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CC Agenda Packet 06/21/2022
June 21, 2022 City of Port Angeles Council Meeting Agenda This meeting will be conducted virtually. The City determined the meeting shall be held virtually when the June 21,2022 City Council agenda was created on June 15,2022. The City will hold virtual meetings when a meeting cannot be held with"reasonable safety". "Without reasonable safety"means that the COVID-19 risk is Moderate or High,per the dashboard located at https://www.clallam.net/coronavirus at the time the meeting is advertised. Listening and webcast options will be available at www.cityofpa.us 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. The items of business for regular Council meetings may include the following: A. Call to Order—Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions C. Public Comment The City Council desires to allow the opportunity for Public Comment.However,the business of the City must proceed in an orderly and timely manner.Visit https://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: councilkcityfpa.us,comments will not be read aloud. 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, June 21,2022. For audio only please call: 1-844-992-4726 Use access code: 2557 657 7174 Once connected press *3 to raise your virtual hand,if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the June 21,2022 meeting only. If you are joining in through the Webex link: https://cityfpa.webex.com/cityfpa/onstage/g.php?MTID=e3eO29c7ad4ccl7f9ealaeaa00b9O4000 and wish to make a comment or public testimony,please use the"raise your hand"feature in Webex.You will be notified when it is your turn to speak. Members of the public may address the City Council at the beginning and end of any Regular Meeting under"Public Comment." During the "Public Comment"portion of the meeting,individuals may speak to agenda items,except those scheduled for a Public Hearing. The City Council desires to allow the opportunity for Public Comment.However,the business of the City must proceed in an orderly,timely manner.At any time,the presiding officer,in the presiding officer's sole discretion,may set such reasonable limits as are necessary to prevent disruption of other necessary business. At its most restrictive,Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period. Individuals may speak for three(3)minutes or less,depending on the number of people wishing to speak.If more than 20 people are signed up to speak each speaker may be allocated two(2)minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first,with preference given to those who wish to speak to an item on the meeting's agenda. If time remains,the presiding officer will call other individuals wishing to 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 June 21,2022 Port Angeles City Council Meeting Page 1 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 May 17,and May 24,2022/Approve......................................................................................E-1 2. Expenditure Report:From May 28, 2022 to June 10, 2022 in the amount of$1,320,987.63/Approve.........................E-5 3. Amendment 011 PSA-2020-48 Stormwater Permit Implementation Support/Approve: 1. WQC-2022-PoAnPW-00169, Enhanced Source Control Program Development Grant Agreement with Ecology; 2. WQC-2022-PoAnP W-001 64, Stormwater Management Action Plan Grant Agreement with Ecology;and, 3.Amendment 01 to PSA-2020-48 with Osborn Consulting,Inc., thereby, increasing the original agreement's not-to-exceed amountfrom$295,806.00 to$643,001;an increase of$347,195. And authorize the City Manager to sign all documents necessary to execute and administer the above agreements and amendment and to make minor modifications to them, as necessary....................................................E-20 4. Olympic Public Safety Network(OPSN)Firewall Hardware and Software/ Approve and authorize the purchase of FortiGate 10IF firewall hardware and software in the amount of$72,840 with Development Group,Inc. (DGI) and authorize the City Manager to execute all documents necessary to complete and administer this purchase and to make minor modifications to the documents as necessary..................................................................................................................E-122 5. Three-Year Agreement for Cisco Umbrella(OpenDNS)Services/Authorize the City Manager to approve payment to Port53 Technologies,Inc. to enable three years of the Cisco Umbrella DNS Security Advantage Software Package for 250 users; and to make minor modifications as needed....................................................................................................................E-128 6. 2022 Lodging Tax Budget Amendment Proposal—Hurricane Ridge Winter Sports Club/Accept the recommendation of the LTAC to approve an amendment to the 2022 Lodging Tax(LTAA)Budget in the amount of$13,800 to award the HRWSC funds in order to operate a shuttle service to Hurricane Ridge in the winter season......................................................E-129 7. Stancil Recorder Refresh/ Approve and authorize the software/hardware refresh of the City's CAD system with Stancil in the amount of$28,985.60 and authorize the City Manager to sign all documents necessary to perform this refresh and make minor modifications as necessary subject to approval of the 2023—2028 Capital Facilities Plan................................E-136 F. Public Hearings 16:30 p.m. or Soon Thereafter 1. Stormwater Ordinance Update/New Source Control Program/Open Public Hearing/Conduct I st Reading/Continue to theJuly 5 Meeting............................................................................................................................................................F-1 2. 2023-2028 Capital Facilities Plan and Transportation Improvement Plan/Conduct 2'Public Hearing/Pass Resolution .........................................................................................................................................................................................F-30 G. Ordinances Not Requiring Council Public Hearings 1. Draft Climate Resiliency Plan/Conduct 2'Reading/Adopt Ordinance......................................................................G-1 H. Resolutions Not Requiring Council Public Hearings.......................................................................................None I. Other Considerations....................................................................................................................................................None J. Contracts & Purchasing 1. Intmdo"Viper" Software Refresh and Upgrade of Existing 9-1-1 Phone System/Approve and Authorize..................J-1 2. Virtual System Hosts Replacement-CFP Item#0618/Approve and Authorize............................................................J-16 K. Council Reports L. Information City Manager Reports: M. Second Public Comment June 21,2022 Port Angeles City Council Meeting Page 2 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. June 21,2022 Port Angeles City Council Meeting Page 3 CITY COUNCIL MEETING Port Angeles, Washington May 17, 2022 This meeting was conducted 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,Deputy Mayor Meyer,Council Members Carr,French,and Schromen-Wawrin. Members Absent: Council members McCaughan and Suggs. Staff Present: City Manager West,Attorney Bloor,Clerk Martinez-Bailey,C. Delikat, K. Dubuc,B. Smith, E. Bolin,T. Hunter, S. Carrizosa,B. Braudrick. CLIMATE RESILIENCY PLAN PRESENTATION The Mayor welcomed the presenters and turned the meeting over to Associate Planner Ben Braudrick He and Cascadia Consulting Group representatives Mike Chang and P.J Tillmann, provided an update on the Climate Resiliency Plan which included background relative to the introduction to policies and goals into the Comprehensive Plan. 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 Meyer,Council Members Carr,French, and Schromen-Wawrin. Members Absent: Council members McCaughan and Suggs. Staff Present: City Manager West,Attorney Bloor,Clerk Martinez-Bailey, C. Delikat, K. Dubuc,B. Smith, E. Bolin,T. Hunter,and S. Carrizosa. It was moved by Schromen-Wawrin and seconded by French to: Excuse Council members McCaughan and Suggs from the meeting. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 4-0. Council member Meyer noted he was disconnected from the virtual meeting at the time this vote was taken. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. PUBLIC COMMENT No public comment was received. OTHER CONSIDERATIONS 1.Wastewater Presentation Darlene Schanfald presented slides and urged the City to prioritize implementation of safe waste handling. CONSENT AGENDA It was moved by Meyer and seconded by Schromen-Wawrin to approve the Consent Agenda to include: 1. City Council Minutes of April 19 and April 26,2022/Approve 2. Expenditure Report:From April 23,2022 to May 6,2022 in the amount of$4,401,807.37/Approve 3. Renewal of Forest Land Response Agreement with Department of Natural Resources/Authorize the Fire Chief to sign the attached agreement with the Department of Natural Resources for the provision of wildland firefighting services. June 21, 2022 E - 1 PORT ANGELES CITY COUNCIL MEETING—May 17,2022 4. Datamark Service Software Agreement/Authorize the City Manager to sign the software service agreement with Datamark and make minor modifications as necessary 5. Tyler Technology Software Amendment/Authorize the City Manager to sign the software amendment with Tyler Technology,for "Tyler Data Collect", and allow the City Manager to make minor modifications as necessary 6. GovQA Amendment/Authorize the City Manager to sign and execute the contract with WebQA for the yearly budgeted amount of$7,000, to include additional licenses for JLARC and redaction software and allow the City Manager to make minor modifications as necessary. Council discussion followed. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5-0. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Public Safety Advisory Board Ordinance Update City Attorney William Bloor provided background on the proposed ordinance amendment. On May 3,2022,City Council discussed membership on the Public Safety Advisory Board.It was noted that the current ordinance, adopted by Council on September 15,2020,as to the tribal representative provided: "Two positions,to the extent feasible, shall be for enrolled tribal members."This provision allowed a person who was not a tribal member to serve as a tribal representative on the Board.After discussion,Council voted 7-0 to direct staff to amend the ordinance to require that the tribal representative to the Board be an enrolled member of a tribe. The amended language to Chapter 2.26. Section 020(F)Composition of Board is reflected in the attached amended ordinance. Mayor Dexter conducted a first reading of the ordinance by title,entitled, The Mayor read the ordinance by titled,entitled, ORDINANCE NO.3691 AN ORDINANCE of the City of Port Angeles,Washington amending the Public Safety Advisory Board Chapter 2.26 of the Port Angeles Municipal Code. It was moved by Meyer and seconded by Carr to: Waive the second reading and adopt the ordinance as read. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5-0. OTHER CONSIDERATIONS CONTINUED 2. Motion to Allow Hybrid and Virtual Meetings Under Specific Circumstances Attorney Bloor provided background on the agenda item and stated on March 24,2022 ESHB 1329 became law adding the new law states that after declaration of an emergency by a local public agency,where the public agency has determined that a meeting of a governing body cannot be held with members of the public with"reasonable safety"because of the emergency,the public agency,among other things,may hold a remote meeting without a physical location,which is what the Council has been doing following the March 15 motion. Attorney Bloor added that in order to retain the county dashboard as the reference to guide when future meetings will be in-person,the Council should pass the suggested motion listed in the recommendation section of the memo in the packet which would incorporate language that conforms to state law. It was moved by Schromen-Wawrin and seconded by Carr to: Move that the City will hold hybrid meetings when a meeting can be held with"reasonable safety.""Reasonable safety"means that the COVID-19 risk is Very Low or Low,per the dashboard located at ttps://www.clallam.net/coronavirus/at the time the meeting agenda is advertised;and That the City will hold virtual meetings when a meeting cannot be held with"reasonable safety.""Without reasonable safety"means that the COVID-19 risk is Moderate or High,per the dashboard located at https://www.clallam.net/coronavirus/,at the time the meeting agenda is advertised;and Page 2 of 3 June 21, 2022 E - 2 PORT ANGELES CITY COUNCIL MEETING—May 17,2022 That the determination as to the manner in which meetings are to be conducted applies to all public meetings being held by City Council,all City Boards and all City Commissions. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5-0. CONTRACTS & PURCHASING 1. 24-Hour Stand-Alone Public Restroom Purchases Parks and Recreation Project Coordinator Tim Tucker provided background information related to the project that would authorize the purchase of three 24-hour stand-alone public restrooms. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Carr to: Approve and authorize the City Manager to purchase three 24-Hour Stand-Alone Public Restrooms(Portland Loo's) from Madden Fabrication and make minor modifications to the agreement,if necessary. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5-0. Mayor recessed the meeting for a break at 7:13 p.m. The meeting reconvened at 7:23 p.m. The Mayor recognized Fire Chief Ken Dubuc by reading a proclamation. A presentation was the shared that featured animals. Chief Dubuc said a few words about his work with the City of Port Angeles and expressed his appreciation for the support of his wife during his career. CITY COUNCIL REPORTS Council member Schromen-Wawrin stated he would be unable to attend the joint City Council and Clallam County Commissioner meeting. Council member French spoke about tourism and provided updates on behalf of the Olympic Peninsula Tourism Commission. Council member Carr spoke about the Board of Health meeting and an upcoming Pride celebration. Mayor Dexter spoke about her attendance at a Downtown clean up event and law enforcement memorial event. No other reports were given. INFORMATION Manager West spoke about the upcoming Joint meeting with the Clallam County Commissioners and discussed the proposed agenda. SECOND PUBLIC COMMENT No public comment was received. ADJOURNMENT Mayor Dexter adjourned the meeting at 8:02 p.m. Kate Dexter,Mayor Kari Martinez-Bailey,City Clerk Page 3 of 3 June 21, 2022 E - 3 CITY COUNCIL MEETING Port Angeles, Washington May 24, 2022 This meeting was conducted 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, Deputy Mayor Carr, Council Members French, Meyer, McCaughan, Schromen- Wawrin and Suggs. Members Absent: None Staff Present: City Manager West,Attorney Bloor,Clerk Martinez-Bailey, C. Delikat,K. Dubuc,B. Smith, E. Bolin,T. Hunter,and S. Carrizosa. WORK SESSION City Manager Nathan West spoke to the agenda, planning process, Council directives and additional considerations relative to the Capital Facilities Plan and Transportation Improvement Plan for the years 2023-2028. Finance Director Sarina Carrizosa spoke about capacity in relation to the Plan and shared a presentation which provided a list of 2021 completed projects. Director Carrizosa presented a list of new projects and spoke about the next steps which included two public hearings. Council discussion followed. ADJOURNMENT Mayor Dexter adjourned the meeting at 6:55 p.m. Kate Dexter,Mayor Kari Martinez-Bailey,City Clerk June 21, 2022 E - 4 "'ORT ,A LES WAS HIN ECG TO N, Ul. S,. A. MEMO June 21, 2022 Finance Depailment We, the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandlise and/or services herein specifiied have been received and that these cllai:ms acre approved for paymient in, the amount of Sarin Carfizosa $1,320,987.63 this 21st day of June, 210,22, Fillwice Director Trina NIcKee Senior Sawa countam NlaFysklc FTenell Mayor City Manager Senior Accotintmil I.inda Khenat), Financial Svsiems)%nalyst Mdodv Schneider Nlanagment Accomilmit NficA Rose Nnwcial Analyst Jane Ilert-ins Payroll SpcOafisl Jason Jones ALCOU11[allt juhc Pow0l ACLOU116TIgTechnician Luke Anderson AccountingTechnician NiUAC Blimak Adm4nisinwive Ana yst Kafliyellen Haney Cusimmer Services Manapr Tracy Rooks Utflity Billing Specialist , ., City of Port Angeles 1 City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount AMERICAN RAMP COMPANY SUPPLIES 001-0000-237.00-00 (15,690.47) ASCO PACIFIC SUPPLY CO INC SUPPLIES 001-0000-237.00-00 (43.10) WA STATE PATROL MAY 2022 WSP FINGERPRINTS 001-0000-229.50-00 265.00 WASHINGTON (DOL), STATE OF MAY 2022 CPL'S 001-0000-229.60-00 369.00 Division Total: ($15,099.57) Department Total: ($15,099.57) OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-1210-513.31-01 17.30 OFFICE SUPPLIES, GENERAL 001-1210-513.31-01 62.49 City Manager Division Total: $79.79 MISC TRAVEL L INGRAHAM-AWC CONF 001-1220-516.43-10 141.02 Human Resources Division Total: $141.02 LEMAY MOBILE SHREDDING MANAGEMENT SERVICES 001-1230-514.41-50 196.97 City Clerk Division Total: $196.97 City Manager Department Total: $417.78 LEXISNEXIS MAY RESEARCH 001-3030-515.49-01 384.06 THOMSON REUTERS-WEST WA PR V17 18 PP-WEST 001-3030-515.31-01 370.00 City Attorney Division Total: $754.06 City Attorney Department Total: $754.06 PACIFIC OFFICE EQUIPMENT INC Return Item 001-4060-558.31-01 (155.70) SOUND PUBLISHING INC PUBLICATION/AUDIOVISUAL 001-4060-558.41-15 113.76 Planning Division Total: ($41.94) Community Development Department Total: ($41.94) LEXISNEXIS LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 54.40 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5010-521.42-10 24.88 MISC TRAVEL B SMITH-WASPC SPRING CONF 001-5010-521.43-10 74.00 Police Administration Division Total: $153.28 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 14.70 SHIPPING AND HANDLING 001-5021-521.42-10 14.65 MISC TRAVEL DROPP-WHIA CONF 001-5021-521.43-10 103.25 PORT ANGELES POLICE Supplies/Homicide Invest. 001-5021-521.31-01 13.05 DEPARTMENT Bridge Toll 001-5021-521.43-10 6.25 SYMBOLARTS, LLC POLICE EQUIPMENT& SUPPLY 001-5021-521.31-11 136.01 THOMSON REUTERS-WEST SECURITY,FIRE,SAFETY SERV 001-5021-521.49-01 184.68 Investigation Division Total: $472.59 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 46.02 Page 1 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 5 City of Port Angeles if City Council Expenditure Report r ■., Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 45.24 SHIPPING AND HANDLING 001-5022-521.42-10 47.19 MISC TRAVEL ARAND-WEST POINT MODEL SE 001-5022-521.43-10 106.60 FAIRBANKS-K9 DECOY TRAINI 001-5022-521.49-80 278.80 PROFORCE LAW ENFORCEMENT POLICE EQUIPMENT&SUPPLY 001-5022-521.35-01 3,368.27 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 355.65 SWAIN'S GENERAL STORE INC OFFICE SUPPLIES, GENERAL 001-5022-521.35-01 6.46 VOIANCE LANGUAGE SERVICES, MISC PROFESSIONAL SERVICE 001-5022-521.42-10 12.50 LLC WA STATE CRIMINAL JUSTICE HUMAN SERVICES 001-5022-521.43-10 4,431.00 Patrol Division Total: $8,697.73 LEADSONLINE DATA PROC SERV&SOFTWARE 001-5029-521.41-50 3,167.00 MISC TRAVEL DROZ-PROPERTY/EVIDENCE TR 001-5029-521.43-10 8.20 OLYMPIC PRINTERS INC ENVELOPES, PLAIN, PRINTED 001-5029-521.31-01 226.30 PORT ANGELES POLICE Training Supplies 001-5029-521.31-01 15.82 DEPARTMENT QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 117.48 SIRCHIE FINGERPRINT LAB METALS,BARS,PLATES,RODS 001-5029-521.31-01 29.00 SHIPPING AND HANDLING 001-5029-521.42-10 43.70 Records Division Total: $3,607.50 Police Department Total: $12,931.10 GALLS CLOTHING&APPAREL 001-6020-522.20-80 117.60 NORTHWEST SAFETY CLEAN CLOTHING &APPAREL 001-6020-522.31-11 1,132.55 WITMER PUBLIC SAFETY GROUP CLOTHING &APPAREL 001-6020-522.31-11 14,911.96 Fire Suppression Division Total: $16,162.11 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 001-6050-522.41-50 371.00 Facilities Maintenance Division Total: $371.00 Fire Department Total: $16,533.11 AMAZON CAPITAL SERVICES FIRST AID &SAFETY EQUIP. 001-7010-532.31-01 53.82 SUPPLIES 001-7010-532.31-01 25.11 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 001-7010-532.31-60 17.85 HAASE WOODWORKS BUILDER'S SUPPLIES 001-7010-532.41-50 957.44 PACIFIC OFFICE EQUIPMENT INC PAPER& PLASTIC-DISPOSABL 001-7010-532.31-01 375.82 Public Works Admin. Division Total: $1,430.04 Public Works& Utilities Department Total: $1,430.04 Page 2 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 6 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount ASCO PACIFIC SUPPLY CO INC SUPPLIES 001-8050-536.34-01 532.82 QUIRING MONUMENTS INC SUPPLIES 001-8050-536.34-01 162.00 SUPPLIES 001-8050-536.34-01 225.00 SUPPLIES 001-8050-536.34-01 275.00 SUPPLIES 001-8050-536.34-01 555.00 SUPPLIES 001-8050-536.34-01 817.00 Ocean View Cemetery Division Total: $2,566.82 ANGELES CONCRETE PRODUCTS SUPPLIES 001-8080-576.31-40 229.84 ANGELES MILLWORK& LUMBER SUPPLIES 001-8080-576.31-20 145.91 SUPPLIES 001-8080-576.31-20 41.39 SUPPLIES 001-8080-576.35-01 65.26 BEACON ATHLETICS SUPPLIES 001-8080-576.31-20 279.62 DEPT OF NATURAL RESOURCES SUPPLIES 001-8080-576.49-90 2,251.65 GOODMAN SANITATION SUPPLIES 001-8080-576.45-30 106.61 SUPPLIES 001-8080-576.45-30 106.61 SUPPLIES 001-8080-576.45-30 213.21 SUPPLIES 001-8080-576.45-30 319.82 HI-TECH ELECTRONICS INC SUPPLIES 001-8080-576.45-30 391.55 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-01 43.48 SUPPLIES 001-8080-576.31-20 18.65 SUPPLIES 001-8080-576.31-20 23.87 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 66.25 SUPPLIES 001-8080-576.31-20 7.37 Parks Facilities Division Total: $4,311.09 Parks & Recreation Department Total: $6,877.91 WALTER E NELSON CO SUPPLIES 001-8112-555.31-20 62.28 Senior Center Facilities Division Total: $62.28 ANGELES MILLWORK& LUMBER SUPPLIES 001-8131-518.31-20 7.61 SUPPLIES 001-8131-518.31-20 44.02 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 38.00 THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 19.52 SUPPLIES 001-8131-518.31-20 345.98 SUPPLIES 001-8131-518.31-20 207.46 Central Svcs Facilities Division Total: $662.59 Facilities Maintenance Department Total: $724.87 Page 3 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 7 City of Port Angeles if City Council Expenditure Report r ■., Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount General Fund Fund Total: $24,527.36 LULISH DESIGN MISC PROFESSIONAL SERVICE 101-1430-557.41-50 33,701.25 OLYMPIC PENINSULA VISITOR MISC PROFESSIONAL SERVICE 101-1430-557.41-50 3,227.02 BUREAU PORT ANGELES CHAMBER OF MISC PROFESSIONAL SERVICE 101-1430-557.41-50 10,464.38 COMM Lodging Excise Tax Division Total: $47,392.65 Lodging Excise Tax Department Total: $47,392.65 Lodging Excise Tax Fund Total: $47,392.65 ANGELES MILLWORK& LUMBER CHEMICAL, COMMERCIAL,BULK 102-7230-542.31-01 28.66 FASTENAL INDUSTRIAL HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 226.02 HARTNAGEL BUILDING SUPPLY INC FASTENERS, FASTENING DEVS 102-7230-542.31-01 41.23 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 799.00 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 317.32 MISC TRAVEL ADAMS-CDL TESTING 102-7230-542.43-10 37.00 PORT ANGELES POWER LAWN MAINTENANCE EQUIP 102-7230-542.31-01 163.77 EQUIPMENT ROAD/HGWY HEAVY EQUIPMENT 102-7230-542.35-01 303.79 SWAIN'S GENERAL STORE INC RAGS,SHOP TOWELS,WIPING 102-7230-542.31-01 53.96 Street Division Total: $1,970.75 Public Works-Street Department Total: $1,970.75 Street Fund Total: $1,970.75 ESCHAT COMMUNICATIONS/MEDIA SERV 107-5160-528.49-01 774.20 JAMESTOWN NETWORKS DATA PROC SERV&SOFTWARE 107-5160-528.42-12 510.00 MISC ONE-TIME VENDORS DEER PARK CINEMA ADVERTIS 107-5160-528.41-15 2,650.00 MISC TRAVEL LEMON-TYLER CONNECT CONF 107-5160-528.43-11 75.66 PETEK, THOMAS C PHD HEALTH RELATED SERVICES 107-5160-528.41-50 385.00 VOIANCE LANGUAGE SERVICES, MISC PROFESSIONAL SERVICE 107-5160-528.42-11 12.50 LLC Pencom Division Total: $4,407.36 Pencom Department Total: $4,407.36 Pencom Fund Total: $4,407.36 A/R MISCELLANEOUS REFUNDS OVERPAYMENT OF PBIA FEES 165-0000-213.10-90 0.67 OVERPAYMENT OF PBIA FEES 165-0000-213.10-90 70.00 OVERPAYMENT OF PBIA FEES 165-0000-213.10-90 66.50 Division Total: $137.17 Department Total: $137.17 Page 4 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 8 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount Business Improvement Area Fund Total: $137.17 CED/CONSOLIDATED ELEC DIST COMPUTER HARDWARE&PERIPHE 310-5950-594.65-10 163.20 Homeland Security Division Total: $163.20 Public Safety Projects Department Total: $163.20 AMERICAN RAMP COMPANY SUPPLIES 310-8985-594.65-10 194.071.27 Misc Parks Projects Division Total: $194,071.27 Capital Proj-Parks& Rec Department Total: $194,071.27 Capital Improvement Fund Total: $194,234.47 2 GRADE, LLC CONSTRUCTION SERVICES,GEN 312-7930-595.65-10 20,856.96 SIMMONS AND SONS PW CONSTRUCTION & RELATED 312-7930-595.65-10 82,536.00 CONTRACTING GF-Street Projects Division Total: $103,392.96 Capital Projects-Pub Wks Department Total: $103,392.96 Transportation Benefit Fund Total: $103,392.96 A/R MISCELLANEOUS REFUNDS DIFF OF EST VS ACT 401-0000-213.10-90 903.65 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 14.00 FINAL BILL REFUND 401-0000-122.10-99 38.50 FINAL BILL REFUND 401-0000-122.10-99 44.21 FINAL BILL REFUND 401-0000-122.10-99 198.35 FINAL BILL REFUND 401-0000-122.10-99 267.33 FINAL BILL REFUND 401-0000-122.10-99 299.84 FINAL BILL REFUND 401-0000-122.10-99 524.35 FINAL CREDIT-2612 APPLE B 401-0000-122.10-99 23.56 FINAL CREDIT-3607 PAGE ST 401-0000-122.10-99 216.48 OVERPAYM ENT-1 034 SPRUCE 401-0000-122.10-99 320.10 OVERPAYMENT-2215 CHASE 20 401-0000-122.10-99 146.46 FINAL BILL REFUND 401-0000-122.10-99 486.57 OVERPAYMENT-2215 CHASE 20 401-0000-122.10-99 (146.46) Division Total: $3,336.94 Department Total: $3,336.94 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 401-7111-533.31-60 4,261.30 Engineering-Electric Division Total: $4,261.30 AMAZON CAPITAL SERVICES SCHOOL EQUIP& SUPPLIES 401-7180-533.31-01 36.87 CED/CONSOLIDATED ELEC DIST BRUSHES (NOT CLASSIFIED) 401-7180-533.31-01 169.73 ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 20.08 Page 5 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 9 ., City of Port Angeles City Council Expenditure Report r ■., Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 401-7180-533.35-01 3,552.46 MISC TRAVEL SHAY-TCS TRAINING 401-7180-533.43-10 155.25 NORTHWEST SAFETY SERVICE, SECURITY,FIRE,SAFETY SERV 401-7180-533.41-50 1,123.20 LLC PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 163.41 SWAIN'S GENERAL STORE INC ELECTRICAL EQUIP &SUPPLY 401-7180-533.35-01 31.49 ULINE, INC MASS TRANS,ACCES& PARTS 401-7180-533.35-01 376.63 VALMONT COMPOSITE ELECTRICAL EQUIP &SUPPLY 401-7180-533.34-02 9,482.90 STRUCTURES Electric Operations Division Total: $15,112.02 Public Works-Electric Department Total: $19,373.32 Electric Utility Fund Total: $22,710.26 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 9,556.03 PIPE FITTINGS 402-0000-141.40-00 671.77 FOWLER COMPANY, H D PIPE FITTINGS 402-0000-141.40-00 2,058.79 PLUMBING EQUIP FIXT,SUPP 402-0000-141.40-00 2,088.31 Division Total: $14,374.90 Department Total: $14,374.90 ANGELES MILLWORK& LUMBER BLDG CONSTRUC. SERVICES- 402-7380-534.31-20 1,248.33 BLAKE SAND &GRAVEL, INC ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 44.06 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 402-7380-534.41-50 168.00 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 576.00 MISC PROFESSIONAL SERVICE 402-7380-534.41-50 162.40 FEDERAL EXPRESS CORP SHIPPING AND HANDLING 402-7380-534.42-10 28.99 Shipping Charges 402-7380-534.42-10 69.35 SHIPPING AND HANDLING 402-7380-534.42-10 40.37 HEARTLINE SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 97.92 MCMASTER-CARR SUPPLY CO EQUIPMENT MAINTENANCE,REC 402-7380-534.31-20 37.61 ROOFING MATERIALS 402-7380-534.31-20 130.89 MISC EMPLOYEE EXPENSE ALDERSON-SAFETY BOOT REIM 402-7380-534.31-01 300.00 REIMBURSEMENT MISC TRAVEL ALDERSON-CDL DRIVING EXAM 402-7380-534.43-10 37.00 ALDERSON-CDL EXAM 402-7380-534.43-10 37.00 EDGINGTON-HDPE WELDER TRA 402-7380-534.43-10 37.00 LEONARD-HDPE WELDER TRAIN 402-7380-534.43-10 37.00 MORGAN-WT PLANT OF I/II C 402-7380-534.43-10 741.28 Page 6 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 10 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 239.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 193.00 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 402-7380-534.31-01 244.66 ROAD/HGWY HEAVY EQUIPMENT 402-7380-534.31-01 80.48 COOLER, DRINKING WATER 402-7380-534.31-01 63.89 UNITED STATES PLASTIC CORP PIPE AND TUBING 402-7380-534.31-20 556.45 Water Division Total: $5,170.68 MCMASTER-CARR SUPPLY CO WATER SEWAGE TREATMENT EQ 402-7382-534.31-20 1,008.05 WATER SEWAGE TREATMENT EQ 402-7382-534.31-20 1,008.05 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP &SUPPLY 402-7382-534.31-20 83.87 Industrial Water Treatmnt Division Total: $2,099.97 Public Works-Water Department Total: $7,270.65 Water Utility Fund Total: $21,645.55 QUALITY CONTROL SERVICES INC RENTAL/LEASE EQUIPMENT 403-0000-237.00-00 (145.20) Division Total: ($145.20) Department Total: ($145.20) ANGELES MILLWORK&LUMBER Return 403-7480-535.31-01 (6.66) APSCO INC HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 391.49 BAXTER AUTO PARTS#15 AUTO SHOP EQUIPMENT& SUP 403-7480-535.31-20 89.71 AUTO SHOP EQUIPMENT&SUP 403-7480-535.31-01 16.63 AUTO SHOP EQUIPMENT&SUP 403-7480-535.31-20 3.14 AUTO SHOP EQUIPMENT&SUP 403-7480-535.31-01 (16.63) AUTO SHOP EQUIPMENT&SUP 403-7480-535.31-20 (89.71) AUTO SHOP EQUIPMENT&SUP 403-7480-535.31-20 (3.14) BUCK'S NORTHWEST ROADS IDE,GRN IDS,REC, PARK 403-7480-535.48-10 1,233.56 LANDSCAPING, LLC EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 200.07 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 68.40 FASTENAL INDUSTRIAL AUTO&TRUCK MAINT. ITEMS 403-7480-535.35-01 223.26 HAND TOOLS ,POW&NON POWER 403-7480-535.35-01 262.26 HARDWARE,AND ALLIED ITEMS 403-7480-535.35-01 261.23 FEDERAL EXPRESS CORP Shipping Charges 403-7480-535.42-10 16.49 Shipping Charges 403-7480-535.42-10 34.90 Shipping Charges 403-7480-535.42-10 60.19 GORDON-GT&ASSOCIATES, INC PIPE FITTINGS 403-7480-535.31-20 2,397.01 Page 7 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 11 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount GRAINGER FIRST AID &SAFETY EQUIP. 403-7480-535.31-01 143.09 GRANICH ENGINEERED EQUIPMENT MAINTENANCE,REC 403-7480-535.48-10 6,964.29 PRODUCTS INC HEARTLINE NURSERY STOCK& SUPPLIES 403-7480-535.31-20 661.50 MATT'S TOOLS USA, LLC AUTO&TRUCK MAINT. ITEMS 403-7480-535.35-01 575.95 AUTO &TRUCK MAINT. ITEMS 403-7480-535.35-01 913.64 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 2,315.89 POLYDYNE INC WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,273.60 PORT ANGELES POWER MACHINERY& HEAVY HRDWARE 403-7480-535.35-01 212.63 EQUIPMENT QUALITY CONTROL SERVICES INC RENTAL/LEASE EQUIPMENT 403-7480-535.49-90 1,795.20 SUNBELT RENTALS, INC RENTAL/LEASE EQUIPMENT 403-7480-535.45-30 894.45 SWAIN'S GENERAL STORE INC POISONS:AGRICUL& INDUSTR 403-7480-535.31-01 49.85 POISONS:AGRICUL& INDUSTR 403-7480-535.31-01 119.13 POISONS:AGRICUL& INDUSTR 403-7480-535.31-01 58.69 JANITORIAL SUPPLIES 403-7480-535.31-01 140.47 FOODS: PERISHABLE 403-7480-535.31-01 69.37 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 403-7480-535.48-02 340.00 TWO RIVERS TERMINAL WATER&SEWER TREATING CHEM 403-7480-535.31-05 3,047.92 USA BLUEBOOK CHEMICAL LAB EQUIP& SUPP 403-7480-535.31-01 68.57 CHEMICAL LAB EQUIP &SUPP 403-7480-535.35-01 795.90 Wastewater Division Total: $28,582.34 Public Works-WW/Stormwtr Department Total: $28,582.34 Wastewater Utility Fund Total: $28,437.14 AMAZON CAPITAL SERVICES AUTO SHOP EQUIPMENT& SUP 404-7538-537.35-01 115.31 ANGELES MILLWORK& LUMBER BUILDER'S SUPPLIES 404-7538-537.35-01 570.22 MATERIAL HNDLING&STOR EQP 404-7538-537.35-01 (38.08) ROOFING MATERIALS 404-7538-537.35-01 110.01 BAILEY SIGNS &GRAPHICS MISCELLANEOUS SERVICES 404-7538-537.35-01 2,074.00 MISCELLANEOUS SERVICES 404-7538-537.31-01 489.60 EMERALD SERVICES PW CONSTRUCTION & RELATED 404-7538-537.41-51 331.25 MATT'S TOOLS USA, LLC CLOTHING &APPAREL 404-7538-537.31-20 51.66 HAND TOOLS ,POW&NON POWER 404-7538-537.31-20 38.97 MISC EMPLOYEE EXPENSE ADOLPHSEN-MILEAGE REIMBUR 404-7538-537.43-10 62.37 REIMBURSEMENT HOWELL- MILEAGE REIMBURS 404-7538-537.43-10 89.15 Page 8 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 12 City of Port Angeles if City Council Expenditure Report r ■., Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount MISC TRAVEL PAYNTER-SAMPLE DELIVERY T 404-7538-537.43-10 56.55 OLYMPIC ELECTRIC CO INC CONSTRUCTION SERVICES,TRA 404-7538-537.35-01 1,203.33 PORT ANGELES POWER LAWN MAINTENANCE EQUIP 404-7538-537.35-01 1,201.06 EQUIPMENT SWAIN'S GENERAL STORE INC TAPE(NOT DP,SOUND,VIDEO) 404-7538-537.31-01 32.51 SUPPLIES 404-7538-537.31-01 8.56 LAWN MAINTENANCE EQUIP 404-7538-537.35-01 147.71 THURMAN SUPPLY PIPE AND TUBING 404-7538-537.35-01 29.19 USA BLUEBOOK FIRST AID &SAFETY EQUIP. 404-7538-537.31-01 41.67 WESTERN STEEL METALS,BARS,PLATES,RODS 404-7538-537.35-01 1,335.34 SW-Transfer Station Division Total: $7,950.38 ANGELES MILLWORK& LUMBER MATERIAL HNDLING&STOR EQP 404-7580-537.35-01 62.51 MISC EMPLOYEE EXPENSE SCOTT-CDL RENEWAL REIMBUR 404-7580-537.49-90 212.25 REIMBURSEMENT SEIGLER- MEAL REIMBURSEM 404-7580-537.31-01 37.00 SEIGLER- MEAL REIMBURSEM 404-7580-537.31-01 37.00 WRIGHT- MEAL REIMBURSEME 404-7580-537.31-01 37.00 WRIGHT- MEAL REIMBURSEME 404-7580-537.31-01 37.00 WURZ- MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 WURZ- MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 404-7580-537.35-01 20.64 Solid Waste-Collections Division Total: $517.40 Public Works-Solid Waste Department Total: $8,467.78 Solid Waste Utility Fund Total: $8,467.78 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 406-7412-538.49-90 4,254.50 HARBOR FREIGHT TOOLS AUTO&TRUCK MAINT. ITEMS 406-7412-538.35-01 424.30 LEITZ FARMS, INC AUTO&TRUCK MAINT. ITEMS 406-7412-538.31-01 54.73 MISC TRAVEL POATS-HDPE WELDER TRAININ 406-7412-538.43-10 37.00 SWAIN'S GENERAL STORE INC AUTO&TRUCK MAINT. ITEMS 406-7412-538.31-01 19.08 Stormwater Division Total: $4,789.61 Public Works-WW/Stormwtr Department Total: $4,789.61 Stormwater Utility Fund Total: $4,789.61 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,276.15 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 2,351.16 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 380.99 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 626.73 Page 9 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 13 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-01 16.68 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 91.74 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 216.89 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,413.67 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 432.76 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 21.91 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 71.37 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 624.28 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 101.70 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 256.80 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 140.40 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 21.91 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 21.34 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,855.44 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 191.60 TELEFLEX, LLC SALE SURPLUS/OBSOLETE 409-6025-526.31-01 110.89 Medic I Division Total: $10,224.41 Fire Department Total: $10,224.41 Medic I Utility Fund Total: $10,224.41 CASCADIA LAW GROUP MISC PROFESSIONAL SERVICE 413-7481-535.41-50 1,842.40 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 1,583.64 PKG LAW, PS MISC PROFESSIONAL SERVICE 413-7481-535.41-50 7,558.61 MISC PROFESSIONAL SERVICE 413-7481-535.41-50 10,912.50 Wastewater Remediation Division Total: $21,897.15 Public Works-WW/Stormwtr Department Total: $21,897.15 Harbor Clean Up Fund Total: $21,897.15 AEE-ASSOC OF ENERGY MEMBERSHIPS 421-7121-533.49-01 300.00 ENGINEERS AIR FLO HEATING COMPANY INC CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 500.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 500.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 1,600.00 ALL WEATHER HEATING AND CITY REBATE- DUCTLESS HE 421-7121-533.49-86 1,000.00 COOLING CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 Page 10 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 14 City of Port Angeles if City Council Expenditure Report r ■., Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount ALPHA BUILDER CORPORATION CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 DAVE'S HEATING &COOLING SVC CITY REATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE- DUCTLESS HE 421-7121-533.49-86 1,600.00 CITY REBATE DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 PENINSULA HEAT INC CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 Conservation Division Total: $13,500.00 Public Works-Electric Department Total: $13,500.00 Conservation Fund Total: $13,500.00 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 452-7388-594.65-10 1,476.17 Water Projects Division Total: $1,476.17 Public Works-Water Department Total: $1,476.17 Water Utility CIP Fund Total: $1,476.17 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 453-7488-594.65-10 1,476.17 Wastewater Projects Division Total: $1,476.17 Public Works-WW/Stormwtr Department Total: $1,476.17 Wastewater Utility CIP Fund Total: $1,476.17 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 454-7588-594.65-10 1,476.17 Solid Waste Coll Projects Division Total: $1,476.17 Public Works-Solid Waste Department Total: $1,476.17 Solid Waste Utility CIP Fund Total: $1,476.17 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 456-7688-594.65-10 1,476.18 Stormwater Util CIP Projs Division Total: $1,476.18 Public Works Department Total: $1,476.18 Stormwtr Util Projects Fund Total: $1,476.18 AMAZON CAPITAL SERVICES AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 91.06 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 15,686.99 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 18,285.05 BAXTER AUTO PARTS#15 BELTS AND BELTING 501-0000-141.40-00 67.85 BELTS AND BELTING 501-0000-141.40-00 (67.85) DON SMALL& SONS OIL DIST CO. AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 2,059.42 FREIGHTLINER NORTHWEST AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 167.69 IRONCLAD COMPANY AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 708.02 Page 11 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 15 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount KAMAN INDUSTRIAL POWER TRANSMISSION EQUIPM 501-0000-141.40-00 1,818.43 TECHNOLOGIES NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 104.39 AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 146.95 O'REILLY AUTO PARTS BELTS AND BELTING 501-0000-141.40-00 56.20 PAPE-KENWORTH NORTHWEST, AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 43.69 INC AUTO &TRUCK MAINT. ITEMS 501-0000-141.40-00 171.56 PENINSULA LUBRICANTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 665.23 PRICE FORD LINCOLN AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 31.40 SETINA MFG CO INC POLICE EQUIPMENT& SUPPLY 501-0000-141.40-00 538.48 SIRENNET.COM AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 2,040.01 Division Total: $42,614.57 Department Total: $42,614.57 ALTEC INDUSTRIES, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2,585.97 AMAZON CAPITAL SERVICES AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 50.16 PAPER& PLASTIC-DISPOSABL 501-7630-548.31-01 24.69 AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 189.00 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 21.47 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 48.47 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 214.56 COPY CAT GRAPHICS& SIGNS AUTO&TRUCK ACCESSORIES 501-7630-548.34-02 81.38 AUTO &TRUCK ACCESSORIES 501-7630-548.34-02 81.38 FAR-WEST MACHINE & AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 18.92 HYDRAULICS FASTENAL INDUSTRIAL AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 682.77 HEARTLINE AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 164.23 HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 486.00 J B'S UPHOLSTERY EXTERNAL LABOR SERVICES 501-7630-548.34-02 176.80 LES SCHWAB TIRE CENTER AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 308.40 AUTO &TRUCK MAINT. ITEMS 501-7630-548.34-02 837.18 EXTERNAL LABOR SERVICES 501-7630-548.34-02 16.32 EXTERNAL LABOR SERVICES 501-7630-548.34-02 65.27 MATT'S TOOLS USA, LLC AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 33.06 Page 12 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 16 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount MATT'S TOOLS USA, LLC AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 110.73 N C MACHINERY CO ROAD/HWY EQUIP EARTH,GRD 501-7630-548.34-02 8,526.66 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 26.74 NORTHWEST TANK& ENVIRONMENTAL&ECOLOGICAL 501-7630-548.49-90 900.00 ENVIRONMENTAL SVCS PAPE' MACHINERY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 42.21 PRICE FORD LINCOLN AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 110.32 SIX ROBBLEES' INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 120.72 SOLID WASTE SYSTEMS, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2,192.81 STRAIT ALIGNMENT& BRAKE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 369.70 EXTERNAL LABOR SERVICES 501-7630-548.34-02 217.55 TACOMA SCREW PRODUCTS INC AUTO &TRUCK MAINT. ITEMS 501-7630-548.31-01 295.43 THURMAN SUPPLY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 87.87 TRAFFIC SAFETY SUPPLY CO AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 531.29 SHIPPING AND HANDLING 501-7630-548.34-02 (272.00) TRANCO TRANSMISSIONS INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2,111.26 EXTERNAL LABOR SERVICES 501-7630-548.34-02 759.66 Equipment Services Division Total: $22,257.54 Public Works Department Total: $22,257.54 Equipment Services Fund Total: $64,872.11 CANON USA, INC OFFICE MACHINES&ACCESS 502-2081-518.45-31 4,243.04 CENTURYLINK-QWEST 05-05 A/C 206ZO50031845B 502-2081-518.42-10 2,739.25 EXP TECHNICAL INC CONSULTING SERVICES 502-2081-518.41-50 175.00 NORTHERN LIGHTS SOUND SYSTEMS&ACCESSORY 502-2081-518.31-80 259.68 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 502-2081-518.45-31 1,883.68 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 91.39 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 715.90 VERIZON WIRELESS O4-22 A/C 571136182-00001 502-2081-518.42-10 173.40 05-05 A/C 544276284-00001 502-2081-518.42-10 91.41 05-15 A/C 842160242-00001 502-2081-518.42-10 2,338.74 05-15 A/C 842160242-00003 502-2081-518.42-10 1,182.96 05-15 A/C 842160242-00004 502-2081-518.42-10 4,747.06 WIN-911 SOFTWARE DATA PROC SERV&SOFTWARE 502-2081-518.48-02 660.00 Information Technologies Division Total: $19,301.51 NORDISK SYSTEMS, INC CONSULTING SERVICES 502-2083-518.41-50 6,125.00 Page 13 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 17 ., City of Port Angeles f City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount PUD#1 OF CLALLAM COUNTY RADIO &TELECOMMUNICATION 502-2083-518.47-10 58.54 Wireless Mesh Division Total: $6,183.54 Finance Department Total: $25,485.05 Information Technology Fund Total: $25,485.05 AWC EMPLOYEE BENEFITS TRUST L1 MED/DEN/VIS PREMIUMS 503-1631-517.46-34 8,040.92 LIFE INSURANCE 503-1631-517.46-32 1,742.55 LTD 503-1631-517.46-31 5,581.86 MED/DEN/VIS PREMIUMS 503-1631-517.46-30 203,049.98 HSA BANK Employer Contribution 503-1631-517.46-30 7,500.00 NW ADMIN TRANSFER ACCT INSURANCE,ALL TYPES 503-1631-517.46-33 81,456.10 INSURANCE,ALL TYPES 503-1631-517.46-34 6,497.00 Other Insurance Programs Division Total: $313,868.41 Self Insurance Department Total: $313,868.41 Self-Insurance Fund Total: $313,868.41 AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 560.00 AWC EMPLOYEE BENEFITS TRUST SUPPLEMENTAL LIFE 920-0000-231.53-30 581.90 BROWN & BROWN OF PAYROLL SUMMARY 920-0000-231.53-40 1,812.28 WASH INGTON CHAPTER 13 TRUSTEE Case#21-10696 920-0000-231.56-90 358.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 30,276.92 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 89,195.75 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 20.04 PAYROLL SUMMARY 920-0000-231.50-20 101,442.00 FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 2,871.70 HSA BANK Employee Contribution 920-0000-231.52-40 3,756.54 PAYROLL SUMMARY 920-0000-231.53-11 100.00 PAYROLL SUMMARY 920-0000-231.53-12 301.54 IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 1,362.44 JOHN HANCOCK LIFE INSURANCE PAYROLL SUMMARY 920-0000-231.52-25 2,096.60 CO LEOFF PAYROLL SUMMARY 920-0000-231.51-21 35,752.77 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 27,881.26 OFFICE OF SUPPORT PAYROLL SUMMARY 920-0000-231.56-20 810.76 ENFORCEMENT PERS PAYROLL SUMMARY 920-0000-231.51-10 1,040.70 PAYROLL SUMMARY 920-0000-231.51-11 15,761.88 Page 14 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 18 ., City of Port Angeles City Council Expenditure Report Between May 28, 2022 and Jun 10, 2022 Vendor Description Account Number Amount PERS PAYROLL SUMMARY 920-0000-231.51-12 80,255.44 POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 367.00 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 200.00 WSCCCE AFSCME AFL-CIO PAYROLL SUMMARY 920-0000-231.54-40 6,317.23 Division Total: $403,122.75 Department Total: $403,122.75 Payroll Clearing Fund Total: $403,122.75 Total for Checks Dated Between May 28, 2022 and Jun 10, 2022 $1,320,987.63 Page 15 of 15 Jun 14, 2022 7:55:03 AM June 21, 2022 E - 19 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: June 21,2022 To: City Council From: Thomas Hunter,Director ofPublic Works & Utilities Subject: Amendment 011 PSA-2020-48 Stormwater Permit Implementation Support Summary: The purpose of this memo is to receive Council approval for the City to: 1. Enter into a water quality grant agreement with Ecology to create and implement an enhanced Source Control program within City limits, and; 2. Enter into a water quality grant agreement with Ecology to develop a Stormwater Management Action Plan(SMAP), and; 3. Amend the ongoing Professional Services Agreement(PSA-2020-48)with Osborn Consulting,Inc. (OCI)to accommodate the work associated with the grant agreements above and continue to support City staff in meeting the 2019-2024 Western Washington Phase 11 Stormwater Permit(Permit)requirements and deadlines. Funding: Washington State Department of Ecology(Ecology)has awarded two water quality programmatic development grants to the City in the amount of$85,000 and$173,245. Both grant agreements require a 15%match from the City,totaling $45,573,which is available in the Stormwater Operational Budget.Additional funds in the amount of$88,950.00 will be set aside in the 2023 Stormwater Operational Budget(406-7412-538-4150)to supplement this amendment. Total cost to the City will be $88,950,with total grant funds received of$258,245. Recommendation: A. Approve: 1. WQC-2022-PoAnPW-00169,Enhanced Source Control Program Development Grant Agreement with Ecology; 2. WQC-2022-PoAnPW-00164, Stormwater Management Action Plan Grant Agreement with Ecology; and, 3. Amendment 01 to PSA-2020-48 with Osborn Consulting,Inc.,thereby,increasing the original agreement's not-to-exceed amount from $295,806.00 to $643,001; an increase of$347,195. B. And authorize the City Manager to sign all documents necessary to execute and administer the above agreements and amendment and to make minor modifications to them, as necessary. Background / Analysis: Ecology's current 2019-2024 Phase 11 Municipal Stormwater Permit(Permit) became effective in August of 2019. During this permit cycle,the City is expected to significantly expand upon our existing stormwater management program in order to meet minimum requirements and maintain compliance with the State's NPDES permit. In an effort to meet these new requirements and deadlines while maintaining existing staffing levels,the City advertised for consultant support via the formal competitive solicitation process. Osborn Consulting,Inc. (OCI)of Bellevue,Washington was selected as most qualified to partner with the City on this effort. A Professional Services Agreement(PSA-2020-48) with OCI was approved by Council and executed in Nov. 2020. The Agreement's maximum compensation was set at$295,806 and has an expiration date of December 315t,2023. June 21, 2022 E - 20 Some tasks in the Agreement were defined (or partially defined)but remained unfunded or only partially funded. To bridge this funding gap,the City submitted grant applications in 2020 to Ecology's Stormwater Financial Assistance Program. In late 2021,Ecology notified the City that the grant applications had been selected for funding and,in early 2022,began negotiating these agreements with the City. The Stormwater Management Action Plan (SMAP) Grant Agreement(WQC-2022-PoAnPW-00164)has a total eligible cost of$100,000,including a required City match of 15% ($15,000), and will expire 9/30/2023. The tasks defined in the agreement are modeled after section S5.C.l.d of the Permit requiring the City identify at least one priority stormwater catchment area and complete an associated SMAP by no later than March 31st,2023. The Enhanced Source Control Program Development Grant Agreement(WQC-2022-PoAnPW-00169) has a total eligible cost of$203,817.65,including a required City match of 15% ($30,573), and will expire 6/30/2024. The tasks defined in the agreement are modeled after section S5.C.8 of the Permit requiring the City to develop and implement an inspection-based Source Control program for existing development. In both agreements,Ecology expanded upon the minimum requirements defined in the Permit and, subsequently,beyond the original Scope of Work with OCL Therefore,Amendment 01 to the Agreement is necessary to accommodate the work added by Ecology's grant agreements with an updated Scope of Work,assign grant funds to specific tasks within the Agreement, add definition to existing tasks based on new information from work completed to-date, and replenish the Directed Services budget. Funding Overview: Amendment 01 to the PSA will be predominantly funded using the SMAP and Source Control grant agreements with Ecology. The City will need to provide supplemental funds in the amount of$88,950.00,which will be funded using the 2023 Stormwater Operational Budget(406-7412- 538-4150)for Professional Contract Services. Below is the funding distribution and allocation associated with Amendment 01. Table 1.Funding distribution of PSA-2020-48 with Amendment 01 PSA-2020-48 SW Permit Implementation Support Original PSA Amendment 01 Combined Task 1:Project Management $44,735.00 $11,585.00 $56,320.00 Task 2:Stormwater Planning Support $116,537.00 $62,164.00 $178,701.00 Task 3:IDDE Support $41,862.00 $0.00 $41,862.00 Task 4:0&M Support $49,491.00 $0.00 $49,491.00 Task 5:Source Control $3,786.00 $188,446.00 $192,232.00 Task 6:Inspection/Tracking Program Update $19,395.00 $70,000.00 $89,395.00 Task 7:Directed Services $20,000.00 $15,000.00 $35,000.00 Total $295,806.00 $347,195.00 $643,001.00 Table 2.Funding allocation for PSA-2020-48 with Amendment 01 Amendment 01 $85,000.00 ECY Grant-SMAP $173,245.00 ECY Grant-Source Control $88,950.00 2023 SW Budget(-4150);to supplement Task 6 and 7. $347,195.00 Total June 21, 2022 E - 21 p Tqyv6 pO AMENDMENT NO. 1 TO THE SERVICE AGREEMENT BETWEEN W_ THE CITY OF PORT ANGELES AND AGe`'°woRKSA OSBORN CONSULTING,INC. PSA-2020-48 RELATING TO: STORMWATER PERMIT IMPLEMENTATION SUPPORT THIS AMENDMENT NO. 1 is made and entered into by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and OSBORN CONSULTING, INC., a Washington corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT"). NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT,the parties hereto agree as follows: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on 11/17/2020, (the AGREEMENT). SECTION 2 I BACKGROUND In 2021,the CITY was awarded two stormwater permit implementation grants from the WA Dept. of Ecology (WQC-2022-PoAnPW-00164 & WQC-2022-PoPW-00169) to complete previously unfunded and partially funded sections of the AGREEMENT and to expand upon various existing tasks included in the original AGREEMENT. II REVISED SCOPE OF WORK The amended scope of professional services to be performed and the results to be achieved by the CONSULTANT pursuant to the AGREEMENT shall be amended to include the attached Exhibit A 1 to AMENDMENT 1. The Tasks in Exhibit A 1 are in addition to the Tasks in Exhibit A—SCOPE OF WORK in the original AGREEMENT. The SCOPE OF WORK shall include all services and material necessary to accomplish the work. III TIME OF PERFORMANCE No change to the Time of Performance;the work for all Task shall be completed by December 31, 2023. IV MAXIMUM COMPENSATION fuwmc219 2022-48,AMENDMENT NO.1 E - 22 [FORM REVISED 7/2017] Page 1 of 10 The CONSULTANT'S total compensation and reimbursement for this AMENDMENT are stated in the attached Exhibit B1 of this AMENDMENT. The maximum compensation amount, referenced in Section VI of the AGREEMENT, is amended from $295,806 to $643,001; an increase of $347,195. The budget for any Task may be further adjusted by mutual agreement without an amendment to the AGREEMENT, as long as the maximum compensation amount of $643,001 is not exceeded. V EXHIBITS AND SIGNATURES This AMENDMENT together with the original AGREEMENT, including its exhibits, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by written amendment executed by both parties. The following exhibits are hereby made part of the AMENDMENT. Exhibit A1 — Scope of Work Exhibit B 1 —Schedule and Budget Exhibit C 1 —Consultant Rate Schedule Exhibit D1 — Subconsultant Rate Schedule SECTION 3 Except as modified herein, the original AGREEMENT is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this AMENDMENT No. 1 to the AGREEMENT as of the date and year of the last signature affixed below. CITY OF PORT ANGELES OSBORN CONSULTING,INC. By: By: City Manager President Printed Name: Nathan West Printed Name: Tarelle Osborn, PE Date: Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney funac219 2022-48,AMENDMENT NO.1 E - 23 [FORM REVISED 7/2017] Page 2 of 10 EXHIBIT AI SCOPE OF WORK fumac219 2022-48,AMENDMENT NO.1 E - 24 [FORM REVISED 7/2017] Page 3 of 10 EXHIBIT Al — SCOPE OF WORK Stormwater Permit Implementation Support —Amendment 1 Osborn consulting,Inc.(Consultant)shall provide the following services to the City of Port Angeles(City), as described herein, in the form of planning, analysis, design, and other technical support related to the City's Phase II Municipal Stormwater Permit with Ecology. Background In 2007, the City of Port Angeles was included as a Phase II Municipal Stormwater Permittee by the Washington State Department of Ecology under the National Pollutant Discharge Elimination System (NPDES)to manage discharge from the City's Municipal Separate Storm Sewer System(MS4).In July 2019, Ecology released the 2019-2024 Permit which included new and expanded permit sections. Current City staffing levels are not able to accommodate the added workload and require support in meeting various 2019-2024 Permit requirements and deadlines. As such the City selected Osborn Consulting, Inc.through a competitive selection process to provide permit implementation services in support of the City achieving their permit requirements and deadlines. Specific services focus on the following items and permit sections: • Task l: Project Management • Task 2: Stormwater Planning Support-Permit Section S5.C.1 • Task 3: Illicit Discharge Detection and Elimination Support-Permit Section S5.C.5 • Task 4: Operations and Maintenance Program Support-Permit Section S5.C.7 • Task 5: Source Control-Permit Section S5.C.8 • Task 6: Inspection/Tracking Program Update Support-Permit Section S5.C.4—S5.C.7 • Task 7: Permit Implementation Directed Services-Permit Sections S5.C.1 —S5.C.8 In 2020,the City applied for two grants from the Department of Ecology to fund the Stormwater Management Action Plan (SMAP) and the Source Control Program. In 2022,the City was awarded the SMAP grant(WQC-2022-PoAnPW-00164)for$100,000,and the Enhanced Source Control Program Development grant(WQC-2022-PoAnPW-00169) for$203,817.65. Both of these grants have an effective date of July 1,2021. While the original agreement's Scope of Work(SOW) and the grant applications to Ecology were drafted to specifically satisfy the Permit's minimum requirements,Ecology expanded the SOW and required deliverables in the grant agreements for both SMAP and Source Control. Using Ecology's term,the intent being to enhance the City's program beyond simply meeting the Permit's minimum requirements. This amendment adds scope and budget to address grant requirements,budget for the source control program, and implementation of the City's new inspection/tracking/reporting system that was not previously funded. TASK I PROJECT MANAGEMENT The following has been added to the original scope. This task covers the additional management,administration,and coordination of the work by the Consultant team to address additional budget and requirements of the recently awarded grants and the implementation 1IPage June 21, 2022 E - 25 of the City's new inspection/tracking/reporting system as defined in this Amendment. Consultant Services • Coordinate additional budget,deliverables, and scope. • Coordinate and manage additional sub consultants. • Manage and track the project schedule for additional deliverables. City Responsibilities • The City is responsible for all grant administration, including, but not limited to, maintenance of project records, preparing requests for reimbursement and corresponding backup documentation, and preparing progress reports,closeout report, and final report for Ecology. • The City is responsible for submitting documents to Ecology. Deliverables • Updated Project Schedule (Excel) TASK 2 STORMWATER PLANNING SUPPORT Permit Section S5.C.1 The following has been added to the original scope. This task includes additional and enhanced grant requirements not included in the original scope. 2.3 Initiate a Stormwater Management Plan (SMAP)Process Consultant Services • Provide and document responses to Ecology's review comments for the receiving water assessment, receiving water prioritization process, receiving water prioritization results, and SMAP. • Revise final drafts of receiving water assessment,receiving water prioritization process, receiving water prioritization results, and SMAP based on Ecology's review comments. • Provide additional opportunities for public feedback as required in the grant and incorporate feedback into final SMAP deliverables. • Prepare GIS shape files for catchment boundary and facility footprint for SMAP treatment and flow control facilities. • Prepare GIS shape files as required in the grants for City's online GIS interface. • Identify potential funding sources for projects identified in the SMAP. • Prepare cultural and environmental review and permitting documents for the stormwater facility improvement projects identified in the SMAP, including SEPA documents, anticipated permits, licenses, and easements, Ecology's cultural resource review form, and an Inadvertent Discovery Plan(IDP)if applicable. 21Page . June 21, 2022 E - 26 City Responsibilities • Develop and present data layers as required in the grant as an online GIS interface and notify Ecology project manager when the online GIS interface is published. • Upload all deliverables to EAGL (Ecology Administration of Grants and Loans) and notify the Ecology project manager when the upload is complete. Deliverables • D3.3 - Response to Ecology Receiving Water Conditions Assessment comments. • D3.4 - Ecology acceptance of Final Receiving Water Conditions Assessment. • D4.1 - Draft prioritization scoring methodology. • D4.2 - Response to Ecology prioritization scoring methodology comments. • D4.4 - Collected and documented stakeholder feedback from public outreach and comment responses for prioritization process. • D4.5 -Memorandum documenting final receiving water prioritization process and results. • D5.5 —For treatment and flow control facilities,provide GIS files for the online GIS interface that include feature layers for each facility's catchment and each facility's footprint. Facility footprint attributes will include type of facility and types of pollutants removed. Critical areas and high-risk cultural resource areas GIS files to be included as layers on the GIS interface map. • D5.6 - Collected and documented stakeholder feedback from public outreach and comment responses for proposed SMAs. • D5.4—Response to Ecology Draft Stormwater Management Action Plan comments. • D5.5 —Ecology acceptance of Final Stormwater Management Action Plan. • D5.4 - Response to Ecology SMAP comments. • D6.1 - SEPA checklist. • D6.2 - List of anticipated permits and environmental review documents. • D6.3 - Cultural Resources Review Form,if necessary. Form and any supplemental cultural resources documentation will be emailed directly to the Ecology Project Manager. Ecology will upload documentation to EAGL when cultural resources is complete. 31page . June 21, 2022 E - 27 • D 6.4- Inadvertent Discovery Plan,if necessary. TASK 5: SOURCE CONTROL Permit Section S5.C.8 This task is amended to provide budget to fund the original Task 5 scope that was not previously funded. TASK 6: INSPECTION/TRACKING PROGRAM UPDATE SUPPORT Permit Section S5.C.4 S5.C.7 This task is amended to include budget to fund the implementation of the City's new inspection/tracking/reporting system selected in the original Task 6 scope that was not previously funded. ArcGIS Hub was identified during the analysis phase of this Task and selected by the City for implementation. The Consultant will manage a sub-consultant agreeable to the City and who is proficient with AcrGIS Hub and ESRI Suite. The Sub-consultant will build-out the City's Stormwater Management platform, as described in tasks and sub-tasks within this agreement. Consultant Services • Create a digital platform using ArcGIS Hub for the City's Stormwater Management Program as applied to the stormwater management categories defined in section 6.1 of the original scope. • Implement the City's IDDE tracking,recordkeeping, and reporting system updated in Task 3.2 of the original scope. • Implement the mobile reporting and tracking program identified in Task 3.3 of the original scope. • Implement the City's private facility O&M inspection program updated in Task 4.1 of the original scope. • Implement the City's new source control program initiated in Task 5.4 of the original scope. City Responsibilities • City to work directly with the implementation lead to develop an operational program that is expected to include implementation, setup, workflow, template development, form-letter development,enforcement, standardization,customization, and data entry. Deliverables • Updated and ready to use inspection/tracking/reporting system. TASK 7: PERMIT IMPLEMENTATION DIRECTED SERVICES Permit Sections Addressed: S5.C.1S5.C.8 This task is amended to include budget to fund additional Task 7 work as requested. 41Page . June 21, 2022 E - 28 END OF EXHIBIT fiumc219 2022-48,AMENDMENT NO.1 E - 29 [FORM REVISED 7/2017] Page 4 of 10 EXHIBIT B 1 SCHEDULE AND BUDGET fiumc219 2022-48,AMENDMENT NO.1 E - 30 [FORM REVISED 7/2017] Page 5 of 10 EXHIBIT B1 — SCHEDULE AND BUDGET Schedule Tasks Anticipated Dates Task 1 Project Management and Administration Entire Project November 2020—December 2023 Task 2 Stormwater Planning Support November 2020—March 2023 Task 3 Illicit Discharge Detection and Elimination Support November 2020—December 2022 Task 4 Operations and Maintenance Program Support November 2020—December 2022 Task 5 Source Control January 2022 - December 2023 Task 6 Inspection/Tracking Program Update Support November 2020—December 2023 Task 7 Permit Implementation Directed Services November 2020—December 2023 Fees Tasks Original Amendment 01 Total Budget Contract Task 1 Project Management&Administration $44,735 $11,585 $56,320 Task Stormwater Planning Support $116,537 $62,164 $178,701 Task 3 IDDE/E Support $41,862 $0 $41,862 Task 4 O&M Program Support $49,491 $0 $49,491 Task 5 Source Control $3,786 $188,446 $192,232.65 Task 6 Inspection/Tracking Program Update Support $19,395 $70,000 $89,395 Task 7 Permit Implementation Directed Services $20,000 $15,000 $35,000 Project Total $295,806 $347,195 $643,001 5 1 P a g e June 21, 2022 E - 31 END OF EXHIBIT fimac219 2022-48,AMENDMENT NO.1 E - 32 [FORM REVISED 7/2017] Page 6 of 10 EXHIBIT C 1 CONSULTANT RATE SCHEDULE Ji mc219 2022-48,AMENDMENT NO.1 E - 33 [FORM REVISED 7/2017] Page 7 of 10 .. iWi• EXHIBIT C1 - CONSULTANT TIME PLUS EXPENSE RATE SCHEDULE 2022 RATE SCHEDULE Consultant Labor Costs and Non-Salary Reimbursable Costs are shown below. Labor Classification NTE Billing Rate* Principal $250 Engineering Manager $220 Senior Engineer $200 Project Engineer II $185 Project Engineer 1 $162 Engineer 111 $141 Engineer 11 $122 Engineer 1 $98 Intern Engineer $60 Engineering Tech 111 $110 Engineering Tech 11 $101 Engineering Tech 1 $90 Graphic Design $155 CADD Manager $160 CADD Tech 11 $101 CADD Tech 1 $92 Accountant $160 Contracts Manager $153 Administration 11 $107 Administration 1 $93 *Staff to be billed using their DSC with a 3.05 multiplier. The rates shown are the max fully burdened billing rates per classification. Reimbursables Item Rate Mileage Current IRS Rate Parking At Cost Reproductions At Cost Postage/Shipping At Cost June 21, 2022 E - 34 END OF EXHIBIT Ji mc219 2022-48,AMENDMENT NO.1 E - 35 [FORM REVISED 7/2017] Page 8 of 10 EXHIBIT D 1 SUBCONSULTANT RATE SCHEDULE fiumc219 2022-48,AMENDMENT NO.1 E - 36 [FORM REVISED 7/2017] Page 9 of 10 EXHIBIT D1 - SUBCONSULTANT RATE SCHEDULE RKI planning engineering June 6, 2022 Attention:Ann Bryant Osborn Consulting, Inc. Submitted via e-mail Subject: Hourly Rate Statement for Calendar Year 2022 Below are the hourly billing rates for Calendar Year 2022 for the engineering consulting services of Robin Kirschbaum, Inc. (RKI)for the City of Port Angeles Stormwater Permit Implementation Support Project. Classification 2022 Hourly Billing Rate Principal Engineer $274.23 Engineer VI $218.00 Engineer V $195.12 Engineer IV $184.58 Engineer III $169.00 Respectfully, Robin Kirschbaum, PE, LEED AP Principal Engineer 425 30TH AVENUE, SEATTLE, WA 98122 1 206.406.1862 1 ROBIN@ROBIN KI RSC HBAU M.COM WWW.ROB IN KIRSCH BAUM.COM June 21, 2022 E - 37 Evergreen • '• BOX 18912 •• • • •• 1• 995-0557 May 23, 2022 Ann Bryant Osborn Consulting, Inc. 1800 1121h Ave NE #220E Bellevue, WA, 98004 Dear Ann, This letter is to inform you that Evergreen StormH2O, Inc.'s billing rates for the City of Port Angeles Stormwater Permit Implementation Support projet are inclusive of labor, overhead costs, and profit. The inclusive billing rates for key roles working on this project are included in the attached All-Inclusive Billing Rates Table. These rates are the same rates we used at Osborn Consulting, Inc. less 5%. Our rates are also similar to staff at other consulting firms working on municipal stormwater planning and compliance work in Washington. Sincerely, Aimee S. Navickis-Brasch, PhD, PE Owner & Principal Engineer NB Engineering, LLC DBA Evergreen StormH2O June 21, 2022 E - 38 EVERGREEN STORMH2O ALL-INCLUSIVE BILLING RATES Classification All-Inclusive Rate Principal $208.62 Senior Engineer $179.55 Project Engineer $141.98 EIT $110 Intern Engineer $80 Accountant $105 Reirnbursables Mileage Current Federal Rate Parking/Tolls At Cost Reproductions At Cost Shipping/Mailing At Cost ASSUMPTIONS • Rate sheet and annual increases will be appropriate and within a CPI COLA. • New staff additions and promotions will be within the rate sheet proposed and may require approval from the Client. • Rate increases will not result in an adjustment to the budget in this contract. June 21, 2022 E - 39 END OF EXHIBIT fimac219 2022-48,AMENDMENT NO.1 E - 40 [FORM REVISED 7/2017] Page 10 of 10 DEPARTMENT OF E LOGY State of Washington Agreement No. WQC-2022-PoAnPW-00169 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES -PUBLIC WORKS 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 -Public Works,hereinafter referred to as the "RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Enhanced Source Control Program Development Total Cost: $203,817.65 Total Eligible Cost: $203,817.65 Ecology Share: $173,245.00 Recipient Share: $30,572.65 The Effective Date of this Agreement is: 07/01/2021 The Expiration Date of this Agreement is no later than: 06/30/2024 Project Type: Stormwater Facility Project Short Description: This project will reduce stormwater pollutants including Total Suspended Solids (TSS),metals, and phosphorous pollution in runoff for an area over 11 square miles in the City of Port Angeles through an enhancement of the City's source control practices as a formal regulatory program. This project will include development of an Enhanced Source Control Program,establishment of outreach means and methods, and selection of a software platform for management of the program. Project Long Description: This project will develop a source control plan to prevent and reduce pollutants in stormwater runoff from areas that discharge to the MS4(S5.C.8). Stormwater is conveyed through a combination of surface flow,ditch,pipe, groundwater,infiltration, and path to outfall/discharge. Outfalls are located within multiple freshwater creeks which flow into the Port Angeles Harbor. Currently 10 percent of stormwater run off in Port Angeles is managed by Best June 21, 2022 E - 41 State of Washington Department of Ecology Page 2 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Management Practices(BMPs). The Enhanced Source Control Program aims to reduce TSS,metals, and phosphorous for an area over 11 square miles. The RECIPIENT's source control efforts have been supported primarily by the Pollution Prevention Assistance program. This new effort will result in an enhancement of the RECIPIENT's source control practices as a formal regulatory program that is customized to address pollutant loading city wide. The RECIPIENT will develop and implement the Enhanced Source Control Program through: the adoption of programmatic ordinances with defined levels of enforcement based on minimum requirements and the greater city ordinance structure;the creation of an inventory of businesses with pollutant generation potential;the establishment of physical and digital outreach materials and methods to effectively communicate with businesses on the inventory list; and the selection of a software platform to increase efficiency and effectiveness of the program. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Template VerJUH6 24), 2022 E - 42 State of Washington Department of Ecology Page 3 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works RECIPIENT INFORMATION Organization Name: City of Port Angeles-Public Works Federal Tax ID: 91-6001266 UEI Number: NBZWTT3BYB68 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 VerJUH6 24), 2022 E 43 State of Washington Department of Ecology Page 4 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Project Manager Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles,Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360)417-4701 Billing Contact Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles,Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360)417-4701 Nathan A. West Authorized City Manager Signatory 321 E. Fifth Street Port Angeles,Washington 98362 Email: nwest@cityofpa.us Phone: (360)417-4751 Template VerJUH6l/24l, 2022 E 44 State of Washington Department of Ecology Page 5 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Charlie Hohlbein Project Manager PO Box 47775 Olympia, Washington 98504-7775 Email: CHOH461@ecy.wa.gov Phone: (360)485-2474 Michelle Myers Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: mmye461@ecy.wa.gov Phone: (360) 628-4067 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOHO461@ecy.wa.gov Phone: (360) 870-0983 Template VerJUH6 24), 2022 E 45 State of Washington Department of Ecology Page 6 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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-Public Works Department of Ecology By: By: Vincent McGowan,P.E. Date Nathan A. West Date Water Quality City Manager Program Manager Template Approved to Form by Attorney General's Office Template VerJUH6 24), 2022 E 46 State of Washington Department of Ecology Page 7 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works SCOPE OF WORK Task Number: 1 Task Cost: $26,583.65 Task Title: Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include,but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation;progress reports; the EAGL(Ecology Administration of Grants and Loans)recipient closeout report; and a two-page outcome summary report(including photos,if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements;permitting requirements, including application for,receipt of, and compliance with all required permits,licenses,easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement,quarterly progress reports,Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Template Ver jg fid)24l' 2022 E - 47 State of Washington Department of Ecology Page 8 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Recipient Task Coordinator: Vince McIntyre, P.E. Grant and Loan Administration Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished,project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report(EAGL Form) 1.3 Two-page Outcome Summary Report Template VerJUH6 24), 2022 E - 48 State of Washington Department of Ecology Page 9 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works SCOPE OF WORK Task Number: 2 Task Cost: $105,626.00 Task Title: Enhanced Source Control Program Development Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. Develop Source Control Programmatic Ordinances: 1. The RECIPIENT will conduct a gap analysis comparing existing City ordinances to the Municipal National Pollutant Discharge Elimination System (NPDES)permit requirements to determine where updates/new codes are needed. 2. The RECIPIENT will perform a peer review of other local agencies Source Control Programs (Phase 1 programs that have been approved by Ecology)to understand their approach and how it is enforced. The RECIPIENT will identify which existing ordinances could be built upon or modified. 3. The RECIPIENT will develop draft ordinances requiring the application of source control Best Management Practices (BMPs) for pollutant generating sources associated with existing land uses and activities, for City, Council and ECOLOGY review;respond to comments/update ordinances; and provide final ordinances to the RECIPIENT legal staff for final editing/formatting. B. Establish an Inventory of Businesses: Develop an inventory of publicly/privately owned institutional,commercial, and industrial sites within the City limits that have a potential to generate pollutants to the MS4 or Harbor. The RECIPIENT will: 1. Evaluate current inventory processes and consider how existing City processes could be built upon. 2. Identify Businesses: Gather business license data from locaUstate sources. 3. Identify/assemble existing records from within the City,including locations of stormwater BMPs,MS4 connections, and GIS data. 4. Map Business Locations: Map business locations in and generate a(GIS)map that identifies business locations within the MS4,with an additional layer to identify pollutant sources.Use Stormwater Pollution Prevention Program (SWPPP) documents(where available)to identify pollutants and a literature search(where data is missing)to identify pollutants associated zoning/land use. 5. Develop clear procedures for developing and maintaining the inventory in the future. 6. Finalize inventory maintenance procedures: Streamline draft process to a format that is readily repeatable by City staff this will include meeting with staff that will the process to collect their feedback and update process accordingly. Develop inventory and maintenance process. Task Goal Statement: The RECIPIENT will complete the Enhanced Source Control Program and respond to ECOLOGY comments in a timely manner. Template VerJUH6 24), 2022 E - 49 State of Washington Department of Ecology Page 10 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Task Expected Outcome: Develop source control programmatic ordinances that enhance the RECIPIENT's Source Control Program. Develop a business inventory and maintenance process to enhance the RECIPIENT's Source Control Program. Enhanced Source Control Program Development Deliverables Number Description Due Date 2.1 Gap analysis report and draft of Source Control Programmatic Ordinances. Upload to EAGL and notify ECOLOGY when upload is complete. 22 Responses to Source Control Programmatic Ordinances comments.Upload to EAGL and notify ECOLOGY when upload is complete. 2.3 ECOLOGY Source Control Programmatic Ordinances Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 2.4 Final Source Control Programmatic Ordinances. Upload to EAGL and notify Ecology when upload is complete. 2.5 Inventory of Businesses, GIS map showing locations within the MS4 and pollutants of concern. 2.6 Maintenance Plan for continued development of Inventory of Businesses. Template VerJUH6 24), 2022 E - 50 State of Washington Department of Ecology Page 11 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works SCOPE OF WORK Task Number: 3 Task Cost: $71,608.00 Task Title: Outreach and Inspection Program Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. Develop Targeted Outreach Program: The RECIPIENT will develop physical and digital outreach materials to efficiently provide information and communicate with businesses on the inventory list. These materials will be used to inform schedule inspections/re-inspections,report on inspection results, and to enforce ordinances. These materials will be compatible with the RECIPIENT's inspection data management software and can be sent out digitally via email and through a direct mailing campaign. B. Inspection Program Enhancement: 1. The RECIPIENT will perform an analysis of their current training programs and codes to identify any gaps compared to the 2019-2024 NPDES permit. 2. The RECIPIENT will develop strategies to address gaps and will define an inspection program. The RECIPIENT will use a peer review of other regional municipalities inspection programs. 3. The RECIPIENT will develop inspection strategies that meet the minimum standards set by the permit of a 20 percent inspection rate. 4. The RECIPIENT will prepare and submit a memorandum to ECOLOGY that summarizes and provides supporting documentation for Task 3.13.1-3. The RECIPIENT will provide response to ECOLOGY comments on a memorandum. C. Software Platform Selection and Initiation: 1. The RECIPIENT will select software to conduct data management and assist implementation of the Source Control program. Permit requirements and needs of the RECIPIENT will guide software selection. The software will assist in a progressive enforcement policy for sites to comply with stormwater requirements. 2. The RECIPIENT will demonstrate the functionality of the software to ECOLOGY after a year of outreach and inspection data collection. D. Source Control Program Training: 1. The RECIPIENT will develop a training program for staff who are responsible for implementing the source control program. 2. The ongoing training program shall cover the legal authority for source control, source control BMPs and their proper application,inspection protocols,lessons learned,typical cases, and enforcement procedures. 3. The RECIPIENT will develop a curriculum that can be undertaken at any point in time to provide training to RECIPIENT inspection staff and encourage adaptive management for the program. Template VerJUH6 24), 2022 E - 51 State of Washington Department of Ecology Page 12 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Task Goal Statement: Enhance Source Control Program outreach,inspection data management tools, and training. Task Expected Outcome: Improve pollution prevention for receiving waters from local business discharges to the MS4 system. Outreach and Inspection Program Deliverables Number Description Due Date 3.1 Draft Outreach Program. Submit draft outreach materials for ECOLOGY two week review.Notify ECOLOGY of EAGL upload. Respond to ECOLOGY comments if applicable. 32 Develop Enhanced Inspection Program. Provide an overview memo of the program reporting on task 3 B 1-3. Upload to EAGL and notify ECOLOGY when upload is complete. 3.3 Responses to ECOLOGY Enhanced Inspection Program comments.Upload to EAGL and notify ECOLOGY when upload is complete. 3.4 Software Platform Selection and Initiation demonstration meeting after a year of inspection data collection.Upload meeting minutes from demonstration meeting with ECOLOGY to EAGL.Notify ECOLOGY when upload is complete. 3.5 Source Control Program staff training curriculum. The RECIPIENT will upload an outline of the training curriculum as well as documentation of completion of training for staff. Template Ver jg fid)24l' 2022 E 52 State of Washington Department of Ecology Page 13 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works BUDGET Funding Distribution EG220601 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: SFAP Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2024 Funding Source: Title: SFAP- SFY22 Fund: FD Type: State Funding Source%: 100% Description: Model Toxics Control Capital Account(MTCCA) Stormwater Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match%: 15% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No SFAP Task Total Grant and Loan Administration $ 26,583.65 Enhanced Source Control Program Development $ 105,626.00 Outreach and Inspection Program $ 71,608.00 Total: $ 203,817.65 Template VerJUH6 24), 2022 E - 53 State of Washington Department of Ecology Page 14 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 15.00 % $ 30,572.65 $ 173,245.00 $ 203,817.65 Total $ 30,572.65 $ 173,245.00 $ 203,817.65 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided,the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge"means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements"means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service"for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service"means, at the time of calculation,the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition"means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include,but are not limited to,conservation easements, access/trail easements, covenants,water rights,leases, and mineral rights. "Centennial Clean Water Program"means the state program funded from various state sources. "Contract Documents"means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis"means a comparison of the relative cost-efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. "Defease"or"Defeasance"means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date"means the earliest date on which eligible costs may be incurred. "Effective Interest Rate"means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount"means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule"means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency"means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date"means the latest date on which eligible costs may be incurred. "Final Accrued Interest"means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through TemplateVerJuft0/21P, 2022 E - 54 State of Washington Department of Ecology Page 15 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount"means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule"means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal"means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt"means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt"means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue"means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund,except(1)Utility Local Improvement Districts(ULID)Assessments, (11)government grants, (111) RECIPIENT taxes, (iv)principal proceeds of bonds and other obligations,or(v)earnings or proceeds (A) from any investments in a trust,Defeasance,or escrow fund created to Defease or refund Utility obligations or(B)in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or(C)held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines"means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. "Initiation of Operation Date"means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan"means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial)Loan made pursuant to this loan agreement. "Loan Amount"means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund"means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security"means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term"means the repayment period of the loan. "Maintenance and Operation Expense"means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair,working order, and condition including payments to other parties,but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue"means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate"means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account"means, for a loan that constitutes Revenue-Secured Debt,the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project"means the project described in this agreement. "Project Completion Date"means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule"means that schedule for the project specified in the agreement. "Revenue-Secured Debt"means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account"means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement,the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. Template Verjgiid)/24), 2022 E - 55 State of Washington Department of Ecology Page 16 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works "Risk-Based Determination"means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work"means the tasks and activities constituting the project. "Section 319"means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. "Senior Lien Obligations"means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement(or subsequently issued on a parity therewith, including refunding obligations)or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)"means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date"means the effective date of ECOLOGY's termination of the agreement. "Termination Payment Date"means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost"means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding,including any required recipient match. "Total Project Cost"means the sum of all costs associated with a water quality project,including costs that are not eligible for ECOLOGY grant or loan funding. "ULID"means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments"means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund(less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility"means the sewer system, stormwater system,or the combined water and sewer system of the RECIPIENT,the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A.Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services,"have been,or shall be,met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B.Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement(and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington.Upon purchase of real property rights(both fee simple and lesser interests),the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type,the real property rights being acquired, and whether or not those rights are being acquired in perpetuity(see options below). The RECIPIENT shall use language provided by ECOLOGY,to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Template VerJuHd0/21P, 2022 E - 56 State of Washington Department of Ecology Page 17 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTS shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2.Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;therefore,the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1.Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement,the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection(1) above and/or state law set out in subsection(2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect,investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site,or 11. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed"clean." 2. Responsibility.Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend,protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability,cost(including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of,hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein)or facility acquired,developed, maintained,renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY.For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration,renovation or development project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease,easement, deed, or landowner agreement. C. Best Management Practices (BMP)Implementation: If the RECIPIENT installs BMPs that are not approved by Template VerJUH6 24), 2022 E - 57 State of Washington Department of Ecology Page 18 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works ECOLOGY prior to installation,the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation,please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: Payment will be issued 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:Hofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov. E. Equipment Purchase: Equipment purchases over$5,000 and not included in the scope of work or the Ecology approved construction plans and specifications,must be pre-approved by ECOLOGY's project manager before purchase. All equipment purchases over$5,000 and not included in a contract for work being completed on the funded project,must also be reported on the Equipment Purchase Report in EAGL. F.Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA(see Section 3.13 for Section 319 funded or Section 5.E for SRF funded projects)funding participation in this project through the use of project signs, acknowledgement in published materials,reports,the news media,websites,or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action,the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are,or shall be,consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends,completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work,reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S.Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance,proposed practices,or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1.Federal Funding Accountability and Transparency Act (FFATA)Form, available on the Water Quality Program website. (This form is used for Section 319 funds only) Template VerJUH6 24), 2022 E - 58 State of Washington Department of Ecology Page 19 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 2. "Section 319 Initial Data Reporting"form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting"form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions,the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file,the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language,RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable,provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports,documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency,nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting"form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices(BMPs)installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However,the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY,the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND(SRF) LOAN FUNDED PROJECTS ONLY. A.Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW"Local Government Accounting—Uniform System of Accounting." B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTS shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894(1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. C. Audit Requirements: In accordance with 2 CFR 200.501(a),the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://facweb.census.gov/.. D. Archaeological Resources and Historic Properties(Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act(NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration(CCR)Requirements: RECIPIENTS shall Template VeruHd0/21P, 2022 E - 59 State of Washington Department of Ecology Page 20 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110,the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM),https://www.sam.gov,is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance,40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small,Minority, and Women's Business Enterprises (MBE/WBE)40CFR,Part 33 in procurement under this agreement. Six Good Faith Efforts,40 CFR,Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction,equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1)Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTS,this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2)Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,whenever possible,posting solicitations for bids or proposals for a minimum of thirty(30)calendar days before the bid or proposal closing date. 3) Consider,in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises.For Indian Tribal, State, and Local Government RECIPIENTS,this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4)Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5)Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6)If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions,40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race,color,national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws,including but not limited to,Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq,the Americans with Disabilities Act(ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law,regulation,or policy,this agreement may be rescinded,canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall,however,be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,engineers, Template VerJukW0/21P, 2022 E - 60 State of Washington Department of Ecology Page 21 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race,color,national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List,40 CFR, Section 33.501(b) and(c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts,or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address,telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT)Accessibility: RECIPIENTS shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program,including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act,codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences,meetings,conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/to see if a property is in compliance,or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes,but is not limited to,the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND(SRF)LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1.Financial Capability Assessment Documentation 2. Opinion of RECIPIENT's Legal Council 3.Authorizing Ordinance or Resolution 4.Federal Funding Accountability and Transparency Act (FFATA)Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6.Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL(Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process(SERP)Documentation(Required for facility projects only) A.Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT(1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes,or which would cause a violation of any covenant, condition,or provision herein. Template VerJUH6 24), 2022 E - 61 State of Washington Department of Ecology Page 22 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works B.American Iron and Steel(Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a"treatment works"as defined in the Federal Water Pollution Control Act(33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings,manhole covers and other municipal castings,hydrants,tanks, flanges,pipe clamps and restraints,valves, structural steel,reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C.Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40,U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap I I.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions,the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: https:Hecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility -project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage,public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings,equipment,works,plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems,or it shall self-insure or participate in an insurance pool or pools with reserves adequate,in the reasonable judgment of the RECIPIENT,to protect it against loss. H. Litigation Authority:No litigation is now pending, or to the RECIPIENT's knowledge,threatened, seeking to restrain,or enjoin: (1) the execution of this agreement; or (11) the fixing or collection of the revenues,rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations);or (111) the levy and collection of the taxes pledged to pay the principal of and interest on the loan(for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement,the loan,or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked,or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan,unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan Templateve4uM0/21P, 2022 E - 62 State of Washington Department of Ecology Page 23 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works agreement which details the final loan amount(Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a"Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate,"per annum,calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term"as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1.Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part,contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim,or abatement of any kind. To secure the repayment of the loan from ECOLOGY,the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2.For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3.For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4.For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition,if this loan is also secured by Utility Local Improvement Districts (ULID)Assessments,this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan,the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan,it shall be required to use the proceeds thereof immediately upon their receipt,together with other available RECIPIENT funds,to repay both of the following: (1) The Loan Amount with interest (11) Any other obligations of the RECIPIENT to ECOLOGY under this agreement,unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan,the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement,the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date,whichever comes first. Thereafter,equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Template VerJUH6 24), 2022 E - 63 State of Washington Department of Ecology Page 24 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance,refinancing and advance refunding,termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan,the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest,the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding,the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient,together with other money legally available and to be used therefore,to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness:For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding,the RECIPIENT irrevocably pledges the Net Revenue of the Utility,including applicable ULID Assessments in the ULID,to pay when due the principal of and interest on the loan. Utility Local Improvement District(ULID)Assessment Collection(if used to secure the repayment of the loan):All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L.Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times,maintain and keep the funded Utility in good repair,working order, and condition. M. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT"to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees,by signing this agreement,to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out,in Template VerJUH6 24), 2022 E - 64 State of Washington Department of Ecology Page 25 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works whole or in part,with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act(33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids,proposals,quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of$2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees,by signing this agreement,to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work"and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the"General Comments"text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s)with the Department of Ecology. This includes but is not limited to: -The Davis-Bacon Act,29 CFR(If applicable) -Washington State Prevailing Wage Rate, Chapter 39.12 RCW(Pertaining to all recipients) -The Disadvantaged Business Enterprise (DBE),40 CFR,Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were,when made, and are, as of the date the RECIPIENT signs this agreement,true and correct. There is no material adverse information relating to the RECIPIENT,the project,the loan,or this agreement known to the RECIPIENT,which has not been disclosed in writing to ECOLOGY. Existence;Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute,deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan,have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell,transfer,or otherwise dispose of any of the works, plant,properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility,or have become unserviceable,inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility;or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding(defined as the total amount outstanding less the TemplateverJuft0/21, 2022 E - 65 State of Washington Department of Ecology Page 26 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY-. The proceeds of any transfer under this paragraph must be used(1)to redeem promptly,or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and(2)to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence,the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1)Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2)Prohibit inflow of stormwater into separated sewer systems. 3)Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1.For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2.For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if,in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and,when applicable,the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date,or in the event of a default event, ECOLOGY may, at its sole discretion,withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event,or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month,or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may,in its sole discretion,declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is,the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Template VerJUH6 24), 2022 E - 66 State of Washington Department of Ecology Page 27 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults,"any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion,be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion,become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents,data studies, surveys, drawings,maps,models,photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY,become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event,the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due,or to become due,or to enforce the performance and observance of any obligation by the RECIPIENT,under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement,reasonable fees and expenses of attorneys and other reasonable expenses(including,without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or 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. T.User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance,including replacement during the design life of the project. The user-charge system will include provisions for a connection charge. In addition,the RECIPIENT shall regularly evaluate the user-charge system, at least annually,to ensure the system provides adequate revenues necessary to operate and maintain the funded utility,to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION.DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred, suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal, and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact Template VerJuHdP 1P, 2022 E - 67 State of Washington Department of Ecology Page 28 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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$30,000 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 Unique Entity Identifier in www.sam.gov<http://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov/>. C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE 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 Template veru M021P, 2022 E - 68 State of Washington Department of Ecology Page 29 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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/pkg/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.gov/SAM/>exclusion list. Template VerJUH6 24), 2022 E - 69 State of Washington Department of Ecology Page 30 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications, software systems,video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take 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 VerJukW0/21P, 2022 E - 70 State of Washington Department of Ecology Page 31 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works • 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:Hofm.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 verJu kit0/21P, 2022 E - 71 State of Washington Department of Ecology Page 32 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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 VeruHd0/21P, 2022 E - 72 State of Washington Department of Ecology Page 33 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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:Hecology.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 VerJUH6 24), 2022 E - 73 State of Washington Department of Ecology Page 34 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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. MINORITYAND 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 VerJUH6 24), 2022 E - 74 State of Washington Department of Ecology Page 35 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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 VerJUH6 24), 2022 E - 75 State of Washington Department of Ecology Page 36 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template VeruHd0/21P, 2022 E - 76 State of Washington Department of Ecology Page 37 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY, at its sole discretion,may elect to terminate the Agreement, in whole or part,or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no TemplateverJukit0/21P, 2022 E - 77 State of Washington Department of Ecology Page 38 of 38 Agreement No: WQC-2022-PoAnPW-00169 Project Title: Enhanced Source Control Program Development Recipient Name: City of Port Angeles-Public Works 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 VerJUH6 24), 2022 E - 78 DEPARTMENT OF E LOGY State of Washington Agreement No. WQC-2022-PoAnPW-00164 WATER QUALITY COMBINED 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: Stormwater Management Action Plan (SMAP) Total Cost: $100,000.00 Total Eligible Cost: $100,000.00 Ecology Share: $85,000.00 Recipient Share: $15,000.00 The Effective Date of this Agreement is: 07/01/2021 The Expiration Date of this Agreement is no later than: 09/30/2023 Project Type: Stormwater Facility Project Short Description: This project will help improve water quality in Dry,Valley, Tumwater,Peabody,Ennis, and White Creeks by removing pollutants and addressing hydrologic impacts within the City of Port Angeles through the development of a stormwater management action planning(SMAP)process. The process will consist of a Receiving Water Conditions Assessment, Receiving Water Prioritization, and development of an SMAP. Project Long Description: The RECIPIENT will develop a stormwater management action plan (SMAP),that identifies and describes specific stormwater management actions to protect water quality in a high priority receiving water. Receiving waters are those waterbodies that receive stormwater runoff from the City of Port Angeles municipal stormwater system. They will follow the Stormwater Management Action Planning Guidance published by Ecology in 2019. Using the SMAP process they will emphasize protection of designated uses and improvements to receiving water quality and habitat under both existing June 21, 2022 E - 79 State of Washington Department of Ecology Page 2 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles and anticipated future development conditions. Implementation of the stormwater management actions listed in this plan will improve and protect at least one of the following local receiving waters: Dry Creek,Valley Creek,Tumwater Creek, Peabody Creek,Ennis Creek, and White Creek. All of which are salmonid bearing water bodies currently 303(d)listed by Ecology as having impairment for one or more water quality parameters. The general water quality parameters this effort will focus on improving in freshwater bodies are dissolved oxygen,bioassessment,temperature,pH,bacteria, and turbidity. The RECIPIENT will complete a Receiving Water Condition Assessment. They will compile existing information related to Port Angeles receiving waters and identify which receiving waters are most likely to benefit from stormwater management actions. For each receiving water they will delineate basins,identify the designated uses and desired water quality conditions to support those uses, assess the extent to which the desired conditions are being met, and determine if the water body is impared,or likely to become impared under future development conditions. This information will assist the RECIPIENT in the watershed prioritization process. The RECIPIENT will then develop and implement a method and process to determine which receiving waters will benefit most from stormwater facility retrofits,tailored implementation of stormwater management program actions, and other land/development management actions. This receiving water prioritization process will include the identification of high priority catchment area(s)for focus of the SMAP. The RECIPIENT will prepare a SMAP for at least one high priority catchment identified in the receiving water prioritization process. The SMAP will include,but is not limited to, stormwater facility retrofits,land management/development strategies, and implementation of stormwater management actions related to the City of Port Angeles municipal stormwater permit. The SMAP will also include a proposed implementation schedule,budget sources, and a process to adaptively manage the plan. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Template VerJUH6 24), 2022 E - 80 State of Washington Department of Ecology Page 3 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles RECIPIENT INFORMATION Organization Name: City of Port Angeles Federal Tax ID: 91-6001266 UEI Number: NBZWTT3BYB68 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 VerJUH6 24), 2022 E 81 State of Washington Department of Ecology Page 4 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Project Manager Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles,Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360)417-4701 Billing Contact Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles,Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360)417-4701 Nathan A. West Authorized City Manager Signatory 321 E. Fifth Street Port Angeles,Washington 98362 Email: nwest@cityofpa.us Phone: (360)417-4751 Template VerJUH6l/24l, 2022 E 82 State of Washington Department of Ecology Page 5 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Charlie Hohlbein Project Manager PO Box 47775 Olympia, Washington 98504-7775 Email: CHOH461@ecy.wa.gov Phone: (360)485-2474 Michelle Myers Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: mmye461@ecy.wa.gov Phone: (360)407-6564 Doug Howie Technical Senior Stormwater Engineer Advisor PO Box 47600 Olympia, Washington 98504-7600 Email: DOHO461@ecy.wa.gov Phone: (360)407-6444 Template VerJUH6 24), 2022 E 83 State of Washington Department of Ecology Page 6 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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: Vincent McGowan,P.E. Date Nathan A. West Date Water Quality City Manager Program Manager Template Approved to Form by Attorney General's Office Template VerJUH6 24), 2022 E 84 State of Washington Department of Ecology Page 7 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles SCOPE OF WORK Task Number: 1 Task Cost: $15,000.00 Task Title: Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include,but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation;progress reports; the EAGL(Ecology Administration of Grants and Loans)recipient closeout report; and a two-page outcome summary report(including photos,if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements;permitting requirements, including application for,receipt of, and compliance with all required permits,licenses,easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement,quarterly progress reports,Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Template Ver jg fid)24l' 2022 E - 85 State of Washington Department of Ecology Page 8 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Recipient Task Coordinator: Vince McIntyre Grant and Loan Administration Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished,project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report(EAGL Form) 1.3 Two-page Outcome Summary Report Template Ver jg fid)24l' 2022 E - 86 State of Washington Department of Ecology Page 9 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles SCOPE OF WORK Task Number: 2 Task Cost: $2,500.00 Task Title: Consultant Selection Task Description: The RECIPIENT shall write a scope of work and select a consultant following the City's purchasing guidelines. The RECIPIENT's process for selecting consultants for architectural, engineering, and surveying services shall be compliant with state law. A. The RECIPIENT will provide ECOLOGY with the consultant scope of work. Task Goal Statement: The RECIPIENT will select and contract consultant. Task Expected Outcome: Consultant facilitates completion City of Port Angeles Stormwater Management Action Plan (SMAP)grant deliverables. Consultant Selection Deliverables Number Description Due Date 2.1 Signed SMAP consultant contract. Upload to EAGL and notify ECOLOGY when upload is complete. Template Ver jg fid)24l' 2022 E - 87 State of Washington Department of Ecology Page 10 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles SCOPE OF WORK Task Number: 3 Task Cost: $30,000.00 Task Title: Receiving Water Conditions Assessment Task Description: The RECIPIENT will use the approach outlined in the Stormwater Management Action Planning Guidance for Phase I and Western Washington Phase II Municipal Stormwater Permits (Ecology,2019;Publication 19-10-010)to support the Receiving Water Conditions Assessment. A. The RECIPIENT will delineate receiving water basins, identify the receiving waters, and calculate the total basin size and portion of each receiving water basin within city limits. In addition to other resources, the RECIPIENT will use the latest GIS data of the municipal separate storm sewer system (MS4)to help perform this task. B. The RECIPIENT will document and assess existing information related to their local receiving waters and contributing area conditions. C. The RECIPIENT will define a method and determine the relative influence of the RECIPIENT's MS4 and land use patterns on each receiving water. The RECIPIENT may consider: MS4 relative flow contribution to receiving water, impervious surface,pollution generating impervious surface,pollution generating pervious surface, traffic volume,population density,tree canopy,lack of treatment and flow control facilities, agricultural areas, industrial areas, and residential areas. D. The RECIPIENT will assess the relative conditions of receiving waters and contributions of basins using information collected in previous steps to identify which receiving waters are most likely to benefit from stormwater management planning. The management goals described in Building Cities in the Rain(BCitR)will be considered as part of the evaluation process. E. The RECIPIENT will submit a watershed inventory table that references a map of delineated basins. The table will include receiving water name,its total watershed area, the percent of the total watershed area that is in the Perinittee's jurisdiction, and the findings of the stormwater management influence assessment for each receiving water. The table will indicate which receiving water basins are expected to have a relatively low Stormwater Management Influence for SMAP. In addition to text copy of the watershed inventory the information should be presented in GIS on-line interface. Task Goal Statement: The RECIPIENT will respond to ECOLOGY and complete Receiving Water Conditions Assessment in a timely manner. Task Expected Outcome: Receiving Water Conditions Assessment will generate a candidate list of receiving waters to be further assessed in Task 4 Receiving Water Prioritization. Template VerJUH6 24), 2022 E - 88 State of Washington Department of Ecology Page 11 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Receiving Water Conditions Assessment Deliverables Number Description Due Date 3.1 Present data layers that identify receiving waters and the associated drainage basins. Present data as an online GIS interface.Notify ECOLOGY Project Manager when the online GIS interface is published. 3.2 Draft Receiving Water Conditions Assessment that includes a watershed inventory table,referenced basin map, proposed MS4 influence method, and analysis. The watershed inventory should also be presented as an online GIS interface. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 3.3 Response to Ecology Receiving Water Conditions Assessment.Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 3.4 Ecology acceptance of Receiving Water Conditions Assessment.Upload acceptance letter to EAGL and notify Ecology Project Manager when upload is complete. 3.5 Final Receiving Water Conditions Assessment including online GIS interface. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete.Notify ECOLOGY Project Manager when the online GIS interface is updated. Template VerJUH6 24), 2022 E 89 State of Washington Department of Ecology Page 12 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles SCOPE OF WORK Task Number: 4 Task Cost: $15,000.00 Task Title: Receiving Water Prioritization Task Description: A. The RECIPIENT will prioritize the candidate list of receiving waters from Task 3 to select a subbasin or catchment area tributary to the receiving water of focus where SMAP will be applied to: 1. Implement stormwater and land management strategies that act as water quality management tools intended to conserve, protect,or restore receiving waters; 2. Take actions intended to reduce pollutant loading; and 3.Minimize hydrologic impacts from existing,expected,or proposed future development. The RECIPIENT will lead development of ranking system to assist in scoring and prioritizing the receiving waters and picking a catchment area to focus improvements. The RECIPIENT will build on the results of Task 3,which narrow down which receiving waters to prioritize through relative comparison. The BCitR and Stormwater Management Action Planning Guidance will be referenced to support development of the scoring methodology. The development of the scoring method will be documented. B. The RECIPIENT will apply the scoring methodology in Task 4A to the candidate list of receiving waters developed in Task 3. The ranking process will identify a list of high priority receiving waters and catchment area(s) for focus of the SMAP. C. The RECIPIENT will develop a public involvement process to inform the community and solicit feedback regarding the prioritized catchment area(s). A list of key internal and external stakeholders will be developed. One opportunity will be provided for stakeholders to review and comment on prioritized catchment area(s). The RECIPIENT will consider feedback from the stakeholders during the development of the SMAP in Task 5. Stakeholder feedback will be documented. D. The RECIPIENT will document the receiving water prioritization process and results in a memorandum and GIS interface. Task Goal Statement: The RECIPIENT will complete the Receiving Water Prioritization and respond to ECOLOGY and public comments in a timely manner. Task Expected Outcome: The Receiving Water Prioritization will generate a list of high priority receiving waters,high priority catchment areas(s) and comments from stakeholders to assist in the development of the SMAP. Template VerJUH6 24), 2022 E - 90 State of Washington Department of Ecology Page 13 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Receiving Water Prioritization Deliverables Number Description Due Date 4.1 Draft prioritization scoring methodology. Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 42 Response to Ecology prioritization scoring methodology comments.Upload to EAGL and notify ECOLOGY Project Manager when upload is complete. 4.3 Draft public outreach materials, including Receiving Water Prioritization on-line GIS interface,that provide the public and stakeholders with an opportunity to comment on proposed prioritized catchment area(s). Upload to EAGL and notify ECOLOGY when upload is complete. 4.4 Public outreach: collect and document stakeholder feedback, and document responsiveness to comments. Upload documentation of effort to EAGL and notify ECOLOGY when upload is complete. 4.5 Submit text document of the final receiving water prioritization process and results in a memorandum and on-line GIS interface. Template VerJUH6 24), 2022 E 91 State of Washington Department of Ecology Page 14 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles SCOPE OF WORK Task Number: 5 Task Cost: $27,500.00 Task Title: Stormwater Management Action Plan Task Description: A. Within the prioritized subbasin or catchment area(s),the RECIPIENT will describe potential Stormwater Management Actions(SMAs)consisting of structural best management practices(BMPs) and non-structural SMAs. This may include non-structural BMPs,land/development management policies and actions, and targeted stormwater management program (SWMP) actions to support improved receiving water quality. Structural SMAs could be proposed as new treatment or flow control facilities,retrofit of existing treatment or flow control facilities,or opportunities to provide additional treatment or flow control service with planned public construction projects. B. The RECIPIENT will continue the public involvement process developed in Task 4 to inform the community and solicit feedback regarding the SMAs. One opportunity will be provided for stakeholders to review and comment on the proposed SMAs. Stakeholder feedback will be documented and taken into consideration when developing the SMAP. C. The RECIPIENT will prepare a draft SMAP,including a proposed implementation schedule, short and long term goals, conceptual budget,potential funding sources, and adaptive management. D. The RECIPIENT will prepare a final SMAP that considers and incorporates ECOLOGY feedback as appropriate. Task Goal Statement: Prepare Stormwater Management Action Plan. Task Expected Outcome: Development of stormwater and land management strategies that act as water quality management tools intended to conserve, protect, or restore water quality in a selected Receiving Water. Template VerJUH6 24), 2022 E - 92 State of Washington Department of Ecology Page 15 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Stormwater Management Action Plan Deliverables Number Description Due Date 5.1 For treatment and flow control facilities,the online GIS interface will include feature layers for each facility's catchment and each facility's footprint.Facility footprint attributes will include type of facility and pollutants removed. Critical and high risk cultural resource areas should be included as layers on the GIS interface map.Notify ECOLOGY when public outreach has been initiated and the list of structural and non-structural SMAs and online GIS interface are published. 52 Collect and document stakeholder feedback, and document responsiveness to comments. Upload documentation of effort to EAGL and notify ECOLOGY when upload is complete. 5.3 Draft SMAP,including supporting narrative,proposed schedule, conceptual budget,potential funding sources, and adaptive management.Upload to EAGL and notify ECOLOGY when upload is complete. 5.4 Response to ECOLOGY SMAP comments.Upload to EAGL and notify ECOLOGY when upload is complete. 5.5 Final written SMAP,including list of SMAs for targeted areas and online GIS interface. Upload to EAGL and notify ECOLOGY when upload is complete. Template VerJUH6 24), 2022 E - 93 State of Washington Department of Ecology Page 16 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles SCOPE OF WORK Task Number: 6 Task Cost: $10,000.00 Task Title: Cultural and Environmental Reviews, and Permitting Task Description: As applicable,the RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will provide both the ECOLOGY project manager and separegister@ecy.wa.gov an initial consultation on the draft State Environmental Policy Act (SEPA)documents. B. The RECIPIENT will notify the ECOLOGY project manager,in addition to the required distribution and public notice, when SEPA documents have been issued for the official comment period,which is a minimum of 21 days. C. The RECIPIENT is responsible for application of,receipt of, and compliance with all required local, state,tribal and federal permits,licenses,easements, or property rights necessary for the project. D. The RECIPIENT will submit the documents listed below,if applicable,to ECOLOGY to initiate cultural resources review. Property acquisition and above and below ground activities proposed at any project site must be reviewed for potential affects to cultural resources. 1.The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY,using the ECOLOGY template.Any supporting materials must conform to the Department of Archeology and Historic Preservation's Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP)to ECOLOGY,using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. The IDP template may be found on the ECOLOGY website. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may include (but are not limited to)geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template VerJUH6 24), 2022 E - 94 State of Washington Department of Ecology Page 17 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Cultural and Environmental Reviews,and Permitting Deliverables Number Description Due Date 6.1 SEPA checklist,or other documentation for projects considered exempt from SEPA review.Upload to EAGL and notify ECOLOGY when upload is complete. 6.2 List of anticipated permits and environmental review documents.Upload to EAGL and notify ECOLOGY when upload is complete. 6.3 Cultural Resources Review Form,if applicable. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. ECOLOGY will upload documentation to EAGL when cultural resources is complete. 6.4 Inadvertent Discovery Plan,if applicable. Upload to EAGL and notify ECOLOGY when upload is complete. Template Ver jg fid)24l' 2022 E - 95 State of Washington Department of Ecology Page 18 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles BUDGET Funding Distribution EG220572 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: SFAP Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 09/30/2023 Funding Source: Title: SFAP- SFY22 Fund: FD Type: State Funding Source%: 100% Description: Model Toxics Control Capital Account(MTCCA) Stormwater Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match%: 15% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No SFAP Task Total Grant and Loan Administration $ 15,000.00 Consultant Selection $ 2,500.00 Receiving Water Conditions Assessment $ 30,000.00 Receiving Water Prioritization $ 15,000.00 Stormwater Management Action Plan $ 27,500.00 Cultural and Environmental Reviews, and Permitting $ 10,000.00 Total: $ 100,000.00 Template Verjgfid)24l' 2022 E 96 State of Washington Department of Ecology Page 19 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SFAP 15.00 % $ 15,000.00 $ 85,000.00 $ 100,000.00 Total $ 15,000.00 S 85,000.00 S 100,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided,the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge"means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements"means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service"for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service"means, at the time of calculation,the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition"means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include,but are not limited to,conservation easements, access/trail easements, covenants,water rights,leases, and mineral rights. "Centennial Clean Water Program"means the state program funded from various state sources. "Contract Documents"means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis"means a comparison of the relative cost-efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. "Defease"or"Defeasance"means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date"means the earliest date on which eligible costs may be incurred. "Effective Interest Rate"means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount"means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule"means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency"means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date"means the latest date on which eligible costs may be incurred. "Final Accrued Interest"means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through Template VerJukW0/21P, 2022 E - 97 State of Washington Department of Ecology Page 20 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount"means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule"means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal"means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt"means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt"means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue"means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund,except(1)Utility Local Improvement Districts(ULID)Assessments, (11)government grants, (111) RECIPIENT taxes, (iv)principal proceeds of bonds and other obligations,or(v)earnings or proceeds (A) from any investments in a trust,Defeasance,or escrow fund created to Defease or refund Utility obligations or(B)in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or(C)held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines"means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. "Initiation of Operation Date"means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan"means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial)Loan made pursuant to this loan agreement. "Loan Amount"means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund"means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security"means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term"means the repayment period of the loan. "Maintenance and Operation Expense"means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair,working order, and condition including payments to other parties,but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue"means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate"means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account"means, for a loan that constitutes Revenue-Secured Debt,the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project"means the project described in this agreement. "Project Completion Date"means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule"means that schedule for the project specified in the agreement. "Revenue-Secured Debt"means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account"means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement,the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. Template Verjgiid)/24), 2022 E - 98 State of Washington Department of Ecology Page 21 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles "Risk-Based Determination"means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work"means the tasks and activities constituting the project. "Section 319"means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. "Senior Lien Obligations"means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement(or subsequently issued on a parity therewith, including refunding obligations)or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)"means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date"means the effective date of ECOLOGY's termination of the agreement. "Termination Payment Date"means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost"means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding,including any required recipient match. "Total Project Cost"means the sum of all costs associated with a water quality project,including costs that are not eligible for ECOLOGY grant or loan funding. "ULID"means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments"means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund(less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility"means the sewer system, stormwater system,or the combined water and sewer system of the RECIPIENT,the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A.Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services,"have been,or shall be,met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B.Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement(and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington.Upon purchase of real property rights(both fee simple and lesser interests),the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type,the real property rights being acquired, and whether or not those rights are being acquired in perpetuity(see options below). The RECIPIENT shall use language provided by ECOLOGY,to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Template VerJuHd0/21P, 2022 E - 99 State of Washington Department of Ecology Page 22 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTS shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2.Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;therefore,the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1.Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement,the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection(1) above and/or state law set out in subsection(2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect,investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site,or 11. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed"clean." 2. Responsibility.Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend,protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability,cost(including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of,hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein)or facility acquired,developed, maintained,renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY.For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration,renovation or development project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease,easement, deed, or landowner agreement. C. Best Management Practices (BMP)Implementation: If the RECIPIENT installs BMPs that are not approved by Template VerJUH6 24l! 2022 E - 100 State of Washington Department of Ecology Page 23 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles ECOLOGY prior to installation,the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation,please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: Payment will be issued 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:Hofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov. E. Equipment Purchase: Equipment purchases over$5,000 and not included in the scope of work or the Ecology approved construction plans and specifications,must be pre-approved by ECOLOGY's project manager before purchase. All equipment purchases over$5,000 and not included in a contract for work being completed on the funded project,must also be reported on the Equipment Purchase Report in EAGL. F.Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA(see Section 3.13 for Section 319 funded or Section 5.E for SRF funded projects)funding participation in this project through the use of project signs, acknowledgement in published materials,reports,the news media,websites,or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action,the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are,or shall be,consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends,completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work,reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S.Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance,proposed practices,or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1.Federal Funding Accountability and Transparency Act (FFATA)Form, available on the Water Quality Program website. (This form is used for Section 319 funds only) Template VerJUH6 24), 2022 E - 101 State of Washington Department of Ecology Page 24 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles 2. "Section 319 Initial Data Reporting"form in EAGL. A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting"form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions,the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file,the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language,RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable,provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports,documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency,nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting"form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices(BMPs)installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However,the time extension cannot exceed the time limitation established in EPA's assistance agreement. In the event a time extension is requested and approved by ECOLOGY,the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND(SRF) LOAN FUNDED PROJECTS ONLY. A.Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW"Local Government Accounting—Uniform System of Accounting." B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTS shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894(1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. C. Audit Requirements: In accordance with 2 CFR 200.501(a),the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https://facweb.census.gov/.. D. Archaeological Resources and Historic Properties(Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act(NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration(CCR)Requirements: RECIPIENTS shall Template VeruHd0/21P, 2022 E - 102 State of Washington Department of Ecology Page 25 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110,the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM),https://www.sam.gov,is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance,40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small,Minority, and Women's Business Enterprises (MBE/WBE)40CFR,Part 33 in procurement under this agreement. Six Good Faith Efforts,40 CFR,Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction,equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1)Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTS,this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2)Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,whenever possible,posting solicitations for bids or proposals for a minimum of thirty(30)calendar days before the bid or proposal closing date. 3) Consider,in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises.For Indian Tribal, State, and Local Government RECIPIENTS,this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4)Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5)Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6)If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions,40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race,color,national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws,including but not limited to,Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq,the Americans with Disabilities Act(ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law,regulation,or policy,this agreement may be rescinded,canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall,however,be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,engineers, Template VerJukW0/21P, 2022 E - 103 State of Washington Department of Ecology Page 26 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race,color,national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List,40 CFR, Section 33.501(b) and(c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts,or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address,telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT)Accessibility: RECIPIENTS shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program,including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act,codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences,meetings,conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/to see if a property is in compliance,or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes,but is not limited to,the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND(SRF)LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1.Financial Capability Assessment Documentation 2. Opinion of RECIPIENT's Legal Council 3.Authorizing Ordinance or Resolution 4.Federal Funding Accountability and Transparency Act (FFATA)Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6.Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL(Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process(SERP)Documentation(Required for facility projects only) A.Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT(1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes,or which would cause a violation of any covenant, condition,or provision herein. Template VerJUH6 24), 2022 E - 104 State of Washington Department of Ecology Page 27 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles B.American Iron and Steel(Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a"treatment works"as defined in the Federal Water Pollution Control Act(33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings,manhole covers and other municipal castings,hydrants,tanks, flanges,pipe clamps and restraints,valves, structural steel,reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C.Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40,U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap I I.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions,the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: https:Hecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility -project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage,public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings,equipment,works,plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems,or it shall self-insure or participate in an insurance pool or pools with reserves adequate,in the reasonable judgment of the RECIPIENT,to protect it against loss. H. Litigation Authority:No litigation is now pending, or to the RECIPIENT's knowledge,threatened, seeking to restrain,or enjoin: (1) the execution of this agreement; or (11) the fixing or collection of the revenues,rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations);or (111) the levy and collection of the taxes pledged to pay the principal of and interest on the loan(for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement,the loan,or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked,or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan,unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan Template VeruHd0/21P, 2022 E - 105 State of Washington Department of Ecology Page 28 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles agreement which details the final loan amount(Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a"Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate,"per annum,calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term"as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1.Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part,contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim,or abatement of any kind. To secure the repayment of the loan from ECOLOGY,the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2.For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3.For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4.For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition,if this loan is also secured by Utility Local Improvement Districts (ULID)Assessments,this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan,the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan,it shall be required to use the proceeds thereof immediately upon their receipt,together with other available RECIPIENT funds,to repay both of the following: (1) The Loan Amount with interest (11) Any other obligations of the RECIPIENT to ECOLOGY under this agreement,unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan,the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement,the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date,whichever comes first. Thereafter,equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Template VerJUH6 24l! 2022 E - 106 State of Washington Department of Ecology Page 29 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance,refinancing and advance refunding,termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan,the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest,the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding,the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient,together with other money legally available and to be used therefore,to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness:For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding,the RECIPIENT irrevocably pledges the Net Revenue of the Utility,including applicable ULID Assessments in the ULID,to pay when due the principal of and interest on the loan. Utility Local Improvement District(ULID)Assessment Collection(if used to secure the repayment of the loan):All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L.Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times,maintain and keep the funded Utility in good repair,working order, and condition. M. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT"to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees,by signing this agreement,to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out,in Template VerJUH6 24l! 2022 E - 107 State of Washington Department of Ecology Page 30 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles whole or in part,with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act(33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids,proposals,quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of$2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees,by signing this agreement,to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work"and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the"General Comments"text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s)with the Department of Ecology. This includes but is not limited to: -The Davis-Bacon Act,29 CFR(If applicable) -Washington State Prevailing Wage Rate, Chapter 39.12 RCW(Pertaining to all recipients) -The Disadvantaged Business Enterprise (DBE),40 CFR,Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were,when made, and are, as of the date the RECIPIENT signs this agreement,true and correct. There is no material adverse information relating to the RECIPIENT,the project,the loan,or this agreement known to the RECIPIENT,which has not been disclosed in writing to ECOLOGY. Existence;Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute,deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan,have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell,transfer,or otherwise dispose of any of the works, plant,properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility,or have become unserviceable,inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility;or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding(defined as the total amount outstanding less the Template vertu fto/'I21, 2022 E - 108 State of Washington Department of Ecology Page 31 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY-. The proceeds of any transfer under this paragraph must be used(1)to redeem promptly,or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and(2)to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence,the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1)Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2)Prohibit inflow of stormwater into separated sewer systems. 3)Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1.For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2.For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if,in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and,when applicable,the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date,or in the event of a default event, ECOLOGY may, at its sole discretion,withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event,or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month,or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may,in its sole discretion,declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is,the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Template VerJUH6 24), 2022 E - 109 State of Washington Department of Ecology Page 32 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults,"any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion,be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY's sole discretion,become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents,data studies, surveys, drawings,maps,models,photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY,become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event,the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due,or to become due,or to enforce the performance and observance of any obligation by the RECIPIENT,under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement,reasonable fees and expenses of attorneys and other reasonable expenses(including,without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or 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. T.User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance,including replacement during the design life of the project. The user-charge system will include provisions for a connection charge. In addition,the RECIPIENT shall regularly evaluate the user-charge system, at least annually,to ensure the system provides adequate revenues necessary to operate and maintain the funded utility,to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION.DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred, suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal, and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact Template VerJuHdP 1P, 2022 E - 110 State of Washington Department of Ecology Page 33 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles 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$30,000 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 Unique Entity Identifier in www.sam.gov<http://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov<http://www.fsrs.gov/>. C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE 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 Template veru M021P, 2022 E - I I I State of Washington Department of Ecology Page 34 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: City of Port Angeles 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/pkg/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.gov/SAM/>exclusion list. Template VerJUH6 24), 2022 E - 112 State of Washington Department of Ecology Page 35 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications, software systems,video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take 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 VerJukW0/21P, 2022 E - 113 State of Washington Department of Ecology Page 36 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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:Hofm.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 VerJukW0/21P, 2022 E - 114 State of Washington Department of Ecology Page 37 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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 Verukid0/21P, 2022 E - 115 State of Washington Department of Ecology Page 38 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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:Hecology.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 VerJUH6 24), 2022 E - 116 State of Washington Department of Ecology Page 39 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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. MINORITYAND 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 VerJUH6 24), 2022 E - 117 State of Washington Department of Ecology Page 40 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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 VerJUH6 24), 2022 E - 118 State of Washington Department of Ecology Page 41 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template VeruHd0/21P, 2022 E - 119 State of Washington Department of Ecology Page 42 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY, at its sole discretion,may elect to terminate the Agreement, in whole or part,or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template VerJuk140/21P, 2022 E - 120 State of Washington Department of Ecology Page 43 of 43 Agreement No: WQC-2022-PoAnPW-00164 Project Title: Stormwater Management Action Plan(SMAP) Recipient Name: 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 VerJUH6 24), 2022 E - 121 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: June 21,2022 To: City Council From: Brian S. Smith, Chief of Police Subject: Olympic Public Safety Network(OPSN)Firewall Hardware and Software Summary: A redundant set of firewall hardware and associated software and licensing is required in order to provide a robust connection between JeffCom 9-1-1 and PenCom, as well as for all twenty-four user agencies to directly access the OPSN(Olympic Public Safety Network). Funding: This hardware and software solution will be funded out of the approved PenCom Capital Facilities Plan item PD0119—Computer Aided Dispatch.The total cost of this project is estimated at $72,840.This includes five years of SQL Server Migration Assistance (SSMA).These expenses will be reimbursed from the PenCom Capital account currently held at the County. Recommendation: Approve and authorize the purchase of FortiGate 10IF firewall hardware and software in the amount of$72,840 with Development Group,Inc. (DGI) and authorize the City Manager to execute all documents necessary to complete and administer this purchase and to make minor modifications to the documents as necessary. Background / Analysis: A redundant set of firewall hardware and associated software and licensing is required in order to provide a robust connection between JeffCom 9-1-1 and PenCom, as well as for all twenty-four user agencies to directly access the OPSN(Olympic Public Safety Network). Fortinet Devices were selected based on 4 high priority metrics: 1. Continuity with Jeffcom Firewalls which creates a common language between us for collaboration; 2. Close comparability to Cisco performance metrics but considerably less expensive; 3. Ease of use. A single manufacturer between Firewall, Core network and switching for end-points; and 4. Better central logging capability for retention, analysis and reporting. Specifications of the hardware and services offered by DGI's Fortinet system are included below: High-Availability Pair Fortigate 10IF Firewalls June 21, 2022 E - 122 F F= � � ! ULF iY! I!F •1 L�lY FMRrinmr ,e. �r 4 Y e a. . F • � � i • Y +f M. Rear-View-Dual Power Supply .. •a• . .. *rr 0 .�. ) �,'�' — 0. .� #� AINEPIF 0U! • The FortiGate 10IF combines next generation firewall and SD-WAN capabilities for mid-sized to large enterprise distributed locations. Powered by purpose-built Secure SD-WAN ASIC,FortiGate I OOF delivers optimal performance for business-critical applications along with best security effectiveness. • The Security Fabric delivers broad visibility,integrated AI-driven breach prevention, and automated operations,orchestration, and response across all Fortinet and its ecosystem deployments. It allows security to dynamically expand and adapt as more and more workloads and data are added. Security seamlessly follows and protects data,users, and applications as they move between IoT,devices, and cloud environments throughout the network. • Hardware plus 24x7 FortiCare and FortiGuard Enterprise Protection includes: 24x7 Comprehensive Support,Advanced Hardware Replacement(NBD),Firmware and General Upgrades,Enterprise Services Bundle (Application Control,IPS,AV,Botnet IP/Domain,Mobile Malware Service,Web Filtering,Antispam,FortiSandbox Cloud including Virus Outbreak and Content Disarm&Reconstruct Service, Security Rating Service,Industrial Security Service and FortiConverter service)plus term of contract High-Availability Pair FS-1024E Core Switches iiii iiiiitliiiiiiiiiti rlii##########W##� +l+Ff ###i r�a�Per�rsfr � ..•. . W aF` ���,�����T iiii iiiiitliiiiiiii#irl�i########MiY•#li l�l !!•# ■'i#• a'W!y'q{Ww �'I W� FS-1024E Rear-View-Dual Power Supply June 21, 2022 E - 123 l 4iF ***�i• 'GAU•TLAI ui H •MMM* ri•# riiiieirT' .",-h i'4 t'4] ■rirr4# •f IFRM•9Y# .w +f rsis` it#-r+�r# .tip.�e ,4,.. ■�Ly-W. r•fw��M4•AAW �k A■• WON I ii�iif• WL" i W FortiSwitch Data Center switch to deliver a secure, simple, scalable Ethernet solution with outstanding throughput,resiliency, and scalability.Virtualization and cloud computing have created dense high-bandwidth Ethernet networking requirements. FortiSwitch Data Center switches meet these challenges by providing a high-performance 10 GE and 100 GE capable switch platform,with a low total cost of ownership. Ideal for Top of Rack server or firewall aggregation applications, as well as SD- Branch network core deployments,these switches are purpose-built to meet the needs of today's bandwidth-intensive environments. High-Availability Pair FS-448E-FPOE Client Network Switch I FS-448E-FPOE Rear-view-Dual Power Supply is it # ■r ri P■ wi NY Im we im No to wr jPW NJ tk# *emote s?* & a $If* 1:14 %0 0dr -00. ;!& �r FortiSwitch448E-FPOE Layer 2/3 Forti Gate-switch controller compatible PoE+switch with 48 x GE RJ45 ports 4 x 10 GE SFP+with automatic Max 772W POE output limit In addition to physical units above,we also deploy a Licensed Forti-Analyzer VM in our Nutanix for ingesting up to 5 Gigabytes of Logging per day from the above equipment which provides an ideal Real- Time and Historical reference of the Network for Reporting and Analysis. The entire stack is under 24X7 FortiCare contract which includes: 24X7 Support,Advanced Hardware Replacement(NBD) and Firmware and General Upgrades throughout Support Contract term. Due to Fortinet's Reseller program,the reseller that registers the customer sale first with them (DGI in our case) gets their preferred pricing. We reached out for competitive quotes from Firewalls.com, AVFirewalls.com (Formally known as BlueAlly) and Right Systems, Inc (JeffCom's Vendor) however June 21, 2022 E - 124 most could not quote our entire need and those that did were in some cases several thousand dollars above the DGI quote. Funding Overview: This hardware and software solution will be funded out of the approved PenCom Capital Facilities Plan item PD0119—Computer Aided Dispatch.The total cost of this project is estimated at$72,840. This includes five years of SQL Server Migration Assistance (SSMA).These expenses will be reimbursed from the PenCom Capital account currently held at the County. June 21, 2022 E - 125 0 0 0 0 0 o 0 0 0 o in 0 in 0 C o 0 o in of c o in o 0 0 o in n co t0 fPr x fPr fPr fPr t0 rn co W w co V- x to N 0 0 0 1 T 0 in o m LLI 0) m rl o a) O co co _ m +� m o rn cl m C U) c Vn 0) Ou -O a�.i m Ul i Q O u) x E U) o Un Un . 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Ln o o _ c0 n = o f = v0' EE w v = - xm " M E QUo H Ln n /�� ^ °� 3 '� /�� o m v o E ui 2 O o� La Q E _ UVl L A !_ N A a) f06 ` o •� m '6 O W .V O a) 0 N f6 a1 E a > V 7o O X '6 U V 0 LL Q `o o_ 2 Q 0 w n v v V D a M, a LL d O m U LL Z tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , U.S, MEMO Date: June 21,2022 To: City Council From: Nathan West, City Manager Todd Weeks,Information Technology Manager Subject: Three-Year Agreement for Cisco Umbrella(OpenDNS) Services Summary: The purpose of this memo is to receive City Council approval to sign a three-year agreement for Cisco Umbrella(formerly OpenDNS) services from Port53 Technologies,Inc. In 2016—2017 the City's network infrastructure was refreshed with the Cisco Meraki line of networking equipment and since that time the City has utilized OpenDNS services on a non-paid subscription. Cisco has now acquired OpenDNS and have made giant leaps forward with DNS(Domain Name System) security. New cyber-security threats and world events lead us to employ"Defense-in-Depth"tactics, including "layer 7"protections like Cisco Umbrella(OpenDNS) Services. Funding: Funds are available in IT Software Maintenance Budget account 502-2081-518.48-02 for this purchase. The total three-year cost for this software will be$24,716.70. Recommendation: Authorize the City Manager to approve payment to Port53 Technologies,Inc.to enable three-years of the Cisco Umbrella DNS Security Advantage Software Package for 250 users; and to make minor modifications as needed. Background / Analysis: The City refreshed its network infrastructure in 2016-2017 to create securities against cyber threats. As part of this refresh OpenDNS services have been utilized to increase protection to the City by providing additional layers of security. OpenDNS was utilized by the City on a non-paid subscription and since that time Cisco Umbrella has acquired this service and has offered the City a three-year contract totaling $24,716.70 for continuation of this valuable service. The City also explored the one-year pricing option; however,the City intends to run this DNS security software for many years to follow and the three-year option provided the City with the best price per year, including a 56% discount over retail pricing. Funding Overview: Funds are available in the approved IT 2022 budget in the software maintenance account for this software licensing. June 21, 2022 E - 128 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: June 21,2022 To: City Council From: Emma Bolin, Interim Director, Community and Economic Development Subject: 2022 Lodging Tax Budget Amendment Proposal—Hurricane Ridge Winter Sports Club Summary: On June 2, 2022 the Lodging Tax Advisory Committee (LTAC)voted unanimously to award the Hurricane Ridge Winter Sports Club (HRWSC) $13,800 in order to operate a shuttle service to Hurricane Ridge in the 2022 winter seasons. In December of 2021, City Council approved the LTAC's recommendation to award the HRWSC $20,000 for the 2022 Budget year. HRWSC has requested reimbursement of expenses in excess of the 2022 award and to cover the beginning of the Winter 2022-2023 season expenses in December. Funding: The annual budget projection provided by the Finance Department is based upon best available revenue information for the current year(the state provides revenue info with a 2-month latency). The actual calendar year revenue January to December is much higher.Therefore,there is an excess reserve balance of$604,020 at the end of 2021. The City Council approved 2022 budget is $701,400(Attachment 1) and actual revenue is$1,009,840.82. Recommendation: Accept the recommendation of the LTAC to approve an amendment to the 2022 Lodging Tax(LTAX)Budget in the amount of$13,800 to award the HRWSC funds in order to operate a shuttle service to Hurricane Ridge in the winter season. Background / Analysis: At the November 11,2021 LTAC meeting a recommendation was approved unanimously by the Committee to award the Hurricane Ridge Winter Sports Club(HRWSC)with any additional funds that went unspent in 2021 in order to cover the cost of the operation of a shuttle bus for travelers to more easily access the Hurricane Ridge Ski Resort. A contract amendment was executed but the HRWSC did not provide a proper invoice for the shuttle operation prior to the 2021 budget year lapse. In December of 2021, City Council approved the LTAC's recommendation to award the HRWSC $20,000 for the 2022 Budget year. HRWSC provided an invoice on April 10,2022 for reimbursement of 2022 operations expenses totaling $42,797.63 in gross operational payroll costs which fully expended the 2022 grant award. On April 24,2022,HRWSC Board Member Jerry Oakes submitted a request to consider the reimbursement of expenses related to the 2021-2022 and beginning of the 2022-2023 winter season shuttle service to Hurricane Ridge in the amount of$13,793. This request includes service provided by the Black Ball Ferry Line shuttle already provided in the 2022 season(January—March)in the amount of$7,492.50. It also includes anticipated service at the beginning of the 2022-2023 season. The Club plans to expand the service to Saturdays and Sundays, for a total of 9 more days of operation in 2022,weather permitting. This request would increase the total grant award amount in 2022 to $33,800 and would require a budget amendment of$13,800. June 21, 2022 E - 129 Funding: The annual budget projection provided by the Finance Department is based upon best available revenue information for the current year(the state provides revenue info with a 2-month latency). Consideration is also based on the budgets of the previous five years as well as other economic factors that may impact travel.The City Council approved 2022 budget is$701,400(See Attachment 1). The actual revenue generated by Lodging Tax in Port Angeles in 2021 based upon information provided by the Washington State Department of Revenue (DOR)is $997,793.06 (See Attachment 2).This figure is actually revenue generated November 2020 to October 2021 due to the DOR latency. The actual calendar year revenue (January to December 2021)is $1,009,840.82. The City records actual calendar year in the system each year to demonstrate actual collection in each appropriate month rather than collection on a two-month delay. This resulted in approximately$604,200 in excess reserve balance at the end of 2021. Attachments: 1. 2022 Lodging Tax Council Approved Budget 2. February 2022 Room Tax Report 3. June 2,2022 Draft LTAC Minutes June 21, 2022 E - 130 2O22 Lodging Tax Budget Attachment 1 2022 Budget YTD Balance Notes Revenues Lodging Tax Revenue(31-00) 698,200 91,342 606,858 Investment Interest(11-00) 3,200 2,160 1,040 Total Revenues 701,400 93,502 607,898 2022 Budget YTD Balance Notes Expenditures Professional Services(41-50) 495,800 397,674 98,126 See List Below of Line Item Expenditures Utility Services(47-10) 1,500 41 1,459 Fixed Operating Cost Dues&Memberships(49-01) 500 - 500 Fixed Operating Cost Transfer to Capital(59-91) 111,000 - 111,000 See List Below of Line Item Expenditures Debt Service(59-92) 19,600 8,169 11,431 Fixed Operating Cost;Debt will be paid off in 2026 Admin Services(Staff Time)(59-94) 38,000 15,831 22,169 Fixed Operating Cost 666,400 421,714 244,686 Transfer to Captial Reserves 35,000 - 35,000 Transfer occurs at yearend. Total Expenditures 701,400 421,714 279,686 Cash Balances YTD Notes Cash Balance 716,782.00 Estimated(unaudited amount) Less Reserved Cash (88,578.45) Reserved for Capital Projects;includes$35,000 for 2022 Less 25%Fund Balance (166,600) 25%of Expenditures for Fund Balance Reserves per Financial Policies Cash Available 461,604 Marketing(Professional Services 41-50) Vendor/Service Budget YTD Balance Notes Olympic Peninsula Tourism Commission 30,000 15,227 14,773 Destination Marketing Services 145,350 44,941 100,409 Includes$19,926 from Capital Facilities remainder& Marketing 55,026 Community Priorities$35,100(5%) Total Marketing 230,376 60,168 100,409 Operations(Professional Services 41-50) Vendor/Service Budget YTD Balance Notes Hurricane Ridge Winter Sports Club 20,000 20,000 - Juan De Fuca Festival for the Arts 10,000 - 10,000 5-Year Contract with Chamber of Commerce approved PARCC Visitor's Center 117,324 23,217 94,107 1114121.(2022-2027) Youth Basketball Tournaments 45,000 - 45,000 Event Grant 84,200 2,000 82,200 See Below for list of approved events. Total Operations 276,524 45,217 231,307 Total Professional Services(41-50) 506,900 105,386 331,716 Approved Events Grants(Paid from Professional Services Above) Vendor/Event Budget YTD Balance Notes Big Hurt/Little Hurt 3,500 3,500 Dungeness Crab&Seafood Festival 4,000 4,000 Extreme Cyclocross PA-Weekend 1 4,000 4,000 Extreme Cyclocross PA-Weekend 2 4,000 4,000 Frosty Moss Relay 2,000 2,000 - Jazz in the Olympics 10,000 10,000 Juan De Fuca Festival of Arts 4,700 4,700 North Olympic Discovery Marathon 4,000 4,000 NW Cup Downhill Series-Round 1 5,000 5,000 NW Cup Downhill Series-Round 2 5,000 5,000 Olympic Adventure Trail Run 1,000 1,000 Pacific Northwest Fiber Exposition 8,000 8,000 Port Angeles Maritime Festival 5,000 5,000 Run the Peninsula-Elwha River Bridge Run 4,000 4,000 USA BMX Gold Cup Finals 10,000 10,000 Wintertide Annual Celebration of Light&Art 10,000 10,000 Total Events 84,200 2,000 82,200 Capital Projects(59-91) Project Budget YTD Balance Notes Downtown Activity Center 30,000 - 30,000 Volunteer Park Turf Replacement 60,000 - 60,000 Miscelleneous 21,000 - 21,000 111,000 - 111,000 Original 2022 Budget PK0418-Civic Field Upgrades 11,000 - 11,000 Transfer funds to 310 Fund TR0909-Wayfinding 100,000 - 100,000 Transfer fund to 312 Fund Total Capital Projects 111,000.00 - 111,000 June 21, 2022 E - 131 vo o vo o v, vo o vo o vo o vo 0 N m v m W W W r W M o m R O R W W A O O I W W N m O N W N G1 N L N In t m N M M r M N N L M L L W L W L V W N T£ ()m m u (�N () m () M uM um(p `v 0cp O W R 4) R 'L W U M(p m N W M m O O r(p W m N m O W O r m V(O V N r(p m M M 1p 1p M M r N 1p W O m V W O(p M i!l In m V N m W W O N r M 1p N W M r V 1p M r O m O m M W O ml O-m m W-q v }I t M m W O O W t r N N m L N N V m O(p O Z M M r 1p L O(pp (p M O L W N m N W(p L(O M O N r Q ()m M ()N N N u N N u N N () M M u W M u V O m V N m r(O N N O M r m V V(O m W(O.W V N W V 1 r(O O W(O W(O O(O O(O(O(O m 0 O W O W(O(O O M N N O N W m r-fop r O m W(O N O RNN(O M O W M N(O m V V N "W m(p m m m N r N W.M.W.M 0 m (p O M r r N N V N r M V O W p v W m m N V N(O N Q m m v o W F h W N MN mm or V(O WMr r(rO WNr Wr F C(O rM(p Vr(O OM(O mNv WC6v rNv OmO F cMc (mO m(mp mNN mMN mMN NN F(ONO rN(p(Op(Np mN V(O F Nmm V Vv WW r(O m mN mO F P.: (O N�(WO M(O CW v F Hm m m m N mOOOrOW OVO O. 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Member at Large Non-Voting Members:Roselyn Mangohig Members Absent: Allisa Imming and Darlene Clemens. Staff Present: Clerk Kari Martinez-Bailey,Ben Braudrick,Emma Bolin and Melody Schneider PUBLIC COMMENT Tommy Farris shared he would be able to speak to the Hurricane Shuttle on behalf of the Hurricane Ridge Winter Sports Club should anyone have questions. ACTION ITEMS 1. Olympic Peninsula Tourism Commission and Lulish Presentation and Updates Marsh Massey shared information on 2021 State Tourism statistics and various ad campaign updates. Her overview provided information on the values of local tourism and included estimated revenues. Lynnette Braillard of Lulish Design,LLC provided presentations on destination marketing strategies and statistics and provided current travel trends despite current challenges. 2. 2022 Lodging Tax Budget Amendment Committee discussion followed on a budget amendment for Hurricane Ridge Winter Sports Club and the redistribution of withdrawn event grant funding. Tommy Farris provided the Committee with ridership info. It was moved by Rubin and seconded by Massey to: Approve the grant amendment request by the Hurricane Ridge Winter Sports Club in the amount of$13,800 to include approval of an amendment to the 2022 budget to use Lodging Tax fund excess reserves to the City Council. Chair French asked if there was unanimous consent,hearing no opposition,the motion carried 4-0. Beth Whitters spoke about the upcoming Pacific Northwest Fiber Exposition. It was moved by French and seconded by Massey to: After the original motion was amended,the final motion to redistribute the available$5,000 to events that were already funded in 2022,but whose award was a reduction of their original request. The Committee approved the awards in the following amounts: • Adjust the award to Dungeness Crab and Seafood Festival from$4,000 to$4,900 • Adjust the award to North Olympic Discovery Marathon to$4,000 to $4,900 • Adjust the award to Pacific Northwest Fiber Exposition from$8,000 to$10,000 • Adjust the award to Olympic Trail Run from$1,000 to $2000 • Adjust the award to Juan de Fuca Festival for the Arts from$4,000 to $4,900 Chair French asked if there was unanimous consent,hearing no opposition,the motion carried 4-0. Committee discussion followed. STAFF UPDATES Acting Community and Economic Development Director Emma Bolin provided an update on her departure to the City of Port Townsend,Field Hall,Anian Shores and Lower Elwha Hotel updates. June 21, 2022 E - 134 Attachment 3 Associate Planner Braudrick spoke about bike mapping,marketing opportunities,and funding for City projects. ADJOURNMENT Chair French adjourned the meeting at time 5:00 p.m. Mike French,Chair Kari Martinez-Bailey,Clerk June 21, 2022 E - 135 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: June 21,2022 To: City Council From: Brian S. Smith, Chief of Police Subject: Stancil Recorder Refresh Summary: Stancil is our current vendor that supplies us with a logging recorder for phones, 9-1-1 calls, radio traffic and screen shots of our computer aided dispatch(CAD) system. Our current system is past its lifecycle and is in need of a software/hardware refresh. Funding: This software/hardware refresh is a new project proposed in the 2023—2028 Capital Facilities Plan under project PD0222—PenCom Radio/Phone Traffic Recording with a budget of$31,500.The City receives a 60%discount from this vendor as this is a current product refresh and not a new purchase and as a result estimated total costs to the City are $28,985.60. There is budget available for this expense the PenCom capital fund. Recommendation: Approve and authorize the software/hardware refresh of the City's CAD system with Stancil in the amount of$28,985.60 and authorize the City Manager to sign all documents necessary to perform this refresh and make minor modifications as necessary subject to approval of the 2023 —2028 Capital Facilities Plan. Background / Analysis: State law requires that all radio traffic and emergency phone lines going in and out of the Public Safety Answering Point (PSAP) be recorded and those recordings kept in accordance with WA State guidelines for records retention. Stancil has been our vendor for the past several refreshes and upgrades. We intend to utilize the same company for this current refresh (versus replacing the system with a new vendor). It is understood that a refresh is normally required within a 5-7 year range and we are well outside of that range. This hardware/software package allows us to record all incoming and outgoing radio/phone traffic and allows us to also follow computer screen key stroke and digital recording of each 9-1-1 call including how it is put into our CAD system in real time. Funding Overview: This project is proposed in the 2023-2028 Capital Facilities Plan under project PD0222 -PenCom Radio/Phone Traffic Recording with a budget of$31,500 that will be reimbursed from the PenCom capital fund currently held at the County. 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Additionally, some minor updates and clarifications to stormwater and stormwater-related code are also being proposed. Funding: A new annual Stormwater Program Charge is being proposed in this code update to offset the calculated costs the City will incur by implementing permit required inspection-based stormwater programs. Additionally, a stormwater operations and maintenance inspection fee is proposed to ensure general stormwater fees are no longer subsidizing inspection costs for entities who are required to receive this inspection. In both cases,these charges will only apply to businesses or sites mandated to participate in these programs. Recommendation: 1) Open the public hearing and conduct the first reading of the ordinance making changes to municipal codes: 3.70.110, 13.62.100,and 13.63; and,2) Continue to the July 5t'',2022 meeting for a second reading and adoption. Background / Analysis: Ecology's current 2019-2024 Phase II Municipal Stormwater Permit(Permit) mandates the City develop and implement an inspection-based Source Control Program for existing development to prevent and reduce pollutants in runoff from areas that discharge to the City's municipal separate storm sewer system (MS4).Updates to municipal code are necessary to create a foundation for the new inspection-based regulatory program and are required by the Phase II Permit to be adopted and in-effect no later than August 1,2022. The Source Control Program will primarily consist of a City representative coordinating inspections of local businesses with business owners to evaluate their site and the activities routinely being performed thereon against current standards and best management practices for pollutant control and pollution prevention. These inspections will be documented,tracked, and reported to Ecology annually in the City's end of year report. In Appendix 8 of the Permit,Ecology lists general types of businesses that categorically have a"potential to pollute"and are therefore to be included in the program. The City is putting together an inventory of local businesses that meet Ecology's criteria and,in the coming months, will be sending out notices to these businesses providing necessary notice and information. Starting January I't,2023,the City will need to begin annually inspecting 20% of the businesses on the source control inventory list,in order to maintain Permit compliance with Ecology. The City retained a consultant, Osborn Consulting,Inc. in 2020 to assist the City in meeting this Permit goal along with other required expansions to the City's stormwater program. The Consultant performed a gap analysis of existing code and put together a matrix of Source Control code from other nearby Phase I and Phase II municipalities for comparison.Using the matrix,the City and the Consultant worked to incorporate the new program into Port Angeles Municipal Code. The draft ordinance has undergone a City interdepartmental review, SEPA review,Utility Advisory Committee (UAC)review and a comment June 21, 2022 F - 1 period for the Public. Comments were consolidated and incorporated into the draft being presented today to City Council. The following is a list of the ordinance sections included in this effort with a quick summary statement of the proposed updates: • PANIC 3.70.110:Public Works and Utilities Dept. Fees and Deposits Update Public Works hourly plan review and inspection fee to current costs. • PANIC 13.62.100: Min. Size forSide Sewer in Private PropeM Eliminate erroneous reference to Stormwater"downspouts"from sanitary sewer section of code. • PANIC 13.63: Stormwater Utility and Regulations Add a new section of code: 13.63.275 Source Control for Existing Development along with other sections of code supporting the new program. Add new Stormwater Program Charge PANIC 13.63.095 Update references to governing documents. Other Misc.: add definitions,revise language,correct grammar&punctuation, increase clarity,etc. Funding Overview: A new Stormwater Program Charge is being proposed in PANIC 13.63.095 to accommodate the expansions to the City's Stormwater program as required by Ecology's 2019-2024 Phase II Permit. Below two annual charges are detailed. The first charge applies to the Stormwater source control program for those that are required by Ecology to participate.The second charge relates to the existing operations and maintenance program as defined by current municipal code.It will apply only to those businesses or sites that are included in Stormwater programs requiring routine inspections,tracking, and reporting to Ecology: • The Source Control Program for Existing Development has a proposed program charge of $140.00 per year. • The Operations and Maintenance (O&M)Program for Private Stormwater Facilities has a proposed program charge of$225.00 per year. This will equate to approximately$75,000.00 being generated annually and will be applied to actual expenses the City incurs to implement the Stormwater inspection-based programs. The programs above have different inspection frequencies and demands that were used to calculate their individual annual charge. June 21, 2022 F - 2 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 3.70 of the Port Angeles Municipal Code as follows. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3085 and Chapter 3.70 of the Port Angeles Municipal Code are hereby amended by amending the following sections to read as follows: CHAPTER 3.70 -FEES 3.70.110 Public Works and Utilities Department fees and deposits. A. The fee for a permit for construction or excavation work in the City right-of-way, as required by PAMC 11.08, shall be as follows: 1. Curb and gutter removal and/or replacement$180.00 2. Driveway installation$180.00 3. All other work$150.00 4. Street/alley pavement cut-with traffic control $15.00 per square foot with a$1,000.00 minimum fee. 5. Street/alley pavement cut-without traffic control $13.00 per square foot with a$800.00 minimum fee. B. Right-of-way use permit fees. The application fees for a right-of-way use permit and for a renewal of such permit, when required by PAMC 11.12.120, shall be as follows: 1. Benches$40.00 2. Litter receptacles$40.00 3. Bicycle racks$40.00 4. Private planters$40.00 Page 1 June 21, 2022 F - 3 5. Landscaping higher than 30 inches$40.00 6. "A" frame signs$40.00 7. Exhibitions sponsored by or promoted by civic, charitable or other non-profit organization No Charge 8. Sidewalk cafes$75.00 9. All other exhibitions$75.00 10. Activities not specifically mentioned$75.00 11. Ramps, steps, or any similar installation$140.00 12. Fences$140.00 13. Retaining walls$215.00 14. Rockeries$215.00 15. The application fee for a temporary street use permit shall be$75.00 16. The application fee for a permit for obstruction of unopened streets shall be $215.00 per year. 17. The application fee for utility pole and street light standard attachments shall be$75.00 C. Move permit fees. The fee schedule for building move permits shall be as follows: 1. Relocate a building on the same lot or parcel (without use of public right-of-way)$40.00 2. Move building from inside City limits to outside City limits$140.00 3. Move building from one City lot to another City lot(use City right-of-way)$140.00 4. Move building from outside City limits to inside City limits$140.00 5. Inspection fee $55.00 $90.00/hr. D. Plan review and permit fees for grading,filling, clearing and drainage activities: 1. Grading and filling. The permit fee for grading and filling activities shall be as follows: Estimated volume of grading and fill Fee 250 cubic yards or less and less than four feet of cut $40.00 or fill 251 to 1,000 cubic yards $75.00 1,001 to 10,000 cubic yards or more $110.00 plus $15.00 for each additional 10,000 cubic yards or fraction thereof. Additional plan review required for changes, additions or revisions to the approved plans shall be at the rate of$55.00 $90.00 per hour,provided that the minimum charge shall be $55.00 $90.00. The hourly cost to the City shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Page 2 June 21, 2022 F - 4 2. Clearing and drainage. The permit fee shall be as follows: Estimated area of clearing Fee Less than one acre $40.00 One acre to five acres $75.00 Over rive acres $15.00/acre Additional plan review required for changes, additions or revisions to the approved plans shall be at the rate of$55.00 $90.00 per hour or the total hourly cost to the City, whichever is the greatest,provided that the minimum charge shall be $55.00 $90.00. The hourly cost to the City shall include supervision, overhead, equipment, hourly wages, and benefits of the employees involved. E. Construction and stormwater inspection. 1. Inspections during normal business hours, per hours 00 $90.00 2. Inspections outside normal business hours (the minimum charge shall be two hours),per hour $55.00$90.00. F. Industrial wastewater pretreatment fees. 1. Fees for monitoring, inspections and surveillance procedures: actual cost incurred by the City to perform the service. 2. Wastewater discharge permits for industrial users (Ns). The permit duration is up to five years. At the time of issuance of permit, the permittee may elect to pay the entire fee at the time of issuance, or may pay in monthly installments: Five-year permit fee$2,160.00 ..... (monthly installment schedule of$36.00/month) 3. Fees for flows that exceed the permitted concentrations: High strength surcharge fees: BOD $0.79/1,000 gallons with concentration greater than 400 mg/L TSS $0.36/1,000 gallons with concentration greater than 400 mg/L 4. Fee for IU permit transfer$420.00 5. Fee for IU permit modification initiated by user$420.00 6. Fee for waste (septic, occasional, or other) hauler discharge permit: One yearl50.00 7. Volume fee: The monthly charge shall be as follows: Septic waste,per gallon$0.12 Other waste,per gallon$0.05 Leachate,per gallon$0.02 Page 3 June 21, 2022 F - 5 8. Other charges as the City may deem necessary to carry out the requirements of Chapter 13.06 PAMC: actual cost incurred by the City to perform the service. 9. In lieu of the fees prescribed in paragraphs 6. and 7. above, the City Manager may enter into a contract with a septic hauler or leachate discharger for fees to be paid on terms and conditions established by the contract; provided that such contract must be for a term of at least one year and that the method used to establish the fees set in the contract is fair and reasonable. G. Water service connection fees. 1. The new residential water service connection fee, including the meter and all applicable taxes, shall be: Service Meter Service Connection Fee Size 1" s/s" $1,280.00 1" 3/4" $1,280.00 1" I 1" 1 $1,390.00 The new residential water service connection fee to drop-in a meter when the service connection is not provided by the City shall be $420.00, which includes all applicable taxes. 2. The new commercial/industrial water service connection fee, including the meter and all applicable taxes, shall be: Service Meter Service Connection Fee Size 1" 1" $1,710.00 1'/2" 1'/2" $3,565.00, or the City's cost, 2" 2" whichever is greater 3" 6" 3 $5,800.00, or the City's cost, 6" fire rated whichever is greater 3. The fee for special or emergency connects or disconnects shall be $70.00 during regular working hours and $130.00 outside of regular working hours. 4. The water quality test fee required under PAMC 13.36.080 shall be $70.00 plus the cost of the laboratory tests. 5. Installation and removal of a temporary service shall be as follows: 2009$100.00 2010$150.00 2011$200.00 6. Installation and removal of a temporary fire hydrant meter shall be as follows: 2009$150.00 Page 4 June 21, 2022 F - 6 2010$300.00 2011$450.00 H. The fee for a permit for sewer connection shall be as follows: 1. Single-family houses: $150.00, which includes all applicable taxes. 2. Multiple family dwellings, including duplexes, apartment buildings, trailer and auto courts, motels, and similar structures: $135.00 for the first dwelling unit and $10.00 for each additional dwelling unit. 3. All other structures, including, but not limited to, hotels, apartment hotels, office buildings, stores, churches, schools, hospitals, buildings accessory thereto, and industrial/commercial structures of any kind and additions thereto: One-half cent per gross square foot of area occupied by all floors of such structure for the first 100,000 square feet (exclusive of areas devoted to single-family dwelling houses for multiple dwelling structures); and one-quarter cent per gross square foot for the remaining footage in excess of 100,000 square feet. In addition thereto, $10.00 for each single-family or multiple dwelling unit combined therewith; with a minimum fee of$135.00 and a maximum fee of$1,500.00. 4. The fee for additional direct connections to a public sewer shall be the same as for an initial connection. 5. The fee for a reconnection to a public sewer using an existing side sewer shall be the same as for an initial connection. I. The fee for alteration or repair to existing side sewers installed and accepted under a previous permit, other than normal clean-out or root cutting for which no permit is required, shall be as follows: 1. Any repair of a side sewer$40.00 2. The fee for capping side sewers shall be $300.00 and all work performed to cap the side sewer shall be accomplished by the Department. J. The fee for storm drain connections shall be as follows: 1. Installation of catch basins or similar interceptors$5 5.00 2. All connections other than for a catch basin$135.00 K. The fees for various underground utility work performed by the Department shall be as follows: 1. Tapping sewer or storm drain main lines to install a tee or wye$180.00 2. Hot tap water main: Tap 2" on 6" or 8" main:$645.00 Tap 4" on 6" main:$970.00 Tap 4" on 8" main:$1,075.00 Tap 6" on 6" main:$1,020.00 Page 5 June 21, 2022 F - 7 Tap 6" on 8" main:$1,020.00 Tap 8" on 8" main:$1,345.00 Tap 8" on 10" main: fee based on actual time and material costs incurred by the City. 3. Tapping sanitary or storm manhole$405.00 4. The installation of a fire hydrant, including the Department's cost of all materials and instal I ati on$3,470.00 All work to install the tap shall be performed by the Department. All excavation of trench, exposure of the main, trench backfill, thrust blocking, and site restoration shall be provided by the applicant. L. In addition to the water, sewer or storm drain fees required under this section, any person receiving a water, sewer or storm drain connection shall pay to the City of Port Angeles the actual cost incurred by the City in the restoration of any street, alley, curb, sidewalk, utility or other structure of the City of Port Angeles, which is in any way altered or damaged as a result of construction pursuant to a sewer or storm drain connection permit. M. Whenever an application for a developer reimbursement agreement is submitted, it shall be accompanied by a non-refundable flat fee of$1,500.00 in order to cover the City's expenses in processing the application. N. Right-of-way license, master permit or facilities lease - application and review fee. 1. Any applicant for an initial,renewal or transfer of a right-of-way license, master permit or facilities lease pursuant to Chapter 11.14 PANIC shall make an initial deposit with the City, of one-half of one percent of the estimated cost of the applicant's proposed facilities, as certified by the applicant, up to a maximum of$5,000.00. The minimum deposit shall be $500.00. 2. The deposit shall be made as part of the application filed pursuant to Chapter 11.14 PAMC and shall be used to reimburse the City for its costs to process the application, up to the amount of the applicant's deposit. The City may, as expenses are incurred, draw upon the deposit to recover its actual administrative expenses that are directly related to receiving and approving an application for a right-of-way license, master permit or facilities lease, to inspecting plans and construction, and to the preparation of necessary studies or reports, such as a detailed statement pursuant to Chapter 43.21C RCW, including, but not limited to, the reasonable cost of outside consultants retained or required by the City related to the City's consideration and processing of a master permit, right-of-way license, or facilities lease. 3. The Public Works and Utilities Director or designee, at any time, may require the applicant to deposit additional sums if it appears that the initial deposit or subsequent deposits will be exhausted prior to the final action by the City relating to the consideration by the City of an application for issuance, renewal, transfer or modification of a master permit, right-of-way license, or facilities lease. The applicant will not be entitled to further consideration by the City of its requested action until such time as the additional deposit required by the Director has been deposited with the City. Page 6 June 21, 2022 F - 8 4. In the event the amount of the actual deposit of an applicant is in excess of the amount of the administrative expenses of the City related to the action requested, then the applicant shall be entitled to a return of any such excess amount. 5. An applicant whose right-of-way license, master permit or facilities lease application has been withdrawn, abandoned or denied shall, within 60 days of its written request, be refunded the balance of its deposit under this section, less: (a) $50.00 non-refundable filing charge; and (b) All other ascertainable costs and expenses incurred by the City in connection with the application. O. Electric utility fees. 1. Electrical workpermits and fees. The fees for residential electrical inspections performed by the City, including all applicable taxes, shall be as follows: a. Service/feeder 200 amp.$120.00 b. Service/feeder 201--400 amp.$146.00 C. Service/feeder 401600 amp.$205.00 d. Service/feeder 6011,000 amp.$262.00 e. Service/feeder over 1,000 amp.$373.00 f. Branch circuit with service feeder$5.00 g. Branch circuit without service feeder$63.00 h. Each additional branch circuit$5.00 i. Temporary service/feeder 200 amp.$93.00 j. Temporary service/feeder 201—A00 amp.$110.00 k. Temporary service/feeder 401600 amp.$149.00 1. Temporary service/feeder 6011000 amp.$168.00 In. Hourly inspection fee $96.00 as authorized by the Public Works and Utilities Director. n. Signal circuit/limited energy-1 and 2 family dwellings$64.00 o. Signal circuit/limited energy-multi-family dwellings$64.00 p. Manufactured home connection$120.00 q. Renewable electrical energy-5 KVA system or less$102.00 r. Single and multi-family dwellings first 1,300 square feet$120.00 S. Each additional 500 square feet or portion of single or multi-family dwelling$40.00 t. Each outbuilding or detached garage$74.00 U. Each swimming pool or hot tub$110.00 V. Low-voltage thermostat $56.00, each additional low voltage thermostat$5.00 Page 7 June 21, 2022 F - 9 W. City lockbox for access to electric meter$185.00 X. Each additional inspection or site visit required as a result of an enforcement issue or safety violation$56.00 y. Requests by property owners to inspect existing installations$110.00 Z. Addition of up to four circuits$75.00 2. Electrical workpermits. The fees for non-residential electrical inspections performed by the City, including all applicable taxes, shall be as follows: a. Service/feeder 200 amp.$132.00 b. Service/feeder 201--400 amp.$160.00 C. Service/feeder 401600 amp.$225.00 d. Service/feeder 6011,000 amp.$288.00 e. Service/feeder over 1,000 amp.$410.00 f. Branch circuit with service feeder$5.00 g. Branch circuit without service feeder$74.00 h. Each additional branch circuit$5.00 i. Temporary service/feeder 200 amp.$102.00 j. Temporary service/feeder 201—A00 amp.$121.00 k. Temporary service/feeder 401600 amp.$164.00 1. Temporary service/feeder 6011000 amp.$185.00 M. Hourly inspection fee$96.00 n. Sign/outline lighting$88.00 o. Signal circuit/limited energy-commercial first 1,500 square feet$96.00 p. Each additional 1,500 square feet or portion of commercial$5.00 q. Renewable electrical energy-5 KVA system or less$113.00 r. Each swimming pool or hot tub$121.00 S. Low-voltage thermostat $56.00, each additional low voltage thermostat$5.00 t. Each carnival ride and generator truck$28.00 U. Each remote distribution equipment, concerts or gaming show$9.00 V. First field inspection each year or a single concession or ride, not part of a carnival$121.00 W. Subsequent inspection of a single concession or ride, not part of a camival$81.00 X. Berth at a marina or dock$81.00 y. Each additional berth inspected at the same time$54.00 Page 8 June 21, 2022 F - 10 Z. Industrial block permit$2,309.00 aa. Each additional inspection or site visit required as a result of an enforcement issue or safety violation$56.00 bb. City lockbox for access to electric meter$185.00 cc. Requests by property owners to inspect existing installations$121.00 dd. Addition of up to four circuits$86.00 3. Pole attachment rate. The pole attachment rate shall be $15.85 per contract, which includes all taxes. 4. Connects/disconnects. The fee for special emergency connects or disconnects shall be $80.00 during regular hours and $140.00 outside of regular hours. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's errors/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 — Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of this Ordinance, or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 4 — Effective Date. This Ordinance exercises authority granted exclusively to the City Council and is not subject to referendum. It shall be in force and take effect 5 (five) days after publication according to law. Page 9 June 21, 2022 F - 11 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 2022. Kate Dexter, Mayor ATTEST: APPROVED AS TO FORM: Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney PUBLISHED: By Summary Page 10 June 21, 2022 F - 12 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 13.62 and Chapter 13.63 of the Port Angeles Municipal Code relating to stormwater-utility and regulations. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2394 as amended, and Chapter 13.62 of the Port Angeles Municipal Code relating to stormwater-connections and extensions are hereby amended by amending section 13.62.100 of Chapter 13.62 as follows: CHAPTER 13.62 -- CONNECTIONS AND EXTENSIONS 13.62.100 Minimun size for side sewer in private property. Any one single family dwelling shall be connected with not less than four-inch diameter pipe on private property; provided that where a dual connection of two single family dwellings, or a multiple dwelling or commercial building with a single family dwelling is permitted by the Director, such connection shall be made with not less than six-inch diameter pipe below the point of dual connection. Any multiple dwelling, industrial or commercial building shall be connected with not less than six-inch diameter pipe on private property; provided, with the permission of the Director, t4roo or-less two ineh,a^..nspo„ s ^r one motel unit may be connected with four-inch diameter pipe on private property. Section 2. Ordinance 3367 as amended, and Chapter 13.63 of the Port Angeles Municipal Code relating to stormwater-utility and regulations are hereby amended by amending sections of Chapter 13.63 as follows: CHAPTER 13.63 -- STORMWATER—UTILITY AND REGULATIONS 13.63.010 Purpose. Thepurpose of this chapter is to establish a storm and surface water management program and utility in order to accomplish the following goals: 1 June 21, 2022 F - 13 A. Establish a stormwater capital facilities plan and small project funding program for projects which will: 1. Protect property owners adjacent to developing and developed land from increased runoff rates, which could cause erosion of abutting property; 2. Decrease drainage-related damage to public and private property; 3. Maintain safe City streets and rights-of-way; 4. Minimize water quality degradation and control of sedimentation of creeks, streams,ponds, and other water bodies; and 5. Preserve and enhance the aesthetic quality of waters. B. Promote sound development policies and construction procedures, which respect and preserve the City's watercourses; C. Provide public education, outreach,participation,and involvement in the protection of water quality; and D. Establish general rules and regulations for the service and extension of service from the stormwater system. E. Define and implement re_ug latory programs intended to identify sources of pollution and reduce or prevent adverse impacts from urban stormwater on receiving waters and the environment. The storm and surface water management program shall consist of stormwater regulations and a stormwater utility, which shall be implemented and operated by the City's Department of Public Works and Utilities in accordance with standards established by the appropriate governmental entities with jurisdiction. 13.63.020 Incorporated by reference. The City hereby incorporates the following documents into this chapter: A. The City of Port Angeles' Urban Services Standards and Guidelines adopted pursuant to Chapter 18.08 PAMC, the most recent version or update. (SATMN43ATAT [2014]l or-the fnest eeent„r,a to B. Ecology's Stormwater Management Manual for Western Washington (SWMMWW); the most recent update or version. 2 June 21, 2022 F - 14 C. Ecology's Western Washington Phase I1 Municipal Stormwater Permit with Appendices, the most recent update or version. D. 2012 Low Impact Development Technical Guidance Manual for Puget Sound,published by Washington State University and the Puget Sound Partnership, or the most recent update. E. The City of Port Angeles' Illicit Discharge Detection and Elimination (IDDE,) Response Policy and Procedures; the most recent update or version. All of these documents are on file within the office of the City Engineer and can be viewed upon request. 13.63.030 Applicability. The provisions of this chapter shall apply to all direct and indirect connections to the City's stormwater system, including direct outfalls to the City's streams or marine waters. 13.63.040 Definitions. The following definitions shall apply to this chapter: o A. AKART - All known, available, and reasonable methods of prevention, control, and treatment. B. Arterial-PRINCIPAL ARTERIALS: Principal arterials provide service for principal traffic movements within the City. They serve centers of activity; intra-area travel between Port Angeles and other large communities and between principal trip generators. Principal arterials serve the longest trips and carry the principal portion of trips entering and leaving the overall area. Typically they are the highest traffic volume corridors in the City. The design year ADT is approximately 5,000 to 30,000 vehicles per day or more. They frequently carry important intra-urban as well as intercity bus routes. The spacing of principal arterials usually varies from about one mile in highly developed business areas to five miles or more in rural areas. Service to abutting land should be subordinate to the provisions of travel service to principal traffic movements; this service should be incidental to the primary functional responsibility of the street. Desirably it is located on community and neighborhood boundaries or adjacent to but not through principal shopping centers,parks, and other homogeneous areas. MINOR ARTERIALS: Minor arterials interconnect with and augment the principal arterial system. Minor arterials connect principal arterials to collector arterials and small generators. They provide medium size trip generators,such as less intensive commercial development,high schools and some junior high/grade schools, warehousing areas, active parks and ballfields, and other land uses with similar trip generation potential. They distribute travel to smaller geographic areas and communities than those identified with the principal arterial system. They provide service for trips of moderate length of a somewhat lower level of travel mobility than principal arterials. The design year ADT is approximately 2,500 to 15,000. COLLECTOR ARTERIALS: Collector arterials provide both land access service and traffic circulation within residential neighborhoods and commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, 3 June 21, 2022 F - 15 distributing trips from the arterials through the areas to their ultimate destinations. The collector also collects traffic from local streets in residential neighborhoods and channels it onto minor and principal arterials. The collector arterial street may also carry local bus routes. C. Best managementpractices(BMPs) -mean schedules of activities,prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State (as per the Department of Ecology's SWMMWW [2014]). D. Certified erosion and sediment control lead(CESCL)-means an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by the Washington State Department of Ecology (see BMP C160 in the Department of Ecology's SWMMWW (2014)). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and, the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges (as per the Department of Ecology's SWMMWW [2014]). E. Clean Water Act-means the federal Water Pollution Control Act(33 USC Section 1251 et seq.), and any subsequent amendments thereto. F. Commercial/multiple property - means all property zoned or used for multi-family, commercial, retail,public, government, non-profit and all other non-residential uses. G. Compost-amended soil-means establishment of a minimum soil quality and depth to regain stormwater functions in the post development landscape,provide increased treatment of pollutants and sediments that result from development and habitation, and minimize the need for some landscaping chemicals. H. Director - means the City of Port Angeles Director of Public Works and Utilities or his or her designee. I. Effective impervious surface- means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces are considered ineffective if: 1)the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5 30 - "Full Dispersion," as described in Chapter 5 of Volume V of the Department of Ecology's SWMMWW (2014); 2) residential roof runoff is infiltrated in accordance with downspout full infiltration systems, per BMP 5.10A in Volume III of the Department of Ecology's SWMMWW (2014); or 3) approved continuous runoff modeling methods indicate that the entire runoff file is infiltrated(as per the Department of Ecology's SWMMWW [2014]). J. Feasibility - Low impact development best management practices (BMP) are required where feasible.A BMP is determined feasible when infeasibility criteria are not triggered as defined in the Department of Ecology SWMMWW and City of Port Angeles Urban Service Standards and Guidelines Chapter 5, Appendix D. K. Groundwater - means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. L. Hard surface -means an impervious surface, a permeable pavement, or a vegetated roof. 4 June 21, 2022 F - 16 M. Hazardous materials -means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. N. Highway -means a main public road connecting towns and cities. O. Hyperchlorinated- means water that contains more than ten milligrams per liter (mg/ Q chlorine. For water duality chemistry purposes, mg/L and parts per million (ppm) are equivalent units of measure. P. Illicit discharge - means any direct or indirect non-stormwater discharge to the City's stormwater system, except as expressly allowed by this chapter. Q. Illicit connection - means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. R. Impaired capacity system - means the flow volume or rate is greater than what a facility (e.g., pipe, pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be evaluated using a qualitative analysis and/or a quantitative analysis that shall include continuous runoff modeling of the 25-year recurrence interval flow. A system is considered to be impaired when it is not able to convey the 25-year recurrence interval flow without surcharging. S. Impervious surface - means a non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non- vegetated surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include,but are not limited to,roof tops,walkways,patios, driveways,parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open,uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling (as per the Department of Ecology's SWMMWW [2014]). T. Land disturbing activity-means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity. U. Maintenance - Repair and maintenance includes activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those 5 June 21, 2022 F - 17 usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. See also Road Maintenance exemptions in Section 1 of the NPDES Appendix included in this chapter. V. Municipal separate storm sewer system (MS4) - means a conveyance or system of conveyances(including roads with drainage systems,municipal streets, catch basins, curbs,gutters, ditches, man-made channels, or storm drains), owned or operated by the City of Port Angeles: 1. Designed or used for collecting or conveying stormwater; 2. Which is not part of apublicly owned treatment works (POTW). "POTW"means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and 3. Which is not a combined sewer. "Combined sewer" means a system that collects sanitary sewage and stormwater in a single sewer system. W. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit - means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. X. Native vegetation- means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big-leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. Y. New development - means land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision,short subdivision and binding site plans,as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. Z. Non-impaired capacity system - means the flow volume or rate that a facility (e.g., pipe, pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be evaluated using a qualitative analysis and/or a quantitative analysis which shall include continuous runoff modeling of the 25-year recurrence interval flow. System capacity is considered to be non- impaired if it conveys a 25-year recurrence interval flow without surcharging. AA. Non-stormwater discharge - means any discharge to the storm drain system that is not composed entirely of stormwater. BB. Permeable pavement - Pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement 6 June 21, 2022 F - 18 section.It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. CC. Person - means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner's agent. DD. Pollutant-means anything which causes or contributes to pollution.Pollutants may include, but are not limited to:paints,varnishes, and solvents; oil and other automotive fluids;nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables (objects or substances which float);pesticides,herbicides, and fertilizers;hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. EE. Pollution generating impervious surface (PGIS) - means those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the Department of Ecology's SWMMWW [2014]), or storage of erodible or leachable materials,wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, non-leachable material (e.g., baked-on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other indoor activities (as per the Department of Ecology's SWMMWW [2014]). FF. Pollution-generatingpervious surfaces(PGPS)-means any non-impervious surface subject to vehicular use, industrial activities (as further defined in the Department of Ecology's SWMMWW [2014]); or storage of erodible or leachable materials, wastes or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall,use of pesticides and fertilizers or loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns and landscaped areas, including golf courses parks, cemeteries, and sports fields (natural and artificial turf) (as per the Department of Ecology's SWMMWW [2014]). GG. Pre-developed condition - means the native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The pre-developed condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement. HH. Premises - means any building, lot,parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and pafk4 g_planting strips. 11. Project site - means that portion of a property, properties, or right-of-way subject to land disturbing activities, new impervious surfaces, or replaced impervious surfaces. JJ. Rain garden - means a non-engineered shallow, landscaped depression, with compost- amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. KK. Receiving waters -means bodies of water or surface water systems to which surface runoff is discharged via a point source of stormwater or via sheet flow. 7 June 21, 2022 F - 19 LL. Redevelopment - On a site that is already substantially developed (i.e., has 35 percent or more of existing impervious surface coverage),the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities. MM. Replaced impervious surface - means, for structures, the removal and replacement of any exterior impervious surfaces or foundation. For other impervious surfaces, the removal down to bare soil or base course and replacement. NN. Single-family property - means all property used for single-family residential uses. 00. Site - means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects,the length of the project site and the right-of-way boundaries define the site. PP. Source control BMP - means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Department of Ecology's SWMMWW (2014) separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. For further examples or details, refer to the Volume IV of the Department of Ecology's SWMMWW (2014). QQ. Stormwater - means runoff during and following precipitation and snowmelt events, including surface runoff and drainage. RR. Stormwater Manygement Manual for Western WashiLgion (SWMMWW) — Washington State Dept. of Ecology's stormwater manual. As applicable, the City has adopted the most recent version of this manual to guide the City's stormwater management program. ASS. Stormwater pollution prevention plan (SWPPP) - means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. ITT. Stormwater system - means all natural and manmade systems which function together or independently to collect, store, purify, discharge and convey stormwater. Included are all stormwater facilities as well as natural systems such as streams and creeks and all natural systems which convey, store, infiltrate or divert stormwater. T-T—.UU.Threshold discharge area - means an on-site area draining to a single natural discharge location or multiple natural discharge locations that combine within one-quarter mile downstream (as determined by the shortest flowpath). The examples in Figure 2.1 illustrate this definition. The purpose of this definition is to clarify how the thresholds of the stormwater requirements are applied to project sites with multiple discharge points. b�U-VV.Wetland- means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a 8 June 21, 2022 F - 20 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,marshes,bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. 13.63.050 Stormwater utility established. There is hereby created and established a storm and surface water utility (also referred to as the "stormwater utility"). The stormwater utility shall be administered ,,,,,ao,- di-eetio ^ by the Director of Public Works and Utilities. The stormwater utility shall perform the functions, and have the authority, as set forth in Chapter 35.67 RCW and in this chapter for managing, regulating, and controlling the City's stormwater management program. 13.63.060 Jurisdiction. The City shall have jurisdiction over all stormwater and surface water facilities within the City's boundaries. No modifications or additions shall be made to the City's stormwater and surface water facilities without the prior approval of the City. 13.63.080 Transfer of property. All equipment, properties, and property rights and interests owned or held by the City, however acquired, insofar as they relate to or concern stormwater or surface water sewage, are hereby transferred to the stormwater utility. This includes by way of example and not limitation, all properties and property rights and interests acquired by adverse possession or by prescription in and to the drainage and storage of stormwater or surface waters over and under lands,watercourses, streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood condition. 13.63.090 Annual charge. A. The owners of all real property in the City containing impervious surfaces shall pfFybe assessed man annual stormwater utility charge at the rate as set forth in this section. B. Single-family and duplex residential fees. 9 June 21, 2022 F - 21 I. Effective January 1, 2022, the annual stormwater utility charge for each non-discounted single-family and duplex residential property shall be $204.06. 2. Effective January 1,2022,the annual stormwater utility charge for single-family and duplex residential property for those qualifying for discounts per section 13.20 PANIC shall be $153.05 for 25% discount eligible and $132.64 for 35% discount eligible. C. The annual stormwater utility charge for all commercial, industrial, or multiple dwelling eommefeial/mttltiple property shall be calculated by dividing the total impervious area in square feet by 3,000 square feet, times the rate of $203.03. The minimum annual fee for a commercial, industrial, or multiple dwelling property shall be not less than the annual fee rate of$203.03 and the maximum annual fee shall be not more than 25 times that rate. D. The annual stormwater utility charge for all non-taxable federal property shall be calculated by dividing the total impervious area in square feet by 3,000 square feet, times the rate of$193.55 The minimum annual fee for a non-taxable federal property shall not be less than the annual fee rate of$193.55 and the maximum ffleii 4�,annual fee shall be not more than 25 times that rate. E. City streets, State highways, private streets with stormwater and surface facilities in place meeting City standards, and other public or private owned properties or portions thereof having their own NPDES permitted storm and surface water runoff facilities which do not discharge to City facilities shall be exempt from the menWy annual charges set forth in this section. 13.63.095 Stormwater Program Charge. Each private property or businesses subject to routine Stormwater Programmatic Inspections shall be charged a fixed-rate fee to accommodate staff time, equipment,tracking software,reporting, and all other associated costs bore by the City in facilitating _the program. This rate will be applied annuallyper PAMC 13.63.110. This annual charge assumes each participant's full compliance with the program and does not factor in extra resources expended by the Cily in response to situations of non-complinance. The City may recoup additional costs incurred from the non-compliant property owner or other responsible party via assignment of civil penalty, as described in PAMC 13.63.480, 13.63.500, and 13.63.510. A. The Source Control Program for Existing Development has a program charge of $140.00 per B. The Operations and Maintenance (O&M) Program for Private Stormwater Facilities has a program charge of$225.00 per year. 13.63.100 Rate adjustment. A. Stormwater rebates may be issued for retrofit, new development or redevelopment projects that meet the following conditions: 1. Overall project with less than 5,000 square feet of new or replaced hard surfaces, and implements two or more of the following: a. Permeable pavement; 10 June 21, 2022 F - 22 b. Compost amended soils per BMP T5.13 in all disturbed area not covered by new improvements; C. Rain gardens. 2. LID facilities and best management practices (BMPs) listed in subsection A.1 above, must be designed and maintained in accordance with the Department of Ecology's SWMMWW (2014). 3. Stormwater rebates as available funding allows include the following: a. Permeable pavement - $1.00 per square foot towards materials, up to a maximum rebate of $1,000.00 per household or business. b. Compost amended soils - Voucher for ten cubic yards of Garden Glory compost. C. Rain gardens - Rebate for materials to install a rain garden, up to a maximum rebate of $1,000.00, per household or business. B. Stormwater rebates may be issued for retrofit,new development, or redevelopment project that meet the following conditions: 1. Overall project is less than the minimum requirement 95 threshold (see Chapter 5 of the City of Port Angeles Urban Service Standards and Guidelines) or is a retrofit project that implements a rain garden. 2. Rain gardens must be designed and maintained in accordance with the Department of Ecology's SWMMWW (2014). 3. Stormwater rebates as available funding allows include a rebate for materials to install a rain garden, up to a maximum rebate of$1,000.00,per household or business. C. A property owner may request a rate adjustment to the monthly annual charge set forth in PAMC 13.63.100, only if the property contains no hard surfaces or if the property owner disagrees with the City's calculations of the rate, or the amount of hard surface area used by the City in calculating the rate, under PAMC 13.63.100.C. A request for an adjustment shall be submitted in writing to the Director of Public Works and Utilities. If the property contains no hard surfaces, the rate shall be adjusted to zero. If the City's calculations or amount of hard surfaces under PAMC 13.63.100.0 is incorrect, the rate shall be adjusted accordingly. Approved adjustments will be applied prospectively except that reimbursement for overcharges paid by the property owner will be made by the City for the year during which the adjustment is requested and for the prior year. D. Any person aggrieved by a decision of the Director of Public Works and Utilities relating to a request for a rate adjustment authorized by PAMC 13.63.110 may appeal the Director's decision to the City Manager within 30 days of the date of the Director's decision. The City Manager's decision shall be final. 11 June 21, 2022 F - 23 13.63.130 Non-stormwater,illegal discharges and dumping prohibited. A. Except as provided in subsections B. and C.below,no person shall throw,drain or otherwise discharge, cause or allow others under4s its control to throw, drain or otherwise discharge into the stormwater system any materials other than stormwater. B. The following discharges into the stormwater system are prohibited, unless the stated conditions are met: 1. Discharges from potable water sources, including waterline flushing, hyperchlorinated waterline flushing, fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted, if necessary (to meet water quality standards), and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. 2. Discharges from lawn watering and other irrigation runoff shall be minimized. 3. Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and re-oxygenized, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4 and the property owner has obtained a stormwater discharge permit from the City. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. 4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. To avoid washing pollutants into the MS4,permittee must minimize the amount of street wash and dust control water used. At active construction sites, street sweeping must be performed prior to washing the street. 5. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the City, which addresses such discharges. 6. Any discharges from a construction site. Discharges must be in conformance with the stormwater pollution prevention plan (SWPPP) reviewed by the permittee. 7. Combined sewer overflow (CSO) discharges. This discharge must be in conformance with a current National Pollution Discharge Elimination System Permit, approved by the Washington State Department of Ecology. C. The following categories of non-stormwater discharges are specifically allowed: 1. Diverted stream flows. 2. Rising groundwaters. 3. Uncontaminated groundwater infiltration (as defined at 40 CFR 35 2005(20)). 4. Uncontaminated pumped groundwater. 5. Foundation drains. 6. Air conditioning condensation. 7. Irrigation water from agricultural sources that is commingled with urban stormwater. 12 June 21, 2022 F - 24 8. Springs. 9. Uncontaminated water from crawl space pumps. 10. Footing drains. 11. Flows from riparian habitats and wetlands. 12. Non-stormwater discharges covered by another NPDES or State waste discharge permit. 13. Discharges from emergency firefighting activities in accordance with the City of Port Angeles' Stormwater NPDES Permit Section S2 Authorized Discharges. The City's Stormwater NPDES Permit is available to view in the office of the City Engineer. 13.63.160 Unpolluted stormwater discharge shall have approved outlet. A. Stormwater shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Director. B. Storm drainage from hard-surfaced or graded areas, such as parking lots, service station yards, and storage yards, shall enter the public storm sewer system or other outlet approved by the Director and as required by this chapter and as such facilities are available. Such storm drainage shall not be connected to or allowed to enter a sanitary sewer,tmiess e*i, ed i ...F4ing 13.63.275 Source Control Program for Existing Development, A. The City's re ug latory source control program hereby is initiated to satisfy Ecology's minimum requirements described in the 2019-2024 Phase 11 Municipal Stormwater Permit and developed to serve the community and future generations by working to protect human and environmental health from contaminated stormwater runoff. The purpose of this program is to prevent and reduce pollutants in runoff from businesses and operations occurring within Ci , limits. B. Local business owners, identified by the City as having the potential to pollute(as described in the City's Stormwater Management Program (SWMP) Plan), are required to participate in the program. Business owner participation in the program consists of: 1. Engaging with the City in all necessary communications,scheduling,information gathering, documentation, and records requests in a timelyprofessional manner. 2. Utilize the City's Source Control Program digital tracking and reporting�platform, as it becomes available. 3. Provide access to the site and all applicable parameters of the site for inspections or re- inspections. 4. The business owner, or qualified designee, shall attend each inspection or re-inspection. 13 June 21, 2022 F - 25 5. Implement operational and structural stormwater best management practices (BMPs) that apply to the site and are required by the City_. 6. Document applicable source control policies and procedures. 7. Provide business specific stormwater management and source control trainings to staff. 8. Under the umbrella of AKART, comply with City issued directives deemed necessary to reduce pollution or risk of pollution being generated in stormwater runoff from their site. C. Stormwater Best Management Practices(BMPs)for source control are described in Volume IV of the SWMMWW. All business owners are required to implement or apply BMPs listed as Applicable to All Sites. Activityspecific BMPs that are applicable to a site shall be implemented and applied appropriately. Structural source control BMPs, or treatment BMPs/facilities, or both, shall be required for pollutant generating sources if operational source control BMPs do not prevent illicit discharges or violations of surface water, groundwater, or sediment management standards because of inadequate stormwater controls. D. All structural or operational BMPs that apply to a business site or activity shall be documented and maintained in the business owner's policies and procedures and used to train staff and perform self-inspections, maintenance, and updates. In cases where the SWMMWW lacks guidance for a specific source of pollutants, the business owner/operator shall work with the City to implement or adapt BMPs based on the best professional judgement of the City_. E. After an inspection, the City will communicate inspection results with the business owner, or other responsible party, in writing. Items or deficiencies identified by the Ci , as requiring improvement, ugrade, or maintenance will be listed along with a reasonable timeframe for the work to be completed. F. In situations where deficiencies are found or elevated risk can and should be reduced using AKART, the City will attempt to provide or connect the responsible party with relevant education, technical expertise, and resources. Despite the City's efforts to assist, support, and provide resources, the responsible party maintains full responsibility for the deficient situation and for achieving satisfactory resolution. G. A business maintains compliance with the Source Control program by: 1. participating in n the program, as described in section B above, 2. implementing _the required BMPs applicable to the site, and by required BMPs applicable to the site, and by 3. satisfying post-inspection directives necessary to reduce or eliminate contaminated runoff or risk of pollution given by the City and within the timeframes specified. If the City determines, through inspections or otherwise, that a business is noncompliant with program requirements, the City will implement progressive enforcement until compliance is regained._ H. Progressive enforcement is intended to encourage the business owner to address the issues of non-compliance resulting in reducing or eliminating pollution or risk of pollution by incrementally pplyingprogressively adverse consequences to continued non-compliance. The Ci y's progressive enforcement policy, qpplicable to the Source Control Program, as well as the overall Stormwater Management Program, is as follows: 1. Issuance of a Notice of Noncompliance (NONC) to the business and/or grope . owner(s), defining: 14 June 21, 2022 F - 26 i. the specific issue(s) of non-compliance ii. specific corrective actions to be taken, if applicable iii. a pathway for the responsible party to regain compliance, if applicable iv. a reasonable time for the responsible party to comply that is appropriate to the situation and as determined solely by the City. v. contact information for a person or department at the City capable of providing assistance to the responsible party regarding_ the NoNC 2. Issuance of an Order to Maintain or Repair, if applicable, and as defined in PANIC 13.63.470. If appropriate, an Order to Maintain or Repair may be issued in conjunction with a Notice of Violation. 3. Issue a Notice of Violation (NOV), as defined in PANIC 13.63.480. Progressive enforcement after issuance of a NOV is described in multiple subsections of this chapter, depending on circumstances, and may include assessment of civil penalty and initiation of a lawsuit. 4. Assessment of Civil Penalties and other costs associated, as described in PANIC 13.63.480 and 13.63.500. 5. Initiate appropriate legal remedies to collect civil penalties, as described in PANIC 13.63.510. The Cit s progressive enforcement policy mM be applied by the City to an extent deemed appropriate by the City and as determined to be in the best interest of the City. The City retains the right to skip steps in the progressive enforcement policy, if warranted, as determined by the City. Recourse to any single remedy shall not preclude recourse to any other remedies available to the CA3L I. Resolution to a hazardous or potentially hazardous situation is described in PANIC 13.63.530. 13.63.330 Extensions Application. A. The person desiring a storm drain main extension shall apply to the Director requesting permission to extend the City's stormwater system. B. The Director shall review the application, and, if the requested extension is determined to be a proper extension of the stormwater system, shall provide the petitioner with the design requirements for the extension. C. If the requested main extension is determined to be an improper extension of the stormwater system, the application shall be denied. 15 June 21, 2022 F - 27 13.63.410 Inspection. A. Rewine Permit-related inspections. The Director or his designee shall have access to any site for which a site development activity permit has been issued pursuant to section 13.63.270 during regular business hours for the purpose of on-site review and to ieensure compliance with the terms of such permit. The applicant for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes. B. Inspection for cause. Whenever there is cause to believe that a violation of this title has been or is being committed, the director or his designee is authorized to inspect the project or property, and any part thereof reasonably related to the violation, during regular business hours, and at any other time reasonable in under the circumstances. The applicant for any site development activity permit under this chapter shall, as a condition of issuance of such permit, agree in writing that access to the project site which inhibits the collection of information relevant to enforcement of the provisions of this chapter shall be grounds for issuance of a stop work order by the Director or his designee. C. Programmatic inspections. During normal business hours, the Director or their designee shall be provided reasonable access to any property, facility, or business required to participate in the City's Source Control Program for Existing Developments, Operations and Maintenance Program for Private Stormwater Facilities regulated by the City,or other programs developed under the City's Stormwater Management Program and necessary to satisfy requirements of Ecology's Phase 11 Permit. Programmatic inspections require a qualified representative from the business, propeLty, or organization to provide access, attend the inspection, and, where able, participate in the inspection alongside City staff. The City will attempt to schedule the inspection or re-inspection with the responsible party in advance of the inspection. During the inspection, the City shall be permitted to take photos or video documentation of conditions relevant to the inspection. Barring reasonable access to the property will be considered as non-compliance with the program and the City will implement progressive enforcement recourses, as described in PAMC 13.63.275. ED. The Council shall establish fees for stormwater related inspections. Inspection fees shall be detailed in the PAMC 3.70.110. 13.63.500 Liability for costs of investigation. Any person found to be in violation of this chapter shall be responsible for the costs of investigation by the City. Such cost may include staff time, equipment,materials,shipping charges,the analytical services of a certified laboratory, and any other related costs. Section 3. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, 16 June 21, 2022 F - 28 the correction of the scrivener's/clerical errors, references to other local, state,or federal laws, codes, rules or regulations,or ordinance numbering,section/subsection numbers and any references thereto. Section 4 . - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid,the remainder of the Ordinance,or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 5.-Effective Date. This Ordinance,being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 12022. Kate Dexter, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Kari Martinez-Bailey, City Clerk 17 June 21, 2022 F - 29 E � � tto O � Ln U C: o q U -2 % aj L- / O P 2 E © E aj w / 2 toLn U w a_ / \ \ ~ � � 0 ( § q ( \ w( \ }\ / d���� � � m \ 2� ^/ ` O \ � �� � : b $ m n � < � \ 2 \ � �k w� 4-J +-J — O N N I oZS o o Ln 'in Q V Ol _ W • m d V -J > 06 co t (U a AT QC O O �� r N U �• FNVIRONo� W a) 1 Ti �f r L 00 ' f , 0 V) pp Y r Y ra J - r ✓ - /� i-J (A00 O/�/� tf �;•. 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Changes to projects approved for the 2022 Budget year will become the amended capital portion of the current budget and projects approved for 2023 will be built into the 2023 Capital budget. Additionally,the CFP/TIP is a required component of the City's Comprehensive Plan. Funding: Each project sheet in the CFP document describes the proposed funding for each individual project. Funding sources include governmental transfers,utility reserves(both capital and operating), utility rates,grants, and contributions. If funding has not been identified the project is marked unfunded, but still remains in the CFP to allow Staff to explore funding avenues for completion. No additional debt is proposed for the 2023-2028 CFP planning cycle. Recommendation: Staff requests that Council: 1) Continue the public hearing on the 2023-2028 Capital Facilities Plan and Transportation Improvement Plan from the June 7t1i meeting. 2) Close the Public Hearing. 3) Pass the resolution adopting the 2023 -2028 Capital Facilities Plan and Transportation Improvement Plan. Background / Analysis: The Washington State Growth Management Act requires that the City review and update the Capital Facilities Plan(CFP) and Transportation Improvement Plan(TIP) annually. The CFP is a six-year planning document that is updated annually based on needs and policies identified in the City of Port Angeles Comprehensive Plan, Council Strategic Plan and City Work Plan. It represents Port Angeles' current list of needed projects and programs for the next six years. The document also identifies secured or reasonably expected revenues and expenditures for each of the projects included in the CFP. Projects without identified funding are also listed in the CFP/TIP to allow for additional funding options to be explored. Projects are grouped into the following project types: • Governmental o General Government o Public Safety o Parks and Recreation • Utilities: o Medic 1 o Electric o Water o Wastewater o Solid Waste June 21, 2022 F - 30 o Stormwater o Combined Sewer Overflow(CSO) • Information Technologies • Equipment Services • Transportation Improvement Plan o Transportation o Transportation Benefit District Per State law,RCW 35.77.010 the TIP must be adopted prior to July Ist each year and the City must report the updated plan to the Secretary of Transportation within 30 days of adoption. The 2023-2028 Capital Facilities Plan and Transportation Improvement Plan(CFP) allows citizens, advisory boards and City Council to critically review and identify priority projects as well as items that require long-term planning. This comprehensive approach allows consideration and approval of capital improvements/replacements for a longer range than an annual review and coordinates the decision- making process to include all available information and resources. Projects in the CFP have been vetted by City staff and management, and the Utility Advisory Committee, at their May 3ISt meeting, forwarded a favorable recommendation on the utility projects. In addition,on May 24t1, Council held a work session to discuss the CFP/TIP. In all instances Council's directives have been considered and implemented,which include: 1) Replacement of critical infrastructure based on priorities and focus on preventable maintenance to increase asset life. 2) Leveraging projects by planning multiple projects in one area at the same time to save on construction costs. 3) Maximizing the use of funds available to limit the impact on customer rates from capital investment. 4) No new debt is required to complete projects or is planned for future projects. 5) Building capital reserves to a cash to depreciation ratio of 1:1. ■ Transportation currently does not meet this requirement. Transportation projects have more funding options available,such as,grants and the transportation benefit district, and as a result these options are explored prior to over burdening the General Fund or competing for limited tax dollars.The result of which means building these fund balances will be much more gradual. Additionally,the cash to depreciation ratio in this fund is lower than required due to Staff's intention to fully leverage the transportation benefit district funds as approved by voters in 2018 for these projects. ■ Electric, Solid Waste,Wastewater and Stormwater utilities all are at or above 1:1 threshold when looking at this 6-year plan.The transfer from operating funds to the capital funds in each utility as compared to the 2022-2027 CFP was maintained or had minimal increases in the last few years of the CFP cycle. This increase ranged from less than 1.0% to 3.0% depending on the fund. ■ The Water Utility currently falls slightly below(less than 10%)the ratio directed by City Council as of this CFP cycle. This is caused by some very large projects planned in the 2023-2028 CFP cycle; however,the 1:1 cash to depreciation requirement will be met by 2031 in this fund. This approach is recommended to prevent any unnecessary rate increases to the Water fund in support of these projects. A list of all active,prioritized and unfunded projects is attached to this memo. The complete document can be reviewed in detail in the Preliminary CFP/TIP document posted on the City's website. June 21, 2022 F - 31 Additionally, at the June 7'Council meeting there were a few items Council discussed or asked for additional information to be provided as follows: ■ Council requested additional information and criteria regarding the present condition of assets be provided to ensure clarity and consistency throughout the document. At this time Staff is working on this criterion and will ensure that these criteria are included in the CFP/TIP document next year and utilized when prioritizing projects in future years. ■ Additionally,while projects may be labeled"Fair"under the Present Condition status in the CFP but described in the Plan as failing or past the end of an assets useful life,it is important to note that a"Fair" status does not indicate the project has been incorrectly prioritized. Often this occurs when a project is functioning correctly,but due to overextending the useful life failure could occur at any time and therefore replacement or repair is necessary. Finally,there are a few projects that included erroneous present condition statuses. These changes will be included in the final document and are listed here for Council's reference: ■ WTOI I I —Liberty Street Water Main will be changed to "Fair" condition. ■ WT0512 -East 4t1i Street Water Main will be changed to "Fair"condition. ■ WT0212 -East 6t1i Street Water Main will be changed to "Fair"condition. ■ Limited Staffing capacity information will be provided in the final CFP/TIP document as outlined in the Council worksession on the 24'. This information will continue to be refined with more detailed capacity concerns and staff time spent on projects outlined in next years CFP/TIP process. ■ Council discussed the potential to provide funding for traffic control project TR1316. After Staff review of this project there is some information that is out of date. As a result,it is recommended a separate project be included in the TIP to address planning for traffic control; including funding options,current costs associated with projects and determining need.This recommended project is attached as TR0322 -Intersection Control Study for Council consideration. $50,000 in funding for this project is proposed from REET. Finally,the CFP/TIP is a living document and is subject to change due to shifting priorities,funding sources emergencies,and other factors. As amendments are presented to Council by staff an analysis will be performed to ensure rates are not impacted negatively and funding is available. Funding Overview: Each project sheet in the CFP document describes the proposed funding for each individual project. Funding sources include governmental transfers,utility reserves (both capital and operating),utility rates, grants, and contributions. If funding has not been identified the project is marked unfunded,but still remains in the CFP. No additional debt is proposed for the 2023-2028 CFP planning cycle. Attached: ■ Proposed project TR0322—Intersection Control Study ■ Resolution approving the 2023-2028 Capital Facilities Plan and Transportation Improvement Plan ■ CFP/TIP project listing June 21, 2022 F - 32 INTERSECTION CONTROL STUDY MOM PROJECT STATUS: PLANNING CONDITION: FAIL LATITUDE / LONGITUDE: CITY WIDE PROJECT MANAGER:JONATHAN BOEHME ESTIMATED LIFE: 10 YEARS TYPE: SAFETY ABOUT THE PROJECT: The City has a number of uncontrolled intersections. This study will provided recommendations on methods to improve safety at those intersections,estimate initial capital costs to implement the preferred plan,long term maintenance costs and required additional operational staff to implement.Funding scenarios will be prepared for the preferred alternatives. The study results will be used to scope and implement the unfunded project TR1316 Traffic Control. JUSTIFICATION: Employ traffic control devises at uncontrolled intersections to reduce the number a severity of accidents. FUNDING SOURCES PRIOR Budget CAPITAL FACILITIES PLAN YEARS 2022 2023 2024 2025 1 2026 2027 2028 Reserves Utilities Fund Grants Bonds General Fund Donations/Insurance Reim REET 50.000 $0 i $0 1 $50,000 1 $0 1 $0 i $0 i $0 $0 EXPENDITURES I Prior 2022 1 2023 2024 2025 2026 1 2027 2028 Capital Costs TOTAL 1 $0 1 $0 0 0 1 $0 I $0 1 0 OTHER OPERATING COSTS Prior 2022 1 2023 2024 2025 2026 1 2027 2028 Other TOTAL OTHER COSTS $0 1 $0 0 1 $0 0 1 $0 1 $0 ESTIMATED TOTAL PROJECT COST: $ ESTIMATED TOTAL DESIGN COST: $ June 21, 2022 F - 33 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles,Washington, adopting the City's Capital Facilities Plan for 2023 — 2028, which includes the City's Transportation Improvement Program for the years 2023 -2028. WHEREAS,the City of Port Angeles is required to annually update its Capital Facilities Plan (CFP) and its Transportation Improvement Program (TIP); and WHEREAS,the City Council of the City of Port Angeles,being the legislative body of said City, on the 7th day of June 2022 and the 21st day of June 2022, did hold public hearings on the proposed CFP and TIP for 2023 —2028; and WHEREAS, the proposed CFP and TIP for 2023-2028 are consistent with the City's Comprehensive Plan; and WHEREAS, the City Council finds and declares that the CFP, including the TIP, is appropriate to address the capital and transportation planning needs of the City for 2023-2028. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles,Washington,that the City's 2023—2028 CFP,which includes the City's TIP for the years 2023 -2028, as published May 12, 2022 in a document filed with the City Clerk titled the "Preliminary Capital Facilities Plan and Transportation Improvement Plan for the City" and as it is illustrated by the project listing attached to this Resolution, is hereby adopted. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of June 2022. Kate Dexter, Mayor ATTEST: Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney June 21, 2022 F - 34 2023-2028 Capital Facilitys Plall mid Transportation huprovonent Plmi Fxliibit City of Poll Alieeles CAPITAL FACILITIES PLAN GENERAL GOVERNMENT CAPITAL PROJE p..RITYAL CONDTION PROJELI' pR10RYEARS BUDGET 2022 2023 2024 20211 2026 2027 20 Title TOTAL GG0303 NICE Funds It Revolving Excelluit JBJ,100 262.100 J5,000 25,000 25,000 25,000 25,000 25,000 75.000 GG1113 "diry Severity Proleas A Auive Fair _Cado 53.900 202,100 - - - - - - GG0121 Broadband Improvement Feasibility Study 2 Preplanning Poor 50,ota - 50,o00 - - - - - - GG0119 Ennis Creek Fish Barrier Removal 4 PC�Plannma Poor 1,200,000 - - 300.000 - - - - - 9oo,000 GG0416 City Hall Pire De-mi,System 5 Planning Pair J5,000 - JS,oOO - - - - - - GG0516 Senior Center Pire Deteuion System 6 Design Fair 50,000 - 50,000 - - - - - - GG0916 Valle Creek Restoration Phase 0] OF Unfunded Poor 2,110,100 2,110,900 PUB1.1 TER' - - - - - - - FD0415 Fire Department Torn-Out Gear R Revolving Good 320,600 160,300 - - - - - - 160,300 FD0615 Fire Hoses R Revolving Good 52,4Ca 16,300 6,100 5,000 5,000 5,0dd 00 5""1 5,000 5,000 FD0218 Self Contained Breathing Apparatus R Revolving Good 250,000 - - - - - 250 do -CA PC Pencom Capital R Revolving Good 601,SOO 251,500 50,000 5o,000 50,000 50,000 'i do 50,000 50,000 - PDO3oJ Police Regional Training&Gun Range Facility R Revolving Excellent 248,J00 71,800 32,000 32,000 32,000 32,000 16,300 16,300 16,300 PDO1 1 6 Mobile Data Terminal Replacements R Revolving Good 246,400 131,600 18,800 16,000 16,000 16,000 16,000 16,000 16,000 - PDO120 Police Taser Replacements A Active Pair 136,600 13,100 40,300 33,200 13,o00 3J,000 - - - PDo119 Computer Aided Dispatch/LE Records Management System A Active Good 548,400 403,E0O 145,100 - - - - - - PDO121 EOC/911 DispatchC-C..center] A Phoning Poor 6,500,000 - 3,oOO,000 3,500,000 - - - - - - PD0222 PenCom Radio/Phone Traffic Recording A Auive Good 31,500 - 31,500 - - - - - - PD0322 PenCom 911 Phone equipment A Auive Fair 153,000 - 113:000 - - - - - - FD0318 Emergeno,Management Pods 1 Planning Good 150,000 - 10000l 50,000 - - - - - FD0315 Fire Station Garage Door Replacement 3 Planning Good 50,000 - 50,000 - - - - - - - PDO122 Police Radio Replacement J Planning Poor 120,000 - - 20,000 20,000 20,000 20.000 20,000 20,000 FD0121 V✓estside Fire Station OF Unfunded Poor 3,000p00 - - - - - - - - 3,000,0o0 FD0120 Fire Station Front Driveway Repair OF Unfunded Poor 30,000 - - - - - - - - 30,000 GG0616 Fire GAI HVAC OF Unfunded Poor 45,000 - - - - - - - - 45,000 FD0216 Fire Training Facility OF Unfunded Poor 80p00 - - - - - - - - 80,00o FD0316 Senior Center EOC Generator(S--,Ciry EOC) OF Unfunded Poor 150,000 - - - - - - - - 150,000 FD0416 Radio Transmittor Generator N&10th SI-I,l OF Unfunded Poor 15,00o 15,000 PARKS AND RECREATION PK0216 Fa cilitylmprovement Revolving Fund R Revolving Good 136,500 16,500 30,000 15,000 15,000 15.000 15,000 15,000 15,000 - PK0205 Reshoom Replacement Program R Revolving Poor 1,500,000 - fi00,000 150,000 150,000 150.000 150,000 150,000 150,000 - PK0418 Civic Field Upgrades R Revolving Poor 136,200 136,200 - - - - - - - - PKO819 City Pier Railing Replacement A Auive Poor 565,000 2,800 162,2UU - - - - - - - PK0120 24Hour Reshoom Pilot Prole, A Auive Poor 200,000 - 200,000 - - - - - - PK0220 Synthetic Field Turcat Volunteer Field A Auive Good 1,200,000 - 500,000 - 700,000 - - - - PK0719 Packs Maintenance Building A A,ive Poor J06,500 1J4,400 - 532,100 - - - - - - PK0919 PineArts CenterC,dCdlmprovements A Auive Good 83,700 48,600 35,100 - - - - - - PK0119 Erickson PI ydeld Pump Track A Active Good 650,000 9,600 6o)o0 - - - - - - - PKo519 City Pier Erosion Stabilization&Sidewalk Repair(P®body Creek) A Auive Poor 400,000 3J,900 362,100 - - - - - - - PK0316 Locomotive 14 Refurbishment OF Unfunded Poor 100,000 - - - - - - - - 100,000 PK0319 City Pier lnspecdon Repairs OF Unfunded Fair 1,000p00 - - - - - - - - 1,o00,o00 PK0320 HVAC Upgrades at Ciry Hall&Sr Center OF Unfunded Poor 1,750,000 - - - - - - - - 1,J50,000 PK0406 Shane&Elks Field Lighting OF Unfunded Poor 1,000,000 - - - - - - - - 1,0o0,0oo PK0420 Ediz Hook Boat Launch Repairs OF Unfunded Poor J50,000 - - - - - - - - J50,000 PK0802 Neighborhood Park Development OF Unfunded Poor 250,000 - - - - - - - - 25o Cado FK0122 Erickson Pla Celd Tennis Court OF Unfunded Poor 200.000 200,000 TOTALS 27,936,000 1,789,900 7,008,700 4,778,300 1,076,000 405,-5call 597,300 345i,300 507,600 11,430,900 CAPITAL FACILITIES PLAN MEDICl PROJECTS PROJECT' PROJECT Number OJEC PRIORITY STATUS CONDITION TOTAL PRIORYEARS BUDGET 2022 2023 2024 2025 2026 202'I 2028 UNFUNDED Cll- Medic t Equipment li Revolvin,, Good 353,900 lJ0,J00 - - - - 183,200 - - FD0118 Dellbrlllator Ec ul m 0 Revolvin Good 221,0.1 68,000 J3,000 40,000 40,000 TOTALS S14,900 238,lo.O 'I3,000 40,000 223,200 CAPITAL FACILITIES PLAN P RAiUS CONDITION iOiECT PRIORYEARS BUDGET 2022 2023 2024 2- 2026 2027 2028 UNFUNDED CLCAP Maintenance Capital Conhibutioi, R Revohln Falr 1,180,800 13`oOo 15o,OOo 150,000 1-oo 1-oo 150.000 1-oo 1-oo CL0414 Construu New Light Ops Building A Attive Falr 6,399,90. 430.000 1,500,00o ,,469,900 - - - - - CL0419 Underground Cable Replacement-2021 A A2ve fair 250,000 - 2fit) 0 - - - - - - CLo519 Under ground Cable Replacement-2022 A Auive fair 250,000 - 210:000 - - - - - - CL0919 "A"Street Substation Switchgear Replacement A Auive Fair 500,000 - _Cao - - - - - - CL0620 EleuricVehiGe Charging Station A Auive Pair 48,000 - 48,000 - - - - - - CL0217 ISt-Substation Switchgear Replacement A A,we Poor 500,000 - 500,000 - - - - - - CL0420 College Sheet Load Tap Changer Replacement 1 Planning Pair 200,000 - - 200:000 - - - - - CLO117 "shington Street Substation Switchgear 2 Pre-Planning Fair 500,000 - - _Cao - - - - - CL0216 City/PUD Service Area Capital N ceds 3 Pr�Planning Good 400,000 - 200,000 200,000 - - - - - CLO819 Overhead Reconductoring-2023 4 Pre-Planning Fair 250,000 - - 250,000 - - - - - - CL0619 Underground Cable Replacement-2023 5 Pre-Planning Fair 250,000 - - 2.idd, - - - - - CL0719 Underground Cable Replacement-2024 6 Pre-Planning Fair 210,000 - - - 250,000 - - - - CL1o19 Underground Cable Replacement-2025 J Pre-Planning Pair 250,000 - - - - 250,000 - - - CL0221 Underground Cable Replacement-2026 8 Pre-Planning Fair 250,000 - - - - - 250,o00 - - CL0320 P Sheet Load Tap Changer Replacement 9 Pr,Planning Pair 200,000 - - - - - 200,000 - - CLO120 P Sheet Tr ansformer Replacement 10 Pre-Planning Pair 1,200,000 - - - - - 1,200,000 - - CLo121 Overhead Reconductoring-202J 11 Pre-Planning Fair 250,000 - - - - - - 250,000 - CL0321 Underground Cable Re placement-202J 12 Pre-Planning Fair 210,000 - - - - - - 25o,000 - - CLO122 Underground Cable Replacement-2028 13 Pre-Planning Fair 210:000 - - - - - - - 250,000 CL0202 Feeder Tie Hwy 101,Potter to Golc Course Road UP Unfunded Excellent 350,000 - - - - - - - - 350,000 CLOB16 College Sheet Substation S witchgear UP Unfunded Pair 500,000 - - - - - - - - 500,000 CLO520 Substation Seismic Bracing OF Unfunded Fair 500,000 - - - - - - - - 500,000 jjjjjjjjjjjjjj� CL0222 Advanced Metering&Outage Management OF Unfunded poor 5,000,000 - - - - - - - - 5,000,000 CL0322 Plectrlc Vehicle Chap In StatlDn-Fast Char e OF PrePlannln 500.000 500,000 TOTALS 20p'IB,7 0 560,Mll 3,398,000 6,019,900 400,000 400, June 21, 2022 F - 35 2023-2028 Capital Facilitys Plan and Transportation Impro m art Plan Exhibit City of Port Angeles ITALFACILITIESPLAN mmm WATER PRO(ELTS PTAFus PR TALI' Tile PRIORITY STATUS CONDITION TOTAL PRIORYEARS BUDGET 2022 2. 2025 2026 2021 2028 UNFUNDED CAPWT General Water Equipment R Revolving Good 529,300 141,901 BJ,400 50,000 58000 50,000 50,000 50,000 50,000 Wf0419 Derant Facilitym Transfer Statlon-Water Soils Decant Bays A Active Fair 800,000 12,600 10,000 JJJ,400 - - - - - Wf0218 Reservoir Instrumentation Upgrades A Planning Poor 270,000 7,200 262,800 - - - - - - W 321 Facility Assessment A Planning Fair 9p00 - 9,000 - - - - - - -0221 Race Street Water Main Replacement South A Planning Pair 694,800 59,400 635,400 - - - - - - -0420 Enid,Creek Water Main Re 0, A Pre-Planning Good 220p00 - 220,000 - - - - - - W 619 Peabody Reservoirinlet Pipe Replacement 1 Planning Pair 374,000 - 74,000 - 300,000 - - - - Wf0519 WaterTremment Plant Repairs 2 Planning Fair 198p00 - 198,000 - - - - - - - W 421 Race Street Water Main Replacemem North 3 Planning Pair 121,000 - 125,000 - - - Wf0319 Ground Water Resilienry Program 4 Planning Fair 1,275,000 - 200,000 275,000 600,000 20800o - - - W 121 Whit,Creek&31d Street Main Crossing 5 Planning Poor 520,000 - 120,000 - - - - - - - -0320 Morse Creek Transmission Main Eval/Design 6 Preplanning Poor 440,000 - - 440,000 - - - - - W 612 3rd&Vine Suett Main J planning Fair 403,200 - - 403.200 - - - - - -0219 Peabody Heights Floating Cover Replacemem 8 planning Fair 460,000 - - - 230,000 230,000 - - - - Wf0111 Liberty Street Water Main 9 Design Good 556,200 15,J00 - - 540,SOO - - - - -0412 We kh Street Warer Main to Planning Fair 1,800,000 - - - - - 1.800.000 - - W 12 East 4th Suett Water Main 11 Planning Good 5J6,000 - - - - - - SJ6,000 - - -0212 East 6th Sue.Water Main 12 Planning Good 425,000 - - - - - - - 425,000 Wf0120 Water System S CA CA Upgrade OF Unfunded Poor 715,000 - - - - - - - - 715,000 W 71J Race/Caroline Street Pile Plow UP Unfunded Good 737,000 - - - - - - - - J ,000 Wf0112 10th Street Water Main OF Unfunded Poor 995,500 - - - - - - - - 995,500 -0116 Marine Drive Main Replacemem Phase ll OF UnFunded poor 1,650,000 - - - - - - - - 1,650,000 -0117 Mill Creek Reservoir Expansion OF UnFunded Poor 3,J40,000 - - - - - - - - 3,J40,000 Wf0119 McDougal pressure Subz OF UnFunded Poor JJ0,000 - - - - - - - - JJ0,000 "10214 Transmission Main East of Golf Course Road OF UnFunded Poor 2,502,500 - - - - - - - - 2,502,500 -0217 Airport/Edgewood Drive Warer Main Extension OF UnFunded poor 5,500,000 - - - - - - - - 5,500,000 -0314 Tumwarer Truck Route Commercial Pile I—(LUC UP UnFunded poor 31J,900 - - - - - - - - 31J,900 -0317 Scribner Booster Station Upgrade OF UnFunded Poor F650,000 - - - - - - - - F658000 W 318 View¢est/Laurel lnreaie/PRV OF UnFunded poor 220,000 - - - - - - - - 220,000 W 41J 1st/Laurel Street Fire Flow OF UnFunded poor 422,400 - - - - - - - - 422,400 4 1Oth/11th Alley Water Main Replacement OF UnFunded Poor 165,000 - - - - - - - - 165,000 WfO11J 6th/Laureland Sth Street Fire Flow OF UnFunded Poor JO5,100 - - - - - - - - 705,100 Wf061J Porter Street Zone pRV Improvements OF UnFunded poor 330,000 - - - - - - - - 33a 000 WfO81J S[Andrews place Fire Flow Loop OF UnFunded Poor 583,000 - - - - - - - - 583,000 WFO91J East First Street Fire Flow OF UnFunded Poor 101,200 - - - - - - - - 101,200 -1017 18th Street Fire Flow OF UnFunded Poor 128,600 - - - - - - - - 528,600 WT111J lauridsen Blvd TumwarerFire Flow OF UnFunded Poor 616,000 616,000 -0122 Elwha-Fish Seen FlI ity Improvements 1 planning Fair 200,000 - 200,000 - - - - - - Wf0222 Elwha-EfFluent Distributlon Structure Bypass 2 planning poor 1J0,000 - 15,000 1551 000 - - - - - - Wf0422 Elwha-TemporaryDiversion pumping Facility/Bulkhead proleR 3 pre-planning Fair 2,100,000 - - 100,000 2,000.000 - - - - Wf0522 El- Facility Surylus 4 preplanning Falr 50,000 - - - 50,0 1 - - - - Wf0322 Elwha-3urfare Wafer lmake lmprDvements OF UnFunded Falr 2,000,000 - - - - - - - - 2,000.000 Wf0622 Elwha-Screen House projett OF UnFunded Falr 1,500,000 1.500,000 0 2,431,600 2,325,600 3,JJ0,500 460,000 1,850,000 626,000 4'I5,000 25,'I49,200 CAPITAL FACILITIES PLAN N -Fal Y bl.A U5 CONDITION BUDGET 2022 2023 2024 2025 1 2026 2027 2028 UNFUNDED c'-w 6enenl Wasrewarer Equipment R RevDlving 8arellent a02,900 373,000 129.900 50,000 50,000 50,000 50,000 W000 50,000 WW0319 Wastewater Comprehensive Plan A planning poor 300,000 193,800 106.200 - - - - - - WWo519 Derant Facility atTransfer Statlon-Wasrewarer Soils Derant Bays A Active Fair 800,000 12,600 ]0.000 777,400 - - - - - WW0220 West 41h Street Capacity Improvement A Design Pair 550,000 14,200 .,000 458000 - - - - - WW0121 Facility Assessmem A Planning Fair 9,000 - 9,000 - - - - - - WW0520 Sanitary Force Main Rel-O,(Lees Creek) A Design Fair 220p00 - 220,000 - - - - - - WW0122 Anaerobic Digester Roof Imp rovemems 1 Planning Fair 4,234,000 - 131:400 207,100 207,100 1,140,100 1,140,300 - - -0420 WWfP Potable Warer Air-Gap 2 planning Fair 165,000 - 165,000 - - - - - - 1-419 WWfP HVAC Replacemem 3 planning poor 230,000 - 20,000 30,o00 180,000 - - - - WW0320WWfPSepticTr 1,k Repair 4 Planning Poor 134,000 - - 20,000 114,000 - - - - -0222"A"Sheet lmprovemems 5 Planning Fair 2,627,000 - - - - - 85,9oo 257,SOO 1,141,800 1,141,800 1-S16 V WIP Boiler Replacemem 6 Planning Fair 149,500 - - - - - 51,000 98500 - WW0415PumpSrmion#S Rehabilitation OF Unfunded Poor - - - - - - - - - Unknown WW0915 Pump Statlon#6 lmprovemems OF Unfunded Poor - - - - - - - - - Hn..- 1-110 Aeration Blower Replacemem UP Unfunded Poor 605,000 - - - - - - - - 605,000 1-217 Ennis Creek Force Main Removal OF Unfunded Poor 24J,SOO - - - - - - - - 24J,SOO 1-608 Waste Activated Sludge Thickenings WTP OF Unfunded Poor 1,650,000 - - - - - - - - 1,6'o:oo0 1-115111-d Streets Alley Sewer Separatlon OF Unfunded Poor 132,000 - - - - - - - - 132,000 WW1215 Shane Park Sewer Separatlon OF Unfunded Poor 308,000 - - - - - - - - 308,000 1-315 Pine Hill Sewer Separation OF Unfunded poor 302,500 - - - - - - - - 302,500 1-119 Biosolid Pyrolysis OF Unfunded poor 4,400,000 - - - - - - - - 4,400,000 1-S18 Francis Street Se-Trestle Repair UP Unfunded Poor 55,000 - - - - - - - - 55,000 1-221 Pump Sratlon#17 lmprovemems OF Unfunded Poor - - - - - - - - - Unknown 1-322 Gravity Thickener Rehabilitation OF Unfunded poor F166:000 - - - - - - - - 1,166,000 WW0422 H eadworks lmprovemems OF Unfunded poor 345,000 - - - - - - - - 345,000 WW0522 PumpSrmion#15&161mprovemems OF Unfunded Poor 145,000 - - - - - - - - 145,000 WW0622 PumpS[arion#10 lmprovemems OF Unfunded Poor 1,326,000 - - - - - - - - 1,326,000 WW0J22 PumpSrmion#8lmprovemems OF Unfunded Poor 7 81,000 - - - - - - - - J81,000 -0822 Gavity Thickener Red-d-, OF Unfunded Poor 2,648,000 - - - - - - - - 2,648,000 -0122 Access Road&Septage Receiving lmprovemems DF Dnfunded poor 754,000 - - - - - - - - J54,0o0 V W1022 N,tr ReduNon Sldestream Tem Upgi,de, OF Unfunded 1 poor 5,693,000 5,693,000 30,JJ9p00 593,300 884,100 1,534,900 551,500 1,890,300 2,0212.0 406,000 1,191,600 21,699,800 CAPITAL FACILITIES PLAN 150 PRO PRIORITY PRO(ECT CONDITION PROJECT PRIORYEARS BUDGET2022 2023 2024 2025 2026 2027 2026 UNFUNDED Number Title STATUS TOTAL -o l20 pump Statlon#3 Force1 Replacement A Design I- 3,435,000 - 335,000 3.100.000 - - - - - -11222022Neighborhood Sewer Rehabilitation A Planning Poor 389,000 - 3.9,000 - - - - - - WWO11J Francis Street Pigging Bypass 1 Planning Good 190,000 - 190,000 - - - - - - 1-316 ISO 6 and J Reco 11-lion 2 Planning Fair 20R400 43,400 15,000 HILL- - - - - - - 09182025NeighborhoodSewer Rehabilil-i, 3 planning poor J50,000 - - - - J50,000 - - - WW10182026NeighborhoodSewer Rehabilk-ilk 4 planning poor J50,000 - - - - - J50,000 - - 1-7150ak Strem Sewer Sep-Hon 5 planning Fair 318p00 - - - - 28,000 290,000 - - WWOB151aurelSt-SewerSeparation 6 planning Fair 318p00 - - - - 28,000 290,000 - - WW1118202J Neighborhood Sewer Rehabilil-i, J Planning Poor JSOp00 - - - - - - J58000 - -12222028 Neihborhood Sewer Rehabilk-i, 8 plannin Poor 7SOp00 J50,000 000 June 21, 2022 F - 36 2023-2028 Capital Facilitys Plan and Transportation Imp-m-t Plmi Exhibit City of Port Angeles CAPITAL FACILITIES PLAN BUDGEr 2022 2023 2024 2025 1 2026 2021 2028 UNFUNDED 1W0112 Decent Faulky at Transfer Station A Design Poor 968,J00 89,60E 1J2,000 - SWO11J _FR Operating Software A Active Poor 200,00E 9J,600 102,40E - - - - - - SW0421 Transfer Station A Acive Poor 1,627,80E 780,000 847,80E - - - - - - SW0221 Facility Assessment A Planning Fair 9p00 - 9,00E - - - - - - SW0120 l Fll Pump Station lJ Repair 1 Planning Fair 280,00E - - 280,000 - - - - - SW0121 l Fll Access Road Repair 2 Planning Foor SJJ,000 - - 577,00E - - - - - SW0122 l Fll Automated Paulity Gate 3 Planning Poor 100,00E - - t00,000 - - - - - SW0321 U1,11 lAccess Road Repair-Phase2 OF Unfunded Poor - SW0218 landfill S_ VF_InR OF UnfundeA Poor 220,000 220,000 3,982, 667,20E 1,131,200 1,66410E 220,00E CAPITAL FACILITIES PLAN ATER PR PROiECr PRO�ECr ,ntl PRIORIT' y-pATUS CONDRION TOTAL PRIORYEARS BUDGET 2022 2024 2025 2026 2027 2028 UNFUNDED DR0213 E StreetSrormwater OuUall A DeslRn Poor J42,500 4,50E 92,00E 646,00E - - - - - DR0120 Derant Facility at Transfer Station-Stormwater Soils Decant Bays A Design Fair 1,00.,000 12,60E 10,00E 977,400 - - - - - DR0119 N Street 0u1falllmprovement A Auive Poor 482,500 433,600 48,900 - - - - - - DR0804 Lincoln Park/Big Boy Pond Study 1 Planning Fair 124,000 - 93,000 31,000 - - - - - - DR0322 Park Ave.OutfAl to Peabody Creek 2 Design Poor 450,000 - 450,00E - - - - - - - DR0121 Facility Assessment 3 Planning Fair 9,00E - 9,00E - - - - - - DR0404 Stormwater at Canyon Edge&Ahlvers 4 Planning Fair 3,800,00E J,900 - 292,100 1,460,000 - - - - 2,040,000 DR0215 Fran cis Street OWAI Repair 5 Design Poor 90,00E - 40,00E 50,00E - - - - - DR0304 Stnrmwater at laurel S-S,US 101 6 Planning Poor 775,00E - - - - 130.00E 645.00E - - DRO115 Li-y Street Stormwaterlmprovement J Planning Fair 2,706,000 - - - - - - 24J,000 - 2,459,00E DR0122 lath SC C.1-S,OWAI Improvement 8 Preplanning Fair 700,000 - - - - - - - 117,000 583,00E DR011J Peahody5[rett Water Quality Protect 9 Planning Fair J25,000 - - - - - - 25,000 7 00,000 DR0222 Chase Street Stormwa[erlmprovements 10 Pre-planning Pair 180,00E - - - - - - - 180,00E DR0219 Outfal lro Creek Improvement Program OF UnFunded Poor 1.3,000 - - - - - - - - 183,00E DR0112 Valle Creek Culvert&Ouifall OF Un Funded Poor 1.022,00E 1,022,000 12,9 42,90E 1,996,50E 1,460,00E 130, 645,000 272,00, 997,000 6,287,000 CAPITAL FACILITIES PLAN .EPARTR01 2022 2023 2024 2025 2026 202'I FUNDED E UIPMENT SERVICES Finance 121600 12,60E 39,900 - 40,700 - - CommanityDevelopme-t 87 ,300 B,J00 - - 43,200 44,100 Police 1,906,J00 190,J00 103:000 110,600 163,800 16J,100 1J0,400 1J0,400 142,900 Fire&Metlic 1 7,122,10E 712,20E 89,90E 830,00E 192,50E - - Parks&Recrea800 2,018,300 201,800 102,100 60,600 41,100 110,J00 169,300 335,000 87,000 Eogioeerfog 127,800 12,80E - 83,200 44,60E - LightOperaBoos 2,834,900 283,50E 355,100 131,800 54,700 116,900 28,400 J5,400 Water 1,736,20E 173,600 400,90E 41,100 - 251,40E 408,30E Wastewater 1,615,10E 161,50E 68,30E 40,70E 105,90E - 4410E 34,80E Solid Waste 5,250,500 525,100 3,544,500 - 379,30E 23,300 701,50E 402,60E Stormwater 996,20E 99,60E 375,00E - 245,70E 73,900 301,60E Cooservanon 45,50E 4,60E - - - - 41,100 - E9niPmentServices 1,621,600 162,200 261,50E - 85.200 473.100 92.90E - InfarmatianTetltnalagy 43,10E 4,30E - - Sh'eets 2.910,30E 29100E 547,80E 26,800 268,t00 '-2400 "oo 11020E 89,00E 28k41,200 2,844,12E 6,288,00E 1,2 1,350,100 1,460,50E 1,710,600 1,488,20E CAPITAL FACILITIES PLAN PRIORITY _Ra4Us CONDFION iOiALC PRIORYEARS BUDGET 2022 2023 2024 2025 2026 2027 2028 UNFUNDED IT0714 Data Backup Systems Replacement R Revolving Poor 422,20E 212.200 - - - - - 210,000 - - IT0514 Data Storage Array Systems R Revolving Poor 300,00E - 150,00E - - - - - 150.00E IT0319 N.-I,Refresh R Revolving Poor 280,000 - - - - 280.000 - - - IT0816 Paulity and Class Management Scheduling A Active Poor 10,00E - 10,00E - - - - - - - IT0214 Records Management System A Active Poor 104,10E 14,100 30,00E - 30,000 - 30,000 - - IT0416 Cemetery Software A Acive Poor 30,00E - 30,00E - - - - - - - IT0119 Wireless Bndge A Active Poor 60,00E 24,00E 36,000 - - - - - - - IT0J16 ERP Road Map&Replacement A Planning Poor 2,414,900 65,000 2,349,900 - - - - - - - IT0320 MR]Migration to Arc Pro A Planning Poor 100,00E - 100,00E - - - - - - - IT1018 UPSReplacement-Disaster Recevery Data Center 1 Planning Poor 60,00E - 6000E - - - - - - IT0617 Eeer U-Scheduling Module 2 Planning Poor 30,00E - 30,,00E - - - - - - IT0618 V-A Server Replasments 3 Planning Poor 600,000 - 150,00E - 150,00E - 150.00E - 150,00E - IT0120 Development S ervices Permitting Software UP P-Plan m Poor 100,00E IT0216 Business License System OF Unfunded Poor 125,00E IT0220 On Off Boardln Software OF Unfunded P.., I 25,00E 25,00E TOT 4,661,20E 315,30E 180,00E 210,00E 300,00E 250,00E June 21, 2022 F - 37 2023-2028 Capital Facilitys Plan and Transportation Improver it Plan Exhibit City of Port Angeles CAPITAL FACILITIES PLAN TRANSPORTAT BUDGEr 2022 2023 20 2025 2026 2027 2028 UNFUNDED TR1118 Revolving Sueet Improvements R Revolving Poor 211,500 11,100 90,000 30,000 30,000 30,000 30,000 30,000 30,000 TR0414 Peabody Creek/Lincoln Street Culvert Repair' A Design Poor 3,932,000 93,100 353,900 - 3,485,000 - - - - TR0218 Lincoln Street Safety' A Auive Pair 2,3J8,800 1,879,700 499,100 - - - - - - TR0616 A.-Francis Street' A Active Poor 370,000 14,500 355,500 - - - - - - TRO121 Pavement Management Plan 1 Planning Fair 200,000 - 200,000 - - - - - - TRO115 NStreet Chip Seal(Sth to lath Streets] 2 Design Pair 100,000 - 500,000 - - - - - - TRO518 IStreet Chip Seal(Sth to 16th Streets] 3 Design Poor 450,00a - 450,000 - - - - - - TR0316 Bth Street Chip SeA(ALO 1 Streets) 4 Design Pair 400,000 - 400,000 - - - - - - TR0119 8th Streu Paving(Li-olnto AStreets]' S Design Fair 1,280p00 - 30,000 - 1,250,000 - - - - - TR1J99 Truck Route at Hwy 1011nterseaion' 6 _Planning Fair 7,JJ5,000 - - in,aoo 66"Boo - 7,000,000 - - - TR0420 2023 Pavement Preservation J Planning Fair 400,000 - - 400,000 - - - - - TR0122 First/Front Paving(Lincoln to Tu .-Street]' 8 Planning Fair 1,200,000 - - 100,000 1,100,000 - - - - - TROJ16 ADA-Peabody Street' 9 Planning Poor 3J0,000 - - 20,000 -,000 - - - - TR0618 Stevens Middle School Walking Routes' 10 Planning Fair 930,000 - - 15,000 115,000 800,000 - - - TRO11J Liberty Street Re--- 11 Planning Poor S75,000 - - 15,000 -,000 - - - - TR0221 Marine Dr Paving(Valleyto Hill Street] 12 Planning Fair 1,600,000 - - - - 100,000 1,500,000 - - TR1416 Hamilton Scbool Walking Routes' 13 Planning Poor 1,735,000 I5.000 - - 220,000 1,500,000 - - - TR041J Ennis Streu Pavement Repair 14 Planning Fair 110p00 - - - 110,000 - - - - - TR0419 Laoridsen Blvd Reconstuuion(L St to City Limits]' 15 Planning Poor 1,120,000 - - - - 120,000 1,000,000 - - - TR0915 Park Avenue Paving Overlay(Race to Liberty Streets] 16 Planning Pair S80p00 - - - - 30,000 550,000 - - TRO620 2026 Pavement Preservation 17 Planning Fair 400,000 - - - - - 400,000 - - TRO818 Railroad Ave Overlay 18 Planning Poor 350,000 - - - - - - 50,000 300,000 TR0219 5th Street Chip Seal("A"to"M"Streets] 19 Planning Fair 450,000 - - - - - - 450,000 - TR0720 18th Street Chip Seal 20 Planning Fair 300,000 - - - - - - 300,000 - TR0520 2028 Pavement Preservation 21 Planning Fair 400,000 - - - - - - - 400,000 TR0499 laurel St/ALlvers Road Overlay OF Unfunded Poor 950,000 TROB16 ADA-Cherry Street OF Unfunded Poor 400,000 - - - - - - - - 400,000 TR1015 Cherry Street Area Chip Seal OF Unfunded Poor 950,000 - - - - - - - - 950,000 TR0916 ADA-Oak&laurel Strews OF Unfunded Poor 400,000 - - - - - - - - 400,000 TR1899 Lincoln,lauruandlauridsen Intersection OF Unfunded Poor 2,000,000 100,100 - - - - - - - 1,899,500 TR0104 2nd&Valley Streets Pavement OF Unfunded Poor 7 50,000 - - - - - - - - 7 50,000 TR0308 OStreetlmprovements OF Unfunded Poor 2,000,000 - - - - - - - - 2,000,000 TR0599 Hill Strew lnterseuion Reco,-don UP Unfunded Poor MIS'oo0 - - - - - - - - fi85,000 TR0317 Chase Street Vicinity Chip Seal OF Unfunded Poor 420,000 420,000 TR0405 At,Paving Revolving Funding R Revolving Poor 1"70,100 100 460,000 300,000 - 10,000 400,000 - 400,000 TR1120 Complete Streets Revolving Fund R Revolving Poor J00,000 - - - 300,000 - 2ooBIto - 200,000 TR0621 Waterfront Trail Repairs R Revolving Poor 593,000 104,000 105,200 100,000 100,000 93,800 30.000 30,000 30,000 TR0114 Hill Street-Olympic Discover,-d' A Active Fair 3,941,000 220,100 6,100 - - - - - - 3,714,000 TR0209 Race Street Complete Design&Construuion Phase l' A Auive Pair 5,211,100 643,100 4,608,7 00 - - - - - - TR0918 Downtown Tree/Sid-dk Replacement Ph-IH 1 Punning Poor 500,000 - 300,000 200,000 - - - - - TRO101 laurel Strew Stairs Replacement 2 Design Poor J35,000 300 534,700 200,000 - - - - - TR0120 Signal Controller Upgrades 1,,J nt' 3 Design Fair 1,59J,500 - 237,500 1,360,000 - - - - - TR1399 Traffic Sigallnt-on-l/Preemption 4 Planning Fair 760,000 - 60,000 300,000 300,000 100.000 - - - TR1215 City Hall East Parking Lot LID' S Design Fair 1,333,000 110,600 12,000 1,210,400 - - - - - TROJ15 1 61h Strew LlD(C to L Streets]' 6 Design Fair 1,52J,00a 54,500 112,500 10,000 1,350,000 - - - - TR1020 N Street Solar Speed Display J Planning Poor 30,000 - 30,000 - - - - - - TR0416 1St/2nd/Valley/Oak Green Alley' 8 Planning Poor 581,900 22,200 - 9,7 00 550,000 - - - - TR0919 Tra.-tety Camera Program 9 Planning Fair 35,000 - - 351000 - - - - - TR0821 Facility Assessment 10 Planning Fair k000 - 9,000 - - - - - - TR0909 Waydnding&ODT Sigage 11 Active Poor 400,000 40,600 21,400 138,000 - - - - - 200,000 TR1116 Scbool Area Speed Sign,(Near Franklin) 12 Planning Fair 50,000 - - - 50,000 - - - - - TR0321 Speed Feedback Sign Program 13 Revolving Fair 90,000 - - 30,000 - 30,000 - 30,000 - - TR0220 Traffic Circle Program' 14 Planning Fair 1,600,000 - - - 200,000 1,400,000 - - - - TR0318 8th/lOth Street Bike Lanes' 15 Planning Fair 480,000 - - - - 30,000 -,000 - - TR0222 First/Front Pedestrian Enhancements' 16 Pre-Planning Fair 1,280,000 - - - - 220,000 1,060,000 - - - TR0421 Valley Street Culveu Crossing' 17 Pre-Planning Fair 1,550,000 - - - - 50,000 100,000 1,400,000 - - TR0920 lauridsen Blvd Flashing Beacons 18 Planning Fair 40,000 - - - - 40,000 - - - - TR1109 Marine Drive Bulkhead Repairs 19 Pre-Planning Fair 3,000,000 - - - 50,000 - - - - 2,950,000 TRO113 Waterfront Redevelopment Ph-IH OF Unfunded Poor 20,000,000 - - - - - - - - 20,oOO'000 TR1016 18th Street Bike At-ibility UP Unfunded Poor 1,000,000 - - - - - - - - 1,000,000 TR0212 Caroline Street Slide Repair OF Unfunded Poor 3J5,000 - - - - - - - - 375,000 TR1009 1,4 Front&Race Street Crossings OF Unfunded Poor 423,000 - - - - - - - - 423,000 TROS16 Nanrylane Pavement OF Unfunded Poor 200,000 - - - - - - - - 200,000 TR0506 Valley Creek Trail Loop OF Unfunded Poor 100,000 - - - - - - - - 100,000 TR0208 Alternate Cross-Town Route Study OF Unfunded Poor 220,000 - - - - - - - - 220,000 TR1316 Traffic Control OF Unfunded Poor 300,000 - - - - - - - - 300,000 TR1018 Zig Zag at Oak Street OF Unfunded Poor 600,000 - - - - - - - - 600,000 TR0619 Race Street Complete Construuion Ph-ll UP Unfunded Poor 6p00,000 - - - - - - - - 6,000,000 TROJ19 First&Front Street De-ding OF Unfunded Fair - - - - - - - - - Unknovm TR0819 Sidewalks for Mt Angeles Rd&Porter St OF Unfunded Poor 1p00,000 - - - - - - - - 1,000,000 TR0521 "1"[o"M"P-ingand Sidewalk LID OF Unfunded Fair 2,000,000 - - - - - - - - 2,BILL 000 TR0721 Gales Addition Connector Planning OF Unfunded Fair unknovm ,3f6,400 1588,10 A R u m uF June 21, 2022 F - 38 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , u , s , MEMO Date: June 21,2022 To: City Council From: Emma Bolin,Interim Community and Economic Development Director Subject: Draft Climate Resiliency Plan Summary: The City's Climate Resiliency Plan is part of the City Council 2020-22 Strategic Plan and 2021 Workplan.This plan includes several tasks including the completion of a greenhouse gas inventory measuring both government and community-wide emissions. Working interdepartmentally with consultant Cascadia Consulting,Inc. and the Climate Action Volunteer group,the Department of Community and Economic Development is pleased to present the draft Climate Resiliency Plan for City Council's adoption consideration as a Comprehensive Plan Appendix for the 2022 Comprehensive Plan Annual Amendment. The multiyear public outreach,greenhouse gas emissions inventory, and the Multi Criteria Analysis process are detailed below as well as the body of comments,including the Planning Commission recommendation for approval. The deadline to adopt a Comprehensive Plan Amendment during the 2022 Growth Management Act Annual Amendment cycle is June 30,2022. Funding: Council authorized the City Manager to enter into a contract with Cascadia Consulting in the sum of$78,015 for the Climate Resiliency Plan effort. Recommendation: 1.) Conduct the second reading of the Climate Resiliency Plan ordinance; 2.) Adopt the ordinance approving the Climate Resiliency Plan with staff recommended updates to the draft made after the June 7t1i Public Hearing and authorize the City Manager to make minor changes as appropriate. Background / Analysis: Background On November 17,2020 City Council directed staff to enter into a contract with Cascadia Consulting to complete four tasks: Task 1 —Kick-Off Meeting& Pro]ect Management Task 2—Public Outreach&Participation Plan Task 3 —Community&Municipal Greenhouse Gas Inventory Task 4—Climate Resiliency Plan A project kick-off meeting (See Appendix C of the Planning Commission Staff Report)took place in January of 2021 with City Staff, City Council Climate Action Subcommittee members,Planning Commission CAPG members, a volunteer member of the CAPG, and the Clallam County Internal Climate Taskforce Leader. June 21, 2022 G - 1 A Greenhouse Gas Inventory(See Appendix B of the Planning Commission Staff Report) and Public Outreach Plan(See Appendix D of the Planning Commission Staff Report)were adopted in coordination with city staff,Planning Commission,the Council Climate Action Subcommittee, and CAPG volunteer input. Staff also led the Planning Commission in a Climate Action SWOT analysis of each Comprehensive Plan element(See Appendix E of the Planning Commission Staff Report).These initial planning efforts helped to guide the creation of the Climate Resiliency Plan and will streamline integration of goals and policies into the Comprehensive Plan in the future. The proposed Comprehensive Plan Amendment is to add the Climate Resiliency Plan as an associated document. Two virtual community workshops took place at integral steps in the plan's development. The first,on November 17,2021 focused on the goals and priorities of the plan (See Appendix F of the Planning Commission Staff Report).The second workshop,held on March 16th focused on the Plan's strategies, actions,and multicriteria analysis(See Appendix G of the Planning Commission Staff Report). Each step was initiated by staff and the consultant and was reviewed by the CAPG volunteers,Planning Commission, and Council Climate Action Subcommittee. Each of these processes informed the next step and the focus of engagement opportunities.The collective result of all aforementioned individual efforts is the Draft Climate Resiliency Plan provided as Appendix A of Planning Commission Staff Report staff report. Task 3- Greenhouse Gas Study Task 3 Greenhouse Gas Inventory results were presented on October 19,2021 to the City Council in a memo and staff presentation. The greenhouse gas study is broken into both municipal government and community-wide inventories and categorizes emissions into several sectors,including: Municipal Government Emissions Community Emissions -Buildings&Facilities • Commercial Energy -Streetlights&Traffic Signals • Industrial Energy -Vehicle Fleet • Process&Fugitive Emissions -Solid Waste Facilities • Residential Energy -Water&Wastewater Treatment Facilities • Solid Waste • Transportation • Upstream Impacts of Activities • Water&Wastewater Task 4—Climate Resiliency Plan The plan is built to mirror the planning and public engagement process that was detailed in the executive summary. It introduces the purpose and background of the plan,details the process and results of the greenhouse gas inventory,describes the goals, strategies and actions, and outlines the planned next steps for an implementation process that is scheduled to begin in June 2022. The Resiliency Plan itself is broken down into five sectors. The sectors include: • Community Health and Wellbeing; • Ecosystem Health; • Transportation; • Buildings and Energy; and • Consumption and Waste June 21, 2022 G - 2 Each sector includes goals that focus on the broad interest of the sector,city progress, and community- wide progress.The first public workshop served to direct what goals should be included and what goals didn't fit Port Angeles' unique circumstances. Two strategies defining the success of the plan are included in each sector and actions are provided that define how that success will be achieved. In all, 55 actions are included in the plan,40 of which Cascadia analyzed using a multicriteria analysis(MCA)to evaluate the actions' relative performance based upon impact,equity, affordability, feasibility,community support, and co-benefits. The MCA process is new to the City's comprehensive planning efforts.The process is designed to assess a representative set of priority actions as well as actions that may be controversial or need additional refinement. It is important to note this means that some of the most promising actions were intentionally excluded from the MCA,due to high confidence each would be included in the goals and policies of the Plan during a future Comprehensive Plan update. Conversely,less promising actions (e.g.,less impactful, more controversial)were included in the MCA,to gather more data on whether they were appropriate for Port Angeles to pursue. Whether or not an action was evaluated with the MCA is not an indicator of its overall level of priority,impact,or importance—all actions in the Plan are recommended for implementation. Finally,the Resiliency Plan features indicators for cost,co-benefits, feasibility, impact,equity, affordability, and community support that serve to measure the relative success various strategies and actions developed during the outreach process achieve in meeting the goals within that element.The indicators provide a metric for the relative success of the Plan's strategies and actions that serve to improve each sector and, as an outcome,quality of life in the City of Port Angeles. Public Review Process-Planning Commission Recommendation On May 11,2022 the Planning Commission opened the public hearing for the adoption of the Climate Resiliency Plan into the Comprehensive Plan. Public comments and comments made by the Planning Commission members can be found in Appendix K—Public Comment Matrix of the Planning Commission Staff Report. The Planning Commission made a motion to continue the public hearing to the May 25,2022 Planning Commission meeting. At the May 25t1i meeting,the Planning Commission passed 4 motions to amend the Climate Resiliency Plan: Motion 1: Strike Actions 46 and 47 from the Plan. Motion passed 7-0 Actions 46 (Climate-smart finance policies) and 47 (Retrofit building for vulnerability)support the City's efforts to "disincentivize"development in high-risk and shoreline environments using various tools (property recording,managed retreat,retrofit) and a sea level rise vulnerability assessment. Public and Planning Commissioner comment focused on these two actions for several reasons (See Appendix K— Public Comment Matrix of the Planning Commission Staff Report): 1. Stigma towards the terms"disincentivize" and"managed retreat"; 2. Concern that the City would abandon all shoreline development; 3. Action 47 being broader than its title suggests; 4. The City overreaching in its authority over private property; and 5. The actions are not assisting in providing options for better development. Instead,they are punishing existing and"bad"new development,where "bad"subject to definitionby the City. Staff Response to Motion 1: Staff finds that much of this negative feedback is due to the use of terminology that is not well defined in the plan and also descriptions that offer both broad and specific June 21, 2022 G - 3 options for implementation. The actions were rewritten to focus on capital facility development and pursuing alternatives for better development in high-risk areas that are prone to erosion,landslide, and flooding. Motion 2: For the action items outlined for consideration in the Climate Resiliency Plan,the commission recommends a shortlist of actions be prioritized and a cost benefit analysis be conducted to confirm the viability for implementation and to identify trade-offs. Motion passed 7-0 Staff Response to Motion 2: Staff agrees with the motion's intent to get a short list of actions ready for implementation with a cost/benefit analysis. The NODC is providing funding to develop an Implementation Plan of the Climate Resiliency Plan that will allow this operation to take place. Council should allow for this motion's request to take place during the more appropriate implementation planning phase of this Plan's development. The City Council and Planning Commission Climate Action subcommittee members will be stakeholders in the process,which will conclude in October 2022. Motion 3: Replacement of the three instances of the phrase "carbon neutral"with"reduction of greenhouse gas emissions".Motion passed 4-3 Staff Response to Motion 3: Staff created a call-out box early in the document that specifically defines the term"carbon neutral".Long range plans are aspirational and carbon-neutrality is a worthwhile goal and metric for the plan to aspire to. Motion 4: Recommend approval of the 2022 Annual Comprehensive Plan Amendment(Application No. 22-35)citing the Appendices A—K and 3 conclusions in support of that action and include: 1. Additional changes to the Climate Resiliency Plan approved by the Planning Commission; and 2. Allowance of any minor changes based upon continued public comment and staff input. Motion passed 5-2,with Commissioners Young and Smith dissenting due to concerns with the Plan's length and ability to implement. Staff Response to Motion 4: Staff agrees with this motion. Updates to Plan Since June 7'h Public Hearing The following changes have been incorporated into to the Draft Climate Resiliency Plan based upon public comment and City Council feedback provided at the June 7'Public Hearing: • The request to include net ecological gain into Action 21 is recommended for City projects only. Net ecological gain requirements for private property is inconsistent with WA Shoreline Management Act due to disproportionate exactions on private property,which has unconstitutional takings implications.The action has been updated accordingly. • The terminology"carbon neutral"has been reincorporated into the Plan and provided a descriptive call out. • Inclusion of regional and international food security in the action description for Action 2 • Action 33 has been revised to distinguish between battery electric vehicles and fuel cell electric vehicles. June 21, 2022 G - 4 • Actions 46 and 47 are being reintegrated into the plan with language that is more descriptive and related to resilience and adaptation. Funding Overview: The City has contracted with Cascadia Consulting Group to complete the Climate Resiliency Plan tasks in the amount of$78,015. Attachments: Climate Ordinance Planning Commission Minutes of May 11,2022 and Draft Minutes of May 25,2022 Planning Commission Staff Report Appendix A—Draft Climate Action Plan Appendix B—Greenhouse Gas Inventory Council Memo Appendix C—Kick Off Meeting Appendix D—Public Outreach Plan Appendix E—Planning Commission Comprehensive Plan SWOT Analysis Appendix F—November 19 Workshop Results Appendix G—March 16 Workshop Results Appendix H—MCA Approach Appendix I—MCA Matrix Appendix J—CAPG MCA Results Appendix K—Public Comment Matrix June 21, 2022 G - 5 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, adopting the Climate Resiliency Plan and amending the Port Angeles Comprehensive Plan to incorporate the Climate Resiliency Plan. WHEREAS, the City of Port Angeles first adopted a Comprehensive Plan in 1965 by Ordinance No. 1560and last updated the Comprehensive Plan June 18 2019; by Ordinance No. 3 62 1; and WHEREAS, each year the City conducts an annual amendment cycle for the Comprehensive Plan to ensure a consistent review and evaluation of the Plan and City development regulations occurs and, if needed, propose revisions to ensure the plan and regulations comply with the State of Washington's Growth Management Act; and WHEREAS, in February of 2020 City Council directed staff to pursue a consultant to complete the City's climate resiliency planning effort; and WHEREAS, in November of 2020 City Council approved the selection of Cascadia Consulting to complete four tasks: (1) Kick-Off Meeting & Project Management, (2) Public Outreach & Participation Plan, (3) Community & Municipal Greenhouse Gas Inventory, and (4) Climate Resiliency Plan; and WHEREAS, a municipal and community-wide greenhouse gas study was completed in October 202lusing 2019 as a baseline for data analysis; and WHEREAS, a multicriteria analysis was performed on 40 of the 70 actions presented for potential inclusion into the Plan; and WHEREAS, the Planning Commission held two public work sessions in November 2021 and March 2022 to provide the opportunity for public input and address all elements of the Plan; and, 1 June 21, 2022 G - 6 WHEREAS,input was received by City staff,the City Council and Planning Commission Climate Action Subcommittees, the Climate Action Volunteer Group, and members of the Community; and WHEREAS, that input was evaluated and incorporated into the Climate Resiliency Plan; and WHEREAS, the Planning Commission held a public hearing concerning a proposed adoption of a Climate Resiliency Plan and incorporation into Amended Comprehensive Plan on May 11 and May 25, 2022; and WHEREAS, after considering all the data, facts,presentations,testimony, comments, and other materials relating to the proposed Climate Resiliency Plan, the Planning Commission adopted the Findings and Conclusions,which are attached hereto as Exhibit"A; and WHEREAS, after adopting the Findings and Conclusions, the Planning Commission approved and recommended to the City Council the Climate Resiliency Plan for the City of Port Angeles,which is attached hereto as Exhibit"B"; WHEREAS, the City Council held a public hearing concerning the proposed Amended Comprehensive Plan on June 7 and 21, 2022; and WHEREAS, the Planning Commission has transmitted a copy of its recommendation to the City Council and the City Council has considered the Commission's recommendation; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAINS as follows: Section 1. The Findings and Conclusions of the City of Port Angeles Planning Commission, attached hereto as Exhibit"A" and incorporated herein by this reference, are hereby adopted. Section 2. The Climate Resiliency Plan for the City of Port Angeles, attached hereto as Exhibit "B" and incorporated herein by this reference, is hereby adopted and incorporated into the Comprehensive Plan of the City. Section 3. A copy of the Climate Resiliency Plan shall be kept on file with the City Clerk and shall be available for public inspection. 2 June 21, 2022 G - 7 Section 4. This Ordinance, being an exercise of a power specifically delegated to the City legislative body,is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of June, 2022. Kate Dexter, Mayor ATTEST: APPROVED AS TO FORM: William E. Bloor, City Attorney Karl Martinez-Bailey, City Clerk PUBLISHED: June 2022 By Summary 3 June 21, 2022 G - 8 Exhibit A PZ 22-35 Findings of Fact and Conclusions Findings of Fact: Section 18.04.040-Annual amendment cycle. All proposed amendments to the Comprehensive Plan shall be considered concurrently on an annual basis from July 1st through June 30th and shall be adopted no more than once during said period, except that amendments conforming to the GMA may also be adopted whenever an emergency exists. Amendment proposals should be submitted, public hearings will be conducted, and action shall be taken, in accordance with the following schedule: A. Comprehensive Plan amendment proposals shall be submitted no later than March 31st; Staff Analysis: The Comprehensive Plan amendment proposal was submitted as a part of the 2022 City of Port Angeles work plan. B. The Washington State Department of Community,Trade and Economic Development (CTED) shall be notified of Comprehensive Plan amendment proposals no later than May 1st; Staff Analysis: The Planning Commission provided notice to the Washington State Department of Commerce on April 22, 2022. C. Planning Commission hearings will be conducted prior to or during May; Staff Analysis:A Planning Commission public hearing is scheduled for May 11, 2022. D. City Council hearings will be conducted prior to or during June; Staff Analysis:A City Council public hearing is scheduled for June 7, 2022 E. The City Council's decision shall be rendered no later than June 30th and shall be transmitted to CTED within ten days after final adoption. The proposed amendments meet the requirements of the Washington State Department of Commerce for periodic updating of the Comprehensive Plan. The requirements of the Washington State Department of Ecology to modify the City's approach to stormwater management have been incorporated into the Comprehensive Plan. Staff Analysis:A City Council Decision is scheduled for June 21, 2022. Section 18.04.060-Comprehensive Plan amendment elements. Comprehensive Plan amendments shall address the following elements: A. Demonstration of why existing Comprehensive Plan provision(s) should not continue in effect; Staff Analysis: The proposed amendment is adding a Climate Resiliency Plan to the Comprehensive Plan as an associated document. The proposal is integrating new policy that does not directly replace or conflict with existing goals and policies. B. Demonstration of how the amendment complies with the Growth Management Act's goals and specific requirements; Staff Analysis:Proposed changes are not in conflict with the Plan's current compliance with the Growth Management Act, as they are meant to make the current Plan reflect current issues facing the City of Port Angeles over the next 20 years. C. Demonstration of how the amendment complies with the County-wide planning policies; June 21, 2022 G - 9 Exhibit A Staff Analysis:Proposed changes are not in conflict with the Plan's current compliance with the Clallam County-Wide Planning Policies as they are proposing municipal and citywide practices that are more sustainable, reduce environmental impacts, reduce waste, and promote regional economic and environmental resilience. D. Demonstration of how the amendment is consistent with the Capital Facilities Plan and the comprehensive services and facilities plans; Staff Analysis: Proposed changes may instigate the revision of some of the Capital Facilities Plan projects. The Climate Resiliency Plan is not directive it is a policy document that includes goals to reduce the city's carbon footprint using greenhouse gas emissions as a metric. The Plan's policies include draft indicators that will assist in measuring the success of the Plan's implementation. The Plan poses no conflict. It does propose changes to city operations and capital projects to be more sustainable, cost effective, consider long range effects, reduce environmental impacts, reduce waste, and promote regional and environmental resilience. E. Demonstration of how the amendment is in the public interest and is consistent with the public health, safety and welfare; Staff Analysis: Proposed changes continue support of the public interest and seek to improve public health, safety, and welfare by providing policy guidance to reduce cost of City services promote sustainability, consider long range planning and economic decision-making, reduce environmental impacts, reduce waste, and promote regional and environmental resilience. F. Consideration of the cumulative effect of all proposed Comprehensive Plan amendments. Staff Analysis: The cumulative effect of the proposed amendment is a Plan that better prioritizes sustainable City development and better directs the City Council in its efforts to improve the City of Port Angeles for the benefit of all its residents and the environment. 18.04.080-Comprehensive Plan amendment public hearings and notice. A. Public hearings on Comprehensive Plan amendments shall be conducted by the Planning Commission and the City Council in accordance with the schedule set forth in PAMC 18.04.040. Staff Analysis: Public Hearings will be held on May 11, 2022 for the Planning Commission and June 4, 2019 for the City Council. B. Notice of public hearings on Comprehensive Plan amendments shall be provided in the same manner as set forth in PAMC 17.96.140 for public hearings required pursuant to the Zoning Code. Staff Analysis:Notice has been provided via the City Website on May 5, 202Z City Notice board on May 6, 202Z and Peninsula Daily News legal advertisement on May 7, 2022. 18.04.090-Comprehensive Plan amendment decisions. A. The Planning Commission shall make a recommendation to the City Council on all Comprehensive Plan amendments. Staff Analysis: Staff has incorporated suggested edits from the Planning Commission and has recommended that the Planning Commission recommend approval of the 2022 Comprehensive Plan Amendments on either May 11, 2022 or May 25, 2022 with a continued public hearing. June 21, 2022 G - 10 Exhibit A B. The City Council shall make the final decision on all Comprehensive Plan amendments. The Council's decision shall be supported by written findings and conclusions, which shall address the elements set forth in PAMC 18.04.060. Staff Analysis: City Council will make a final decision on the 2022 Comprehensive Plan Amendment on June 21, 2022. Conclusions: 1. The proposed amendments to the Comprehensive Plan are in compliance with the State's requirements for updating the Comprehensive Plan under the Growth Management Act and with Section 18.04.040 of the Port Angeles Municipal Code. 2. The Comprehensive Plan amendments are not in conflict with the City's development regulations or Capital Facilities Plan and will not reduce the level of service required by the Comprehensive Plan for those urban services necessary to serve development projects. 3. The Comprehensive Plan was last thoroughly reviewed and amended in 2019. This 2022 amendment is a part of a City recognized annual amendment cycle. June 21, 2022 G - 11 5 0 Z w ° c m s (o Q v _ — Q E d a-� V C O - - p N +' O >- uJ Q D V -O 0 E m N M v Q N V N Z -O bA v 0 -O D M io 0 Q V Y.I co '� V io co N V O -O -O cp — uJ _ > N N C E J — Q C C v -6 ° U M Q w N C m �° z O > W V v O C N � N pp co N E O M OC N C C O � a�-� M N io .�CL p Q c O O N C -O a�-� — a-� M C _ `� D M v C OU -0 0 - Q ° v a C C V — Q Q G -O w O E N L - 'T um N V O _ _ J N N : O N w 0 -o O C E N N t6 -6 O V V C > _ N CT C Ccm O " Q _° " O N N E O C o — Q Q m 6 '" E E n v c 0 U E v 0 N N C N v) V V '— C O N D w w N m -0 C � O U d E co O m W `>. C bA i - >, C 7 E E U C �' bA N Z F ° N N C C E N Q H C d C V V C _° N 7 a-' C O C -6 °- 0 vi N -O ° Oi_ �O co p >' D O 0 E Q m C C N V co v E Q > c "' O V N 00 ° O > CO > O u u v O Q co 7 O O N C -6 Q C 'bA N N V t6 O C i N bA -O 41 N v N O C MU M O � C .N O N ? 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Smith,Police Chief Subject: Intrado"Viper" Software Refresh and Upgrade of Existing 9-1-1 Phone System Summary: The Intrado Life and Safety Solutions Corporation is the sole manufacturer of the Viper phone system that operates inside PenCom. The system is due for a software refresh and upgrade as well as the replacement of some of the hardware. The purpose of this project is to ensure that the 9-1-1 phone system in PenCom operates reliably and maintains peak performance. Funding: This project is included in the proposed 2023-2028 City of Port Angeles Capital Facilities Plan under project PD0322—PenCom 911 Phone Equipment. The Washington State 9-1-1 Office has informed the City that our request for grant funding has been approved.This grant will reimburse the project cost up to $147,722.00. The balance of the expenditure ($12,529.50) that is not reimbursed by the State of Washington will be funded by the PenCom Capital fund held at Clallam County. Recommendation: Approve and authorize the City Manager to sign a Viper phone system upgrade agreement in the amount of$160,251.50 plus tax with Intrado Life & Safety Solutions Corporation and to make minor modifications to the documents as necessary subject to approval of the proposed 2023- 2028 Capital Facilities Plan. Overview: Staff is requesting approval for a sole source agreement and subsequent expenditure with Intrado to upgrade and refresh the proprietary Viper phone system. The City previously purchased the Viper phone system that powers all the PenCom 9-1-1 and non-emergency phones. This system is due for an upgrade and refresh to maintain peak performance and reliability. Intrado is the only company that can upgrade and refresh their Viper phone system. Funding:The expenditure of$160,251.50 plus tax will be grant funded in the amount of$147,722.00 with the remaining $12,529.50 reimbursed by the PenCom capital account. June 21, 2022 J - 1 Company Name: Intrado Life& Safety Solutions Corporation System Upgrade for Peninsula Communications, WA (Direct Sale) Quote Number: 70592 Version: 2 June 03, 2022 ACCEPTED AND AGREED: Total Purchase Amount: $160,251.50 Customer Entity Name: Peninsula Communications, WA By: Name: Title: Date Signed: By signing above, Customer acknowledges and agrees with the terms of the box checked below: A customer purchase order is required to pay any invoice relating to this quote. Customer acknowledges that Intrado will not ship any equipment or software, or commence any services, until it has received customer's corresponding purchase order. X A customer purchase order is NOT required to pay any invoice relating to this quote. The signature above authorizes Intrado to ship, provide services, and invoice customer. June 21, 2022 J - 2 June 21, 2022 J - 3 Summary-PENCOM Item Cost Systems $83,531.50 Services $44,900.00 Recurring Services $3,570.00 Maintenance $28,250.00 Total: $160,251.50 Year Systems Professional Recurring Maintenance Totals Services Services Services Year 1 $83,531.50 $44,900.00 $3,570.00 $28,250.00 $160,251.50 Totals $83,531.50 $44,900.00 $3,570.00 $28,250.00 $160,251.50 June 21, 2022 J - 4 Configuration Parameters-PENCOM Site Configuration Total Positions 5 Total Number of E9-1-1 CAMA Trunks 0 Total Number of FXO Lines 0 Total Number of ISDN-PRI channels(T1) 0 SIP Not Included ECCP Not Included PowerOPS 0 VIPER ACID 0 Add-on for Radio Recorder Not Included AntiVirus 11 CPE Provider NULL Systems VIPER $33,138.00 Power Stations $28,500.00 Power 911 $0.00 Power Metrics Setup Fees $5,250.00 Power 911 Hardware $5,877.00 Common Hardware $5,536.50 Peripheral Hardware $990.00 Freight Charges $2,490.00 Professional Services Staging $3,000.00 Project Survey $4,050.00 Installation $16,350.00 Refresher Training $9,000.00 Training Cutover Support $2,050.00 CCS Training $1,500.00 Project Management Services $10,700.00 Recurring Services Power Metrics Recurring Services $3,570.00 Maintenance Total Protection Services $12,500.00 On-Site Maintenance $15,750.00 Optional Items On-Site Maintenance $66,213.65 Peripheral Hardware $5,412.79 Total Protection Services $50,000.00 Power Metrics Recurring Services $14,280.00 June 21, 2022 J - 5 Site: PENCOM Item# Description Qty List Price Selling Price Total VIPER 912807/BB 4 foot Cabinet Prebuilt Building 1 $16,948.00 $16,948.00 $16,948.00 Block 911830 VIPER Gateway Chassis G3 1 $1,320.00 $990.00 $990.00 912811/U Application Server Position Access 6 $497.50 $0.00 $0.00 License Upgrade 912812/U PBX Access License Upgrade 5 $322.50 $0.00 $0.00 911834 AIM G3 4 $1,400.00 $1,050.00 $4,200.00 P10008/U License to Connect Non-Intrado 1 $997.50 $0.00 $0.00 Recording Device- Upgrade 911SIP/U 9-1-1 Ingress via SIP - License per 5 $247.50 $0.00 $0.00 position Upgrade 912820/24 Cisco C3650-24-TS-S 24 port Switch 2 $5,500.00 $5,500.00 $11,000.00 (with stacking module) Subtotal $33,138.00 Power Stations P10097 24" LED Backlit Monitor 5 $420.00 $420.00 $2,100.00 914600/3 IWS External Programmable Keypad 5 $135.00 $135.00 $675.00 - 24 Buttons 911810-1/BB Power Station Bundle 5 $6,860.00 $5,145.00 $25,725.00 Subtotal $28,500.00 Power 911 913100/U Power 911 Client and Server Access 5 $5,995.00 $0.00 $0.00 License- Upgrade Subtotal $0.00 Power Metrics Setup Fees P10193/1 Power Metrics Advanced - Data 1 $4,000.00 $4,000.00 $4,000.00 Collector: single RDDM P10303 Power Metrics Suite- Friendly Trunk 1 $1,250.00 $1,250.00 $1,250.00 Line Name Manager Module Subtotal $5,250.00 Power 911 Hardware 914961 IWS Server RACK Bundle-Type B 1 $5,877.00 $5,877.00 $5,877.00 Subtotal $5,877.00 Common Hardware P10114/R Backup Disk Solution for Windows 1 $3,400.00 $3,400.00 $3,400.00 Server(Rack-Mount) P10298 KVM Hardware 1 $2,136.50 $2,136.50 $2,136.50 June 21, 2022 J - 6 Subtotal $5,536.50 Peripheral Hardware 915109/P Alarm Panel (Includes Power Supply) 1 $990.00 $990.00 $990.00 Subtotal $990.00 Staging 950852 Front Room Equipment Staging- Per 5 $250.00 $250.00 $1,250.00 Position 950853 Back Room Equipment Staging - Per 1 $1,750.00 $1,750.00 $1,750.00 Cabinet Subtotal $3,000.00 Project Survey P10313 Project Survey(per Site) 1 $1,800.00 $1,800.00 $1,800.00 P10319 Living Expense per Day per Person 3 $250.00 $250.00 $750.00 P10351 Travel Fee per Person 1 $1,500.00 $1,500.00 $1,500.00 Subtotal $4,050.00 Installation P10314 Professional Services(per Day) 7 $1,800.00 $1,800.00 $12,600.00 P10319 Living Expense per Day per Person 9 $250.00 $250.00 $2,250.00 P10351 Travel Fee per Person 1 $1,500.00 $1,500.00 $1,500.00 Subtotal $16,350.00 Refresher Training 960780 Power 911 Administrator Training 1 $1,500.00 $1,500.00 $1,500.00 960801 Power 911 User Training 3 $1,500.00 $1,500.00 $4,500.00 P10319 Living Expense per Day per Person 6 $250.00 $250.00 $1,500.00 P10351 Travel Fee per Person 1 $1,500.00 $1,500.00 $1,500.00 Subtotal $9,000.00 Training Cutover Support P10318 Post-Cutover Services 1 $1,800.00 $1,800.00 $1,800.00 P10319 Living Expense per Day per Person 1 $250.00 $250.00 $250.00 Subtotal $2,050.00 CCS Training P10087 CCS Training 1 $1,500.00 $1,500.00 $1,500.00 Subtotal $1,500.00 June 21, 2022 J - 7 Project Management Services 950510 Project Management Services 1 $0.00 $10,700.00 $10,700.00 Subtotal $10,700.00 Freight Charges FREIGHT Shipping and Handling 1 $0.00 $2,490.00 $2,490.00 Subtotal $2,490.00 Power Metrics Recurring Services P10207 Power Metrics Advanced -5-9 pos. 1 $2,610.00 $2,610.00 $2,610.00 annual service per PSAP-Year 1 P10219 Power Metrics Suite-Annual access 1 $960.00 $960.00 $960.00 contract per PSAP-Year 1 Subtotal $3,570.00 Total Protection Services P10349 Total Protection Service, Primary 5 $2,500.00 $2,500.00 $12,500.00 Position-Year 1 Subtotal $12,500.00 On-Site Maintenance 950999/ONS1-1/1 On-Site Maintenance, (per position/ 5 $3,150.00 $3,150.00 $15,750.00 year for 1 to 10 positions) -Year 1 Subtotal $15,750.00 Total $160,251.50 June 21, 2022 J - 8 Site: PENCOM-Optional Optional Maintenance Services Item# Description Qty List Price Selling Price Total Total Protection Services P10349 Total Protection Service, Primary 5 $2,500.00 $2,500.00 $12,500.00 Position-Year 2 P10349 Total Protection Service, Primary 5 $2,500.00 $2,500.00 $12,500.00 Position-Year 3 P10349 Total Protection Service, Primary 5 $2,500.00 $2,500.00 $12,500.00 Position-Year 4 P10349 Total Protection Service, Primary 5 $2,500.00 $2,500.00 $12,500.00 Position-Year 5 Subtotal $50,000.00 On-Site Maintenance 950999/ONS1-1/1 On-Site Maintenance, (per position/ 5 $3,213.00 $3,213.00 $16,065.00 year for 1 to 10 positions) -Year 2 950999/ONS1-1/1 On-Site Maintenance, (per position/ 5 $3,277.26 $3,277.26 $16,386.30 year for 1 to 10 positions) -Year 3 950999/ONS1-1/1 On-Site Maintenance, (per position/ 5 $3,342.81 $3,342.81 $16,714.05 year for 1 to 10 positions) -Year 4 950999/ONS1-1/1 On-Site Maintenance, (per position/ 5 $3,409.66 $3,409.66 $17,048.30 year for 1 to 10 positions) -Year 5 Subtotal $66,213.65 Site: PENCOM-Optional Optional Recurring Services Item# Description Qty List Price Selling Price Total Power Metrics Recurring Services P10207 Power Metrics Advanced -5-9 pos. 1 $2,610.00 $2,610.00 $2,610.00 annual service per PSAP-Year 2 P10219 Power Metrics Suite-Annual access 1 $960.00 $960.00 $960.00 contract per PSAP-Year 2 P10207 Power Metrics Advanced -5-9 pos. 1 $2,610.00 $2,610.00 $2,610.00 annual service per PSAP-Year 3 P10219 Power Metrics Suite-Annual access 1 $960.00 $960.00 $960.00 contract per PSAP-Year 3 P10207 Power Metrics Advanced -5-9 pos. 1 $2,610.00 $2,610.00 $2,610.00 annual service per PSAP-Year 4 P10219 Power Metrics Suite-Annual access 1 $960.00 $960.00 $960.00 contract per PSAP-Year 4 P10207 Power Metrics Advanced -5-9 pos. 1 $2,610.00 $2,610.00 $2,610.00 annual service per PSAP-Year 5 P10219 Power Metrics Suite-Annual access 1 $960.00 $960.00 $960.00 contract per PSAP-Year 5 Subtotal $14,280.00 June 21, 2022 1 - 9 Site: PENCOM-Optional Optional Items and Services Item# Description Qty List Price Selling Price Total Price Peripheral Hardware 914514 Color Laser Printer 1 $1,062.79 $1,062.79 $1,062.79 600150 Punch Blocks and Cheat Cable M/M 2 $300.00 $300.00 $600.00 960103 Network Cabling 15 $250.00 $250.00 $3,750.00 Subtotal $5,412.79 June 21, 2022 1 - 10 Notes 1 Quote provides pricing to upgrade PENCOM's VIPER system as a standalone site. Upgrade to Intrado software products have been provided at no cost, based on the active Software Subscription contract. If this agreement is no longer valid or has expired at the time of acceptance, upgrade to Intrado software will be charge at the current rate and the quote will be revised to reflect current upgrade pricing. 2 Total Protection Service provide: • 24/7 VIPER Alarm (NOC) Monitoring • 24/7 Remote Technical Support • Access to all product software updates, enhancements,and new feature releases. • Access to all future Call Handling platform upgrades at no additional cost • Hardware repairs and hardware updates to ensure the Intrado VIPER system is operating at peak • performance for the duration of system life cycle.ii • Anti-Virus Update Service • OS Update Service • Cisco IOS updates for standard Intrado supplied Cisco LAN switches Conditions not covered under this Service offering • On-site support services are not included, but available for separate purchase. • Customer is responsible for the installation of all software maintenance releases, unless On-Site Maintenance Services are purchased. If On-Site Maintenance has not been purchased and the customer prefers to have Intrado deploy a new release, Intrado will assign personnel to perform the upgrade on a mutually agreed upon date at Intrado's then current rate for such Professional services. • Installation support for Call Handling platform upgrades. Installation services can be purchased separately from Intrado. • Assistance with third-party software or hardware not provided by Intrado. • Assistance with user configuration, usage scenarios,and items covered in standard end user training or operating manuals provided to the customer. Support for these subjects is available through purchase of end-user training curriculum. • Assistance with Geographic Information Systems(GIS)data updates performed by the end user or resulting problems. • Replacement of non-operational hardware not provided by Intrado. • Replacement of non-operational workstation monitors. • Hardware items deemed to be non-functional as a result of abuse, Force Majeure or other actions. • Installation of the replacement hardware, unless On-Site Maintenance Services are purchased. 3 Professional Services:This quote represents an estimate of labor costs to perform the work described in this quote. If the amount of labor needed to correct the issue can't be accomplished time allotted in this quote, Intrado will contact the customer representative before performing additional labor. If the actual labor to perform the work is significantly less than the amount quoted,the final charge may be adjusted. 4 The Project Survey is intended to identify any additional miscellaneous equipment or services required to ensure smooth installation and operation of the quoted system.Additional costs may be incurred upon completion of the Project Survey. June 21, 2022 J - 11 5 Comprehensive Project Management This is a service offered to partners that do not have a Project Manager assigned to the project,where Intrado's Comprehensive Project Management(CPM) provides a Project Manager that coordinates all project activity. The CPM provides complete,end-to-end project management support and services that could include on-site support, project documentation,formal reporting,as well as coordination of deliveries both internally as well as with the partner and the end customer. The CPM level of service includes all services in the basic level plus the following: • Site survey is reviewed (or initiated and then reviewed)to verify that site and system environment are ready for installation • Scope of Work is completed (includes a Project Schedule of key dates) • Review system design • Site and/or network diagram are completed as required • 3rd Party contractors included in the sales order are contacted and managed • Project kick-off meeting is scheduled with the end customer and held via conference call or optionally on site • Comprehensive risk assessment and mitigation planning • Overall project coordination • Weekly project status meetings are scheduled, led and documented • Customer configuration for staging is collected and communicated • Equipment staging(if ordered) and shipping is managed" • Coordinate on-site delivery • Equipment receipt and inventory is validated • Intrado resources are scheduled and managed with project implementation and cut-over requirements • Maintain all project related communications and documentation • Complete Site Book for delivery to end customer at time of handover to service • Variable: Project Manager Presence on-site(with additional per day and travel cost components).This is typically required for project kickoff(if on-site),final site evaluation, and cut-over project management services On-site Support Services are primarily designed to assist with issues that require system expertise in troubleshooting and restoration at the customer's location. On-site Support Services include travel costs and time and labor related to the service incident. Also included in the service are quarterly on-site preventative and routine maintenance reviews(four per year)of the customer's Intrado system.These maintenance visits can include the installation of routine updates to software. Training, configuration changes, reprogramming and system upgrade labor are not included in this offering, but are available for purchase. On-Site Support Services options include the designation of a technician dedicated specifically to the customer's deployment(s),or alternately a non-dedicated resource available for use with other customers. Intrado may engage third-party vendors to provide the On-Site Support Services. June 21, 2022 J - 12 7 All optional modules in this quote have been priced under the assumption that they will be purchased and installed concurrently with the base system. If these modules are to be installed at a later date, additional travel &living expenses will apply. Unless otherwise stated in this quotation, Installation,Training, Project Management,and Maintenance services have not been included for optional modules. Once the customer has finalized their configuration,a revised quotation will be provided with equipment and services costs revised as necessary. 8 Power Metrics Intrado retains title to all premise-based equipment and software provided to customer in connection with the Power Metrics service(including RDDMs),which will be removed and returned to Intrado at the conclusion of the service. Billing and the term commencement for the services will begin when the Services are first made available for Customer's use, and will continue for the designated number of months as stated in this Quote. Power Metrics services will be provided in accordance with the applicable Service Guide at https://www.intrado.com/legal-privacy/terms/call-handling. June 21, 2022 J - 13 Terms VENDOR NAME Intrado Life&Safety Solutions Corporation Include quote number and customer EIN/Tax Identification Number on P.O. SUBMIT P.O. ordermanagement.safetyservices@west.com PRICING All prices are in USD Taxes, if applicable,are extra. Handling and Shipping charges are extra unless specified on the quote. SHIPPING TERMS FCA(Montreal), INCOTERMS 2010 PAYMENT Per Contract DELIVERY TBD VALIDITY Quote expires on October 04,2022. However, part numbers beginning with Q,such as QXXXXX,constitute unique third-party components.These components, including model and price, (i) may be subject to change at any time; and (ii)are non-cancellable, non-refundable,and non-exchangeable at any time. COPYRIGHT The information contained in this document is proprietary to Intrado Life&Safety Solutions Corporation and is offered solely for the purpose of evaluation. June 21, 2022 J - 14 Revision History Revision Level Proposal Writer Notes Date Revised 1 LKEDDINGTON Original April 11, 2022 2 SHAUBOLD Adding signature block and removing June 03, 2022 network engineering provisioning services and routers. June 21, 2022 1 - 15 tfM POR-T-ANGELES CITY COUNCIL WASH I N G T o N , U.S, MEMO Date: June 21,2022 To: City Council From: Nathan West, City Manager Todd Weeks,Information Technology Manager Subject: Virtual System Hosts Replacement-CFP Item#0618 Summary: The purpose of this memo is to receive City Council approval for the purchase of(4)DELL R840 virtual host servers to replace the current aging virtualization infrastructure. Funding: Funds are available in the IT capital fund for the approved Capital Facilities Plan Item#IT0618— Virtual Server Replacements as identified below. Total Funds Available: $150,000 Total Purchase Request: $149,892 including tax Recommendation: Approve and authorize the purchase of four(4)DELL PowerEdge R840 Servers and allow the City Manager to administer the purchase and make minor modifications as necessary. Background / Analysis: The City has virtualized over 90% of our server infrastructure utilizing VMware hypervisors that run-on high-end server type hardware that contain nearly 100 logical central processing units(CPUs) and a Terabyte (T13)of memory. Hypervisors are software that creates,runs and manages virtual machines(VMs) and allows the host systems to support multiple guest VMs by virtually sharing its resources like memory and processors. These specialized servers have a life cycle of 6-8 years,while our current virtual server hosts,purchased in March of 2015, are now over seven years old. Upgrade of these servers allows for increased compatibility,efficiency and security. If approved,these systems would be available to ship in Mid-July of 2022. Funding: Funds are available in the IT capital fund for the approved Capital Facilities Plan Item#IT0618— Virtual Server Replacements in the amount of$150,000. June 21, 2022 J - 16