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HomeMy WebLinkAboutAgenda Packet 10/19/2021 IL_ zmr 7 OCTOBER 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 5:00 p.m. 5:00—5:15 p.m.Council will hold an executive session under authority of RCW 42.30.110(1)(i)to discuss potential litigation with legal counsel. 5:15—5:59 p.m.Council will participate in a Code Compliance Ordinance Work Session Presented by Madrona Law Group Call to Order —Regular Meeting at 6:00 p.m. B. Roll Call,Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Port Angeles Police Department Officer Award 2. Arbor Day Proclamation 3. Resilience Month Proclamation C. Public Comment The City Council desires to allow the opportunity for Public Comment.However,the business of the City must proceed in an orderly and timely manner.Visit hUs://www.cityfpa.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:councilkcityofpa.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 final record.Comments should be received by 2:00 p.m.Tuesday,October 19,2021. For audio only please call 1-844-992-4726 Use access code:2552 422 6969 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 October 19,2021 meeting only. If you are joining in through the Webex link: htips:Hcityofpa.webex.com/cityofpa/onstage/g.php?MTID=ee9d293 efc4c6dbdb73030cc 14b944b 16 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 October 19,2021 Port Angeles City Council Meeting Page 1 necessary to prevent disruption of other necessary business. At its most restrictive,Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period. Individuals may speak for three(3)minutes or less,depending on the number of people wishing to speak.If more than 20 people are signed up to speak each speaker may be allocated two(2)minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first,with preference given to those who wish to speak to an item on the meeting's agenda.If time remains,the presiding officer will call other individuals wishing to speak,generally in the order in which they have signed 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. City Council Minutes of October 5,2021 /Approve.......................................................................................................E-1 2. Expenditure Report:From September 25, 2021 to October 8, 2021 in the amount of$4,130,074.13/Approve............E-5 3. Guardrail Replacement McKinley Paper Mill-Bid Rejection—CON-2021-3 7/Reject the single bid for the Guardrail Replacement McKinley Paper Mill Project, CON-2021-37 and have staff re-bid the work at a later date....................E-22 4. Defibrillator Equipment Fire Department Purchase /Authorize the City Manager to sign a purchase agreement in the amount of approximately$34,891.51, including tax, with Zoll Medical Corporation for the purchase of a Zoll X Series Cardiac Monitor/Defibrillator, and to make minor modifications if necessary............................................................................E-23 5. City of Port Angeles and Clallam County CREW Memorandum of Understanding/Authorize the City Manager to sign the Memorandum of Understanding with the Clallam County..............................................................................................E-28 6. 2021-2023 Local Solid Waste Financial Assistance Agreement Grant/Accept the Local Solid Waste Financial Assistance funding grant for the Moderate Risk Waste Facility operations,Recycling operations and outreach program and authorize the City Manager to execute all documents necessary to approve the grant match in an amount not to exceed$44,317.33 .........................................................................................................................................................................................E-32 F. Public Hearings 16:30 p.m. or Soon Thereafter To provide oral or written public hearing testimony,follow the Public Comment instructions. 1. Municipal Code Re-Envisioning Project-Enforcement Ordinance/Open Public Hearing/Continue Public Hearing F-1 2. 2022 Budget Revenue Sources/Open Public Hearing/Close Public Hearing.............................................................F-30 G. Ordinances Not Requiring Council Public Hearings .........................................................................None H. Resolutions Not Requiring Council Public Hearings .........................................................................None I. Other Considerations 1. AFSCME Local#1619 Collective Bargaining Agreement/Approve and Authorize......................................................I-1 2. Update on the Use of American Rescue Plan Act Funding/Discuss and Authorize contribution...................................I-7 3. Climate Action Plan Green House Gas Inventory Results/Information Only................................................................I-11 J. Contracts & Purchasing 1. Peninsula Behavioral Health Sub-recipient Agreement/Approve..................................................................................J-1 2. Habitat for Humanity American Rescue Plan Sub-recipient Agreement/Approve and Authorize.................................J-14 K. Council Reports L. Information City Manager Reports October 19,2021 Port Angeles City Council Meeting Page 2 M. Second Public Comment Follow the instructions from the first public comment period. 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. October 19,2021 Port Angeles City Council Meeting Page 3 PAMC Re-Envisioning: Code Enforcement Updates PRESENTED BY: ANN MARIE SOTO & RACHEL TURPIN OCTOBER 19, 2021 Presentation Overview ❖Refresher on PAMC Re-Envisioning Project ❖Summary code enforcement and Title 8 amendments ❖Next steps How did we get here? ❖Phase 1 kick-off in September 2020 ❖Phase 1 final report delivered to Council in January 2021 ❖Phase 2 kick-off February 2021 ❖Phase 2 report with Phase 3 recommendations end of May 2021 ❖One-on-one meetings with council in June/July ❖Open House July 13, 2021 ❖Surveys July/August ❖Start of amendment drafting August/September ❖Council update September 28, 2021 ❖Code enforcement and Title 8 amendments workshop and first reading October 19, 2021 Summary of Changes ❖New “code enforcement” chapter with procedures for enforcement of all non-criminal/non- infraction violations of the PAMC ❖Some of these procedures previously found in Ch. 8.30 PAMC, Nuisances ❖Updates to Ch. 8.05 PAMC, Junk Vehicles, and Ch. 8.30 PAMC, Nuisances to address consistency, syntax, and current/preferred practices ❖Repeal Ch. 8.08 PAMC, Food and Food Establishments ❖Outdated and unused chapter of the code ❖Food and restaurants regulated by public health authorities ❖Repeal Ch. 8.24 PAMC, Disposal of Dead Animals and incorporate into PAMC 7.01.045, Disposal of animal carcasses ❖Minor amendments to other PAMC sections for cross-referencing Code Enforcement Process Process Overview Complaint received Investigate Request for Voluntary Compliance Notice of Violation/Infraction VCA Appeal Compliance Abatement Action Complaint Received/Investigation ▪Code Enforcement is largely complaint driven ▪Capacity of code enforcement program dependent on number of City FTEs assigned ▪Authority to enforce rests with the City Manager and designees ▪Ex. PD, Fire Dept., Planning and Building, PW, Parks ▪Determine whether civil or criminal ▪Inspect from public places or with permission ▪No administrative search warrants ▪Document, with time stamped photos if possible Warnings & Requests for Compliance ▪Determine Person Responsible ▪Ex. owner, tenant, property manager, others ▪Joint and several liability ▪No duty to go after all potential responsible persons, although notice should be given to owner if not otherwise the “responsible person” ▪Attempt to secure voluntary correction ▪Give a reasonable time for compliance ▪Can be verbal or in writing ▪Not required to take any particular action or take action in any particular order Voluntary Correction Agreements (VCA) ▪Contract between the City and a person responsible for the violation under which that person agrees to abate violations within a specified time and according to specified conditions ▪Whether to enter into a VCA is within the City’s sole discretion ▪Must be in writing and contain: ▪The name and address of the person responsible for the violation; ▪Property address or description identifying where violation has occurred/is occurring; ▪A description of the violation and a reference to the regulations that have been violated; ▪An acknowledgement that the violations described in the VCA exist, and waiving the right to a hearing; ▪The corrective action to be taken, the date or time by which correction must be completed; ▪Provision for right of entry by the city to inspect for compliance; ▪Provision that if the terms of the VCA are not met, the city may abate and recover costs, expenses and penalties; and ▪Signatures of the person responsible for the violation and the code enforcement officer. Options For Noncompliance ▪Issuance of stop work, no occupancy, or other emergency orders ▪Suspension, revocation, limitation, or denial of related permits ▪Issuance of a Notice of Violation that includes: ▪The name and address of a person responsible; ▪Property address or description identifying where violation is occurring; ▪A description of the violation and a reference to code provisions violated; ▪A reasonable time for compliance; ▪A statement regarding violator’s response options (appeal/pay fine/request VCA/etc.); ▪A statement that failure to respond or to request a hearing shall result in the violation(s) being deemed committed, and that the penalty will be imposed; ▪A statement that the city may seek its costs in any abatement action taken; and ▪A statement that payment of a penalty does not relieve the duty to abate the violation, and that failure to abate may result in additional enforcement and penalties. Appeals to Hearing Examiner ▪Can appeal Notice of Violation or Stop Work Order within 15 days of service ▪Hearing Examiner presides over the hearing ▪City has the burden of proof by a preponderance of the evidence ▪Hearing Examiner’s rules of procedure apply ▪Hearing Examiner has the authority to: ▪Affirm, vacate, or modify a notice of violation;and ▪Affirm, vacate, or modify a penalty assessment Penalties ▪Civil violations = $250/violation/day ▪Penalties may be doubled if: ▪Repeat violation ▪Violation resulted in physical harm to persons or another’s property ▪Violation was knowing or deliberate ▪Violation resulted from gross negligence or reckless conduct ▪Additional $250 penalty for violations of environmentally sensitive area provisions ▪Penalties may be waived or reduced based on specific criteria ▪City may send to collections Litigation ▪Appeal of hearing examiner’s decision within 21 days to King County Superior Court ▪City can file a nuisance abatement action in Clallam Superior Court without going through entire administrative process ▪TRO and preliminary/permanent injunctions options for time sensitive violations Nuisances What is a nuisance? ▪A nuisance is an unreasonable interference with another person’s use and enjoyment of property or unlawful use of property that results in material annoyance, inconvenience, discomfort, or injury to another person or to the public. ▪Can involve doing something (such as maintaining a junk yard residential property) or failing to do something (failing to remove overhanging vegetation which obstructs pedestrians or traffic). ▪Common nuisances include: accumulation of junk, animals, noise, dangerous buildings, sewage and unsanitary conditions, and encroachments on the public right-of-way that interfere with pedestrian passage. ▪Focus on reasonableness. Requires a balancing of rights, interests, and convenience. ▪Essentially, this means a fee simple owner does not have free reign to do whatever he/she desires. Authority to regulate nuisances ❖State law provide cities the authority to “declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist” (RCW 35.22.280(30); RCW 35.23.440(10); RCW 35A.21.160) ❖Specific statutes authorizing specific types of abatement ◦RCW 35.21.310 –vegetation removal ◦Chapter 35.80 RCW –unfit dwellings, buildings and structures ◦RCW 7.48.120 through 7.48.905 -Public Nuisances ◦RCW 46.55.240 -Towing and Impoundment of Junk vehicles What does Port Angeles regulate? Next Steps NEXT STEPS –TENTATIVE SCHEDULE ❖October 19, 2021: Code enforcement ordinance 1st reading ❖November 3, 2021: Code enforcement ordinance 2nd reading and adoption ❖November/December: Drafts of next set of amendments to staff •Fee Schedule and related provisions in Title 3* •Title 1 •Title 5 (Business licenses,short term rentals,special events) •Criminal code and Title 9 •Code relating to boards and commissions Questions? AnnMarie@MadronaLaw.com Rachel@MadronaLaw.com www.MadronaLaw.com CITY COUNCIL MEETING Port Angeles, Washington October 5, 2021 This meeting was held virtually CALL TO ORDER SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Members Present: Mayor Dexter,Council Members French,Meyer,McCaughan, Schromen-Wawrin and Suggs. Members Absent: Deputy Mayor Carr. Staff Present: City Manager West,Attorney Bloor,Clerk Martinez-Bailey. EXECUTIVE SESSION A closed session,under authority of RCW 42.30.140(4),to discuss collective bargaining with an employee organization and a closed Executive Session under RCW 42.30.110(1)(i)to discuss potential litigation with legal counsel. Council moved to a separate virtual meeting room for Executive Session for approximately 59 minutes. The Executive Session convened at 5:00 p.m. ADJOURNMENT Mayor Dexter adjourned the Special Meeting at 5:59 p.m. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Carr, Council Members French, Meyer, McCaughan, Schromen- Wawrin and Suggs. Members Absent: Deputy Mayor Carr. Staff Present: City Manager West,Attorney Bloor,Clerk Martinez-Bailey,C. Delikat,K. Dubuc,B. Smith, A. Brekke,T.Hunter, S. Carrizosa,and A.Fountain. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. PUBLIC COMMENT No public comment was received. CONSENT AGENDA Council member McCaughan asked the Mayor to consider moving I-1 and Council member Meyer asked the Mayor to consider moving J-1,both to the consent Agenda. Hearing no objection,the Mayor moved the items to the Consent Agenda as items E-9 and E-10. It was moved by McCaughan and seconded by Schromen-Wawrin to approve the Consent Agenda to include: 1. City Council Minutes of September 21,2021/Approve. 2. Expenditure Report:From September 22, 2021 and September 24, 2021 in the amount of$1,728,375.46/ Approve. 3. Facility Use Agreement with Red Cross/Approve and authorize the City Manager to sign the Facility Use Agreement with the Red Cross for the use of the Senior Center Community Center and the Vern Burton Community Center for disaster relief activities. October 19, 2021 E - 1 PORT ANGELES CITY COUNCIL MEETING—October 5,2021 4. Beach Nourishment Final Acceptance/Accept the Landfill Beach Nourishment Project CON 2021-28 as complete, and authorize staff to proceed with project closeout, and release the retainage bond upon receipt of all required clearances. 5. Laurel Street Substation Switch Gear Replacement/Accept the Laurel Street Substation Switchgear Electrical Upgrade 2019 Contract(CON-2019-32)as complete and authorize staff to proceed with project closeout and release of the retainage bond upon receipt of required clearances. 6. Police Department Equipment Purchase/Authorize the purchase of$30,652.82 from ProForce Law Enforcement for less lethal equipment(the Bolawrap system) that allows officers to safely restrain and take non-compliant persons into custody while meeting the requirements of HB 1054 and HB 1310. 7. Golf Course Pavement Repair Final Acceptance/Accept the Golf Course Road Paving Project CON 2021-16 as complete, and authorize staff to proceed with project closeout, and release the retainage bond upon receipt of all required clearances. 8. 2021 Power Line Tree Trimming,Contract Award/Approve an amendment to the contract with Joaquin's Tree Expert Company,Inc.,for the City's 2021 Tree Trimming Contract CON-2021-07, to increase the contract amount by$41,400.00,for a new total amount not to exceed$166,400.00, including taxes;and authorize the City Manager to execute all documents needed to implement and administer the contract and to make minor modifications to the contract, if necessary. 9. ITEM MOVED FROM I-1 Utility Advisory Committee At Large Member Appointment I Appoint Mr. Robert Kajfasz to fill the Citizen-At-Large position on the Utility Advisory Committee to fill the open Citizen-At-Large position with a term ending February 28, 2025. 10. ITEM MOVED FROM J-1 Renewal of Enterprise Agreement for Microsoft Licensing and Subscriptions/ Approve and authorize the City Manager to sign the three-year Microsofi Enterprise Agreement and approve payment to the State contracted reseller, SHI,for the City's 2022, 2023 and 2024 Microsoft Enterprise licensing and subscriptions in the amount of$185,983.12 per year, including taxes,for a three-year total cost of $557,949.36 and to make minor modifications as needed. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 6-0. CEREMONIAL MATTERS,PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Indigenous Peoples'Day Mayor Dexter read a proclamation celebrating the second Monday of October as Indigenous Peoples'Day and invited Lower Elwha Klallam Tribe Chairwoman Frances Charles to speak. Chairwoman Charles thanked the City Council for the recognition and spoke about positive changes taking place in the community relative to indigenous people. OTHER CONSIDERATIONS 1. Serenity House Board City Manager Nathan West introduced the agenda item and noted background information had been provided in the Council memo along with an outline of the various boards the Council sits on in addition to their roles as City Council members. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Suggs to: Add Serenity House Board of Directors to the City Council Committee, Board or Commission Assignments and appoint Councilmember Suggs to the assignment,with an alternative member to be determined in January. It was moved by Schromen-Wawrin and seconded by French to: Table the motion until the first meeting in December. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 6-0. PUBLIC HEARINGS 2. Stormwater,Electric and Solid Waste Rates Finance Director Sarina Carrizosa presented the proposed ordinances and reminded Council they were before them for a second reading along with a continuation of the public hearing. She noted there hadn't been any changes since the first reading. Director Carrizosa reminded Council there were no changes to the rates or services in the solid waste utility. Council discussion followed. Page 2 of 4 October 19, 2021 E - 2 PORT ANGELES CITY COUNCIL MEETING—October 5,2021 The Mayor continued the public hearing at 6:43 p.m.,hearing no public comment,the Mayor closed the public hearing. Mayor Dexter conducted a second reading of the ordinance by title,entitled, ORDINANCE NO.3679 AN ORDINANCE of the City of Port Angeles,Washington amending sections of Chapter 13.12 of the Port Angeles Municipal Code relating to electric utility rates. ORDINANCE NO.3680 AN ORDINANCE of the City of Port Angeles,Washington amending sections of Chapter 13.63 of the Port Angeles Municipal Code relating to stormwater-utility and regulations. It was moved by French and seconded by Schromen-Wawrin to: Adopt the ordinances as read. After a roll call vote,the motion carried 5-1 with Meyer opposed. The Mayor recessed the meeting for a break at 6:58 p.m. The meeting reconvened at 7:00 p.m. CITY COUNCIL REPORTS Council member French spoke about his attendance at recent Lodging Tax Advisory Committee and Chamber of Commerce meetings. Council member Schromen-Wawrin spoke about his attendance at the City's Audit Exit Conference, a resiliency planning meeting,Orca Recovery Day Tree Planting event through the Clallam Conservation District,the Washington Low-Incoming Housing Alliance conference, and a Washington State Transit Association conference. Council member Suggs spoke about her attendance at the Clallam Council Solid Waste Advisory Committee meeting. Council member McCaughan spoke about his attendance at the Solid Waste Advisory Committee and Peninsula Area Public Access meetings. Council member Meyer said he is looking forward to the upcoming virtual Washington State Transit Association conference along with Council member Schromen-Wawrin. Mayor Dexter spoke about Peninsula College students returning to classes and spoke about attending meetings with Governor Inslee and members of community organizations who gathered to discuss Clallam County Covid response. No other reports were given. INFORMATION Manager West spoke about the work done by Composite Recycling Technology Center during his recent visit, an upcoming Planning Commission public hearing on MAKERS code work, and reminded Council of the upcoming budget work session. Manager West stated there was a need for an executive session meeting. SECOND PUBLIC COMMENT No public comment was received. EXECUTIVE SESSION Attorney Bloor announced the Executive Session would be held under authority of RCW 42. 30. 110(1)(i)to discuss potential litigation with legal counsel with no action to follow. Attorney Bloor stated Council would meet for approximately 15 minutes. At 7:18 p.m., the Council moved to the virtual Executive Session meeting room. The executive session was adjourned 7:38. Page 3 of 4 October 19, 2021 E - 3 PORT ANGELES CITY COUNCIL MEETING—October 5,2021 ADJOURNMENT The Mayor returned to the open session meeting and adjourned the meeting at 7:40 p.m. Kate Dexter,Mayor Kari Martinez-Bailey,City Clerk Page 4 of 4 October 19, 2021 E - 4 CITY OFPORT NGELES WASHINGTON, U. SA. MEMO October 19, 2021 Finance Department We, the undersigned, City Officials of the City of Port Angeles, dui hereby certify that the merchandise and/or services herein specified halve been, received) and that these claii mws are approved for payment in the amount of Saar-inuu Can-izcNt $4,130,074.1 this 1 th day of October, 2021.. u mince Dircmor I aina Mc1Ccc Senior Accountant nai7&ae French Mayor City Manager Senior Acca:au IrIjant n...iatalaa Fth risaty Financial Systems Analyst Melody Sclancider ftinawtgement Accountant Pwnrcanr Rose hrnamncW Anls"sl :looms Perkins Payroll Specialist Jason Jones Ae couanla:nt Julie Powell Accounting Technician I.,rtkc Anr'e saran Accouun6ng mcchna criataa Nicole Blank Ad Analyst Katlaycllen Haney Clusanrxrcw Sera ices maltirget. ra'uacy P.a'wks (Aility Billing Specialist City of Port Angeles City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount WA STATE PATROL AUGUST 2021 FINGERRPRINT 001-0000-229.50-00 66.25 WASHINGTON (DOL), STATE OF AUGUST 2021 CPL FEES 001-0000-229.60-00 234.00 Division Total: $300.25 Department Total: $300.25 LEMAY MOBILE SHREDDING MANAGEMENT SERVICES 001-1230-514.41-50 128.20 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 78.35 City Clerk Division Total: $206.55 City Manager Department Total: $206.55 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 195.03 OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 126.48 Accounting Division Total: $321.51 EQUIFAX FINANCIAL SERVICES 001-2025-514.41-50 83.28 SWAIN'S GENERAL STORE INC FIRST AID &SAFETY EQUIP. 001-2025-514.31-11 141.05 Customer Service Division Total: $224.33 QUADIENT RENTAL/LEASE EQUIPMENT 001-2070-518.45-30 2,178.12 Reprographics Division Total: $2,178.12 Finance Department Total: $2,723.96 LEXISNEXIS LEXISNEXIS AUG. RESEARCH 001-3030-515.49-01 379.71 City Attorney Division Total: $379.71 City Attorney Department Total: $379.71 CASCADIA CONSULTING GROUP, MISC PROFESSIONAL SERVICE 001-4060-558.41-50 2,642.50 INC. MAKERS ARCHITECTURE& URBAN CONSULTING SERVICES 001-4060-558.41-50 2,000.00 DESIGN SOUND PUBLISHING INC PUBLICATION/AUDIOVISUAL 001-4060-558.41-15 61.62 PUBLICATION/AUDIOVISUAL 001-4060-558.41-15 52.43 PUBLICATION/AUDIOVISUAL 001-4060-558.41-15 183.28 Planning Division Total: $4,939.83 CLALLAM CNTY ECONOMIC DEV CONSULTING SERVICES 001-4071-558.41-50 10,000.00 CNCL Economic Development Division Total: $10,000.00 Community Development Department Total: $14,939.83 LEXISNEXIS LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 54.40 Police Administration Division Total: $54.40 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 12.20 MISC TRAVEL POWLESS-WSNIA BUILDING EN 001-5021-521.43-10 177.50 Page 1 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 5 City of Port Angeles City Council Expenditure Report 4` Between Sep 25, 2021 and Oct 8, 2021 xWr.,Y Vendor Description Account Number Amount MISC TRAVEL DROPP-WHIA CONF 2021 001-5021-521.43-10 96.25 E SMITH-WHIA CONF 2021 001-5021-521.43-10 96.25 MALONE-WHIA CONF 2021 001-5021-521.43-10 96.25 POWLESS-WHIA CONF 2021 001-5021-521.43-10 27.50 Investigation Division Total: $505.95 BEST FRIEND NUTRITION FEED,BEDDING,VIT-ANIMALS 001-5022-521.49-80 88.12 CURTIS&SONS INC, L N CLOTHING &APPAREL 001-5022-521.31-11 1,374.14 DAY WIRELESS SYSTEMS FUEL,OIL,GREASE, & LUBES 001-5022-521.48-10 67.02 TESTING&CALIBRATION SERVI 001-5022-521.48-10 957.44 GALLS CLOTHING&APPAREL 001-5022-521.31-11 92.48 CLOTHING&APPAREL 001-5022-521.31-11 503.68 CLOTHING&APPAREL 001-5022-521.31-11 18.49 CLOTHING&APPAREL 001-5022-521.31-11 221.69 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 11.47 SHIPPING AND HANDLING 001-5022-521.42-10 11.47 SHIPPING AND HANDLING 001-5022-521.42-10 39.01 OLYMPIC MEDICAL CENTER HEALTH RELATED SERVICES 001-5022-521.49-90 113.50 OLYMPIC PENINSULA COMMUNITY MISC PROFESSIONAL SERVICE 001-5022-521.41-50 9,500.00 CLINIC QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 43.51 SHORE POLYGRAPH SERVICES SECURITY,FIRE,SAFETY SERV 001-5022-521.41-50 300.00 SOUND UNIFORM CLOTHING&APPAREL 001-5022-521.31-11 (21.76) SOLUTIONS/BRATWEAR CLOTHING&APPAREL 001-5022-521.31-11 525.50 CLOTHING&APPAREL 001-5022-521.31-11 477.09 SWAIN'S GENERAL STORE INC FIRST AID &SAFETY EQUIP. 001-5022-521.31-80 34.75 LAWN MAINTENANCE EQUIP 001-5022-521.35-01 143.42 VIKING SEW&VAC MISCELLANEOUS SERVICES 001-5022-521.31-11 52.22 MISCELLANEOUS SERVICES 001-5022-521.31-11 43.52 WILDER TOYOTA INC MISCELLANEOUS SERVICES 001-5022-521.41-50 43.52 Patrol Division Total: $14,640.28 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 47.44 COMPUTER ACCESSORIES&SUPP 001-5029-521.31-01 19.18 COMPUTER ACCESSORIES&SUPP 001-5029-521.31-01 56.66 OFFICE SUPPLY,INKS,LEADS 001-5029-521.31-01 28.39 SALE SURPLUS/OBSOLETE 001-5029-521.31-01 35.89 Page 2 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 6 City of Port Angeles City Council Expenditure Report ytl r Y Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 41.09 WAPRO HUMAN SERVICES 001-5029-521.43-10 65.00 HUMAN SERVICES 001-5029-521.43-10 65.00 Records Division Total: $358.65 Police Department Total: $15,559.28 OFFICE DEPOT SUPPLIES 001-7010-532.31-01 69.56 SCHUNZEL, STEVEN THOMAS DATA PROC SERV&SOFTWARE 001-7010-532.41-50 450.00 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 001-7010-532.31-01 95.64 Public Works Admin. Division Total: $615.20 Public Works&Utilities Department Total: $615.20 MISC EMPLOYEE EXPENSE HEALTHCOACHCERT RENEWAL W 001-8012-555.43-10 118.95 REIMBURSEMENT PERSONAL TRAINER CERT REN 001-8012-555.43-10 118.95 TRAINING-AGING&EXERCISE/R 001-8012-555.43-10 19.95 TRAIN ING-CREATNG SUCCESSF 001-8012-555.43-10 19.95 TRAINING-MOVING W/ATHRITI 001-8012-555.43-10 19.95 Senior Center Division Total: $297.75 ANGELES MILLWORK& LUMBER SUPPLIES 001-8050-536.31-20 (38.07) SUPPLIES 001-8050-536.31-20 58.01 SOUND PUBLISHING INC SUPPLIES 001-8050-536.41-15 650.00 SWAIN'S GENERAL STORE INC SUPPLIES 001-8050-536.31-20 42.89 Ocean View Cemetery Division Total: $712.83 ANGELES MILLWORK& LUMBER SUPPLIES 001-8080-576.31-20 54.77 SUPPLIES 001-8080-576.31-01 232.82 SUPPLIES 001-8080-576.31-20 143.17 SUPPLIES 001-8080-576.31-20 51.96 BAXTER AUTO PARTS#15 SUPPLIES 001-8080-576.31-20 113.13 BILL'S PLUMBING & HEATING INC SUPPLIES 001-8080-576.45-30 95.00 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8080-576.31-20 97.92 FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 55.89 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8080-576.31-01 232.86 HEARTLINE SUPPLIES 001-8080-576.31-40 252.42 L& L TOOL SPECIALTIES SUPPLIES 001-8080-576.31-20 15.19 MISC EMPLOYEE EXPENSE ELI HAMMEL CDL LICENSE RE 001-8080-576.49-90 106.68 REIMBURSEMENT NAPA AUTO PARTS SUPPLIES 001-8080-576.31-20 136.00 Page 3 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 7 - ...g City of Port Angeles ` City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount O'REILLY AUTO PARTS SUPPLIES 001-8080-576.31-01 27.19 PORT ANGELES POWER SUPPLIES 001-8080-576.31-01 25.48 EQUIPMENT SUPPLIES 001-8080-576.31-01 15.45 SUPPLIES 001-8080-576.31-01 26.03 RAINBOW SWEEPERS, INC SUPPLIES 001-8080-576.45-30 788.80 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 64.79 SUPPLIES 001-8080-576.31-20 6.97 SUPPLIES 001-8080-576.31-20 23.84 SUPPLIES 001-8080-576.31-20 21.62 SUPPLIES 001-8080-576.31-01 156.56 Parks Facilities Division Total: $2,744.54 Parks &Recreation Department Total: $3,755.12 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8112-555.31-20 50.05 OTIS ELEVATOR COMPANY INC SUPPLIES 001-8112-555.48-10 3,650.20 UNITED RENTALS NORTHWEST INC SUPPLIES 001-8112-555.31-20 3,733.39 Senior Center Facilities Division Total: $7,433.64 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8131-518.31-20 (51.53) HI-TECH ELECTRONICS INC SUPPLIES 001-8131-518.48-10 391.55 NAPA AUTO PARTS SUPPLIES 001-8131-518.31-20 44.63 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-01 30.40 THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 148.49 SUPPLIES 001-8131-518.31-20 626.99 Central Svcs Facilities Division Total: $1,190.53 Facilities Maintenance Department Total: $8,624.17 General Fund Fund Total: $47,104.07 HURRICANE RIDGE WINTER MISC PROFESSIONAL SERVICE 101-1430-557.41-50 10,000.00 SPORTS CLUB PORT ANGELES CHAMBER OF CONSULTING SERVICES 101-1430-557.41-50 7,755.32 COMM Lodging Excise Tax Division Total: $17,755.32 Lodging Excise Tax Department Total: $17,755.32 Lodging Excise Tax Fund Total: $17,755.32 AMAZON CAPITAL SERVICES SUPPLIES 102-7230-542.31-01 (30.95) SUPPLIES 102-7230-542.31-01 30.95 ANGELES MILLWORK& LUMBER HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 32.61 Page 4 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 8 - ...g City of Port Angeles ` City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount ANGELES MILLWORK& LUMBER HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 379.05 PAINTS,COATI NGS,WALLPAPER 102-7230-542.31-20 94.56 PLASTICS 102-7230-542.31-01 106.06 FAIRCHILD FLOORS FLOOR COVERING, INSTALLED 102-7230-542.31-20 616.39 FASTENAL INDUSTRIAL PAINTS,COATING S,WALLPAPER 102-7230-542.31-01 91.34 HEARTLINE ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 40.26 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 1,526.46 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 313.34 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 993.89 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 608.08 MISC EMPLOYEE EXPENSE CDL REIMBURSEMENT 102-7230-542.49-90 102.00 REIMBURSEMENT OFFICE DEPOT SUPPLIES 102-7230-542.31-01 2.14 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 21.24 SWAIN'S GENERAL STORE INC SUPPLIES 102-7230-542.31-20 39.04 FIRST AID &SAFETY EQUIP. 102-7230-542.31-01 485.90 TRAFFIC SAFETY SUPPLY CO HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 43.26 MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 714.13 METALS,BARS,PLATES,RODS 102-7230-542.31-25 2,579.55 METALS,BARS,PLATES,RODS 102-7230-542.31-25 274.54 TRANSPO GROUP CONSULTING SERVICES 102-7230-542.41-50 3,552.50 Street Division Total: $12,616.34 Public Works-Street Department Total: $12,616.34 Street Fund Total: $12,616.34 CAPTAIN T'S CLOTHING &APPAREL 107-5160-528.20-80 162.00 FORTINO, SONDRA MARIE MISC PROFESSIONAL SERVICE 107-5160-528.41-50 1,727.64 INSIGHT PUBLIC SECTOR DATA PROC SERV&SOFTWARE 107-5160-528.48-10 11,390.60 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 107-5160-528.31-01 123.29 WA STATE PATROL COMPUTER SOFTWARE FOR MIN 107-5160-528.41-50 1,200.00 WAPRO WAPRO CONF REGISTRATION 107-5160-528.43-10 65.00 Pencom Division Total: $14,668.53 Pencom Department Total: $14,668.53 Pencom Fund Total: $14,668.53 PENINSULA HOUSING AUTHORITY MISC PROFESSIONAL SERVICE 172-4130-559.41-50 250,000.00 PA Housing Rehabilitation Division Total: $250,000.00 Page 5 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 9 City of Port Angeles " City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount PA Housing Rehabilitation Department Total: $250,000.00 PA Housing Rehab Proj Fund Total: $250,000.00 TYLER TECHNOLOGIES, INC DATA PROC SERV&SOFTWARE 310-5950-594.64-10 21,542.40 DATA PROC SERV&SOFTWARE 310-5950-594.65-10 348.16 DATA PROC SERV&SOFTWARE 310-5950-594.65-10 9,574.40 DATA PROC SERV&SOFTWARE 310-5950-594.65-10 348.16 Homeland Security Division Total: $31,813.12 Public Safety Projects Department Total: $31,813.12 PACIFIC SURVEYING & ENGINEERING SERVICES 310-8985-594.65-10 ENGINEERING SVC Misc Parks Projects Division Total: $1,250.00 Capital Proj-Parks& Rec Department Total: $1,250.00 Capital Improvement Fund Total: $33,063.12 EXELTECH CONSULTING INC ARCH ITECTURAL&ENGINEERING 312-4160-595.65-10 25,000.00 TANGRAM DESIGN ARCH ITECTURAL&ENGINEERING 312-4160-595.65-10 7,400.00 Capital Project-Planning Division Total: $32,400.00 PA Housing Rehabilitation Department Total: $32,400.00 INTERWEST CONSTRUCTION, INC. CONSTRUCTION SERVICES,HEA 312-7930-595.65-10 821,887.80 PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 7,377.28 WASHINGTON (DOT), STATE OF PW CONSTRUCTION & RELATED 312-7930-595.65-10 986.19 GF-Street Projects Division Total: $830,251.27 Capital Projects-Pub Wks Department Total: $830,251.27 Transportation Benefit Fund Total: $862,651.27 A/R MISCELLANEOUS REFUNDS DIFF OF EST VS ACT 401-0000-213.10-90 3,492.54 ATHENS TECHNICAL SPECIALISTS ELECTRICAL EQUIP& SUPPLY 401-0000-237.00-00 (1,068.32) COLUMBIA PRECAST PRODUCTS, ELECTRICAL EQUIP &SUPPLY 401-0000-141.42-00 6,336.51 LLC MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 13.53 FINAL BILL REFUND 401-0000-122.10-99 24.30 FINAL BILL REFUND 401-0000-122.10-99 27.60 FINAL BILL REFUND 401-0000-122.10-99 41.75 FINAL BILL REFUND 401-0000-122.10-99 42.20 FINAL BILL REFUND 401-0000-122.10-99 66.13 FINAL BILL REFUND 401-0000-122.10-99 70.74 FINAL BILL REFUND 401-0000-122.10-99 81.46 Page 6 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 10 City of Port Angeles � n City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 82.96 FINAL BILL REFUND 401-0000-122.10-99 186.17 FINAL BILL REFUND 401-0000-122.10-99 262.66 FINAL BILL REFUND 401-0000-122.10-99 376.97 FINAL BILL REFUND 401-0000-122.10-99 13.81 FINAL BILL REFUND 401-0000-122.10-99 22.44 FINAL BILL REFUND 401-0000-122.10-99 37.32 FINAL BILL REFUND 401-0000-122.10-99 77.78 FINAL BILL REFUND 401-0000-122.10-99 90.59 FINAL BILL REFUND 401-0000-122.10-99 184.47 FINAL BILL REFUND 401-0000-122.10-99 558.23 FINAL BILL REFUND 401-0000-122.10-99 567.67 FINAL BILL REFUND 401-0000-122.10-99 64.83 FINAL BILL REFUND 401-0000-122.10-99 16.21 FINAL BILL REFUND 401-0000-122.10-99 72.20 FINAL BILL REFUND 401-0000-122.10-99 633.98 WESCO DISTRIBUTION INC FASTENERS, FASTENING DEVS 401-0000-141.41-00 377.97 ELECTRICAL EQUIP &SUPPLY 401-0000-141.41-00 2,284.80 Division Total: $15,039.50 Department Total: $15,039.50 AMAZON CAPITAL SERVICES FIRST AID &SAFETY EQUIP. 401-7111-533.31-01 173.60 DLT SOLUTIONS, LLC MEMBERSHIPS 401-7111-533.48-02 3,474.16 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 401-7111-533.31-01 127.63 Engineering-Electric Division Total: $3,775.39 BPA-POWER WIRES ELECTRICAL EQUIP &SUPPLY 401-7120-533.33-10 1,014,852.00 MISC ONE-TIME VENDORS RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 479.64 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 566.58 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 570.96 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 638.68 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 836.01 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 971.03 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 1,010.52 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 1,076.22 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 1,229.62 RENEWABLE ENERGY ANNUAL I 401-7120-533.49-86 1,232.00 Page 7 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 11 City of Port Angeles City Council Expenditure Report X4 ` Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount MISC ONE-TIME VENDORS RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,402.71 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,415.19 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,467.03 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,516.83 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,523.35 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,607.51 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,651.50 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,683.00 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,760.47 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 1,829.59 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 2,022.55 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 2,328.47 RENEWABLE ENERGY ANNUAL 1 401-7120-533.49-86 2,722.32 Power Systems Division Total: $1,046,393.78 AMAZON CAPITAL SERVICES COMPUTER ACCESSORIES&SUPP 401-7180-533.34-02 44.64 COMPUTER ACCESSORIES&SUPP 401-7180-533.35-01 484.74 ANGELES MILLWORK& LUMBER CLOTHING ACCESSORIES(SEE 401-7180-533.31-01 77.47 ATHENS TECHNICAL SPECIALISTS ELECTRICAL EQUIP& SUPPLY 401-7180-533.35-01 13,208.32 BILL'S PLUMBING & HEATING INC RENTAL/LEASE EQUIPMENT 401-7180-533.45-30 190.00 RENTAL/LEASE EQUIPMENT 401-7180-533.45-30 190.00 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 367.20 HAND TOOLS ,POW&NON POWER 401-7180-533.35-01 11.69 FARE COLLECTION EQUIP&SUP 401-7180-533.31-01 399.84 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 401-7180-533.31-60 1,157.37 DESIGNER DECAL, INC MARKERS, PLAQUES,SIGNS 401-7180-533.34-02 309.05 MARKERS, PLAQUES,SIGNS 401-7180-533.34-02 309.06 HOME DEPOT PRO-SUPPLYWORKS PAINTS,COATINGS,WALLPAPER 401-7180-533.31-01 75.65 INTERMOUNTAIN LOCK& FARE COLLECTION EQUIP&SUP 401-7180-533.31-01 390.48 SECURITY SPLY LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 105.76 MATT'S TOOLS USA, LLC APPLIANCES, HOUSEHOLD 401-7180-533.35-01 183.81 MISC EMPLOYEE EXPENSE MEAL TICKET 401-7180-533.31-01 19.00 REIMBURSEMENT MEAL TICKET 401-7180-533.31-01 19.00 MEAL TICKET 401-7180-533.31-01 38.00 MEAL TICKET 401-7180-533.31-01 38.00 Page 8 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 12 - ...g City of Port Angeles ` City Council Expenditure Report al Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount MURREY'S DISPOSAL CO, INC BUILDING MAINT&REPAIR SER 401-7180-533.47-10 197.19 BUILDING MAINT&REPAIR SER 401-7180-533.47-10 487.39 OLDCASTLE PRECAST, INC ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 2,685.18 OLYMPIC PARTY&CUSTODIAL PLASTICS 401-7180-533.31-01 41.20 SUPPLIES JANITORIAL SUPPLIES 401-7180-533.31-01 92.99 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 118.27 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 174.16 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 2.31 HAND TOOLS ,POW&NON POWER 401-7180-533.35-01 11.32 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 191.51 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 87.21 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 196.54 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 405.49 ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 115.29 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 750.00 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 401-7180-533.31-01 21.73 FASTENERS, FASTENING DEVS 401-7180-533.31-01 0.49 WEST COAST CODE CONSULTING SERVICES 401-7180-533.41-50 467.50 CONSULTANTS Electric Operations Division Total: $23,664.85 Public Works-Electric Department Total: $1,073,834.02 Electric Utility Fund Total: $1,088,873.52 A&A ROCK, INC. ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 1,030.97 AMAZON CAPITAL SERVICES RADIO &TELECOMMUNICATION 402-7380-534.31-01 27.14 ANGELES MILLWORK& LUMBER PAINTS,COATI NGS,WALLPAPER 402-7380-534.31-20 53.72 SUPPLIES 402-7380-534.35-01 12.60 SUPPLIES 402-7380-534.31-20 67.89 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 402-7380-534.41-50 207.00 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 162.00 FAIRCHILD FLOORS FLOOR COVERING, INSTALLED 402-7380-534.31-20 616.41 FASTENAL INDUSTRIAL FIRST AID &SAFETY EQUIP. 402-7380-534.31-01 192.51 FASTENERS, FASTENING DEVS 402-7380-534.31-20 999.97 FEDERAL EXPRESS CORP Shipping Charges 402-7380-534.42-10 40.45 Shipping Charges 402-7380-534.42-10 27.87 FOWLER COMPANY, H D PIPE FITTINGS 402-7380-534.31-20 280.59 Page 9 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 13 City of Port Angeles ` City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount HACH COMPANY WATER&SEWER TREATING CHEM 402-7380-534.31-01 270.06 HEARTLINE SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 89.22 HOME DEPOT PRO-SUPPLYWORKS SUPPLIES 402-7380-534.31-01 (628.69) SUPPLIES 402-7380-534.31-01 628.69 MISC TRAVEL HUNTER-WATER INFRA CONF/E 402-7380-534.43-10 348.00 MURRAYSMITH INC. CONSULTING SERVICES 402-7380-534.41-50 11,935.50 OFFICE DEPOT SUPPLIES 402-7380-534.31-01 45.84 SUPPLIES 402-7380-534.31-01 17.08 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 70.54 SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 239.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 46.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 239.00 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 402-7380-534.31-01 173.97 SHOES AND BOOTS 402-7380-534.31-01 195.70 FASTENERS, FASTENING DEVS 402-7380-534.31-20 1.29 FASTENERS, FASTENING DEVS 402-7380-534.31-20 1.68 THURMAN SUPPLY PIPE FITTINGS 402-7380-534.31-20 32.20 Water Division Total: $17,424.20 GROVES CRANE CO RENTAL/LEASE EQUIPMENT 402-7382-534.41-50 538.56 JACOBS ENGINEERING GROUP CONSULTING SERVICES 402-7382-534.41-50 17,191.47 Industrial Water Treatmnt Division Total: $17,730.03 Public Works-Water Department Total: $35,154.23 Water Utility Fund Total: $35,154.23 ICE QUBE INC AIR CONDITIONING& HEATNG 403-0000-237.00-00 (333.56) NCL NORTH CENTRAL CHEMICAL LAB EQUIP &SUPP 403-0000-237.00-00 (55.61) LABORATORIES Division Total: ($389.17) Department Total: ($389.17) ANGELES MILLWORK&LUMBER SUPPLIES 403-7480-535.31-20 47.27 SUPPLIES 403-7480-535.31-20 33.04 BEAVER EQUIPMENT SPECIALTY STEAM & HOT WATER FITTING 403-7480-535.31-20 5,703.24 CO, INC CUES MISCELLANEOUS SERVICES 403-7480-535.45-30 36.66 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 80.00 EJ USA, INC WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 1,030.78 Page 10 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 14 - ...g City of Port Angeles ` City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount ENVIRONMENTAL RESOURCE ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 144.34 ASSN FASTENAL INDUSTRIAL PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 17.83 FEDERAL EXPRESS CORP Shipping Charges 403-7480-535.42-10 62.41 GRANICH ENGINEERED EQUIP MAINT& REPAIR SERV 403-7480-594.64-10 38,893.82 PRODUCTS INC EQUIPMENT MAINTENANCE,REC 403-7480-535.48-10 3,508.80 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 403-7480-535.31-20 682.52 ICE QUBE INC AIR CONDITIONING & HEATNG 403-7480-535.31-20 4,124.07 JOHNSON CONTROLS SECURITY SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 456.96 SOLUTIONS SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 297.20 SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 321.15 MISC EMPLOYEE EXPENSE MEAL REIMBURSEMENT 403-7480-535.31-01 38.00 REIMBURSEMENT NAPA AUTO PARTS PAINTS,COATI NGS,WALLPAPER 403-7480-535.31-01 45.10 NCL NORTH CENTRAL CHEMICAL LAB EQUIP &SUPP 403-7480-535.31-01 687.60 LABORATORIES OFFICE DEPOT SUPPLIES 403-7480-535.31-01 1.70 POLYDYNE INC WATER&SEWER TREATING CHEM 403-7480-535.31-05 3,496.60 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 275.13 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 403-7480-535.31-20 158.55 FOODS:PERISHABLE 403-7480-535.31-01 (33.35) FOODS:PERISHABLE 403-7480-535.31-01 33.56 JANITORIAL SUPPLIES 403-7480-535.31-01 108.48 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 18.53 PIPE FITTINGS 403-7480-535.31-20 9.82 WATER ENVIRONMENT MEMBERSHIPS 403-7480-535.49-01 900.00 FEDERATION Wastewater Division Total: $61,179.81 Public Works-WW/Stormwtr Department Total: $61,179.81 Wastewater Utility Fund Total: $60,790.64 SWAIN'S GENERAL STORE INC RADIO &TELECOMMUNICATION 404-7538-537.35-01 195.82 SUPPLIES 404-7538-537.31-01 51.59 WASTE CONNECTIONS, INC BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 437,662.78 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,437.61 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.45-30 5,367.27 ENVIRONMENTAL&ECOLOGICAL 404-7538-582.75-10 45,851.19 Page 11 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 15 City of Port Angeles City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7538-592.83-10 16,927.54 BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 433,121.07 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,437.61 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.45-30 5,367.27 ENVIRONMENTAL&ECOLOGICAL 404-7538-582.75-10 46,080.45 ENVIRONMENTAL&ECOLOGICAL 404-7538-592.83-10 16,698.28 SW-Transfer Station Division Total: $1,010,198.48 SOLID WASTE SYSTEMS, INC RENTAL/LEASE EQUIPMENT 404-7580-537.45-30 11,803.44 RENTAL/LEASE EQUIPMENT 404-7580-537.45-30 11,839.94 RENTAL/LEASE EQUIPMENT 404-7580-537.45-30 12,383.31 SOUND PUBLISHING INC LIBRARY SERVICES(EXCL 908 404-7580-537.41-15 166.40 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 67,749.26 ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 67,627.71 Solid Waste-Collections Division Total: $171,570.06 ANGELES MILLWORK& LUMBER AUTO&TRUCK MAINT. ITEMS 404-7585-537.31-20 16.69 Solid Waste-Landfill Division Total: $16.69 Public Works-Solid Waste Department Total: $1,181,785.23 Solid Waste Utility Fund Total: $1,181,785.23 ANGELES MILLWORK& LUMBER HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 119.30 SUPPLIES 406-7412-538.44-10 137.58 CLALLAM CNTY DEPT OF COMM LAB EQUIP,BIO,CHEM,ENVIR 406-7412-538.41-50 1,272.24 DEV CLALLAM CNTY DEPT OF HEALTH LAB EQUIP,BIO,CHEM,ENVIR 406-7412-538.41-50 540.00 LAB EQUIP,BIO,CHEM,ENVIR 406-7412-538.41-50 540.00 CONTECH CONSTRUCTION PW CONSTRUCTION & RELATED 406-7412-538.31-20 1,060.80 PRODUCTS, INC FERGUSON ENTERPRISES INC PIPE FITTINGS 406-7412-538.31-20 555.34 LEITZ FARMS, INC FEED,BEDDING,VIT-ANIMALS 406-7412-538.31-20 71.61 AUTO &TRUCK MAINT. ITEMS 406-7412-538.31-01 82.30 OFFICE DEPOT SUPPLIES 406-7412-538.31-01 0.95 OSBORN CONSULTING, INC CONSULTING SERVICES 406-7412-538.41-50 14,741.95 SWAIN'S GENERAL STORE INC FIRST AID &SAFETY EQUIP. 406-7412-538.31-01 120.34 Stormwater Division Total: $19,242.41 Public Works-WW/Stormwtr Department Total: $19,242.41 Stormwater Utility Fund Total: $19,242.41 Page 12 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 16 - ...g City of Port Angeles ` City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount AIR FLO HEATING COMPANY INC CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 BILL MAIR HEATING &AIR, INC CITY REBATE 421-7121-533.49-86 500.00 DAVE'S HEATING &COOLING SVC CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 MATHEWS GLASS CO INC CITY REBATE 421-7121-533.49-86 324.00 PENINSULA HEAT INC CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 Conservation Division Total: $5,824.00 Public Works-Electric Department Total: $5,824.00 Conservation Fund Total: $5,824.00 EXELTECH CONSULTING INC ENGINEERING SERVICES 452-7388-594.65-10 8,699.69 ENGINEERING SERVICES 452-7388-594.65-10 3,282.36 ENGINEERING SERVICES 452-7388-594.65-10 45,902.19 ENGINEERING SERVICES 452-7388-594.65-10 1,511.56 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 452-7388-594.65-10 200.00 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 452-7388-594.65-10 3,630.00 Water Projects Division Total: $63,225.80 Public Works-Water Department Total: $63,225.80 Water Utility CIP Fund Total: $63,225.80 KENNEDY/JENKS CONSULTANTS CONSULTING SERVICES 453-7488-594.65-10 14,218.13 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 453-7488-594.65-10 200.00 Wastewater Projects Division Total: $14,418.13 Public Works-WW/Stormwtr Department Total: $14,418.13 Wastewater Utility CIP Fund Total: $14,418.13 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 454-7588-594.65-10 200.00 PARADIGM SOFTWARE, LLC EQUIP MAINT& REPAIR SERV 454-7588-594.65-10 39,403.65 Solid Waste Coll Projects Division Total: $39,603.65 Public Works-Solid Waste Department Total: $39,603.65 Solid Waste Utility CIP Fund Total: $39,603.65 DAILY JOURNAL OF COMMERCE COMMUNICATIONS/MEDIA SERV 456-7688-594.65-10 Page 13 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 17 - ...g City of Port Angeles City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount KPFF CONSULTING ENGINEERS CONSULTING SERVICES 456-7688-594.65-10 200.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 456-7688-594.65-10 143.78 Stormwater Util CIP Projs Division Total: $708.83 Public Works Department Total: $708.83 Stormwtr Util Projects Fund Total: $708.83 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 5,185.78 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 5,904.08 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 4.25 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 6.27 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 12.53 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 6.27 GCR TIRES &SERVICE AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 522.15 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 8.83 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 44.17 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 2.93 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 66.93 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 8.83 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 39.65 OWEN EQUIPMENT AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 147.69 PAPE-KENWORTH NORTHWEST, AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 1,448.71 INC AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 52.22 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 91.18 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 10.27 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 40.95 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 62.04 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 333.44 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 282.74 SCARFF FORD, INC BELTS AND BELTING 501-0000-141.40-00 139.06 SETINA MFG CO INC POLICE EQUIPMENT& SUPPLY 501-0000-141.40-00 1,197.08 SIX ROBBLEES' INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 93.68 SOLID WASTE SYSTEMS, INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 2,248.01 WESTERN PETERBILT INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 228.32 Division Total: $18,188.06 Department Total: $18,188.06 ALTEC INDUSTRIES, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 592.49 Page 14 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 18 City of Port Angeles 1 City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount ANGELES MILLWORK&LUMBER AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 7.42 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 8.09 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 173.14 PRODUCTS, INC BAXTER AUTO PARTS#15 BELTS AND BELTING 501-7630-548.34-02 9.40 BICKFORD FORD INC. AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 564.94 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 43.41 EXTERNAL LABOR SERVICES 501-7630-548.34-02 36.88 EVERGREEN COLLISION CENTER AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 219.34 EXTERNAL LABOR SERVICES 501-7630-548.34-02 761.60 FAR-WEST MACHINE & AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 86.05 HYDRAULICS AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 882.67 FREIGHTLINER NORTHWEST AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 425.43 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 1,149.60 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 (425.43) HEARTLINE AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 131.59 HUGHES FIRE EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 416.55 JC RETAIL TOOLS AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 153.28 LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 62.89 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 980.46 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 1,075.86 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 1,579.76 EXTERNAL LABOR SERVICES 501-7630-548.34-02 65.26 EXTERNAL LABOR SERVICES 501-7630-548.34-02 159.93 EXTERNAL LABOR SERVICES 501-7630-548.34-02 138.84 LINCOLN INDUSTRIAL CORP AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 123.49 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 130.65 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 73.35 O'REILLY AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 601.94 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 210.03 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 194.65 OWEN EQUIPMENT AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 1,133.54 Page 15 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 19 - ...g City of Port Angeles ` City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount PRICE FORD LINCOLN EXTERNAL LABOR SERVICES 501-7630-548.34-02 251.24 SAFETY-KLEEN SYSTEMS AUTO&TRUCK MAINT. ITEMS 501-7630-548.49-90 293.00 Equipment Services Division Total: $12,639.43 Public Works Department Total: $12,639.43 Equipment Services Fund Total: $30,827.49 ILAND INTERNET SOLUTIONS DATA PROC SERV&SOFTWARE 502-0000-237.00-00 (1,015.61) CORP Division Total: ($1,015.61) Department Total: ($1,015.61) ILAND INTERNET SOLUTIONS DATA PROC SERV&SOFTWARE 502-2081-518.48-02 12,556.61 CORP PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 502-2081-518.45-31 2,723.42 SHI INTERNATIONAL CORP DATA PROC SERV&SOFTWARE 502-2081-518.48-02 324.66 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 301.16 Information Technologies Division Total: $15,905.85 Finance Department Total: $15,905.85 Information Technology Fund Total: $14,890.24 REDACTED Disability Board-Sept 503-1631-517.46-35 20.00 Disability Board-Sept 503-1631-517.46-35 34.52 Disability Board-Sept 503-1631-517.46-35 1,325.72 Disability Board-Sept 503-1631-517.46-35 2,318.60 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 124.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 127.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 130.60 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 140.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 Page 16 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 20 - ...g City of Port Angeles ` City Council Expenditure Report Between Sep 25, 2021 and Oct 8, 2021 Vendor Description Account Number Amount REDACTED REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 407.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 619.50 Other Insurance Programs Division Total: $6,909.44 Self Insurance Department Total: $6,909.44 Self-Insurance Fund Total: $6,909.44 REDACTED REIMBURSE MEDICARE-SEPT 602-6221-517.46-35 127.00 REIMBURSE MEDICARE-SEPT 602-6221-517.46-35 132.50 Fireman's Pension Division Total: $259.50 Fireman's Pension Department Total: $259.50 Firemen's Pension Fund Total: $259.50 CHAPTER 13 TRUSTEE Case#21-10696 920-0000-231.56-90 358.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 605.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 23,513.46 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 72,168.95 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 86,311.20 ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 20,265.10 JOHN HANCOCK LIFE INSURANCE PAYROLL SUMMARY 920-0000-231.52-25 2,228.70 CO LEOFF PAYROLL SUMMARY 920-0000-231.51-21 31,932.97 OFFICE OF SUPPORT PAYROLL SUMMARY 920-0000-231.56-20 260.76 ENFORCEMENT PERS PAYROLL SUMMARY 920-0000-231.51-10 581.02 PAYROLL SUMMARY 920-0000-231.51-11 14,148.74 PAYROLL SUMMARY 920-0000-231.51-12 71,202.97 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 1,907.50 PAYROLL SUMMARY 920-0000-231.54-10 1,883.00 UNITED WAY(PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 235.00 WSCFF/EMPLOYEE BENEFIT PAYROLL SUMMARY 920-0000-231.53-20 2,100.00 TRUST Division Total: $329,702.37 Department Total: $329,702.37 Payroll Clearing Fund Total: $329,702.37 Total for Checks Dated Between Sep 25, 2021 and Oct 8,2021 $4,130,074.13 Page 17 of 17 Oct 14, 2021 8:56:12 AM October 19, 2021 E - 21 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: October 19,2021 To: City Council From: Thomas Hunter,Director ofPublic Works & Utilities Subject: Guardrail Replacement McKinley Paper Mill- Bid Rejection—CON-2021-37 Summary: The purpose of this memo is to reject the single bid received for the Guardrail Replacement McKinley Paper Mill Project(CON-2021-37). This project will replace the guardrail fronting Marine Drive,installed 2019, and now damaged beyond repair.Bids were opened on September 9,2021; Dirt and Aggregate Interchange,Inc. of Fairview, OR was the single responsive bidder. The bid of$35,900.00 was over 3.5 times higher than the planned contract budget. This work will be re-bid later. Funding: Funds are available in the approved 2021 Street budget account 102-7230-542-4810 in the amount of$10,000.00. Recommendation: Reject the single bid for the Guardrail Replacement McKinley Paper Mill Project, CON-2021-37 and have staff re-bid the work at a later date. Background / Analysis: One of the Marine Drive guardrails installed in 2019, as part of the Marine Drive Channel Bridge Repair Project to maintain essential services on Ediz Hook,is damaged beyond repair. This guardrail fronts the McKinley Paper Mill and was damaged by a semi-truck delivering to the Mill. The project will remove and replace the damaged existing guardrail. Saskatchewan Government Insurance Company,through McKinley Paper,will reimburse the City for the repair. Notice of the bid opportunity was advertised through the Municipal Research and Services Center (MRSC)Rosters on August 30,2021. Bids were opened on September 9,2021,Dirt and Aggregate Interchange,Inc. of Fairview, OR was the single responsive bidder. The bid of$35,900.00 significantly exceeded the planned contract budget. The single high bid is attributed to a lack of availability during the summer season for contractors to perform this specialized work. This work will be re-bid at a later date. Funding Overview: The total available project funds amount to $10,000.00, approved in the 2021 Streets budget account 102-7230-542-4810. October 19, 2021 E - 22 .;G� POR-T-ANGELES CITY COUNCIL WASH I N G T O N , U.S, MEMO Date: October 19, 2021 To: City Council From: Ken Dubuc,Fire Chief Subject: Cardiac Defibrillator/Monitor Purchase Summary: The Fire Department utilizes cardiac monitor/defibrillators to monitor the electrical activity of a patient's heart, and if needed, to defibrillate the patient's heart. The Department needs to replace one of its oldest cardiac monitor/defibrillators that is past its useful life. This replacement will provide our paramedics with the ability to treat patients with the latest technology available. Funding: Funding is from existing reserves in a revolving Capital Facilities Fund account established to enable defibrillator purchases. Recommendation: Authorize the City Manager to sign a purchase agreement in the amount of approximately$34,891.51,including tax,with Zoll Medical Corporation for the purchase of a Zoll X Series Cardiac Monitor/Defibrillator, and to make minor modifications if necessary. Background / Analysis: Each medic unit and first-out fire engine carries a cardiac monitor/defibrillator. This specialized equipment is designed to monitor the electrical activity of a patient's heart, and if needed, defibrillate the patient's heart. Newer generation monitors/defibrillators are also provided with 12-lead monitoring and the ability to measure the oxygen saturation in a patient's blood as well as provide cardiac pacing when needed. The Department needs to replace its oldest cardiac monitor/defibrillator. This replacement will allow paramedics to treat patients with the latest technology. The piece of equipment that is replaced will be utilized by the Community Paramedics. Our cardiac monitor/defibrillators are manufactured by Zoll Medical Corporation. Zoll does not sell through alternative distribution channels, so the Department is making this purchase through National Purchasing Partners (NPP). The City has an existing interlocal agreement with NPP. Zoll has provided a letter documenting the fact that they are the sole-source for this equipment. If approved, the Department will purchase a Zoll X-Series cardiac monitor/defibrillator, for the amount of$34,891.51 from Zoll Medical Corporation per the attached purchase agreement. Funding Overview: Funding is from an existing CFP account established to enable defibrillator purchases. These funds have been restricted through management directive for replacement of the defibrillators. This expenditure is included in the CFP approved by Council on June 15, 2021. October 19, 2021 E - 23 269 Mill Road Chelmsford,MossochuseRs 01 8 24-4 1 05 ZOLL& 978-421 9655(main) 978-42 1 0025(fax) www.zoll.Com 10/6/2021 Kelly Ziegler Port Angeles Fire 102 North 5th Street Anacortes, WA 98362 Dear Kelly: We appreciate your selection of ZOLL®products. This letter serves as confirmation that ZOLL® Medical Corporation at 269 Mill Road in Chelmsford, Massachusetts, is the sole manufacturer and source of X Series® and X Series Advanced Defibrillators for the EMS Market. ZOLL® or Amy Turley, Territory Manager, will not sell an X Series® and X Series Advanced Defibrillator to Port Angeles Fire, through any vendor or dealer and no vendor or dealer is authorized to provide warranty or service. Should you have any questions or require additional information please contact me at 800-348-9011 x 9439. Sincerely, idy Tocfg ski Jody Podgurski Contracts Specialist 2021-09-20 v.; October 19, 2021 E - 24 ZOLL Medical Corporation Worldwide HeadQuarters OLL@ 269 Mill Rd Chelmsford, Massachusetts 01824-4105 TO: Port Angeles Fire (978)421-9655 Main 102 N 5th Street (800)348-9011 Anacortes, WA 98362 (978)421-0015 Customer Support FEDERAL ID#:04-2711626 Attn: Kelly Ziegler QUOTATION 398980 V:2 DATE: October 05,2021 email: kziegler(cilcityofPa.us TERMS: Net 30 Days Tel: 360-417-4650 FOB: Shipping Point FREIGHT: Free Freight ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 1 6 0 1- 2 2 2 1 0 1 1- 0 1 X Series®Manual Monitor/Defibdilator 1 $38,393.25 $30,565.50 $30,565.50 with 4 trace tri-mode display monitor/defibrillator/printer, comes with Real CPR Help®,advisory algorithm,advanced communications package(Wi-Fi, Bluetooth, USB cellular modem capable)USB data transfer capable and large 6.5"(16.5cm)diagonal screen, full 12 ECG lead view with both dynamic and static 12-lead mode display. Accessories Included: • MFC cable • MFC CPR connector • A/C power adapter/battery charger • A/C power cord • One(1)roll printer paper • 6.6 Ah Li-ion battery • Carry case • Declaration of Conformity • Operator's Manual • Quick Reference Guide •One(1)-year EMS warranty Advanced Options: Real CPR Help Expansion Pack CPR Dashboard quantitive depth and rate in real time, release indicator,interruption timer,perfusion performance indicator(PPI) •See-Thru CPR artifact filtering ZOLL Noninvasive Pacing Technology: To the extent that ZOLL and Customer,or Customer's Representative have negotiated and executed overriding terms and conditions("Overriding T's&C's"),those terms and conditions would apply to quotation.In all other cases,this quote is made subject to ZOLL's Standard Commercial Terms and Conditions("ZOLL T's&C's")which for capital equipment,accessories and consumables can be found at httu://Nvw.zoll.com/GTC and for software products can be found at httu://Nvw.zoll.couilSSPTC and for hosted software products can be found at httn://ivww.zoll.com/SSHTC. Except in the case of overriding T's and C's,any Purchase Order("PO")issued in response to this quotation will be deemed Amy Turley to incorporate ZOLL T's&C's,and any other terms and conditions presented shall have no force or EMS Territory Manager effect except to the extent agreed in writing by ZOLL. 253-820-5490 1.DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2.PRICES QUOTED ARE VALID FOR 60 DAYS. 3.APPLICABLE TAX,SHIPPING&HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015 OR EMAIL TO ESALES@ZOLL.COM. 6.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. October 19, 2021 E - 25 Page 1 of 3 ZOLL Medical Corporation Worldwide HeadQuarters OLL@ 269 Mill Rd Chelmsford, Massachusetts 01824-4105 TO: Port Angeles Fire (978)421-9655 Main 102 N 5th Street (800)348-9011 Anacortes, WA 98362 (978)421-0015 Customer Support FEDERAL ID#:04-2711626 Attn: Kelly Ziegler QUOTATION 398980 V:2 DATE: October 05,2021 email: kziegler(cilcityofPa.us TERMS: Net 30 Days Tel: 360-417-4650 FOB: Shipping Point FREIGHT: Free Freight ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE Masimo Pulse O)dmetry SP02 •Signal Extraction Technology(SET) • Rainbow SET NIBP Welch Allyn includes: • Smartcuff 10 foot Dual Lumen hose • SureBP Reusable Adult Medium Cuff End Tidal Carbon Dioxide monitoring(ETCO2) Oridion Microstream Technology: Order required Microstream tubing sets separately Interpretative 12-Lead ECG: • 12-Lead one step ECG cable-includes 4-Lead limb lead cable and removable precordial 6-Lead set 2 8 0 0 0- 0 3 3 0 Sp02 Rainbow Reusable Patient Cable:Connects to LNCS 1 $303.85 $221.25 $221.25 Single Use and Reusable Sensors(4 ft) 3 8 0 0 0- 0 2 9 4 Sp02 LNCS Adult Reusable Sensor(1 each) 1 $303.85 $221.25 $221.25 To the extent that ZOLL and Customer,or Customer's Representative have negotiated and executed overriding terms and conditions("Overriding T's&C's"),those terms and conditions would apply to quotation.In all other cases,this quote is made subject to ZOLL's Standard Commercial Terms and Conditions("ZOLL T's&C's")which for capital equipment,accessories and consumables can be found at httu://Nvw.zoll.com/GTC and for software products can be found at httu://Nvw.zoll.couilSSPTC and for hosted software products can be found at httn://ivww.zoll.com/SSHTC. Except in the case of overriding T's and C's,any Purchase Order("PO")issued in response to this quotation will be deemed Amy Turley to incorporate ZOLL T's&C's,and any other terms and conditions presented shall have no force or EMS Territory Manager effect except to the extent agreed in writing by ZOLL. 253-820-5490 1.DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2.PRICES QUOTED ARE VALID FOR 60 DAYS. 3.APPLICABLE TAX,SHIPPING&HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015 OR EMAIL TO ESALES@ZOLL.COM. 6.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. October 19, 2021 E - 26 Page 2 of 3 ZOLL Medical Corporation Worldwide HeadQuarters OLL@ 269 Mill Rd Chelmsford, Massachusetts 01824-4105 TO: Port Angeles Fire (978)421-9655 Main 102 N 5th Street (800)348-9011 Anacortes, WA 98362 (978)421-0015 Customer Support FEDERAL ID#:04-2711626 Attn: Kelly Ziegler QUOTATION 398980 V:2 DATE: October 05,2021 email: kziegler(cilcityofPa.us TERMS: Net 30 Days Tel: 360-417-4650 FOB: Shipping Point FREIGHT: Free Freight ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRICE 4 8 0 0 0- 0 0 2 0 0 5- 0 1 Cable Sleeve,Propaq/X Series,ZOLL Blue 1 $52.45 $40.91 $40.91 5 8 0 0 0- 0 8 9 5 Cuff Kit with Welch Allyn Small Adult,Large Adult and 1 $157.50 $133.87 $133.87 Thigh Cuffs 6 REUSE- 1 1 L- 2 MQ Welch Allyn REUSE-1 1 L-2MQ Cuff, Adult Long,2-Tube, 1 $52.50 $44.62 $44.62 Twist lock connector 7 8 0 0 0- 0 5 8 0- 0 1 Six hour rechargeable Smart battery 2 $519.75 $421.00 $842.00 "Reflects National Purchasing Partners (NPP)Contract Pricing. To the extent that ZOLL and Customer,or Customer's Representative have negotiated and executed overriding terms and conditions("Overriding T's&C's"),those terms and conditions would apply to TOTAL $32,069.40 quotation.In all other cases,this quote is made subject to ZOLL's Standard Commercial Terms and Conditions("ZOLL T's&C's")which for capital equipment,accessories and consumables can be found at httn://Nvw.zoll.couilGTC'and for software products can be found at httn://Nvw.zoll.couilSSPTC' and for hosted software products can be found at httn://Nvww.zoll.com/SSHTC. Except in the case of overriding T's and C's,any Purchase Order("PO")issued in response to this quotation will be deemed Amy Turley to incorporate ZOLL T's&C's,and any other terms and conditions presented shall have no force or EMS Territory Manager effect except to the extent agreed in writing by ZOLL. 253-820-5490 1.DELIVERY WILL BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2.PRICES QUOTED ARE VALID FOR 60 DAYS. 3.APPLICABLE TAX,SHIPPING&HANDLING WILL BE ADDED AT THE TIME OF INVOICING. 4.ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTABLE BY ZOLL. 5. FAX PURCHASE ORDER AND QUOTATION TO ZOLL CUSTOMER SUPPORT AT 978-421-0015 OR EMAIL TO ESALES@ZOLL.COM. 6.ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 7.PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING www.zollwebstore.com. October 19, 2021 E - 27 Page 3 of 3 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: October 19,2021 To: City Council From: Brian S. Smith,Police Chief Subject: City of Port Angeles and Clallam County CREW Memorandum of Understanding Summary: For over 10 years the Port Angeles Police Department and the Clallam County Sheriffs Department(CCSO)have operated with an informal arrangement for CREW(Community Roads Ecology Workers,formerly known as the Chain Gang)services to perform work on City property and right of way. Historically the City has not provided funding or had a formal agreement for CREW services. This arrangement has not been able to keep up with the City needs and has only afforded the City limited services. The City currently has no funding or designated work crews to clean up the volume of trash and debris left on City properties.The proposed agreement provides the City the services of one half of one of the three County 5-person inmate CREW teams in 2022 (over 1,000 work hours). This will allow the City to clean up City property in a timely, affordable and legal manner. Funding: The City will provide $40,000 leveraging additional funds from Clallam County and the State Department of Ecology. These funds have been budgeted in the City Manager recommended budget for 2022 and will be provided from the General Fund Reserves as a pilot project. The County will provide the specialized vehicles, staffing and supervision required to operate the CREW teams. Recommendation: Authorize the City Manager to sign the Memorandum of Understanding with CCSO and make minor modifications as necessary. Background: As the City of Port Angeles continues to prioritize improvements to our own Code Compliance Program it is critically important we maintain and keep clean our own City properties. Complaints to City staff have been dominated by neighborhoods and businesses expressing concern over the condition of City properties,parks and right of ways. Our expectations of privately-owned properties should also be carried forward to those areas for which the City is responsible. The attached memorandum of understanding will enable the City to better respond to citizen complaints and property cleanup needs. The proposed agreement funds one half of what are three CCSO CREW inmate work teams. Each CREW team consists of up to 5 inmates and one Corrections Deputy. The City funds provided by this agreement will help Clallam County continue to leverage the other funding sources. The City currently has no funding or designated work crew dedicated to cleaning up trash and dumpsites on City property. The trash left on City property if unaddressed can place the City in violation of City ordinances and/or State law. The City's contribution will result in over 1,000 hours of work, a value that is far beyond what we might get from a private contractor or one full time employee. Our participation also benefits the success of the CREW program. This agreement also addresses the City Strategic Plan, ICI #4 — Relationship and Community Partnerships objectives and achieving Council's directive to prioritize focus on high performing relationships and partnerships so that the entire city will better achieve goals while increasing trust and cohesion for Council,staff and the broader community October 19, 2021 E - 28 In the case of encampments on City property, the responsibility for determining whether a location is an abandoned vs occupied site remains with PAPD. PAPD and REdisCOVERY staff will continue to provide notice of clean ups and will continue to work to get persons out of illegal encampments and into services. Additionally: • The inmate workers learn valuable trade skills operating the various equipment and tools. They are known to be reliable and capable workers. CCSO regularly get calls from former inmates asking to use the experience as a job reference. • When the projects are posted on the CCSO Facebook page,they are consistently celebrated by the public. These posts also generate more referrals of areas of interest that need work. In addition to the waste and garbage regularly cleaned, CREW recycles hundreds of pounds of aluminum each year. • Even with COVID restrictions and reduced staffing, CREW removed over 17,000 pounds of litter and over 58,000 pounds of illegal dumpsites/abandoned encampments in 2020. • High risk offenders are not assigned to CREW. The inmates selected are screened in what is a very sought-after assignment for the participants. Funding: The $40,000 City General Fund Reserve funds for this proposed 2022 pilot project will leverage other WA Department of Ecology, Clallam County Roads and the CCSO general fund budget that have previously funded the three CREW teams. The Department of Ecology continues to provide grant funding to cover much of the essential work the CREW has done over 20+ years since the inception of this program. This Ecology grant assists in funding the staff hours,specialized equipment,specialized vehicles, and supplies to clean litter and remove illegal dumpsites on State and County roads and property. The Ecology grant does not fully fund all three County CREW teams. The County Sheriffs budget and County Roads budget provides additional funding. Also, the Department of Ecology and County Roads funding is restricted to County property or County roads. The CCSO funding is less restrictive and is what has allowed the CREW teams historically to provide the City some limited assistance. For over 10 years PAPD has informally requested and received CREW services inside the City without an agreement or providing any City funding. The proposed agreement between the City and CCSO allows the CREW to provide more efficient and effective services inside the City. October 19, 2021 E - 29 `— Clallam County Sheriffs Office Ron Cameron WASPCAccrerlitedAgencv Undersheriff 223 East 4"'Street,Suite 12 Brian King Port Angeles, WA 98362-3015 Chief Criminal Deputy Support Services:(360)417-2270 Alice Hoffman W. L. Benedict Fax:(360)417-2498 Chief Civil Deputy Aeriffhttp://www.clallam.net/departments/sheriff Don Wenzl ✓✓ Chief Corrections Deputy sheriff(a�co.clallam.wa.us File: MEMORANDUM OF UNDERSTANDING BETWEEN CLALLAM COUNTY SHERIFF'S OFFICE AND The CITY OF PORT ANGELES For Sheriff's C.R.E.W. Activities on City property and roads. From January 1, 2022 to December 31, 2022 This Memorandum of Understanding (MOU) stipulates the Sheriff's Department shall provide the specified Sheriff's C.R.E.W. (Community Roads Ecology Workers)Activities on Port Angeles Roads, Rights-of-Way, Properties, Public Works activities, and Road or Trail Associated Projects. It is expected that the City of Port Angeles will utilize one (1)work crew. The Sheriff's C.R.E.W. will perform requested work based on Supervisor hours per quarter on City related activities as listed below to satisfy payment. Supervisor hours will include actual project work, team preparation, travel, safety instruction, and record-keeping time. The hourly wage with benefits for one C.R.E.W. Deputy is$39.03 for these services. The monthly estimated fuel charge by Clallam County Roads for the van use will be$100 per month. For 2022,the City of Port Angeles will provide funding. Not to exceed $40,000 in total for services of the Sheriff's C.R.E.W. Based on the salary/benefits of the deputy and fuel, this will provide the City a maximum of 1000 supervisor hours for the year. Payment will be quarterly based on supervisor hours billed. All Sheriff's C.R.E.W. deputy positions are subject to reassignment based upon needs of the Sheriff's Office. The C.R.E.W Deputy is a Sheriff's Department Employees assigned from the Corrections Section, and operates within the parameters of the Civil Service recognized Corrections Officer job description and career track. Appropriate C.R.E.W. Activities include but are not limited to the following: 1) Litter pickup and illegal dumpsites on city parks and property. 2) Litter pickup on city roadways and right-of-ways. 3) Illegal dumpsites on city roadways and right-of-ways. 4) Brushing, weeding, and vegetation control including spot spraying on city roadways and right-of-ways. 5) Trail projects and maintenance on City and County trails. 6) Special Projects as assigned by City of Port Angeles. October 19, 2021 E - 30 The City of Port Angeles will also provide written guidance on cleanup protocols and environmental constraints in specified locations. C.R.E.W. shall comply with guidance provided. Projects assigned by the City of Port Angeles that require specialty tools, shall be provided or loaned by the City of Port Angeles. Work performed by the Sheriff's Office pursuant to this MOU shall be tracked so that performance accomplishments can be measured for the City's Performance Based Budget. As a minimum,the following shall be traced and reported weekly: City Road Name or City Property Name or location Supervisor hours spent performing activity Inmate hours spent performing activity Activity Performed Crew completing activity Activity Initiator Upon written agreement,this MOU may be expanded to accommodate special projects if additional funding is secured and the Sheriff has Supervisors and crew that can do the extra work. It is agreed that other Officer duties will not be reimbursed. Signed this day of 2021, by: W.L. "Bill" Benedict, Clallam County Sheriff Nathan A. West, City Manager, City of Port Angeles October 19, 2021 E - 31 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: October 19,2021 To: City Council From: Thomas Hunter,Director ofPublic Works & Utilities Subject: 2021-2023 Local Solid Waste Financial Assistance Agreement Grant Summary: The City's application for a Local Solid Waste Financial Assistance (LSWFA)grant for the Moderate Risk Waste Facility operations,Recycling operations, and outreach program has been approved by the Department of Ecology for the 2021 - 2023 biennium. Funding: A City match of 25%,or$44,317.33,will be required as part of this grant acceptance. This match will be paid across 2021 —2023 budget years in an amount not to exceed$44,317.33. Items eligible for grant match are currently in the 2021 and 2022 Budgets and therefore there is no overall budget increase expected as a result of this grant. The $177,269.33 grant will be allocated in the 2021 - 2023 Solid Waste Collection and Transfer Station Division budgets(404-7580-343 and 404-7538-343). Recommendation: Accept the Local Solid Waste Financial Assistance funding grant for the Moderate Risk Waste Facility operations,Recycling operations and outreach program and authorize the City Manager to execute all documents necessary to approve the grant match in an amount not to exceed $44,317.33. Background / Analysis: The LSWFA program, administered by the Washington State Department of Ecology and funded under the State Model Toxics Control Act account,provides biennium funding to local governments for solid and hazardous waste planning and implementation, as well as enforcement of solid waste rules and regulations. Each recipient can partner with local signatories to the Solid Waste Management Plan to use funds in support of eligible projects. The City of Port Angeles is receiving funds for two tasks during the 2021 -2023 biennium cycle: • $93,333.00 will be used to properly manage an estimated 15 tons of Moderate Risk Waste from approximately 1,200 residents; and • $83,936.33 will be used to provide regional recycling drop box management including collection, sorting,handling,or transportation of recyclable materials for recycling or reuse. This includes providing education for`Recycle Right' outreach to reduce contamination in the recycling stream for residents and businesses. Funding Overview: A City match of 25%,or$44,317.33,will be required as part of this grant acceptance. This match will be paid across 2021 —2023 budget years in an amount not to exceed $44,317.33. Items eligible for grant match are currently in the 2021 and 2022 Budgets and therefore there is no overall budget increase expected as a result of this grant. The $177,269.33 grant will be allocated in the 2021 -2023 Solid Waste Collection and Transfer Station Division budgets(404-7580-343 and 404- 7538-343). The funds will cover the cost of operations at the Moderate Risk Waste Facility,including contract costs; it will also cover Recycling operations at recycling drop boxes at the Blue Mountain and Regional Transfer Stations,including contract costs and outreach advertising,mailers,and other materials. October 19, 2021 E - 32 DEPARTMENT OF ECOLOGY State of Washington Agreement No. SWMLSWFA-2021-PoAnPW-00III SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,hereinafter referred to as"ECOLOGY,"and CITY OF PORT ANGELES,hereinafter referred to as the"RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: IMP City of Port Angeles Total Cost: $200,000.00 Total Eligible Cost: $177,269.33 Ecology Share: $432,952.00 Recipient Share: $44,317.33 The Effective Date of this Agreement is: 07/01/2021 The Expiration Date of this Agreement is no later than: 06/30/2023 Project Type: Planning&Implementation Project Short Description: RECIPIENT will spend$177,269.33 to properly manage an estimated 15 tons of household hazardous waste,recycle 5,000 tons of material from drop boxes, and reduce contamination by 300 tons. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. October 19, 2021 E - 33 State of Washington Department of Ecology Page 2 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES RECIPIENT INFORMATION Organization Name: CITY OF PORT ANGELES Federal Tax ID: 91-6001266 DUNS Number: 148344047 Mailing Address: 321 East 5th Street Port Angeles,WA 98362-0217 Physical Address: 321 East 5th Street Port Angeles,Washington 98362-0217 Organization Email: jboehme@cityofpa.us Organization Fax: (360)417-4709 Contacts Template Ve,00t6t 1 199 2021 E - 34 State of Washington Department of Ecology Page 3 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES Project Manager Meggan Uecker Solid Waste Superintendent 321 East 5th Street Port Angeles,Washington 98362-0217 Email: muecker@cityofpa.us Phone: (360)457-0411 Billing Contact Meggan Uecker Solid Waste Superintendent 321 East 5th Street Port Angeles,Washington 98362-0217 Email: muecker@cityofpa.us Phone: (360)457-0411 Eric Wheatley Authorized Deputy Director of Transportation Signatory 321 East 5th Street Port Angeles,Washington 98362-0217 Email: ewheatle@cityofpa.us Phone: (360)457-0411 Template Ve,00t6t 1 199 2021 E - 35 State of Washington Department of Ecology Page 4 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia,WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey,WA 98503 Contacts David Pater Project Manager PO Box 47775 Olympia,Washington 98504-7775 Email: DAPA461@ecy.wa.gov Phone: (360)790-5771 David Pater Financial Manager PO Box 47775 Olympia,Washington 98504-7775 Email: DAPA461@ecy.wa.gov Phone: (360) 790-5771 Template Ve,00t&bW 199 2021 E - 36 State of Washington Department of Ecology Page 5 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment,materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State CITY OF PORT ANGELES Department of Ecology By: By: Laurie Davies Date Eric Wheatley Date Solid Waste Management Deputy Director of Transportation Program Manager Template Approved to For rn by Attorney General's Office Template Ve,00t6t 1 199 2021 E - 37 State of Washington Department of Ecology Page 6 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES Thomas Hunter City of Part Angeles Public Works Director Date Template Ve,00tdt 1 199 2021 E - 38 State of Washington Department of Ecology Page 7 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES SCOPE OF WORK Task Number: 1 Task Cost: $93,333.33 Task Title: MRW Collection and Management Task Description: RECIPIENT will continue operating the Moderate Risk Waste (MRW)Facility located at the Regional Transfer Station in Port Angeles,under an existing contract with Waste Connections or other contractor. MRW Facility operations does not include the management of business waste from Conditionally Exempt Small Quantity Generator(CESQG)wastes. Reimbursement for costs incurred by contractors to implement work identified in this Task are subject to the same eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Eligible Costs: -Costs for the operation of the MRW facility and for the safe collection,transport and disposal of household hazardous waste (HHW) -Contracted operation services -Costs related to developing educational material,prior to incurring costs for advertisements or publications,RECIPIENT must obtain ECOLOGY review and approval in accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement -Recycling and disposal services of collected material -Advertising and promotion of MRW programs -Costs not listed here but pre-approved in writing by Ecology Ineligible Costs -Disposal of Conditionally Exempt Small Quantity Generators(CESQG)waste -This task will not pay for costs covered by existing product stewardship programs (E-Cycle Washington, LightRecycle Washington and PaintCare)or for costs covered by any new product stewardship programs that are implemented during this Agreement period -Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology Task Goal Statement: The goal of this task is to protect the environment and public health by providing convenient and safe disposal and recycling options for household hazardous waste(HHW)for Clallam County residents. Task Expected Outcome: With the task cost RECIPIENT expects to divert 15 tons of HHW for proper disposal or treatment. Template Ve,00t6t 1 199 2021 E - 39 State of Washington Department of Ecology Page 8 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES Recipient Task Coordinator: Meggan Uecker MRW Collection and Management Deliverables Number Description Due Date Task expected outcomes are the deliverables achieved incrementally throughout the biennium. Template Ve,00t6t 1 199 2021 E - 40 State of Washington Department of Ecology Page 9 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES SCOPE OF WORK Task Number: 2 Task Cost: $83,936.00 Task Title: CROP Recycling Operations Task Description: The RECIPIENT will operate recycling drop box facilities at the City Regional and Blue Mountain Transfer Stations,under contract or operated by RECIPIENT employees. The RECIPIENT will provide education and outreach on how to Recycle Right, focusing on reducing the use and improper disposal of key contaminants identified in the Contamination Reduction and Outreach Plan (CROP). Activity: Drop Box Recycling The task includes recycling activity managed or performed by RECIPIENT at a recycling center such as a transfer station or drop box location,or at another location. Disposal of any materials collected or advertised as collected for recycling or reuse or marketed for recycling or reuse under this Task is prohibited. RECIPIENT must immediately notify ECOLOGY when they become aware that disposal of materials collected for recycling or reuse occurred. ECOLOGY may deny new costs or require RECIPIENT to repay costs already reimbursed or both. Work to be Performed -Drop Box recycling at Regional and Blue Mountain Transfer Stations -Education and outreach to promote the program and reduce contamination in drop boxes Who is Performing the Work -RECIPIENT or contractor operates recycling drop boxes -RECIPIENT develops and distributes education and outreach materials Task Expected Costs Costs eligible for reimbursement with supporting documentation include: -Collection costs -RECIPIENT employee time -Contractor services -Costs not listed here but pre-approved in writing by Ecology Costs not eligible for reimbursement: -Transportation and processing of materials collected -Overtime compensation (all hours are calculated at the regular rate of pay) --Costs covered by existing product stewardship organizations (E-Cycle Washington, LightRecycle Washington,PaintCare)or for costs covered by new product stewardship organizations that are fully implemented during this agreement period. -Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology Activity: CROP Implementation Work to be Performed Implementing CROP recommendations: Template Ve,00t6t 1 199 2021 E - 41 State of Washington Department of Ecology Page 10 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES -Focus on reduction and use of key contaminants -Target curbside and transfer station customers -Cart inspection and tagging -Education and Outreach on Contamination Reduction and Waste Reduction -Promote state stewardship programs Who is Performing the Work -RECIPIENT scopes the target audience(s) for contamination reduction work -RECIPIENT establishes baseline measurements of contamination -RECIPIENT implements a methodology provided in the 2021-23 LSWFA Guidelines Publication 21-007-016,Appendix E and follows it to generate a measurable outcome Task Expected Costs Costs eligible for reimbursement with supporting documentation include: -RECIPIENT employee time,purchased services and contractor costs -Development of education and outreach materials. Prior to incurring costs for advertisements or publications,RECIPIENT must obtain ECOLOGY review and approval. in accordance with provisions 3 and 19 of the General Terms and Conditions of this Agreement -Costs not listed here but pre-approved in writing by Ecology Costs not eligible for reimbursement: -Overtime compensation(all hours are calculated at the regular rate of pay) -Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology Task Goal Statement: Reduce the waste stream by capturing recyclable materials and to reduce contamination in materials for recycling. Task Expected Outcome: With the Task Cost,RECIPIENT expects 5000 tons of materials recycled from drop box program With the Task Cost,RECIPIENT expects 600,000 pounds of contamination reduction With the Task Cost,RECIPIENT expects 1000 contacts per outreach strategy With the Task Cost,RECIPIENT expects 500 recycling carts inspected,tracked and tagged for contamination With the Task Cost,RECIPIENT expects to develop and distribute 8 articles for newsletter or newspaper on recycling, reducing contamination, composting,waste reduction and reuse Template Ver0at6tW 19, 2021 E - 42 State of Washington Department of Ecology Page 11 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES Recipient Task Coordinator: Meggan Uecker CROP Recycling Operations Deliverables Number Description Due Date 2.1 Task expected outcomes are the deliverables and achieved incrementally throughout the biennium. Template Ve,00t6t 1 199 2021 E - 43 State of Washington Department of Ecology Page 12 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES BUDGET Funding Distribution EG220039 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: City of Part Angeles Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/23/2023 Funding Source: Title: Model Toxics Control Operating Account(MTCOA) Fund: Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate: 30% Recipient Match%: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No City of Port Angeles Task Total MRW Collection and Management $ 93,333.33 CROP Recycling Operations $ 83,936.00 Total: $ 177,269.33 Template Ve,0 1t6 1 199 2021 E - 44 State of Washington Department of Ecology Page 13 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total City of Port Angeles 25.00 % $ 44,317.33 $ 132,952.00 $ 177,269.33 Total $ 44,317.33 $ 132,952.00 $ 177,269.33 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location)or other locations,Ecology will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement,unless approved in writing by Ecology. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. Ecology will conduct a risk assessment of all Local Solid Waste Financial Assistance recipients. The level of risk determines the level of oversight required by Ecology throughout the biennium. If the RECIPIENT's performance or project circumstances change,Ecology may reassess risk and notify the RECIPIENT of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial(including payment requests),performance, and other reports required by this Agreement. Ecology shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION.DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements Template Ve,00t6t 1 199 2021 E - 45 State of Washington Department of Ecology Page 14 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant,person, primary covered transaction,principal,proposal, and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov<hqp://www.fsrs.gov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov<http://www.usaspending. og v/>. For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE Template Ve,00t6t 1 199 2021 E - 46 State of Washington Department of Ecology Page 15 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system.As described in Public Law 115-232 <https://www.govinfo.gov/content/pk�4/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems,or services produced or provided by entities identified in section 889, are recorded in the System for Award Management(SAM)<https://sam.�,,Oy/SAM/>exclusion list. Template Ve,00t6t 1 199 2021 E - 47 State of Washington Department of Ecology Page 16 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00 I I I Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/I 701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility) as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications, software systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize, or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places, sacred sites, or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Ve,00t6t 1 199 2021 E - 48 State of Washington Department of Ecology Page 17 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof,has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Ver0at6tW 19, 2021 E - 49 State of Washington Department of Ecology Page t S of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders,regulations, and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor affect the interest of any corporation,partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review. Template Ve,00t6t 1 199 2021 E - 50 State of Washington Department of Ecology Page 19 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00 I I I Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers, or agents of that party and will not for any purpose be employees,volunteers, or agents of the other party. Template Ve,00t6t 1 199 2021 E - 51 State of Washington Department of Ecology Page 20 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE) and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos, audio tapes, CDs, curriculum,posters,media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs, drawings,printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Ve,00t6t 1 199 2021 E - 52 State of Washington Department of Ecology Page 21 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00111 Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty(30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30) days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover, or otherwise use the material(s) or property,and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos,reports,maps, or other data in printed reports, signs,brochures,pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase, or construction costs of such property. Template Ve,00t6t 1 199 2021 E - 53 State of Washington Department of Ecology Page 22 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00 I I I Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Ve,00t6t 1 199 2021 E - 54 State of Washington Department of Ecology Page 23 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00 I I I Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging, office products that are refillable,rechargeable, and recyclable, 100%post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.gov/R egulations-Permits/Guidan ce-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Ve,00t6t 1 199 2021 E - 55 State of Washington Department of Ecology Page 24 of 24 Agreement No: SWMLSWFA-2021-PoAnPW-00 I I I Project Title: IMP City of Port Angeles Recipient Namc: CITY OF PORT ANGELES event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Ve,00t6t 1 199 2021 E - 56 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: October 19, 2021 To: City Council From: Nathan West, City Manager Allyson Brekke,Director Community and Economic Development William Bloor, City Attorney Subject: Municipal Code Re-Envisioning Project—Code Enforcement Summary: In 2020, City Council established as a priority a review of the City's municipal code. In August 2020,the City entered into an agreement with Madrona Law Group("Madrona")to do most of the work. In June this year,the City Council authorized Madrona to produce the first in a series of large-scale revisions to the municipal code, that first one addressing procedural and substantive code enforcement issues. Madrona now has completed that first revision, which has been reviewed by City staff, and an ordinance with Madrona's recommended code amendments is presented tonight to the City Council for first reading and a public hearing. Funding: The 2021 budget currently contains $84,000 for compensation to Madrona for the remainder of 2021. It is expected that additional amounts will be budgeted for calendar year 2022. Recommendation: (1) Hear a presentation by the Madrona attorneys (scheduled for 5:15pm); (2) Conduct the first reading of the attached ordinance; (3) Conduct a public hearing on the ordinance (scheduled for 6:30pm); (4) As desired,comments and discussion of the ordinance by Council; and (5) Continue this item to the next regular Council meeting for second reading. Background / Analysis: On August 14,2020,the City entered into an Agreement for Professional Services with Madrona Law Group. On June 1,2021,the Council approved an amendment to the contract to authorize Madrona to proceed with drafting revisions to the City's current municipal code. The Council also approved the process for drafting those revisions. That requires Madrona to incrementally draft code amendments that address sections of the municipal code that were prioritized during Phase 2 of the overall project. As a reminder, some of the important priorities include: i) Updating the nuisance codes and the procedures for enforcement of all codes ii) Title I I —Streets and Sidewalks iii) Title 12—Public Places iv) Title 10—Vehicles and Traffic v) Title 13 -Utilities vi) Adopting/updating a streamlined special event code The ordinance presented tonight deals with item i)of that list. October 19, 2021 F - 1 Elements of Madrona's work on the code enforcement issues were discussed during a special City Council meeting on September 28,2021. The action tonight will be the first formal introduction of a recommended ordinance to Council_ In order to allow the Council and the public full opportunity to review and comment on the ordinance,we have arranged an expanded agenda for tonight. A special meeting of Council will commence at 5:00 P.M. At 5:15,Madrona will provide an overview of the ordinance with discussion, questions, and answers to follow. That will continue until the regular meeting begins at 6:00. Next, at 6:30 the Mayor should read the ordinance and open a public hearing. After the public hearing, there is another opportunity for Council to discuss the ordinance and ask questions of staff and Madrona. Finally,this item should be continued to the next regular meeting for a second reading. If there are any questions or comments about this item, please feel free to contact Director West,Director Brekke,or Attorney Bloor. Funding: The 2021 budget currently contains $84,000 for compensation to Madrona for the remainder of 2021. It is expected that additional amounts will be budgeted for calendar year 2022. October 19, 2021 F - 2 CHAPTER 2.90 PAMC - COMPLIANCE AND ENFORCEMENT [NOTE: This is a new chapter.] Chapter 2.90 COMPLIANCE AND ENFORCEMENT Sections: 2.90.010 Application and scope. 2.90.020 Definitions. 2.90.030 Enforcement, authority, and administration. 2.90.040 Service. 2.90.050 Obligations of persons responsible for civil violations. 2.90.060 Oral warning 2.90.070 Warning letter. 2.90.080 Voluntary compliance agreement. 2.90.090 Notice of violation — Contents and effect. 2.90.100 Notice of violation — Supplementation, revocation, modification. 2.90.110 Stop work order 2.90.120 Monetary penalties. 2.90.130 Monetary penalties—Waivers. 2.90.140 Monetary penalties— Environmentally Sensitive Areas. 2.90.150 Costs. 2.90.160 Collection of monetary penalties, fees, and costs. 2.90.170 Abatement. 2.90.180 Code compliance abatement fund —Authorized. 2.90.190 Appeals. 2.90.200 Determination of compliance. 2.90.010 Application and scope. The purpose of this chapter is to: establish an efficient system to enforce civil violations of the PAMC; to establish penalties; provide for abatement of any affected properties; to collect all costs associated with abatement; and to provide an opportunity for a prompt appeal and decision on alleged violations of these regulations when requested. Unless otherwise specified, the provisions of this chapter apply to the enforcement of all civil provisions of the PAMC. In the event of a conflict between a provision in this chapter and any other enforcement provision of the PAMC, the more specific provision applies. The PAMC is enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. It is the intent of this chapter to place the obligation for complying with its requirements upon the owner, occupier, tenant, 1 October 19, 2021 F - 3 manager, agent, or other person responsible for the violation or condition of land and buildings situated within the City of Port Angeles and within the scope of the PAMC. No provision or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees that would subject them to damages in a civil action. 2.90.020 Definitions. As used in this chapter, the following terms have the meanings set forth in this section, unless a different meaning is clearly indicated by the context. Undefined terms are interpreted using their common usage meaning and to give this chapter its most reasonable application. "Civil violation" means any violation or noncompliance with a civil provision of the PAMC not otherwise designated as an infraction, misdemeanor, or gross misdemeanor. "Person responsible for the violation" or "person responsible" means any person(s) required by the applicable regulation to comply therewith, or who commits any act or omission that is a violation or causes or permits a violation to occur or remain upon property in the city, and includes but is not limited to any owner(s), lessor(s), manager(s), agent(s), or other person(s) entitled to control, use and/or occupy property where a civil violation occurs. "Repeat violation" means a violation of the same or similar PAMC provision in any location by the same person for which: (1) voluntary compliance previously has been sought within two years; or (2) a notice of violation has been issued within two years. 2.90.030 Enforcement, authority, and administration. A. The City Manager is authorized to administer and enforce this chapter. The City Manager may delegate authority to the Police, Fire, Community Development, Public Works, or other City departments to assist in enforcement and may also seek assistance from outside agencies or private contractors, if necessary. B. When the City Manager determines that any civil violation(s) of PAMC have occurred or are occurring, the City Manager may take any one or more of the following actions: 1. Investigate any property, structure, or use reasonably believed to be noncompliant with the PAMC. 2. Issue an oral warning. 3. Issue a warning letter. 2 October 19, 2021 F - 4 4. Enter into voluntary compliance agreements with persons responsible for code violations. 5. Issue notices of violation that require compliance and assess monetary penalties for noncompliance. 6. Issue stop work, no occupancy, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property and assess monetary penalties for noncompliance. 7. Suspend, revoke, or modify any permit or variance issued by the City. 8. Direct the City Attorney to initiate court actions necessary to abate violations or to enforce any order issued by the City Manager or designee. C. The enforcement procedures in this chapter are not exclusive. The City Manager is authorized to exercise any right, action, or remedy authorized by law or equity, or a combination thereof, to enforce civil violations. Exercise of one procedure does not prevent use of another procedure. Nothing in this chapter prohibits the City Manager from immediately issuing a notice of violation, seeking judicial review, or taking other enforcement action without first taking other remedial actions, when the circumstances warrant more expeditious correction or when the person(s) responsible is a repeat offender. D. With the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, the City Manager is authorized to enter at reasonable times any building or premises to perform any duties imposed by this chapter. E. The City Manager is authorized to adopt all procedures, rules, and policies reasonably necessary to fully implement this chapter. 2.90.040 Service A. A notice of violation, or any other document issued pursuant to this chapter, must be served on the person to whom it is directed by: 1. Personal service; 2. Mailing a copy of the document by first class mail or by certified mail, return receipt requested, to such person at their last known address; or 3. Any means reasonably calculated to effect service. 3 October 19, 2021 F - 5 B. In the case of stop work, no occupancy, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property, service will be effective upon posting a copy of the order on the subject property. A copy of the document will be served pursuant to PAMC 2.90.040(A) as soon as reasonably practicable. C. If, after due diligence, such person cannot be personally served within Clallam County and if an address for mailed service cannot be ascertained, notice must be served by posting a copy of the document conspicuously on the affected property or structure. D. Proof of service must be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail. If service is done by mail, service is deemed complete upon the third business day after depositing the notice into the mail. E. In the case where the demolition of a structure is proposed as a means of abatement, any lien holder whose lien interest is recorded in the official records of the Clallam County must be given notice of the enforcement action. F. Each owner of the land on which the violation occurred or is occurring must be served with the notice of violation. 2.90.050 Obligations of persons responsible for civil violations. A. It is the duty of every person responsible for a civil violation to abate the violation and to take all other actions necessary to achieve compliance with the PAMC. B. Persons responsible for a civil violation pursuant to a notice of violation must pay all monetary penalties and abatement costs. However, payment of monetary penalties, applications for permits, acknowledgment of stop work orders, and compliance with other remedies do not relieve the persons responsible of the duty to correct a violation. C. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with the PAMC is liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. D. Responsibility for civil violations and the penalties imposed are joint and several, and the City is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the City required to take action against all persons potentially responsible for a violation. 4 October 19, 2021 F - 6 2.90.060 Oral warning The City Manager may issue an oral warning upon determining a civil violation has occurred or is occurring. Oral warnings are logged and may be followed up with a re-inspection. 2.90.070 Warning letter The City Manager may issue a warning letter upon determining a civil violation has occurred or is occurring. The warning letter must inform the person responsible of the nature of the violation and specify a reasonable time to correct it or allow the person to enter into a voluntary compliance agreement pursuant to PAMC 2.90.080. 2.90.080 Voluntary compliance agreement. A. The City Manager may enter into a voluntary compliance agreement upon determining a civil violation has occurred or is occurring. B. The voluntary compliance agreement must include the following: 1. The name and address of the person(s) responsible for the violation; 2. The street address or other description sufficient to identify the building, structure, premises, or land upon or within which the violation has occurred or is occurring; 3. A description of the violation(s) and a reference to the PAMC provision(s) which has been violated; 4. An agreement by the person(s) entering into the voluntary compliance agreement that he, she or they waive the right to a hearing and stipulate that the violation exists; and 5. The required corrective action(s) and a deadline(s) or schedule for compliance; 6. An agreement permitting the City to inspect the premises as necessary to determine compliance with the voluntary compliance agreement; 7. A statement that if the terms of the voluntary compliance agreement are not satisfied, the City is authorized to assess monetary penalties, obtain a superior court order requiring the parties to abate the violation, or to abate the violation and recover its costs and expenses (including, but not limited to, abatement materials and costs, attorney fees, expert witness fees, and court costs) from the person responsible; 5 October 19, 2021 F - 7 8. A statement that the City is not limited in the enforcement actions or enforcement options available in the event the voluntary compliance agreement is not fully performed. C. If the terms of the voluntary compliance agreement are not satisfied, and an extension of time has not been granted, the person responsible for the violation may, without being issued a notice of violation or stop work order, be assessed a monetary penalty plus all costs incurred by the City to pursue compliance. Penalties imposed when a voluntary compliance agreement is not satisfied accrue from the date the voluntary compliance agreement was executed. 2.90.090 Notice of violation - Contents and effect. A. The City Manager may issue a notice of violation to any person responsible for a civil violation upon determining a civil violation has occurred or is occurring. B. A notice of violation represents a determination that a violation has occurred or is occurring, that said violation must be corrected, and that penalties may be assessed. C. A notice of violation must include the following: 1. The name and address of the person(s) responsible for the violation; 2. The street address or description sufficient to identify the building, structure, premises, or land upon or within which the violation has occurred or is occurring; 3. A description of the violation(s) and a reference to the PAMC provision(s) which has been violated; 4. The required corrective action and a deadline for compliance; 5. A statement that the notice of violation may be appealed by filing a written request for a hearing with the Hearing Examiner within 15 days of service of the notice of violation, pursuant to PAMC 2.90.190, and that failure to timely appeal constitutes a waiver of the right to appeal; 6. A statement indicating that the appeal hearing will be canceled, and/or no monetary penalty will be assessed, other than City costs and expenses, if the corrective action is completed by the specified date or prior to the appeal hearing, if applicable; 7. A statement that a monetary penalty may be assessed per violation for each day of noncompliance, including the dollar amount of the monetary penalties, and that any assessed penalties must be paid within 14 days of service of the notice of violation; 6 October 19, 2021 F - 8 8. A statement that payment of the monetary penalties does not relieve a person responsible of the duty to correct the violation and/or to pay monetary penalties or other cost assessments issued; 9. A statement advising that a failure to timely appeal renders the notice of violation a final determination that the conditions existed and constituted a violation, and that the named party is liable for the violation; and 10. A statement advising that failure to comply with the notice of violation may be referred to the City Attorney for legal action. D. A copy of the notice may be filed and recorded with the Clallam County Auditor. 2.90.100 Notice of violation — Supplementation, revocation, modification. The City Manager may revoke or otherwise modify, in whole or in part, a notice of violation by issuing a written supplemental notice of violation, on the following grounds: A. The original notice of violation was issued in error, B. There is new information or changed circumstances; or C. A person was incorrectly named as a responsible party. 2.90.110 Stop work, no occupancy, or other emergency orders. A. The City Manager may issue a stop work order, no occupancy order, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property upon determining a civil violation is occurring or has occurred. Such orders must be posted and served as set forth PAMC 2.90.040(B). Such orders require the immediate cessation of the specified work or activity on the subject property. Work or activity may not resume unless authorized in writing by the City Manager. B. A stop work order, no occupancy order, or other orders that require immediate action due to an imminent risk of injury or damage to persons or property may be appealed in accordance with PAMC 2.90.190. Failure to appeal the order within 15 days renders the order a final determination that the civil violation occurred. C. Violation of an order issued under this section is a separate violation from any other code violation. 7 October 19, 2021 F - 9 2.90.120 Monetary penalties. A. In addition to utilizing any other remedy, the City Manager may assess monetary penalties upon determining a civil violation has occurred or is occurring. B. Monetary penalties for a civil violation begin to accrue on the first day following the date for compliance set forth in the notice of violation served on the responsible party and continue to accrue each day until the violation is abated. C. The cumulative monetary penalty for each violation per day, or portion thereof, is $250.00, with adjustments as allowed pursuant to this section. D. Penalties may be doubled based on the following factors: 1. The violation was a repeat violation; 2. The violation resulted in physical harm to persons or to another's property; 3. The violation was knowing or deliberate; or 4. The violation resulted from gross negligence or reckless conduct. E. Penalties may be reduced upon a written request to the City's code enforcement division by the person(s) named in the notice of violation that includes the code enforcement case number, an explanation of the circumstances surrounding the violation, and acts taken to correct the violation. Any person seeking a penalty reduction must prove that the violation has been corrected and the date of correction, as verified by code enforcement. The City Manager will make a determination on the request based on an evaluation of individual circumstances, including, but not limited to: the severity of the violation; the public interest being protected; the cooperation of the person responsible for the violation; whether the person(s) responsible have demonstrated compliance or progress toward compliance to the City's satisfaction; and the ability of the person responsible for the violation to pay the assessed penalties. The decision to reduce penalties is not appealable. 2.90.130 Monetary penalties—Waivers. A. Monetary penalties may be waived or revoked by the City Manager under the following circumstances: 1. The notice of violation or stop work order was issued in error; 2. The monetary penalties were assessed in error; or s October 19, 2021 F - 10 3. New material information warranting waiver or revocation has been presented to the City; or 4. As appropriate to resolve litigation. B. The City will state in writing the basis for a decision to waiver or revoke penalties. The decision to waive or revoke penalties is not appealable. 2.90.140 Monetary penalties— Environmentally Sensitive Areas. A. To protect environmentally sensitive areas and the public from long-term harm, persons responsible for a civil violation relating to environmentally sensitive areas will not only be required to restore damaged environmentally sensitive areas, if possible and beneficial, but also will be required to pay a monetary penalty to compensate for the ecological, recreational, and economic values lost or damaged due to their unlawful action. B. Violations of environmentally sensitive area provisions of the PAMC include, but are not limited to: 1. The violation of Chapter 15.20 PAMC, Environmentally Sensitive Areas, or related administrative rules; 2. The failure to obtain a permit required for work in an environmentally sensitive area; or 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice of violation, stop work order, mitigation plan, contract, or agreement issued or concluded pursuant to the above- mentioned provisions. C. In addition to assessing monetary penalties pursuant to PAMC 2.90.120, the City may levy additional $250.00 in monetary penalties for each violation of environmentally sensitive area provisions of the PAMC. 2.90.150 Costs. A. Upon issuance of a notice of violation or stop work order, the City Manager may charge the costs incurred by the City to enforce a civil violation to the person(s) responsible. These charges include, but are not limited to: 9 October 19, 2021 F - 11 1. Reasonable legal fees and costs, including, but not limited to, legal personnel costs, court costs, filing fees, collection fees, and all other costs and expenses incurred, as may be allowed by law; 2. Administrative personnel costs, including, but not limited to, administrative employee costs incurred; 3. Abatement costs, including, but not limited to, all equipment, material, and labor costs incurred by the City in the abatement of a violation; 4. Actual expenses and costs of the City in preparing notices, specifications, and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, or mailing; and 5. Interest in an amount as allowed by law. B. Such costs are due and payable 30 days from mailing of the invoice. 2.90.160 Collection of monetary penalties, fees, and costs. A. The City Manager is authorized to collect any monetary penalties, fees, costs, and/or interest owing under this chapter by any appropriate legal means, including but not limited to, judicial action or the use of a collection agency. B. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City Manager is authorized to levy a special assessment on the land or premises where the violation exists or existed and file with the Clallam County auditor a lien against the real property for the monetary penalties, fees, and costs assessed, in accordance with any lien provisions authorized by state law. Before levying a special assessment, the City must provide notice to the property owner and any identifiable mortgage holder by regular mail that a special assessment will be levied on the property along with the estimated amount. C. Any lien filed is subject to priority pursuant to state law, including but not limited to RCW 35A.21.405 to the extent applicable. Any such claim of lien may be amended to reflect changed conditions. 2.90.170 Abatement. A. Emergency abatement. Whenever a condition constitutes an immediate threat to the public health, safety, or welfare or to the environment, the City Manager is authorized to summarily abate the condition. Notice of such abatement, including the reason for it, must be 10 October 19, 2021 F - 12 given to the person responsible for the violation as soon as reasonably possible, whether before or after the abatement action is initiated. B. Judicial abatement. The City Manager is authorized to seek ajudicial abatement order, mandate, injunction, or other relief from Clallam County superior court to abate a civil violation. C. Chronic nuisance judicial abatement order. The City Manager is authorized to seek a judicial abatement order, injunction, or other relief from Clallam County superior court to abate a condition deemed a chronic nuisance pursuant to Chapter 8.30 PAMC. Such relief, in addition to the remedies outlined in this chapter and Chapter 8.30 PAMC, may seek abatement of the chronic nuisance as follows: 1. Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the property, building, or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505; 2. Provide for the immediate closure of the property, building, or unit within a building against its use for any purpose, and for keeping it closed for a period of up to one year unless released sooner; and 3. State that while the order of abatement remains in effect, the property, building, or unit(s) within a building will remain in the custody of the court. 2.90.180 Code compliance abatement fund —Authorized. All monies collected from the assessment of monetary penalties and for abatement costs and work will be allocated to support expenditures for abatement and be accounted for through either creation of an account in the City's Code Compliance fund for such abatement costs, or other appropriate accounting mechanism. 2.90.190 Appeals. A. All contested matters arising under this chapter will be heard by the Hearing Examiner, by the filing of an appeal. B. Every person to whom a notice of violation or stop work order is issued may contest the notice or order. Failure to appeal the notice or order waives the right to appeal and constitutes an admission that the facts, conclusions, and orders stated in the notice or order are valid, true, and correct. 11 October 19, 2021 F - 13 C. The fee for an appeal is $500.00. The appeal fee may be refunded, either wholly or partially, only if the Hearing Examiner finds that the notice or order was issued without reasonable cause. D. Any appeal of a notice of violation or stop work order must be submitted to the City Clerk, in writing, within 15 days of the date the notice of violation or stop work order is served. Receipt of a complete appeal submittal will stay enforcement of a notice of violation until a final decision on the appeal has been reached. Filing of an appeal does not stay enforcement of a stop work order. E. The appeal submittal must include: 1. The case number designated by the City; 2. The name and signature of each petitioner or their authorized representative, if any. If multiple parties file a single appeal, the appeal must designate one party as the contact representative; and 3. The specific decision being appealed, and the specific reasons why each aspect is in error as a matter of fact or law. F. The Hearing Examiner will conduct a hearing consistent with Chapter 2.18 PAMC and will: 1. Prepare findings regarding whether a preponderance of evidence shows that the violation occurred and the required corrective action is reasonable; 2. Affirm, vacate, or modify the notice of violation; and 3. Affirm, vacate, or modify the assessment of monetary penalties, if applicable. The Hearing Examiner may reduce monetary penalties based on the following considerations: a. Whether the violation was a first violation; b. Whether the violator showed due diligence in correcting the violation; c. Whether the penalty is more than necessary to: i. Neutralize any profit enjoyed by the violator as a result of the violation; ii. Make the public whole for environmental or other damages suffered as a result of the violation; 12 October 19, 2021 F - 14 iii. Reimburse the City for the costs of enforcement; and d. Other relevant factors. G. Any appeal of the Hearing Examiner's determination must be filed with superior court and served within 21 days of issuance of the decision pursuant to Chapter 36.70C RCW. 2.90.200 Determination of compliance. Persons responsible for a civil violation must notify the City Manager in writing of any actions taken to achieve compliance with a warning, notice of violation, voluntary compliance agreement, or stop work order. For purposes of assessing monetary penalties, a violation is considered ongoing until the person responsible for a civil violation has come into compliance with the notice of violation, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance to the City Manager. Upon confirmation that compliance has been achieved, the person responsible may request the City Manager to issue a written determination of compliance stating that the violations noted in the warning, voluntary compliance agreement, notice and order, stop work order, or other applicable order have been sufficiently abated. The City will mail copies of the determination of compliance to each person responsible for the violation. 2.90.210 Suspension, revocation, or limitation of permit. A. The City Manager is authorized to suspend, revoke, or modify any permit issued by the City whenever: 1. The permit holder has committed a violation in the course of performing activities subject to that permit; 2. The permit holder has interfered with the authorized representatives of the City in the performance of the authorized person's duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; or 5. The permit or approval is subject to sensitive area review, and the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or 13 October 19, 2021 F - 15 which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. B. Such suspension, revocation, or modification will be carried out through a notice of violation and is effective upon the compliance date established by the notice of violation. Such suspension, revocation, or modification may be appealed to the hearing examiner pursuant to PAMC 2.90.190. 2.90.220 Denial of permit. The City Manager is authorized to deny a permit when the property for which the permit is submitted is subject to any pending enforcement action or is in violation of any ordinance, resolution, regulation, or public rule of the City that regulates or protects the public health, safety, and welfare, or the use and development of land and water. Such denial may continue until the violation is corrected, as deemed complete by the City, and by payment of any monetary penalty imposed for the violation, except that permits or approvals will be granted to the extent necessary to accomplish any required corrective action. AMENDMENTS TO TITLE 8 - HEALTH AND SANITATION CHAPTER 8.05 - ABATEMENT OF JUNK VEHICLES 8.05.010 - Purpose. The purpose of this chapter is to preserve the character and safety of the City's neighborhoods by eliminating as nuisances,junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. 8.05.020 - Definitions. The following definitions apply to the terms in this chapter: A. "Junk vehicle" means any vehicle meeting the definition in RCW 46.55.010(5). B. "Enforcement Officer" means the City Manager. C. "Landowner" means an owner of private property or a person in possession or control of private property. 8.05.030 - Exemptions. This chapter does not apply to: A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or 14 October 19, 2021 F - 16 B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. 8.05.040 - Abatement and removal of junk vehicles on private property. A. The storage or retention of junk vehicles, or parts thereof, on private property is declared to constitute a public nuisance subject to abatement by removal and disposal. Upon inspection and confirmation that a junk vehicle exists, the enforcement officer will give notice in writing to the last registered owner of record of the junk vehicle and also to the property owner of record that a hearing may be requested before the hearing examiner, and that if no hearing is requested within 10 days, the City may remove the junk vehicle. Costs of removal may be assessed against the last registered owner of the junk vehicle if the identity of such owner can be determined, or the costs may be assessed the landowner of the property on which the junk vehicle is stored. B. If a request for a hearing is received, a notice giving the time, location and date of the hearing will be mailed certified with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll of the County Assessor and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that the identification numbers are not available to determine ownership. C. The owner of the land on which the junk vehicle is located may appear at the hearing or present a written statement prior to the hearing and deny responsibility for the presence of thejunk vehicle on the land,with the reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the landowner's consent or subsequent acquiescence, then the City will not assess administration or removal costs against the property upon which the vehicle is located or otherwise move to collect such costs from the landowner. D. After notice has been given of the City's intent to dispose of the junk vehicle, and after a hearing, if requested, has been held, thejunk vehicle, or part thereof, will be removed, at the request of a police officer, and disposed of by a registered tow truck operator with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. E. The City may, after removal of the junk vehicle from private property, file or record with the County Auditor a claim for lien for the costs of removal and disposal, which shall be in accordance with the provisions covering mechanics' liens in Chapter 60.04 RCW, and said lien may be foreclosed in the same manner as such liens. The City may alternatively choose in its sole discretion to collect any unpaid charges utilizing whatever legal options are available to the City, including but not limited to turning the matter over to a collection agency, filing a small claims court action, or filing a civil lawsuit in district or superior court. 8.05.050 - Violation—Penalty. In addition to the costs of abatement and to any penalties assessed for failure to comply with a notice of violation issued pursuant to PAMC 2.90.090, any person violating this chapter is 15 October 19, 2021 F - 17 deemed to have committed a civil infraction commencing upon the date that the enforcement officer or the Hearing Examiner had specified for completion of abatement, whichever date is later, and will be fined not less than $250.00 per violation. CHAPTER 8.30 — NUISANCES Sections 8.30.010 Scope. 8.30.020 Purpose. 8.30.030 Definitions. 8.30.040 Authority. 8.30.050 Nuisances prohibited 8.30.060 Nuisances defined. 8.30.070 Chronic nuisances. 8.30.080 Parking of vehicles on residential property 8.30.090 Enforcement. 8.30.010 - Scope. This chapter is supplemental to all other laws adopted by the City. In the event this chapter conflicts with another law or ordinance, the regulations that are more restrictive (or that impose higher standards or requirements) apply. 8.30.020 - Purpose. The purpose of this chapter is to create and maintain a safe and healthy environment for the residents of the City of Port Angeles by prohibiting those nuisances that contribute to injury, illness, devaluation of property, and the incidence of crime, or that affect the rights of the greater community. This chapter is enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. No provision or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees that would subject them to damages in a civil action. 8.30.030 - Definitions. As used in this chapter, the following terms have the meanings set forth in this section, unless a different meaning is clearly indicated by the context. Undefined terms, phrases, and words should be interpreted first using the definitions taken from the Building Codes,then, if not defined therein,from Chapter 17.08 PAMC, and then, if not defined 16 October 19, 2021 F - 18 therein, using their ordinary accepted meaning to give this chapter its most reasonable application. 'Attractive nuisance" means any object or condition that constitutes a hazard or danger, is accessible to unauthorized persons, and tends to draw attention or entices. "Building Codes" shall mean the current edition of the International Building Code, International Residential Code, National Electrical Code, International Property Maintenance Code, International Fire Code, and/or Urban Services Standards and Guidelines, as adopted by the City. "Director" includes, but is not limited to, the Chiefs of the Police Department or Fire Department, Directors of the Public Works and Utilities Department, the Department of Community and Economic Development, and their designee(s). "Driveway" means an improved surface or open area for use by a motor vehicle, for the purpose of accessing a parking area or for the parking of vehicles. "Front yard" means that area between the front property line and the face of the residential structure farthest from said property line. "Graffiti" means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed material that has been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property. "Impound" means to take and hold a vehicle in legal custody pursuant to law. "Improved surface" means any area that has been altered from a natural surface. "Inoperable vehicle" means a vehicle that cannot be legally operated on roads, highways, rights- of-way, waterways, or public lands due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle. "Light trespass" means any light emitted by a fixture between the hours of 10:00 p.m. and 5:00 a.m.for longer than 30 minutes continuously that shines beyond the property on which the fixture is installed at a brightness (illuminance) that exceeds 0.1 foot-candles at the property line. "Maintained surface" means a natural planted surface, such as grass or ground cover that is mowed and/or maintained to keep it in good condition and to prevent soil erosion. "Ongoing criminal activity related to the premises" means that (1) criminal activity is or has been occurring at the premises; or (2) criminal activity is or has been occurring near the premises and such activity has a reasonable and proximate connection to the premises, whether by owners, occupants, or their visitors. Examples of conduct or actions that constitute criminal activity occurring at or near the premises include, but are not limited to, the following: 17 October 19, 2021 F - 19 1. Arrest of one or more individuals by law enforcement during any 24-hour period; 2. Commission of a misdemeanor, gross misdemeanor, or felony at or near the premises and where there is a reasonable and proximate connection between the crime or criminal and the premises; or 3. Visits by law enforcement based upon a reasonable belief that a crime is occurring or has occurred, but which do not result in any of the actions identified in subsections (1) or (2) of this definition; provided, that visits alone may not form the sole basis for determining a premises to be a chronic nuisance premises. For purposes of this definition, arrests for or commission of misdemeanor or felony domestic violence shall not be considered criminal activity. [NOTE: Further investigation is on-going to determine whether the definition of "recreational vehicles" should be expanded to include tiny houses on wheels.] "Recreational vehicles" means any trailer, camper, or motor home, or any boat that is more than 14 feet in length. "Screening" means solid wood fencing, chain link fencing with slats, or solid landscaping capable of concealing parked vehicles from sight at or near the property lines; however, such screen need not exceed six feet in height. "Stored vehicle" means vehicles kept on a single-family residential lot for over two months without substantial movement of said vehicle. "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including, but not be limited to, automobiles, bicycles, motorcycles,trucks, motorized recreational vehicles, campers, travel trailers, boats on or off trailers, utility trailers, or other vehicles defined as such in Title 46 RCW. Campers, if removed from the towing vehicle and stored separately, are counted as a separate vehicle. 8.30.040 - Authority. Any Police Officer of the City and the City Manager may enforce this chapter and utilize any of the compliance provisions set forth in Chapter 2.90 PAMC. 8.30.050 Nuisances prohibited. 18 October 19, 2021 F - 20 It is unlawful for any person, or the person's agents, employees, or invitees, to erect, contrive, cause, continue, maintain, or permit to exist any nuisance within the City including on the property of any person or upon any public rights-of-way. 8.30.060 - Nuisances defined. The following acts, omissions, places, conditions, and things are declared to be nuisances: A. Vegetation. 1. Overgrown, uncultivated, or untended vegetation of any type that substantially obscures structures on the property or blocks or impedes access to structure on the property. 2. Grasses and other vegetation over 12 inches in height, excluding cultivated and tended shrubbery, trees, ornamental plants, and flowers within a planting bed or container. 3. Dead, decaying, or diseased vegetation of any type, except when in an enclosed container or in a managed composting operation. 4. Noxious weeds as defined in Chapter 16-750 WAC or any toxic vegetation. 5. Accumulation for more than two weeks of vegetation waste, including, but not limited to, grass clippings, cut brush, cut trees, and/or cut weeds, except when in an enclosed container or in a managed composting operation. 6. Compost not kept in a manner to prevent it from attracting infestations of rodents or insects, or emitting foul odors. 7. Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner as to obstruct or impair the free and full use of any public walkway, sidewalk, or street; or violate City clear view triangle regulations in Title 17 PAMC. B. Buildings, structures, and improvements. 1. Any building or structure, or portion thereof, that is decayed, dilapidated, unsafe, damaged, or in disrepair, to the extent that it poses a threat of collapse, structural failure, or falling. 2. Any building or structure, or portion thereof, constructed with inappropriate materials, or improperly fastened together or anchored, to the extent that it poses a threat of collapse, structural failure, or falling. 19 October 19, 2021 F - 21 3. Any partially constructed building or structure, or portion thereof that has been left unattended and unfinished for more than 90 continuous days. 4. Any building or structure, portion thereof, or improvement, that does not comply with the Building Codes. 5. Any building, structure, or portion thereof, used for habitation that does not have functioning electricity, water, or sanitation services. 6. All vacant, unused, or unoccupied buildings and structures,that are allowed to become or to remain open to entrance by unauthorized persons or the general public. C. Accumulations of garbage and materials. 1. Any accumulation, stack, or pile of building or construction materials associated with a current, in-progress project and not in a lawful storage structure or container. 2. Any accumulation of broken, discarded, inoperable, or neglected items or parts thereof, including, but not limited to, household furniture, furnishings, equipment, appliances, machinery, litter, salvage materials, or junk not in an approved enclosed structure, container, or waste receptacle. 3. Any garbage, waste, refuse, litter, debris, recyclables, rubble, or other materials, or combination thereof, not in an approved enclosed structure, container, or waste receptacle. D. Maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon, any private or public property any of the following: 1. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of any dead animal or fish or the offal, garbage, or other offensive parts of any animals. 2. Any materials, garbage, waste, refuse, litter, or debris in which insects may breed or multiply; which provides harborage for rats or other vermin 3. Any open drain, sewer, or septic tank that emits any noxious, foul, offensive, injurious, unpleasant, or disagreeable odor or substance. 4. Any noxious, foul, or putrid substance. 5. Harmful insects, such as, tent caterpillars. E. Hazardous Conditions. 20 October 19, 2021 F - 22 1. Any refrigerator, freezer, or food-storage locker having a capacity of one and one-half cubic feet or more, or any other container manufactured, custom-made or homemade designed for storage that is discarded, abandoned or left in any place accessible to children and that has not had the door, lid, or latching mechanism removed to prevent the latching or locking of the door or lid. 2. Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances, that have not had the doors secured or removed. F. Streets and Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, damage, condition, or act that interferes with, inhibits, obstructs, or renders dangerous the use of a public walkway, sidewalk, street, or highway and other rights-of-way in the City, or . 3. Accumulations of dirt or debris that inhibits or obstructs the use of a public walkway or sidewalk. 4. All obstructions to streets, rights-of-way, or other public ways that are made without lawful permission, or that, having been made with lawful permission, are kept and maintained after the purpose thereof has been accomplished. G. Fire Hazards. Any stack or accumulation of flammable material left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal. H. Any dangerous wastes, hazardous household substances, hazardous waste, moderate-risk wastes, or any hazardous materials, as defined in RCWs 70.136.020 and 70A.300.010, that are not securely contained within an appropriate storage container. I. Smoke, Soot, Dust, or Odors. 1. Allowing the escape or emission of any smoke, soot, fumes, gases, or odors that are offensive or harmful to a reasonable person. 2. Burning or disposal of refuse, sawdust, or other materials in such a manner as to cause or permit ashes, sawdust, soot, or cinders to be cast upon the streets or alleys of the City, or to cause or permit the smoke, ashes, soot, or gases arising from such burning to become annoying or to injure or endanger the health, breathing, or comfort of persons. 3. Any disturbance of any land area, or permitting the same, without taking affirmative measures to suppress and minimize the blowing and scattering of dust that unreasonably interferes with the breathing or comfort of a reasonable person. 21 October 19, 2021 F - 23 J. Bodies of Water. 1. All stagnant, pooled water, excluding any City-approved structures related to storm drainage systems. 2. The polluting of or unapproved discharge into any waterway, well, or body of water. 3. Interference with, damage to, or polluting of designated habitat areas, restoration sites, streams, creeks, lakes, wetlands, or tributaries and similar areas thereto. K. Graffiti. Any graffiti on public or private property. L. Development Code Violations. Any violation of PAMC Titles 14, 15, 16, 17, or 18. M. Allowing, creating or maintaining the existence of an Attractive Nuisance. N. Illicit discharges into the municipal storm drainage system as defined in Chapter 13.63 PAMC. O. Any excavated or naturally occurring hole, vault, sump, pit, well, or any other similar condition, that is not fenced or otherwise secured to prevent access. P. Noise. 1. Any noise or sound, regardless of origin, that intrudes into the property of another person within a residential zone and that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as currently adopted and hereafter amended. 2. The following are exempt from this chapter: a. Sounds created during the normal use of public rights-of-way; b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; d. Sounds created by surface carriers engaged in commerce; e. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; h. Sounds originating from officially sanctioned parades and other public events; 22 October 19, 2021 F - 24 i. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; j. Sounds created in conjunction with the collection of solid waste; k. Sounds created in conjunction with military operations or training; and I. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation. 3. The following are exempt from this chapter between 7:00 a.m. and 8:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds, and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance is conducted at remote sites whenever possible; and e. Sounds created by the installation or repair of essential utility services. 4. The following are exempt from this chapter between 7:00 a.m. and 8:00 p.m., or at any hour when conducted beyond 1,000 feet of any residence: a. Sounds originating from temporary construction sites as a result of construction activity; b. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; and c. Sounds originating from uses on properties that have been granted permits to operate within certain noise standards. Q. Motor vehicles. 1. Use of any motor vehicle, RV, utility trailer, or travel trailer for living or habitation purposes, except in an area designated for such purposes and with proper permits, if required. 23 October 19, 2021 F - 25 2. Use of any motor vehicle, RV, utility trailer, or travel trailer for storage of property or trash. R. Any other violation of the PAMC or state law deemed a "nuisance" or "public nuisance." 8.30.070 - Chronic nuisances. A. It is unlawful for any person to erect, contrive, cause, continue, maintain, or permit to exist any chronic nuisance within the City. A chronic nuisance exists when any of the following conditions occur: 1. During any continuous 12-month period: a. A final determination has been made by the City that two or more conditions on the property constitute a nuisance pursuant to this chapter; and b. the property has four or more occurrences of ongoing criminal; or 2. During any 12-month period, the property in question has five or more occurrences of ongoing criminal activity. B. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be responsible for the nuisance: 1. affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or ongoing criminal activity; and 2. is not the perpetrator nor allows the perpetration of the nuisance or ongoing criminal activities. [NOTE: Additional revisions are under consideration for this section, such as overall intent and whether to move this subsection .090 into the development code] 8.30.080 - Parking of vehicles on residential property. The parking or storage of vehicles on single-family residential lots in violation of the following standards is be considered a nuisance. A. Side yard and rear yard. Parking of vehicles in the combined side and rear yard areas is allowed only if the following conditions are met: 1. The lot must have legal access from the adjacent street or alley; 24 October 19, 2021 F - 26 2. There must be a minimum of three feet of unobstructed space between a vehicle parked in a side yard and any structure, and a minimum of five feet space from the side property lines. 3. Parking must be on an improved or maintained surface and is limited to a total area of no more than 40 percent of the combined side and rear yard areas. B. Front yard. Where alley access is available, parking in the front yard is prohibited. Parking of vehicles on residential lots in the front yard shall be permitted only to those lots which have legal access from the adjacent street or alley. Parking must be on a properly prepared all-weather surface, including, but not limited to, concrete, asphalt, gravel, approved permeable paving materials, or other material approved by the Building Official, and is limited to no more than 40 percent of the front yard area. C. Number of vehicles parked in the open. The total number of vehicles parked or stored outside an approved structure in the front, side, and rear yard areas combined is limited to no more than four, subject to the limitations above. D. Exceptions. The Building Official may, under the following circumstances, grant an exception to the maximum number of vehicles parked on a single-family residential lot or allowed in the front, rear, or side yards: 1. Additional vehicles may be allowed in a particular yard if vehicle access to other yards is unavailable. 2. If the number of individuals with valid driver's licenses within the household exceeds four. Applications for an exception must be made in writing to the Building Official.The Building Official, when determining the outcome of the exception, may take additional mitigating factors under consideration. Exceptions are subject to review upon receipt of additional complaints.The Building Official's decision on an exception is final and not subject to appeal. E. Storage standards. Inoperable stored vehicles on residential lots shall be limited to the rear yard area. Screening shall be provided between the inoperable vehicles and adjacent properties or rights-of-way. All stored vehicles must be maintained in a clear and safe manner. F. Parking within an enclosed structure. All vehicles which are fully enclosed within a legally constructed garage or other structure are not considered as part of the allotted number of vehicles. G. Recreational vehicles. No more than two recreational vehicles may be parked anywhere on a property. Storing boats, campers or other recreational or accessory vehicles in an unstable manner is prohibited. 25 October 19, 2021 F - 27 H. Repairing of vehicles on a property is prohibited unless: 1. The maintenance or repair does not to exceed 30 calendar days per vehicle; 2. The vehicle being repaired is registered to a resident of the property; 3. The repair is not in association with any business of buying, selling, repairing or restoring of vehicles or parts, unless the property is authorized and licensed by the City for such business; 4. The repair is conducted in a manner that does not violate noise regulations; and 5. The repair is conducted in a manner so as not to allow any vehicle fluids to saturate the ground or enter any drainage system or body of water. I. Leaving vehicles unattended on blocks, jacks, ramps or otherwise elevated above the ground in an unstable manner is prohibited. J. All vehicle parts and accessories, including but not limited to, containers of oils and fluids must be appropriately stored in an approved structure. 8.30.090 - Enforcement. This chapter is enforced in accordance with Chapter 2.90 PAMC. AMENDMENTS TO OTHER PAMC SECTIONS OUTSIDE TITLE 8 7.01.045 - Disposal of animal carcasses. A. The carcasses of dead animals must be removed and disposed of by burial, licensed incineration, or other proper method within 24 hours after death. If the carcass is buried, it must be placed so that every part thereof is covered by at least two feet of earth and at a location not less than 100 feet from any well, spring, or stream and in a place not subject to overflow by surface water. In all cases of death from communicable disease, the carcass, if disposed of by burial, must first be enveloped in unslackened lime. B. It is unlawful to dispose of or dump dead animals, animal carcasses, or animal parts on public property. It is unlawful for a commercial establishment to charge for the disposal of animals by dumping or burying without proper permits. 26 October 19, 2021 F - 28 C. Violation of this section is deemed a misdemeanor. 7.07.060 - Violation as constituting a public nuisance. In addition to the foregoing remedies, the violation of this title constitutes a public nuisance and may be abated in any manner authorized by Chapter 2.90 PAMC, or Chapters 7.48 and 9.66 RCW. 11.12.160 - Prohibited obstructions—Declared nuisance. All obstructions violating this chapter are hereby declared to be nuisances and may be abated in accordance with Chapter 8.30 PAMC, except that signs or other objects located within City right- of-way in violation of this chapter may be removed by the City without notice and destroyed. 11.13.050 - Street trees—General requirements. E. Abuse or mutilation of trees prohibited. 1. It is unlawful for any person to intentionally damage, carve or otherwise injure any street tree and may be considered abuse or mutilation of a tree subject to remedial action under Chapter 2.90 PAMC. 2. Pruning of street trees that does not meet the best management practice standards as established in the Urban Services Standards and Guidelines Manual may be considered abuse or mutilation of a tree subject to remedial action under Chapter 2.90 PAMC. 27 October 19, 2021 F - 29 P-Q-R-TANGELES CITY COUNCIL WASH I N G r o N , u , s , MEMO Date: October 19,2021 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Public Hearing on the 2022 Budget Revenue Sources Summary: State law(RCW 84.55.120)requires that the City hold a public hearing to gain public input on revenue sources for the next fiscal year(2022)budget. The presentation to Council includes all revenue sources,including property tax, for the City' s General Fund, as well as providing information regarding revenue sources for all other funds within the 2022 City Manager Recommended Budget. The 2022 City Manager Recommended Budget will be presented to Council at a Work Session on October 26th. The budget is available for examination on the City' s website or can be made available upon request to the City Manager's Office. Funding: This presentation will provide Council and the public with detailed revenue information proposed for the 2022 City Manager Recommended Budget.No funding issues or expenditures are associated with the Public Hearing. Recommendation: It is recommended tonight that the City Council: 1. Open the Public Hearing on 2022 Revenue Sources. 2. Close the Public Hearing. Background / Analysis: In accordance with State law,the 2022 City Manager Recommended Budget was filed with the City Clerk on October 8,2021. In addition, a work session on the 2022 City Manager Recommended Budget will be held on October 26th,during which the City Manager,Finance Director,Budget Officer and City staff will review proposed revenues and expenditures for the City. To help guide the City in the preparation of the 2022 City Manager Recommended Budget, staff worked on continuing alignment with City priorities. Council has provided clear direction to staff through strategic planning and adopted policies. Some of these focus areas include analyzing current revenues as well as the possibility of new revenue sources that are affordable to our citizens.The 2022 Budget was built on a conservative approach to accommodate City policies as well as the uncertainty of revenue sources due to the current pandemic. Review of the City's tax revenue sources, as well as the City's other revenue sources,indicated that the near-term revenue outlook for the City is returning to pre-pandemic levels in most areas,however the overall and long-term financial impacts remain largely unknown. All City revenues will be discussed in the revenue sources presentation. 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L c 0 ozs _ CL N -v ♦' ob aA _ ago = _ O -v •s -� O m a) a) cd _ C (V = u N O N a 'N 0 Ob C O by O b� H •0 N cd u � L. by0 a) 4 L c ON N coCL � O N N - O C�s Z3 u N C � � _ _ _ CD W N N N .� ._ •�, N N N O (V c -0 _ '0 u > > > V LV ON zM Za z2 o � I m �J z O o (A Vl p 1 = (A 6 Q IV li � w N O � z � N O (A LU D n a u z tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: October 19, 2021 To: City Council From: Abbi Fountain,Human Resources Manager Chris Cowgill,Assistant City Attorney Subject: AFSCME Local#1619 Collective Bargaining Agreement Summary: The City has negotiated with AFSCME Local#1619 for a one-year amendment to the 2019- 2020 Collective Bargaining Unit as follows: • Contract extended one year; January 1,2021 to December 31,2021. • No wage adjustments to current salary schedule. • $450 one-time heath care premium offset contribution. • Eighty hours of COVIDI9/Vacation leave bank. • Add one,eight(8)hour"Wellness"holiday to be used in 2021. • Vacation Leave Accrual caps will be removed in 2020 and 2021. • Tentative Agreement to restructure vacation leave. Funding: The increased cost to the 2021 budget is approximately$42,750. Recommendation: Approve and authorize the City Manager to sign the AFSCME Local#1619 one- year amendment to the 2019-2020 collective bargaining agreement including terms as outlined in this memorandum and authorize the City Manager to make minor modifications to the amendment as necessary. Background / Analysis: AFSCME Local#1619 is the largest represented group in the City with just over 90 members. Representation spans all departments and divisions to include Public Works&Utilities,Parks& Recreation, Community& Economic Development,Finance,and Information Technology. The City and AFSCME began union negotiations in October 2020. Considering the unforeseen impacts of the COVID-19 pandemic, City and the union agreed to negotiate a one-year contract amendment. During negotiation sessions,the City and the Union agreed to amend the 2019-2020 Collective Bargaining Agreement as follows: • Extend the terms of the contract for one year: January 1,2021 to December 31,2021. • No general wage adjustments or COLA's for 2021. • The City will provide a one-time health care premium offset of$450 to all regular full and part-time employees employed in 2021. • City will create a separate leave bank titled COVIDI9/Vacation with a balance of eighty (80)hours. If an employee is unable to use the leave before 12/31/21,the employee will be able to carryover the unused portion for up to a five (5)year period with an expiration October 19, 2021 1 - 1 date of 12/31/25. COVIDI9/Vacation leave is not eligible to be cashed out upon separation from the City. • The City will add one,eight (8)hour `Wellness' holiday to be used during calendar year 2021. • Vacation accruals over the maximum annual amount will be allowed during the calendar year(s)2020 and 2021,to be carried over for an additional year and use through December 31,2022. Hours in excess of the maximum annual amount are not eligible to be cashed out upon separation from the City. • The City and AFSCME agree to implement a vacation restructure in 2022 based on terms outlined in a Tentative Agreement. • Other language items regarding Higher Class Pay,Teleworking and Flexible Schedules and Labor Management Meetings. Funding Overview: The increased cost to the 2021 budget is approximately$42,750($28,215 Utilities/$14,535 General Fund). October 19, 2021 1 - 2 AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PORT ANGELES AND AFSCME LOCAL #1619 This COLLECTIVE BARGAINING AGREEMENT AMENDMENT is made and entered into between City of Port Angeles ("Employer") and AFSCME Local #1619 ("Union"). The Parties mutually agree that the 2019-2020 Collective Bargaining Agreement (CBA) is amended as follows: 1 . The term of the CBA is extended through December 31 , 2021. 2. No adjustment to current wage schedules. 3. In recognition of a one-year contract extension during the COVID-19 pandemic, the City will pay a one-time health care premium offset contribution of$450 for any regular full-time and part-time employee employed as of January 1 , 2021 or hired in 2021 . 4. The City will create a separate leave bank titled COVID19/Vacation with a balance of eighty (80) hours. If an employee is unable to use the leave before 12/31/2021, the employee will be able to carryover the unused portion for up to a five (5) year period with an expiration date of 12/31/2025. COVID19/Vacation leave is not eligible to be cashed out upon separation from the City. 5. The City will add one (1) eight (8) hour `Wellness' holiday to be used during calendar year 2021 . 6. Vacation Leave Accrual: Accruals over the maximum annual amount will be allowed during the calendar year(s) 2020 and 2021 , to be carried over for an additional year and used through December 31 , 2022. Hours in excess of the maximum annual amount are not eligible to be cashed out upon separation from the City. 7. Vacation Restructure Tentative Agreement. (See attached) 8. Section I- Higher Class Pay— When an employee is assigned to work in a higher classification for four or more consecutive hours, the employee shall be paid higher class pay at a salary level for the higher class which reflects a minimum of Amendment to Extend 2019-2020 AFSCME LOCAL#1619 CBA term through 12/31/2021 Page 1 1 October 19, 2021 1 - 3 a one-step increase above the current base wage, for the duration of the assignment, calculated to the nearest thirty (30) minutes. When employees are assigned to work in a classification outside of the contract their compensation shall be a minimum 5% premium pay (including base wage and longevity pay). Terms and conditions regarding when an employee is assigned to work out of class as a Division Manager or Superintendent is governed by the Public Works & Utilities Department Policies and Procedures. 9. Telework and flexible schedules — Minimum of thirty (30) day notice to any changes to schedule back to a standard schedule; 30-day notice may be waived upon mutual agreement by both parties. If an employee who is teleworking is required to attend an in-person meeting or be at their City work location, management will provide a seven (7) day notice. Departments are encouraged to adjust to a flexible work schedule if mutual parties accept the hours of change. 10.Labor Management — City agrees with monthly Labor Management meetings to discuss salary survey and vacation accrual survey by September 2021 and shall also include discussions on scheduled versus non-scheduled overtime and double-time compensation. Implementation of these items will be negotiated during the 2022 year and beyond, contract negotiation period. 11 .Except as expressly provided in this Agreement, all other terms and conditions of the original CBA and any subsequent amendments, addenda, or memorandums of understanding thereto, remain in full force and effect. DATED this day of 20 CITY OF PORT ANGELES AFSCME LOCAL #1619 Nathan West, City Manager Aaron Cole, Staff Representative Approved as to form by: Abbi Fountain, HR Manager Amendment to Extend 2019-2020 AFSCME LOCAL#1619 CBA term through 12/31/2021 Page 1 2 October 19, 2021 1 - 4 Tentative Agreement between the City of Port Angeles and AFSCME Local 1619 Vacation Restructure The City and the union agreed to a one-year contract extension due to the uncertainties of the COVID-19 pandemic that began in 2020. The one-year contract extension provided a one-year rollover of the existing contract and included leave benefits in recognition of AFSCME member's continuing to work diligently and safely during the pandemic. This tentative agreement outlines a restructure to the current vacation structure. Both parties agree to transition to the below structure and be incorporated into the upcoming union contract effective the first pay period in April 2022. Hours/pay Hours/pay Annual Maximum Year ep riod Hours PaysLyear Accrual Hours 1 3.40 88.40 11.05 176.80 2 3.71 96.46 12.06 192.92 3 4.02 104.52 13.07 209.04 4 4.33 112.58 14.07 225.16 5 4.64 120.64 15.08 241.28 6 4.95 128.70 16.09 257.40 7 5.26 136.76 17.10 273.52 8 5.57 144.82 18.10 289.64 9 5.88 152.88 19.11 305.76 10 6.19 160.94 20.12 321.88 11 6.50 169.00 21.13 338.00 12 6.81 177.06 22.13 354.12 13 7.12 185.12 23.14 370.24 14 7.43 193.18 24.15 386.36 15 7.74 201.24 25.16 402.48 16 8.05 209.30 26.16 418.60 17 8.36 217.36 27.17 434.72 18 8.67 225.42 28.18 450.84 19 8.98 233.48 29.19 466.96 20 9.29 241.54 30.19 483.08 21 9.60 249.60 31.20 499.20 22 9.91 257.66 32.21 515.32 23 10.22 265.72 33.22 531.44 24 10.53 273.78 34.22 547.56 25 10.84 281.84 35.23 563.68 26 11.15 289.90 36.24 579.80 27 11.46 297.96 37.25 595.92 28 11.77 306.02 38.25 612.04 October 19, 2021 1 - 5 29 12.08 314.08 39.26 628.16 30 12.39 322.14 40.27 644.28 Remainder of Article unchanged beginning at Section A.2. In recognition that this is a transition to a new vacation restructure, both parties agree that the current maximum levels outlined in the current union contract will remain when it comes to cash out at time of separation. Cash out levels at time of separation will be the following: Years of Cash out Service maximum 1-5 years 176 6-10 years 256 11-15 years 336 16-20 years 416 21-25 years 496 The City and the union will begin negotiations for year 2022 no later than October 2021. If a contract is not agreed upon by March 31, 2022, this tentative agreement is null and void. An extension to this tentative agreement may be granted if both parties agree. Dated this day of 2021 CITY OF PORT ANGELES AFSCME LOCAL 1619 Nathan West Aaron Cole City Manager Staff Representative October 19, 2021 1 - 6 /•,�++� P ORT A NGELES CITY COUNCIL = WASH I N G T o N , u , s , MEMO Date: October 19, 2021 To: City Council From: Nathan West, City Manager Sarina Carrizosa,Finance Director Subject: Update on the use of American Rescue Plan Act Funding Summary: In June of 2021,the City was informed that we would be receiving $5,646,884 from the American Rescue Plan Act(ARPA). Also in June,the City received the first half of this funding, $2,823,442,in accordance with the requirements of the ARPA guidance. The second half of the funding will be received in June of 2022. Since July Council has had several discussions regarding the eligible uses of this funding and has obligated approximately half of the funding for use. This memo will provide Council with an update on the funding that has been obligated to-date as well as spending expected prior to June of 2022 to determine amounts remaining for obligation and spending based on funding received thus far. Additionally, Staff has included one additional item for council consideration of eligible uses in this memo. One of the many lasting impacts from the pandemic has been the ability of families in Port Angeles to obtain and afford childcare.The City has been approached by a local non-profit with a request for assistance providing these services in our community. This will also be discussed in this memo. Funding: All recommendations will be funded from the $5,646,884 received from the American Rescue Plan Act(ARPA). Recommendation: Staff requests that Council: 1) Consider the new option for funding childcare; and 2) Authorize an additional ARPA contribution to Boys& Girls Clubs of the Olympic Peninsula in the amount of$106,400 for new and expanded services for childcare in Port Angeles and bring back the necessary documents for City Council approval. Background / Analysis: In June of 2021,the City was informed that we would be receiving $5,646,884 from the American Rescue Plan Act(ARPA). Also in June,the City received the first half of this funding, $2,823,442,in accordance with the requirements of the ARPA guidance.The second half of the funding will be received in June of 2022. Since July Council has had several discussions regarding the eligible uses of this funding and has obligated approximately half of the funding for use. This memo will provide Council with an update on the funding that has been obligated to-date as well as spending expected prior to June of 2022 to determine amounts remaining for obligation and spending based on funding received thus far. The table below demonstrates obligated funding as well as expected spending to determine remaining available funding. October 19, 2021 1 - 7 Funding Amount Spent Funding Program/Expense Received Amount as of 6/2022 Remaining 6/2021 Appropriated (Estimated) 6/2022 Affordable Housing $1,000,000 $687,500 $256,200 Front Desk Attendant $194,000 $129,300 $64,700 Communication/Records Specialist $194,000 $48,500 $145,500 PrgjectManager $225,000 $56,300 $168,700 Support for Blackball Fe $500,000 $500,000 - Pandemic expense reimbursement $100,000 $50,000 $50,000 Past Due Utility Bill Relief $250,000 $250,000 - Public Meetings Technology $50,000 $50,000 - ERP/Software Needs $133,900 $133,900 - Total ARPA i 646 ' II $1,905,500 $861,600 As demonstrated in the table above based on current allocations the City has $176,500 that has not been obligated from the first tranche provided form ARPA funding. Additionally,due to the timing in spending $685,100 is expected to be spent after June of 2022.Meaning a total of$861,600 will be remaining from the first portion of funding that was provided when the second tranche is received in June of 2022. It is also important to share that based on Council action relative to Peninsula Behavioral Health(PBH)on September 2l't $389,911 will be help in ARPA reserves until PBH receives notice on their State Department of Commerce Grant Award. Please note these estimates are based on information available as of this date and may change if additional funds are obligated or if spending occurs sooner than expected. Additionally, Council has the ability to obligate additional ARPA funds for spending at a later time once remaining funding has been received. Finally, City staff has been approached about the use of ARPA funding for childcare efforts that promote safe and affordable options for families. The pandemic created shortages in childcare programs and exacerbated an already limited service in our community. This further complicated an already complex issue for our community. The Boys & Girls Clubs of the Olympic Peninsula has contacted the City with options for solutions in this area,however they will require needed funding to provide these services to our community. Specifically,the Boys & Girls Clubs would like to offer expanded services by creating more affordable options for families as well as expanding services to include increased hours of operation and additional programs. The Boys & Girls Clubs is unique in that they offer services without support from taxes or other funding sources. Additionally, the Boys& Girls Clubs as a non-profit is not eligible for the grants that are available for private businesses operating similar programs and State resources have been limited to licensed providers. Further, the Interim Rule regarding ARPA funding allows for"Promoting Healthy Childhood Environments"by supporting"New or expanded high quality childcare to provide safe and supportive care for children." The allocation for support in this area would meet Councils Strategic Plan Issue of Critical Importance #3 — Capacity and #4 — High Performing Relationships. Staff is recommending Council obligate$106,400 to the Boys&Girls Clubs of the Olympic Peninsula for childcare needs in the Port Angeles community. Attached is a detailed request from Boys & Girls Clubs with items 1 and 3. on the request being identified as most aligned with ARPA guidance. Staff is requesting Council provide direction on the obligation of this funding for childcare needs as well as direction to work with the Boys& Girls Clubs to prepare and agreement for Council approval. October 19, 2021 1 - 8 Further discussion with Council on the remaining ARPA funding available to the City will occur at a future Council meeting. The City must obligate funds for spending prior to December 31, 2024 and fully expend all funds prior to December 31,2026 and therefore has time for further consideration and discussion of this funding.It is necessary to obligate these funds to ensure the City will be able to implement and plan for the recommended services as soon as possible and to comply with the guidance on the funding uses. Funding Overview: All recommendations will be funded from the $5,646,884 received as a result of the American Rescue Plan Act(ARPA). Attachment October 19, 2021 1 - 9 Request to Port Angeles City Council for ARPA Child Care Funding The Boys & Girls Clubs of the Olympic Peninsula provides one of the only truly affordable child care options in Clallam County, along with evidence-based programs that support academic success, healthy lifestyles, and good character and leadership for children aged 5-18. Our new Clubhouse in Port Angeles opened in March 2021, giving us the opportunity to welcome the 200 children on our waiting list. When COVID struck in March 2020, we kept our doors open and expanded our hours of operation to 10 hours/day, 5 days/week. We hired a new education professional to support a new remote learning program, delivered nearly 100,000 free healthy meals to low-income children throughout the county, and initiated a new program to bring youth therapists from Peninsula Behavioral Health to the Club for one-on-one counseling sessions with children experiencing heightened trauma. The city's support will help our Clubs recover from the financial fallout of the pandemic, as well as address COVID needs going forward. We are asking the Port Angeles City Council to support one or all of the following elements, as deemed eligible according to ARPA regulations for child care grants. These elements are not duplicated in any current or pending proposals to other public and private funders: 1) Reduce client fees: We charge $30/year for Club membership, which provides youth with unlimited access to our after school programs and USDA-approved meals and snacks. Our full-day program, which operates whenever school is not in session, normally costs$15/day. We have reduced this fee for the past 18 months to $10/day, in order to help families dealing with financial losses from COVID. Because we expect that financial recovery will be slow for our members, we would like to continue offering this 33%fee reduction for the next two years. The proposed fee reduction will result in the following extra expense for the Clubs: 2021/22 =85 days x$5/day fee reduction x 125 PA Club members= $53,125 2023 =75 days x$5/day fee reduction x 125 PA Club members= $46,875 This calculation includes only normal school holidays. If the pandemic necessitates further school closures, our cost for offering reduced daily attendance fees will be much higher. 2) Cost mitigation for COVID health and safety regulation compliance: We have rigorously followed all local, state, and federal guidelines for maintaining a safe and healthy environment during the pandemic. Based on past expenses, we estimate that we will need $10,000 in 2021/2022 to cover the costs of PPE (masks, gloves, etc.), disinfection supplies, supplies related to maintaining social distancing and limiting the use of materials by more than one child; and staff time for contact tracing, special training, and other COVID-related requirements. 3) Extending operation hours: Currently, our Port Angeles Club opens each weekday at 7:45 AM. We have received an urgent request from several parents/caregivers at local medical facilities to open one hour earlier, as their shifts begin at 7:00 AM. Meeting this demand will cost$6,400 annually in additional staff time. 4)Transport van: COVID has highlighted our need for additional transportation capacity. Not all those who wish to attend the Club are covered by school or parent/caregiver provided transportation, especially with COVID's financial impact on families. This applies especially to those with high need, such as the children at Hamilton Elementary School, which is not encompassed by our normal bus route. An additional vehicle is also needed to accommodate adequate social distancing for children;we do not have enough "seats" to allow kids to spread out adequately nor enough staff for unlimited duplicate trips. Further, we provide our own vehicles to transport the staff, volunteers, and coolers needed for our free meal delivery to public housing, parks, schools, and other easily accessible locations in Port Angeles;we've reached the point where we are no longer able to fully meet demand. Finally, we have received several grants to support wilderness and nature conservancy field trips; here, too, additional transportation capacity will ensure that we are able to support the participation of as many children as possible in these excursions as we strive to incorporate as many outdoor activities as we can... another COVID precaution. We have received a generous$25,000 grant from our local Rotary. We estimate that we need another$35,000 in order to purchase a good quality, safe, and reliable used 14-person van. Thank you for considering this request from the Boys & Girls Clubs of the Olympic Peninsula. October 19, 2021 1 - 10 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: October 19, 2021 To: City Council From: Allyson Brekke,Director of Community and Economic Development Subject: Climate Action Plan Greenhouse Gas Inventory Results Summary: The City's Climate Action Plan is part of the City's 2020-22 Strategic Plan and 2021 Workplan. These plans include several tasks including the completion of a greenhouse gas inventory that measures both government and community-wide emissions. While working interdepartmentally with consultant Cascadia Consulting,Inc., and the community volunteer group termed the "Climate Action Plan Group"(or CAPG),City staff was able to complete the inventory using 2019 as a baseline year.This memo details the initial findings. A full report is forthcoming and will also be presented to the City Council as a subsequent informational item. Funding: The Climate Action Plan effort was approved by City Council as a part of the 2020 and 2021 City budgets. Recommendation:No recommendation at this time. Presented as information only. Background / Analysis: Background On November 17,2020 City Council directed staff to enter into a contract with Cascadia Consulting,Inc. to complete four tasks: Task I —Kick-Off Meeting&Project Management Task 2—Public Outreach&Participation Plan Task 3 —Community&Municipal Greenhouse Gas Inventory Task 4—Climate Resiliency Plan Task 3 involves the essential step in completing the Climate Action Plan process.The task completes a greenhouse gas(GHG) emissions and demographic data collection and organization for use in the Climate Action Plan to understand the unique GHG emissions of Port Angeles.The inventory that was performed is based on 2019 data and includes an analysis of the City's electric,solid waste,water, and wastewater utilities; transportation statistics, fugitive emissions from sources such as refrigerants and wood stoves; and propane use. The City of Port Angeles performed the analysis using ICLEI's C1earPath tool that was purchased in 2019.Major sources of data were derived from: • City of Port Angeles Public Works&Utilities(Energy, Solid Waste,Water&Wastewater); • Port of Port Angeles and Black Ball Ferry; October 19, 2021 1 - 11 • Clallam Transit; • Washington State Department of Transportation(WSDOT); and • U.S. Energy Information Administration Inventory Findings Along with the coordination of City staff from several departments and divisions,consultant Cascadia Consulting,Inc and the Climate Action Plan Group(CAPG)volunteers were instrumental in successfully collecting,interpreting,collating, and submitting essential data for the inventory. It can't be understated how much coordination is required for an inventory and analysis of this size,especially one that has never been performed by the City before with data that was collected without GHG emissions in mind. Attachment A provides a short slide deck in order to better visually understand the emissions mix, and the percentage mixes are provided below: COMMUNITY EMISSIONS Emission Tyne Sum of CO2e (MT) Percentage of Total Emissions Commercial Energy 1,580 1.2% Industrial Energy 155 0.1% Process&Fugitive Emissions 18,958 14.3% Residential Energy 2,090 1.6% Solid Waste 19,939 15.0% Transportation 89,299 67.3% Upstream Impacts of Activities 173 0.1% Water&Wastewater 403 0.3% Grand Total 13,2597 100.0% MUNICIPAL(GOVERNMENT)EMISSIONS Emission Type Sum of CO2e (MT) Percentage of Total Emissions Buildings&Facilities 143 9% Streetlights&Traffic Signals 10 1% Vehicle Fleet 895 57% Solid Waste Facilities 131 8% Water&Wastewater Treatment Facilities 402 25% Total 1,581 100% It's important to note that when looking at total emissions from both inventories,the emissions from the City of Port Angeles 2019 operations equates to around 1 percent of the total emissions within Port Angeles. This inventory is the first of many that will be performed in the future in order to assess the progress of priorities and direction provided by the Climate Action Plan. On October 7t1i several members of City staff and a representative of Cascadia Consulting met for a debrief and offboarding discussion related to the inventory and City data availability. In order to perform the inventory more efficiently,effectively, and in a more coordinated manner, staff discussed the successes and failures of the process from their unique data-gathering perspective. An effort will be made by staff to find solutions to issues and to October 19, 2021 1 - 12 document each data collector's process. The group also discussed gaps in the data and how those gaps can be addressed and filled in future inventory efforts. In November Cascadia Consulting will meet with staff and the CAPG to provide training and hand off work with ICLEI C1earPath for future inventory efforts. Next Steps Cascadia Consulting is currently creating a 2-5-page GHG emissions inventory report that summarizes the methodology and key findings of the community and municipal inventories that will be included in the final Climate Resiliency Plan. With the inventory complete,the Climate Action Plan process is entering into a larger Participation and Outreach process.With the assistance of staff and Cascadia Consultants,the CAPG will begin outreach across the community in pop-up events. Cascadia met with the CAPG at the end of September to discuss the GHG inventory and strategies for outreach. The first of two workshops is scheduled for November 17th with the Planning Commission. Funding Overview: The Climate Action Plan effort was approved by City Council as a part of the 2020 and 2021 City budgets. Attachment A: Greenhouse Gas Inventory Results Graphics October 19, 2021 1 - 13 off m 4J o M 4-JJ V limato • L. M GJ C W CL O _- •N • ' V1 • W >. O E n ., E rn • O L V N m o0 - N H _ cn C: a--+ N cn ca p N _D +�-+ — a- > O � E Ln -0 +-+ 4 N N N °� LL N ca 0 n O m p p 0 = p co > � N E N O p 1 N N ' Co N m i Q N O N N _ co N 0 0 -0 ofco N 0 tA " � " p i N N O m E ENr L. C �' an � O 1 0 � 0 0 - p -E p w = �° IA O O �— � � V Z > V G � NM • • • • �C • • • a� E O *' • 'in N E w a� in > Q N w w M Lu LL U 06 a� N 06 O N LL O oC O i � v v � O O a cc U at O 17 N 0 E W N O U 3 • E 1 O L? V N m ' N 1 O � V O Vf N _Ile O �' .N5, O � o cn H = O •Epp � � O `J i N �Ln .— O .� W E B O LA M a O V i cn Q i 0 i d7 u i 4-J 40 fo ca — u O 1 O vi L- o 1 p D 0 a) O N o of °'L'i - m O m a, O 100, N � of O C C7 O .N .E W H f0 GJ H 3 O s C a� l'J a� a� as C � Q O a • v N 40 0 {/f 40 • N Ln i Z = N N Q •N I O N >O N N 0 • E = O 0 O ca C ~ L E o � o = N O O o0 O .— .0 u > E 4-0 N ca of O raV C7 � N LU H . . w 0 W off � 4- r r� s r � 19 N ++ V V GJ i i N 4J \ . 1 L LL • 4J o y 00 f0 • .O N i 0to y y GJ 1 � •� Cl M '3 LL m •• E O � tA 1 W 0 0 CO a� • �, •cn N o O W N _ � E 0-6 � 0 V N O o,rf) (1 p\ •O VN i — � N O od V N }' G7 N ul as .� > Ln a) 0) .O j, 'A � �L Ln H O N >N N N� 1 N � N N v N Q) 0 ' o L i N O c>a Q V E O E-0 •� L7 � a + > O , w � � � tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , U.S, MEMO Date: October 19, 2021 To: City Council From: Nathan West, City Manager Allyson Brekke, Community and Economic Development Director Sarina Carrizosa,Finance Director Subject: Peninsula Behavioral Health Rapid Housing Need—Subrecipient Agreement Summary: On August 17,2021 and September 21,2021 City Council authorized funding in support of Peninsula Behavioral Health's(PBH)conversion of the local All View Motel. Staff has prepared the necessary sub-recipient agreement for the City's funding contributions. Funding: Funds are available in the Housing Rehabilitation Fund(Fund 172) from both housing sales tax 1/10"of 1% and Community Development Block Grant income. $389,911 will be provided by Fund 172 with the commitment that if successful a State Department of Commerce grant will reimburse this contribution. $337,500 is being provided with City American Rescue Plan Act(ARPA) funds. The total contribution would be $727,411 ($389,911 of which is intended to be reimbursed). Recommendation: Approve and authorize the City Manager to sign the Grant and ARPA Subrecipient Agreement with Peninsula Behavioral Health and make minor modifications as necessary. Background / Analysis: Following deliberations on August 17t1i and September 21" City Council authorized funding from the American Rescue Plan Act(ARPA) and Housing Rehabilitation Fund in support of a Peninsula Behavioral Health's(PBH)conversion of the local All View Motel for supportive housing. PBH is in the process of completing a second round application to Washington State Department of Commerce (Commerce). The grant requires local governments to provide a match. The required local match is $675,000 with $337,500 being provided from the City and County respectively. The City Council allocated additional funding because the closing date for property purchase comes before the second round of grants is awarded. The City and County are both contributing an additional$389,911 to ensure the project is successful. Peninsula Behavioral Health has already committed to over$525,000 of the required funding for the project in addition to long-term operations. Peninsula Housing Authority has also committed to administrative support for the project. If for any reason the above mentioned Commerce grant is unsuccessful staff recommends that Council consider reimbursing the City's Housing Rehabilitation fund 172 with ARPA dollars. At this time we are holding in reserve $389,911 of ARPA funding until a final grant decision is received from Commerce on the second round of grants. The PBH project is instrumental in the City's goal to add additional housing units within the City. More specifically it fulfills the urgency for utilization and restoration of our existing building stock. The project also meets several of the City's Housing Action Plan and Strategic Plan goals,including but not limited to: • City Housing Action Plan Task 2: Allow and encourage the use of innovative housing products and designs measures in increasing the number of housing units October 19, 2021 J - 1 • Strategic Plan Issue of Critical Importance #1 —Housing and Homelessness • Strategic Plan Issue of Critical Importance #4—High Performing Relationships Staff is recommending that Council approve and authorize the City Manager to sign the Grant and ARPA Subrecipient Agreement with Peninsula Behavioral Health and make minor modifications as necessary. Funding: Funds are available in the Housing Rehabilitation Fund(Fund 172) from both housing sales tax 1/10`h of 1% and Community Development Block Grant income. $389,911 will be provided by Fund 172 with the commitment that if successful a State Department of Commerce grant will reimburse this contribution. $337,500 is being provided with City ARPA funds. The total contribution would be $727,411 ($389,911 of which is intended to be reimbursed). October 19, 2021 J - 2 GRANT AND ARPA SUBRECIPIENT AGREEMENT This Agreement ("Agreement") is dated as of the day of October, 2021, by and between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington, and Peninsula Behavioral Health, a 501C3 not for profit of the State of Washington ("Subrecipient"). WHEREAS, the U.S. Department of the Treasury ("Treasury") has allocated to the City $5,646,884 of federal stimulus funding from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds, CFDA Reference number 21.027 ("ARPA Funds") under Section 603(b) of the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act ("ARPA Act") for the limited purposes identified in the OFM Letter agreement dated June 7, 2021 (OFM Letter), identified as Attachment A, the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule"), identified as Attachment B, and the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds ("Compliance & Reporting Guidelines"), identified as Attachment C and the Scope of Work and ARPA Eligibility ("Scope of Work"), identified as Attachment D. Attachments A, B, C and D are attached hereto and incorporated herein by this reference. WHEREAS, the ARPA Act authorizes the City to expend ARPA Funds awarded to the City for the following eligible purposes as outlined in the Interim Final Rule as follows: (1) To respond to the COVID-19 public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; (3) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and (4) To make necessary investments in water, sewer, or broadband infrastructure (collectively "Eligible Uses"). The American Rescue Plan Act, Treasury's Interim Final Rule, and guidance from Treasury explicitly mention assistance to the following: • Services to address homelessness, such as supportive housing, and to improve access to stable affordable housing among individuals experiencing homelessness; • Affordable housing development to increase the supply of affordable and high-quality living units; and • Housing vouchers, residential counseling, or housing navigation assistance to facilitate household moves to neighborhoods with high levels of economic opportunity and mobility for low-income residents, to help residents increase their economic opportunity and reduce concentrated areas of low economic opportunity. 1 ARPA Subrecipient Agreement October 19, 2021 J - 3 Eligible Uses must be obligated no earlier than March 3, 2021 and no later than December 31, 2024, with final disbursement of all funds no later than December 31, 2026. WHEREAS, in addition to ARPA funds, the City has its own fund dedicated to promoting affordable housing. The Fund is the entitled the Housing Rehabilitation Fund is derived from 1/101h of 1% Affordable Housing Sales Tax, House Bill 1406 Sales Tax Credit and Community Development Block Grant Income (City's Affordable Housing Fund) WHEREAS, the City desires to allocate portions of the City's Affordable Housing Fund and of the ARPA Funds awarded to the Subrecipient with such allocation of funds to be consistent with the purposes of the City's Affordable Housing Fund and with Eligible Uses of ARPA Funds. WHEREAS, the City and Subrecipient desire to enter into this Agreement so that the City may provide City's Affordable Housing Fund and ARPA Funds for appropriate and qualifying expenditures of grant funds advanced to the Subrecipient by the City for the acquisition of land for the development of affordable housing, NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024, unless terminated by the City in writing for cause as specified in the Termination section of this agreement. 2. ARPA Funds. The City agrees to provide the Subrecipient a total sum not to exceed $337,500 to be used for the acquisition of land for the development of affordable housing conditioned on the requirement that such funds will be disbursed no later than December 31, 2024, and based on the details described in Attachment D. 3. City's Affordable Housing _Fund. Additionally, ThFund. Additionally, The City agrees to provide the Subrecipient a total sum not to exceed $389,911 from the City's Affordable Housing Fund to be used for acquisition, remodel and conversion the property described in Attachment D to affordable housing units. 4. Subrecipient's Use of ARPA Funds. The Subrecipient shall ensure that the ARPA Funds requests are necessary Eligible Uses under one of the following cost categories: a) To respond to the COVID-19 public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality, b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers, c) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and d) To make necessary investments in water, sewer, or broadband infrastructure. 2 ARPA Subrecipient Agreement October 19, 2021 J - 4 5. Ineligible Uses. Non-allowable uses of ARPA Funds include, without limitation, the following: a) usage of funds to either directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation or administrative interpretation during the covered period that reduces any tax or delays the imposition of any tax or tax increase; b) damages covered by insurance; c) usage of funds as a deposit into any pension fund; d) expenses that have been or will be reimbursed under any federal program; e) debt service costs; f) contributions to a "rainy day" fund; and d) legal settlements. 6. Reimbursement Request & Reporting Requirements. To facilitate the release of ARPA Funds by the City to the Subrecipient and the City's compliance with reporting requirements for usage of ARPA funding under the IGA and Attachment D, the Subrecipient will submit one A-19 equivalent request to the City on or before October 22nd 2021 requesting funds be disbursed to the Subrecipient with an attestation by the Subrecipient that such grants are eligible in accordance with the eligibility requirements outlined in Attachment D. The City shall then distribute ARPA Funds, as requested by the Subrecipient, to the Subrecipient to fund the property purchase and development of affordable housing. Such schedule may be modified with the prior approval of the City. Failure to provide any of the required documentation may result in the withholding and/or nonpayment of all or a portion of the request, and termination of the Agreement. 7. Termination. The City may terminate this Agreement for cause, which shall include the violation of any terms of this agreement. 8. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Subrecipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the City for any purpose. 9. Indemnification. The Subrecipient agrees to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient, its officers, directors, employees, and/or agents relating to the Subrecipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 10. Compliance with Laws, Guidelines. The Subrecipient shall comply with all federal, state, and local laws and all requirements (including certifications and audits) of the IGA, Interim Final Rule, and Compliance & Reporting Guidelines to the extent applicable, when disbursing ARPA Funds to recipients or when seeking Reimbursement from the City. 3 ARPA Subrecipient Agreement October 19, 2021 J - 5 11. Maintenance and Audit of Records. The Subrecipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the City or its designee, the Washington State Auditor's Office and as required by the IGA, Interim Final Rule and Compliance & Reporting Guidelines for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Subrecipient was reimbursed for unallowable costs under this Agreement or any, the Subrecipient agrees to promptly reimburse the City for such payments upon request. 12. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the parry to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Subrecipient Peninsula Behavioral Health Attn: Wendy Sisk, Chief Executive Officer 118E8thSt Port Angeles, WA 98362 City of Port Angeles_ Attn: Nathan West, City Manager 321 East 5th Street Port Angeles, WA 98362 13. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 14. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 15. Time. Time is of the essence in this Agreement. 16. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 17. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 4 ARPA Subrecipient Agreement October 19, 2021 J - 6 18. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the Washington State, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Clallam County, Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the City to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof, nor shall any single or partial exercise by the City of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the City at law or in equity. 18. Binding Effect.ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment. The Subrecipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the City. 20. Entire Agreement. This Agreement constitutes the entire agreement between the City and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to Treasury in connection with the use of ARPA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 23. Counterparts. This Agreement may be executed in one or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. 5 ARPA Subrecipient Agreement October 19, 2021 J - 7 DATED this day of ,2021. SUBRECIPIENT By: Print Name: Wendy Sisk Its: Chief Executive Officer DATED this day of September, 2021. CITY OF PORT ANGELES By: Print Name: Nathan A. West Its: City Manager 6 ARPA Subrecipient Agreement October 19, 2021 1 - 8 ATTACHMENT A Letter agreement 7 ARPA Subrecipient Agreement October 19, 2021 1 - 9 ATTACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS INTERIM FINAL RULE DATED 5-17-2021 8 ARPA Subrecipient Agreement October 19, 2021 J - 10 ATTACHMENT C U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS DATED 6-17-2021 9 ARPA Subrecipient Agreement October 19, 2021 J - 11 ATTACHMENT D SCOPE OF WORK The subrecipient administers and develops affordable housing in Clallam and Jefferson Counties. The mission of the subrecipient is to promote safe, affordable housing and foster partnerships to meet that goal. The subrecipient is seeking to acquire and develop 214 E. Lauridsen Blvd in the City of Port Angeles for an affordable housing project serving households at or below 80% of Area Median Income (AMI). The project is commonly known as All View Motel Project. The project provides supportive affordable housing for low income individuals and/or families with serious mental health needs and/or significant substance use disorders that are in need of permanent stable housing with onsite services. Such eligible costs incurred for the All View Motel project may include: • The purchase price and closing costs of the building pursuant to the Commercial& Investment Real Estate Purchase & Sale Agreement dated July 31, 2021 between the Recipient and Ken Lee &Jen LLC • Renovations required for the conversion of the Motel to residential living units Low-income and very low-income families have been directly and disproportionally impacted in Clallam County from the COVID-19 pandemic. Through the assistance of Coronavirus State and Local Fiscal Recovery Funds, the subrecipient will acquire long vacant property planned for higher residential density and develop affordable housing, which directly provides services to impacted communities by building stronger neighborhoods and providing access to safe, accessible and affordable housing which Port Angeles desperately lacks. COVID-19 has caused the price of construction materials to skyrocket and supply chain issues have impacted availability of appliances,plumbing supplies, mechanical equipment and other materials necessary for construction of affordable housing. Washington State's eviction and rent increase moratorium has caused stagnation in the rental market inducing a zero percent vacancy rate. Many landlords have sold their rentals in the inflated real estate market furthering the lack of affordable rentals in the community. The increases in pricing, coupled with inflated real estate pricing, has effectively reduced those low and very low-income households' abilities to rent or own decent safe housing in our community. This is a direct result of the economic impacts of COVID-19 and the All View Motel Project is a needed response to such impacts. 1. Program Funding and Award Amount The City shall make $337,500 of ARPA funds available to the subrecipient that will be disbursed at the acquisition closing of property for the All View Motel Project. The Project will be developed by the subrecipient as an affordable housing project to increase the supply of affordable, decent and safe units in Port Angeles. 10 ARPA Subrecipient Agreement October 19, 2021 J - 12 In addition, the City shall make $389,911 of City Affordable Housing Funds available to the subrecipient that will be disbursed at the acquisition closing of property for the All View Motel Project All funds are to be disbursed by October 31, 2021 and will be disbursed directly to Clallam Title Company. All City required permits for the development shall be submitted no later than December 31, 2024. Occupancy of the All View Motel Project will occur no later than December 31, 2026. 2. Reporting PBH shall submit a semi-annual progress report on the development activities of the All View Motel Project. Reporting shall be required until a certificate of occupancy is granted by the City of Port Angeles for the newly remodeled residential. 3. Eligibility Once developed, the All View Motel Project shall serve households who are low and or very low-income as determined by the affordable housing type. Eligibility certification will be required of all participants and will be documented in accordance with the applicable housing program. 4. Reimbursement. In the event the subrecipient is subsequently awarded funds resulting from its Department of Commerce Housing Trust Fund grant application to fund the purchase and renovation of the All View Motel, the subrecipient will promptly reimburse the City $389,911 of the Housing Rehabilitation Funds provided, which the City will then redirect to other eligible uses of funds outside of this Agreement. The remaining $-337,500 of ARPA Funds provided to the subrecipient will remain in place in support of the purchase of the All View Motel on the condition that there is no duplication of reimbursement of such costs from the Department of Commerce Housing Trust grant funding received and utilized by the subrecipient in support of the purchase and renovation of the All View Motel property. 11 ARPA Subrecipient Agreement October 19, 2021 J - 13 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , U.S, MEMO Date: October 19,2021 To: City Council From: Allyson Brekke,Director of Community&Economic Development Subject: American Rescue Plan Act Subrecipient Agreement with Habitat for Humanity of Clallam County Summary: On September 21,2021, City Council approved a sub-contribution of the American Rescue Plan Act(ARPA) funds dedicated to housing for Habitat for Humanity of Clallam County. The specific contribution was in the amount of$100,000 to help maintain,retain, and rehabilitate the community's existing housing stock.This is the subrecipient agreement with Habitat for Humanity of Clallam County for such a contribution. Funding: This is a subrecipient agreement for money received by the Federal government through ARPA. While City resources will be provided to assist with the subrecipient agreement and project,no City funds are committed as part of the agreement.The total amount of money to be awarded through this subrecipient agreement is $100,000. Recommendation: Approve and authorize the City Manager to sign the ARPA Subrecipient Agreement with Habitat for Humanity of Clallam County and to make minor modifications to said agreement as necessary. Background / Analysis: On September 21,2021,City Council approved a sub-contribution of the American Rescue Plan Act(ARPA) funds dedicated to housing for Habitat for Humanity of Clallam County. The specific contribution was in the amount of$100,000 to help maintain,retain, and rehabilitate the community's existing housing stock. This is the subrecipient agreement with Habitat for Humanity of Clallam County for such a contribution. Habitat Clallam is a 501c3 nonprofit and has been providing affordable homeownership to Clallam County residents since 1991. In 2015,Habitat added a new scope of work to their self-help home ownership program called Neighborhood Revitalization,which is now called Repair Program/Aging in Place.The vision of such a program is to become a community connector,build the work capacity i.e. serve more families and change lives. As the City's housing need assessment stated,Port Angeles has an aging housing stock. The 2019 Census data shows a population in the City of Port Angeles of 20,229,21.3% are over 65 and 51.1% are women. In addition,data from recent surveys has shown that COVID-19 disproportionally affected low- and fixed-income families,and the fastest growing population of homeless are senior women. According to HUD,only 4% of homes are "age-friendly", and AARP cites 87% of Americans age 65 and older say they prefer to remain in their current residence. Many senior citizens live on fixed/limited income with little to no money for upkeep and home repairs. Habitat Clallam's Aging in Place program is designed to empower seniors and disabled individuals to live independently in their home through repairs,modifications,and home preservation projects.We aspire to provide them with a peace of mind and to bring them safety and autonomy. Habitat Clallam will be October 19, 2021 J - 14 offering modifications and repairs geared towards independent living. The ARPA funding awarded to Habitat Clallam are to be used for home repairs,rehabilitation and accessibility modifications to support property owner occupied homes, serving those that fall between 20-60% of Area Median Income (AMI). Homes must be within City of Port Angeles jurisdictional limits; property owners must have homeowner insurance and be current on all property taxes. Aging in Place Program(eligible for residents 65 and older)repairs may include home modifications such as making bathrooms ADA accessible,grab bars, slip free flooring,railings in hallways and contrasting stairs. In addition, any City of Port Angeles Resident owner occupied home requiring repairs within 20-60%of AMI,with homeowner insurance and be current on all property taxes may be served by Subrecipient for home repairs and rehabilitation,i.e. exterior cleanup,fence repairs,siding,painting,deck repairs,exterior ramp installation,to help preserve the City of Port Angeles' aging housing stock for future generations. However, for work outside of Subrecipient's scope,subcontractors will be hired for roof repairs/replacement,plumbing and electrical. Subrecipient must use all funds by December 32,2024. The City deems the Habitat Clallam program as instrumental in the City's goal to preserve and maintain existing housing units within the City and does meet several of the City's Housing Action Plan and Strategic Plan,including but not limited to: ➢ City Housing Action Plan Task 10: Renovate (and possibly acquire) eligible housing with shared and limited equity loan ➢ programs ➢ Using the Port ➢ Strategic Plan Issue of Critical Importance #1 —Housing and Homelessness ➢ Strategic Plan Issue of Critical Importance #4—High Performing Relationships. Funding Overview: This is a subrecipient agreement for money received by the Federal government through ARPA. While City resources will be provided to assist with the subrecipient agreement and project,no City funds are committed as part of the agreement. The total amount of money to be awarded through this subrecipient agreement is$100,000. Enclosed: Draft ofARPA Subrecipient Agreement with Habitat for Humanity of Clallam County October 19, 2021 1 - 15 ARPA SUBRECIPIENT AGREEMENT This ARPA Subrecipient Agreement ("Agreement") is dated as of the 191h day of October, 2021, by and between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington, and Habitat for Humanity of Clallam County, a 501c3 nonprofit recognized by the State of Washington ("Subrecipient"). WHEREAS, the U.S. Department of the Treasury ("Treasury") has allocated to the City $5,646,884 of federal stimulus funding from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Funds, CFDA Reference number 21.027 ("ARPA Funds") under Section 603(b) of the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act ("ARPA Act") for the limited purposes identified in the OFM Letter agreement dated June 7, 2021 (OFM Letter), identified as Attachment A, the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule"), identified as Attachment B, and the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds("Compliance & Reporting Guidelines"), identified as Attachment C and the Scope of Work and ARPA Eligibility ("Scope of Work"), identified as Attachment D. Attachments A, B, C and D are attached hereto and incorporated herein by this reference. WHEREAS, the ARPA Act authorizes the City to expend ARPA Funds awarded to the City for the following eligible purposes as outlined in the Interim Final Rule as follows: (1) To respond to the COVID-19 public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; (3) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and (4) To make necessary investments in water, sewer, or broadband infrastructure (collectively "Eligible Uses"). The American Rescue Plan Act, Treasury's Interim Final Rule, and guidance from Treasury explicitly mention assistance to households as an eligible expense to respond to the negative impacts of the pandemic. Assistance to households may include rent, mortgage, utility, and relocation assistance. Treasury's revised FAQ (6/24, 92.21) states Fiscal Recovery Funds can be used to provide housing stability services that enable eligible households to maintain or obtain housing, such as housing counseling,fair housing counseling, case management related to housing stability, outreach to households at risk of eviction or promotion of housing assistance programs, housing-related services for survivors of domestic abuse or human trafficking, and specialized services for individuals with disabilities or seniors that supports their ability to access or maintain housing. This includes legal aid, court-based eviction prevention or eviction diversion programs, and other legal services that help households maintain or obtain housing. ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 16 Fiscal Recovery Funds also can be used to support COVID-19 prevention, mitigation, or other services in congregate living facilities, such as homeless shelters and group living facilities; ventilation improvements in congregate settings and other key locations; support for vulnerable populations to access medical or public health services; support for isolation or quarantine; and other activities. Treasury's Interim Final Rule provides additional flexibility for governments to address the disproportionate negative impacts on certain communities and populations by investing in housing and neighborhoods. These equity-focused services are broadly applicable to Qualified Census Tracts (QCT; as designated by the Department of Housing and Urban Development), other disproportionately impacted areas, and when provided by Tribal governments. Recipients may provide these services to other populations, households, or geographic areas that are disproportionately impacted by the pandemic, but recipients must be able to support their determination that the populations served have been disproportionately impacted(IFR,p. 19). ELIGIBLE HOUSING-RELATED INVESTMENTS UNDER THIS CATEGORY INCLUDE: • Services to address homelessness, such as supportive housing, and to improve access to stable affordable housing among individuals experiencing homelessness; • Affordable housing development to increase the supply of affordable and high-quality living units; and • Housing vouchers, residential counseling, or housing navigation assistance to facilitate household moves to neighborhoods with high levels of economic opportunity and mobility for low-income residents,to help residents increase their economic opportunity and reduce concentrated areas of low economic opportunity. Eligible Uses must be obligated no earlier than March 3, 2021 and no later than December 31, 2024, with final disbursement of all funds no later than December 31, 2026. WHEREAS, the City desires to allocate portions of the ARPA Funds awarded to the subrecipient with such allocation of funds to be consistent with the Eligible Uses of ARPA Funds outlined above. WHEREAS, the City and Subrecipient desire to enter into this Agreement so that the City may provide ARPA Funds for appropriate and qualifying expenditures of grant funds advanced to the Subrecipient by the City, and specifically for the home repairs, rehabilitation and accessibility modifications within City of Port Angeles jurisdictional limits in an amount not to exceed $100,000 as allowed under the OFM Letter and Interim Final Rule. Such funding is needed to address low- and fixed-income homeowners disproportionately impacted by the COVID pandemic. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 17 1. Effective Date and Term. This Agreement shall commence when last executed by all parties and remain in effect until December 31, 2024, unless terminated by the City in writing for cause as specified in the Termination section of this agreement. 2. ARPA Funds. The City agrees to provide the Subrecipient a total sum not to exceed $100,000 to be used for the home repairs, rehabilitation and accessibility modifications within City of Port Angeles jurisdictional limits in an amount not to exceed $100,000 as allowed under the OFM Letter and Interim Final Rule and conditioned on the requirement that such funds will be used toward qualified projects no later than December 31, 2024, and based on the details described in Attachment D. 3. Subrecipient's Use of ARPA Funds. The Subrecipient shall ensure that the ARPA Funds requests are necessary Eligible Uses under one of the following cost categories: a) To respond to the COVID-19 public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality, b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers, c) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and d) To make necessary investments in water, sewer, or broadband infrastructure. 4. Ineligible Uses. Non-allowable uses of ARPA Funds include, without limitation, the following: a) usage of funds to either directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation or administrative interpretation during the covered period that reduces any tax or delays the imposition of any tax or tax increase; b) damages covered by insurance; c) usage of funds as a deposit into any pension fund; d) expenses that have been or will be reimbursed under any federal program; e) debt service costs; f) contributions to a"rainy day"fund; and d) legal settlements. 5. Reimbursement Request & Reporting Requirements. To facilitate the release of ARPA Funds by the City to the Subrecipient and the City's compliance with reporting requirements for usage of ARPA funding under the IGA and Attachment D, the Subrecipient will submit quarterly A-19 equivalent request to the City requesting funds be disbursed to the Subrecipient with an attestation by the Subrecipient that such grants are eligible in accordance with the eligibility requirements outlined in Attachment D. The City shall then distribute ARPA Funds, as requested by the Subrecipient, to the Subrecipient to fund the development of affordable housing. Such schedule may be modified with the prior approval of the City. Failure to provide any of the required documentation may result in the withholding and/or nonpayment of all or a portion of the request, and termination of the Agreement. 6. Termination. The City may terminate this Agreement for cause, which shall include the violation of any terms of this agreement. ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 18 7. Independent Contractor. Each party under the Agreement shall be for all purposes an independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Subrecipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the City for any purpose. 8. Indemnification. The Subrecipient agrees to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the Subrecipient, its officers, directors, employees, and/or agents relating to the Subrecipients' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 9. Compliance with Laws, Guidelines. The Subrecipient shall comply with all federal, state, and local laws and all requirements(including certifications and audits)of the IGA,Interim Final Rule, and Compliance & Reporting Guidelines to the extent applicable, when disbursing ARPA Funds to recipients or when seeking Reimbursement from the City. 10. Maintenance and Audit of Records. The Subrecipient shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the City or its designee, the Washington State Auditor's Office and as required by the IGA, Interim Final Rule and Compliance & Reporting Guidelines for five (5) years following termination of this Agreement. If it is determined during the course of the audit that the Subrecipient was reimbursed for unallowable costs under this Agreement or any, the Subrecipient agrees to promptly reimburse the City for such payments upon request. 11. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully prepaid, certified mail, return receipt requested, and addressed to the parry to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Subrecipient Habitat for Humanity of Clallam County Attn: Collen Robinson, Chief Executive Officer 728 E Front Street Port Angeles, WA 98362 City of Port Angeles Attn: Nathan West, City Manager 321 East 51h Street Port Angeles, WA 98362 ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 19 12. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining,maintaining, or extending this Agreement. Each party agrees,warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 13. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 14. Time. Time is of the essence in this Agreement. 15. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 16. Amendment. No amendment or modification to the Agreement will be effective without the prior written consent of the authorized representatives of the parties. 17. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the Washington State,both as to interpretation and performance,without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Clallam County, Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the City to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof, nor shall any single or partial exercise by the City of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the City at law or in equity. 18. Binding Effect.ffect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment. The Subrecipient shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the City. 20. Entire Agreement. This Agreement constitutes the entire agreement between the City and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third-Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in,to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either Party has to Treasury ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 20 in connection with the use of ARPA Funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. hi the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 23. Counterparts. This Agreement may be executed in one or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each parry signing below warrants to the other party,that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below. DATED this 28th day of September, 2021. SUBRECIPIENT By: Print Name: Collen Robinson Its: Chief Executive Officer DATED this 28th day of September, 2021. CITY OF PORT ANGELES By: Print Name: Nathan A. West Its: City Manager ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 21 ATTACHMENT A OFM LETTER AGREEMENT DATED 6-7-2021 (Shown on subsequent page) ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 22 ATTACHMENT B U.S. DEPARTMENT OF TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS INTERIM FINAL RULE DATED 5-17-2021 ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 23 ATTACHMENT C U.S. DEPARTMENT OF TREASURY COMPLIANCE AND REPORTING GUIDANCE FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS DATED 6-17-2021 ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 24 ATTACHMENT D SCOPE OF WORK The City of Port Angeles is directing $100,000 to be distributed to the Subrecipient(Habitat for Humanity of Clallam County)to support home repairs, rehabilitation and accessibility modifications within City of Port Angeles jurisdictional limits using federal ARPA funding. Such funding is needed to address low- and fixed-income homeowners disproportionately impacted by the COVID pandemic. Subrecipient upon execution of this Agreement, conditioned that such funds are utilized in support of home repairs, rehabilitation and accessibility modifications of housing units within City of Port Angeles and that such funds are expended no later than December 31, 2024. Expenses under this grant must meet the eligibility criteria below: 1. Eligible Use of Funds Funds are to be used for home repairs, rehabilitation and accessibility modifications to support property owner occupied homes, serving those that fall between 20-60% of Area Median Income (AMI). Homes must be within City of Port Angeles jurisdictional limits; property owners must have homeowner insurance and be current on all property taxes. Aging in Place Program (eligible for residents 65 and older)repairs may include home modifications such as making bathrooms ADA accessible, grab bars, slip free flooring, railings in hallways and contrasting stairs. In addition, any City of Port Angeles Resident owner occupied home requiring repairs within 20-60% of AMI, with homeowner insurance and be current on all property taxes may be served by Subrecipient for home repairs and rehabilitation, i.e. exterior cleanup, fence repairs, siding,painting, deck repairs, exterior ramp installation, to help preserve the City of Port Angeles' aging housing stock for future generations. However, for work outside of Subrecipient' s scope, subcontractors will be hired for roof repairs/replacement, plumbing and electrical. Subrecipient must use all funds by December 31, 2024. 2. Program Funding and Award Amount The City of Port Angeles shall make $100,000 of ARPA funds available that will be paid to Subrecipient upon execution of Agreement. 3. Reporting The Subrecipient will provide an A-19 equivalent report, copies of supporting invoices, and signed certification-detailing costs for each housing unit repair/modification project funded by the ARPA funds received by the Subrecipient. Report will include description of the respective affordable housing project, recipient's household income level as percentage of City of Port Angeles AMI, and demographics of residents served. Report will be submitted on a quarterly basis to the City of Port Angeles. ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 25 Within 30-days of funds being fully depleted, the Subrecipient shall provide an executive summary narrative describing how the funds granted under this Agreement were utilized in support of affordable housing projects for low- and fixed- income households in the City of Port Angeles. ARPA Subrecipient Agreement for Habitat Clallam October 19, 2021 J - 26