
Stormwater Inspection Report Services and other professional technical assistance. The City will receive
grant funding in the amount of $95,000.00 to apply toward this contract.
Summary: The purpose of this memo is to receive City Council approval for a Professional Services
Agreement to support City staff’s compliance with the 2019-2024 Western Washington Phase II
Stormwater Permit (Permit) requirements and deadlines. This Agreement will be in place through 2023.
Funding: Washington State Department of Ecology (Ecology) awarded a FY19-21 Capacity Grant to the
City in the amount of $95,000.00 to assist in meeting Stormwater Permit related expenses. Funds in the
amount of $50,000 are budgeted in the 2020 Stormwater Operational Budget (406-7412-538-4150) and
$125,000.00 are proposed in the 2021 Stormwater Operational Budget. (406-7412-538-4150). The 2022
and 2023 stormwater operational budgets will need to include an additional $120,806, for a total amount
not to exceed $295,806.00.
Recommendation: Approve and award a Professional Services Agreement to Osborn Consulting,
Inc. of Bellevue, Washington for Stormwater Permit Implementation Support in the not to exceed amount
of $295,806.00; and authorize the City Manager to sign a contract with Osborn Consulting and to make
minor modifications as necessary.
October 20, 2020 J - 1
Osborn Consulting will aid the City in meeting the following key Permit requirements:
• Assessing and prioritizing watersheds within the City to determine drainage basins that would
most-benefit from stormwater retrofits and developing a Stormwater Monitoring Action Plan for
a priority drainage basin.
• Reviewing and implementing inspection/tracking software to streamline inspection,
documentation, tracking, enforcement, and reporting components of the City’s ongoing
stormwater inspection and response programs:
o Illicit Discharge Detection and Elimination (IDDE),
o Annual Private Storm Facility Inspections,
o Operation and Maintenance,
o MS4 Accountability and Mapping, and
o Development Review and Construction Stormwater Inspection Program.
• Other stormwater directed service tasks as required.
These improvements to the City’s Stormwater Management Program will be completed progressively
throughout the duration of the PSA, in compliance with key deliverable milestones detailed in the
Ecology Phase II Permit.
Professional Services Rationale: The City does not have the staff capacity to update the Stormwater
Management Program for the new Permit while also implementing the existing stormwater program
elements. Therefore, Engineering staff will oversee the existing stormwater program elements and direct
the consultant’s efforts to meet Ecology’s new deadlines and requirements. For this reason, the City is
seeking outside support.
October 20, 2020 J - 2
City Legislative Priorities
Statewide policing reforms
Support local control over city law
enforcement policy decisions to meet
the needs of each community and appropriately
contain costs. Cities understand our obligation
to address racial equity in policing – both state
requirements and local policies.
Cities support the following statewide reforms:
• Develop a statewide standard for use of force that
preserves the right of local jurisdictions to enact
more restrictive standards based on community
input.
• Create a database to track officers who have been
fired for misconduct.
• Expand grounds for decertification to include use
of force violations.
• Require that officer misconduct investigations be
completed, regardless of an officer’s resignation.
• Establish a duty for all law enforcement officers to
immediately intervene and report misconduct or
illegal activity by a fellow police officer.
• Require that all officers receive regular support for
vicarious trauma and mental well-being, including
peer support, mental health counseling, and
appropriate mental health screenings. Officers
involved in any fatal use of force must undergo a
mental health screening prior to returning to duty.
State-shared revenues
Maintain revenue sharing with cities.
Cities support increased shared revenue
distributions to cities (if the state sees increased
shared revenues) and ask the state to look for other
opportunities to expand revenue sharing.
Transportation revenue package
Adopt a new transportation revenue
package that emphasizes maintenance/
preservation funding and provides an equitable
level of local funding as well as additional local
revenue options for cities.
Fiscal flexibility
Provide cities greater flexibility to use
funds from existing revenue sources
to help cities manage the impacts of the current
economic downturn. This will allow cities to direct
scarce resources where they are most needed when
responding to pressing community conditions.
Housing instability assistance
Work in a coalition to develop additional
resources to address housing instability
created by the economic impacts of the COVID‐19
pandemic, including rent assistance and
foreclosure/eviction prevention assistance.
2021
Candice Bock
Government Relations Director
candiceb@awcnet.org
10/01/20
Contact:
Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org
AWC’s advocacy is guided by the
following core principles from our
Statement of Policy:
• Local decision-making authority
• Fiscal flexibility and sustainability
• Equal standing for cities
• Diversity, equity, and inclusion
• Strong Washington state partnerships
• Nonpartisan analysis and decision-making
October 20, 2020 K - 1
10/5/2020
2021 Legislative Agenda – Board adopted
Priority Issues:
State shared revenue
o Maintain existing shared revenues and oppose any further cuts. Cities will support a
corresponding increase in distributions to cities if the Legislature increases marijuana
or liquor taxes.
o Seek flexibility in how cities may spend Municipal Criminal Justice Assistance Account
funds in order to best support local public safety efforts, including programs that use
alternatives to traditional policing.
Transportation revenue package
o Support a new transportation revenue package, with an emphasis on
maintenance/preservation funding, that provides an equitable level of local funding
while seeking the creation of additional revenue options for cities.
Fiscal flexibility
o Provide greater flexibility to use funds from existing revenue sources to help cities
manage the impacts of the economic crisis.
Housing instability assistance
o Work in a coalition to develop additional resources to address housing instability
created by the economic impacts of the COVID‐19 pandemic, including rent
assistance and foreclosure‐prevention assistance.
Statewide Policing Reforms
o Cities support the need to retain local control over city law enforcement policy
decisions to ensure they meet community needs and expectations and appropriately
contain costs. Cities are also cognizant of the need to address race equity in all aspects
of policing in both state requirements and local policies.
o Cities support the following statewide reforms:
A statewide standard for use of force so long as local jurisdictions are not
prohibited from enacting a more robust standard.
Creation of a database to track officers who have been fired from their
employment for misconduct.
The expansion of grounds for decertification to include use of force violations.
Requiring an investigation of an officer to be completed, regardless of
whether the officer resigns prior to the investigation being completed.
Establishing a duty for all law enforcement officers to immediately intervene
and report misconduct or illegal activity on the part of another officer.
Requiring that all LE officers receive regular support for vicarious trauma and
mental well‐being, to include peer support, mental‐health counseling, and
appropriate mental health screenings. LE involved in any fatal use of force
must undergo mental health screening prior to the officer returning to duty.
Significant Issues:
Property tax
o Revise the property tax cap to tie it to inflation and population growth factors so that
local elected officials can adjust the local property tax rate to better serve their
communities.
Revenue options
October 20, 2020 K - 2
10/5/2020
o Support efforts to review and revise both state and local tax structures such that they
rely less on regressive revenue options. Changes to the state tax structure should not
negatively impact cities’ revenue authority.
Additional law enforcement training
o Support additional training requirements including adequate state funding for any
training mandates. Additionally, support the need to fully fund the Criminal Justice
Training Commission and Basic Law Enforcement Academy.
Growth Management Act (GMA)
o Engage in the GMA reform conversation and look to secure dedicated planning
funding in recognition of potential new responsibilities in areas that cities can
support.
Zoning mandates
o Continue to actively defend against preemption of local land use authority, but
support policies that address historic legacy of racial segregation by helping cities
achieve better access to housing in our communities, for a greater variety of people
and their incomes. Examples of policies include a requirement for cities to work with
the community through the normal GMA comprehensive plan update process to
explore the history of housing inequities and develop policies to address the
inequities that are found.
Culverts
o Support that State resources be provided for locally owned culverts as a part of the
State’s overall resolution to the culvert injunction.
Broadband
o Support policies and funding that provide greater access and equity for broadband
services, including the potential expansion of authority to cities and other public
entities.
Public Works Trust Fund (PWTF)
o Continue to pursue full funding for the PWTF and defend against the redirection of
PWTF program funds.
Tax Increment Financing (TIF)
o Authorize property tax‐based tax increment financing including with a constitutional
amendment if necessary.
Collective bargaining
o Support waiving the requirement to bargain any legislatively mandated police
reforms.
o Support reviewing and revising existing binding interest arbitration requirements to
clarify and empower local agencies to discipline officers who violate agency policies,
state and local laws.
Open Public Meetings Act (OPMA)
o Support a permanent policy that allows greater flexibility for local governments to
hold virtual meetings without a physical location during an emergency.
Public Records Act (PRA)
o Update the PRA to reduce the impact of abusive and costly public records requests
and litigation that hamper public records management and access by the public.
Endorse/Support Issues:
Net Ecological Gain
October 20, 2020 K - 3
10/5/2020
o Support efforts to make progress on this issue while also defending against legal
exposure and unfunded mandates
Childcare
o Support additional investments of CARES money to support childcare facilities at risk
of closure.
o Support legislation that increases access to childcare in Washington.
o Support efforts to provide childcare during non‐traditional hours for children of first
responders
o Support efforts to streamline licensing of non‐traditional childcare facilities, such as
parks and recreation departments and community‐based organizations.
o Encourage cities to work with local school districts to provide unused buildings or
other spaces to accommodate childcare during the pandemic.
Medication Assisted Treatment (MAT)
o Support legislation that expands access to MAT in jails, so long as the state provides
adequate funding.
Local elections
o Support policies that preserve local control and input regarding how local elections
are administered.
Body and dash cameras
o Support local efforts to implement use of body cameras and dash cameras as a tool
to increase transparency during law enforcement interactions with members of the
public.
o Defend against any mandates that require the use of body or dash cameras without
local input and without state investments to pay the costs of acquiring cameras and
storing and preserving footage. The Legislature must enact necessary amendments
to the Public Records Act (PRA) to mitigate against exposure to litigation.
Independent Investigations
o Support efforts to create an independent investigation model for any fatal use of
force by law enforcement. Any model must address independence, transparency,
cost and avoid creating new unfunded mandates.
Independent Prosecutions
o Support independent prosecution of any crime, particularly those involving a law
enforcement officer. Monitor efforts to create an independent prosecution model for
officers who are involved in a fatal use of force incident. Under current state law, county
prosecutors have original jurisdiction over prosecutions, meaning they have power over
higher courts to first hear a case. Any change from this model may require a constitutional
amendment.
Monitor Issues:
Just Cause Eviction
o Monitor the legislative conversation around just cause eviction to ensure local
authority to institute these ordinances is not eroded. If the Committee wants to
support this policy, staff recommend it as a support item rather than a significant or
priority issue.
Pension contributions
October 20, 2020 K - 4
10/5/2020
o Support sustainable and predictable pension contribution rates based on the State
Actuary’s recommendations. Oppose significant rate reductions that may offer short
term budget savings but could result in significant additional costs in the long‐term.
October 20, 2020 K - 5
Date: October 20, 2020
To: City Council
From: Kari Martinez-Bailey, City Clerk
William Bloor, City Attorney
Subject: Public Safety Advisory Board Update
Background / Analysis:
On September 15, City Council adopted amendments to Chapter 2.26 of the Port Angeles Municipal
Code, which governs the Public Safety Advisory Board. This memo provides a summary of the steps
being taken to implement the changes made by the amendments. The amendments became effective on
October 12, 2020.
In addition to making changes to the positions, the amendments also create staggered terms. Specifically,
the ordinances requires the City Clerk to draw lots to establish the initial term for each Board position, as
is provided in the amendments. To create staggered terms, the first four positions drawn will be assigned
a one-time one-year term, the next four terms will be assigned a one-time three-year term. The remaining
four terms will be assigned to a one-time five-year term. We will then begin the process to fill the empty
Board positions. For the draw, staff have labeled the positions as follows:
• Owners or managers of businesses located within the City:
o Position 1-Alan Barnard
o Position 2-Evan Brown
• Representative from the Port Angeles School District #121:
o Position 3-Kelsey Lane
• High school student that is recommended by school administration
o Position 4-Kiara Schmitt (established by ordinance-a one-year term)
• Member affiliated with an associated EMS agency that operates in the City of Port Angeles
o Position 5-Vacant
• Tribal members:
o Position 6-Vacant
o Position 7-Vacant
Summary: On September 15, City Council adopted an ordinance amending the Public Safety Advisory
Board Chapter 2.26 of the Port Angeles Municipal Code. This memo is to provide information regarding
the steps planned to implement the ordinance relative to seat assignments.
Funding: N/A
Recommendation: For information only.
L - 1October 20, 2020
• Member who has experienced homelessness or a chemical use disorder, or someone who has
worked with people that have experienced homelessness or a chemical use disorder:
o Position 8-Vacant
• Other members shall be selected, to the extent feasible, to represent diverse segments of the
community:
o Position 9-Kathleen Graff
o Position 10-Lourene O’Brien
o Position 11-Al Oman
o Position 12-Vacant
Funding Overview:
N/A
L - 2October 20, 2020
JAN FEB MAR APR MAY JUN JUL AUG SEPTotalNEW CONSTRUCTION 0000000 011$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $225,000.00 225,000$ REPAIR AND ALTERATION510931049131275$157,810.00 $90,559.00 $63,649.00 $37,788.00 $68,165.00 $29,039.00 $1,589,401.00 $552,206.00 $243,302.00 2,831,919$ NEW CONST. 0100000 001$0.00 $895,555.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 895,555$ REPAIR AND ALTERATION0000000000$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00‐$ NEW CONSTRUCTION 22$205,470.00205,470$ REPAIR AND ALTERATION0110010025$0.00 $24,000.00 $395,000.00 $0.00 $0.00 $25,000.00 $0.00 $0.00 $10,000.00 454,000$ NEW MULTI FAMILY 0000000 000$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00‐$ NEW MANUFACTURED HOME 0001000 012$0.00 $0.00 $0.00 $87,000.00 $0.00 $0.00 $0.00 $0.00 $152,756.00 239,756$ NEW SINGLE FAMILY RESIDENCE 1221503 2319$410,000.00 $844,620.00 $328,818.00 $265,000.00 $690,443.00 $0.00 $507,290.00 $314,244.00 $491,592.00 3,852,007$ NEW ACCESSORY STRUCTURE 0111041 1211$0.00 $36,720.00 $25,000.00 $36,720.00 $0.00 $113,740.00 $51,720.00 $28,000.00 $75,000.00 366,900$ REPAIR AND ALTERATION39472454126283168309$342,646.00 $314,471.00 $170,281.00 $41,981.00 $343,435.00 $266,428.00 $189,105.00 $358,278.00 $483,776.00 2,510,401$ 1020120 107$0.00 $0.00 $27,000.00 $0.00 $275,000.00 $46,995.00 $0.00 $9,500.00 $0.00 358,495$ Total Permits Issued:466239 115737415089432Total Construction Valuation:$910,456.00 $2,205,925.00 $1,009,748.00 $468,489.00 $1,377,043.00 $481,202.00 $2,337,516.00 $1,467,698.00 $1,681,426.0011,939,503$ 3060101 1214DEMOLITION AND MOVING CERTIFICATES OF OCCUPANCYPublic2020 Building Permit Issuance Report Comm. Ind. Res.L - 3October 20, 2020
PUBLIC WORKS GRANT & LOAN STATUS REPORT
May 2020 – August 2020
PROJECT
DESCRIPTION
PROJECT
COST
GRANT/LOAN
SOURCE & ID
AMOUNT
GRANT MATCH/
LOAN DATA
AWARD
LISTING
STATUS
Stormwater
City Hall Parking Lot
LID Retrofit
$102,000
(design only)
Grant
DOE
#WQSWPC-2016-
PoAnPW-00001
$102,000 from
Stormwater
Financial
Assistance
Program;
No City match
required
February
2018
Grant acceptance
approved by
Council March
2019. Grant
agreement in place.
Design Contract
signed.
16th Street LID Retrofit $160,000
(design only)
Grant
DOE
#WQSWPC-2016-
PoAnPW-00014
$160,000 from
Stormwater
Financial
Assistance
Program;
No City match
required
February
2018
Grant acceptance
approved by
Council March
2019. Grant
agreement in place.
Decant Facility
$1,272,000
(including
grant-funded
design)
Grant
DOE
#WQC-2016-
PoAnPW-00368
$474,300 from
Stormwater
Financial
Assistance
Program;
$83,700 minimum
City match required
July 1,
2015
Grant acceptance
approved by
Council Feb 2016,
Grant awarded Feb
2018. Agreement
in place.
Capacity Grant N/A
Grant
DOE
#WQSWCAP-1921-
PoAnPW-00101
Applied for
$95,000 from
Stormwater
Financial
Assistance
Program; No City
match required
October
2019
Agreement in
place. Expires
March 2021.
Wastewater
Transportation
Hill Street ODT $200,000
(design only)
Grant
WSDOT
#LA8992
$200,000 from
Pedestrian and
Bicycle Safety
Funding
June 2015
Grant agreement
approved by
Council Sept 2016.
Consultant contract
signed. 90%-100%
design in progress.
Hill Street ODT
$2,031,000
(construction
only)
Grant
RCO
#TBD
$1,421,700 from
RCO WWRP –
Trails
$609,300 (30%)
required City match
(composed of
$203,100 cash and
$406,200 grant
funds from a TBD
secondary source)
September
2018
Grant agreement in
place.
L - 4October 20, 2020
PROJECT
DESCRIPTION
PROJECT
COST
GRANT/LOAN
SOURCE & ID
AMOUNT
GRANT MATCH/
LOAN DATA
AWARD
LISTING
STATUS
Transportation
Race Street Complete $462,000
(design only)
Grant
FHWA
#DTFH701E3002
$398,540 from WA
Federal Lands
Access Program;
$63,761 City
minimum match
January
2015
Grant Agreement
signed. 60% design
underway. New
consultant
agreement with
Exeltech.
Race Street Complete
Phase 1- 8th Street to
Olympic Park
3,973,000
(construction
only)
Grant
FHWA
#TBD
$2,000,000 from
WA Federal Lands
Access Program;
13.5% minimum
City match
June
2018
Grant award
notification letter
received.
This grant will be
used to construct
phase 1 and will
run from 2021-
2023.
Race Street Complete
Phase 1- 8th Street to
Olympic Park
$3,973,000 Grant FHWA/
WSDOT
$113,348 HIP
$568,000 STP
13.5% minimum
City match
April 2019
Grants accepted by
Council May 2019.
Agreements in
process.
Race Street Complete
Phase 1- 8th Street to
Olympic Park
$3,973,000 Grant FHWA/ RTPO
$487,240 TA,
13.5% minimum
City match
June 2020 Project selected for
TA Grant
Race Street Complete
Phase 1- 8th Street to
Olympic Park
$3,973,000 Grant FHWA/
WSDOT
$500,000 STBG,
13.5% minimum
City match
August
2020
Project selected for
2021 Surface
Transportation
Block Grant
Marine Drive Channel
Bridge $759,583
Grant
FHWA/WSDOT
#LA-8898
$75,000 (design)
and $510,000
(construction) from
Surface
Transportation
Program;
13.5% min match
March
2015
Signed agreement
May 2016. Signed
supplement May
2018. Project
complete, closeout
in progress.
Complete Streets
Award $300,000 Grant TIB
$300,000 from TIB
no match
requirements.
March
2019
Agreement in
place. Work to
begin in 2021.
Lincoln Street Safety $1,485,000
Grant WSDOT / PBS
#LA-9731
$1,285,000 from
WSDOT June 2019
Grant accepted by
Council September
2019. Agreement
in place. Design
consultant
agreement in place,
design underway.
FEMA
City Light
EV Charging $48,000
Grant AQVWEVWP-
1921-PoAnPW-
00031
$28,800 from WA
Dept of Ecology,
40% City match.
January
2020
Contract approved
and signed.
Reviewing
equipment
specifications and
working with
Engineering on
location.
L - 5October 20, 2020
List of Acronyms
AIP: Arterial Improvement Program
BPA: Bonneville Power Administration
BRAC: Bridge Replacement Advisory Committee
DOE: Department of Ecology
DWSRF or SRF: Drinking Water State Revolving Fund or State Revolving Fund
FEMA: Federal Emergency Management Agency
FHWA Federal Highway Administration
NOANet: Northwest Open Access Network
NOSC: North Olympic Salmon Coalition
PASD: Port Angeles School District
PBS: Pedestrian and Bicycle Safety
PSP: Puget Sound Partnership
PSMP: Pedestrian Safety and Mobility Program
PWB: Public Works Board, administers the PWTF Program
PWTF: Public Works Trust Fund
RCO: Recreation and Conservation Office
RCO WWRP – Trails: Recreation Conservation Office Washington Wildlife and Recreation Program – Trails
STBG: Surface Transportation Block Grant Program
SRF: Salmon Recovery Funding
TIB: State of Washington Transportation Improvement Board
TBD To Be Determined
WSDOT: Washington State Department of Transportation
L - 6October 20, 2020