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HomeMy WebLinkAboutCouncil Packet 06/01/2021 iS���ft JUNE 19 2021 City of Port Angeles Council Meeting Agenda This meeting will be conducted 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 5:15 p.m. —Executive Session under authority ofRCW 42.30.110(1)(i), to discuss potential litigation with legal counsel. Call to Order—Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 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 and timely manner.Visit hllps://www.cilyofpa.us/Live-Virtual-Meetings to learn how to participate during public comment and or watch the meeting live.Written public comments 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 made a part of the record.Comments should be received by 2:00 p.m.Tuesday,June 1,2021. For audio only please call 1-844-992-4726 Use access code: 142 078 1814 Once connected press *3 to raise your virtual hand,if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the June 1,2021 meeting only. If you are joining in through the Webex link: https://cityfpa.webex.com/cityfpa/onstage/g.php?MTID=e3be 14366a8043c6641 d7324e8e7eOb4a and wish to make a comment or public testimony,please use the"raise your hand"feature in Webex.You will be notified when it is your turn to speak. 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 June 1,2021 Port Angeles City Council Meeting Page 1 speak,generally in the order in which they have signed in.If time is available,the presiding officer may call for additional unsigned speakers. 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. Expenditure Report:From May 8, 2021 to May 21, 2021 in the amount of$904,728.43/Approve...............................E-1 F. Public Hearings 16:30 p.m. or Soon Thereafter 1. 2022-2027 Capital Facilities Plan(CFP)/Open Public Hearing/Continue Public Hearing to June 15.......................F-1 G. Ordinances Not Requiring Council Public Hearings 1. August Meeting Break/Conduct Second Reading/Adopt Ordinance...........................................................................G-1 H. Resolutions Not Requiring Council Public Hearings L Other Considerations 1. AWC Business Meeting/Appoint 3 Council members...................................................................................................I1 J. Contracts & Purchasing 1. Amendment to Agreement with Madrona Law Group for Phase 3.................................................................................J-1 2. Erickson Playfield Pump Track- Sourcewell Cooperative Agreement ...........................................................................J-15 3. Operation Stonegarden FFY 20 Grant Contract and Acceptance....................................................................................J-49 4. Ranney Well Generator Relocation,Construction Contract,WT-02-20........................................................................J-94 5. Interlocal Procurement Agreement—Clark County,Washington..................................................................................J-96 K. Council Reports L. Information City Manager Reports: Annual Audit Update M. Second Public Comment Follow the first public comment instructions. 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 hearing process. June 1,2021 Port Angeles City Council Meeting Page 2 RTLES A NGE 011�k-" WASHINGTON, U. S. A. v. MEMO June 1, 2021 Finance Department We,the, undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise andl/or services herein specified have been received and that these claims are approved for payment in the amount of Sarina Carlizo,,ia $90r 4,728.43 this 1st day of June, 2021. Finance Director .................. Trina McKee Senior Accountant MarySUe French Mayor City Manager Senior Accountant Linda Khenaty Financial Systems Analyst Melody Schneider Management Accountant Micah Rose Financial Analyst Jane Perkins Payroll Specialist Julic Powell Accounting Technician Jason Jones Accountant Nicole Blank Administrative Analyst Kathyeflen Haney Custorner Sere ices Manager Tracy Rooks Utility Billing Specialist City of Port Angeles City Council Expenditure Report f Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount A/R MISCELLANEOUS REFUNDS FIXED ASSET#10030925 001-0000-213.10-90 1,721.69 MISC DEPOSIT&PERMIT REFUNDS CITY PIER DEPOSIT REFUND 001-0000-239.10-00 200.00 WA STATE PATROL APRIL 2021 FINGERPRINTS 001-0000-229.50-00 198.75 WASHINGTON (DOL), STATE OF APRIL 2021 CPL'S 001-0000-229.60-00 489.00 Division Total: $2,609.44 Department Total: $2,609.44 AWC-ASSN OF WASHINGTON MEMBERSHIPS 001-1210-513.49-01 14,675.00 CITIES City Manager Division Total: $14,675.00 CLALLAM CNTY AUDITOR SUPPLIES 001-1230-514.44-10 29,164.90 City Clerk Division Total: $29,164.90 City Manager Department Total: $43,839.90 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 210.29 Accounting Division Total: $210.29 DATABAR INCORPORATED MISC PROFESSIONAL SERVICE 001-2025-514.41-50 1,974.42 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,265.83 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,324.58 LEXISNEXIS FINANCIAL SERVICES 001-2025-514.41-50 163.20 PAYMENTUS GROUP INC Transaction Fees 001-2025-514.41-50 263.00 Transaction Fees 001-2025-514.41-50 10,178.68 Customer Service Division Total: $17,169.71 QUAD IENT-POSTAGE ACCOUNT OFFICE MACHINES&ACCESS 001-2070-518.42-10 14,000.00 Reprographics Division Total: $14,000.00 Finance Department Total: $31,380.00 LEXISNEXIS MARCH LEGALRESEARCH 001-3030-515.49-01 379.71 APRIL LEGAL RESEARCH 001-3030-515.49-01 379.71 City Attorney Division Total: $759.42 City Attorney Department Total: $759.42 SOUND LAW CENTER, LLC MISC PROFESSIONAL SERVICE 001-4060-558.41-50 490.00 SOUND PUBLISHING INC PUBLICATION/AUDIOVISUAL 001-4060-558.41-50 69.52 PUBLICATION/AUDIOVISUAL 001-4060-558.41-15 63.20 Planning Division Total: $622.72 Community Development Department Total: $622.72 LEXISNEXIS LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 54.40 LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 5,626.52 Page 1 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 1 City of Port Angeles City Council Expenditure Report r, Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount VOIANCE LANGUAGE SERVICES, MISC PROFESSIONAL SERVICE 001-5010-521.42-10 12.50 LLC Police Administration Division Total: $5,693.42 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 12.20 SHIPPING AND HANDLING 001-5021-521.42-10 19.78 MISC TRAVEL ARAND-DEATH INV 2021-6585 001-5021-521.43-10 38.00 DROPP-DEATH INV 2021-6585 001-5021-521.43-10 38.00 THOMSON REUTERS-WEST SECURITY,FIRE,SAFETY SERV 001-5021-521.49-01 391.31 Investigation Division Total: $499.29 CURTIS&SONS INC, L N CLOTHING &APPAREL 001-5022-521.31-11 69.63 GALLS CLOTHING&APPAREL 001-5022-521.31-11 87.03 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 12.20 SHIPPING AND HANDLING 001-5022-521.42-10 11.47 MISC EMPLOYEE EXPENSE REIMBURSEMENT K. MILLER D 001-5022-521.31-11 150.82 REIMBURSEMENT MISC TRAVEL MILLER-WSPCA K9 SEMINAR 001-5022-521.49-80 30.50 OLYMPIC PENINSULA COMMUNITY MISC PROFESSIONAL SERVICE 001-5022-521.41-50 7,000.00 CLINIC QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 76.99 WA STATE CRIMINAL JUSTICE HUMAN SERVICES 001-5022-521.43-10 600.00 Patrol Division Total: $8,038.64 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-5026-521.31-01 19.22 Reserves&Volunteers Division Total: $19.22 Police Department Total: $14,250.57 OLYMPIC STATIONERS INC SUPPLIES 001-7010-532.31-01 5.61 SCHUNZEL, STEVEN THOMAS DATA PROC SERV&SOFTWARE 001-7010-532.41-50 300.00 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 001-7010-532.31-01 139.16 Public Works Admin. Division Total: $444.77 Public Works&Utilities Department Total: $444.77 PORT ANGELES CITY TREASURER wireless mobile mouse-C 001-8010-574.31-01 21.75 Parks Administration Division Total: $21.75 HEPBURN SUPERIOR SUPPLIES 001-8050-536.31-20 112.30 SUPPLIES 001-8050-536.34-01 504.29 QUIRING MONUMENTS INC SUPPLIES 001-8050-536.31-20 165.00 SUPPLIES 001-8050-536.34-01 703.00 SUPPLIES 001-8050-536.34-01 854.00 Page 2 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 2 57' � City of Port Angeles City Council Expenditure Report Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount Ocean View Cemetery Division Total: $2,338.59 ANGELES MILLWORK&LUMBER SUPPLIES 001-8080-576.31-20 14.34 SUPPLIES 001-8080-576.31-20 96.07 SUPPLIES 001-8080-576.31-20 19.78 SUPPLIES 001-8080-576.31-20 69.27 CASTLE BRANCH, INC SUPPLIES 001-8080-576.49-90 1,539.00 CENTRAL WELDING SUPPLY SUPPLIES 001-8080-576.49-90 30.44 CONNEY SAFETY PRODUCTS SUPPLIES 001-8080-576.31-01 216.81 FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 379.71 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8080-576.31-20 340.83 SUPPLIES 001-8080-576.31-20 205.67 NORTHWEST RECYCLING SUPPLIES 001-8080-576.49-90 81.60 PORT OF PORT ANGELES SUPPLIES 001-8080-576.45-30 5,234.43 RAINBOW SWEEPERS, INC SUPPLIES 001-8080-576.31-20 78.34 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-8080-576.31-40 102.70 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 375.36 SUPPLIES 001-8080-576.31-20 180.54 SUPPLIES 001-8080-576.31-20 24.99 SUPPLIES 001-8080-576.31-01 173.97 SUPPLIES 001-8080-576.31-20 15.17 Parks Facilities Division Total: $9,179.02 Parks &Recreation Department Total: $11,539.36 ANGELES MILLWORK&LUMBER SUPPLIES 001-8112-555.31-20 12.93 SUPPLIES 001-8112-555.31-20 10.16 SUPPLIES 001-8112-555.31-20 73.79 SUPPLIES 001-8112-555.31-20 72.59 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8112-555.31-20 175.32 Senior Center Facilities Division Total: $344.79 ANGELES MILLWORK&LUMBER SUPPLIES 001-8131-518.31-20 29.19 SUPPLIES 001-8131-518.31-20 37.04 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8131-518.31-20 92.57 SUPPLIES 001-8131-518.31-20 52.49 NAPA AUTO PARTS SUPPLIES 001-8131-518.31-20 39.78 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 29.83 SUPPLIES 001-8131-518.31-20 37.14 Page 3 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 3 4 . t City of Port Angeles ! City Council Expenditure Report Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 22.17 SUPPLIES 001-8131-518.31-20 29.79 Central Svcs Facilities Division Total: $370.00 ASM SIGNS SUPPLIES 001-8155-575.41-50 103.36 Facility Rentals Division Total: $103.36 Facilities Maintenance Department Total: $818.15 General Fund Fund Total: $106,264.33 LINCOLN PARK BMX ASSOCIATION ROAD/HIGHWAY EQUIPMENT 101-1430-557.41-50 100,000.00 OLYMPIC PENINSULA VISITOR COMMUNICATIONS/MEDIA SERV 101-1430-557.41-50 5,000.00 BUREAU STATEHOOD MEDIA LLC CONSULTING SERVICES 101-1430-557.41-50 2,500.00 Lodging Excise Tax Division Total: $107,500.00 Lodging Excise Tax Department Total: $107,500.00 Lodging Excise Tax Fund Total: $107,500.00 ANGELES MILLWORK&LUMBER SUPPLIES 102-7230-542.31-01 23.66 FASTENAL INDUSTRIAL FIRST AID&SAFETY EQUIP. 102-7230-542.31-01 406.22 FERGUSON ENTERPRISES INC PIPE FITTINGS 102-7230-542.31-20 90.57 GLOBAL INDUSTRIAL EQUIPMENT MACHINERY&HEAVY HRDWARE 102-7230-542.31-20 1,787.80 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 1,472.62 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 256.55 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 294.74 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 387.76 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 147.86 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 19.06 SWAIN'S GENERAL STORE INC FIRST AID&SAFETY EQUIP. 102-7230-542.31-01 455.83 Street Division Total: $5,342.67 Public Works-Street Department Total: $5,342.67 Street Fund Total: $5,342.67 BUSINESS TELECOM PRODUCTS, RADIO&TELECOMMUNICATION 107-5160-528.31-14 874.57 INC RADIO&TELECOMMUNICATION 107-5160-528.31-14 444.92 ESCHAT COMMUNICATIONS/MEDIA SERV 107-5160-528.49-01 725.20 INTRADO LIFE &SAFETY RADIO&TELECOMMUNICATION 107-5160-528.42-11 1,740.80 SOLUTIONS JAMESTOWN NETWORKS DATA PROC SERV&SOFTWARE 107-5160-528.42-12 510.00 PACIFIC OFFICE EQUIPMENT INC BUILDING MAINT&REPAIR SER 107-5160-528.31-01 32.64 Page 4 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 4 City of Port Angeles City Council Expenditure Report r, ll Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount PACIFIC OFFICE EQUIPMENT INC HARDWARE,AND ALLIED ITEMS 107-5160-528.31-01 102.66 EQUIP MAINT& REPAIR SERV 107-5160-528.31-01 38.08 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 107-5160-528.31-01 106.68 VOIANCE LANGUAGE SERVICES, MISC PROFESSIONAL SERVICE 107-5160-528.42-11 12.50 LLC Pencom Division Total: $4,588.05 Pencom Department Total: $4,588.05 Pencom Fund Total: $4,588.05 HEWLETT-PACKARD COMPANY COMPUTER HARDWARE&PERIPHE 310-5950-594.65-10 15,182.82 HOCH CONSTRUCTION INC CONSTRUCTION SERVICES,TRA 310-5950-594.65-10 2,937.60 TYLER TECHNOLOGIES, INC DATA PROC SERV&SOFTWARE 310-5950-594.65-10 12,272.64 DATA PROC SERV&SOFTWARE 310-5950-594.65-10 2,720.00 Homeland Security Division Total: $33,113.06 Public Safety Projects Department Total: $33,113.06 Capital Improvement Fund Total: $33,113.06 WASHINGTON (DOT), STATE OF ENGINEERING SERVICES 312-7930-595.65-10 2,990.48 GF-Street Projects Division Total: $2,990.48 Capital Projects-Pub Wks Department Total: $2,990.48 Transportation Benefit Fund Total: $2,990.48 A/R MISCELLANEOUS REFUNDS DIFF OF ACT VS EST 401-0000-213.10-90 2,272.16 DIFF OF EST VS ACTUAL 401-0000-213.10-90 35.39 REFUND ESTIMATE 401-0000-213.10-90 277.51 ANIXTER, INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 157.65 ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 788.26 ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 5,304.00 ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 630.34 ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 289.41 GENERAL PACIFIC INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 1,218.56 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-0000-237.00-00 (5.92) MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 7.13 FINAL BILL REFUND 401-0000-122.10-99 87.05 FINAL BILL REFUND 401-0000-122.10-99 90.10 FINAL BILL REFUND 401-0000-122.10-99 91.53 FINAL BILL REFUND 401-0000-122.10-99 317.89 FINAL BILL REFUND 401-0000-122.10-99 420.92 Page 5 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 5 ; ., City of Port Angeles City Council Expenditure Report Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS FINAL CREDIT-2321 W 16TH 401-0000-122.10-99 22.17 FINAL BILL REFUND 401-0000-122.10-99 26.12 FINAL BILL REFUND 401-0000-122.10-99 43.04 FINAL BILL REFUND 401-0000-122.10-99 47.72 FINAL BILL REFUND 401-0000-122.10-99 61.96 FINAL BILL REFUND 401-0000-122.10-99 74.28 FINAL BILL REFUND 401-0000-122.10-99 85.27 FINAL BILL REFUND 401-0000-122.10-99 110.47 FINAL BILL REFUND 401-0000-122.10-99 114.51 FINAL BILL REFUND 401-0000-122.10-99 134.67 FINAL BILL REFUND 401-0000-122.10-99 235.90 FINAL BILL REFUND 401-0000-122.10-99 237.14 FINAL BILL REFUND 401-0000-122.10-99 306.24 FINAL BILL REFUND-BLDG A 401-0000-122.10-99 219.40 FINAL BILL REFUND-BLDG B 401-0000-122.10-99 166.67 FINAL CREDIT-1023 2ND#13 401-0000-122.10-99 0.02 FINAL CREDIT-1414 ROOK DR 401-0000-122.10-99 265.54 FINAL CREDIT-CHAMBERS#9 401-0000-122.10-99 43.52 OVERPAYMENT-1125 COLUMBIA 401-0000-122.10-99 58.07 OVERPAYMENT-1823 W 16TH 401-0000-122.10-99 260.80 OVERPAYMENT-506 E 10TH ST 401-0000-122.10-99 753.45 OVERPAYMENT-532 W 4TH ST 401-0000-122.10-99 382.04 OVERPAYMENT-702 S N ST 401-0000-122.10-99 93.90 WESCO DISTRIBUTION INC FASTENERS, FASTENING DEVS 401-0000-141.41-00 775.74 Division Total: $16,500.62 Department Total: $16,500.62 EES CONSULTING INC MISC PROFESSIONAL SERVICE 401-7120-533.49-01 430.77 MARSH MUNDORF PRATT CONSULTING SERVICES 401-7120-533.49-01 553.89 SULLIVAN Power Systems Division Total: $984.66 AMAZON CAPITAL SERVICES CAFETERIA&KIT EQUIP COM 401-7180-533.31-01 67.53 PROSTHETIC,HEARING AID ET 401-7180-533.31-01 49.96 ANGELES MILLWORK&LUMBER ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 8.80 FASTENERS, FASTENING DEVS 401-7180-533.34-02 49.60 ANIXTER, INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 339.46 Page 6 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 6 ; ., City of Port Angeles ! City Council Expenditure Report Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount BUCK'S NORTHWEST ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 3,175.14 LANDSCAPING, LLC CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 43.52 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 1,958.40 FASTENAL INDUSTRIAL AUTO&TRUCK ACCESSORIES 401-7180-533.31-01 231.31 GENERAL PACIFIC INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 766.32 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 17.08 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 73.25 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 198.04 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 81.57 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 411.71 MATT'S TOOLS USA, LLC ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 506.39 NORTHWEST SAFETY SERVICE, SECURITY,FIRE,SAFETY SERV 401-7180-533.41-50 1,123.20 LLC OLYMPIC PARTY&CUSTODIAL JANITORIAL SUPPLIES 401-7180-533.31-01 58.70 SUPPLIES PEN PRINT INC PRINTING,SILK SCR,TYPSET 401-7180-533.41-50 5.71 PLATT ELECTRIC SUPPLY INC FASTENERS, FASTENING DEVS 401-7180-533.34-02 61.51 FIRST AID&SAFETY EQUIP. 401-7180-533.31-01 22.33 ROHLINGER ENTERPRISES INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.31-01 45.70 TESTING&CALIBRATION SERVI 401-7180-533.48-10 162.93 TESTING&CALIBRATION SERVI 401-7180-533.48-10 34.00 TESTING&CALIBRATION SERVI 401-7180-533.48-10 512.18 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 750.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-15 331.76 COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 91.64 SWAIN'S GENERAL STORE INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.31-01 11.23 THURMAN SUPPLY ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 28.16 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 401-7180-533.49-90 27.41 CTR WEST COAST CODE CONSULTING SERVICES 401-7180-533.41-50 337.70 CONSULTANTS ZEE MEDICAL SERVICE CO FIRST AID &SAFETY EQUIP. 401-7180-533.31-01 210.64 Electric Operations Division Total: $11,792.88 Public Works-Electric Department Total: $12,777.54 Electric Utility Fund Total: $29,278.16 GLOBAL INDUSTRIAL EQUIPMENT MACHINERY&HEAVY HRDWARE 402-7380-534.31-20 1,787.80 Page 7 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 7 City of Port Angeles City Council Expenditure Report f Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount HEARTLINE SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 89.22 SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 223.04 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 402-7380-534.31-01 677.05 SPECTRA LABORATORIES-KITSAP MISC PROFESSIONAL SERVICE 402-7380-534.41-50 239.00 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 402-7380-534.31-01 37.53 NURSERY STOCK&SUPPLIES 402-7380-534.31-20 55.23 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 402-7380-534.48-02 1,815.00 THURMAN SUPPLY SUPPLIES 402-7380-534.31-20 32.44 PIPE FITTINGS 402-7380-534.31-20 19.50 UNITED RENTALS NORTHWEST INC ELECTRICAL EQUIP&SUPPLY 402-7380-534.35-01 1,341.87 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 402-7380-534.49-90 27.41 CTR Water Division Total: $6,345.09 Public Works-Water Department Total: $6,345.09 Water Utility Fund Total: $6,345.09 NCL NORTH CENTRAL CHEMICAL LAB EQUIP&SUPP 403-0000-237.00-00 (59.64) LABORATORIES Division Total: ($59.64) Department Total: ($59.64) ANGELES MILLWORK&LUMBER BUILDER'S SUPPLIES 403-7480-535.31-20 18.66 APSCO INC ELECTRICAL EQUIP&SUPPLY 403-7480-535.31-20 588.32 FASTENAL INDUSTRIAL HAND TOOLS ,POW&NON POWER 403-7480-535.35-01 537.36 FERGUSON ENTERPRISES INC PIPE AND TUBING 403-7480-535.31-20 102.92 PIPE FITTINGS 403-7480-535.31-20 53.40 FERRELLGAS INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-12 332.09 GLOBAL INDUSTRIAL EQUIPMENT MACHINERY&HEAVY HRDWARE 403-7480-535.31-20 1,787.80 JOHNSON CONTROLS SECURITY SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 1,078.68 SOLUTIONS KAMAN INDUSTRIAL BEARINGS (EXCEPT WHEEL) 403-7480-535.31-20 979.88 TECHNOLOGIES MISC EMPLOYEE EXPENSE MEAL TICKET REIMBURSEMENT 403-7480-535.31-01 19.00 REIMBURSEMENT MEAL TICKET REIMBURSEMENT 403-7480-535.31-01 19.00 MEAL TICKET 403-7480-535.31-01 38.00 MEAL REIMBURSEMENT 403-7480-535.31-01 38.00 MEAL REIMBURSEMENT 403-7480-535.31-01 38.00 MEAL REIMBURSEMENT 403-7480-535.31-01 38.00 Page 8 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 8 4 . t City of Port Angeles ! City Council Expenditure Report Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount NAPA AUTO PARTS HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 25.56 ELECTRICAL EQUIP&SUPPLY 403-7480-535.31-20 40.69 NCL NORTH CENTRAL CHEMICAL LAB EQUIP&SUPP 403-7480-535.31-01 737.43 LABORATORIES OFFICE DEPOT SUPPLIES 403-7480-535.31-01 55.39 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP&SUPPLY 403-7480-535.31-20 20.47 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 299.62 QUALITY CONTROL SERVICES INC TESTING&CALIBRATION SERVI 403-7480-535.49-90 1,505.00 SWAIN'S GENERAL STORE INC HAND TOOLS,POW&NON POWER 403-7480-535.35-01 18.50 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 82.95 PIPE FITTINGS 403-7480-535.31-20 96.24 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-01 19.82 SUPPLIES 403-7480-535.31-20 182.76 UNITED RENTALS NORTHWEST INC ELECTRICAL EQUIP&SUPPLY 403-7480-535.35-01 1,341.86 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 403-7480-535.49-90 27.41 CTR WA STATE DEPARTMENT OF ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 760.00 ECOLOGY Wastewater Division Total: $10,882.81 Public Works-WW/Stormwtr Department Total: $10,882.81 Wastewater Utility Fund Total: $10,823.17 A/R MISCELLANEOUS REFUNDS OVERPMT OF TRF STN FEES 404-0000-213.10-90 45.74 Division Total: $45.74 Department Total: $45.74 CLALLAM CNTY SOLID WASTE BLDG CONSTRUC. SERVICES- 404-7538-537.49-90 2,718.62 DEPT BLDG CONSTRUC. SERVICES- 404-7538-537.49-90 3,265.16 MISC EMPLOYEE EXPENSE MILEAGE REIMBURSEMENT M. 404-7538-537.31-01 37.52 REIMBURSEMENT MILEAGE REIMBURSEMENT S. 404-7538-537.31-01 81.98 MISC TRAVEL PAYNTER-DELIVER COMP SAMP 404-7538-537.43-10 17.75 SPARKS UPGRADES REFRIGERATION EQUIPMENT 404-7538-537.41-50 1,656.48 PROFESSIONAL SWAIN'S GENERAL STORE INC SUPPLIES 404-7538-537.31-01 52.68 SW-Transfer Station Division Total: $7,830.19 AMAZON CAPITAL SERVICES SUPPLIES 404-7580-537.31-01 89.19 GLOBAL INDUSTRIAL EQUIPMENT MACHINERY&HEAVY HRDWARE 404-7580-537.31-20 1,787.80 MISC EMPLOYEE EXPENSE CDL REIMBURSEMENT-B. DO 404-7580-537.49-90 102.00 REIMBURSEMENT Page 9 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 9 City of Port Angeles City Council Expenditure Report r, ll Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount PACIFIC OFFICE EQUIPMENT INC SUPPLIES 404-7580-537.31-01 47.87 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 404-7580-537.31-01 6.06 Solid Waste-Collections Division Total: $2,032.92 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 8,222.43 CONSULTING SERVICES 404-7585-537.41-50 17,448.22 THURMAN SUPPLY PIPE FITTINGS 404-7585-537.31-20 38.87 Solid Waste-Landfill Division Total: $25,709.52 Public Works-Solid Waste Department Total: $35,572.63 Solid Waste Utility Fund Total: $35,618.37 ANGELES MILLWORK&LUMBER PIPE FITTINGS 406-7412-538.31-20 62.95 CLALLAM CNTY DEPT OF HEALTH LAB EQUIP,BIO,CHEM,ENVIR 406-7412-538.41-50 510.00 FASTENAL INDUSTRIAL FIRST AID &SAFETY EQUIP. 406-7412-538.31-01 51.80 GLOBAL INDUSTRIAL EQUIPMENT MACHINERY&HEAVY HRDWARE 406-7412-538.31-20 1,787.80 PORT ANGELES POWER HARDWARE,AND ALLIED ITEMS 406-7412-538.31-01 126.91 EQUIPMENT SWAIN'S GENERAL STORE INC POISONS:AGRICUL& INDUSTR 406-7412-538.31-01 53.25 UNITED RENTALS NORTHWEST INC ELECTRICAL EQUIP&SUPPLY 406-7412-538.35-01 1,341.87 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 406-7412-538.49-90 27.42 CTR Stormwater Division Total: $3,962.00 Public Works-WW/Stormwtr Department Total: $3,962.00 Stormwater Utility Fund Total: $3,962.00 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 Wastewater Remediation Division Total: $3,159.33 Public Works-WW/Stormwtr Department Total: $3,159.33 Harbor Clean Up Fund Total: $3,159.33 ALL WEATHER HEATING AND CITY REBATE 421-7121-533.49-86 500.06 COOLING GLASS SERVICES CO INC CITY REBATE 421-7121-533.49-86 501.51 Conservation Division Total: $1,001.51 Public Works-Electric Department Total: $1,001.51 Conservation Fund Total: $1,001.51 KENNEDY/JENKS CONSULTANTS CONSULTING SERVICES 453-7488-594.65-10 28,086.22 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 453-7488-594.65-10 109.02 Wastewater Projects Division Total: $28,195.24 Public Works-WW/Stormwtr Department Total: $28,195.24 Page 10 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 10 City of Port Angeles if City Council Expenditure Report f Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount Wastewater Utility CIP Fund Total: $28,195.24 GRAY&OSBORNE, INC. CONSULTING SERVICES 456-7688-594.65-10 4,679.54 Stormwater Util CIP Projs Division Total: $4,679.54 Public Works Department Total: $4,679.54 Stormwtr Util Projects Fund Total: $4,679.54 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 160.97 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 126.01 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 200.08 PENINSULA LUBRICANTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 468.28 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 68.33 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 358.92 TACOMA SCREW PRODUCTS INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 158.14 WESTERN EQUIPMENT DISTRIB AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 197.83 INC LAWN MAINTENANCE EQUIP 501-0000-141.40-00 183.16 Division Total: $1,921.72 Department Total: $1,921.72 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.97 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 60.33 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 31.32 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 45.02 BICKFORD FORD INC. AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2,206.63 EXTERNAL LABOR SERVICES 501-7630-548.34-02 6,718.65 COPY CAT GRAPHICS AUTO&TRUCK ACCESSORIES 501-7630-548.34-02 287.53 DAREN'S POINT S EXTERNAL LABOR SERVICES 501-7630-548.34-02 55.85 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 10.88 EXTERNAL LABOR SERVICES 501-7630-548.34-02 36.88 FREIGHTLINER NORTHWEST AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 826.92 GITT'S SPRING &MANUFACTURING AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 75.19 HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 282.00 J B'S UPHOLSTERY EXTERNAL LABOR SERVICES 501-7630-548.34-02 228.48 JENNINGS EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 156.43 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 16.06 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 78.54 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 13.92 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 95.60 Page 11 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 11 City of Port Angeles City Council Expenditure Report f Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 23.91 O'REILLY AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 106.68 OWEN EQUIPMENT AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 126.33 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 3,213.38 PACIFIC ENVIRONMENTAL SVCS EQUIP. MAINT. AUTO,TRUCK 501-7630-594.64-10 19,504.57 CO PORT ANGELES AUTO GLASS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 342.72 RUDDELL AUTO MALL AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 39.15 TACOMA DODGE CHRYSLER JEEP AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 (137.76) AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 460.19 TRANCO TRANSMISSIONS INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 108.46 EXTERNAL LABOR SERVICES 501-7630-548.34-02 514.08 Equipment Services Division Total: $35,548.91 Public Works Department Total: $35,548.91 Equipment Services Fund Total: $37,470.63 CANON USA, INC OFFICE MACHINES&ACCESS 502-2081-518.45-31 4,243.04 PORT OF PORT ANGELES CONSULTING SERVICES 502-2081-518.41-50 2,805.21 POWERAPPS911 CONSULTING SERVICES 502-2081-518.41-50 2,055.00 VERIZON WIRELESS O4-05 A/C 542276284-00001 502-2081-518.42-10 95.55 04-15 A/C 842160242-00004 502-2081-518.42-10 5,186.35 04-15 A/C 842160242-0001 502-2081-518.42-10 3,108.22 04-15 A/C 842160242-01 502-2081-518.42-10 518.56 Information Technologies Division Total: $18,011.93 SOFTRESOURCES LLC CONSULTING SERVICES 502-2082-594.65-10 2,537.50 IT Capital Projects Division Total: $2,537.50 Finance Department Total: $20,549.43 Information Technology Fund Total: $20,549.43 NW ADMIN TRANSFER ACCT INSURANCE, ALL TYPES 503-1631-517.46-33 87,432.05 INSURANCE, ALL TYPES 503-1631-517.46-34 6,497.00 REDQUOTE, INC. HRA REIMBURSEMENTS 503-1631-517.46-30 2,798.08 HRA REIMBURSEMENTS 503-1631-517.46-30 777.80 Other Insurance Programs Division Total: $97,504.93 DEPT OF LABOR& INDUSTRIES 1ST QTR L&I SELF INSURED 503-1661-517.49-50 1,292.79 WASHINGTON HOSPITAL SVCS APRIL 2021 TPA FEE CONTRA 503-1661-517.41-40 750.00 MAY 2021 TPA FEE CONTRACT 503-1661-517.41-40 750.00 Page 12 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 12 City of Port Angeles if City Council Expenditure Report f Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount Worker's Compensation Division Total: $2,792.79 Self Insurance Department Total: $100,297.72 Self-Insurance Fund Total: $100,297.72 AFLAC AFLAC SUPP INSURANCE MARC 920-0000-231.53-10 1,043.18 AFLAC SUPP INSURANCE APRI 920-0000-231.53-10 1,043.18 AFLAC SUPP INSURANCE MAY 920-0000-231.53-10 1,043.18 AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 530.00 BROWN & BROWN OF PAYROLL SUMMARY 920-0000-231.53-40 1,838.70 WASH INGTON CHAPTER 13 TRUSTEE PAYROLL SUMMARY 920-0000-231.56-90 358.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 23,193.13 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 39.36 PAYROLL SUMMARY 920-0000-231.50-10 71.17 PAYROLL SUMMARY 920-0000-231.50-10 200.00 PAYROLL SUMMARY 920-0000-231.50-10 67,024.09 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 108.48 PAYROLL SUMMARY 920-0000-231.50-20 134.36 PAYROLL SUMMARY 920-0000-231.50-20 84,314.62 FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 2,650.80 HSA BANK PAYROLL SUMMARY 920-0000-231.52-40 7,203.54 PAYROLL SUMMARY 920-0000-231.53-11 192.31 PAYROLL SUMMARY 920-0000-231.53-12 388.85 IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 1,506.94 ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 20,907.12 JOHN HANCOCK LIFE INSURANCE PAYROLL SUMMARY 920-0000-231.52-25 2,466.54 CO LEOFF PAYROLL SUMMARY 920-0000-231.51-21 31,805.58 OFFICE OF SUPPORT PAYROLL SUMMARY 920-0000-231.56-20 376.14 ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 (376.14) PAYROLL SUMMARY 920-0000-231.56-20 376.14 PERS PAYROLL SUMMARY 920-0000-231.51-10 10,824.86 PAYROLL SUMMARY 920-0000-231.51-11 16,336.38 PAYROLL SUMMARY 920-0000-231.51-12 87,337.14 POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 377.00 UNITED WAY(PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 235.00 Page 13 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 13 ; ., City of Port Angeles ! City Council Expenditure Report Between May 8, 2021 and May 21, 2021 Vendor Description Account Number Amount Division Total: $363,549.65 Department Total: $363,549.65 Payroll Clearing Fund Total: $363,549.65 Total for Checks Dated Between May 8,2021 and May 21,2021 $904,728.43 Page 14 of 14 May 24, 2021 11:12:21 AM June 1, 2021 E - 14 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , U.S, MEMO Date: June 1,2021 To: City Council From: Nathan West, City Manager Sarina Carrizosa,Finance Director Subject: The 2022-2027 Capital Facility Plan and Transportation Plan Summary: The Capital Facilities Plan and Transportation Improvement Plan (CFP/TIP)allows the City to proactively make long-term plans for asset management,maximize our limited resources and leverage outside funding sources. Changes to projects approved for the 2021 Budget year will become the amended capital portion of the current budget and projects approved for 2022 will be built into the 2022 Capital budget. Additionally,the CFP/TIP is a required component of the City's Comprehensive Plan. Funding: Each project sheet in the CFP document describes the proposed funding for each individual project. Funding sources include governmental transfers,utility reserves (both capital and operating), utility rates,grants,and contributions. If funding has not been identified the project is marked unfunded, but still remains in the CFP. No additional debt is proposed for the 2022-2027 CFP planning cycle. Recommendation: Staff requests that Council: 1) Open the first public hearing on the 2022-2027 Capital Facilities Plan and Transportation Improvement Plan. 2) Continue Public Hearing to June 15t'meeting. 3) Conduct the first reading of the 2022 -2027 Capital Facilities Plan and Transportation Improvement Plan resolution. Background / Analysis: The Washington State Growth Management Act requires that the City review and update the Capital Facilities Plan(CFP)and Transportation Improvement Plan (TIP) annually. The CFP is a six-year planning document that is updated annually based on needs and policies identified in the City of Port Angeles Comprehensive Plan, Council Strategic Plan and City Work Plan. It represents Port Angeles' current list of needed projects and programs for the next six years. The document also identifies secured or reasonably expected revenues and expenditures for each of the projects included in the CFP. Projects without identified funding are also listed in the CFP/TIP to allow for additional funding options to be explored. Projects are grouped into the following project types: ■ Governmental ■ General Government ■ Public Safety ■ Parks and Recreation ■ Utilities: ■ Medic I ■ Electric ■ Water ■ Wastewater June 1, 2021 F - 1 ■ Solid Waste ■ Stormwater ■ Combined Sewer Overflow(CSO) ■ Information Technologies ■ Equipment Services ■ Transportation Improvement Plan ■ Transportation ■ Transportation Benefit District The 2022-2027 Capital Facilities Plan and Transportation Improvement Plan (CFP) allows citizens, advisory boards and City Council to critically review and identify priority projects as well as items that require long-term planning.This comprehensive approach allows consideration and approval of capital improvements and replacements for a longer range than an annual review and coordinates the decision making process to include all available information and resources. Projects in the CFP have been vetted by City staff and management, and the Utility Advisory Committee has forwarded a favorable recommendation on the utility projects. In addition,on May 25t1i, Council held a work session to discuss the CFP/TIP. In all instances Council's directives have been considered and implemented,which include: 1) Replacement of critical infrastructure based on priorities and focus on preventable maintenance to increase asset life. 2) Leveraging projects by planning multiple projects in one area at the same time to save on construction costs. 3) Maximizing the use of funds available to limit the impact on customer rates from capital investment. 4) No new debt is required to complete projects or is planned for future projects. 5) Building capital reserves to a cash to depreciation ratio of 1:1. ■ As proposed in the Transportation capital fund the cash to depreciation level currently falls below requirements. Transportation projects have more funding options available,such as,grants and the transportation benefit district tax,and as a result these options are explored prior to over burdening the General Fund or competing for limited tax dollars. The result of which means building the fund balance will be much more gradual. Additionally,to maximize these funding sources as well as apply funding appropriately these revenue sources have been applied directly to the projects rather than building the fund balance. ■ All other funds are at or above the 1:1 threshold when looking at this 6-year plan. The transfer from operating funds to the capital funds in each utility at last years CFP levels was maintained and in Water&Wastewater,the transfer rates for 2027 have decreased. A list of all active,prioritized and unfunded projects is attached to this memo. Additionally,during the CFP/TIP worksession Council reached a consensus to include a project for the planning of the upland Olympic Discovery Trail. This addition has also been included on the project listing attached as an unfunded project,PK0121,in the Parks and Recreation section of the General Governmental area. The complete Preliminary CFP/TIP document can be reviewed in detail on the City's website at htlps://www.cilyofpa.us/774/Cgpital-Facilities-Plan. Finally,the CFP/TIP is a living document and is subject to change due to shifting priorities,funding sources emergencies and other factors. As amendments are presented to Council by staff an analysis will June 1, 2021 F - 2 be performed to ensure rates are not impacted negatively and funding is available. The CFP/TIP is required to be filed with the State of Washington by June 30th this year in order to be eligible for certain grant opportunities for transportation projects. Funding Overview: Each project sheet in the CFP document describes the proposed funding for each individual project. Funding sources include governmental transfers,utility reserves (both capital and operating),utility rates, grants, and contributions. If funding has not been identified the project is marked unfunded,but still remains in the CFP. No additional debt is proposed for the 2022-2027 CFP planning cycle. Attached: CFP/TIP project listing Resolution approving the 2022 -2027 CFP/TIP June 1, 2021 F - 3 2022-2027 Capital Facilities Plan and Transportation Improvement Plan Exhibit City of Port Angeles 77 CAPITAL FACILITIES PLAN GENERAL GOVERNMENT CAPITAL PROJECTS PRIORITY PROJECT CONDITION PROJECT PRIORYEARS BUDGETM2T 20- 2023 M. 2025 202fi 2027 UNFUNDED Number Tithe STATUS TOTAL A GG0303 NICE Progam R Revolving Excellent 787,100 262,100 75,000 75,000 71,010 11,000 11,000 11,000 71,000 - GG1113 4'acility Security Projects A Active 4'air 256,000 49,900 134,400 71,700 - - - - - - GGU416 City hall Fire Detection System 3 Planning Fair 7"000 - 75,000 - - - - - - - GG0516 Senior Center Fire Detection Syrtem 4 Design Fair 50,000 - 50,000 - - - - - - - GG0119 Ennis Creek Fish Barrier Removal 6 Pre-planning P... 1,200,040 - - 1,9,700 - - - - - 1,000,340 GGU916 Valle Creek Rertoration Phase 111 GF Unfunded Paar 2,110,900 2'110,900 PUBLIC d., FD0415 Fire Department"fur.-Out Gear R Revolving Good 160,300 160,300 - - - - - - - FDO615 Fire Hoses R Revolving Good 47,400 7,400 10,000 5,000 5,000 5,000 5,000 5,000 5,000 FD0218 Self Contained Breathing Apparatus R Revolving Goad 250,000 - - - - - - 250,U00 - - CAPPC Pencom Capital R Revolving Goad 710,400 251,500 158,900 SO,000 SO,O00 50,000 50,000 SO,U00 SO,UUU PD0307 Police Regional Training&Gun Range Facility R Revolving Poor 232,000 39,400 32,000 32,000 32,000 32,000 32,000 16,300 16,3UU - PDO116 Mobile Data Terminal Replacements R Revolving Goad 230,400 110:100 24,300 16,0000 16,U00 16,U00 16,000 16,000 16,000 PD0120 Police Ta-Replacements A Active Fair 130'00 13,100 27,200 13,100 27,2OO 13,OOO 37,OOO - - P10 119 Computer Aided Dispatch/LERecords Mg.t Syrtem A Active Good 301,400 261,400 40,111 - - - - - - - 1'D0315 Fire Stab Garage DOO.Replacement 1 Planning Ga0d SO,"0 - SU,000 - - - - - - - FD0318 Emergenry Ma nag...nt Pods 2 Pla.ning -d 150,000 - 100,000 - 50,000 - - - - - PDO121 EOC/911 Dispatch(Pi,.-center) 5 Pre-Planning Poor 4,000,000 - - 4,000,000 - - - - - - FD0121 Wert Side Fire Station OF Unfunded Poor 3,000,000 - - - - - - - - 3,000,000 F'DO120 Fire Static.Front Driveway Repair GF Unfunded Paar 30,000 - - - - - - - - 30,000 GGU616 Fire Hall JIVAC GF Unfunded Pa0r 45,000 - - - - - - - - 45,000 FD0216 Fire Training Facility GF Unfunded P... 80,000 - - - - - - - - 80,000 FD0316 Senior Center HOC Gi,.eramr(Seconda,City HOC) GF Unfunded P... 150,000 - - - - - - - - 150,000 FDO416 Radio Transmit[.,Gi,-amr I&1Oth Streets GF Unfunded P... 15,000 15'000 PARKS AND RECREATION PK0216 Fa.hi lm pr-.veme.t Rev-.lying Fund R Revolving Good 121,500 16,SG0 """ 15,000 15,000 15,000 15,000 15,000 15,000 - PK0205 Rertroom Replacement Program R Revolving Poor 1,350"0 - 450,000 150,000 150,000 150,000 150,000 150,000 150,000 - MIFFS Civic Field Upgrades R Revolving Poor IF2'.0 112,50. - - - - - - - - PK0318 Wa-f...I Trail Rip-Rap Repair R Revolving Poor 593000 93,800 109,200 100'000 100,000 100,000 30'G0 30,000 30,000 - PK0819 City Pier RaiU.g Replacement A Active Poor 565:000 2,800 362,200 100,000 - - - - - - PK0120 24Hour Rertroom Pilot Project A Active Fair 200,000 - 200,000 - - - - - - - PK0220 Sy.th,,-Field Turf at V.I..F,-Field A Active Good 1,200,000 - - 500,000 - 700,000 - - - - PK0219 Generation 11 Dream Playground A Active Poor 475,000 128,100 346,900 - - - - - - - PK0719 Parks Maintenance Building A Active Poor 706,SO 174,400 250,000 282,100 - - - - - - PK0919 Fine Arcs Center Capitallmprovements A Active Good 83,700 43,500 40,200 - - - - - - - PKO119 Erickson Playfeld Pump Track A Active Good 650,000 - 650,00U - - - - - - - PK0519 City Pier Erosion Stabilization&Sidewalk Repair A Active Paar 290,000 - 290,000 - - - - - - - PK0316 Locomotive p4 Refurbishment OF Unfunded Naar 250,000 - - - - - - - - 250,000 PK0319 City Pier Inspection Repairs OF Unfunded Fair 900,000 - - - - - - - - "0'00 PK0320 HVACUpgrad-City Hall&Sr Center OF Unfunded Fair 1,711111 - - - - - - - - 1,710,000 PK0406 Shane&Elks Field Lighting OF Unfunded Poor 1,000,000 - - - - - - - - 1,000,000 PK0420 Ediz Hook Boat Launch Repairs OF Unfunded Poor 275,000 - - - - - - - - 275,000 PK0802 Neighborhood Park 0-1.pment OF Unfunded Poor 250,000 - - - - - - - - 250,000 PK0121 U land OCT Plan OF Unfunded Poor Unknown TOTALS 1 24,833,7401 1,726,8001 3,490,3001 5,709,6001 520,2001 1,156,1RI01 410,0001 607,300 357,300 10,856,240 CAPITAL FACILITIES PLAN MEDIC I PROJECTS PRIORITY PROJECT CONDITION PROJECT PRIOR MRS BUDGET 2021 2022 1 2023 M. 1 2025 1 2026 1 2027 UNFUNDED Number Title STATUS TOTAL CA ld,,L lRevolving R Revolving Gaad 353;)UO 170,700 - - - - - 113,200 - - FDO118 DefibrillamrRevclvin Acceunt R Revolvi. Good 221,000 66,000 36,000 37,000 40,000 40,000 TOTALS 574,900 238,700 36,000 37,000 40'.001 223,200 CAPITAL FACILITIES PLAN ELECTRIC PROJECTS PRIORITY PROJECT CONDITION PROJECT PRIOR YEARS BUDGET 2021 2022 2023 2024 MS T 2D26 2D27 UNFUNDED Number Tithe STATUS TOTAL CLCAP Maintenance Capital Contribution R Revolving flair 1,102,000 52,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 - CL0414 Cons[ruc[New Light Ops Building A Active flair 6,399,MO 429,100 5,970,800 - - - - - - - 1L0916 Replace Laurel Street Substation Switchgear A Active Excellent 500,000 - 500"'0 - - - - - - - 110220 Laurel Street LTC Load Tap Changer Replacement A Active Poor 211,000 - 200,000 - - - - - - - CL0 716 F Street Subrtation Switchgear A Active Poor 500,000 - 500,000 - - - - - - - C10320 IStreet LTC Load Tap Changer Replacement A Active Fair 200,000 - 200,000 - - - - - - - CLU119 Overhead Recond.--g-2020 A Active Poor 21"00 8,100 241,90U - - - - - - - CLO419 Underground Cable Repl.cement-2021 A Active fair 210,000 - 250,000 - - - - - - - CLO620 Electric Vehicle Charging Station A Active Fair 4"110 - 48,000 - - - - - - - C10217 IStreet Subrtation Switchgear Replacement 1 Planning Poor 500,000 - - S00,G 00 - - - - - - CLU420 College Street LTC Load Tap Changer Replacement 2 Planning Fair 211,011 - - 200,000 - - - - - - CLO919 "A"Street Subrtation Switchgear Replacement 3 Plan.i.g Fair 500,000 - - Soo.000 - - - - - - C10519 Underground Cable Replacement-2022 4 Planning fair 250,000 - - 2SO,000 - - - - - - C10216 City/PUDService Area Capital Needs 5 Pre-Planning Goad 400,000 - - 200,000 200,000 - - - - - CL0 117 Washington Street Subrtatio.Swiahgear 6 Pre-Pla..i.g Fair 50"" - - - SOO " - - - - - C10819 Overhead Reco nductoring-2023 7 Pre-Planning Fair 250,000 - - - 250,U00 - - - - - CL0 619 Underground Cable Replacement-2123 8 Pre-Planning fair 250,000 - - - 250,000 - - - - - C10719 Underground Cable Re placement-2024 9 Pre-Pla..ing Fair 250,000 - - - - 25U,OOO - - - - CL10 19 Underground Cable R'placement-2025 10 Pre-Planning Fair 250,000 - - - - - 250,000 - - - CL0221 Underground Cable Replacement-2026 11 Pre-Planning Fair 250,000 - - - - - - 250,000 - - CL0120 F Stree['fransformer Replacement 12 Prr1lanning Fair 1,200,000 - - - - - - 1,200,000 - - CL0121 Overhead R....ductoring-2027 13 Pre-Planning Fair 25U,000 - - - - - - - 250,000 - CL0321 Underground Cable Replacement-2027 14 Pre-Planning Fair 210,0"0 - - - - - - - 250,000 - CLO202 Feeder'fie-y 101,Porter to G.1f Course Road GF PrrPlanning Excellent 350,00, - - - - - - - - 350,000 CL0816 College Street Subrtation Switchgear GF Unfunded Fair SOO,000 - - - - - - - - 500,000 CLOS20 Subrtation Seismic Bracin GF Unfunded Fair MO00011 500,000 TOTALS 16,099,900 489,200 8,060,700 1,800,000 1,350,000 400,000 400,000 1,600,000 650,000 1,350,000 June 1, 2021 F - 4 2022-2027 Capital Facilities Plan and Transportation Improvement Plan Exhibit City of Port Angeles CAPITAL FACILITIES PLAN WATER PROJECTS PRIORITY PROJECT CONDITION PROJECT PRIOR YEARS BUDGET 2021 2022 2023 M. MS 202fi 2027 UNFUNDED Number Title STATUS TOTAL R CAPWr Geneal Water Equipment R Revolving Good 466,300 116,300 50,000 50,000 50,000 50,000 50,000 50,000 50,000 - W'rU220 Ranney Well Gene'am'Relocate A Active Poor 175,000 - 175,000 - - - - - - - WT0419 Decant F-hIyat Trsfr Sta-Water Soils Uerant Bays A Active Fair 800,000 6,500 28,500 765,000 - - - - - - WT0218 Reservoir lnrtrumentation Repairs 1 Planning Poor 246,100 2,100 44,000 200,000 - - - - - - WT0619 Peabody Reservoir Inlet Pipe Replacement 2 Planning Fair 340,000 - 40,000 300,000 - - - - - - WT0321 F_Hty Assess -(NEW) 3 Planning Fair 8,000 - 8,000 - - - - - - - WTU221 Race Street Water Main Replacement South(N EW) 4 Planning Fair 637,000 - 637,000 - - - - - - - WTO121 White Creek&3rd St Crossing Main(NEW) 5 Planning Poor 400,000 - - 400,000 - - - - - - WT0421 Race Street Water Main Replacement North(N EW) 6 Planning Fair 125,000 - 125,OOO - - - - - - - W'r0519 Water Treatment Plant Repairs 7 Planning 4'air 180,000 - 60,000 120,000 - - - - - - WT0319 Ground Water Resiliency Program 8 Planning Fair 1,275,000 - - 200,000 275,000 600,000 200,000 - - - WT0420 Ennis Creek Water Main Rel.- 9 Pre-Planning Goad 200,000 - - 20U,UUU - - - - - WT011l Liberty Street Water Main IIIDesign Good 485,700 1S,)00 - - - 470,000 - - - WT0512 Eart4th Street Water Main 11 Planning Goad 472,0"1 - - - - 472,000 - - - - WT0212 Eart6th Street Water Main 12 Planning Goad 340,DOO - - - - - 340,U00 - - - WT0612 3rd&Vine Street Main 13 Planning Fair 360,010 - - - 360,000 - - - - WT0219 Peabody Veights Floating Cover Replacement 14 Planning Fair 400,000 - - - - 200,000 200,000 - - - WT0412 Wert 4th Street Water Main 15 Planning Goad 1,500,000 - - - - - - 1,SUO,U00 - - WT0320 Morse Creek Transmission Main Eval/Design OF Unfunded Poor 410,010 - - - - - - - - 411,000 WT0120 Water Syrtem SCADAUpgrade(W/Service TSl) OF Unfunded Poor 650,000 - - - - - - - - 6'0,000 WT0717 Race/Caroline Street Fire Flow OF Unfunded Good 670,000 - - - - - - - - 670,000 WT0112 10d,Street Water Main OF Unfunded Fair 905,000 - - - - - - - - 905,000 WT0116 Marine Drive Main Replacement Phase ll OF UnFunded Poor 1,500,"' - - - - - - - - 1,500,000 WT0117 M ill Creek Reservoir Expansion OF UnFunded Poor 3,400,00. - - - - - - - - 3,400,000 WT0ll9 M 11-0l Pressure 1,-- OF UnFunded Poor 700,000 - - - - - - - - 700,000 WT0214 Transmission Main East of Golf Course Road OF UnFunded Poor 2,275,000 - - - - - - - - 2,275,000 W'[0217 Airport/Edgewood Drive Water Main Extension OF UnFunded Poor 5,000,000 - - - - - - - - S,000,000 w_4 To__,Truck Route Commercial Fire Flow(LID) OF UnFunded Poor 289,000 - - - - - - - - 21P000O W'rU317 Scribner Booster Station Upgrade OF UnFunded Poor 1,500,000 - - - - - - - - "'SOO'OR WT0318 Viewc'est/Laurel lntertie/PRV OF UnFunded Poor 2"'" - - - - - - - - 200,000 WT0417 1A/Laurel Street Fire Flow OF UnFunded Poor 384,000 - - - - - - - - 384,000 WT0418 10th/llth Alley Water Main Replacement OF UnFunded Poor 150,000 - - - - - - - - 150,000 W'rU517 6th/Laurel and Sth Street Fire Flow OF UnFunded Poor 641,000 - - - - - - - - 641,011 W'r0617 Porter Street Zane PRV Improvements OF UnFunded Poor 300,000 - - - - - - - - 3DD,000 w PoW7 St Andrews Place Fire Flow Loop OF UnFunded Poor 530,000 - - - - - - - - 530,000 WT0917 Eart Fi'rt Street Fire Flow OF UnFunded Poor 92,000 - - - - - - - - 92,000 WT1017 18th Street Fire Flow OF UnFunded Poor 4.0,SOO - - - - - - - - 480,500 W'r1117 Lauridsen Blvd Tumwater Fire Flow OF LJnFunded Paar 560,000 560,000 TOTALS 1 1 29,036,6001 140,6001 1,167,5001 2,235,0001 685,0001 1,792,0001 790,0001 1,550,000 50,000 20,626,500 CAPITAL FACILITIES PLAN WASTEWATER PROJECTS PRIORITY PROJECT CONDITION PROJECT FLOOR YEARS BUDGET 2021 2022 2023 2024 2025 2026 2027 UNFUNDED Number Title STATUS TOTAL A EWAIEK CAPWW General Wastewater Equipment R Revolving Excellent 709,410 211'900 120,500 50,000 50,000 50,000 50,000 50,000 50,000 - W W0308 Pump Station p3 Replacement A Active Fair 1,479'600 982,100 497,500 - - - - - - - WW0319 Wartewater Comprehensive Plan A Active Poor 300,000 - 300'" - - - - - - - WWO6182019NeighborhoodSewe'Rehab A Active Poor 300,000 13,500 286,SOO - - - - - - - WW07182020NeighborhoodSewe'Rehabilitation A Active Poor 300,010 - 300,OOO - - - - - - - WWO8182021Neighbo'hoodSewe'Rehabilitation A Active Poor 300,000 - 300,000 - - - - - - - WW0519UecantF'acilityatTrsfrSta-Wastewater Soils Decant Bays A Active Fair 600,000 6,500 28,500 ti5,000 - - - - - - WW0220 Wert 4th Street Capacitylmprovement 1 Planning Good ""0. - 75,000 425,000 - - - - - - WWO120Pump Station 3 Force Main Re placement 2 Planning Good 2,250,000 - - 250,000 2,0OO,U00 - - - - - W W0420 W W'rP Potable Water Ai'-Gap 3 Planning Fair 150,000 - 50,000 100,000 - - - - - - WWO320WWfPSeptic'rruckPadRepair 4 Planning Poor Moon - - 20,000 100,000 - - - - - WW0121 Facility Assessment 5 Planning Fair 8,000 - 8,000 - - - - - - - W W0520 Sanitary Farce Main Rel.-(Lees Creek) 6 P,rPlanning 4'air 2.0,000 - - 200,000 - - - - - - WW05O8Digester Mixinglmp'ovement WWTP 7 Planning Excellent 600,000 - - 50,000 150,000 400,000 - - - - WW0516 WWTP Ba filer Replacement 8 Planning Fai' 115,000 - - - 45,000 70,000 - - - - WW0419 WWTP UVAC Replacement 9 Planning Poor 200,000 - - - 25,000 175,000 - - - - WW0715 Oak Street Sewer Separation 10 Planning Fair 27""1 - - - - - 25,000 250,UUU - - WW0815 Laurel Street Sewer Separation 11 Planning Fair 275,000 - - - - - 21,000 250,UUU - - WW09182025NeighborhoodSewerRehabilitation 12 Planning Poo' 300,000 - - - - - 300,000 - - - WW10182026Neighborhood Sewe'Rehabilitation 13 Planning Poor 300,000 - - - - - - 300,000 - - WW11182027Neighbo'hood Sewe'Rehabilitation 14 Planning Poo' 300,000 - - - - - - - 300,000 - WW0415 Pump Station..Rehabilitation OF Unfunded Poo' - - - - - - - - - Unknown WW0915 Pump Station#6 Improvements OF Unfunded Poo' - - - - - - - jU.k LSo'000 ownWWO110 AerationBowe Replacement OF Unfunded Poor 550,000 - - - - - - ,000WW0217 Ennis Creek Force MainRemoval OF Unfunded Poo' 225,000 - - - - - - ,000WW0608 Wane Activated SludgeThickening WWTP OF Unfunded Poo' 1,500,000 - - - - - - ,000WW11151A 2ndSheetsAlleySewe'Separation OF UnfnddPoor120,000 - - - - - - 0,000WW1215 ShaneParkSewe'Sepa'ation OF Unfunded Poo' 2800,000WW1315 Pine Rill Sewer Separation OF Unfunded Poo' 275,000 - - - - - - 5,000WW0119 Bi-hd Pyrolysis OF Unfunded Poo' 4,000,00. - - - - - - 0,000WWO518 Francis Street Sewer Trertle Repair OF Ufundd50,000 - - - - - - 0,000WW0221 Pum StationOF Unfunded Poor TOTALS 16,582,000 1,291,000 1,966,000 1,660,000 2,370,000 695,000 400,000 ,000 CAPITAL FACILITIES PLAN LSO PROJECTS PRIORITY PROJECT CONDITION PROJECT PRIOR YEARS BUDGET 2021 2022 2023 2024 2025 2026 2027 UNFUNDED Number Title STATUS TOTAL WW0117 Francis Street Pigging By pass 1 Pre-planning Good 190,Odd - 190,000 - - - - - - - WW0316CS06and7Remnrtra¢ion 2 Pre-lannin. Good 208,400 43,400 15,000 150,000 TOTALS 398,400 43,400 1qU'UUUJ 15,000 150,000 June 1, 2021 F - 5 2022-2027 Capital Facilities Plan and Transportation Improvement Plan Exhibit City of Port Angeles CAPITAL FACILITIES PLAN SOLID WASTE PROJECTS PROJECT PROJECT Number Title PRIORITY STATUS CONDITION TOTAL PRIORYEARS BUDGET 2021 2022 2023 M. MSM. 2027 UNFUNDED SW0112 Decant Facility 1111nsfer S[aton A Active Fair 966,900 31,600 154,500 780,8U0 - - - - - - .11 -,ffil10p--gSoftware A Active Paar 200,00o - 200,000 - - - - - - - SW0120 Landfill Pump Staton 17 Repair 1 Planning Fair 250,000 - 75,000 175,000 - - - - - - SW0121 Landfill Access Road Repair 2 Planning Poor 515,000 - 60,000 455,000 - - - - - - SW0221 Facility Assessment 3 Planning Fair O,000 - B4O00 - - - - - - - SW0321 Landfill Access Road Repair-1i,,2 OF Unfunded Poor - - - - - - - - - Unknown SW0218 Landfill Security F'encin� uF unfunded Naar 200,000 200,000 TOTALS 2j39,9001 31,600 497,5001 1,410,800 200,000 CAPITAL FACILITIES PLAN STORMWATER PROJECTS PROJECT PROJECT Number Title PRIORITY STATUS CONDITION TOTAL PRIOR YEARS BUDGET 2021 2022 2023 2024 2025 2026 2027 UNFUNDED DR0213 N Street Stormw,ter 0utfall A Design Paar 645,500 Lsoo 80,000 - 561,000 - - - - - DR0120 Derain 4'aulity at Trsfr Sta-Smrmwater Soils Derain Bays A Design Fair 1,000,000 6,500 28,500 565,000 - - - - - - DR0119 NStreet Uutfalllmprovement A Planning Naar 362,500 - 362,S00 - - - - - - - CRU804 Lincoln Park/Big Boy Pond Study 1 Planning Fair 112,200 - 112,200 - - - - - - - DR0121 Facility Assessment 2 Punning Fair a'"I - B4O00 - - - - - - - LC0404 Stormwaterat Canyon Edge&Ahlv,r, 3 Planning Fair 3,631,200 - - - 265,200 1,326,000 - - - 2,040,000 DR0115 Liberty Street Stormwaterlmprovemen[ 4 Planning Fair 2,170,400 - - - - - - 224,400 1,122,000 1,-,000 DR0117 Peabody Sheet Water Quality Project 5 Planning Fair 661,011 - - - - 22,000 643,000 - - - DRU219 Outfalltn Creeklmprovement Program 6 Planning Fair 15.'M - - - - - - 42,000 108,000 - DR0215 Francis Str-Outfall Repair 7 planning Fair 67,000 - - - - - - 26,000 41,000 - DR0304 Starmwaterat Laurel Street&US 101 OF planning Fair 674,000 - - - - - - - - 674,O10 DR0112 Valley Creek culvert&Uutfall OF un Funded Paar 929,000 919,000 TOTALS 30,814,800 11,000 591,200 965,000 826,200 1,348,000 .3,000 292,400 1,271,000 1.67,000 CAPITAL FACILITIES PLAN DEPARTMENT TOTAL lO Year BUDGET2021 2022 1 2023 1 2024 2025 2026 2027 PRO ELT E UIPMENTSERVICES Finance 127,300 127,300 - 35,900 - 41,500 - - - Community Development 89,100 8",o0 - - - - - - 44,100 Polfre 1,918,200 1,918,200 345,SDO 157,500 160,600 163,800 167,100 170,400 170,400 Fire&Medic i 7,128,200 7,128,200 4],200 42,700 830,000 192,500 - - - Parks&Recreation 1,905,100 1,905,100 102,10U 29,300 60,600 41,500 105,400 169,300 303,200 Engineering 127,800 127,800 - - - 83,200 44,600 - - LightOperations 2,804,200 2,804,200 323,600 31,500 131,800 54,700 116,900 28,400 75,400 Water 1,746,200 1,746,200 269,SOU - 134'1 U0 41,600 - 251,400 408,300 Wastewater 1,635,300 1,635,300 - 6"111) 40,700 - 42,400 12,600 44,100 Solid Waste 2,499,800 2,489,800 408,30U 411,400 - 379,500 23,300 701,SU0 - Stormwater 857,500 857,500 - 236,300 - - 245,700 73,900 301,600 Conservation 45,500 45,500 - - - - - 45,500 - EquipmentServices 1,056,900 1,056,900 64,700 271,500 - 85,200 473,900 - - InformationTechnology 43,500 43,500 - - - - - - - streets 2,723,800 2,723,800 1,042,400 35,800 26,800 268,100 172,700 177,300 108,200 TOTALS 1 24,698,400 2,469,8,101 2,603,3001 1,334,200 1,3",6001 1,351,6001 1,392,0001 1,630,300 1,455,300 CAPITAL FACILITIES PLAN PRIORITY PROJECT CONDITION PROJECT PRIORYEARS BUDLET2021 2022 1 2023 1 M. 1 2025 1 2026 2027 UNFUNDED STATUS TOTAL Ir0714 Data Barkup Sy-,Replacement R Revolving Paar 420,000 - 211,100 - - - - - 210,000 - Ir0514 Oat,St-ge Array Sy-, R Revolving 1- 165,000 1"- - 150,000 - - - - - - It'0319 Network Re fresh R Revolving Poor 280,000 - - - - 2Co,000 - - - - II'0918 Internal Network Segmentaton&VLAN Configuration A A-, Poor 221,000 211,100 9,90U - - - - - - - II'0816 Facility and Class Management Scheduling A Active Poor 10,000 - 10,000 - - - - - - - gITU214 Records Management System A Active Poor 104,100 14,100 30,000 - 30,000 - 3U,000 - - - 416 Cemetery Software A Active Poor 30,000 - 30,101 - - - - - - - IT0119 Wireless Bridge A Active Poor 60,000 24,000 36,000 - - - - - - - ITO716 ERP Road Map&Replacement 1 Planning Poor 2,2211,000 - 1,756,000 525,000 - - - - - - ITU219 City Uall Wireless Network 2 Planning Poor 21,000 - 21,000 - - - - - - - IT1018 UPS Replacement-Disaster Recovery Data Center 3 Planning Poor 60,000 - 60,000 - - - - - - - ITU617 Executime Scheduling Module 4 Planning Poor 30,000 - 30,000 - - - - - - - IT0618 Virtual Server Replacements 5 Planning Poor 450,000 - 150,000 - 15U,000 - 15U,000 - - - ITU320 ESRI Migration I.Arc Pro 6 Planning Poor 100,00, - - lUU,000 - - - - - - ITU120 Development Services Permitting Software OF Pre-planning Poor 100,00o - - - - - - - - lUU,000 IT0216 Business License Syrtem OF Unfunded Poor 125,000 - - - - - - - - 125,000 IT0220 Un Uff Boardin Software OF Unfunded Poor 25,000 15,000 TOTALS 1 4,482,1001 264,2001 2,342,900 775,000 1BOp00 260p00 160p00 210,000 250,000 June 1, 2021 F - 6 2022-2027 Capital Facilities Plan and Transportation Improvement Plan Exhibit City of Port Angeles CAPITAL FACILITIES PLAN TRANSPORTATION PROJECTS PRIORITY PROJECT CONDITION PROJECT PRIORMIll BUDOET2021 2022 2023 M. 2025 2026 2027 UNFUNDED Number Title STATUS TOTAL A LTS 'rR llld Revaluing Street lmpravemenG R Revaluing Naar 254,500 14,500 60,000 30,000 30,000 30,000 30,000 30,000 30,000 - 'rR0414 Peabody Creek/Lincoln Street Culvert Repair A Active Poor 3,447,000 d9,d00 357,200 - - 3'o Mil00 - - - - TR021s Lincoln Street Safety A Active Fair 2,020,000 126,000 1,894,000 - - - - - - - TRO615 Golf Course Road Chip Seal(lst St m City limits) A Active Poor 400,000 - 400,000 - - - - - - - 'I.232U 2021 Pavement Preservation A Active Fair 400,000 - 400,000 - - - - - - - TRW21 Pavement Management Plan 1 Punning Fair 200,000 - 200,o0U - - - - - - - '1-110616 ADA-Francis Street 2 Design Poor 315"1, - 315,000 - - - - - - - TRO115 N St-Chip Seal(5th m kith Streets) 3 Planning Fair 400,000 - - loo,000 - - - - - - TROSls I Street Chip Seal(5th m 16th Streets) 4 Planning Poor 350,000 - - 350,000 - - - - - - TRO316 Rth Street Chip Seal(A m I Streets) 5 Planning Fair 411,011 - - 400,000 - - - - - - TR061B Stevens Middle School Walking Routes 7 Planning Fair B15,000 - - 15,000 100,000 l00,000 - - - - TR1799 Truck Routeat Hwy l 011n-ttt- R Pre-Planning Fair 7,200,000 - - - 100,000 -'odU - 6,500,000 - - TRU42U 2023 Pavement Preservation 9 Planning Fair 4"'" - - - 4UU,U UU - - - - - rR0716 ADA-Peabody Street 10 Planning Poor 320,000 - - - 20,000 CR0119 Dth Street Paving LLincoln to A S--) 11 Planning Fair 1,130,000 - - - 30,000 - 1,100,000 - - - TR0221 Marine Dr Paving(Valley to Hill Street) 12 Punning Fair 1,600,000 - - - - too,000 1,50U,000 - - - 'rR0117 Liberty Street Reconstruction 13 Planning Poor S10,000 smilo0 - - - - 'CR0417 Euuie Sweet Pavement Repair 14 Planing Fair 100,000 - - - - too,0 UU - - - - 'rR1416 1lamilten School Walking Ru utes 15 Planning Poor 1,515,0so 15,000 - - - 200,000 1,300,000 - - - TRO915 Park Avenue Paving Uverlay(R-m Liberty Streets) 16 Planning Fair 52o,000 - - - - - 20,000 sod, odd - - TR0520 2024 Pavement Preservation 17 Planning Fair 400,000 - - - - 400,000 - - - TRO620 2026 Pavement Preservation is Planning Fair 4",011 - - - - - - 400,000 - TR0419 -id-Blvd 11--tuctiun(L St.City Limits) 19 Pre-Planning Poor 1,000,0so - - - - - - loopoo 90U,000 TR0720 18th Street Chip Seal 20 Planning Fair 300,000 - - - - - - - 300,000 - TROsls Railroad Ave Overlay 21 Planning Poor 300,00o - - - - - - - SU,000 250,000 TR0219 5th Street Chip Seal(A m M Streets) 22 Planning Fair 35o,000 - - - - - - - 350,000 TRO499 Laurel St/Ahlvers Road Overlay OF Unfunded Poor sso,000 - - - - - - - - RSO,OUo TROs16 ADA-Cherry Street OF Unfunded Poor 341,011 - - - - - - - - 340,000 Cherry TR1015 Street Area Chip Seal OF Unfunded Poor 750,000 - - - - - - - - 7"'I'lo TR0916 ADA-Oak&Laurel Streets OF Unfunded Poor 300,000 - - - - - - - - 300,000 TR1899 Lincoln,Laurel and Lauridsen lnterseaion OF Unfunded Poor l,soo,000 - - - - - - - - 1,ROO,OOo TROT U4 2nd&Valley Streets Pavement OF Unfunded Poor 55o,000 TR030R U Street Improvements OF Unfunded Poor 1,Soo,000 - - - - - - - - 1,500,000 TRU599 Hill Street Intersection Reconwuaion it F' Unfunded Poor 495,0oo - - - - - - - - 4J5,000 'r6 317 Chase Street Vicini Chi Seal OF Unfunded Poor 1 320,000 1 1 1 1 1 1 1 1 320,000 'r R04U5 Alley Paving Revolving Funding R Revolving Poor 1,121,111 too 450,000 10,000 250,000 - 10,000 400,000 - - 'I'R1120 Cem plete Sheets Revolving Fund R Revolving '..' ..'so - - - 200,000 - 200,000 100,000 - - 'rRO114 11i11Street-Olympic Discovery Trail A Active Fair 3,941,60o 220,100 7,50o - - - - - - 3,714,000 TRO2U9 Race Street Complete Design&Cunwruaiun Phase) A Active Fair 5,262,411 516,d00 4,745,600 - - - - - - - Tit D-t-Tree/Sidewalk Replacement Phase 111 1 Planning Poor 300,000 - - 300,000 - - - - - - TROlUl Laurel Street Stairs Replacem ent 2 Design Poor 535,000 300 34,700 Shush - - - - - - TR0120 Signal Controller Upgrades 1st/Front 3 Planning Fair 1,5s5,000 - - 225,000 1,360,000 - - - - - TR1399 Traffic Signal Interconnect/Preemption 4 Planning Fair 660,000 - - 6U,000 300,000 300,000 - - - - TR1215 City Hall Eaw Parking Lot LID 5 Planning Fair 751,9oo 30,20U 71,700 - 650,000 - - - - - TR0715 16th Street Ll D(C m L Strews) 6 Planning Fair 1,121,000 200 166,80U - - 954,000 - - - - TR1020 N Strew Solar Speed Display 7 Planning Poor 30,000 - - 3U,000 - - - - - - TR0920 -id-Blvd Flashing Beacons R Planning Fair 40,000 - - - 40,000 - - - - - TRO416 1St/2nd/Valley/Oak Green Alley 9 Planning Poor 472,200 22,200 - - 450,000 - - - - - TR0919 Traffic Safety Camera Program 10 Planning Fair 35,000 - - 35,000 - - - - - - 'rR0909 Wayfinding&DDT Signage 11 Acive Poor 312,0so 13,600 - 29d,200 - - - - - - 'rR1116 School Area Speed Signs(N ear Y'ranklin) 12 Planning Fair So,0o0 - - - - 50,000 - - - - TR0321 Speed Feedback Sign Program 13 Planning Fair 90,000 - - - 30,00o - 30,000 - 30,000 - rR0220 Traffic Circle Program 14 Planning Fair 1,1Ro,00i - - - - d0,- 1,100,000 - - - rR0316 "h/lhth Sheet Bike Lanes 15 Planning Fair 400,o00 - - - - - 20,000 380,000 - - TR0421 Valley Street CWvea Crossing 16 Pre-Planning Fair 1,500,000 - - - - - - 1.o,.00 1,400,000 - TR0621 Fadlity Assessment 17 Punning Fair 9,000 - d,000 - - - - - - - '1-110113 Waterfront Redevelopment Phase 111 OF Unfunded Fair 20,000,000 - - - - - - - - 20,000,000 Tit Do 6 18th Street Bike Accessibility U1' Unfunded Poor so0,000 - - - - - - - - Bo0,00o TR1109 Marine Drive Bulkhead Repairs OF Unfunded Fair - - - - - - - - - Unknown TR0212 Caroline Street Slide Repair OF Unfunded Poor 375,000 - - - - - - - - 375,000 Tit1009 1st,Front&Race Street Nodes OF Unfunded Poor 423,000 - - - - - - - - 423,000 TRO516 Nancy Lane Pavement OF Unfunded Poor 211,011 - - - - - - - - 200,000 TR05U6 Valley Creek Trail Loop OF Unfunded Poor 100,000 - - - - - - - - 100,000 TR020s Alternate Cross-Town Route Study OF Unfunded Poor 220,000 - - - - - - - - 220,O0o TR1316 Traffic Control OF Unfunded Poor 300,000 - - - - - - - - 300,000 Tit this Zig Zag at Oak Street OF Unfunded Poor SWAB - - - - - - - - 500,00o TR0619 Race Street Complete Cun -mr,Phase ll OF Unfunded Fair 6,000,000 - - - - - - - - 6,000,000 TR0719 First&Front Strew De-pling OF Unfunded Fair - - - - - - - - - Unknown TROB19 Sidewalks for Mt Angeles Rd&Porter St OF Unfunded Poor 1,00o,o00 - - - - - - - - 1,000,000 TRO521 Im M Pavin and Sidewalk Locallm ro ent District OF Unfunded 1 1 2,000,000 2,000,000 TOTALS 83,753,700 1,049,000 1,110,900 2,653,200 3,970,500 7,314,000 51330,000 8,530,000 3,060,000 42,777,000 A R N sssgnea x�mner OF June 1, 2021 F - 7 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles,Washington, adopting the City's Capital Facilities Plan for 2022 — 2027, which includes the City's Transportation Improvement Program for the years 2022 -2027. WHEREAS,the City of Port Angeles is required to annually update its Capital Facilities Plan (CFP) and its Transportation Improvement Program (TIP); and WHEREAS, the City Council of the City of Port Angeles,being the legislative body of said City, on the 1st day of June 2021 and the 15th day of June 2021, did hold public hearings on the proposed CFP and TIP for 2022-2027; and WHEREAS, the proposed CFP and TIP for 2022-2027 are consistent with the City's Comprehensive Plan; and WHEREAS, the City Council finds and declares that the CFP, including the TIP, is appropriate to address the capital and transportation planning needs of the City for 2022-2027. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles,Washington,that the City's 2022—2027 CFP,which includes the City's TIP for the years 2022 -2027, as published May 4, 2021 in a document filed with the City Clerk as the"Preliminary Capital Facilities Plan and Transportation Improvement Plan for the City", is hereby adopted. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of June 2020. Kate Dexter, Mayor ATTEST: Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney June 1, 2021 F - 8 -;G� POR-T-ANGELES CITY COUNCIL WASH I N G T O N , u , S , MEMO Date: June 1,2021 To: City Council From: Nathan A. West, City Manager Subject: August Meeting Break Summary: On April 20,2021 City Staff introduced the idea of a summer break during the month of August where one of the regular August Council meetings is cancelled. Staff then brought the item forward for discussion at the May 4 Council meeting. Council considered amending the Council meeting schedule to include a summer break and directed staff to draft an ordinance amending the City Council meeting schedule. The new ordinance would amend the Council's meeting schedule. The new schedule would state Council will hold only one regular meeting in August,the third Tuesday of the month beginning at 6:00 p.m. This ordinance is before Council this evening for a second reading. Funding:N/A Recommendation: Conduct a second reading of an ordinance amending a portion of Chapter 2.04 of the Port Angeles Municipal Code to change the August schedule of regular City Council meetings when Council will hold only one regular meeting that month,which shall be on the third Tuesday of the month beginning at 6:00 p.m. Background / Analysis: On April 20,2021 City Staff introduced the idea of a summer break during the month of August where one of the regular August Council meetings is cancelled. Staff then brought the item forward for discussion at the May 4 Council meeting. Council considered amending the Council meeting schedule to include a summer break. During that meeting, Council directed staff to draft an ordinance amending the City Council meeting schedule. The new ordinance would amend Chapter 2.04 related to City meetings. The current City Council meeting schedule states Council meetings will be held on the first and third Tuesdays of each month,beginning at 6:00 p.m. The new ordinance would amend this schedule to state Council would follow this schedule, except during the month of August when Council would hold only one regular meeting that month,which shall be on the third Tuesday of the month beginning at 6:00 p.m. This ordinance is before Council this evening for a second reading. This concept was first introduced by staff for Council consideration. This break is in consideration of Council's busy schedules and the need for a break from their roles and responsibilities that are associated with their participation with the variety of different boards and committees they have been assigned to, in addition to their role as a Council member. Considering past agendas, staff offered their input as to when would be the most opportune time to take time off and suggested the first or second meetings in August. On May 4, Council voted in favor of meeting only once in August,the third Tuesday of the month. Staff will shift agenda items to before or after the break,according to deadlines. Funding Overview:N/A June 1 , 2021 G - 1 ORDINANCE NO. _ AN ORDINANCE of the City of Port Angeles, Washington amending a portion of Chapter 2.04 of the Port Angeles Municipal Code to change the August schedule of regular City Council meetings. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2230 as amended, and section 2.04.010 of Chapter 2.04 of the Port Angeles Municipal Code relating to City Council meetings, are hereby amended as follows: 2.04.010 - Time. The regular meetings of the Council shall be held on the first and third Tuesdays of each month, beginning at 6:00 p.m., except during the month of August, Council shall hold only one regular meeting,which shall be on the third Tuesday of the month beginning at 6:00 p.m. Public hearings will be scheduled to begin at 6:30 p.m. or as soon thereafter as possible. Such regular meetings shall conclude at 10:00 p.m.;provided, that the City Council may, upon motion, continue to meet past that hour upon items on the agenda not considered prior to 10:00 p.m. If the date of any such regular meeting of the City Council shall fall upon a legal holiday, such meeting shall be held either on the preceding business day or on the succeeding business day or on such other day as decided by motion of the Council. Also, if the first regular Council meeting in November falls on an election night, then the regular Council meeting shall fall on Wednesday following election night. Notice of the day selected for the meeting shall be given to the local news media at least 24 hours prior to the meeting. Such meetings shall be held in the Council Chambers at the Port Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington. Section 2 -Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including,but not limited to, the correction of the scrivener's/clerical errors, references to other local, state, or federal laws, codes, rules or regulations,or ordinance numbering,section/subsection numbers and any references thereto. Section 3- Severability. If any provisions of this Ordinance,or its application to any person or circumstances,are held invalid,the remainder of the Ordinance,or application of the provisions of the Ordinance to other persons or circumstances,is not affected. 1 June 1 , 2021 G - 2 Section 4-Effective Date_ This Ordinance,being an exercise of a power specifically delegated to the City legislative body,is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles by a vote of one more than the majority of all members of the legislative body at a regular meeting of said Council on the day of May, 2021. Kate Dexter, Mayor ATTEST: APPROVED AS TO FORM: Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney PUBLISHED: By Summary 2 June 1 , 2021 G - 3 -;G� POR-T-ANGELES CITY COUNCIL WASH I N G T O N , U.S, MEMO Date: June 1,2021 To: City Council From: Nathan A. West, City Manager Subject: AWC Annual Conference and Business Meeting Discussion Summary: The Association of Washington Cities(AWC) annual business meeting is part of the upcoming conference agenda. Cities are allowed to designate up to three voting delegates for the business meeting,to be held on June 24,2021. Funding: The AWC event cost is$100 per person. Funding is set aside for travel and training and would be deducted through the Council/staff appropriate line items. Recommendation: Designate 3 City of Port Angeles voting delegates to attend and vote at the June 24th,AWC business meeting. Background / Analysis: The Annual AWC business meeting is scheduled for Thursday,June 24,2021 from 10-11:30 a.m. in conjunction with the virtual AWC Annual Conference.Each City may select up to three voting delegates, either elected officials or staff. Because City delegates must attend the meeting in order to vote, staff recommends that Council designate 3 delegates to participate in the annual conference and as the three City of Port Angeles' voting delegates. The Clerk's office must submit names of the City's voting delegates by June 22,by 5:00 p.m. To learn more about the AWC annual conference follow this link. Funding Overview: The AWC event cost is$100 per person. Funding is set aside for travel and training and would be deducted through the Council/staff appropriate line items. June 1, 2021 1 - 1 -;G� POR-T-ANGELES CITY COUNCIL WASH I N G T O N , U.S, MEMO Date: June 1,2021 To: City Council From: Nathan West, City Manager Allyson Brekke,Director Community and Economic Development William Bloor, City Attorney Subject: Amendment to Agreement with Madrona Law Group for Phase 3 Summary: In 2020, City Council established as a priority a review of the City's municipal code. In July 2020 the City entered into an agreement with Madrona,to do most of the work. Under a separate contract, the City employed another firm,MAKERS,to focus on the planning,zoning, and development regulation portions of the code. Madrona now has completed Phases 1 and 2. The action before the City Council tonight is a recommendation to approve an amendment to Madrona's contract to authorize it to proceed with optional Phase 3. Funding: The 2021 budget currently contains $44,000 for compensation to Madrona and MAKERS for the remainder of 2021. Additionally, $50,000 remains from the 2020 Budget for these projects that will be carried forward in the second amendment to the budget,creating a total code audit budget of$94,000. It is also expected that additional amounts will be budgeted for calendar year 2022. The recommendation is to authorize the City Manager to apply $84,000 of the remaining code audit budget to the Madrona contract. Recommendation: Approve the attached Amended Agreement with Madrona Law Group for Phase 3 and authorize the City Manager 1)allocate to the Madrona contract all or a portion of the 2021 budgeted funds as will best accomplish in this calendar year the City's goals for this project; 2)to execute all documents necessary to execute and administer the Amended Agreement for Phase 3, and 3)to correct scrivener's errors and make minor modifications as necessary. Background / Analysis: On August 14th, 2020, the City entered into an Agreement for Professional Services with Madrona Law Group. The Agreement was divided into phases consisting of Phase 1 with additional optional phases, which, at Council's discretion could be approved in succession if the project proceeded satisfactorily. Madrona completed work on Phase 1 near the end of 2020. On January 25,2021 the Council amended the Agreement to authorize Madrona to proceed with Phase 2. Madrona now has completed work on Phase 2,and the recommendation tonight is that Council approve an amendment to the contract to authorize Madrona to proceed with Phase 3. Phase 3 will begin the work of drafting revisions to the City's current municipal code. That drafting process will address sections of the municipal code that were prioritized during Phase 2 and in accordance with the recommendations made in Madrona's final report at the conclusion of Phase 2. Phase 3 will include input and engagement opportunities for the public,City Council, and City staff and also provide opportunities to include surveys, open houses, meetings, group meetings, and one-on-one meetings with City Council members and staff. The order in which the work for this Phase is completed and the specific tasks to be completed by Attorneys shall be approved by the City Manager in increments,based on City priorities and June 1, 2021 J - 1 budget availability. The prioritization of this work will align with the priorities discussed during the May 18'h City Council work session and identified on slide 7 of the PowerPoint presentation provided that evening. The Amendment and original agreement are attached to this staff report. Funding: The 2021 budget currently contains$44,000 for compensation to Madrona and MAKERS for the remainder of 2021. Additionally, $50,000 remains from the 2020 Budget for these projects that will be carried forward in the second amendment to the budget,creating a total code audit budget of$94,000. It is also expected that additional amounts will be budgeted for calendar year 2022. The recommendation is to authorize the City Manager to apply$84,000 of the remaining code audit budget to the Madrona contract. June 1, 2021 J - 2 SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT Between the CITY OF PORT ANGELES,And THE MADRONA LAW GROUP,PLLC For Phase III This Amendment is made and entered into between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as "City"), and the Madrona Law Group, PLLC (hereinafter referred to as "Attorneys"). The City and Attorneys are sometimes referred to herein individually as "Party" and collectively as "Parties." In consideration of the covenants and promises set forth herein, the parties hereto agree as follows: 1. The City and Attorneys entered into an Agreement for Professional Services on the 14ffi day of August 2020. The Agreement was amended on January 25, 2021. The amended Agreement is incorporated by this reference and may hereafter be referred to as "the Agreement." 2. The Attorneys have now completed Phase One and the Optional Second Phase as described in Exhibit A Scope of Work attached to the original Agreement. 3. By this Second Amendment, the City and the Attorneys hereby execute the Optional Third Phase of the Scope of Work. For that purpose, the City and the Attorneys agree as follows: Attorneys, in collaboration with City staff, City Council, and the public, shall implement changes to the PAMC in accordance with the recommendations made in final report of the Attorneys at the conclusion of Phase Two. As necessary and appropriate, in addition to draft changes to the PAMC, this Phase will include action necessary to assure input and engagement opportunities for the public, City Council, and City staff. Such opportunities shall include surveys, open houses, meetings, group meetings, and one-on-one meetings with City Council members and staff. The order in which the work for this Phase is completed and the specific tasks to be completed by Attorneys shall be approved by the City Manager in 1 June 1, 2021 J - 3 increments, based on City priorities, budget availability and the priorities established at the May 18, 2021 Council work session. The City agrees to increase the compensation allocated to the Agreement in the amount of$84,000, which amount will be available to compensate the Attorney for their work done in the Optional Third Phase. 4. Except as modified herein, the original Agreement is confirmed and ratified. 5. This Amendment together with the original Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by written amendment executed by both Parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Memorandum of Agreement as of the date and year of the last signature affixed below. Agreed and Accepted by: CITY OF PORT ANGELES MADRONA LAW GROUP, PLLC By: By: Nathan A. West, City Manager Ann Marie Soto,Member Dated: Dated: ATTEST: By: Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM By: William E. Bloor, City Attorney 2 June 1, 2021 J - 4 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services ("Agreement") is made on this 6th day of August , 2020, between Madrona Law Group, PLLC (`Attorneys") and the City of Port Angeles (`City"). SECTION 1. PROFESSIONAL SERVICES. The services to be provided by Attorneys to City shall be under the direction of the City Manager and are as detailed in the Scope of Work attached as Exhibit A. The tasks described in the Scope of Work may be modified, from time to time as determined mutually by the City Manager and the Attorneys, to be accomplish the purposes of this Agreement and the tasks described in the Scope of Work, provided that the work always shall remain within the parameters stated in the Scope of Work. In accordance with the preceding sentence,the City Manager is hereby authorized to adjust, modify, and adapt the Scope of Work and to approve optional Future Phase Tasks of the Scope of Work, as he deems appropriate and consistent with the budget for this project,without need for an amendment or additional Council approval. The City intends to employee MAKERS ARCHITECTURE AND URBAN DESIGN LLP to assist the City in identifying amendments to titles 14, 16, and 17 of the Port Angeles Municipal Code as necessary to bring the Code into compliance with HB 1923 Building Residential Capacity. The City also intends that the Attorneys and MAKERS shall consult as necessary and coordinate their efforts so that the City's municipal code is consistent throughout. In the work to be done by Madrona and Makers, it is likely there will be some overlap in the work being done by each entity. Recognizing this, Makers and Madrona shall cooperate and coordinate with a common goal to achieve the best results for improvements to the Code. SECTION 2. RESPONSIBILITIES OF ATTORNEYS AND CITY. Attorneys will perform the professional services called for under this Agreement in accordance with the rules of professional responsibility for attorneys in Washington State, keep City informed of progress and developments,and respond promptly to City's inquiries and communications.City will be truthful and cooperative with Attorneys, keep Attorney reasonably informed of developments, and timely make any payments required by this Agreement. SECTION 3. COMPENSATION. A. The City will pay Attorneys on an hourly basis for the professional services provided under this Agreement pursuant to the fees listed in Exhibit B Attorneys will charge in increments of one tenth of an hour, rounded off for each particular activity to the nearest one tenth of an hour.The minimum time charged for any particular activity will be one tenth of an hour. Attorneys will charge for all activities undertaken in providing services to City under this Agreement, including, but not limited to,the following: attending meetings and;reviewing and preparing correspondence and legal documents; performing legal research and writing June 1, 2021 J - 5 legal opinions; drafting of ordinances, and resolutions and engaging in telephone conversations. When two of more of Attorneys' personnel are engaged in working on a matter at the same time, such as in conferences between them, the time of each will be charged at his or her hourly rate. B. Attorneys will review their hourly rates once per year. If,while this Agreement is in effect, Attorneys implement an increase in the hourly rates being charged to the City,that increase may be applied to fees incurred under this Agreement, but only with respect to services provided thirty (30) days or more after written notice of the increase is mailed to City. If City declines to accept the increased rates, the parties may negotiate an alternate rate, or City may terminate this Agreement by written notice effective when received by Attorneys, provided City executes and returns a substitution-of-attorney form immediately on its receipt from Attorney if Attorneys are City's attorney of record in any proceeding. C. Notwithstanding any other provision of this agreement, the total amount of compensation and cost reimbursement payable to the Attorneys under this agreement shall not exceed $50,000. SECTION 4. COSTS. A. Subject to the preceding paragraph, City will pay all relevant costs in connection with Attorneys' representation of City under this Agreement. Attorneys may attend one project "kick-off" meeting and one work study or other City Council meeting free of charge, upon request; all other reasonable travel time shall be billed at the rate of$100.00.Costs may be advanced by Attorney and then billed to City. Costs include, but are not limited to, messenger service fees, postage fees, and photocopying expenses. B. Attorneys shall not charge City for fees incurred by Attorneys as part of their standard use of any online legal research database. Extraordinary legal research costs may be billed to the City upon City's approval. SECTION 5. STATEMENTS A. Attorneys shall render to City a statement for fees, costs, and expenses incurred on a periodic basis (generally monthly). Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed. Separate billing categories can be established to track costs associated with City funding categories or to track project costs, or such other basis as the City may direct. Reimbursable costs shall be separately itemized. B. Payments shall be made by City within thirty (30) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. June 1, 2021 J - 6 SECTION 6. INDEPENDENT ATTORNEYS Attorneys shall perform all services required under this Agreement as an independent Attorneys of City, and shall remain, at all times as to City, a wholly independent Attorneys with only such obligations as are required under this Agreement. SECTION 7. INSURANCE. Attorneys shall maintain for the duration of this Agreement legal liability insurance with limits no less than$1,000,000 per claim and$3,000,000 policy aggregate limit. Attorneys shall provide City with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of Attorneys to maintain the insurance as required shall constitute a material breach of contract, upon which City may, after giving five business days' notice to Attorneys to correct the breach, immediately terminate the contract. In addition to the legal liability insurance, the Attorneys shall comply with the following: Indemnification/Hold Harmless Attorneys shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Attorneys in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. A. Insurance Term The Attorneys shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Attorneys, its agents, representatives, or employees. B. No Limitation The Attorneys' maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Attorneys to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance The Attorneys shall obtain insurance of the types and coverage described below: I. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial General Liability insurance shall cover liability arising from independent contractors', personal injury, and advertising injury. The City shall be named as an additional insured under the Attorneys' Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. June 1, 2021 J - 7 D. Minimum Amounts of Insurance The Attorneys shall maintain the following insurance limits: 1. ALIW1110blle [.iability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Attornc�,'s_Professional [.iability insurance shall be written with limits no less than $1,000,000 each occurrence, $3,000,000 general aggregate. E. Other Insurance Provision The Attorneys' Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Attorneys' insurance and shall not contribute with it. F. Verification of Coverage The Attorneys shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. SECTION 8.NOTICES Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified,or by delivery of same into the custody of the United States Postal Service,or its lawful successor; postage prepaid and addressed as follows: CITY: Legal Department City of Port Angeles 321 E. 5th St. Port Angeles, WA 98362 ATTORNEYS: Madrona Law Group, PLLC 14205 SE 36t" Street, Suite 100 Bellevue, WA 98006 Service of a notice by personal service shall be deemed to have been given as of the date of such personal service. Notice given by deposit with the United States Postal Service shall be deemed to have been given two (2) consecutive business days following the deposit of the same in the custody of said Postal Service. Either party hereto may, from time to time, by written notice to the other, designate a different address or person which shall be substituted for that specified above. SECTION 9. TERM June 1, 2021 J - 8 A. This Agreement shall be effective upon mutual execution by the parties and shall remain in full force and effect until terminated by either party hereto or until the tasks described in the Scope of Work are completed,whichever occurs first. City may discharge Attorneys at any time. Attorneys may withdraw from City's representation at any time, to the extent permitted by law, and the Rules of Professional Conduct, upon thirty (30) days' notice to City. B. In the event of such termination or withdrawal, City will pay Attorneys professional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of legal representation. SECTION 10. CONFLICTS Attorneys have no present or contemplated engagements which are adverse to the City. Attorneys agree that they shall not represent any other City in a matter(either litigation or non-litigation) in which Attorneys' representation would be adverse the City. If, in the future, the City asks Attorneys to represent the City in a matter that is adverse to another current or former City of Attorneys, Attorneys will determine whether and under what circumstances Attorneys may undertake such representation and, if appropriate, seek informed consent(s) from affected parties. SECTION 11. OWNERSHIP OF DOCUMENTS Upon completion of work o e o k and payment of all associated fees all document exhibits,I' r r Y s,e �ts,and ether representation of the final work shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the Attorneys. SECTION 12. GENERAL PROVISIONS. This Agreement sets forth the entire agreement of the parties. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. CITY OF PORT ANGELES MADRONA LAW GROUP, PLLC By: Nathan A.A. West, City Manager Ann Marie Soto, Member Dated: L2_C/Zt1 Dated: 8/6/20 June 1, 2021 1 - 9 ATTEST: I - I By: jr Kari Martinez-Bailey,Ci i APaliam TO FORM By loor. City Allor June 1, 2021 J - 10 EXHIBIT A Scope of Work Phases of work For the purpose of budgeting,the work to be performed by the Attorneys has been divided into phases of completion. Unless otherwise agreed in writing by both parties, the Attorney's total compensation and reimbursement under this agreement shall not exceed the maximum sum of$50,000. The Scope of Work for this agreement contemplates the Attorneys performing, at the least,the Initial Phase described here within. Depending on budget,the Attorneys may address portions of the Second and Third Phases in conjunction with work done on the Initial Phase. Additional work required to complete the Second and Third Phases which exceeds the budgeted amount may be addressed through an amendment to the Professional Services Agreement(PSA).This approach allows the City some flexibility both in meeting project objectives and controlling available project resources. The Port Angeles Municipal Code(PAMC) is important to the public, and for that reason, all policies, principles, and recommendations for changes should be made through a process that is open and transparent. While the Attorneys are performing the work described herein, another firm, MAKERS Architecture and Urban Design,will be performing work to satisfy the City's requirements of an interagency agreement and grant with the Washington State of Department of Commerce to increase residential building capacity (HB-1923 grant program). The diversity of elements to be addressed in this project and in MAKERS' project create the probability that there will be some overlap. Such overlap should be anticipated and addressed through collaboration to ensure both professional work products are coordinated in effort and are cohesive in recommendation. Initial Phase The initial phase includes the following tasks, which may be modified upon consultation with City staff,depending on budget and Attorneys' initial assessment,without additional City Council approval: 1. The Attorneys will conduct an initial meeting (most likely a video meeting) with the City Council, department directors, and city staff to describe the intended code audit process and to gather ideas,suggestions, and goals from the Council and staff. The Attorneys will be the lead entity in this meeting. 2. The Attorneys will conduct a detailed and thorough review of all titles of the Port Angeles Municipal Code (PANIC), except titles 14, 16, and 17. As part of this review,Attorneys shall use their professional judgment to prioritize which sections of the PANIC require the greatest level of attention, giving specific priority to Title 8 of the PANIC. Attorneys shall provide a list of these priorities to the City for consultation. 1 June 1, 2021 J - II 3. The City intends to employee MAKERS architecture and urban design LLP to conduct a thorough review of titles 14, 16, and 17. The City also intends that the Attorneys and MAKERS shall consult as necessary and coordinate their efforts so that the City's Municipal Code is consistent throughout. For that purpose, the Attorneys made need to conduct a cursory review of titles 14, 16, and 17. 4. Based on the review described in the preceding paragraphs, the Attorneys will prepare an outline of specific code provisions that should be added, revised or repealed, and will identify why change is necessary. 5. Additionally, the Attorneys will prepare an outline of specific changes, revisions, and other recommendations to enhance, clarity, and ease use of the PAMC. 6. The Attorneys will analyze and report to the City whether the PAMC, either in structure or in substance or both,would benefit from any changes, other than those noted as a result of the work described above. 7. Finally, the Attorneys shall offer recommendations relating to the process for Council, City staff and citizens to offer input and comment to proposed changes to the PAMC and regarding the process for drafting amendments to current PAMC In performing the work described above, Attorneys will include in its review, analysis, and recommendations, consideration of at least the following factors. The factors listed below are not intended to be exclusive or limiting. Based on the review described in paragraph 1 above,the Attorneys are expected to identify and assess additional factors for consideration. • Eliminate all provisions of the PAMC that don't readily appear to equitably benefit the health, safety, or welfare of all people of Port Angeles • Suggest provisions for the PAMC that increase public health, equity, community safety for the most vulnerable community members, and general welfare toward a resilient, vibrant, walkable, and liveable city ■ Compliance and/or conflicts with current law • Internal consistency and uniformity including definitions,interpretation,and syntax • Organization • Eliminate outdated provisions • Customer friendly • Reduce tentacles • Usability • Address conflicts with current law • More graphics • Implement City Code Compliance Program (Code Portion) • Implement tobacco-free ordinance Attorneys' final Initial Phase Audit report shall be in writing and provided to the City by a date no later than November 30, 2020. Realizing that there may be opportunity for Attorneys to provide those services listed in the Optional Second and Third Phases below, without exceeding the maximum budget of 2 June 1, 2021 J - 12 $50,000, Attorneys agree to perform those services as part of the Initial Phase when possible. To the extent that the City agrees that the Audit identifies specific issues that would require additional work beyond that outlined above, the parties may revise the scope of the PSA accordingly. The City Manager is hereby authorized to implement and approve such revisions and the optional Phases of the Scope of Work administratively if funds beyond the original PSA budget are allocated. If the City or the Attorneys decline to extend the PSA, the Attorneys shall summarize the additional work that has been identified and the reasons for the recommendation of additional work. Optional Second Phase Council and Staff-Receive and evaluate Reports from Attorneys Based on that evaluation, determine Priorities—Identify Sections for Priority Updating Timeline Budget Other elements, as developed from analysis of audit performed by Attorneys As needed, negotiate amendments or additions to the agreement with the Attorneys Optional Third Phase Attorneys, in collaboration with City staff, City Council,the public, implement changes to the PANIC. As necessary and appropriate, in addition to draft changes to the PANIC, this Phase will include actions necessary to assure input and engagement opportunities for the public,the City Council, and City staff. Optional Fourth Phase The City may direct the Attorneys to audit Title 17 and recommend changes to that Title consistent with improvements the Attorneys identified for other Titles. If so,the task will be performed within the time and for additional compensation established by an addendum to this Agreement. 3 June 1, 2021 J - 13 EXHIBIT B MADRONA LAW GROUP, PLLC 2020 HOURLY RATES ATTORNEYS: Eileen M. Keiffer $230 David A. Linehan $300 Kim Adams Pratt $300 Ann Marie J. Soto $230 Rachel B. Turpin $230 STAFF: Paralegal $130 June 1, 2021 J - 14 .;G� POR-T-ANGELES CITY COUNCIL WASH I N G T O N , U.S, MEMO Date: June 1,2021 To: City Council From: Corey Delikat,Parks & Recreation Director Bill Bloor, City Attorney Subject: Erickson Playfield Pump Track- Sourcewell Cooperative Agreement Summary: The City of Port Angeles is entering an agreement with American Ramp Company using the leverage of the City agreement with Sourcewell cooperative purchasing program. Funding: The funding for this project will be a combination of state and local grants as well as donations from the community. City Council authorized $100,000 of Lodging Tax Funds from the 2021 Budget. A complete budget is documented in Exhibit A of the contract. Recommendation: Award a public works contract, substantially in the same form as the draft contract attached to this memo,to American Ramp Company to install the Erickson Pump Track project for the sum of Six Hundred Fifty-Six Thousand Five Hundred Eighty-Three Dollars and Eighteen Cents ($656,583.18),plus applicable taxes; and authorize the City Manager execute and administer all documents and to make minor modifications and necessary to complete this project. Background / Analysis: Over the last three years,the Lincoln Park BMX Association(Association)has played a significant role in recreation for the community and has built a facility at Lincoln Park that is one of the best in Washington State. On November 4,2020 the City Council approved a five-year Facility Use Agreement for the operation and maintenance of the Lincoln Park BMX Track. In 2019,the Association approached the City about placing a Pump Track on City property. A Pump Track is a rolling series of looped paths that offer a fun way for kids and adults to build bicycle skills in a contained environment. Pump Tracks are exciting for all levels of riders and can be used for bikes, scooters, and skateboards. This track will also be the first track in the United States to have a loop with features specifically designed for ADA purposes so wheelchairs can be used as well. The overall cost of the project is$656,583.18 and 90%of these funds have already been committed. After several discussions between the City and the Association,Erickson Playfield became the ideal location for this exciting new facility. The City then placed this project in the Capital Facilities Plan (CFP)and placed it in the "Parking Lot"until funding was found for the project(PK-0119). Shortly after this CPF project was approved by the City Council,the Association wasted no time finding funding for this project. They received City and County Lodging Tax,totaling $200,000, and they hired American Ramp Company to design the track(See below photo). The City then partnered with the Association and applied for a Recreation Conservation Office (RCO)for a Youth Athletic Field (YAF) Grant in the amount of$350,000. After the RCO YAF Committe reviewed project,the Port Angeles June 1, 2021 J - 15 Pump Track ranked#9 out of 37 projects in the State. This puts the project in excellent position to receive the $350,000 request. 1 4 '^•e,L 1N r j Funding Overview: The funding for this project will be a combination of state and local grants as well as donations from the community. City Council authorized $100,000 of Lodging Tax Funds from the 2021 Budget. A complete budget is documented in Exhibit A of the contract. Process: When this project was presented to Council is January this year,the plan at that time was that the Association would contract with American Ramp Company(ARC), for ARC and its subcontractors to build the pump track for the City. ARC would have done the contracting and construction management, then transfer the pump track to the City once it was complete. That initial plan,we later learned,is not feasible. The reason is that the conditions attached to the $350,000 grant make it impracticable for the Association to perform those functions. As a consequence, the contract that is presented tonight shows that the City is the contracting party. All other details of the project, as presented in January,remain unchanged. With that background,the plan now is that the City enter into an agreement with ARC using the leverage of the City agreement with the Sourcewell cooperative purchasing program. Sourcewell allows government entities to enter into purchasing agreements with vendors based upon national criteria that meets or exceeds RCW bidding requirements. Such agreements allow the City to "piggyback"on agreements between other government entities and vendors, such as ARC. American Ramp Company has June 1, 2021 J - 16 a well-established track record of designing pump tracks, skateboard parks and bicycle parks throughout the US and Washington State. The Agreement before Council is for the ARC to build the pump track for$656,583.18,plus taxes and any unforeseen changes that must be agreed upon in writing;based upon the funds secured for this project as have been described above. The funds are to be disbursed in quarter segments with 25% due at signing of the agreement,25%due upon mobilization,25%mid-milestone, and 25%upon completion and sign off. June 1, 2021 J - 17 ASPHALT PUMPTRACK BUILD SOURCEWELL AGREEMENT THIS AGREEMENT (the"Agreement") is made this day of June 2021, by and between Cily of Port Angeles(hereinafter called"OWNER"),whose principal office is located at 321 E 5th Street,Port Angeles, WA 98362, and American Ramp Company, (hereinafter called "CONTRACTOR"), whose principal office is located at 601 S. McKinley Ave,Joplin,MO 64801. PROJECT: Erickson Park Pumptrack LOCATION: Erickson Playfield PROJECT NUMBER: PK-0119 Whereas, OWNER desires to have certain public work performed as hereinafter set forth,requiring specialized skills and other supportive capabilities; and Whereas, CONTRACTOR represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Agreement; and Whereas, CONTRACTOR acknowledges and confirms that it is a parry to a contract with Sourcewell(Contract #112420-ARC,or the "Sourcewell Contract")pursuant to which CONTRACTOR agrees to provide Skatepark, Bike Park, and Pump Track Solutions with Related Equipment,Accessories, and Services to Sourcewell's "Participating Entities"; and Whereas, CONTRACTOR further acknowledges and confirms that(1) Sourcewell is a State of Minnesota local government agency; (2) Sourcewell procured the Sourcewell Contract in accordance with its own statutorily- proscribed procurement requirements,including posting of public notice of the solicitation on Sourcewell's own website; and Whereas, CONTRACTOR further acknowledges and confirms that OWNER and Sourcewell are parties to a contract,pursuant to which OWNER is a Participating Entity and therefore qualified to procure equipment, products and services from CONTRACTOR in accordance and subject to the terms,conditions and requirements of the Sourcewell Contract. NOW,THEREFORE,in consideration of the terms,conditions, and agreements contained herein,the parties hereto agree as follows: ARTICLE 1 DESCRIPTION OF AGREEMENT AND WORK 1.1 CONTRACTOR shall do all work and furnish all tools, materials, and equipment in order to accomplish the Project in accordance with, and as described in the following documents (the "Contract Documents"): A. This Agreement; B. The Sourcewell Contract; C. Exhibit A,Project Scope of Work; D. Exhibit B,Project Drawings; E. The 2018 Standard Specifications for Road,Bridge,and Municipal Construction prepared by the Washington State Department of Transportation, as may be specifically modified by the Amended Specifications and/or Special Provisions, hereinafter collectively referred to as "the standard specifications," and F. The most current edition of the City of Port Angeles' Urban Services Standards and Guidelines, andJ*111Pp'1x1AQ9 ny alterations or additions to the work provided under this Agreement and every pa14 thl4of. 1.2 In the event of a conflict or discrepancy among or in the Contract Documents,interpretation shall be governed in the following priority,with an Addendum or a revision to a Contract Document having precedence over the original document and later Addenda having precedence over earlier: .1 This Agreement(written amendments having precedence); .2 The Special Conditions; .3 The 2018 Standard Specifications, as amended; .4 City of Port Angeles' Urban Services Standards and Guidelines; .5 The Sourcewell Contract If there is any inconsistency or internal ambiguity between the Agreement,Drawings, schedules,or Specifications CONTRACTOR shall make an inquiry to OWNER to determine how to proceed.Unless otherwise ordered in writing by the OWNER, CONTRACTOR shall provide the better quality of,or the greater quantity of, any Work or materials, as reasonably interpreted by OWNER, at no change in the Contract Sum or Contract Time. In the event that Work is shown on Drawings but not contained in Specifications or schedules,or contained in Specifications or schedules but not shown on the Drawings,the Work shall be provided at no change in the Contract Sum or Contract Time. ARTICLE 2 CONTRACT AMOUNT 2.1 OWNER agrees to pay CONTRACTOR the sum of Six Hundred Fifty-Six Thousand Five Hundred Eighty-Three Dollars and Eighteen Cents($656,583.18),plus any applicable taxes,subject to additions anddeductions for changes as may be agreed upon in writing. CONTRACTOR may bill his work progressively basedon quantities installed. A monthly service charge of 1.5% (18%per annum)will be applied to any past due amountafter thirty (30)days. 2.2 Pursuant to RCW Chapter 60.28, OWNER will reserve 5% from the moneys CONTRACTOR earns on estimates during the progress of the work, to be retained as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or material man who performs any labor on the contract or doing of said work, and all persons who supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the state with respect to taxes which may be due from CONTRACTOR. 2.3 Subject to the Section 2.2 herein, this Agreement will be billed in progress billings as described below to be submitted to OWNER by CONTRACTOR.All progress billings are due in full no later than the thirty (30)days the following monthin order to avoid a monthly service charge as outlined in section 2.1 above. A. 25%deposit at signing of contract B. 25%on mobilization C. 25%mid-milestone D. 25%upon completion of pumptrack build and sign off 2.4 All pricing of the Work (including all items identified in Exhibit A) shall comply with the Sourcewell contract,#112420-ARC. 2.5 Execution of any Attachments and/or Add Alternates will be bound by all terms and conditions of the Agreement. ARTICLE 3 INSURANCE AND INDEMNITY 3.1 CONTRACTOR shall provide insurance coverage in accordance with and as described in the Sou�rcewei C�6yt. _ 19 une , A. Verification of Coverage: CONTRACTOR shall furnish OWNER with original certificates and a copy of the amendatory endorsements, including but not limited to the additional insured endorsement, evidencing the insurance requirements of CONTRACTOR before commencement of the work. B. Subcontractors: CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for CONTRACTOR. 3.2 CONTRACTOR shall defend, indemnify, and hold harmless OWNER, its officers, officials, employees, and volunteers against and from any and all claims, injuries, damages, losses, or lawsuits, including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of OWNER. It is further provided that no liability shall attach to OWNER by reason of entering into this Agreement,except as expressly provided herein. 3.3 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of CONTRACTOR and OWNER, its officers, officials, employees, and volunteers, CONTRACTOR's liability hereunder shall be only to the extent of CONTRACTOR's negligence.It is further specifically and expressly understood that the indemnification provided herein constitutes CONTRACTOR's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE 4 CONTRACTOR'S AND OWNER'S RESPONSIBILITIES 4.1 No variation of this Agreement will be recognized unless such change has been approved in writing. 4.2 OWNERunderstands that CONTRACTOR may subcontract the installation portion of this Agreement using independent Subcontractors without the consent of OWNER. CONTRACTOR shall require all Subcontractors to maintain the same insurance coverage as required of CONTRACTOR in Article 3 of this Agreement and the Sourcewell Contract. 4.3 CONTRACTOR will in no way be liable for delays in the completion of the Project which are beyond the control of CONTRACTOR, including but not limited to: Acts of God, labor strikes, shortage of materials,shipping delays or actions attributable to the Purchaser. 4.4 During construction the entire job site is considered hazardous. Before, during and after construction,OWNER is responsible for securing the job site.OWNER is responsible for barricading the premises and warning persons of the dangers at the jobsite. Under no circumstances may the bike park be ridden until completion of the Project. CONTRACTOR will not be held liable for and OWNER shall hold CONTRACTOR harmless from any accidents that occur because ramps/rails were used before the Project was complete. 4.5 Both during construction and after completion, CONTRACTOR shall not be held liable for damages beyond its control including but not limited to: noise generated from the Project, before and after completion,location choice,graffiti,injuries,additional expenses incurred by Purchaser,zoning issues,etc. 4.6 Building permits and other local licenses that are required for the Project are the sole responsibility of the OWNER. If CONTRACTOR is required to purchase these licenses,such costs will be billed to the OWNER and added to the contract price hereunder. 4.7 All materials and workmanship are to conform to the Contract Documents. June 1, 2021 ARTICLE 5 J - 20 MISCELLANEOUS 5.1 The persons signing this Agreement warrant that they are duly authorized to sign on behalf of their respective parties and to bind their respective parties hereto. This Agreement shall inure to the benefit of and be binding upon the undersigned parties and their respective heirs,executors,legal representatives,successors and assigns.No waiver of any provision of this agreement shall be deemed, or shall constitute, a waiver of any other provision,whether or not similar,nor shall any waiver constitute a continuing waiver.No waiver shall be binding unless executed in writing by the party making the waiver.If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 5.2 The parties shall endeavor to resolve their Claims by mediation. Request for mediation shall be filed,in writing,with the other party to the Agreement.The request may be made concurrently with the submission of such Claim to a court of competent jurisdiction, as provided in the paragraph below, but, in such event, mediation shall proceed in advance of such legal proceedings, which shall be stayed pending mediation for a period of 60 days from the date of submission, unless stayed for a longer period by agreement of the parties or court order. 5.3 Claims, disputes or other matters in question between the parties arising out of or relating to this Agreement and which cannot be resolved by mediation, as provided in above paragraph, shall be governed by Washington law and shall be determined exclusively in the Courts of Clallam County,Washington,without regard to its conflicts of law provisions.The prevailing party shall be entitled in any such action to recover its reasonable attorney's fees and legal expenses from the other party. 5.4 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter,and it supersedes all prior contemporaneous agreements,representations,and understandings of the parties. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing by all parties. ARTICLE 6 ADDITIONAL REQUIREMENTS 6.1 Independent Contractor Relationship. The relationship created by this Agreement is that of independent contracting entities.No agent,employee, servant,or representative of CONTRACTOR shall be deemed to be an employee, agent, servant, or representative of OWNER, and the employees of CONTRACTOR are not entitled to any of the benefits OWNER provides for its employees. CONTRACTOR shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Agreement. CONTRACTOR shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance,workers compensation insurance, social security, and income tax withholding. 6.2 Registration: CONTRACTOR confirms and acknowledges that(a)it is registered in accordance with RCW Chapter 18.27; (b)that it has a current Washington state unified business identifier number; and(c)it has worker's compensation insurance, an employment security department number, and a state excise tax registration number. 6.3 Compliance with Laws. A. CONTRACTOR shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Contract Documents. B. CONTRACTOR shall pay any applicable business fees and taxes which may be required for the performance of the work. June 1, 201 CONTRACTOR shall comply with all legal and permitting requirements as setlort?lin the Contract Documents. 6.4 Non Discrimination. Non-discrimination shall be in accordance with and as described in the Washington State Department of Transportation Standard Specifications and the Special Provisions Division 1-07.11. 6.5 Bonds: CONTRACTOR shall provide a Performance Bond and a Payment Bond pursuant to RCW Chapter 39.08. Said bonds shall each meet all requirements of RCW Chapter 39.08 and shall be issued by surety that is licensed or authorized to do business in the State of Washington and that has an A.M. Best rating of A- /VII or better. The amount of the bonds shall each be the value of this Agreement plus State and local sales taxes. 6.6 Prevailing Wage: A. This Agreement is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder,relating to prevailing wages,benefits, and other requirements. Workers shall receive no less than the prevailing rate of wage. OWNER shall verify that CONTRACTOR has received,or excused from,training on the requirements related to public works and prevailing wage under RCW 39.12. CONTRACTOR shall verify first-tier subcontractors have also received,or are excused from, such training. Each subsequent tier shall verify that the tier below have received,or are excused from, such training. No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by CONTRACTOR or a failure to include in CONTRACTOR's price adequate increases in such wages during the performance of this Agreement. CONTRACTOR is advised to consult the Washington State Department of Labor and Industries to determine the prevailing wages that must be paid. B. This public works project is being done in Clallam County. Washington State wage determinations for Clallam County Journeymen and Apprentices can be found at htips:Hfortress.wa.gov/lni/wa el�p//prvWa el�p.aspx and at https:Hfortress.wa.gov/lni/wagelookup/ApprenticeWageLookup.aspx. The applicable wage determinations to use are effective on the date of this Agreement. C. A copy of the applicable wage rates is available for viewing at the Port Angeles Public Works and Utilities Contracts Office. In addition,this agency will mail a hard copy of the applicable wage rates upon request 6.7 Termination of Agreement A. This Agreement shall terminate upon satisfactory completion of the work described in Scope of Work and final payment by OWNER. B. OWNER may terminate the Agreement and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient,by giving 10 days written notice to CONTRACTOR,upon the occurrence of any one or more of the events hereafter specified. i. CONTRACTOR makes a general assignment for the benefit of its creditors. ii. A receiver is appointed as a result of the insolvency of CONTRACTOR. iii. CONTRACTOR persistently or repeatedly refuses or fails to complete the work required herein. iv. CONTRACTOR fails to make prompt payment to subcontractors for material or labor. v. CONTRACTOR disregards federal, state or local regulations and ordinances. vi. CONTRACTOR persistently disregards instructions of the Contract Administrator,or June 1, 2021 otherwise substantially violates the terms of this Agreement. J - 22 vi1. OWNER determines that sufficient operating funds are not available to fund completion of the work contracted for. viii. The Director of the Public Works and Utilities Department or his/her designee determines that such termination is in the best interests of OWNER. C. In the event this Agreement is terminated by the OWNER, CONTRACTOR shall not be entitled to receive any further amounts due under this Agreement until the work specified in Scope of Work is satisfactorily completed, as scheduled,up to the date of termination. At such time,if the unpaid balance of the amount to be paid under this Agreement exceeds the expense incurred by OWNER in finishing the work, and all damages sustained by the OWNER or which may be sustained by reason of such refusal,neglect,failure or discontinuance of employment, such excess shall be paid by OWNER to CONTRACTOR. If OWNER's expense and damages exceed the unpaid balance, CONTRACTOR and its surety shall be jointly and severally liable therefore to OWNER and shall pay such difference to OWNER. Such expense and damages shall include all legal costs incurred by OWNER to protect the rights and interests of OWNER under the Agreement,provided such legal costs shall be reasonable. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. OWNER: CONTRACTOR: Firm: City of Port Angeles Firm: American Ramp Company Authorized Signature: Authorized Signature: Name Print: Name&Title Print: Date Executed: Date Executed: June 1, 2021 J - 23 EXHIBIT A, SCOPE OF WORK SCOPE OF WORK TASK 1.0-ASPHALT PUMPTRACK MANUFACTURING, INSTALLATION,AND CONSTRUCTION 1.1 INCLUDES*: • Construction, Fabrication and Installation of asphalt pumptrack and wall ride. • Tools and labor needed to complete construction of the pumptrack elements per attached Conceptual Design. 1.2 EXCLUDES*: • Fencing of any kind • Permits and fees: Any necessary permit(s) will be acquired by others. • Site testing and inspections: standard proctor/density testing, onsite concrete cylinders, engineering, surveying, or testing services. • Union wages or taxes • Utility, mechanical, electrical, plumbing work, relocation or repairs of any kind. • Any surface treatments of concrete (sealer, stamping, marble, granite, tinting, brick, staining, acid etching, decorative finish, etc.) • Professional services provided by Architects, Surveyors, Geo-technical & Electrical Engineers • Any landscaping • Pedestrian protection, walkways, dust protection, temporary enclosures, protection of work or adjacent items. • Soil treatment, termite treatment, landscaping, or reseeding. • Dewatering, silt fence, soil stabilization, erosion control, street cleaning, and traffic control. • Removal and/or replanting of any trees or shrubs. • Any work not specifically indicated above. 1.3 OWNER PROVIDES*: • Sufficient water, light, and electrical power within 100 feet of work areas. • Unobstructed, safe, and continuous access to work area with heavy equipment. All weather roads for heavy equipment. • Site Security (any vandalism or destruction that should occur from insufficient security shall be the responsibility of the client). Task I Deliverables: Fully constructed, manufactured and installed asphalt Pumptrack June 1, 2021 J - 24 f x e k ! Y iq•, - y :��� F N r 4 N c L • a � r / j 14,IF 1 p �: JM � s N 4-j ^O, o LL N � O Ln °t (� T o — cn •� (3) N L a--+ N O o bn 4-J a.., O O X N O aj O (� N > U cn >. O � � I � � E � E O 4-'— <; 4-, E . � 0 � +- � N� C .O -IleC m U Q f� 4J m U a--, a.., L Q � Ln N C O O O O f-- +_+ L - OLn O ON U N �� O— � 4J 4J Ln Ln IZA.� 4J � �= O ate-+ > E cn — O O�� �a) QUO �' � N cn — L — 4J � 'N � (� --o M— .— LEe � � -�,e� 0OO m Eu� ��� � ._v- � U � M Wc Q�°JLn Ln w 11� co Jt bo w ,40 lk mx lk g �p wr e t 1 •r � e + F � n �i i 7 r X� vi� a ,L t� rr tti •err � � ,c � F / e. 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S eZ4i. soeoFo 00 CDCL ...................w,o.uN,o/NI, /oo .................. w J 685aCD VM �S3l3JNVi'dOd Q m �ows` A21Vd 3A19 NOSAD1213 a N y "L III \< - IF 2 Ir IF \ m o a�: 0 g I F OI i omi// III /I / IIIl ';Ifs ICIII I l i vv I I III\��+`\ ♦ \ O`\\�\ NI I �� Z m K • 4 /m I m� _ m N I I \ I a •8 1� I I 1 \ \\ I I I / � I I _l _ _ — \\ yllll �v 11 �O�_eoc j' rz soeoFo ................ o .. w CD o m CL VM �S3l3JNVl2JOd Q " J 685aCD � Q z = QD �ows` A21Vd 3N19 NOSAD1213 a N OR Jor • 8 I e� >r o • a d��a 4 � I I a :fi-ab d • I 6 c� � a I !n o Zy III S cn gi b Z • � w R ffi I •�-.O[ib � -s .. a;.fi• III � I .z-re a a .•-.ea I �.r r 0.fi _r • •a� O • - .z-.sta v P o •a � I g � • I s III R S .;G� POR-T-ANGELES CITY COUNCIL WASH I N G T O N , U.S, MEMO Date: June 1, 2021 To: City Council From: Brian S. Smith, ChiefofPolice Subject: Operation Stonegarden FFY 20 Grant Contract and Acceptance Summary: The City of Port Angeles has been offered the latest Operation Stonegarden grant contract. The period of performance is March 24, 2021 through March 31,2023. The grant provides overtime to the Port Angeles Police Department for enhanced patrols on Ediz Hook,the Downtown area and the Olympic Discovery Trail. The Port Angeles Police Department has participated in the Stonegarden program since 2009. Funding: The overtime is 100 percent grant funded. The funding comes to the City from the Department of Homeland Security/Federal Emergency Management Agency(FEMA)via the Washington Department of Military and Clallam County. The total amount of award is$186,515.56. Recommendation: Authorize the City Manager to sign the agreement and letter of understanding with Clallam County. Background/Analysis: The Clallam County Sheriff's Office has received an award from the U.S. Department of Homeland Security(DHS),Federal Emergency Management Agency (FEMA)through a contract with the Washington State Military Department(#E21-202). The funds are to enhance the capability of state and local units of government to prevent,deter,respond to,and recover from catastrophic and/or terrorist events through the FFY20 Operation Stonegarden Program. The funding is being provided to enhance law enforcement preparedness and operational readiness along borders of the United States.As the Clallam County Sheriff's Office (CCSO) is the award sub-recipient,it is their responsibility to report activity required by the award on such reporting forms as required for reimbursement. This Letter of Understanding (LOU)is made to describe the funding award that shall be passed on to the Port Angeles Police Department upon receipt of approved reimbursement requests and completed reporting forms. The parties understand the funding amounts allocated in this LOU may only be altered upon approval from the State of Washington and the US Border Patrol,which would then need to be approved by FEMA. Port Angeles Police Department(PAPD)will receive a maximum award of $186,515.56 for the following category. Overtime: PAPD shall receive a maximum award amount of $186,515.56 for overtime approved under the FFY20 Stonegarden Grant Program.PAPD will be reimbursed for direct costs only of overtime and fringe benefits based on PAPD established overtime guidelines and policies,not to exceed$186,515.56.No reimbursements will be made for expenditures other than approved overtime.PAPD shall abide by all terms and conditions passed on to Clallam County Sheriff's Office as per the Washington State Military Department Contract(#E21-202)attached. PAPD agrees to complete an attached Audit Certification Form and Debarment Certification Form and return them both to Clallam County Sheriff's Office. PAPD agrees to complete all reporting required by Washington State Military Department and Clallam County Sheriff's Office. June 1, 2021 J - 49 The Clallam County Sheriff's Office reserves the right to amend the grant or transfer funding under this LOU to other partner agencies if not used by PAPD during the grant period.This LOU does not affect previous agreements between PAPD and the Clallam County Sheriff's Office. The life of this LOU is dependent on the continuation of the award from Washington State Military Department. This award's performance period commenced March 24,2021 and will end March 31,2023. It is further understood that PAPD must submit an invoice along with pertinent documentation to the Clallam County Sheriff's Office and that Clallam County Sheriff's Office will reimburse PAPD upon receipt of funds from Washington State Military Department. Funding: The overtime is 100 percent grant funded. The funding comes to the City from the Department of Homeland Security/Federal Emergency Management Agency(FEMA)via the Washington Department of Military and Clallam County. The total amount of award is$186,515.56. June 1, 2021 1 - 50 LETTER OF UNDERSTANDING BETWEEN THE PORT ANGELES POLICE DEPARTMENT AND CLALLAM COUNTY SHERIFF'S OFFICE IFFY 20 STONEGARDEN GRANT PROGRAM The Clallam County Sheriff's Office has received an award from the U.S. Department of Homeland Security(DHS), Federal Emergency Management Agency(FEMA)through a contract with the Washington State Military Department(#E21-202). The funds are to enhance the capability of state and local units of government to prevent,deter, respond to,and recover from catastrophic and/or terrorist events through the FFY20 Operation Stonegarden Program. The funding is being provided to enhance law enforcement preparedness and operational readiness along borders of the United States. As the Clallam County Sheriff's Office(CCSO) is the award sub-recipient, it is their responsibility to report activity required by the award on such reporting forms as required for reimbursement. This Letter of Understanding(LOU) is made to describe the funding award that shall be passed on to your agency upon receipt of approved reimbursement requests and completed reporting forms. The parties understand the funding amounts allocated in this LOU may only be altered upon approval from the State and the Border Patrol,which would then need to be approved by FEMA. Port Angeles Police Department(PAPD)will receive a maximum award of$186,515.56 for the following category. Overtime: PAPD shall receive a maximum award amount of$186,515.56 for overtime approved under the FFY20 Stonegarden Grant Program. PAPD will be reimbursed for direct costs only of overtime and fringe benefits based on PAPD established overtime guidelines and policies, not to exceed $186,515.56. No reimbursements will be made for expenditures other than approved overtime. PAPD shall abide by all terms and conditions passed on to Clallam County Sheriff's Office as per the Washington State Military Department Contract(#E21-202)attached hereto. PAPD agrees to complete the attached Audit Certification Form and Debarment Certification Form and return them both to Clallam County Sheriff's Office. PAPD agrees to complete all reporting required by Washington State Military Department and Clallam County Sheriff's Office. All Daily Activity Reports(DAR)for overtime must be entered into the Border Patrol HSIN website and approved before seeking reimbursement. A list of all overtime shifts approved in HSIN and the timesheets for those shifts must accompany all overtime invoices sent for reimbursement. The Clallam County Sheriff's Office reserves the right to amend the grant or transfer funding under this LOU to other partner agencies if not used by PAPD during the grant period. This LOU does not affect previous agreements between PAPD and the Clallam County Sheriff's Office. The life of this LOU is dependent on the continuation of the award from Washington State Military Department. This award's performance period commenced March 24, 2021 and will end March 31, 2023. It is further understood that PAPD must submit an invoice along with pertinent documentation to the Clallam County Sheriff's Office in person or by mail: 223 E.41"Street,suite 12, Port Angeles,WA 98362 or by email: ewaknitz@co.clallam.wa.us and that Clallam County Sheriff's Office will reimburse PAPD upon receipt of funds from Washington State Military Department. Date William L. Benedict,Sheriff Date Brian Smith,Chief of Police June 1, 2021 1 - 51 Washington State Military Department IA\e\ HOMELAND SECURITY GRANT PROGRAM AGREEMENT FACE SHEET \>� 1. Subrecipient Name and Address: 2 Grant Agreement Amount: 3. Grant Agreement Number: Clallam,County of $443,625 E21-202 223 East 4O hIce Street,Suite 12 Qwv,4441 lc.-�f�v"" -21))-82 Port Angeles.WA 98362-3000 4. Subrecipient Contact, phone/email 5. Grant Agreement Start Date 6. Grant Agreement End Date. Alice Hoffman,(360)417-2257 September 1,2020 March 31,2023 ahoffman@co.clallam.wa.us 7 Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI#(state revenue): Gary Stumph,(253)612-7483 075739235 054-004-559 gary.stumph@mil.wa.gov 10. Funding Authority: Washington State Military Department(the Department)and the U.S. Department of Homeland Security(DHS) 11 Federal Funding Identification#: 12. Federal Award Date 13. Assistance Listings#(formerly CFDA)#&Title: EMW-2020-SS-00080 08/25/2020 1 97.067 -20HSGP(OPSG) 14. Total Federal Award Amount: 15. Program Index#&OBJ/SUB-OBJ 16. EIN $15,657,838.00 703GA,703GB,703GF,703GZ 91-6001298 17. Service Districts: 18. Service Area by County(ies). 19. Women/Minority-Owned, State BY LEGISLATIVE DISTRICTS: 39,40,42 Clallam Certified: 0 N/A 0 NO BY CONGRESSIONAL DISTRICTS: 2 t ❑ YES, OMWBE# 20. Agreement Classification 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services 0 Public/Local Gov't ❑ Contract 0 Grant 0 Agreement ❑ Research/Development ❑ A/E 0 Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22 Subrecipient Selection Process: 23. Subrecipient Type(check all that apply) 0 "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A 0 Public Organization/Jurisdiction ❑ Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR 0 SUBRECIPIENT ❑ OTHER 24 PURPOSE&DESCRIPTION: The objective of the Federal Fiscal Year(FFY)2020 Homeland Security Grant Program(20HSGP)is to fund state,local,tribal,and territorial efforts to prevent terrorism and prepare the nation for threats and hazards that pose the greatest risk to the security of the United States. 20HSGP provides funding to implement investments that build,sustain,and deliver the core capabilities essential to achieving the National Preparedness Goal of a secure and resilient nation.20HSGP supports core capabilities across the five mission areas of prevention,protection,mitigation,response,and recovery based on allowable costs. HSGP is comprised of three interconnected grant programs: State Homeland Security Program (SHSP), Urban Areas Security Initiative (UASI), and Operation Stonegarden (OPSG). Together, these grant programs fund a range of preparedness activities, including planning, organization,equipment purchase,training,exercises,and management and administration. The Department is the Recipient and Pass-through Entity of the 20HSGP DHS Award Letter for Grant No. EMW-2020-SS-00080,which is incorporated in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced attachments which are hereby incorporated, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); DHS Award Letter(Attachment C), Work Plan(Attachment D), Budget(Attachment E), Timeline(Attachment F);and all other documents,and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement.No other understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations 4.Special Terms and Conditions 2. DHS/FEMA Award and program documents 5 General Terms and Conditions,and, 3. Work Plan,Timeline,and Budget 6.Other provisions of the Agreement incorporated by reference WHEREAS,the parties have executed this Agreement on the day and year 1 spe below. E pEPAR ENT:F FO E 1.1E IPIENT: 5/5/2 Sign t e Date Signature Date Regan Anne Hesse, Chief Financial Officer Mark Ozias, Chair Washington State Military Department Clallam County BOCC BOILERPLATE APPROVED TO FORM: APPROVED AS TO FORM (if applicable): Dawn C. Cortez Assistant Attorney General(08/11/2020) � 04/13/2012 Applica64ys Legal Review Date DHS-FEMA-HSGP-OPSG-FFY20 Pagel of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 52 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Alice Hoffman Name Gary Stumph Title Chief Civil Deputy Title Program Coordinator E-Mail ahoffman@co.cIaIIam.wa.us E-Mail a .stumph mil.wa. ov Phone 360-417-2257 Phone 253-512-7483 Name Elizabeth Waknitz Name Gail Cram Title Administrative Specialist Title Program Manager E-Mail ewaknitz@co.cIaIIarn.wa.us E-Mail gaii.cram@mil.wa.gov Phone 360-417-2393 Phone 253-612-7472 Name Ron Cameron Name Title Undersheriff Title E-Mail rcameron@co.ciallam.wa.us E-Mail Phone 360-417-2459 Phone ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 20HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of "The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year(FY) 2020 Homeland Security Grant Program (HSGP)"document, the FEMA Preparedness Grants Manual document, the DHS Award Letter for Grant No. EMW-2020-SS-00080, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment C. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS &CONTRACTS BY SUBRECIPIENTS a. If the Subrecipient also becomes a pass-through entity by making a subaward to a non-federal entity as its subrecipient,the Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 20HSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330. i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 20HSGP funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 20HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of "The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (Fl) 2020 Homeland Security Grant Program (HSGP)" document, the FEMA DHS-FEMA-HSGP-OPSG-FFY20 Page 2 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 53 Preparedness Grants Manual document, the DHS Award Letter for Grant No. EMW-2020- SS-00080 in Attachment C, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 20HSGP federal award funds provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount(Agreement Face Sheet, Box#2), travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. If the Subrecipient chooses to include indirect costs within the Budget(Attachment E), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VI to 2 CFR 200 must be submitted to the Department Key Personnel. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of ten percent (10%) of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate but must not exceed the approved negotiated indirect cost rate percentage for the time period of the expenditures. If a Subrecipient chooses to charge the ten percent(10%) de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department's Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http,//www.gsa. ov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimburserrients(c�rrail.wa.gov no later than the due dates listed within the Timeline (Attachment F). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department, and federal, state, and local auditors. g. The Subrecipient must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment F) and, once approved, submit those costs on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time DHS-FEMA-HSGP-OPSG-FFY20 Page 3 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 54 for Department review and consideration and may be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date(Agreement Face Sheet, Box#6), and the final reimbursement request must be submitted to the Department within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by either(1) written amendment of this Agreement or(2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's subproject(s). i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non-federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will prohibit the Subrecipient from being reimbursed until such reports are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. For SHSP and UASI Subrecipients, a written amendment will be required if the Subrecipient expects cumulative transfers among subproject totals, as identified in the Budget(Attachment E), to exceed ten percent (10%) of the Grant Agreement Amount. If a Subrecipient has only one subproject, cumulative transfers among solution areas within the subproject that exceed ten percent(10%) of the Grant Agreement Amount shall require an amendment to this Agreement. m. For OPSG Subrecipients, any deviations from the approved budget categories will require additional federal approvals and a written amendment. n. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2, D-3), activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Certification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. d. SHSP Subrecipients must participate in the State's Stakeholder Preparedness Review(SPR), the State's Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls. e. UASI Subrecipients must participate in the UASI SPR and THIRA process. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: DHS-FEMA-HSGP-OPSG-FFY20 Page 4 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 55 i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non- federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. Description of the property; B. Manufacturer's serial number, model number, or other identification number; C. Funding source for the equipment, including the Federal Award Identification Number (FAI N); D. Assistance Listings Number(formerly CFDA number); E. Who holds the title; F. Acquisition date; G. Cost of the equipment and the percentage of federal participation in the cost; H. Location, use and condition of the equipment at the date the information was reported; I. Disposition data including the date of disposal and sale price of the property. V. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well-maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. DHS-FEMA-HSGP-OPSG-FFY20 Page 5 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 56 B. For Equipment: 1) Items with a current per-unit fair-market value of five thousand dollars ($5,000) or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair-market value in excess of five thousand dollars ($5,000) may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six- (6-)year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable categories for 20HSGP are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized-equipment-fist. It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under HSGP, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. For OPSG Subrecipients, equipment purchased with DHS federal award funds is to be marked prominently with "Purchased with DHS funds for Operation Stonegarden Use"when practicable. f. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https://www.fema.gov/environmental-planning-and-historic-preservation-compliance all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be DHS-FEMA-HSGP-OPSG-FFY20 Page 6 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 57 completed and FEMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Attachment B, A.10. b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre-procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates.This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass- through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports; ii. Monitoring and documenting the completion of Agreement deliverables; iii. Documentation of phone calls, meetings (e.g. agendas, sign-in sheets, meeting minutes), e- mails, and correspondence; iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E), and federal requirements; v. Observation and documentation of Agreement-related activities, such as exercises, training, events, and equipment demonstrations; and vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a corrective action plan. 8. LIMITED ENGLISH PROFICIENCY(CIVIL RIGHTS ACT OF 1964 TITLE VI) The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance DHS-FEMA-HSGP-OPSG-FFY20 Page 7 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 58 Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.clov/guidance-published- help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. In order to receive FY 2020 federal preparedness funding, to include 20HSGP, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https://www.fema.gov/media- library/assets/documetns/1 30743. B. HSGP SPECIFIC REQUIREMENTS 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachments D-1, D-2, D-3), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. b. UASI-funded projects must assist high-threat, high-density Urban Areas' efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. c. OPSG-funded projects must enhance cooperation and coordination among Customs and Border Protection, United States Border Patrol, and federal, state, local, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada as well as states and territories with international water borders. State, local, tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG. d. State agencies, including law enforcement, must comply with RCW 43.17.425 and may not use agency funds (including this grant), facilities, property, equipment, or personnel, to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, except as provided in RCW 43.17.425 (3). 2. The Budget (Attachment E) may include the following caps and thresholds: a. If funds are allotted for Management and Administration (M&A), such expenditures must be related to administration of the grant. The maximum percentage of the Grant Agreement Amount DHS-FEMA-HSGP-OPSG-FFY20 Page 8 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 59 that may be used for M&A costs when allocated under this Agreement shall not exceed five percent(5%) but may be less. b. At least twenty-five percent(25%) of the combined HSGP award allocated under SHSP and UASI must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage indicated in the Budget. If the Subrecipient anticipates spending less than the indicated amount, a budget amendment is required. c. The maximum percentage of the Grant Agreement Amount that may be used for personnel expenses under this Agreement is identified in the Budget. If the Subrecipient anticipates spending more on personnel costs, an amendment is required. Additional approval steps may also be required before the personnel percentage can be increased. 3. If funding is allocated to emergency communications, the Subrecipient must ensure that all projects comply with SAFECOI'±r1 GUIdWICe Gn Em(-:r (�11C CnTIIII) ,rkatians Grants ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. Prohibitions on Expending Grant or Cooperative Agreement Funds for Certain Telecommunications and Video Surveillance Services or Equipment: Effective August 13, 2020, DHS/FEMA recipients and subrecipients may not use grant funds under the programs covered by this Manual and provided in FY 2020 or previous years to: a. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain any equipment, system, or service that uses "covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology of any system; or b. Enter into contracts or extend or renew contracts with entities that use "covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of this Manual, applicable appendix to this Manual, and applicable NOFO. DHS/FEMA will publish additional guidance in a subsequent Information Bulletin or similar notice. Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means: a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); b. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); c. Telecommunications or video surveillance services provided by such entities or using such equipment; or d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. 4 If funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center analytical personnel demonstrate qualifications that meet or exceed competencies identified in the DHS-FEMA-HSGP-OPSG-FFY20 Page 9 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 60 Common Competencies for state, local, and tribal Intelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. All training to ensure baseline proficiency in intelligence analysis and production must be completed within six (6) months of hiring unless the analyst has previously served as an intelligence analyst for a minimum of two (2) years. Proof of satisfaction of this requirement must be accessible to the Department Key Personnel as applicable. 5. If funding is allocated to non-DHS FEMA training, the Subrecipient must request prior approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. Pursuant to DHS/FEMA Grant Programs Directorate Policy FP 207-008-064-1, the training must fall within the FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to countering violent extremism prior to attendance. 6 For SHSP and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity Review (NCSR) https:/Iwww.cisecurity.orq/ms-isac/services/ncsr to benchmark and measure progress of improvement in their cybersecurity posture. 7. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events. However, except for an elevated National Terrorism Advisory System alert, prior written approval is required before SHSP and UASI funds may be used for operational overtime. Requests must be submitted to the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met. 8. Subrecipients should document their preparedness priorities and use them to deploy a schedule of preparedness events in a multi-year Training and Exercise Plan(TEP)or an Integrated Preparedness Plan (IPP). Subrecipients are encouraged to participate in the State's annual Training and Exercise Planning Workshop (TEPW)/Integrated Preparedness Planning Workshop (IPPW) or may conduct their own local/regional TEPW/IPPW. Information related to TEPs and Training and Exercise Planning Workshops (TEPWs), as well as information about IPPs and Integrated Preparedness Planning Workshops (IPPWs), can be found on the HSEEP website at https://www.fema.gov/HSEEP and littpsJ/preptoolkit.fema.gov/. C. DHS TERMS AND CONDITIONS As a subrecipient of 20HSGP program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 20HSGP Award Letter and its incorporated documents for DHS Grant No. EMW-2020-SS-00080, which are incorporated in and made a part of this Agreement as Attachment C. DHS-FEMA-HSGP-OPSG-FFY20 Page 10 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 61 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Stakeholders Preparedness Report(SPR)"The SPR is an annual three-step self-assessment of a community's capability levels based on the capability targets identified in the THIRA. f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of"Subrecipient" is the same as in 2 CFR 200.93 for all other purposes. g. "Threat and Hazard Identification and Risk Assessment(THIRA)" The THIRA is a three-step risk assessment. The THIRA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capability gaps during the SPR process. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or(2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC 1_AVV 10-1-336, 42 U.S.0 12-101 E-1- SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES DHS-FEMA-HSGP-OPSG-FFY20 Page 11 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 62 The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGAf~DING DEBARMENT- SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http llmiLwa.govfemergencY-mana_ emcen_t division/grants/reguiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management(hftps://sam,gov/SAMI) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https://secure.ini.wa.gov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' "Debarred Vendor List" (httpd/www.des.wa ov/services/Contracfin Purchasin /Business/Pa esNendor-❑ebarment.as x). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and Subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act(PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act(RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-HSGP-OPSG-FFY20 Page 12 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 63 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients,the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.9 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract provisions. As required by Appendix I I to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and DHS-FEMA-HSGP-OPSG-FFY20 Page 13 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 64 Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part DHS-FEMA-HSGP-OPSG-FFY20 Page 14 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 65 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "Strengthening Buy-American Preferences for Infrastructure Projects," the Department encourages Subrecipients to use, to the greatest extent practicable and consistent with the law, the use of goods, products, and materials produced in the United States in every contract, subcontract, purchase order, or sub-award that is chargeable against federal financial assistance awards. b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature DHS-FEMA-HSGP-OPSG-FFY20 Page 15 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 66 whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of(1) the Department, and (2)the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY—AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT QSHA/WISHA DHS-FEMA-HSGP-OPSG-FFY20 Page 16 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 67 The Subrecipient represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law,the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number(formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the DHS-FEMA-HSGP-OPSG-FFY20 Page 17 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 68 Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORKMORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program- specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term"non-federal entity" means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for DHS-FEMA-HSGP-OPSG-FFY20 Page 18 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 69 information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES, FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION_ FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR LOSS OF FUNDING The DEPARTMENT may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if DHS-FEMA-HSGP-OPSG-FFY20 Page 19 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 70 such funds are the basis for this Grant Agreement. Department will email the Subrecipient ten (10) business days prior to termination. A.33 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination,the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or(2)failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.34 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for(i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv)the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: DHS-FEMA-HSGP-OPSG-FFY20 Page 20 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 71 a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.35 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may use the state of Washington MWBE goals, as identified in WAC 326-30-041. A.36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.37 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-HSGP-OPSG-FFY20 Page 21 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 72 Attachment C FFY20HSGP Award Documents EMW-2020-SS-00080 Award Letter U.S. Department of Homeland Security �r�tt7',y Washington,D.C.20472 m ti 9"(7 Bret Daugherty Washington Military Department Building 20 Camp Murray,WA98430-5122 Re: Grant No.EMW-2020-SS-00060 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY)2020 Homeland Security Grant Program has been approved in the amount of$16,667,838.00. You are not required to match this award with any amount of non-Federal funds. Before you request and receive any ofthe Federalfunds awarded to you,you must establish acceptance of the award. By accepting this award,you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles(attached to this Award Letter) • Obligating Document(attached to this Award Letter) • FY 2020 Homeland Security Grant Program Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https:flportal.fema.gov. Step 2:After logging in,you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu,select the Application sub-menu, and then click the link for"Award Offer Review"tasks.This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench)to reviewthe Award Package and accept or decline the award, Please save or print the Award Package for your records System for Award Management(SAM): Grant recipients are to keep all of their information up to date in SAM,in particular, your organization's name,address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM; therefore,it is imperative thatthe information is correct. The System for Award Management is located at http:i/ ww+,w.saww sa m_�ov. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist(GMS) know as soon as possible.This will help us to make the necessary updates and avoid any interruptions in the payment process. DHS-FEMA-HSGP-OPSG-FFY20 Page 22 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 73 W.� CHRISTOPHER PATRICKLOGAN GPD Assistant Administrator DHS-FEMA-HSGP-OPSG-FFY20 Page 23 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 74 Agreement llicIes Tu e Sep 01 00:00 00 GMT 2020 U.S. Department of Homeland Security Washington,D.C.20472 A'u!VrJq=F . AGREEMENT ARTICLES Homeland Security Grant Program GRANTEE: Washington Military Department PROGRAM: . Homeland Security Grant Program AGREEMENT NUMBER: EMW-2020-SS-00080-S01 TABLE OF CONTENTS Article I Summary Description of Award Article II Activities Conducted Abroad Article III Reporting of Matters Related to Recipient Integrity and Performance Article IV Trafficking Victims Protection Act of 2000 (fVPA) Article V Federal Leadership on Reducing Text Messaging while Driving Article VI Debarment and Suspension Article VI Fly America Act of 1974 Article VIII Americans with Disabilities Act of 1990 Article IX Duplication of Benefits Article X Copyright Article XI Civil Rights Act of 1968 Article X I I Best Practices for Collection and Use of Personally Identifiable Information (PII) Article X I I I Limited English Proficiency(Civil Rights Act of 1964,Title VI) DHS-FEMA-HSGP-OPSG-FFY20 Page 24 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 75 Article XIV Hotel and Motel Fire Safety Act of 1990 Article XV Disposition of Equipment Acquired Under the Federal Award Article XVI Patents and Intellectual Property Rights Article XVII DHS Specific Acknowledgements and Assurances Article XVIII Procurement of Recovered Materials Article XIX Terrorist Financing Article XX Civil Rights Act of 1964-Title VI Article XXI Prior Approval for Modification of Approved Budget Article XXII Acknowledgement of Federal Funding from DHS Article XXIII Acceptance of Post Award Changes Article XXIV Rehabilitation Act of 1973 Article XXV False Claims Act and Program Fraud Civil Remedies Article XXVI Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article XXVII Lobbying Prohibitions Article XXVII I Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX Article XXIX Age Discrimination Act of 1975 Article XXX National Environmental Policy Act Article XXXI Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article XXXII USA PATRIOT Act of 2001 Article XXXIII Non-Supplanting Requirement Article XXXIV Drug-Free Workplace Regulations Article XXXV Universal Identifier and System of Award Management Article XXXVI Reporting Subawards and Executive Compensation DHS-FEMA-HSGP-OPSG-FFY20 Page 25 of 40 Clallam County Sheriffs Office E21-202 June 1, 2021 J - t6 Article XXXVII Energy Policy and Conservation Act Article XXXVIII Whistleblower Protection Act Article XXXIX Federal Debt Status Article XL Use of DHS Seal, Logo and Flags Article XLI Notice of Funding Opportunity Requirements Article XLII SAFECOM Article XLII I Operation Stonegarden Program Hold Article XLIV Funding Hold:SHSP National Priorities Article I-Summary Description of Award The purpose of the FY 2020 HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States, The HSGP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. This HSGP award consists of State Homeland Security Program(SHSP)funding in the amount of$6,731,000, Urban Area Security Initiative(UASI) funding in the amount of$6,250,000, and Operation Stonegarden(OPSG)funding in the amount of$2,676,838. The following counties shall receive Operation Stonegarden subawards for the following amounts:Adams, $75,000"Clallam, $455,000; Ferry, $130,000; Island, $208,386; Jamestown Sklallam Tribe, $80,000; Lower Elwha Tribe, $75,000; Makah, $77,018, Nooksack, $110,262; Okanogan, $250,000; Pend Oreille, $155,232;Quileute, $74,825;San Juan, $165,750;Spokane, $155,250; Stevens, $175,000; Swinomish, $74,115;Whatcom, $416,000. These grant programs fund a range of activities, including planning, organization, equipment purchase,training, exercises, and management and administration across all core capabilities and mission areas. Article II-Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article III-Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this federal award,then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article IV-Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R.section 175.15,the full text of which is incorporated here by reference. Article V-Federal Leadership on Reducing Text Messaging while Driving DHS-FEMA-HSGP-OPSG-FFY20 Page 26 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 77 Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a)of the Order when on official government business or when performing any work for or on behalf of the federal government. Article VI-Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders(E.O.) 12549 and 12689,which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article VII-Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article Vill-Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, Il, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article IX-Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies;to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article X-Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship(including the award number)to any work first produced under federal financial assistance awards. Article XI-Civil Rights Act of 1968 Recipients must comply with Title VI II of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental,financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability,familial status, and sex(see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100.The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units(all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article XII-Best Practices for Collection and Use of Personally Identifiable Information(PII) Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII)as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article XIII-Limited English Proficiency(Civil Rights Act of 1964,Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable DHS-FEMA-HSGP-OPSG-FFY20 Page 27 of 40 Clallam County Sheriffs Office E21-202 June 1, 2021 J - t8 steps to provide meaningful access to persons with limited English proficiency(LEP)to their programs and services For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: WOW www,dhsgovlguidance-published help•department-sup)ported-organizations-provide-meaningful-access- people-limited and additional resources on httu/Mww.leI2.gov, Article XIV-Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U S C section 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U S C section 2225) Article XV-Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub-recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA,you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XVI-Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act,35 U.S.C. section 200 et seq, unless otherwise provided by law Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F R. Part 401 and the standard patent rights clause located at 37 C.F R section 401 14. Article XVII -DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors,transferees,and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information,facilities,and staff. 1 Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS 2. Recipients must give DHS access to, and the right to examine and copy, records,accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel,and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports 4 Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty(30) days of receipt of the Notice of Award or, for State Administering Agencies,thirty(30)days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. After the initial submission for the first award under which this term applies, recipients are required to provide this information once every two(2)years as long as they have an active award, not every time an award is made Recipients should submit the completed tool, including supporting materials, to CivilRightsEvalu_ ioncirhq.dhs.gav This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https:llwww_dhs.aov publication/dhs-dAkrtghts-evaluaton-tool. 6 The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool Recipients should request extensions by emailing the request to CivilRightsEvaluatiorLrx ho,dhs.glo prior to expiration of the 30-day deadline Article XVIII-Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub L. No 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U S.0 section 6962} The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection DHS-FEMA-HSGP-OPSG-FFY20 Page 28 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 79 Agency(EPA)at 40 C F R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XIX-Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism Recipients are legally responsible to ensure compliance with the Order and laws. Article XX-Civil Rights Act of 1964-Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964(codified as amended at 42 U S C. section 2000d et seq.),which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C F R Part 7. Article XXI-Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award,you must request prior written approval,from DHS/FEMA where required by 2 C.F.R Section 200 308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200 308(e)regarding the transfer of funds among direct cost categories, programs, functions, or activities.Therefore,for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold(currently$250,000),you may not transfer funds among direct cost categories, programs,functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent(10%)of the total budget DHS/FEMA last approved You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report(SF-425)you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval Article XXII-Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations,and other documents describing projects or programs funded in whole or in part with federal funds Article XXIII-Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award Please call the FEMA/GMD Call Center at(866)927-5646 or via e-mail to ASF{ :.=�)!D i,iW.ulsguv if you have any questions Article XXIV-Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub L No. 93-112(1973), (codified as amended at 29 U.S.C. section 794,)which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance Article XXV-False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U S C sections 3729-3733,which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U S.0 sections 3801-3812, which details the administrative remedies for false claims and statements made) Article XXVI-Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs DHS-FEMA-HSGP-OPSG-FFY20 Page 29 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 80 Article XXVII-Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXVIII-Education Amendments of 1972(Equal Opportunity in Education Act)-Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318(1972) (codified as amended at 20 U.S,C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F,R. Part 19, Article XXIX-Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135(1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.),which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXX-National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969(NEPA), Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.)and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA,which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social,economic, and other needs of present and future generations of Americans. Article XXXI-Assurances,Administrative Requirements,Cost Principles,Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget(OMB) Standard Form 424B Assurances-Non-Construction Programs, or OMB Standard Form 424D Assurances-Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C F.R Part 3002. Article XXXII-USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. No. 107-56,which amends 18 U.S.C. sections 175-175c. Article XXXIII-Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace(supplant)funds that have been budgeted for the same purpose through non-federal sources. Article XXXIV-Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B(or Subpart C, if the recipient is an individual)of 2 C.F.R. Part 3001,which adopts the Government-wide implementation (2 C F R Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106), Article XXXV-Universal Identifier and System of Award Management DHS-FEMA-HSGP-OPSG-FFY20 Page 30 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 81 Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XXXVI-Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVII-Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163(1975) (codified as amended at 42 U.S.C. section 6201 et seq.),which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXXVIII-Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections(if applicable)at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XXXIX-Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XL-Use of DHS Seal,Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XLI-Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity(NOFO)for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XLII-SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XLIII-Operation Stonegarden Program Hold The recipient is prohibited from drawing down OPSG funding under this award or reimbursing OPSG subrecipients of this award until each unique, specific, or modified county level,tribal, or equivalent Operations Order or Fragmentary Order (Frago) has been reviewed by FEMA/GPD and Customs and Border Protection/United States Border Patrol (CBP/USBP). The recipient will receive the official notification of approval from FEMA/GPD. Article XLIV-Funding Hold:SHSP National Priorities FEMA has placed a funding hold on the following investments under the national priority areas, and$1,346,200 of SHSP funds is on hold in the FEMA financial systems. Until the hold is released,the recipient is prohibited from drawing down funds or reimbursing subrecipients for, and the subrecipients are prohibited from obligating or expending SHSP funds for the costs or activities identified below. The hold only applies to the amount of funds identified for each SHSP investment under the national priority areas below. To release this hold, additional information is required for the investments identified below which must be submitted in the December 2020 Biannual Strategy Implementation Report(BSIR) in a manner consistent with GPD Information Bulletin No. 447. Cybersecurity: $336,550 Soft Targets/Crowded Places: $336,550 DHS-FEMA-HSGP-OPSG-FFY20 Page 31 of40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 82 Information Sharing and Cooperation: $336,550 Emerging Threats: $336,550 If you have questions about this funding hold or believe it was placed in error, please contact the DHS/FEMA Headquarters Preparedness Officer. BUDGET COST CATEGORIES Personnel $466,958.85 Fringe Benefits $140,087.45 Travel $14,076.00 Equipment $0.00 Supplies $9,134.00 Contractual $14,941,867.04 Construction $0.00 Indirect Charges $85,714.66 Other $0.00 DHS-FEMA-HSGP-OPSG-FFY20 Page 32 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 83 Obligolirtg Docutttent for AwartlfAmendment 1 a.AGREEMENT NO. 2.AMENDMENT NO. 3. 4.TYPE OF ACTION 5.CONTROL NO. EMW-2020-SS-00080-SOI *** RECIPIENT AWARD WX03438N2020T, NO. WX03434N2020T, 916001095G WX03435N2020T 6.RECIPIENT NAME AND 7,ISSUING FEMA OFFICE AND 8.PAYMENT OFFICE AND ADDRESS ADDRESS ADDRESS FEMA Finance Center Washington Military FEMA-GPD 430 Market Street Department 400 C Street,SW,3rd floor Winchester,VA 22603 Building 20 Washington,DC 20472-3645 Camp Murray,WA,98430- POC: 866-927-5646 5122 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 253-512-7472 Central Scheduling and Information Desk Gail Cram Phone:800-368-6498 Email:Askcsid@adhs.gov 11.EFFECTIVE DATE OF 12. 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 09/01/2020 OF 09/01/2020 08/31/2023 PAYMENT Budget Period PARS 09/01/2020 08/31/2023 15.DESCRIPTION OF ACTION a.(Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON- NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXXX-XXX-XXXXXX- AWARD THIS AWARD XXXXX-XXXX-XXXX-X ACTION +OR(-) Homeland 97.067 2020-FA-GG02-P410--4101-D $0.00 $2,676,838.00 $2,676,838.00 See Totals Security Grant Program Homeland 97.067 2020-FA-GGOl-P410--4101-D $0.00 $6,731,000AO $6,731,000.00 See Totals Security Grant Program Homeland 97.067 2020-FA-GH01-P410-4101-D $0.00 $6,250,000.00 $6,250,000.00 See Totals Security Grant Program $0.00 $15,657,839.00 $15,657,838.00 $0.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16 a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Homeland Security Grant Program recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE Gail Cram, Sun Sep 13 19:38:31 GMT 2020 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Tue Aug 25 18:08:42 GMT 2020 DHS-FEMA-HSGP-OPSG-FFY20 Page 33 of40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 84 l Q/ k"�r SHENAUZ SUBRINA WONG,Assistance Officer DHS-FEMA-HSGP-OPSG-FFY20 Page 34 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 1 - 85 Attachment D WORK PLAN FFY20 Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) The OPSG Program provides funding to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. State, local, tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG. Per the FY20 Preparedness Grants Manual, responsibilities of the Subrecipient include: • Conduct operations on an as-needed basis throughout the length of the grant performance period; • Integrate law enforcement partners from contiguous counties and towns into their tactical operations to expand the layer of security beyond existing areas; Ensure all required reports, including reports from friendly forces, are submitted to Border Patrol and the State Administrative Agency (SAA), when applicable, in the proper format and within established timeframes; • Ensure applicable OPSG derived data and applicable intelligence is shared with the designated fusion center in the state or high-risk urban areas; • Request instruction and information from the SAA, when applicable, and/or Border Patrol and other Federal law enforcement agencies regarding techniques, methods, and trends used by transnational criminal organizations in the area; • Provide the SAA and Border Patrol a single point of contact that maintains subject-matter expertise in OPSG who can coordinate, collect, and report operational activities within the established reporting procedures; and Assist as required with the coordination, management, and operational aspects of the grant. Attachment E includes the Budget. The Budget consists of the 20OPSG Operation Order Approval Letter and the Personnel Cap Waiver Approval Letter addressed to Adjutant General Daugherty on behalf of the Subrecipient. ® Personnel expenditures will not exceed 50% of the agreement award unless a waiver has been approved by FEMA. Once a Personnel Cap Waiver Approval Letter is received, the Subrecipient will be held to the personnel amount indicated in the letter. Expenditures above the approved amount will not be reimbursed unless and only after a revised approval letter is received from FEMA. • A current approved Indirect Cost Rate Agreement must be provided to the SAA prior to requesting reimbursement of indirect costs. If the approved Indirect Cost Rate Agreement is updated, the updated Agreement must be submitted to the SAA before costs will be reimbursed. OPSG funds shall not be used to supplant inherent routine patrols and law enforcement operations or activities not directly related to providing enhanced coordination between local, state, tribal, and Federal law enforcement agencies. Cumulative transfers between budget categories in excess of 10% of the Grant Agreement amount will not be reimbursed without prior written authorization from the Department. All budget modifications must be validated by USBP concurrence and any applicable approvals. DHS-FEMA-HSGP-OPSG-FFY20 Page 35 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 86 Attachment E BUDGET US,DIpudeet n)f HOMAaud Scant-+ Wwhmpm DC XW-.121 .I. EA March 24,2021 Bret Daugherty Ad3utauat General Washington Military Depaatrment Militia Drive-Building 1 Camp Murray.WA 984-10-5122 Dear Adjutant General Daugherty, Based on the Dep attment of Homeland Secunh%Federal Emergency Iwlanagemeant Agency's (FENLA)Operation Stonegarden Grant Prouam(OPSG)guhdeh nes and special conditions associated with this program.the below refereed Operations.Order as submitted is approved- Opera rions Order-Nw Bi.%BLW-10-01O-Version0 Fiscal Year:2020 Amount Approved:S455e000, Operations Order bates:09131,2020-03�' L� 2'02'3 Recipietic Clallam County Expenditures ftom the Operations Order WORD) that were resnewed and apprmed by FENIA mid U S. Customs and Border ProtectiartnSorder Patrol (CBP) are outlined below, These expewes wLU asist the County in conducting border centric-mtelliPence driven operations%x ith the goat of reduction or elinumbon of threat-ri,,k ands Inerability along our Motion`s barriers. Please see below for all approved costs for ties OPORD, and refer to tlhe OPORD for specific items. Cate ors Amount Overtime: $281,489.90, Fringe: 576-823.33 Equipment: 131,007.59 Fuel: S12.760.00 MAinterahrce: $0, Nfileaee: $3,079.24 Travel: $0 Coi¢w M A: $22,181.25 State M&A: $11,375.00 Indirect Costs: $13,283.69 Total $455.000.00 Please find the below special conditions associated with OPSG and retain this letter for your grant files. If you have urn}questions.please Feel free to contact meat(202)674--1136 FOR OFFICIAL USE ONFLY—LAW ENF'ORC:ENEE T SE:4Sr MF DHS-FEMA-HSGP-OPSG-FFY20 Page 36 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 87 Suicerely, Hugh McCalla on behalf'of Lindsey-Tomes Preparednes,Officer U.S.Department of Homeland Security, Federal Emergency Management Agee-cy Grant Programs Directorate Cc: US.Customs and Border Protection;'Border patrol The following Special Cotiditrons are associated with this Operation Stonegarden award: 1. Construirtion mid construction-q?e achzit es are prolubited. 2. Lethal ar less than lethal forces including. but not hnuted tc: weapons, fargarrtas.amamni:fton and taxers are prohibited. 3. per the P er ronrrgl'F>earr burs omgnrjor IiaWkgence Coopejurion and F.r hancernent f Mt:"i=a Homeland Sscrf,rinl der Tubhc Lan, 1.10-412). the suam of all personnel related expenses shall not exceed 50":, �f the reciprent's allocation without first©btainmf!a,,,,Z er from the ffE`I—k AdninistratOT 4. .$.Il participating agen,caes shall monitor.review and track expenditures of OPSG funds under iradivichaa.il Openttons Orders r,,sued.Pamcipatine agencies Aiall aot obhVte.aid-or encumber OPSG grant funds bey,and the total of their aliocatiara issued by FEMA. 5 The Operations Order ltas been rmiewed asrd appro•�ed under the Enviroamuntal and Historic Preservation Progratm.(EHF")gmdelines as being categoncally excluded from f+uther EHP re new_ 5. Recipients must submit a Letter of justification for.-dl proposed vehicles or equipment items in excess of S l00.000- T ns justification will be reviewed by CBP and FENIA. FOR O MC LkL USE ONLY_LAW ENFORC E]II T SENSTT [-E DHS-FEMA-HSGP-OPSG-FFY20 Page 37 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 1 - 88 U.S.Department of Homeland Security Washington,DC 20472 FEMA October 8, 2020 Bret Daugherty Adjutant General Washington Military Department MS: TA-20 Building 20 Camp Murray, WA 98430-5122 Dear Adjutant General Daugherty: The Federal Emergency Management Agency(FEMA)has reviewed the request submitted by Washington Military Department(WMD)to waive the 50 percent Personnel Cap imposed by Section 2008 of the Homeland Security Act of 2002, Public Law 107-296, as amended(6 U.S.C. § 609). WMD is retaining 2.5 percent for M&A at $66,920.95. The following counties have requested to expend up to 85 percent of their total FY 2020 Operation Stonegarden allocations, award number EMW-2020-SS-00080, on operational overtime and related personnel costs. County FY 2020 OPSG Allocation 85% PCAP Maximum Adams $75,000.00 $63,750.00 Clallam $455,000.00 $386,750.00 Ferry $130,000.00 $110,500.00 Island $208,386.00 $177.128.10 Jamestown Sklallam Tribe $80,000.00 $68,000.00 Lower Elwha Tribe $75,000.00 $63,750.00 Makah $77,018.00 $65,465.30 Nooksack $110,262.00 $93,722.70 Okanogan $250.000.00 $212.500.00 Pend Oreille $155,232.00 $131,947.20 Quileute $74,825.00 $63,601.25 San Juan $165,750.00 $140,887.50 . Spokane $155,250.00 $131,962.50 Stevens $175,000.00 $148,750.00 Swinomish $74,115.00 $62,997.75 Whatcom $416,000.00 $353,600.00 Total $2,676,838.00 $2,275,312.30 This request is consistent with the terms and conditions of the grant award and is necessary for the continued success of border security operations. This request is therefore approved pursuant to the waiver authority provided by 6 U.S.0 §609(b)(2)(B). DHS-FEMA-HSGP-OPSG-FFY20 Page 38 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 J - 89 As a reminder, if any subrecipient's approved or initial revised budget will exceed 85 percent in personnel costs, they are required to submit a waiver request as described in section III.C.3 of Information Bulletin 42lb. Please contact your Preparedness Officer, Lindsey Tomes, at lindsey.tomes@fema.dhs.gov if you have any questions. Sincerely, Stacey N. Street Director Office of Grants Administration Cc : Mike O'Hare, Regional Administrator, Region X Kerry L. Thomas, Director, Preparedness Grants Division Patrick Marcham, Grants Division Director, Region X Virginia Warren,Deputy Director, Preparedness Grants Division Alexander R. Mrazik, Jr., Branch Chief, Preparedness Grants Division Kimberley Marshall, Section Chief, Preparedness Grants Division Lindsey Tomes, Preparedness Officer, Preparedness Grants Division DHS-FEMA-HSGP-OPSG-FFY20 Page 39 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 1 - 90 Attachment F Clallam County Sheriff's Office 20OPSG Timeline Date Task September 1, 2020 Grant Agreement Start Date March 24, 2021 Operations Order approved by FEMA September 1,2021 Estimated date work will begin NLT January 31, 2022 Submit Reimbursement Request NLT April 1, 2022 Submit 2022 Indirect Rate Agreement NLT April 30, 2022 Submit Reimbursement Request NLT July 31, 2022 Submit Reimbursement Request NLT October 31, 2022 Submit Reimbursement Request NLT January 31, 2023 Submit Reimbursement Request In collaboration with U.S. Border Patrol, assess status of award. Determine If additional NLT February 24, 2023 time is needed to complete operations and/or if there is a need to submit a FRAG Order changing the approved Operations Order. March 31, 2023 Grant Agreement End Date. All work ceases. NLT May 15, 2023 Submit Final Reimbursement Request and Closeout Report. Reports are due before final invoice will be reimbursed. Grant Performance Period: September 1, 2020 -August 31, 2023 DHS-FEMA-HSGP-OPSG-FFY20 Page 40 of 40 Clallam County Sheriffs Office, E21-202 June 1, 2021 1 - 91 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 Please read instructions on reverse side before this form. NAME OF ORGANIZATION DATE SUBMITTED Clallam County Sheriffs Office 04/27/2021 PROJECT DESCRIPTION CONTRACT NUMBER FFY 2020 Homeland Security Grant Program (20HSGP) E21-202 1. AUTHORIZING AUTHORITY SIGNATURE PRINT OR TYPE NAME TITLE/TERM OF OFFICE Mark Ozias Chair of the Board 2, AUTHORIZED TO SIGN CONTRACTS/CONTRACT AMENDMENTS SIGNATUjE3E PRINT OR TYPE NAME TITLE Mark Ozias Chair of the Board Rich Sill County Administrator 3. AUTHORIZED TO SIGN REQUESTS FOR REIMBURSEMENT SIGNATURE PRINT OR TYPE NAME TITLE 1 � Alice Hoffman Chief Civil Deputy Jackie Koon Accountant 1\NAC- '•1'(7L�11HOME\KARENB\....\WPISIGNAUTH Revised 3/03 June 1, 2021 J - 92 Washington Military Department Contract Number: E21-202 Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form NAME Doing business as(DBA) Clallam County Sheriffs Office Same ADDRESS Applicable Procurement WA Uniform Business Federal Employer Tax 223 E 4th St, Suite 12 or Solicitation#,if any: Identifier(UBI) Identification#: j Port Angeles, WA 98362 054-004-559 91-6001298 l This certification is submitted as part of a request to contract. Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign andj abide by the terms of this certification, without modification, in order to participate in certain transactions directly or. indirectly involving federal funds. 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9 Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this form. Bidder or Contractor Signature: Date: 04/27/2021 Print Name and Title: Mark Dzias, Chair of thVlBoard June 1, 2021 J - 93 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , U.S, MEMO Date: June 1,2021 To: City Council From: Thomas Hunter,Director ofPublic Works & Utilities Subject: Ranney Well Generator Relocation, Construction Contract,WT-02-20 Summary: The purpose of this memo is to receive City Council approval for a Ranney Well Generator Relocation construction contract to remove the existing back-up 900-kWgenerator from the Ranney Well Facility and replace it with the compatible surplus 750-kW generator from the Elwha Water Treatment Plant(EWTP). Bids were received on May 20,2021. Two contractors submitted bids for the work with Henden Electric Inc., of Kingston,WA the low responsible bidder. Funding: Funds are available in the 2021 Water Utility Capital Facility Budget(452-7388-594-6510) for the Ranney Well Generator Relocation in the amount of$175,000.00. Recommendation: Award a construction contract to Henden Electric Inc.,of Kingston,WA for Ranney Well Generator Relocation,WT-02-20, for the total bid amount of$139,629.57 including taxes; and authorize the City Manager to sign all documents necessary to execute and administer the construction contract for the project and to make minor modifications as necessary. Background / Analysis: The City's primary water source is the Ranney well collector adjacent to the Elwha River. This water supply has provided consistent and reliable water capacity and water quality since service began in 1977. The Ranney collector withdraws river water from nearly 70 feet below the Elwha River; Ranney Well Facility pumps convey that water to the Port Angeles Water Treatment Plant (PAWTP) for treatment and distribution. In 2010,construction of the Port Angeles Water Treatment Plant(PAWTP)included an upgrade to the Ranney Well Facility. Three new 350 HP pumps, a new motor control center, and a generator room were constructed. The Facility's original back-up generator was relocated to the newly constructed generator room and remained in service until 2016 when the unit failed. At that time,the City received repair quotes that were not cost effective for the 40-year-old unit. Following the 2016 failure of the 40-year-old generator,the Ranney Well Facility has been without emergency back-up power.Although several short-duration power outages resulted in water treatment and distribution delays,there have been no customer service disruptions. Currently, a prolonged power outage at the Ranney Well Facility would require the City to use the back- up supply source at the Elwha Surface Water Intake,which has been in service since 2010. This functions as the City's industrial water source and does not produce the same water quality as the "naturally filtered"water from the Ranney Well Facility.Under normal operations,the Elwha Surface Water Intake source is not treated when serving the hatcheries and the paper mill but must be treated if used as a municipal water source. If so,PAWTP Operators would not be able to rely on established treatment protocols,expending more man hours to maintain service continuity. The City will repurpose an unused surplus 750-kW generator from the Elwha Water Treatment Plant (EWTP). Historically,the EWTP operated during periods of high sediment release after the removal of June 1, 2021 J - 94 the Elwha and Glines Canyon Dams. The period of high sediment release has passed, and the plant's operation is not required to maintain service. The Ranney Well Generator Relocation contract includes the following construction components: • Remove the existing 900-kW generator from the generator room at the Ranney Well Facility, • Relocate the 750-kW generator from the EWTP and install into the generator room at the Ranney Well Facility, • Install a new diesel fuel day tank, • Modify the generator exhaust stack to comply with Olympic Region Clean Air Agency(ORCAA) permit conditions, and • Integrate the newly installed equipment with the Ranney Well Facility's SCADA system. Bids were received on May 20,2021 for the Ranney Well Generator Relocation Construction contract. Two contractors submitted bids for this work. Henden Electric Inc.,of Kingston,WA was the low responsible bidder. The total bids 1 eluding taxes, are tabulated in the following table: Contractor Total Cost Henden Electric,Inc - Kingston,WA $139,629.57 Legacy Power Systems - Gig Harbor, WA $180,980.10 Engineers Estimate $130,000.00 -11 Funding Overview: Funds are available in the 2021 Water Utilities Capital Facility Budget(452-7388- 594-6510) for the Ranney Well Generator Relocation in the amount of$175,000.00. June 1, 2021 1 - 95 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: June 1,2021 To: City Council From: Thomas Hunter,Director ofPublic Works & Utilities Subject: Interlocal Procurement Agreement—Clark County,Washington Summary: The purpose of this memo is to receive City Council approval to enter into a Joint Purchasing Agreement with Clark County,Washington. RCW Chapter 39.34 permits local governments to work cooperatively to achieve efficiencies in providing services and facilities for local communities. This agreement will allow the City to take advantage of a chip seal contract currently held by Clark County. Funding: There are no direct funding impacts. Recommendation: Approve the attached Interlocal Procurement Agreement with Clark County, Washington, and authorize the City Manager to sign the Agreement and make minor modifications to the Agreement,if necessary. Background / Analysis: Chip sealing is a cost-effective pavement maintenance procedure; less expensive than asphalt resurfacing and extends the life of existing pavement. As in previous years,the City plans to perform chip sealing to help maintain street pavement integrity.Prior experience has shown the location and small population size of Port Angeles creates a hurdle in acquiring competitive pricing for this specialized work. After completing a formal bidding process that fully complied with Washington State's requirements for public works contracting, Clark County,Washington,executed a contract with Doolittle Construction, LLC,to provide road chip seal work. The Clark County contract has very favorable terms—an estimated cost savings of 40% compared to bids solicited by the City in preceding years. In addition,the Clark County contract includes a"piggy-back"provision. This allows other governmental entities to contract with Doolittle Construction LLC,for chip seal work,using the same terms and conditions as Clark County. Doing so will allow Port Angeles to acquire better pricing and save time and money by eliminating the need for the City to execute a full bid process. To enable Port Angeles to take advantage of the "piggy-back"contracting,Washington statutes and regulations require three things: I. The originating government entity, Clark County in this case,contracts with the private company that expressly provides for piggy-back contracting with other governmental entities. In this instance, Clark County already has done that. 2. Port Angeles has an interlocal agreement with Clark County. The purpose of that agreement is to create a framework to utilize the piggy-back opportunity. The agreement presented to you tonight is that required interlocal agreement. 3. Port Angeles has a construction contract with Doolittle Construction LLC,that details the scope of work to be performed and the price. That contract will come later. The City is requesting to enter into the attached Interlocal Procurement Agreement with Clark County, Washington per RCW Chapter 39.34. Funding Overview: N/A June 1, 2021 J - 96 INTERLOCAL PROCUREMENT AGREEMENT BETWEEN CLARK COUNTY AND CITY OF PORT ANGELES THIS AGREEMENT is made and entered into, by and between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington, and Clark County, WA, a Political Subdivision of the State of Washington, whose business address is 1300 Franklin St, Vancouver WA 98660. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, chapter 39.33 of the Revised Code of Washington provides for the intergovernmental disposition of property; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; -- Now, Therefore, The parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to acknowledge and provide a process to implement the parties' mutual interest to jointly bid on the acquisition of goods and services and/or jointly dispose of property where such mutual effort can be planned in advance, to jointly acquire goods and services, and to purchase or acquire goods and services under contracts where a price is extended by either party's bidder to other governmental agencies. 2. ADMINISTRATION. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. 3. RECORDING AND MAINTENANCE. A copy And the Clark County Purchasing office at 1300 Franklin St, Vancouver WA 98660. 564- 397-2323. Clark County will record this agreement with the Clark County Auditor- Recording And the City of Port Angeles— Public Works and Utilities at 321 E. 5t" Street, Port Angeles, WA 98362. Phone No. 360-417-4541, Email: contracts@cityofpa.us. Record of this agreement will be the responsibility of the City Clerk. 4. SCOPE. This Agreement shall allow the following activities: 1 June 1, 2021 J - 97 A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; and B. Purchase or acquisition of goods and services by each party where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other governmental agencies; and C. Disposal of goods by each party acting as agent for the other, or both parties when agreed to in advance, in writing. 5. DURATION AGREEMENT - TERMINATION. This Agreement shall remain in force until terminated by either party in writing. Either party may terminate this Agreement for any cause upon thirty (30) days advance written notice. Termination shall not alter the obligations of the parties regarding payment and/or disbursal of property in a joint purchase that was undertaken prior to termination. A. Upon termination of this Agreement, the disposal of any goods held by one party for the other party or a third party as agreed to in advance in writing, or to the party for which the it was purchased or acquired, and is being held, at the price agreed upon or contemplated when the goods were purchased or acquired. 6. RIGHT TO CONTRACT INDEPENDENTLY PRESERVED. Each party reserves the right to contract independently for the acquisition of goods or services or disposal of any property without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 7. COMPLIANCE WITH LEGAL REQUIREMENTS. Each party accepts responsibility for its own obligations to comply with federal, state or local laws and regulations including, in particular Bidding requirements applicable to its acquisition of goods and services or disposal of property; neither party is responsible for the legal obligations of the other party. 8. FINANCING. The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is acquired or disposed. Neither party accepts any responsibility for the payment of the acquisition price of any goods or services intended for use by the other party. 9. FILING. Executed copies of this Agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington or alternatively listed on the parties' web sites or other electronically retrievable public source, prior to this Agreement becoming effective. 10. INTERLOCAL COOPERATION DISCLOSURE. Each party may insert in its solicitations for goods and services a provision disclosing that other authorized govern- mental agencies may also wish to procure the goods being offered to the party and 2 June 1, 2021 J - 98 allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 11. NON-DELEGATION/NON-ASSIGNMENT. Neither party may delegate or assign the performance of any contractual obligation, to a third party, unless mutually agreed in writing by both parties to this Agreement. 12. HOLD-HARMLESS. Each party shall be liable and responsible for the conse- quence of any negligent or wrongful act or failure to act on the part of itself and its employees, agents, officials, and contractors. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this Agreement. 13. SEVERABILITY. Any provision of this Agreement, which is prohibited or unen- forceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity or enforcement of such provisions. 14. This Agreement is effective and binding as of the date for the last signature affixed below. CITY OF PORT ANGELES CLARK COUNTY, WASHINGTON By: By: Printed Name: Printed Name: Title: Title: Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: BY: BY: William Bloor Anthony F. Golik City Attorney Clark County Prosecuting Attorney ATTEST: ATTEST: BY: BY: City Clerk Sr. Deputy Prosecuting Attorney 3 June 1, 2021 1 - 99