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HomeMy WebLinkAboutCC Agenda Packet 07/05/2022July 5, 2022 Port Angeles City Council Meeting Page 1 July 5, 2022 City of Port Angeles Council Meeting Agenda The City determined the meeting shall be held virtually when the July 5, 2022 City Council agenda was created on June 29, 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 he Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – 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.cityofpa.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: council@cityofpa.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, July 5, 2022. For audio only please call: 1-844-992-4726 Use access code: 2558 248 3510 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 Tuesday, July 5, meeting only. If you are joining in through the Webex link: https://cityofpa.webex.com/cityofpa/onstage/g.php?MTID=efda34f92164f7fca74db205a897f94fa 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 July 5, 2022 Port Angeles City Council Meeting Page 2 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve 1. Expenditure Report: From June 11, 2022 to June 24, 2022 in the amount of $2,639,886.11 / Approve ......................... E-1 2. Material Purchase: Electrical Underground Cables / Award a contract with WESCO Distribution, Inc. of Portland, OR for 7,500 feet of cable for $39,576.00 including sales tax and authorize the City Manager to sign and make minor modifications to the contract as necessary ............................................................................................................................................. E-15 F. Public Hearings | 6:30 p.m. or Soon Thereafter 1. Source Control Ordinances / Close Public Hearing / Adopt Ordinances ....................................................................... F-1 G. Ordinances Not Requiring Council Public Hearings ....................................................................................... None H. Resolutions Not Requiring Council Public Hearings ....................................................................................... None I. Other Considerations 1. Council Discussion Regarding No Tolerance on Racist Behavior in our Community / Discussion 2. Habitat for Humanity / Presentation 3. Snake River Dam Removal Letter of Support / Authorize ............................................................................................... I-1 4. Lower Elwha Klallam Tribe Letter of Support / Authorize ............................................................................................. I-5 5. Community and Economic Development, Finance and Public Works and Utilities Department Position Changes and Restructure / Approve and Authorize ............................................................................................................................... I-9 J. Contracts & Purchasing 1. Service Agreement – Class B Biosolids Transportation & Beneficial Use Services / Approve and Authorize ............... J-1 2. Material Purchase: Overhead Distribution Transformers MEC-2022-14, Contract Award / Award and Authorize........ J-2 3. WASPC Mental Health Field Response Grant, 2022-2023 Contract / Accept and Authorize ......................................... J-3 K. Council Reports L. Information City Manager Reports: M. Second Public Comment Follow the instructions from the first public comment period. Adjournment IC I TY RT NG LS WASH �INGTON, U. S A. MEMO July 5, 2022 Finance Department We, the undersigned City Officials of the City of Port Angeles, do (hereby certify that the merchandlis,e and/or services herein specified have been received andl that these claims are approved for payment in the aimount of Sanna Carnzosa $2,639,8W 11 this 5th day of July', 2022. Firunce Director f6mt McKm Senior ACCOU11tant Ak MaiySue French Mayor City Manager Senior Accountant Linda Kheriaty haancW Systems Analyst Melody Schnicidei Managetrwnt Accountant Nlwah Rose, Financial Anaiysl Jam Perkins Payrofl,Spc6alist hV"'I"M Accoumant Julie Powen AccoUff min g TeOwnician Luke Anderson Accounting Jechnician Nicole 13hink Administwitkive Analyst Kwhyellen Haney CU4olner seiviccs Manager I racy Rwk,,, Lbhty Billing Sfxciahst City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount DEPARTMENT OF REVENUE Excise Tax Returns-May 001-0000-237.00-00 35.20 Excise Tax Returns-May 001-0000-237.30-00 413.34 MADDEN FABRICATION BUILDING, FABRICATED 001-0000-237.00-00 (12,561.56) MISC DEPOSIT & PERMIT REFUNDS C8- SALES TAX REFUND 001-0000-237.30-00 21.00 Division Total:($12,092.02) Department Total:($12,092.02) MADRONA LAW GROUP, PLLC CONSULTING SERVICES 001-1210-513.41-50 17,653.50 City Manager Division Total:$17,653.50 GRANICUS RENTAL/LEASE EQUIPMENT 001-1230-514.48-02 858.77 City Clerk Division Total:$858.77 City Manager Department Total:$18,512.27 DEPARTMENT OF REVENUE Excise Tax Returns-May 001-2023-514.44-50 97.70 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 316.75 COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 134.98 WASHINGTON (AUDITOR), STATE OF FINANCIAL SERVICES 001-2023-514.41-50 24,491.30 Accounting Division Total:$25,040.73 EQUIFAX FINANCIAL SERVICES 001-2025-514.41-50 83.98 OLYMPIC STATIONERS INC PLASTICS 001-2025-514.31-01 62.51 PAYMENTUS GROUP INC Transaction Fees 001-2025-514.41-50 865.58 Transaction Fees 001-2025-514.41-50 13,760.13 Customer Service Division Total:$14,772.20 QUADIENT RENTAL/LEASE EQUIPMENT 001-2070-518.45-30 2,178.12 Reprographics Division Total:$2,178.12 Finance Department Total:$41,991.05 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-3030-515.31-60 196.26 City Attorney Division Total:$196.26 City Attorney Department Total:$196.26 MISC ONE-TIME VENDORS REIMBURSEMENT FUEL 001-4050-558.43-10 115.60 REIMBURSEMENT MILEAGE 001-4050-558.43-10 376.74 REIMBURSEMENT RED LION HO 001-4050-558.43-10 216.97 Building Division Total:$709.31 MISC EMPLOYEE EXPENSE REIMBURSEMENT CANDIDATE 1WAY MILES FROM 001-4060-558.43-10 247.45 CANDIDATE TRAVEL - HOTEL 001-4060-558.43-10 239.13 OLYMPIC PRINTERS INC PRINTING PREPARATIONS 001-4060-558.31-01 32.64 Page 1 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 1 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-4060-558.31-01 191.49 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-4060-558.31-60 196.26 COMPUTER HARDWARE&PERIPHE 001-4060-558.31-60 79.60 COMPUTER HARDWARE&PERIPHE 001-4060-558.31-60 42.86 Planning Division Total:$1,029.43 Community Development Department Total:$1,738.74 LEXISNEXIS LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 5,907.84 Police Administration Division Total:$5,907.84 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 45.93 WA ASSN OF SHERIFFS & POLICE MEMBERSHIPS 001-5021-521.49-01 75.00 Investigation Division Total:$120.93 ALLIED 100 COMPUTER ACCESSORIES&SUPP 001-5022-521.31-80 7,180.80 GALLS CLOTHING & APPAREL 001-5022-521.31-11 361.21 GRAINGER HOSP SURG ACCES & SUNDRIS 001-5022-521.31-80 744.20 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 45.93 PROFORCE LAW ENFORCEMENT POLICE EQUIPMENT & SUPPLY 001-5022-521.35-01 565.32 WA STATE CRIMINAL JUSTICE HUMAN SERVICES 001-5022-521.43-10 95.00 HUMAN SERVICES 001-5022-521.43-10 4,431.00 Patrol Division Total:$13,423.46 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 88.10 SIRCHIE FINGERPRINT LAB HOSP SURG ACCES & SUNDRIS 001-5029-521.31-01 62.15 PAPER & PLASTIC-DISPOSABL 001-5029-521.31-01 250.45 Records Division Total:$400.70 Police Department Total:$19,852.93 GLOBALSTAR USA 05-16 A/C AC00153767 001-6010-522.42-10 87.23 LEMAY MOBILE SHREDDING OFFICE MACHINES & ACCESS 001-6010-522.31-01 100.00 Fire Administration Division Total:$187.23 FIRE CHIEF EQUIPMENT CO, INC FIRE PROTECTION EQUIP/SUP 001-6020-522.35-01 58.75 NORTHWEST SAFETY SERVICE, LLC CLOTHING & APPAREL 001-6020-522.31-11 133.85 CLOTHING & APPAREL 001-6020-522.31-11 140.08 CLOTHING & APPAREL 001-6020-522.31-11 1,132.55 CLOTHING & APPAREL 001-6020-522.31-11 201.53 OHD OPTICAL EQUIP ACESS& SUPP 001-6020-522.35-01 1,044.50 SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-01 38.03 CLOTHING & APPAREL 001-6020-522.20-80 14.95 Page 2 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 2 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount Fire Suppression Division Total:$2,764.24 M & P GARAGE DOORS BUILDING MAINT&REPAIR SER 001-6050-522.48-10 875.79 SWAIN'S GENERAL STORE INC SUPPLIES 001-6050-522.31-20 31.68 Facilities Maintenance Division Total:$907.47 Fire Department Total:$3,858.94 DLT SOLUTIONS, LLC MEMBERSHIPS 001-7010-532.48-02 16,870.87 ESRI INC DATA PROC SERV &SOFTWARE 001-7010-532.48-02 2,852.00 OFFICE DEPOT SUPPLIES 001-7010-532.31-01 31.77 SUPPLIES 001-7010-532.31-01 146.09 SUPPLIES 001-7010-532.31-01 542.65 Public Works Admin. Division Total:$20,443.38 Public Works & Utilities Department Total:$20,443.38 ASCO PACIFIC SUPPLY CO INC SUPPLIES 001-8050-536.34-01 108.97 DEPARTMENT OF REVENUE Excise Tax Returns-May 001-8050-536.44-50 74.12 MISC DEPOSIT & PERMIT REFUNDS C1- SELL BACK LOT 001-8050-343.60-12 750.00 C2- OPEN CLOSE REFUND 001-8050-343.60-14 475.00 C3- LINER PLACEMENT REFUN 001-8050-343.60-14 250.00 C4- LINER REFUND 001-8050-343.60-16 250.00 QUIRING MONUMENTS INC SUPPLIES 001-8050-536.34-01 300.00 SOUND PUBLISHING INC SUPPLIES 001-8050-536.41-15 325.00 Ocean View Cemetery Division Total:$2,533.09 AIRPORT GARDEN CENTER SUPPLIES 001-8080-576.31-01 30.91 ANGELES MILLWORK & LUMBER Supplies 001-8080-576.31-20 19.09 SUPPLIES 001-8080-576.31-20 31.91 CENTRAL WELDING SUPPLY SUPPLIES 001-8080-576.45-30 31.68 HI-TECH ELECTRONICS INC SUPPLIES 001-8080-576.45-30 163.20 PORT OF PORT ANGELES SUPPLIES 001-8080-576.45-30 5,548.50 RAINBOW SWEEPERS, INC SUPPLIES 001-8080-576.45-30 788.80 SUPPLIES 001-8080-576.45-30 788.80 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 260.63 SUPPLIES 001-8080-576.31-20 266.85 SUPPLIES 001-8080-576.31-20 20.64 SUPPLIES 001-8080-576.35-01 184.63 SUPPLIES 001-8080-576.31-20 13.64 TOPPER INDUSTRIES INC SUPPLIES 001-8080-576.48-10 11,777.82 Page 3 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 3 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount TOPPER INDUSTRIES INC SUPPLIES 001-8080-576.48-10 726.24 SUPPLIES 001-8080-576.48-10 3,261.82 SUPPLIES 001-8080-576.48-10 29,444.54 SUPPLIES 001-8080-576.48-10 2,683.33 Parks Facilities Division Total:$56,043.03 Parks & Recreation Department Total:$58,576.12 ANGELES MILLWORK & LUMBER SUPPLIES 001-8131-518.31-20 143.38 SUPPLIES 001-8131-518.31-20 43.96 SUPPLIES 001-8131-518.31-20 180.53 SUPPLIES 001-8131-518.31-20 89.47 SUPPLIES 001-8131-518.31-20 369.10 GRAINGER SUPPLIES 001-8131-518.31-01 39.65 INTERMOUNTAIN LOCK & SECURITY SPLY SUPPLIES 001-8131-518.31-20 744.54 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 17.34 SUPPLIES 001-8131-518.31-20 15.20 THURMAN SUPPLY Supplies 001-8131-518.31-20 64.52 THYSSENKRUPP ELEVATOR CORP SUPPLIES 001-8131-518.31-20 1,392.53 WALTER E NELSON CO SUPPLIES 001-8131-518.31-01 39.00 Central Svcs Facilities Division Total:$3,139.22 Facilities Maintenance Department Total:$3,139.22 CIE ARPA SUBRECIPIENT AGREEME 001-9029-518.41-50 20,000.00 General Unspecified Division Total:$20,000.00 Non-Departmental Department Total:$20,000.00 General Fund Fund Total:$176,216.89 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 135.29 AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL 102-7230-542.31-01 57.07 ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS 102-7230-542.31-20 31.92 FASTENERS, FASTENING DEVS 102-7230-542.31-20 44.14 HARTNAGEL BUILDING SUPPLY INC HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 146.46 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 417.57 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 20.52 MISC PROFESSIONAL SERVICE 102-7230-542.47-10 14.06 Street Division Total:$867.03 Public Works-Street Department Total:$867.03 Page 4 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 4 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount Street Fund Total:$867.03 CENTURYLINK 06-06 A/C 300539444 107-5160-528.42-11 63.15 CENTURYLINK-QWEST 06-02 A/C 360Z020380301B 107-5160-528.42-11 217.59 INTRADO LIFE & SAFETY SOLUTIONS DATA PROC SERV &SOFTWARE 107-5160-528.42-11 34,643.88 SWAIN'S GENERAL STORE INC OFFICE SUPPLIES, GENERAL 107-5160-528.31-01 24.21 Pencom Division Total:$34,948.83 Pencom Department Total:$34,948.83 Pencom Fund Total:$34,948.83 SIMMONS AND SONS CONTRACTING Release Retainage 310-0000-223.40-00 4,834.78 Division Total:$4,834.78 Department Total:$4,834.78 HARBOR FREIGHT TOOLS COMPUTER ACCESSORIES&SUPP 310-5950-594.65-10 323.06 PROFESSIONAL CABLE, LLC COMPUTER HARDWARE&PERIPHE 310-5950-594.65-10 710.72 Homeland Security Division Total:$1,033.78 Public Safety Projects Department Total:$1,033.78 USACE SEATTLE DISTRICT ROV#: 2750 310-7919-594.65-10 32,700.00 GF-Pub Wks Projects Division Total:$32,700.00 Capital Projects-Pub Wks Department Total:$32,700.00 MADDEN FABRICATION BUILDING, FABRICATED 310-8985-594.65-10 155,306.66 Misc Parks Projects Division Total:$155,306.66 Capital Proj-Parks & Rec Department Total:$155,306.66 Capital Improvement Fund Total:$193,875.22 SIMMONS AND SONS CONTRACTING Release Retainage 312-0000-223.40-00 3,658.25 Division Total:$3,658.25 Department Total:$3,658.25 Transportation Benefit Fund Total:$3,658.25 BORDER STATES INDUSTRIES INC ELECTRICAL CABLES & WIRES 401-0000-141.41-00 2,590.44 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 684.20 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 874.51 CED/CONSOLIDATED ELEC DIST ELECTRICAL CABLES & WIRES 401-0000-141.41-00 2,719.91 DEPARTMENT OF REVENUE Excise Tax Returns-May 401-0000-237.00-00 354.00 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 5.29 FINAL BILL REFUND 401-0000-122.10-99 5.47 Page 5 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 5 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 7.42 FINAL BILL REFUND 401-0000-122.10-99 15.07 FINAL BILL REFUND 401-0000-122.10-99 15.30 FINAL BILL REFUND 401-0000-122.10-99 19.62 FINAL BILL REFUND 401-0000-122.10-99 21.15 FINAL BILL REFUND 401-0000-122.10-99 27.57 FINAL BILL REFUND 401-0000-122.10-99 49.29 FINAL BILL REFUND 401-0000-122.10-99 51.97 FINAL BILL REFUND 401-0000-122.10-99 106.90 FINAL BILL REFUND 401-0000-122.10-99 111.35 FINAL BILL REFUND 401-0000-122.10-99 138.67 FINAL BILL REFUND 401-0000-122.10-99 249.96 FINAL BILL REFUND 401-0000-122.10-99 337.58 FINAL BILL REFUND 401-0000-122.10-99 381.11 FINAL BILL REFUND 401-0000-122.10-99 441.87 FINAL BILL REFUND 401-0000-122.10-99 488.53 FINAL BILL REFUND 401-0000-122.10-99 560.13 FINAL CREDIT-1403 ROOK DR 401-0000-122.10-99 175.06 OVERPAYMENT-2215 CHASE 20 401-0000-122.10-99 146.46 FINAL BILL REFUND 401-0000-122.10-99 0.40 FINAL BILL REFUND 401-0000-122.10-99 24.27 FINAL BILL REFUND 401-0000-122.10-99 69.35 FINAL BILL REFUND 401-0000-122.10-99 72.87 FINAL BILL REFUND 401-0000-122.10-99 99.19 FINAL BILL REFUND 401-0000-122.10-99 232.91 FINAL BILL REFUND 401-0000-122.10-99 292.56 FINAL BILL REFUND 401-0000-122.10-99 532.03 FINAL CREDIT-3614 PAGE ST 401-0000-122.10-99 51.81 OVERPAYMENT-1313 ROLLING 401-0000-122.10-99 266.35 OVERPAYMENT-1729 W 11TH 401-0000-122.10-99 72.29 OVERPAYMENT-207 MOTOR AVE 401-0000-122.10-99 255.54 OVERPAYMENT-212 E 9TH ST 401-0000-122.10-99 8.01 OVERPAYMENT-214 E 11TH ST 401-0000-122.10-99 32.77 OVERPAYMENT-224 N JONES 401-0000-122.10-99 0.82 Page 6 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 6 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS OVERPAYMENT-519 S OAK #18 401-0000-122.10-99 41.36 WESCO-ANIXTER ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 272.00 Division Total:$12,903.36 Department Total:$12,903.36 DLT SOLUTIONS, LLC MEMBERSHIPS 401-7111-533.48-02 3,608.48 Engineering-Electric Division Total:$3,608.48 BPA-POWER WIRES ELECTRICAL EQUIP & SUPPLY 401-7120-533.33-10 1,241,887.00 Power Systems Division Total:$1,241,887.00 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 318.56 ANGELES MILLWORK & LUMBER ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 54.74 BAXTER AUTO PARTS #15 PAINTS,COATINGS,WALLPAPER 401-7180-533.31-01 40.93 CED/CONSOLIDATED ELEC DIST BRUSHES (NOT CLASSIFIED) 401-7180-533.31-01 (169.73) BRUSHES (NOT CLASSIFIED) 401-7180-533.31-01 169.73 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 620.16 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 81.60 TAPE(NOT DP,SOUND,VIDEO) 401-7180-533.34-02 496.13 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 28.83 TAPE(NOT DP,SOUND,VIDEO) 401-7180-533.34-02 124.03 TAPE(NOT DP,SOUND,VIDEO) 401-7180-533.34-02 405.88 DEPARTMENT OF REVENUE Excise Tax Returns-May 401-7180-533.44-50 83,374.88 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 401-7180-533.34-02 44.63 FASTENERS, FASTENING DEVS 401-7180-533.34-02 177.78 KENNEDY, STEPHEN H. REAL PROPERTY,RENT/LEASE 401-7180-533.45-21 7,500.00 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 824.49 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 403.64 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 101.44 MATT'S TOOLS USA, LLC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 458.27 MISC TRAVEL SHAY-TCS TRAINING 401-7180-533.43-10 357.02 MURREY'S DISPOSAL CO, INC BUILDING MAINT&REPAIR SER 401-7180-533.47-10 492.26 MATERIAL HNDLING&STOR EQP 401-7180-533.41-50 219.08 NORTHWEST PUBLIC POWER ASSN COMMUNICATIONS/MEDIA SERV 401-7180-533.41-15 1,200.00 OLYMPIC PARTY & CUSTODIAL SUPPLIES LAB EQUIP,BIO,CHEM,ENVIR 401-7180-533.31-01 30.01 ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 34.00 Page 7 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 7 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 1,321.10 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 750.00 SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 401-7180-533.31-01 18.28 THOMAS BUILDING CENTER ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 5,304.98 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 401-7180-533.49-90 20.00 WESCO-ANIXTER ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 289.41 Electric Operations Division Total:$105,092.13 Public Works-Electric Department Total:$1,350,587.61 Electric Utility Fund Total:$1,363,490.97 DEPARTMENT OF REVENUE Excise Tax Returns-May 402-0000-237.00-00 56.32 Division Total:$56.32 Department Total:$56.32 AIRPORT GARDEN CENTER FEED,BEDDING,VIT-ANIMALS 402-7380-534.31-20 65.07 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 131.87 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 402-7380-534.41-50 230.00 DEPARTMENT OF REVENUE Excise Tax Returns-May 402-7380-534.44-50 23,329.30 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 612.00 HD SUPPLY WATER&SEWER TREATING CHEM 402-7380-534.31-05 579.39 JANITORIAL SUPPLIES 402-7380-534.31-01 579.39 WATER&SEWER TREATING CHEM 402-7380-534.31-05 568.93 HEARTLINE SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 97.92 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 402-7380-534.31-01 25.22 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 50.31 RH2 ENGINEERING ENGINEERING SERVICES 402-7380-534.41-50 350.29 SWAIN'S GENERAL STORE INC GASES CONT.EQUIP:LAB,WELD 402-7380-534.31-01 65.25 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 402-7380-534.49-90 19.98 Water Division Total:$26,704.92 DM DISPOSAL CO. BUILDING MAINT&REPAIR SER 402-7382-534.41-50 47.76 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 402-7382-534.31-20 21.82 ELECTRICAL EQUIP & SUPPLY 402-7382-534.31-20 52.85 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 50.31 Industrial Water Treatmnt Division Total:$172.74 Public Works-Water Department Total:$26,877.66 Page 8 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 8 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount Water Utility Fund Total:$26,933.98 DEPARTMENT OF REVENUE Excise Tax Returns-May 403-0000-237.00-00 202.04 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (6.29) Division Total:$195.75 Department Total:$195.75 AMAZON CAPITAL SERVICES HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 28.28 ANGELES MACHINE WORKS INC AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 10.40 ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS 403-7480-535.31-20 14.08 FASTENERS, FASTENING DEVS 403-7480-535.31-20 15.20 D & K RENTALS RENTAL/LEASE EQUIPMENT 403-7480-535.48-10 323.68 DEPARTMENT OF REVENUE Excise Tax Returns-May 403-7480-535.44-50 18,638.96 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 146.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 63.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 52.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 52.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 145.00 FEDERAL EXPRESS CORP Shipping Charges 403-7480-535.42-10 (34.90) Shipping Charges 403-7480-535.42-10 34.90 Shipping Charges 403-7480-535.42-10 371.79 FERGUSON ENTERPRISES INC PIPE FITTINGS 403-7480-535.31-20 1,072.14 PIPE FITTINGS 403-7480-535.31-20 456.96 PIPE FITTINGS 403-7480-535.31-20 927.52 GRAINGER PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 439.23 HD SUPPLY PAPER & PLASTIC-DISPOSABL 403-7480-535.31-01 134.50 JOHNSON CONTROLS SECURITY SOLUTIONS FIRE PROTECTION EQUIP/SUP 403-7480-535.41-50 947.60 MACDONALD MILLER SOLUTIONS, INC EQUIPMENT MAINTENANCE,REC 403-7480-535.48-10 1,317.57 EQUIPMENT MAINTENANCE,REC 403-7480-535.48-10 2,130.30 STEAM & HOT WATER BOILERS 403-7480-535.31-20 1,661.38 NAPA AUTO PARTS 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 & TRUCK ACCESSORIES 403-7480-535.31-20 37.41 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 77.80 Page 9 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 9 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount PAYMENTUS GROUP INC Shipping Charges 403-7480-535.42-10 (371.79) Shipping Charges 403-7480-535.42-10 371.79 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 315.71 MISC PROFESSIONAL SERVICE 403-7480-535.47-10 599.09 SWAIN'S GENERAL STORE INC ACOUST TILE, INSULAT MAT 403-7480-535.31-01 16.41 JANITORIAL SUPPLIES 403-7480-535.31-01 72.94 THURMAN SUPPLY EQUIP MAINT & REPAIR SERV 403-7480-535.31-20 62.95 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 403-7480-535.49-90 20.00 WA STATE DEPARTMENT OF ECOLOGY PW CONSTRUCTION & RELATED 403-7480-535.43-10 50.00 PW CONSTRUCTION & RELATED 403-7480-535.43-10 67.00 Wastewater Division Total:$30,376.38 Public Works-WW/Stormwtr Department Total:$30,376.38 Wastewater Utility Fund Total:$30,572.13 DEPARTMENT OF REVENUE Excise Tax Returns-May 404-0000-237.00-00 175.93 Excise Tax Returns-May 404-0000-237.10-00 755.84 Division Total:$931.77 Department Total:$931.77 ANGELES MILLWORK & LUMBER HARDWARE,AND ALLIED ITEMS 404-7538-537.35-01 28.55 CLEAN EARTH EVIRONMENTAL SOLUTIONS PW CONSTRUCTION & RELATED 404-7538-537.41-51 816.35 PW CONSTRUCTION & RELATED 404-7538-537.41-51 1,402.43 PW CONSTRUCTION & RELATED 404-7538-537.41-51 790.43 PW CONSTRUCTION & RELATED 404-7538-537.41-51 816.35 DEPARTMENT OF REVENUE Excise Tax Returns-May 404-7538-537.44-50 28,217.73 GLASS SERVICES CO INC GLASS & GLAZING SUPPLIES 404-7538-537.35-01 226.30 HARBOR FREIGHT TOOLS HAND TOOLS ,POW&NON POWER 404-7538-537.35-01 304.61 HARTNAGEL BUILDING SUPPLY INC LAWN MAINTENANCE EQUIP 404-7538-537.35-01 161.11 J.R. MILLER AND ASSOCIATES PW CONSTRUCTION & RELATED 404-7538-537.41-50 10,696.25 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 404-7538-537.47-10 116.88 RABANCO, LTD MISCELLANEOUS SERVICES 404-7538-537.41-51 32,880.05 SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 404-7538-537.31-01 371.21 CLOTHING & APPAREL 404-7538-537.31-60 45.35 EQUIP MAINT & REPAIR SERV 404-7538-537.31-01 373.70 HARDWARE,AND ALLIED ITEMS 404-7538-537.31-01 23.90 WESTERN STEEL METALS,BARS,PLATES,RODS 404-7538-537.35-01 6,363.68 Page 10 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 10 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount SW - Transfer Station Division Total:$83,634.88 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 135.32 BAILEY SIGNS & GRAPHICS PRINTING,SILK SCR,TYPSET 404-7580-537.31-01 1,142.40 DEPARTMENT OF REVENUE Excise Tax Returns-May 404-7580-537.44-50 17,791.02 FASTENAL INDUSTRIAL SUPPLIES 404-7580-537.31-01 36.69 SOLID WASTE SYSTEMS, INC RENTAL/LEASE EQUIPMENT 404-7580-537.45-30 11,477.70 Solid Waste-Collections Division Total:$30,583.13 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 404-7585-537.41-50 782.01 MISC PROFESSIONAL SERVICE 404-7585-537.41-50 1,865.26 MISC PROFESSIONAL SERVICE 404-7585-537.41-50 3,618.10 THURMAN SUPPLY CLOTHING ACCESSORIES(SEE 404-7585-537.31-01 59.10 Solid Waste-Landfill Division Total:$6,324.47 Public Works-Solid Waste Department Total:$120,542.48 Solid Waste Utility Fund Total:$121,474.25 DEPARTMENT OF REVENUE Excise Tax Returns-May 406-7412-538.49-50 17,647.74 HEARTLINE NURSERY STOCK & SUPPLIES 406-7412-538.31-20 71.81 THE LANDING AND WARF LLC REFUND-STORMWATER CHARGES 406-7412-343.83-00 8,088.50 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 406-7412-538.49-90 20.00 Stormwater Division Total:$25,828.05 Public Works-WW/Stormwtr Department Total:$25,828.05 Stormwater Utility Fund Total:$25,828.05 BOUND TREE MEDICAL, LLC SALE SURPLUS/OBSOLETE 409-6025-526.31-13 713.97 EMSCONNECT MEMBERSHIPS 409-6025-526.43-10 236.00 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-01 2,275.86 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 190.00 SYSTEMS DESIGN WEST, LLC CONSULTING SERVICES 409-6025-526.41-50 2,397.42 Medic I Division Total:$5,813.25 JIM'S PHARMACY INC SALE SURPLUS/OBSOLETE 409-6027-526.31-01 149.45 Community Paramedicine Division Total:$149.45 Fire Department Total:$5,962.70 Medic I Utility Fund Total:$5,962.70 PKG LAW, PS MISC PROFESSIONAL SERVICE 413-7481-535.41-50 3,045.11 MISC PROFESSIONAL SERVICE 413-7481-535.41-50 9,707.50 Wastewater Remediation Division Total:$12,752.61 Page 11 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 11 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount Public Works-WW/Stormwtr Department Total:$12,752.61 Harbor Clean Up Fund Total:$12,752.61 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 451-7188-594.65-10 252.67 Electric Projects Division Total:$252.67 Public Works-Electric Department Total:$252.67 Electric Utility CIP Fund Total:$252.67 KENNEDY/JENKS CONSULTANTS ARCHITECTURAL&ENGINEERING 453-7488-594.65-10 11,196.34 Wastewater Projects Division Total:$11,196.34 Public Works-WW/Stormwtr Department Total:$11,196.34 WasteWater Utility CIP Fund Total:$11,196.34 ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 2.59 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 13,002.10 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 14,002.48 BAXTER AUTO PARTS #15 BELTS AND BELTING 501-0000-141.40-00 67.85 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 49.30 AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 11.67 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 64.49 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 35.11 PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 87.76 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 9.27 TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 269.61 Division Total:$27,602.23 Department Total:$27,602.23 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 162.63 ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 30.18 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 30.55 FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 151.65 BICKFORD FORD INC. AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 487.04 BUD CLARY FORD/HYUNDAI POLICE EQUIPMENT & SUPPLY 501-7630-594.64-10 45,687.35 AUTO MAJOR TRANSPORTATION 501-7630-594.64-10 80,663.69 FEDERAL EXPRESS CORP SHIPPING AND HANDLING 501-7630-548.34-02 4.95 LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 221.30 EXTERNAL LABOR SERVICES 501-7630-548.34-02 74.91 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 33.08 Page 12 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 12 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 46.20 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 68.75 PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 95.58 SCHUYLER R RUBBER CO INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,425.30 SIRENNET.COM AUTO & TRUCK MAINT. ITEMS 501-7630-594.64-10 275.22 SNAP-ON TOOLS - SARGENT TOOLS LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 108.80 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 140.19 TACOMA DODGE CHRYSLER JEEP AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,335.66 EXTERNAL LABOR SERVICES 501-7630-548.34-02 1,019.92 Sales tax Inv 6425319/2 501-7630-548.34-02 256.01 TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 187.78 WESTERN STEEL METALS,BARS,PLATES,RODS 501-7630-548.35-01 2,741.00 Equipment Services Division Total:$136,268.02 Public Works Department Total:$136,268.02 Equipment Services Fund Total:$163,870.25 ASTOUND BROADBAND DATA PROC SERV &SOFTWARE 502-2081-518.42-12 22,756.71 DATA PROC SERV &SOFTWARE 502-2081-518.42-12 22,785.94 ILAND INTERNET SOLUTIONS CORP RENTAL OR LEASE SERVICES 502-2081-518.48-02 1,094.51 PORT ANGELES CITY TREASURER Backerboard for blue mtn 502-2081-518.31-80 15.87 SHI INTERNATIONAL CORP DATA PROC SERV &SOFTWARE 502-2081-518.48-02 13,296.90 COMPUTERS,DP & WORD PROC. 502-2081-518.48-02 20,818.59 Information Technologies Division Total:$80,768.52 Finance Department Total:$80,768.52 Information Technology Fund Total:$80,768.52 HSA BANK Employer Contributions 503-1631-517.46-30 3,000.00 REDQUOTE, INC. HRA REIMBURSEMENTS 503-1631-517.46-30 3,415.62 HRA REIMBURSEMENTS 503-1631-517.46-30 281.68 Other Insurance Programs Division Total:$6,697.30 MISC CLAIM SETTLEMENTS IN HOUSE LIABILITY CLAIM 503-1671-517.41-50 5,409.17 Comp Liability Division Total:$5,409.17 Self Insurance Department Total:$12,106.47 Self-Insurance Fund Total:$12,106.47 OLYMPIC COMMUNITY ACTION PRGMS PASS THE BUCK REMITTANCE 657-0000-239.91-00 2,900.00 Page 13 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 13 City of Port Angeles City Council Expenditure Report Between Jun 11, 2022 and Jun 24, 2022 Vendor Description Account Number Amount Division Total:$2,900.00 Department Total:$2,900.00 Util Vol Contrib Program Fund Total:$2,900.00 AFLAC AFLAC SUPP INS JUNE PREMI 920-0000-231.53-10 807.38 CHAPTER 13 TRUSTEE Case #21-10696 920-0000-231.56-90 358.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 640.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 25,023.32 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 78,254.60 Pensioner's P/R tax 920-0000-231.50-10 200.00 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 95,480.84 HSA BANK Employee Contributions 920-0000-231.52-40 6,866.54 PAYROLL SUMMARY 920-0000-231.53-11 100.00 PAYROLL SUMMARY 920-0000-231.53-12 301.54 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 2,096.60 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 95.54 PAYROLL SUMMARY 920-0000-231.51-21 32,271.03 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 27,094.32 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 260.76 PERS PAYROLL SUMMARY 920-0000-231.51-10 784.88 PAYROLL SUMMARY 920-0000-231.51-11 16,034.40 PAYROLL SUMMARY 920-0000-231.51-12 79,071.70 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,094.00 PAYROLL SUMMARY 920-0000-231.54-10 2,148.50 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 200.00 VOLUNTEER FIRE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-20 2.00 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 2,025.00 Division Total:$372,210.95 Department Total:$372,210.95 Payroll Clearing Fund Total:$372,210.95 Total for Checks Dated Between Jun 11, 2022 and Jun 24, 2022 $2,639,886.11 Page 14 of 14 Jun 27, 2022 1:52:33 PMJuly 5, 2022 E - 14 Date: July 5, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Material Purchase: Electrical Underground Cables Background / Analysis: This procurement is to replenish the Light Operations Division’s 1/0 primary voltage electrical underground cable. The electrical cables will be used in ongoing work activities including new installation, system expansion and upgrades, and replacement of aged infrastructure as needed throughout City. As a cooperative participating member, the City is able to piggyback on contracts awarded by OMNIA partners to save time, obtain better prices, and contract terms. This contract is for the purchase of three (3) reels of 1/0 primary voltage electrical underground cable. Each reel of cable is 2,500 feet, for a total of 7,500 feet of cable. Electrical material costs and lead times have continued to increase rapidly. A previous purchase of similar cable by another utility in 2021 was about $3.25 per foot, which was an increase from December 2020 at $2.65 per foot for the same cable. Prior to COVID, prices had normally been in the $2.00 per foot range. Engineering estimate of pricing was for a 50% increase over 2021 based on material trends, resulting in $4.88 per foot estimate for 2022. Pricing from the OMNIA Partners Cooperative Purchasing contract is summarized below: Vendor Description Qty Unit Price Total Price WESCO Distribution, Inc. 1/0 AL 15KV 220M EPR 7,500 ft $4.85/ft $36,375.00 TAX $3,201.00 TOTAL $39,576.00 Funding Overview: Funds are available in the 2022 Electric Utility operation budget as material inventory (401-7180-533.34-02). Once installed, the items will be expensed to the Supplies and Inventory budget (401-7180-533.34-02). Summary: Three (3) reels of 1/0 primary voltage electrical underground cable are required to replenish the Electric Utility’s electrical underground cable inventory. Through the City’s membership with OMNIA Partners purchasing cooperative, a participating distributor of general electrical supplies WESCO/Anixter of Portland, OR was selected from the cooperative vendor list, Contract No. R192008 for underground electrical cable purchase. Funding: Funds are available in the 2022 Electric Utility operations budget as material inventory (401- 0000-141-4400). Recommendation: Award a contract with WESCO Distribution, Inc. of Portland, OR for 7,500 feet of cable for $39,576.00 including sales tax and authorize the City Manager to sign and make minor modifications to the contract as necessary. July 5, 2022 E - 15 Date: July 5, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Stormwater Ordinance Update | New Source Control Program, 2nd Reading Background / Analysis: The Washington State Department of 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 with local 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 1st, 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. The City retained a consultant, Osborn Consulting, Inc. in 2020 to assist the City in meeting this Permit goal along with other necessary 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 elicited comments from the Public. Comments were consolidated and incorporated into the final draft. A first reading was conducted before City Council on June 21, 2022, at which time, a period for public comment Summary: To maintain compliance with Ecology’s Phase II Stormwater Permit, the City is actively working to develop a new inspection-based Source Control Program for existing development. Updates to municipal code are necessary to define the program and give it structure. A first reading and public hearing on the ordinance was conducted on June 21, 2022. 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. The charge will cover the actual cost of service and will apply to businesses or sites mandated to participate in these programs. Recommendation: 1) Conduct a 2nd reading of ordinance making changes to municipals codes: 3.70.110, 13.62.100, and 13.63; 2) Conclude and close the public comment period; and 3) Adopt proposed ordinances. July 5, 2022 F - 1 was opened. No changes of substance were made to the draft code since the June 21, 2022 meeting. However, upon recommendation at the last council meeting, acronyms and references to other sections of code will be hyperlinked to their respective definition or code reference. This is a feature made available by Municode for a nominal fee. The City will have this feature enabled and it will apply it to the sections of code being updated herein. Definitions of acronyms were also checked for consistency throughout the draft ordinance. The following is a list of the ordinance sections included in this effort with a quick summary statement of the proposed updates: • PAMC 3.70.110: Public Works and Utilities Dept. Fees and Deposits  Update Public Works hourly plan review and inspection fee to current costs. • PAMC 13.62.100: Min. Size for Side Sewer in Private Property  Eliminate erroneous reference to stormwater “downspouts” from sanitary sewer section of code. • PAMC 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 PAMC 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 PAMC 13.63.095 to accommodate the expansions to the City’s stormwater program as required by Ecology’s 2019-2024 Phase II Permit. 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. These fees are to be assessed annually. Staff estimates this will equate to approximately $75,000.00 being generated annually and will cover actual expenses the City incurs to implement the stormwater inspection-based programs. The annual program charge is calculated based on the minimum time estimated for an average, yet ideal, inspection. It does not factor in situations requiring multiple site visits and follow-up nor is it reliant upon the number of businesses included in the program. The programs above have different inspection frequencies and demands that were used to calculate their individual annual charge. July 5, 2022 F - 2 Page 1 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 July 5, 2022 F - 3 Page 2 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 cafés$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 or fill $40.00 251 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. July 5, 2022 F - 4 Page 3 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 five 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 hour$55.00 $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 (IUs). 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 year150.00 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 July 5, 2022 F - 5 Page 4 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 Size Meter Service Connection Fee 1″ ⅝″ $1,280.00 1″ ¾″ $1,280.00 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 Size Meter Service Connection Fee 1″ 1″ $1,710.00 1½″ 1½″ $3,565.00, or the City's cost, whichever is greater 2″ 2″ 3″—6″ 3″— 6″ fire rated $5,800.00, or the City's cost, 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 July 5, 2022 F - 6 Page 5 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$55.00 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 July 5, 2022 F - 7 Page 6 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 installation$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 PAMC 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. July 5, 2022 F - 8 Page 7 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 work permits 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 401—600 amp.$205.00 d. Service/feeder 601—1,000 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—400 amp.$110.00 k. Temporary service/feeder 401—600 amp.$149.00 l. Temporary service/feeder 601—1000 amp.$168.00 m. 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 July 5, 2022 F - 9 Page 8 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 work permits. 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 401—600 amp.$225.00 d. Service/feeder 601—1,000 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—400 amp.$121.00 k. Temporary service/feeder 401—600 amp.$164.00 l. Temporary service/feeder 601—1000 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 carnival$81.00 x. Berth at a marina or dock$81.00 y. Each additional berth inspected at the same time$54.00 July 5, 2022 F - 10 Page 9 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. July 5, 2022 F - 11 Page 10 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 July 5, 2022 F - 12 1 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, three or less two-inch downspouts or 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: July 5, 2022 F - 13 2 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: 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 regulatory 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. B.Chapters 2, 3, and 4, and Appendices 1-C, 1-D and 1-E, Volume I; Chapters 3 and 4, Volume II; the entirety of Volume III; the entirety of Volume IV, and the entirety of Volume V of the Department of Ecology's 2014 Stormwater Management Manual for Western Washington (SWMMWW [2014]), or the most recent update. B.Ecology's Stormwater Management Manual for Western Washington (SWMMWW); the most recent update or version. July 5, 2022 F - 14 3 C. Appendix I of the City of Port Angeles' Western Washington Phase II Municipal Stormwater Permit, issued in August 2012, effective August 2013, and revised in January 2014; or the most recent update. C. Ecology's Western Washington Phase II 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. . . . . 13.63.040 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, July 5, 2022 F - 15 4 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 management practices (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. July 5, 2022 F - 16 5 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/liter L) chlorine. For water quality 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. MS4. 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 July 5, 2022 F - 17 6 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 a publicly 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 July 5, 2022 F - 18 7 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-generating pervious 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 parking planting strips. II. 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. July 5, 2022 F - 19 8 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. OO. 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 Management Manual for Western Washington (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. RR.SS. Stormwater pollution prevention plan (SWPPP) - means a document which describes the best management practices BMP 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. SS.TT. 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. TT.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. UU.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 July 5, 2022 F - 20 9 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. 13.63.045 Exceptions, variances and adjustments. Exceptions, variances and adjustments to the stormwater development minimum requirements may be granted by the Director of Community and Economic Development. See section 17.94.190 of this Code. 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 under direction of 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. 13.63.070 Operation and management. The stormwater utility shall be managed and operated in accordance with applicable sections of the City's Western Washington Phase II Municipal Stormwater Permit, the City's Urban Services Standards and Guidelines and PAMC 13.63. 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. July 5, 2022 F - 21 10 13.63.090 Annual charge. A. The owners of all real property in the City containing impervious surfaces shall paybe assessed a monthlyan annual stormwater utility charge at the rate as set forth in this section. B. Single-family and duplex residential fees. 1. 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 PAMC 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 commercial/multiple 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 monthly 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 monthly annual charges set forth in this section. 13.63.095 Stormwater Program Charge. Each property or businesses subject to routine Stormwater Programmatic Inspections, such as: Annual Stormwater Facility Inspections, Source Control Inspections for existing Development, etc., shall be charged a fixed-rate fee of $260.00 to accommodate staff time, equipment, tracking software, and other associated costs. This rate will be applied annually per PAMC 13.63.110. The City’s inventory of applicable businesses or properties will be updated annually. 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; July 5, 2022 F - 22 11 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 #5 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.C 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. 13.63.110 Billing and payment. Stormwater utility fees shall be billed annually by Clallam County on behalf of the City in conjunction with the County's property tax bill. Discounts for low-income senior citizens and disabled citizens will be applied in accordance with Chapter 13.20 PAMC. Stormwater utility fees billed pursuant to this section shall be due and payable semi-annually on the same dates each year July 5, 2022 F - 23 12 that the County's property tax bill is due and payable and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this section will be subject to penalty charges the same as those imposed for delinquent property taxes. 13.63.120 Remedies for failure to pay stormwater service fees. A. Termination of water service. The Director of Public Works and Utilities or designee is authorized to terminate water service to any property owner, unless said water service is received by a residential tenant, who fails to pay the stormwater utility service fees imposed by this chapter. Termination of such water service shall not limit other remedies available to the City. B. Lien for delinquent charges—Interest. Pursuant to RCW 35.67.200 et seq. The City shall have a lien for delinquent and unpaid stormwater charges. A stormwater lien shall be effective for one year without the necessity of any writing or recording of the lien with the County Auditor. Enforcement and foreclosure of any stormwater lien shall be in the manner provided by state law. Interest on the unpaid balance shall be eight percent per annum or such rate as may hereafter be authorized by law. C. Other remedies. The City shall have all other legally available remedies for enforcing and collecting delinquent and unpaid stormwater charges. 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 under it's 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 July 5, 2022 F - 24 13 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 SWPPP 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. 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. 13.63.140 Illicit connections and uses. A. The stormwater system of the City of Port Angeles, natural and artificial, may only be used to convey stormwater runoff, and any discharge meeting the permit conditions within a current National Pollutant Discharge Elimination System NPDES Permit, approved by the Washington State Department of Ecology. B. Except as provided in the preceding paragraph, no person shall use this system, directly or indirectly, to dispose of any solid or liquid matter other than stormwater. No person shall make or allow any connection to the stormwater system which could result in the discharge of polluting matter. Connections to the stormwater system from the interiors of structures are July 5, 2022 F - 25 14 prohibited. Connections to the stormwater system for any purpose other than to convey stormwater or groundwater are prohibited and shall be eliminated. . . . . 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, unless otherwise approved in writing by the Director based on lack of feasible alternatives or other appropriate factors. …. 13.63.180 Stormwater permitting. Stormwater discharge permits, issued by the City of Port Angeles Department of Public Works and Utilities, shall be required for any of the following activities if they drain into a City stormwater facility: A. Draining water from a chlorinated water source such as a swimming pool or hot tub. B. Car washing which is not permitted as a commercial or industrial use, and which drains directly or indirectly to the City's stormwater system. C. Building and sidewalk washing. D. All new development or redevelopment which does not require a building permit or clearing and grading permit, but which discharges stormwater either directly or indirectly to the City's stormwater system. Building and clearing and grading permits shall apply all standards and requirements established in the City's Urban Service Standards and Guidelines Manual, by City ordinances, and the Department of Ecology's SWMMWW (2014). Stormwater inspection and storm drain connections fees shall be charged on the building permit or clearing and grading permit. 3.63.190 Stormwater design and construction requirements. A. All site development activities shall comply with the standards, specifications and requirements contained in the City of Port Angeles' Urban Services Standards and Guidelines. B. For all site developments, the City adopts and requires the use of the minimum requirements, thresholds and definitions defined in Appendix 1 of the City of Port Angeles' Western Washington Phase II Municipal Stormwater Permit. July 5, 2022 F - 26 15 C. For all site developments that require a stormwater treatment, flow control, or on-site stormwater management BMP/facility, the City adopts and requires the use of Chapters 2, 3 and 4 and Appendices 1-C, 1-D and 1-E, Volume I, Chapters 3 and 4, Volume II; the entirety of Volume III; the entirety of Volume IV, and the entirety of Volume V of the Department of Ecology's 2014 Stormwater Management Manual for Western Washington (SWMMWW [2014]), or most recent update. D. Low impact development (LID) facilities are encouraged to improve water quality and aesthetics, as well as to reduce the size and cost of flow control and treatment facilities. LID facilities proposed in any site development shall be designed in accordance with the Department of Ecology's SWMMWW (2014) and shall take into account site and soil conditions, access and long-term maintenance. E. Stormwater site plans and permanent stormwater control plans in accordance with Chapters 3 and 4 of Volume I of the Department of Ecology's SWMMWW [2014] are required and will be reviewed by the City for all site development activities that disturb one acre or more. F. Beneficial use of roof runoff harvested for non-potable uses is allowed as expressly permitted and conditioned by the Director. 13.63.200 Professional Engineer—When required. Site development activities shall require the submittal of documents prepared by a qualified professional engineer or under the direction of a licensed engineer when one of the following conditions exists: A. Any land use or building or development on real property that involves the construction of structural source control BMPs or drainage conveyance systems; B. Any land use or building or development on real property that requires a flow control or treatment or LID facility; C. Any land use of building development on real property that involves engineering calculations as part of a Construction Stormwater Pollution Prevention Plan (SWPPP); D. Any improvements within the boundaries of the City of Port Angeles right-of-way for which the City will ultimately assume responsibility for maintenance; or Any site development activity that the Director deems to be in the public's best interest to require that certain site development activity permit application submittal documents be prepared by a licensed engineer. 13.63.210 Off-site analysis. All site development activities that discharge stormwater off-site which adds 10,000 square feet or more of new or replaced impervious surface, or that convert three-quarters of an acre of pervious surfaces to lawn or landscaped areas, or that convert 2.5 acres or more forested area to pasture shall include, along with other required submittal documents, an off-site drainage analysis as described in the City's Urban Services Standards and Guidelines Manual. The off-site analysis July 5, 2022 F - 27 16 shall be prepared by a qualified professional engineer and based on a field investigation of the development's off-site contributing and receiving drainage areas. . . . . 13.63.240 Permit modifications. Proposed modifications to an approved permit must be submitted to the Department of Community and Economic Development and be reviewed for compliance with this chapter. Substantial proposed modifications, as determined by the Director, shall require additional review fees and shall require re-issuance of the required permit. Minor proposed modifications may be accepted by the Director without requiring the re-issuance of the accepted permit or the payment of additional review fees. 13.63.250 Erosion and sedimentation control. A. All final drainage, grading, clearing or other site development activities requiring acceptance from the City of Port Angeles Department of Public Works and Utilities shall include a plan for the control of erosion and sedimentation as required in Chapter 6 of the City's Urban Service Standards and Guidelines Manual and in Chapter 15.28 of the Port Angeles Municipal Code for the period beginning with the commencement of site development activity and continuing without interruption until permanent site stabilization is achieved. B. No clearing, grubbing, grading or other construction activity may take place on a project site until an erosion and sedimentation control plan has been approved by the Department of Public Works and Utilities. 13.63.260 Property owner responsible for stormwater system maintenance. A. Any person or persons holding title to a property for which stormwater facilities and BMPs have been required by the City of Port Angeles shall be responsible for the continual operation, maintenance and repair of the stormwater facilities and BMPs in accordance with the provisions of this chapter. B. For privately maintained stormwater facilities, the maintenance requirements specified in the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V, shall be required of the owner(s) of the subject property served by the stormwater facility. 13.63.270 Maintenance covenant required for privately maintained drainage facilities. A. Prior to the beneficial use of a project constructed under a City building permit or a stormwater discharge permit, the owner shall record a maintenance covenant which guarantees the City of Port Angeles that the stormwater facilities shall be properly operated, maintained and inspected. The restrictions set forth in such covenant shall be included in any July 5, 2022 F - 28 17 instrument of conveyance of the subject property and shall be recorded with the Clallam County Auditor. B. Maintenance covenants shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater facilities is accepted by the City of Port Angeles. C. Maintenance covenants shall include the maintenance standards specified by the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V, a list of maintenance activities and proposed inspection intervals for each element of the private stormwater system, and a guarantee that any maintenance necessary for any element of the stormwater system will be performed to the standards specified by the Department of Ecology's SWMMWW (2014), Chapter 4, Volume V and within the following schedule: 1. Within one year for wet pool facilities and retention/detention ponds; 2. Within six months for typical maintenance; 3. Within nine months for maintenance requiring re-vegetation; 4. Within two years for maintenance that requires capital construction of less than $25,000.00. D. After satisfactory completion of a stormwater treatment and/or flow control facility meeting minimum requirements #6 and/or #7 or final plat approval, a stormwater facility maintenance bond or other surety acceptable to the City must be posted that warrants the satisfactory performance and maintenance of the stormwater facility for a period of two years. If the City assumes maintenance of the facility, the stormwater facility maintenance bond shall be posted for a period of two years from the date the City assumes maintenance responsibilities. 13.63.275 Source Control Program for Existing Development. A. The City’s regulatory source control program hereby is initiated to satisfy Ecology’s minimum requirements described in the 2019-2024 Phase II 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 City 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 timely and professional 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. July 5, 2022 F - 29 18 5. Implement operational and structural stormwater 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 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. Activity specific 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 City as requiring improvement, upgrade, 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 the program, as described in section B above, 2. implementing the 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 applying progressively adverse consequences to continued non-compliance. The City’s progressive enforcement policy, applicable to the Source Control Program, as well as the overall SWMP, is as follows: 1. Issuance of a Notice of Noncompliance (NoNC) to the business and/or property owner(s), defining: July 5, 2022 F - 30 19 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 PAMC 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 PAMC 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 PAMC 13.63.480 and 13.63.500. 5. Initiate appropriate legal remedies to collect civil penalties, as described in PAMC 13.63.510. The City’s progressive enforcement policy may 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 City. I. Resolution to a hazardous or potentially hazardous situation is described in PAMC 13.63.530. 13.63.280 City inspections of privately maintained stormwater facilities. A. The City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of operating or maintaining the storm and surface water facilities, or to inspect or investigate any condition relating to the stormwater utility; provided, that the City shall first obtain permission to enter from the owner or person responsible for such premises. If entry is refused, the City shall have recourse to every remedy provided by law to secure entry. Notwithstanding the foregoing, whenever it appears to the City that conditions exist requiring immediate action to protect the public health or safety, the City is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting, investigating or correcting such emergency condition. B. Alternatively, a private property owner can choose to hire, at the owner's expense, a qualified third party contractor to conduct stormwater system and facility inspections and submit the inspection results to the City. The contractor shall require pre-approval from the City. July 5, 2022 F - 31 20 13.63.290 City acceptance of new stormwater facilities. The City will accept for maintenance those new residential stormwater facilities constructed under an approved City building permit or stormwater discharge permit that meet the following conditions: A. Improvements in residential plats/PRD's have been completed on at least 80 percent of the lots, unless waived by the Director; and B. All drainage facilities have been inspected and accepted by the Director and said drainage facilities have been in satisfactory operation for at least two years; and C. All drainage facilities reconstructed during the maintenance period have been accepted by the Director; and D. The stormwater facility, as designed and constructed, conforms to the provisions of this chapter; and E. All easements and tracts required under this chapter, entitling the City to properly operate and maintain the subject drainage facility, have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor; and F. For non-standard drainage facilities, an operation and maintenance manual, including a maintenance schedule, has been submitted to and accepted by the City of Port Angeles; and G. A complete and accurate set of reproducible mylar as-built drawings have been provided to the City of Port Angeles; and H. A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements of the system and the City's labor and equipment costs. 13.63.300 City acceptance of existing stormwater facilities. The City of Port Angeles will accept for maintenance those stormwater facilities for residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions: A. Improvements in residential plats/PUD's have been completed on at least 80 percent of the lots; and B. An inspection by the Director has determined that the stormwater facilities are functioning as designed; and C. The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the Director; and D. The person or persons holding title to the properties served by the stormwater facilities submit a petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that the City maintain the stormwater facilities; and July 5, 2022 F - 32 21 E. All easements required under this chapter, entitling the City to properly operate and maintain the subject stormwater facilities, have been conveyed to the City of Port Angeles and have been recorded with the Clallam County Auditor; and F. The person or persons holding title to the properties served by the stormwater facilities shows proof of the correction of any defects in the drainage facilities, as required by the Director; and G. A maintenance fee will be assessed to cover the City's costs for maintenance of the stormwater facilities for the life of the development. The fee will be determined based on the complexity and maintenance requirements of the system and the City's labor and equipment costs. 13.63.310 Easements, tracts and covenants. A. Drainage easements shall be provided in a proposed development for all stormwater conveyance systems that are not located in public rights-of-way or tracts. The drainage easements shall be granted to the parties responsible for providing on-going maintenance of the systems. B. Drainage easements through structures are not permitted. C. Stormwater facilities that are to be maintained by the City of Port Angeles, together with maintenance access roads to the facilities, shall be located in a public right-of-way, separate tract dedicated to the City of Port Angeles, or drainage easement located in designated open space. The exception is for stormwater conveyance pipes that may be located within easements on private property, provided that all catch basins can be accessed without entering private property. D. All runoff from impervious surfaces, roof drains and yard drains shall be directed so as not to adversely affect adjacent properties. Wording to this effect shall appear on the face of all final plats/PUD's, and shall be contained in any covenants required for a development. . . . . 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. July 5, 2022 F - 33 22 13.63.340 Extensions—Preparation of plans and specifications. Upon receipt of the design requirements from the Department, the petitioner shall prepare plans and specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with this chapter and the City's Urban Services Standards and Guidelines Manual. The completed plans and specifications shall have a valid Washington State Professional Engineer's seal and endorsement and shall be submitted to the Department for review and approval. . . . . 13.63.390 Main extensions deeded to City. A. The permit holder shall provide the City with a deed of conveyance for all main extensions as a condition of acceptance of the main extension by the City. B. The transfer of any main to the City shall be on the condition that the owner, district, company, constructor, or contributor shall transfer or provide for any necessary and proper franchise. 13.63.400 Violations of this chapter. The construction or installation of any structure, the connection to a public storm drainage facility, the illicit or illegal discharge to a public storm drainage facility, violations of the construction site stormwater pollution prevention plan SWPPP, or the failure to operate and maintain a permitted stormwater facility which violate the provisions of this chapter shall be declared to be unlawful and a public nuisance and may be abated as such through the use of civil penalties, stop -work orders, water service shut offs, education and outreach as well as any other remedies which are set forth in this chapter, including, but not limited to, revocation of any permits. If the Director chooses to utilize Title 9 of this Code then a violation of any provision of this chapter shall constitute a Class II misdemeanor. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and the response of the offender to less severe enforcement actions. 13.63.410 Inspection. A. Routine 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 insureensure 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 July 5, 2022 F - 34 23 permit under this chapter shall, as a condition of issuance of such permit, agree in writing that such 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 Stormwater Facilities regulated by the City, or other programs developed under the City's SWMP and necessary to satisfy requirements of Ecology's Phase II Permit. Programmatic inspections require a qualified representative from the business, property, 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. CD. The Council shall establish fees for stormwater related inspections. Inspection fees shall be detailed in the PAMC 3.70.110. . . . . 13.63.430 Test procedures. In the event that water quality testing is utilized in determining whether a violation of this chapter has occurred, the water quality test procedures shall be followed as described in the most recent edition of the Code of Federal Regulations, Part 136. . . . . 13.63.450 Cumulative civil penalty. Every person who violates this chapter, or the conditions of a building permit or stormwater discharge permit plan, may shall be liable for a civil penalty. The penalty shall not be less than $100.00 or exceed $1,000.00 for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation. . . . . July 5, 2022 F - 35 24 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, 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 ___________, 2022. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk July 5, 2022 F - 36 Presented by Colleen Robinson CEO of Habitat for Humanity of Clallam County Vision:A world where everyone has a decent place to live Mission:Seeking to put God’s love into action, we bring people together to build homes, communities, and hope. New Home Construction Hear about our most recent homes and our wonderful family partners Repair Programs We build more than just new homes Build Classes Learn more about our four residential build classes Stores We operate two stores out of Sequim and Port Angeles Shop. Donate. Volunteer. Port Angeles Habitat Store 728 E Front Street Sequim Habitat Boutique Store 213 E Washington Street 1 2 3 On Sat. June 11 we Celebrated Melissa's Wall Raising... With the Build Class Students! Hilary & Her Sons will be moving into home 12 of our Maloney Heights Community VERY SOON! Hartnagel Building Supply Here are a few examples of the employers that our homeowners work for: United Engineering Inc. Olympic Garage Door Peninsula Behavioral Health Red Lion Hotel Lower Elwha Klallam Tribe Tranco Transmissions The journey begins… Hazel StreetFairmountAve Thank You…. Browning Enterprise –Port Angeles, WA 06/29/22 “I would like to say Thank You to Habitat for Humanity of Clallam County, I am a 57-year-old woman whose home was in desperate need of a roof, I had no idea how I was going to afford it. I work 2 jobs 8-8 and still unable to come up with funds.My credit score is too low for a decent loan. I contacted different charities I saw online and one of them referred me to Habitat for Humanity, I met Julie she listened to me and right away helped me with paper work questions etc.. she made everything easy, with little to no stress she was very kind and compassionate of my situation. Both Julie and Colleen took care of the everything! Completely eased my stress and kept me informed. I do not know how they arranged this miracle, But I am forever grateful! I have a brand-new roof. I tell everyone I know… how wonderful these ladies were to me, and how great it is to have this organization and all that it does in our community!” Colleen M Port Angeles WA. 98363 (From left to right back row) Annie Jagger, Jody Copeland, Dawn Brown, Joshua King, Kaye Gagnon (Advisory Council) Mark Hodgson, Matthew Carter, Justine Wagner, Craig Jaeger, (front row) Lance German, Beth Halady, Anthony Aceto (not pictured: Jo Johnston) Paul, Marcus, Ashlin, Kim, John, ME, Bruce, Sarah, Ian Not pictured:Shannon, Rudy, Julie, Michelle, Jay Colleen Robinson Chief Executive Officer 360-460-5560 colleen@habitatclallam.org www.habitatclallam.org Date: July 5, 2022 To: City Council From: Nathan A. West, City Manager Subject: Lower Snake River Dams Benefit Replacement Draft Report Comments Background / Analysis: On July 28, 2022, members of our City Council received an email requesting the City of Port Angeles consider adding comments to a draft report released by Senator Patty Murray and Governor Jay Inslee for their salmon recovery plan. Previously City Council has provided unanimous support for Lower Snake River Dam removal including authorizing a letter of support to Representative Derek Kilmer on April 6, 2021. The draft report conveys perspectives on how to replace the services currently provided by four dams on the Lower Snake River, and if those dams are removed, how to restore critically endangered salmon, steelhead and salmon-dependent Southern Resident orcas. The draft report can be found at the following link: at https://www.lsrdoptions.org/wp-content/uploads/2022/06/LSRD-Benefit-Replacement-Draft- Report_2022-0609.pdf The City has an opportunity to include comments on the draft report due by July 11, 2022. The requesting email suggested bullets for consideration in a letter which include: • As our Congressman, Derek Kilmer has said, "…we have a moral obligation to effectively recover both salmon and Southern Resident Orca populations." • Sharing the North Olympic Peninsula with multiple Indian tribes, we recognize the nation's legal obligation to honor the fishing rights guaranteed to the Tribes under treaties signed with the U.S. government. • We also recognize that commercial fishermen and businesses relying on recreational fishing have suffered real harm from declines in salmon and steelhead numbers. • The City of Port Angeles municipal electric utility is committed to delivering reliable, affordable and clean energy, to our citizen owners. • Maintaining the status quo with the lower Snake dams in place will continue uncertainty about what resources BPA will have available to serve its utility customers and what its future costs of fish and wildlife recovery will be. Ongoing litigation would be a certainty. Summary: Multiple Council members requested a desire to have a discussion regarding a draft report on replacing the services of the Lower Snake River Dams if they are breached. Funding: N/A Recommendation: Approve and authorize the Mayor to sign a letter to Senator Murray and Governor Inslee with comments on the draft report entitled Lower Snake River Dams: Benefit Replacement Draft Report. July 5, 2022 I - 1 • While the draft report contains much valuable information, its summary of estimated costs of dam removal and replacement of the dams' services, needs to be balanced by an estimate of costs associated with keeping the lower Snake dams in place. It may well be that dam removal is the cheaper option. Also attached to this memorandum is a short paper provided as part of the request entitled “Do the Math.” Funding Overview: N/A July 5, 2022 I - 2 LET’S DO THE MATH COSTS & BENEFITS OF SALMON RECOVERY Senator Patty Murray and Governor Jay Inslee have released a draft report on how to replace the services currently provided by four dams on the lower Snake River, if those dams are removed to restore critically endangered salmon, steelhead and salmon-dependent Southern Resident orcas. The draft concludes that all of the services the dams provide can be replaced and doing so would provide tangible economic opportunities. It also provides a range of estimated costs of removing the dams and replacing their services: $10-27 billion over 50 years. The high end of that range is a gold-plated fantasy; even the low end may overestimate replacement costs if we plan carefully and wisely. But taking those numbers at face value for now, let’s put them in context. DAM REMOVAL IS THE COST-EFFECTIVE SALMON RECOVERY STRATEGY • Since 1980 NW electric consumers have paid $26.1 billion (in 2022 $$) for Bonneville Power Administration programs to recover fish and wildlife; most of this has gone to salmonid recovery. • These plans have not only failed repeatedly in court, they have failed in the real world of salmon survival. Snake River salmon remain on the path to extinction. o Populations of Snake River salmon today are still about where they were in the late 1990s, when all Snake River stocks were already listed under the Endangered Species Act. • If the lower Snake dams remain in place, these costs not only continue, but almost certainly increase as more extensive and expensive measures are introduced – and without dam removal scientists tell us the salmon and steelhead will likely still go extinct. • The cheaper option, by far, is to do what salmon scientists call for—restore a free-flowing lower Snake—rather than double down on costly, failed strategies. REPLACING THE DAMS’ POWER PRODUCTION ADDS VALUE • The dam’s cost of operation, maintenance, and capital (now about $151 million annually) will increase over time with additional capital investments to keep them going (e.g., replacement of costly items like 21 of their 24 aging turbine generators at an estimated cost of more than $600 million). • At the same time, the power output of the dams is likely to decrease as a result of changes in hydro operations to benefit fish and, potentially, the impacts of climate change on the amount of water in the river. • A 2022 study of power replacement options by Energy Strategies LLC found that “replacement portfolios will generate power at times when the region needs it the most, resulting in $69M - $131M million per year of energy value above and beyond what the LSR dams provide for the same time period. July 5, 2022 I - 3 • We can pay more for less, or invest in clean new energy resources that would provide more value than the output of the lower Snake dams. Once again, dam removal is likely the cheaper option, and smarter too. OTHER COSTS OF THE STATUS QUO (aka BENEFITS OF A FREE-FLOWING SNAKE) • Tribal fishing—commercial and subsistence—has been gravely impacted by declines in salmon and steelhead (and lamprey and other species). The draft report estimates that recovery of these stocks would boost annual tribal harvest by at least 29%. • More fish will support more fishermen. As late as 1978 there were more than 3,000 Washington-based commercial salmon trollers. Today, with depressed salmon populations, there are barely 100—a loss of 6,000 jobs in the fishing fleet and more in onshore businesses providing services, supplies and equipment to fishermen. • Opportunities for recreational fishing, and the jobs and economic activity they generate, have likewise been limited by the dearth of salmon. According to the draft report, though, a restored salmon fishery could generate an additional $1 billion annually in income and support up to 25,000 more jobs. • Millions of salmon once annually brought multi-millions of pounds of nutrients from the ocean to feed and enrich wildlife, rivers and forests. These ecosystem services are now depressed, along with fish numbers, and would be substantially restored with salmon and steelhead recovery. WE CAN AFFORD SALMON RECOVERY • Let’s put the draft report’s $10-27 billion estimate in the context of the regional economy. In 2021 alone the four NW states had a combined Gross State Product in excess of $1.1 trillion. Over the next fifty years, and in the context of a growing regional economy, even at the high (and unrealistic) end of the report’s estimate, $27 billion is not a daunting figure. • We can, economically speaking, afford any salmon recovery path we choose. What we cannot afford to do is choose the path to salmon extinction. THERE ARE MORAL COSTS OF INACTION Life is not just about dollars. Failure to recover endangered salmonids is a failure to honor treaties between the U.S. government and Indian Tribes, as the Tribes are plainly telling us. All citizens would own a share of that legal, and moral, failure. July 5, 2022 I - 4 Date: July 5, 2022 To: City Council From: Nathan A. West, City Manager Subject: Lower Elwha Klallam Tribe – Letter of Support Background / Analysis: On June 23, 2022, the Mayor received a request from Lower Elwha Klallam Tribe’s Chairwoman, Frances Charles. Her letter requested assistance in obtaining a letter of support from the City of Port Angeles for Congressional legislation sponsored by Representative Kilmer that would transfer the lands surrounding the former Lake Aldwell and the Elwha Dam to the Lower Elwha Klallam Tribe in trust and reservations status. Chairwoman Charles added that Representative Derek Kilmer plans to introduce the legislation this week. The Tribe asks that should the City authorize the support, that the signed letter of support be returned as soon as possible. By way of background information, the Elwha River Ecosystem and Fisheries Restoration Act, P.L. 102- 495, 10 Stat. 3173, October 24, 1992 (EREFRA), authorized the Secretary of the Interior to acquire the property necessary to carry out the dam removal and the restoration of the ecosystem and fisheries on the Elwha River. Subsection 3(c)(3) of EREFRA directed the Secretary to address the suitability of, among other things, the transfer of lands acquired for the project outside of the boundaries of Olympic National Park to the Lower Elwha Klallam Tribe. The parcels subject to this legislation are those that were acquired by the Secretary, outside the boundaries of Olympic National Park, either for the demolition of the lower dam, or as required to mitigate the impact of dam removal. The Lake Aldwell parcels (approximately 1,061 acres) were acquired for the demolition of the Elwha Dam and ecological restoration of the dewatered Lake Aldwell reservoir. The Lower Elwha Klallam Tribe performed a large share of the actual restoration work on these parcels including revegetation of the former reservoir site, and operation of on-reservation hatchery programs that have preserved the native Elwha genetics of four species of anadromous fish. The three Hill parcels (approximately 16.83 acres) and the Halberg parcel (approximately 4.8 acres) were acquired to construct the pipeline conveying surface water to the Tribe’s new fish hatchery built as mitigation for the dam removal project. Water for the new hatchery is supplied from the City of Port Angeles’s new surface water intake and water treatment plant, which were constructed as mitigation to protect the City’s municipal and industrial water supply. The Hill and Halberg parcels are contiguous to Summary: The Lower Elwha Klallam Tribe has requested the City’s support in the form of a letter for the transfer of land into Trust and Reservation Status. Funding: N/A Recommendation: Approve and authorize the Mayor to sign the letter in support of the transfer of lands to the Lower Elwha Klallam Tribe. July 5, 2022 I - 5 the Tribe’s reservation boundary and adjacent to the Tribe’s fish hatchery pipeline and right -of-ways for the operation and maintenance of that pipeline and were identified by the National Park Service for transfer to the Tribe on that basis. It is recommended that Council approve and authorize the Mayor to sign the attached draft letter in support of the land transfer. A property map has also been attached. Funding Overview: N/A Attachments Draft Letter of Support Map of properties July 5, 2022 I - 6 June 23, 2022 Representative Derek Kilmer 2059 Rayburn House Office Bldg. Washington, DC 20515 Email: Re: Support for the Transfer of Lands to the Lower Elwha Klallam Tribe in Trust and Reservation Status Dear Representative Kilmer: On behalf of the City of Port Angeles, I respectfully urge Congress to transfer to the Lower Elwha Klallam Tribe, in trust and reservation status, the lands outside of Olympic National Park boundaries that the Interior Department acquired to carry out the removal of the two Elwha River dams. The dam removal project provided the City of Port Angeles with an opportunity to support a worthy conservation effort for the benefit of the environment, its citizens, and its closest neighbor the Lower Elwha Klallam Tribe. The removal of the dams presented serious challenges for the City: the loss of electrical generation from hydropower, as well as a threat to its municipal and industrial water supply. In partnership with the National Park Service (NPS) and the Lower Elwha Klallam Tribe, the City was able to rise to these challenges and be part of a dam removal and environmental restoration project unlike anything the United States has ever accomplished before. The Tribe, the City, and NPS worked together to co-locate the City’s and Tribe’s points of diversion on the Elwha River for municipal, industrial, and hatchery water supply to protect the diversions from potential harm that might result from dam removal. It was difficult work that required cooperation, understanding and compromise on the part of all involved, but we are all better for having worked through it. In addition to the parcels surrounding the Elwha Dam and Lake Aldwell, NPS acquired four parcels of land (3 parcels known as the Hill parcels and I parcel known as the Halberg parcel) that are in close proximity to the water intake and treatment facilities that NPS constructed for the City. Those parcels are contiguous with the Tribe’s reservation and were acquired for the construction of the pipeline that supplies water to the Tribe’s fish hatchery. In 2018, the water intake and treatment facilities were transferred to the City by a settlement agreement between NPS and the City. The City does not have any need for the four parcels and supports their transfer to the Tribe. Although the City was initially opposed to dam removal, because it perceived dam removal as incompatible with the interests it sought to protect, those perceptions were changed by having worked through the dam removal process. The City is pleased to have this opportunity to support the transfer of the lands acquired by NPS for the removal of the Elwha River dams to the Lower Elwha Klallam Tribe in trust and reservation status. Sincerely, _______________________________ Kate Dexter, Mayor City of Port Angeles July 5, 2022 I - 7 Highway 112 2167 ft 744 ft C o villeCre e kEdenVall eyRd Dan Kelly Rd StateForestRdHighway 101 101 StateForest R d OlympicHotSpringsRdOld State R d Elwha Elwh a Riv e r RdElwhaRimT r l DanKelly RdRife Rd Hig h wa y 1122164 ft 101 Po w e r P l a n t R d LairdRdHighway 112 762 ft 101 Li t tl e River Rd W H i ghway 101 1109 26 03 25 05 23 16 24 27 29 04 10 22 15 02 08 21 17 28 14 20 National Park Service U.S. Department of the Interior [0.25 0 0.25 0.5 Miles OFFICE: Lands Resources Program Center REGION: Pacific West, Interior Region 9 PARK: OLYM TOTAL PROPOSED AREA TO BE TRANSFERRED: 1,082.63 ± ACRES MAP NUMBER: 149/178020 DATE: December 2021 AREA OF INTEREST Olympic National Park Park Boundary Existing National Park Service (NPS) Land NPS Parcels to be Transferred to Tribe Proposed Transfer of Elwha Lands To City of Port Angeles To Olympic National Park LEGEND U.S.A CANA D A Tacoma Seattle Port Angeles HILL PARCELS (3) 16.83 ± acres HALBERG PARCEL 4.8 ± acres LAKE ALDWELL PARCELS 1,061 ± acres T. 30 N., R. 7 W., W.M., Clallam County, WA Little Rive r R d Elwha RiverLower Elwha Reservation July 5, 2022 I - 8 Date: July 5, 2022 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Thomas Hunter, Public Works and Utilities Director Abbi Fountain, Human Resources Manager Subject: Community and Economic Development, Finance and Public Works and Utilities Department Position Changes and Restructure Background / Analysis: Considering limited resources, it is common practice for City management to review position and department structure in order to analyze any costs increases and or savings that may result from a restructure. Equally valuable is the importance of ensuring we strive to create the most efficient and effective work force structure. In recent months the Community & Economic Development, Finance and Public Works and Utilities’ Departments have experienced turnover in key administrative and management positions. Staff capacity continues to be a priority for both City Council and City management. The proposed restructures capitalize on the restructuring of key positions to allow for staff to be more accountable, improve efficiencies, enhance internal and external customer service and provide quality services to the Port Angeles community. For several years, City management has evaluated the need to create an Assistant City Manager position. Numerous cities, similar in size to Port Angeles, employ an Assistant City Manager to oversee a variety of executive level responsibilities. The City of Port Angeles operates as a full-service city and provides a number of services to the community. In response to the needs of each department and the community, the primary goal of this restructure is to improve customer service, community partnerships and focus on the quality of service being provided. Summary: The City Manager in collaboration with Human Resources is proposing position title changes and restructure in the Community and Economic Development, Finance and Public Works and Utilities Departments. Change in structure includes job title changes, the addition of job classifications and updates to the respective union contracts and salary schedules. Funding: The restructure is designed to have as close to a neutral impact to the City’s Budget as possible. In total the cost increase for this planned restructure is estimated at $5,100. This amount will be partially allocated to other funds for services performed by these positions. Recommendation: Approve the proposed position restructures in the Community and Economic Development, Finance and Public Works and Utilities Departments and authorize the City Manager and Human Resources to determine the correct placement of the job classifications on the current salary schedules based on comparative data from similar size cities and create or update applicable job descriptions. July 5, 2022 I - 9 The proposed restructures include a redistribution of job duties, change in job titles and additional job classifications created. No new positions are being created. The restructuring will consist of the same number of positions each department currently have budget approval for in 2022. The restructure impacts vacant positions only with the exception of two promotions for the current Associate Planner and Financial Analyst. Community and Economic Development Restructure and Position Changes Current staffing model for the Community and Economic Development Department includes six (6) regular full-time positions and two (2) temporary project positions: •Community and Economic Development Director (VACANT) •Community Development Manager (VACANT) •Associate Planner •Assistant Planner •Housing Coordinator (two-year project position) •Building Inspector •Development Services Specialist •Community Development Technician (one year project position) The proposed restructure will maintain the current number of six positions, no additional positions will be added, however job classifications will be added so that the city may hire according to the new restructure or promote internal staff when necessary. The proposed restructure includes - •The creation of an Assistant City Manager/Director of Community Services position which will also assume the role of Director. In addition to managing planning, permitting, and development services, this position will also oversee housing, climate, environmental and economic development areas of responsibility. •A Deputy Director position whose primary responsibility will be oversight of the permitting process and development services. •The addition of two job classifications to add to the Planner job classification progression. This position will be directly accountable for long range planning, climate and environment. The progression is as follows: o Senior Planner o Principal Planner The above proposed changes will enable focus and accountability for our community service functions and will take on responsibilities that directly aid in the effectiveness of the City Manager. Finance Department Position Changes Current vacant positions - •Senior Financial Systems Analyst •Cost and Capital Accountant The proposed position changes include – •Change the Senior Financial Systems Analyst position to an entry level financial/information technology position. •Split the responsibilities of the Cost and Capital Accountant into two positions. The Financial Analyst will assume one of these positions. July 5, 2022 I - 10 The proposed changes to Finance Department staffing will provide increased efficiencies and accuracy within the department by creating subject matter experts in the respective financial areas. This is particularly important as many financial reports and documents have timelines required by the State or Federal government that must be met in order to receive funding or prevent fees and fines for non- compliance. The current staffing structure spreads accounting duties in various fields and at times prevents the ability to provide focused expert analysis as there are competing deadlines. The proposed restructure will give staff the ability to provide analysis in one area of finance thereby creating efficiency and accuracy without the need to perform duties in areas that staff members have not specialized in. The intended result will create better internal controls, reduce time associated with tasks, increase accuracy in financial reporting and provide better and more timely service to City departments. Public Works and Utilities Department Restructure and Position Changes Current vacant positions - • Public Works Administrative Supervisor • Three (3) Administrative Specialist positions in Public Works Operations The proposed position changes and restructure includes – • Changing the Public Works Administrative Supervisor job title and description to Assistant Director of Public Works and Utilities. This position will no longer have supervision responsibilities. • Changing the three Administrative Specialist positions and updating job descriptions. These positions will report to Public Works Operations Management - o Public Works Operations Coordinator o Public Works Operations Specialist o Public Works Operations Project Manager The Public Works restructure of the existing and historical administrative structure maximizes the use of existing positions to remove operational impacts to capital efforts, provide greater workplace safety to field staff, increase procurement support, provide additional employee benefit support, as well as create internal and external consistency for customer service. By moving away from outdated management processes the Public Works department has set itself up to utilize these positions more efficiently in a manner that will increase our ability to respond to customer inquiries as well as increasing support for existing staff. By changing these processes and utilizing these positions in this manner, internal processes will now be able to create consistency across all divisions of Public Works, improving information and forecasting for future budget cycles and COSA’s. Funding Overview: The restructure is designed to have as close to a neutral impact to the City’s Budget as possible. In total the cost increase for this planned restructure is estimated at $5,100. This amount will be partially allocated to other funds for services performed by these positions. July 5, 2022 I - 11 Date: July 5, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Service Agreement – Class B Biosolids Transportation & Beneficial Use Services Background / Analysis: As a part of the City’s operational assumption of the Regional Transfer Station, services previously performed by Waste Connections, Inc., are being reviewed for efficiency and improvement. During this evaluation phase it was discovered, that the compost facility is not operational at this time. Because the compost facility is not operational, there is no convenient, local mechanism to dispose of biosolids produced at the City’s wastewater treatment plant (WWTP). During this period of evaluation this disposal method is a temporary approach until a long term strategy is fully identified. Additionally, this temporary biosolids disposal method has been approved by the Department of Ecology. Biosolids are generated at the WWTP as a by-product of the biological treatment process that cleanses wastewater. The plant typically produces approximately 30 tons per week. The most common, and the most beneficial use of biosolids is to apply them to farmland. For that purpose the biosolids are anaerobically digested to meet Class B requirements per WA State regulations. Biosolids provide beneficial use as an important source of soil nutrients for land application. This agreement provides a method of biosolids usage, that complies with state and federal regulations, in the absence of composting at the City’s Solid Waste Transfer Station. Tenelco Inc. will transport and land-apply the biosolids on their permitted properties in Douglas County, Washington. Disposal of biosolids via land application in Eastern Washington is the most reasonable solution considering the current circumstances. Funding Overview: The 2022 wastewater budget (403-7480-535-4710) includes $121,500 for Biosolids Recycling. A similar amount will be included in the proposed 2023 wastewater budget. Summary: The purpose of this memo is to request City Council award a service agreement, with Tenelco Inc., for transportation and beneficial use services of Wastewater Treatment Plant Class B Biosolids. Funding: The 2022 wastewater budget (403-7480-535-4710) includes $121,500 for Biosolids Recycling. A similar amount will be included in the proposed 2023 wastewater budget. Recommendation: Approve and award a contract with Tenelco Inc. for biosolids transport and beneficial use at a rate of $122.00 per ton, not to exceed $200,000.00, and authorize the City Manager to sign and administer the contract and make minor modifications, as necessary. July 5, 2022 J - 1 Date: July 5, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Material Purchase: Overhead Distribution Transformers MEC-2022-14, Contract Award Background / Analysis: This procurement is to replenish the Light Operations Division’s transformer inventory. Six (6) line-items, totaling fifty-one (51) overhead transformers were included on the bid documents. The transformers will be used in ongoing work including installing new transformers and replacing existing transformers that cannot be met through reuse and refurbishment of existing units returned from the field. Material costs and lead times for electrical components have continued to increase faster than expected. The quoted prices on this contract are 3 to 5 times the expected cost on each line-item. The lead times are quoted at 100+ weeks. Prior to COVID, lead time on overhead transformers could be expected at 8-12 weeks. Bids for the Overhead Transformers materials purchase were solicited through advertisement on the City’s website, the newspaper, and notification to all companies on the City’s vendor list for this type of material. A single bid was received on May 26, 2022 from Wesco/Anixter of Portland, OR, with a bid of $301,247.62, including tax, for six line-items. An award to Wesco/Anixter of Portland, OR, for the purchase of items on this contract is being recommended. Contractor Bid Amount, including tax Wesco/Anixter, Portland, OR $301,247.62 Government Estimate $80,000.00 Funding Overview: Funding in the amount of $301,247.62 is available in the approved 2022 Electric Utility Material Inventory budget (401-0000-141.44-00). Once installed, the items will be expensed to the Supplies and Inventory budget (401-7180-533.34-02). Summary: The purpose of this memo is to receive City Council approval to award a contract for the 2022 Overhead Transformers materials purchase to Wesco/Anixter of Portland, OR, in the amount of $301,247.62. including tax. Funding: Funding in the amount of $301,247.62 is available in the approved 2022 Electric Utility material inventory budget (401-0000-141.44-00). Recommendation: Award a contract to Wesco/Anixter of Portland, OR for the 2022 Overhead Distribution Transformers Materials Purchase MEC-2022-14, in the amount of $301,247.62, including applicable taxes, and authorize the City Manager to sign all documents necessary to execute and administer the contract and make minor modifications as necessary. July 5, 2022 J - 2 Date: To: From: Subject: July 5, 2022 City Council Brian S. Smith, Police Chief WASPC Mental Health Field Response Grant, 2022-2023 Award Contract Background / Analysis: The Port Angeles Police Department is required to implement the Mental Health Field Response Program as described in the “Project Narrative” and “Project Timeline” (as attached in “Exhibit A” in the contract) The REdisCOVERY 1.0 program will include the following elements as central features: •The contractor will include at least one mental health professional, as defined in RCW 71.05.020(39), who will perform field response professional services under the plan. A mental health professional may assist patrolling law enforcement officers either in the field or in an on- call capacity. •The mental health professional may also provide preventive, follow-up, training on mental health field response best practices, or other services at the direction of the local law enforcement agency. Nothing limits the mental health professional's participation to field patrol. The contractor is required to develop and submit to WASPC a “Sustainability Plan” by January 31, 2023. This plan shall consist of the following elements: •Description of and dollar amounts of current funding for the Field Response program, to include WASPC funds and funds from other sources that support the program. To allow agencies to provide the best and most comprehensive services possible, WASPC is allowing funding to be utilized for staffing of programs by properly credentialed and trained staff, at the following levels, under the stated conditions: Summary: The Washington Association of Sheriffs and Police Chiefs (WASPC) has again awarded the Mental Health Field Response grant to the Port Angeles Police Department (PAPD). PAPD intends to continue to contract with the Olympic Peninsula Community Clinic (OPCC) to provide the services as described in the WASPC grant. Staff intends to use the grant for the REdisCOVERY 1.0 program though the provision of a social worker and a mental health professional who will work closely with the PAPD patrol teams. The period of performance is July 1, 2022 through June 30, 2023. The City of Port Angeles is grantee and OPCC will be the contractor. Funding: There is no City match for this grant. The award is for $259,020.00. It will pay the contract salaries for staff provided by OPCC and for other expenses. Recommendation: Accept the grant authorizing the City Manager to sign a professional services contract for mental health field response with WASPC and a contract with OPCC for services and to make minor modifications to both contracts as necessary. July 5, 2022 J - 3 Mental Health Professional (MHP) as defined by RCW 71.05.020(39): o Programs must have a minimum of 0.51FTE of MHP time dedicated to the program, -Only MHPs are allowed to respond to clients in acute crisis or those experiencing a level of heightened agitation, -MHPs are required to develop “Care Plans” for every client that they anticipate having regular, ongoing contact with, or that they anticipate a non-MHP from their program will provide follow- up services to. -Non-MHPs: Individuals not meeting the definition of MHP as defined by RCW 71.05.020(39) may provide services to clients that are not in acute crisis at the time of their interaction under certain circumstances. Funding: $259,020.00 has been provided to the City by WASPC. This is a significant increase from the 2021-2022 grant (previously $114,000). July 5, 2022 J - 4 June 27, 2022 Via email: jviada@cityofpa.us Deputy Chief - Jason Viada Port Angeles Police Department 321 E 5th St Port Angeles, WA 98362 Dear Deputy Chief Viada, Subject: Mental health Field Response (MHFR) Grant Program Thank you for your Mental health Field Response Grant Program application. The grant review committee has reviewed and approved your application for funding under this program. The final due date for a signed copy of the attached contract is 4:00 PM PDT on July 29, 2022. If you are unable to execute your contract by this date, please notify me as soon as possible with a date that you anticipate being able to execute the contract by. Failure to return a signed copy by the deadline may result in the withdrawal of this award to your agency. Please note that the contract document must be signed and returned in its entirety, with no pages missing or left out. Signed contracts may be sent to me in PDF format via email at sbriggs@waspc.org. Alternatively, if your agency requires a direct countersigned contract, please send one signed copy of your entire contract and all attachments by mail to: WASPC Mental Health Field Response Program Attn: Steven Briggs 3060 Willamette Dr. NE Ste 200 Lacey, WA 98516 I look forward to working with you in the coming year. If you have any questions, please contact me by phone at (360) 486-2389 or email me at sbriggs@waspc.org. Sincerely, Steven Briggs Programs Coordinator cc: Chief Smith via email: bsmith@cityofpa.us July 5, 2022 J - 5 PROFESSIONAL SERVICES CONTRACT for Mental Health Field Response WASPC Contract Number: MHFR-22-007 THIS CONTRACT is made by and between the Washington Association of Sheriffs and Police Chiefs (WASPC) and Port Angeles Police Department (Contractor). CONTRACTOR NAME CONTRACTOR DOING BUSINESS AS (DBA) Port Angeles Police Department N/A CONTRACTOR ADDRESS STREET CITY STATE ZIP CODE 321 E 5th St Port Angeles WA 98362 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR E-MAIL ADDRESS Deputy Chief - Jason Viada (360) 912-0106 jviada@cityofpa.us Is Contractor a Subrecipient under this Contract? FUNDING AUTHOIRTY FFATA Form Required YES NO RCW 36.28A.440 WASPC PROGRAM WASPC DIVISION/SECTION Mental Health Field Response Projects and Programs WASPC CONTACT NAME AND TITLE WASPC CONTACT ADDRESS Steven Briggs Program Coordinator Steven Briggs 3060 Willamette Dr. NE, STE 200 Lacey, WA 98516 WASPC CONTACT TELEPHONE WASPC CONTACT E-MAIL ADDRESS (360) 486-2389 sbriggs@waspc.org CONTRACT START DATE CONTRACT END DATE TOTAL MAXIMUM CONTRACT AMOUNT July 1, 2022 June 30, 2023 $259,020.00 PURPOSE OF CONTRACT: FUNDING SOURCE: To provide services to communities in Washington State as set forth in RCW 36.28A.440. Washington State Healthcare Authority (State Funds) SERVICE AREA: Clallam County, Cities of: Port Angeles & Sequim CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED WASPC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Kim Goodman, Chief of Staff July 5, 2022 J - 6 TABLE OF CONTENTS RECITALS .......................................................................................................................................... 5 1. STATEMENT OF WORK (SOW) .................................................................................................. 5 2. DEFINITIONS ............................................................................................................................... 5 3. SPECIAL TERMS AND CONDITIONS ......................................................................................... 8 3.1 PERFORMANCE EXPECTATIONS ..................................................................................... 8 3.2 TERM ................................................................................................................................... 8 3.3 DATA COLLECTION ............................................................................................................ 9 3.4 COMPENSATION ................................................................................................................ 9 3.5 INVOICE AND PAYMENT .................................................................................................... 9 3.6 CONTRACTOR and WASPC CONTRACT MANAGERS .................................................... 10 3.7 LEGAL NOTICES ............................................................................................................... 11 3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE .......................... 11 3.9 INSURANCE ...................................................................................................................... 12 4. GENERAL TERMS AND CONDITIONS ..................................................................................... 13 4.1 ACCESS TO DATA ............................................................................................................ 13 4.2 ADVANCE PAYMENT PROHIBITED ................................................................................. 13 4.3 AMENDMENTS .................................................................................................................. 13 4.4 ASSIGNMENT .................................................................................................................... 13 4.5 ATTORNEYS’ FEES .......................................................................................................... 14 4.6 AUDIT ................................................................................................................................ 14 4.7 CHANGE IN STATUS ......................................................................................................... 14 4.8 CONFIDENTIAL INFORMATION PROTECTION ............................................................... 14 4.9 CONTRACTOR’S PROPRIETARY INFORMATION ........................................................... 15 4.10 CONFORMANCE WITH 2 CFR 200 AND RELEVANT STATE AND LOCAL LAWS ........... 15 4.11 COVENANT AGAINST CONTINGENT FEES .................................................................... 15 4.12 DEBARMENT ..................................................................................................................... 16 4.13 DISPUTES ......................................................................................................................... 16 4.14 ENTIRE AGREEMENT ....................................................................................................... 17 4.15 FORCE MAJEURE ............................................................................................................. 17 4.16 FUNDING WITHDRAWN, REDUCED OR LIMITED ........................................................... 17 4.17 GOVERNING LAW ............................................................................................................. 18 4.18 HUMAN SUBJECTS PROTECTION ................................................................................... 18 4.19 WASPC NETWORK SECURITY ........................................................................................ 18 July 5, 2022 J - 7 4.20 INDEMNIFICATION ............................................................................................................ 18 4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR ....................................................... 19 4.22 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 19 4.23 LEGAL AND REGULATORY COMPLIANCE ...................................................................... 19 4.24 LIMITATION OF AUTHORITY ............................................................................................ 19 4.25 NO THIRD-PARTY BENEFICIARIES ................................................................................. 19 4.26 NONDISCRIMINATION ...................................................................................................... 20 4.27 NON-SUPPLANTING CERTIFICATION ............................................................................. 20 4.28 OVERPAYMENTS TO CONTRACTOR .............................................................................. 20 4.29 PAY EQUITY ...................................................................................................................... 20 4.30 PUBLICITY ......................................................................................................................... 21 4.31 RECORDS AND DOCUMENTS REVIEW .......................................................................... 21 4.32 REMEDIES NON-EXCLUSIVE ........................................................................................... 22 4.33 RIGHT OF INSPECTION .................................................................................................... 22 4.34 RIGHTS IN DATA/OWNERSHIP ........................................................................................ 22 4.35 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ..................................................... 23 4.36 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY ............................... 23 4.37 SEVERABILITY .................................................................................................................. 24 4.38 SITE SECURITY ................................................................................................................ 24 4.39 SUBCONTRACTING .......................................................................................................... 24 4.40 SURVIVAL .......................................................................................................................... 25 4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION .......................................... 25 4.43 TERMINATION PROCEDURES ......................................................................................... 27 4.44 WAIVER ............................................................................................................................. 28 4.45 WARRANTIES.................................................................................................................... 28 SCHEDULE A................................................................................................................................... 29 SCHEDULE B................................................................................................................................... 32 EXHIBIT A ........................................................................................................................................ 33 EXHIBIT B ........................................................................................................................................ 34 July 5, 2022 J - 8 Schedules Schedule A: Statement of Work (SOW) Schedule B: Approved Budget Exhibit A: Project Narrative and Timeline Exhibit B: Project Budget July 5, 2022 J - 9 Contract # MHFR-22-007 RECITALS House Bill 2982, Chapter 142, Laws of 2018, went into effect on June 7, 2018. The purpose of the grant program is to assist local law enforcement agencies to establish and expand mental health field response capabilities, utilizing mental health professionals to professionally, humanely, and safely respond to crises involving persons with behavioral health issues with treatment, diversion, and reduced incarceration time as primary goals. WASPC has determined that entering into a Contract with Port Angeles Police Department will meet WASPC’s needs. NOW THEREFORE, WASPC awards to Port Angeles Police Department this Contract, the terms and conditions of which will govern Contractor’s providing to WASPC the services and Data from Contractor’s Mental Health Field Response program. IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as follows: 1. STATEMENT OF WORK (SOW) The Contractor will provide the services and staff as described in Schedule A: Statement of Work. 2. DEFINITIONS “Authorized Representative” means a person to whom signature authority has been delegated in writing acting within the limits of his/her authority. “Breach” means the unauthorized acquisition, access, use, or disclosure of Confidential Information that compromises the security, confidentiality, or integrity of the Confidential Information. “Business Days and Hours” means Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington. “Care Plan” is a document developed by a Mental Health Professional (MHP) who meets the definition outlined in RCW 71.05.020(39). A “Care Plan” must contain, at a minimum, the following elements: 1. Client’s name and identifying demographic information 2. Client’s known or suspected behavioral health and/or substance use related conditions, 3. Information that can be used by all program staff to avoid generating a negative psychological or physical response on the part of the client, July 5, 2022 J - 10 4. Information that can be used by all program staff to create a safe and positive environment for the client and staff that are interacting with the client, 5. A section that clearly articulates the steps that the MHP completing the plan believes is necessary to improve the stability, wellbeing, and safety of the client for whom the plan is made. 6. A section that clearly articulates when a staff member should disengage with a client that appears to be escalating to a state of acute crisis or agitation. 7. A section that clearly articulates what steps should be taken for the client’s stability, wellbeing, and safety after a staff member disengages because the client appears to be escalating to a state of acute crisis or agitation. 8. A date by which the plan expires or must be updated. Note that a specific date, no more than 365 days in the future, must be provided. If at any time it appears that the plan has expired, or needs to be updated, a MHP must update the plan prior to any further services being provided. “CFR” means the Code of Federal Regulations. All references in this Contract to CFR chapters or sections include any successor, amended, or replacement regulation. The CFR may be accessed at http://www.ecfr.gov/cgi-bin/ECFR?page=browse. “Community Agency” means an organization that works with and supports people working through behavioral health challenges but does not directly provide treatment. The organization can be a nonprofit or government/public agency as defined in the application “Confidential Information” means information that may be exempt from disclosure to the public or other unauthorized persons under chapter 42.56 RCW or chapter 70.02 RCW or other state or federal statutes or regulations. Confidential Information includes, but is not limited to, any information identifiable to an individual that relates to a natural person’s health, (see also Protected Health Information); finances, education, business, use or receipt of governmental services, names, addresses, telephone numbers, social security numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and any other identifying numbers, law enforcement records, software source code or object code, or WASPC or State security information. “Contract” means this Contract document and all schedules, exhibits, attachments, incorporated documents and amendments. “Contractor” means Port Angeles Police Department, D/B/A/: N/A, its employees and agents. Contractor includes any firm, provider, organization, individual or other entity performing services under this Contract. It also includes any Subcontractor retained by Contractor as permitted under the terms of this Contract. “Data” means information produced, furnished, acquired, or used by Contractor in meeting requirements under this Contract. July 5, 2022 J - 11 “Date of Execution” or “Effective Date” means the first date this Contract is in full force and effect, or the date of the last signature of a party to this Contract. “Government/Public Agency” means an educational service district, school district, law enforcement agency, therapeutic court or probation office, public health district, a recognized American Indian organization, an Urban Indian Health Organization, or a Tribe. “WASPC Contract Manager” means the individual identified on the cover page of this Contract who will provide oversight of the Contractor’s activities conducted under this Contract. "Overpayment" means any payment or benefit to the Contractor in excess of that to which the Contractor is entitled by law, rule, or this Contract, including amounts in dispute. “Proprietary Information” means information owned by Contractor to which Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark, or trade secret laws. “Protected Health Information” or “PHI” means individually identifiable information that relates to the provision of health care to an individual; the past, present, or future physical or mental health or condition of an individual; or past, present, or future payment for provision of health care to an individual, as defined in 45 CFR 160.103. Individually identifiable information is information that identifies the individual or about which there is a reasonable basis to believe it can be used to identify the individual, and includes demographic information. PHI is information transmitted, maintained, or stored in any form or medium. 45 CFR 164.501. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USC 1232g(a)(4)(b)(iv). “RCW” means the Revised Code of Washington. All references in this Contract to RCW chapters or sections include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at: http://apps.leg.wa.gov/rcw/. “Statement of Work” or “SOW” means a detailed description of the work activities the Contractor is required to perform under the terms and conditions of this Contract, including the deliverables and timeline, and is Schedule A hereto. “Subcontractor” means a person or entity that is not in the employment of the Contractor, who is performing all or part of the business activities under this Contract under a separate contract with Contractor. The term “Subcontractor” means subcontractor(s) of any tier. “Subrecipient” shall have the meaning given in 45 C.F.R. 75.2, or any successor or replacement to such definition, for any federal award from HHS; or 2 C.F.R. 200.93, or any successor or replacement to such definition, for any other federal award. “USC” means the United States Code. All references in this Contract to USC chapters or sections will include any successor, amended, or replacement statute. The USC may be accessed at http://uscode.house.gov/ July 5, 2022 J - 12 “WAC” means the Washington Administrative Code. All references to WAC chapters or sections will include any successor, amended, or replacement regulation. Pertinent WACs may be accessed at: http://app.leg.wa.gov/wac/. 3. SPECIAL TERMS AND CONDITIONS 3.1 PERFORMANCE EXPECTATIONS Expected performance under this Contract includes, but is not limited to, the following: 3.1.1 Knowledge of applicable state and federal laws and regulations pertaining to subject of the Contract; 3.1.2 Use of professional judgment; 3.1.3 Collaboration with WASPC staff in Contractor’s conduct of the services; 3.1.4 Conformance with WASPC directions regarding the delivery of the services; 3.1.5 Timely, accurate and informed communications; 3.1.6 Regular completion and updating of project plans, reports, documentation and communications; 3.1.7 Regular, punctual attendance at all meetings; 3.1.8 Provision of high-quality services, and Prior to payment of invoices, WASPC will review and evaluate the performance of Contractor in accordance with Contract and these performance expectations and may withhold payment if expectations are not met or Contractor’s performance is unsatisfactory. 3.2 TERM 3.2.1 The initial term of the Contract shall be July 1, 2022 and continue through June 30, 2023, unless terminated sooner as provided herein. 3.2.2 Work performed without a contract or amendment signed by the Authorized Representatives of both parties will be at the sole risk of the Contractor. WASPC will not pay any costs incurred before a contract or any subsequent amendment(s) is fully executed. 3.2.3 A completed contract is expected within 30 days following the letter of intent to award. In the event a contract is not signed (through no fault of WASPC) by the awarded Applicant within 30 days, WASPC may elect to cease negotiations, withdraw the award, and award to the next most advantageous Applicant. July 5, 2022 J - 13 3.3 DATA COLLECTION 3.3.1 The CONTRACTOR shall utilize the data collection tool provided by WASPC, hereinafter referred to as the WASPC Data Collection Tool, which is the JULOTA Reach Software. The CONTRACTOR must provide sufficient resources to establish the administrative permissions necessary for the WASPC Data Collection Tool to be fully operational at the time field response begins at the agency(ies). The CONTRACTOR, if not already done so, shall execute the JULOTA “SaaS Use Agreement”, which will be separately executed between the CONTRACTOR and JULOTA within 30 days of the execution of this contract. 3.4 COMPENSATION 3.4.1 The Maximum Compensation payable to Contractor is $259,020.00. 3.4.2 Contractor’s compensation for services rendered will be based in accordance with Schedule B: Approved Budget. 3.4.3 The CONTRACTOR shall submit to WASPC a written request to effect any change(s) in the project budget which reflect a cumulative transfer of greater than ten percent (10%) in aggregate among budget line items as indicated in Schedule B: Approved Budget. WASPC may approve or deny the request at its sole discretion. 3.4.4 Allowable costs shall include costs incurred by the CONTRACTOR from the first date of the CONTRACT period, until the CONTRACT is terminated or expires as provided herein as evidenced by the CONTRACTOR submitting a proper WASPC Reimbursement Request Form, submitted to WASPC on a timely basis, insofar as those allowable costs do not exceed the maximum amount of authorized funding as provided on the Facesheet of this contract. Costs allowable under this CONTRACT are based on the budget approved by WASPC and documented in Schedule B. 3.5 INVOICE AND PAYMENT 3.5.1 Contractor must submit accurate invoices to WASPC utilizing the online billing tool made available to contractor upon execution of their contract. Invoices are due monthly and should be submitted the 10th day of the month following the period for which services are billed. WASPC reserves the right to deny payment for invoices that are submitted forty-five (45) calendar days beyond the period for which services were provided. 3.5.2 Invoices must describe and document to WASPC’s satisfaction a description of the work performed, the progress of the project, fees, and a statement that includes the following language: “We certify pursuant to 2 CFR § 200.201(1)(iii)(3) that the activities described in this invoice and associated report(s) have been completed,”. If expenses are invoiced, invoices must provide a detailed breakdown of each type. July 5, 2022 J - 14 All invoices will be reviewed and must be approved by the Contract Manager or his/her designee prior to payment. 3.5.3 Contractor must submit properly itemized invoices to include the following information, as applicable: 3.5.3.1 WASPC Contract number MHFR-22-007; 3.5.3.2 Contractor name, address, phone number; 3.5.3.3 Description of Services; 3.5.3.4 Date(s) of delivery; 3.5.3.5 Net invoice price for each item; 3.5.3.6 Applicable taxes; 3.5.3.7 Total invoice price; and 3.5.4 WASPC will return incorrect or incomplete invoices to the Contractor for correction and reissue. The Contract Number must appear on all invoices, bills of lading, packages, and correspondence relating to this Contract. 3.5.5 Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that are incurred prior to the expiration date must be submitted by the Contractor to WASPC within fourteen (14) calendar days after the Contract expiration date. WASPC is under no obligation to pay any claims that are submitted fifteen (15) or more calendar days after the Contract expiration date (“Belated Claims”). WASPC will pay Belated Claims at its sole discretion, and any such potential payment is contingent upon the availability of funds. 3.6 CONTRACTOR AND WASPC CONTRACT MANAGERS 3.6.1 Contractor’s Contract Manager will have prime responsibility and final authority for the services provided under this Contract and be the principal point of contact for the WASPC Contract Manager for all business matters, performance matters, and administrative activities. 3.6.2 WASPC’s Contract Manager is responsible for monitoring the Contractor’s performance and will be the contact person for all communications regarding contract performance and deliverables. The WASPC Contract Manager has the authority to accept or reject the services provided and must approve Contractor’s invoices prior to payment. 3.6.3 The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. CONTRACTOR WASPC July 5, 2022 J - 15 Contract Manager Information Contract Manager Information Name: Deputy Chief - Jason Viada Name: Steven Briggs Address: 321 E 5th St Port Angeles, WA 98362 Address: 3060 Willamette Dr NE, STE 200 Lacey, WA 98516 Phone: (360) 912-0106 Phone: (360) 486-2389 Email: jviada@cityofpa.us Email: sbriggs@waspc.org 3.7 LEGAL NOTICES Any notice or demand or other communication required or permitted to be given under this Contract or applicable law is effective only if it is in writing and signed by the applicable party, properly addressed, and delivered in person, via email, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid certified mail, return receipt requested, to the parties at the addresses provided in this section. 3.7.1 In the case of notice to the Contractor: Deputy Chief - Jason Viada Port Angeles Police Department 321 E 5th St Port Angeles, WA 98362 3.7.2 In the case of notice to WASPC: Attention: Chief of Staff Washington Association of Sheriffs and Police Chiefs 3060 Willamette Drive NE, STE 200 Lacey, WA 98516 3.7.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever is earlier. 3.7.4 The notice address and information provided above may be changed by written notice of the change given as provided above. 3.8 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE Each of the documents listed below is by this reference incorporated into this Contract. In the event of an inconsistency, the inconsistency will be resolved in the following order of precedence: 3.8.1 Applicable Federal and State of Washington statutes and regulations; July 5, 2022 J - 16 3.8.2 Recitals 3.8.3 Special Terms and Conditions; 3.8.4 General Terms and Conditions; 3.8.5 Schedule A: Statement of Work; 3.8.6 Schedule B: Approved Budget 3.8.7 Exhibit A: Project Narrative and Timeline 3.8.8 Exhibit B: Project Budget 3.8.9 Any other provision, term or material incorporated herein by reference or otherwise incorporated. 3.9 INSURANCE Contractor must provide insurance coverage as set out in this section. The intent of the required insurance is to protect the WASPC should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. Contractor must provide insurance coverage that is maintained in full force and effect during the term of this Contract, as follows: 3.9.1 Commercial General Liability Insurance Policy - Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1 million per occurrence/$2 million general aggregate. Additionally, Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. 3.9.2 Business Automobile Liability. In the event that services delivered pursuant to this Contract involve the use of vehicles, either owned, hired, or non-owned by the Contractor, automobile liability insurance is required covering the risks of bodily injury (including death) and property damage, including coverage for contractual liability. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. 3.9.3 Professional Liability Errors and Omissions – Provide a policy with coverage of not less than $1 million per claim/$2 million general aggregate. 3.9.4 The insurance required must be issued by an insurance company/ies authorized to do business within the state of Washington, and must name WASPC, its agents and employees as additional insured’s under any Commercial General and/or Business Automobile Liability policy/ies. All policies must be primary to any other valid and July 5, 2022 J - 17 collectable insurance. In the event of cancellation, non-renewal, revocation or other termination of any insurance coverage required by this Contract, Contractor must provide written notice of such to WASPC within one (1) Business Day of Contractor’s receipt of such notice. Failure to buy and maintain the required insurance may, at WASPC’s sole option, result in this Contract’s termination. 3.9.5 Contractor shall submit to WASPC a certificate of insurance that outlines the coverage and limits defined in the Insurance section before any work is performed and will not receive any payment or reimbursement until such certificate of insurance is provided to WASPC. Contractor must submit renewal certificates as appropriate during the term of the contract. 3.9.6 The Receiving Party certifies that it is self-insured, is a member of a risk pool, or maintains the types and amounts of insurance identified above and will provide certificates of insurance to that effect to WASPC upon request. 4. GENERAL TERMS AND CONDITIONS 4.1 ACCESS TO DATA In compliance with RCW 39.26.180 (2), RCW 36.28A.450 and federal rules, the Contractor must provide access to any data generated under this Contract to WASPC, the Joint Legislative Audit and Review Committee, the State Auditor, and any other state or federal officials so authorized by law, rule, regulation, or agreement at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor’s reports, including computer models and methodology for those models. 4.2 ADVANCE PAYMENT PROHIBITED No advance payment will be made for services furnished by the Contractor pursuant to this Contract. 4.3 AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4.4 ASSIGNMENT 4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its rights hereunder, or delegate any of its duties hereunder, except delegations as set forth in Section 4.37, Subcontracting, without the prior written consent of WASPC, which may be withheld at WASPC’s sole discretion. Any permitted assignment will not operate to relieve Contractor of any of its duties and obligations hereunder, nor July 5, 2022 J - 18 will such assignment affect any remedies available to WASPC that may arise from any breach of the provisions of this Contract or warranties made herein, including but not limited to, rights of setoff. Any attempted assignment, transfer or delegation in contravention of this Subsection 4.4.1 of the Contract will be null and void. 4.4.2 WASPC may assign this Contract to any public agency, commission, board, or the like, within the political boundaries of the State of Washington, with written notice of thirty (30) calendar days to Contractor. 4.4.3 This Contract will inure to the benefit of and be binding on the parties hereto and their permitted successors and assigns. 4.5 ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the terms of this Contract, each party agrees to bear its own attorneys’ fees and costs. 4.6 AUDIT If Contractor is required by OMB Super Circular 2 CFR 200.501 and 45 CFR 75.501 to have an audit of their financial statements, the Contractor must submit the results of that audit to WASPC no later than 90 (ninety) calendar days after those results are delivered to the contractor by their auditor. 4.7 CHANGE IN STATUS In the event of any substantive change in its legal status, organizational structure, or fiscal reporting responsibility, Contractor will notify WASPC of the change. Contractor must provide notice as soon as practicable, but no later than thirty (30) calendar days after such a change takes effect. 4.8 CONFIDENTIAL INFORMATION PROTECTION 4.8.1 Contractor acknowledges that some of the material and information that may come into its possession or knowledge in connection with this Contract or its performance may consist of Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this Contract, to release it only to authorized employees or Subcontractors requiring such information for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make the information known to any other party without WASPC’s express written consent or as provided by law. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Confidential Information. July 5, 2022 J - 19 4.8.2 The CONTRACTOR agrees to comply with all confidentiality requirements of 42 U.S.C. section 37899 and 20 C.F.R. Part 22 that are applicable to collection, use and revelation of data or information. The CONTRACTOR further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with the requirements of 28 C.F.R. Part 22 and, in particular, section 2223. 4.8.3 WASPC reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by Contractor through this Contract. Violation of this section by Contractor or its Subcontractors may result in termination of this Contract and demand for return of all Confidential Information, monetary damages, or penalties. 4.8.4 The obligations set forth in this section will survive completion, cancellation, expiration, suspension, or termination of this Contract. 4.9 CONTRACTOR’S PROPRIETARY INFORMATION Contractor acknowledges that WASPC complies with chapter 42.56 RCW, the Public Records Act relating to public projects, and that this Contract may be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by Contractor to be Proprietary Information must be clearly identified as such by Contractor. To the extent consistent with chapter 42.56 RCW, WASPC will maintain the confidentiality of Contractor’s information in its possession that is marked Proprietary. If a public disclosure request is made to view Contractor’s Proprietary Information, WASPC will notify Contractor of the request and of the date that such records will be released to the requester unless Contractor obtains a court order from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order enjoining disclosure, WASPC will release the requested information on the date specified. 4.10 CONFORMANCE WITH 2 CFR 200 AND RELEVANT STATE AND LOCAL LAWS All procurement (contract) transactions under this award must be conducted in a manner that is consistent with 2 C.F.R Part 200 and state and local law. 4.11 COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. WASPC will have the right, in the event of breach of this clause by the Contractor, to annul this Contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. July 5, 2022 J - 20 4.12 DEBARMENT By signing this Contract, Contractor certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Washington State or Federal department or agency from participating in transactions (debarred). Contractor agrees to include the above requirement in any and all subcontracts into which it enters, and also agrees that it will not employ debarred individuals. Contractor must immediately notify WASPC if, during the term of this Contract, Contractor becomes debarred. WASPC may immediately terminate this Contract by providing Contractor written notice, if Contractor becomes debarred during the term hereof. 4.13 DISPUTES The parties will use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve any dispute. When a genuine dispute arises between WASPC and the Contractor regarding the terms of this Contract or the responsibilities imposed herein and it cannot be resolved between the parties’ Contract Managers, either party may initiate the following dispute resolution process. 4.13.1 The initiating party will reduce its description of the dispute to writing and deliver it to the responding party (email acceptable). The responding party will respond in writing within five (5) Business Days (email acceptable). If the initiating party is not satisfied with the response of the responding party, then the initiating party may request that the WASPC Director review the dispute. Any such request from the initiating party must be submitted in writing to the WASPC Director within five (5) Business Days after receiving the response of the responding party. The WASPC Director will have sole discretion in determining the procedural manner in which he or she will review the dispute. The WASPC Director will inform the parties in writing within five (5) Business Days of the procedural manner in which he or she will review the dispute, including a timeframe in which he or she will issue a written decision. 4.13.2 A party's request for a dispute resolution must: 4.13.2.1 Be in writing; 4.13.2.2 Include a written description of the dispute; 4.13.2.3 State the relative positions of the parties and the remedy sought; and 4.13.2.4 State the Contract Number and the names and contact information for the parties. 4.13.3 This dispute resolution process constitutes the sole administrative remedy available under this Contract. The parties agree that this resolution process will precede any action in a judicial or quasi-judicial tribunal. July 5, 2022 J - 21 4.14 ENTIRE AGREEMENT WASPC and Contractor agree that the Contract is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Contract and supersedes all letters of intent or prior contracts, oral or written, between the parties relating to the subject matter of the Contract, except as provided in Section 4.45 Warranties. 4.15 FORCE MAJEURE A party will not be liable for any failure of or delay in the performance of this Contract for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. 4.16 FUNDING WITHDRAWN, REDUCED OR LIMITED If WASPC determines in its sole discretion that the funds it relied upon to establish this Contract have been withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding after the effective date of this contract but prior to the normal completion of this Contract, then WASPC, at its sole discretion, may: 4.16.1 Terminate this Contract pursuant to the section titled: Termination for Non- Allocation of Funds; 4.16.2 Renegotiate the Contract under the revised funding conditions; or 4.16.3 Suspend Contractor’s performance under the Contract upon five (5) Business Days’ advance written notice to Contractor. WASPC will use this option only when WASPC determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor’s performance to be resumed prior to the normal completion date of this Contract. 4.16.3.1 During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. 4.16.3.2 When WASPC determines in its sole discretion that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to WASPC informing WASPC whether it can resume performance and, if so, the date of resumption. For purposes of this subsection, “written notice” may include email. 4.16.3.3 If the Contractor’s proposed resumption date is not acceptable to WASPC and an acceptable date cannot be negotiated, WASPC may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. WASPC will be July 5, 2022 J - 22 liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. 4.17 GOVERNING LAW This Contract is governed in all respects by the laws of the state of Washington, without reference to conflict of law principles. The jurisdiction for any action hereunder is exclusively in the Superior Court for the state of Washington, and the venue of any action hereunder is in the Superior Court for Thurston County, Washington. 4.18 HUMAN SUBJECTS PROTECTION The CONTRACTOR agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, and subject informed consent. 4.19 WASPC NETWORK SECURITY Contractor agrees not to attach any Contractor-supplied computers, peripherals or software to the WASPC Network without prior written authorization from WASPC’s Chief Information Officer. Unauthorized access to WASPC networks and systems is a violation of WASPC Policy and constitutes computer trespass in the first degree pursuant to RCW 9A.52.110. Violation of any of these laws or policies could result in termination of the contract and other penalties. Contractor will have access to the WASPC visitor Wi-Fi Internet connection while on site. 4.20 INDEMNIFICATION Contractor shall defend, indemnify, and save WASPC harmless from and against all claims, including reasonable attorneys’ fees resulting from such claims arising from intentional or negligent acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. This indemnification shall include, but not be limited to, any or all injuries to persons or damage to property, or Breach of confidentiality and notification obligations under Section 4.7 Confidential Information Protection and Section 4.8 Confidentiality Breach-Required Notification. WASPC shall defend, indemnify, and save Contractor harmless from and against all claims, including reasonable attorneys' fees resulting from such claims, for any or all injuries to persons or damage to property, or Breach of any confidentiality and notification obligations as provided in Section 4.7 of this Contract, arising from intentional or negligent acts or omissions of WASPC, its officers, employees, or agents, or Subcontractors, their officers, employees, or agents, in the performance of this Contract. July 5, 2022 J - 23 For purposes of the indemnification provisions above, and limited to this section only, the parties waive their protections under RCW Title 51 for employee claims. This limited waiver was specifically negotiated and bargained for. 4.21 INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. Contractor and its employees or agents performing under this Contract are not employees or agents of WASPC. Contractor will not hold itself out as or claim to be an officer or employee of WASPC by reason hereof, nor will Contractor make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of the work will be solely with Contractor. 4.22 INDUSTRIAL INSURANCE COVERAGE Prior to performing work under this Contract, Contractor must provide or purchase industrial insurance coverage for the Contractor’s employees, as may be required of an “employer” as defined in Title 51 RCW, and must maintain full compliance with Title 51 RCW during the course of this Contract. 4.23 LEGAL AND REGULATORY COMPLIANCE 4.23.1 During the term of this Contract, Contractor must comply with all local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Contract and all other applicable federal, state and local laws, rules, and regulations. 4.23.2 While on WASPC’s premises, Contractor must comply with WASPC operations and process standards and policies (e.g., ethics, Internet / email usage, data, network and building security, harassment, as applicable). 4.23.3 Failure to comply with any provisions of this section may result in Contract termination. 4.24 LIMITATION OF AUTHORITY Only the WASPC Authorized Representative has the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Contract is not effective or binding unless made in writing and signed by the WASPC Authorized Representative. 4.25 NO THIRD-PARTY BENEFICIARIES WASPC and Contractor are the only parties to this contract. Nothing in this Contract gives or is intended to give any benefit of this Contract to any third parties. July 5, 2022 J - 24 4.26 NONDISCRIMINATION During the performance of this Contract, the Contractor must comply with all federal and state nondiscrimination laws, regulations and policies, including but not limited to: Title VII of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW, Washington Law Against Discrimination. In the event of Contractor’s noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled, or terminated in whole or in part under the Termination for Default sections, and Contractor may be declared ineligible for further contracts with WASPC. 4.27 NON-SUPPLANTING CERTIFICATION No Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. Violation of the non-supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 4.28 OVERPAYMENTS TO CONTRACTOR In the event that Overpayments or erroneous payments have been made to the Contractor under this Contract, WASPC will provide written notice to Contractor and Contractor will refund the full amount to WASPC within thirty (30) calendar days of the notice. If Contractor fails to make timely refund, WASPC may charge Contractor one percent (1%) per month on the amount due, until paid in full. If the Contractor disagrees with WASPC’s actions under this section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes. 4.29 PAY EQUITY 4.29.1 Contractor represents and warrants that, as required by Washington state law (Engrossed House Bill 1109, Sec. 211), during the term of this Contract, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if (i) the individuals work for Contractor, (ii) the performance of the job requires comparable skill, effort, and responsibility, and (iii) the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. 4.29.2 Contractor may allow differentials in compensation for its workers based in good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; (iv) bona fide job- related factor(s); or (v) a bona fide regional difference in compensation levels. 4.29.3 Bona fide job-related factor(s)” may include, but not be limited to, education, training, or experience, that is: (i) consistent with business necessity; (ii) not based July 5, 2022 J - 25 on or derived from a gender-based differential; and (iii) accounts for the entire differential. 4.29.4 A “bona fide regional difference in compensation level” must be (i) consistent with business necessity; (ii) not based on or derived from a gender-based differential; and (iii) account for the entire differential. 4.29.5 Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance within thirty (30) Days of WASPC’s request for such evidence, WASPC may suspend or terminate this Contract. 4.30 PUBLICITY 4.30.1 The award of this Contract to Contractor is not in any way an endorsement of Contractor or Contractor’s Services by WASPC and must not be so construed by Contractor in any advertising or other publicity materials. 4.30.2 Contractor agrees to submit to WASPC, all advertising, sales promotion, and other publicity materials relating to this Contract or any Service furnished by Contractor in which WASPC’s name is mentioned, language is used, or Internet links are provided from which the connection of WASPC’s name with Contractor’s Services may, in WASPC’s judgment, be inferred or implied. Contractor further agrees not to publish or use such advertising, marketing, sales promotion materials, publicity or the like through print, voice, the Web, and other communication media in existence or hereinafter developed without the express written consent of WASPC prior to such use. 4.31 RECORDS AND DOCUMENTS REVIEW 4.31.1 The Contractor must maintain books, records, documents, magnetic media, receipts, invoices or other evidence relating to this Contract and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. At no additional cost, these records, including materials generated under this Contract, are subject at all reasonable times to inspection, review, or audit by WASPC, the Office of the State Auditor, and state and federal officials so authorized by law, rule, regulation, or agreement [See 42 USC 1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, Subpart Q; and 42 CFR 447.202]. 4.31.2 The Contractor must retain such records for a period of six (6) years after the date of final payment under this Contract. July 5, 2022 J - 26 4.31.3 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved. 4.32 REMEDIES NON-EXCLUSIVE The remedies provided in this Contract are not exclusive, but are in addition to all other remedies available under law. 4.33 RIGHT OF INSPECTION The Contractor must provide right of access to its facilities to WASPC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. 4.34 RIGHTS IN DATA/OWNERSHIP 4.34.1 WASPC and Contractor agree that all data and work products (collectively “Work Product”) produced pursuant to this Contract and received by WASPC will be considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by WASPC. Contractor is hereby commissioned to create the Work Product. Work Product includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law. Ownership includes the right to copyright, patent, register and the ability to transfer these rights and all information used to formulate such W ork Product. 4.34.2 If for any reason the Work Product would not be considered a work for hire under applicable law, Contractor assigns and transfers to WASPC, the entire right, title and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 4.34.3 Contractor will execute all documents and perform such other proper acts as WASPC may deem necessary to secure for WASPC the rights pursuant to this section. 4.34.4 Contractor will not use or in any manner disseminate any Work Product to any third party, or represent in any way Contractor ownership of any Work Product, without the prior written permission of WASPC. Contractor will take all reasonable steps necessary to ensure that its agents, employees, or Subcontractors will not copy or disclose, transmit or perform any Work Product or any portion thereof, in any form, to any third party. July 5, 2022 J - 27 4.34.5 Material that is delivered under this Contract, but that does not originate therefrom (“Preexisting Material”), must be transferred to WASPC with a nonexclusive, royalty- free, irrevocable license to publish, translate, reproduce, deliver, perform, display, and dispose of such Preexisting Material, and to authorize others to do so. Contractor agrees to obtain, at its own expense, express written consent of the copyright holder for the inclusion of Preexisting Material. WASPC will have the right to modify or remove any restrictive markings placed upon the Preexisting Material by Contractor. 4.34.6 Contractor must identify all Preexisting Material when it is delivered under this Contract and must advise WASPC of any and all known or potential infringements of publicity, privacy or of intellectual property affecting any Preexisting Material at the time of delivery of such Preexisting Material. Contractor must provide WASPC with prompt written notice of each notice or claim of copyright infringement or infringement of other intellectual property right worldwide received by Contractor with respect to any Preexisting Material delivered under this Contract. 4.35 RIGHTS OF STATE AND FEDERAL GOVERNMENTS In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but not limited to the Centers for Medicare and Medicaid Services (CMS), will have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use for Federal Government purposes: (i) software, modifications, and documentation designed, developed or installed with Federal Financial Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software and modifications of the Custom Software, and associated Documentation designed, developed, or installed with FFP under this Contract; (iii) the copyright in any work developed under this Contract; and (iv) any rights of copyright to which Contractor purchases ownership under this Contract. 4.36 SERVICES TO PERSONS WITH LIMITED ENGLISH PROFICIENCY 4.36.1 The CONTRACTOR must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI of the Safe Streets Act, the CONTRACTOR is required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The US Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be access on the internet at www.lep.gov. July 5, 2022 J - 28 4.37 SEVERABILITY If any provision of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity will not affect the other provisions or applications of this Contract that can be given effect without the invalid provision, and to this end the provisions or application of this Contract are declared severable. 4.38 SITE SECURITY While on WASPC premises, Contractor, its agents, employees, or Subcontractors must conform in all respects with physical, fire or other security policies or regulations. Failure to comply with these regulations may be grounds for revoking or suspending security access to these facilities. WASPC reserves the right and authority to immediately revoke security access to Contractor staff for any real or threatened breach of this provision. Upon reassignment or termination of any Contractor staff, Contractor agrees to promptly notify WASPC. 4.39 SUBCONTRACTING 4.39.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of the work contemplated under this Contract without prior written approval of WASPC. WASPC has sole discretion to determine whether or not to approve any such subcontract. In no event will the existence of the subcontract operate to release or reduce the liability of Contractor to WASPC for any breach in the performance of Contractor’s duties. 4.39.2 Contractor agrees that any proposed subcontracts must be provided to WASPC for review no later than 10 (ten) business days before such a subcontract’s effective date. 4.39.3 Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are included in any subcontracts. 4.39.4 If at any time during the progress of the work WASPC determines in its sole judgment that any Subcontractor is incompetent or undesirable, WASPC will notify Contractor, and Contractor must take immediate steps to terminate the Subcontractor's involvement in the work. 4.39.5 The rejection or approval by WASPC of any Subcontractor or the termination of a Subcontractor will not relieve Contractor of any of its responsibilities under the Contract, nor be the basis for additional charges to WASPC. 4.39.6 WASPC has no contractual obligations to any Subcontractor or vendor under contract to the Contractor. Contractor is fully responsible for all contractual obligations, financial or otherwise, to its Subcontractors. July 5, 2022 J - 29 4.40 SURVIVAL The terms and conditions contained in this Contract that, by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the Contract will survive. The right of WASPC to recover any Overpayments will also survive the termination of this Contract. 4.42 CORRECTIVE ACTION PLAN/SUSPENSION/TERMINATION 4.42.1 CORRECTIVE ACTION PLAN In the event that WASPC determines that the Contractor has failed or is reasonably likely to fail to comply with any term(s) or condition(s) of this Contract (to include any and all attachments, references, appendices, or other documents included or referenced herein), then WASPC will immediately take steps to mitigate any harmful effects of such failure(s), and promptly prepare a Corrective Action Plan (CAP) with respect to such failure(s) and outline the steps WASPC believes to be necessary to remedy such failure(s). In the event that the contractor is unable to complete the CAP, WASPC reserves it’s right to proceed with Termination or Suspension as outlined in Section 4.40 of the General Terms of this Contract. 4.42.2 SUSPENSION If WASPC reasonably determines that the Contractor has failed or is reasonably likely to fail to comply with any term(s) or condition(s) of this Contract (to include any and all attachments, references, appendices, or other documents included or referenced herein), WASPC reserves the right to issue a Notice of Suspension to the Contractor. A Notice of Suspension acts to suspend this contract in its entirety, including suspending payment for future services provided by Contractor. In the event a notice of suspension is issued, WAPSC agrees to pay Contractor for all services provided under this Contract prior to the issuance of the Notice of Suspension. WASPC reserves the right to reinstate a contract at its discretion by issuing a Notice of Reinstatement, or to move forward with Termination as outlined in Section 4.40 of the General Terms of this agreement. 4.42.3 TERMINATION FOR DEFAULT In the event WASPC determines that Contractor has failed to comply with the terms and conditions of a corrective action plan or the terms of this Contract, WASPC has the right to suspend or terminate this Contract. WASPC will notify Contractor in writing of the need to take corrective action. If corrective action is not taken within five (5) Business Days, or other time period agreed to in writing by both parties, the Contract may be terminated. WASPC reserves the right to July 5, 2022 J - 30 suspend all or part of the Contract, withhold further payments, or prohibit Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by Contractor or a decision by WASPC to terminate the Contract. In the event of termination for default, Contractor will be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time. If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform was outside of its control, fault or negligence, the termination will be deemed a “Termination for Convenience.” 4.42.4 TERMINATION FOR CONVENIENCE When, at the reasonable discretion of either WASPC or Contractor, it is in either party's best interest, both WASPC and Contractor may terminate this Contract in whole or in part by providing ten (10) calendar days' written notice to the other party. If this Contract is so terminated, each party will be liable only for payment in accordance with the terms of this Contract for service rendered prior to the effective date of termination. No penalty shall accrue to either WASPC or Contractor in the event the termination option in this section is exercised. 4.42.5 TERMINATION FOR NONALLOCATION OF FUNDS If funds are not allocated to continue this Contract in any future period, WASPC may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. WASPC will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. WASPC agrees to notify Contractor of such nonallocation at the earliest possible time. No penalty will accrue to WASPC in the event the termination option in this section is exercised. 4.42.6 TERMINATION FOR WITHDRAWAL OF AUTHORITY In the event that the authority of WASPC to perform any of its duties is withdrawn, reduced, or limited in any way after the commencement of this Contract and prior to normal completion, WASPC may immediately terminate this Contract by providing written notice to the Contractor. The termination will be effective on the date specified in the termination notice. WASPC will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. WASPC agrees to notify Contractor of such July 5, 2022 J - 31 withdrawal of authority at the earliest possible time. No penalty will accrue to WASPC in the event the termination option in this section is exercised. 4.42.7 TERMINATION FOR CONFLICT OF INTEREST Both WASPC and Contractor may terminate this Contract by written notice to the other party if either WASPC or Contractor determines, after due notice and examination, that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in public acquisitions and procurement and performance of contracts, or Contractor's internal policy. In the event this Contract is so terminated, WASPC will be entitled to pursue the same remedies against the Contractor as it could pursue in the event Contractor breaches the contract. 4.43 TERMINATION PROCEDURES 4.43.1 Upon termination of this Contract, WASPC, in addition to any other rights provided in this Contract, may require Contractor to deliver to WASPC any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. 4.43.2 WASPC will pay Contractor the agreed-upon price, if separately stated, for completed work and services accepted by WASPC and the amount agreed upon by the Contractor and WASPC for (i) completed work and services for which no separate price is stated; (ii) partially completed work and services; (iii) other property or services that are accepted by WASPC; and (iv) the protection and preservation of property, unless the termination is for default, in which case WASPC will determine the extent of the liability. Failure to agree with such determination will be a dispute within the meaning of Section 4.13 Disputes. WASPC may withhold from any amounts due the Contractor such sum as WASPC determines to be necessary to protect WASPC against potential loss or liability. 4.43.3 After receipt of notice of termination, and except as otherwise directed by WASPC, Contractor must: 4.43.3.1 Stop work under the Contract on the date of, and to the extent specified in, the notice; 4.43.3.2 Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; 4.43.3.3 Assign to WASPC, in the manner, at the times, and to the extent directed by WASPC, all the rights, title, and interest of the Contractor under the orders and subcontracts so terminated; in which case WASPC has the July 5, 2022 J - 32 right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4.43.3.4 Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of WASPC to the extent WASPC may require, which approval or ratification will be final for all the purposes of this clause; 4.43.3.5 Transfer title to and deliver as directed by WASPC any property required to be furnished to WASPC; 4.43.3.6 Complete performance of any part of the work that was not terminated by WASPC; and 4.43.3.7 Take such action as may be necessary, or as WASPC may direct, for the protection and preservation of the records related to this Contract that are in the possession of the Contractor and in which WASPC has or may acquire an interest. 4.44 WAIVER Waiver of any breach of any term or condition of this Contract will not be deemed a waiver of any prior or subsequent breach or default. No term or condition of this Contract will be held to be waived, modified, or deleted except by a written instrument signed by the parties. Only the WASPC Authorized Representative has the authority to waive any term or condition of this Contract on behalf of WASPC. 4.45 WARRANTIES 4.45.1 Contractor represents and warrants that it will perform all services pursuant to this Contract in a professional manner and with high quality and will immediately re- perform any services that are not in compliance with this representation and warranty at no cost to WASPC. 4.45.2 Contractor represents and warrants that it will comply with all applicable local, State, and federal licensing, accreditation and registration requirements and standards necessary in the performance of the Services. 4.45.3 Any written commitment by Contractor within the scope of this Contract will be binding upon Contractor. Failure of Contractor to fulfill such a commitment may constitute breach and will render Contractor liable for damages under the terms of this Contract. For purposes of this section, a commitment by Contractor includes: (i) Prices, discounts, and options committed to remain in force over a specified period of time; and (ii) any warranty or representation made by Contractor to WASPC or contained in any Contractor publications, or descriptions of services in written or other communication medium, used to influence WASPC to enter into this Contract. July 5, 2022 J - 33 SCHEDULE A Statement of Work PURPOSE House Bill 2982, Chapter 142, Laws of 2018, went into effect on June 7, 2018. The purpose of the grant program is to assist local law enforcement agencies to establish and expand mental health field response capabilities, utilizing mental health professionals to professionally, humanely, and safely respond to crises involving persons with behavioral health issues with treatment, diversion, and reduced incarceration time as primary goals. CONTRACTOR RESPONSIBILITIES Port Angeles Police Department is required to implement the Mental Health Field Response Program as described in their Project Narrative and Project Timeline (as attached in “Exhibit A)”, with no unapproved substantive derivations. Requests for changes to this scope of work, or services laid out in the applicant’s Project Narrative and Project Timeline can be made to Steven Briggs, Program Coordinator at sbriggs@waspc.org. WASPC is under no obligation to grant such a request. This program shall include the following elements as central features of their program: • Contractor must include at least one mental health professional, as defined in RCW 71.05.020(39), who will perform field response professional services under the plan. A mental health professional may assist patrolling law enforcement officers either in the field or in an on-call capacity. • The mental health professional may also provide preventive, follow-up, training on mental health field response best practices, or other services at the direction of the local law enforcement agency. Nothing limits the mental health professional's participation to field patrol. WASPC will be utilizing a third-party data collection and case management system described elseware in the Contract. All sites are expected to implement this data collection system and enter information in an accurate and timely manner. In the event that there is a change in the contract or program management staff paid for by this grant, it is expected that Contractor will notify WASPC of the change to include the name and contact information for the new staff member. Contractor is required to develop and submit to WASPC a “Sustainability Plan” by January 31, 2023. This plan shall consist of the following elements: • Description of and dollar amounts of current funding for the Field Response program, to include WASPC funds and funds from other sources that support the same program, • Description and dollar amounts of current local matching funds, July 5, 2022 J - 34 • A narrative that describes any efforts made to secure additional funding for the program from sources other than WASPC, • A narrative that describes the impact a potential loss of WASPC funds in the following State Fiscal Year (beginning July 1, 2023) • A narrative that describes what steps will be taken to secure additional funding, other than WASPC funding, to support the Field Response program. To allow agencies to provide the best and most comprehensive services possible, WASPC is allowing funding to be utilized for staffing of programs by properly credentialed and trained staff, at the following levels, under the stated conditions: 1. Mental Health Professional (MHP) as defined by RCW 71.05.020(39): o Programs must have a minimum of 0.51FTE of MHP time dedicated to the program, o Only MHPs are allowed to respond to clients in acute crisis or those experiencing a level of heightened agitation, o MHPs are required to develop “Care Plans” for every client that they anticipate having regular, ongoing contact with, or that they anticipate a non- MHP from their program will provide follow-up services to. 2. Non-MHPs o Individuals not meeting the definition of MHP as defined by RCW 71.05.020(39) may provide services to clients that are not in acute crisis at the time of their interaction under the following circumstances: 1. Unless licensed to do so, the non-MHP does not provide client support that would require a license or certification of any kind from the Washington State Department of Health, the Washington State Healthcare Authority, or any other governing body with regulatory authority in Washington State. 2. New client contacts are limited to individuals that are not in a state of actuate crisis or agitation. The non-MHP must immediately disengage if it appears that the individual they are interacting with may be escalating to a state of acute crisis or agitation. 3. The non-MHP has documentation indicating that they have reviewed a client’s “Care Plan” (as defined in the “Definitions” section of this contract) prior to any interaction with an established client, 4. The non-MHP must receive regular supervision by a licensed MHP, 5. The non-MHP must immediately disengage with a client that appears to be escalating to a state of acute crisis or agitation and follow the additional steps outlined in that client’s Care Plan. July 5, 2022 J - 35 6. Prior to providing services and no less than yearly, the non-MHP must participate in training relevant to all of the following topics: • Interacting with and providing social services to individuals with mental health conditions, to include Substance Use Disorder, • How to read and interpret Care Plans developed by program MHPs for use with clients of the program, • Program policies and standard operating procedures, • Necessary and practical physical safety precautions that must be taken when interacting with their clients, • Necessary and practical techniques to avoid work related vicarious trauma and burn-out, • Please note that the training listed above is meant to represent a bare minimum standard to which all non-MHPs paid for using WASPC funds must adhere. WASPC expects that agencies will ensure that all of these requirements are met. 3. Law Enforcement o WASPC places no conditions or limitations on the program’s use of sworn law enforcement staff that are listed in “Schedule B - Approved Budget” If Contractor fails to perform to the standards set forth above, WASPC remains able to remedy noncompliance as outlined elseware in this Contract including but not limited to provisions for corrective action, suspension, termination and/or recapture of funds already paid to the contractor. 3. WASPC RESPONSIBILITIES Provide a Contract Manager to monitor all progress and activities under the program, Provide timely responses to all inquiries from the Contractor, Pay for use and access to the “Data Collection Tool” as described in Section 3.3.1 by the Contractor. July 5, 2022 J - 36 SCHEDULE B Approved Budget Budget Category Amount Awarded A. Personnel $ 0.00 B. Fringe Benefits $ 0.00 C. Travel $ 0.00 D. Equipment $ 0.00 E. Supplies $ 0.00 F. Consultants/Contracts $259,020.00 G. Other $ 0.00 TOTAL PROJECT AWARD $259,020.00 Please note that the “SCHEDULE B Approved Budget” is the final approved budget for your program. Funds awarded under this contract must be expended as outlined in “EXHIBIT B Budget (As Attached)” unless otherwise noted on this page. APPROVED BUDGET NARRATIVE (if any): July 5, 2022 J - 37 EXHIBIT A Project Narrative and Project Timeline (As Attached) July 5, 2022 J - 38 EXHIBIT B Project Budget (As Attached) July 5, 2022 J - 39 WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS MENTAL HEALTH FIELD RESPONSE TEAMS PROGRAM Project Narrative Summary/Project Need Port Angeles houses most of the service agencies on the Olympic Peninsula. This includes major providers such as Olympic Medical Center (OMC), North Olympic Healthcare Network (NOHN) and Peninsula Behavioral Health (PBH) and a number of specialty providers and service organizations. Serenity House of Clallam County operates the Housing Resource Center and coordinates a program to house the chronically homeless. The Clallam County Jail and two large medical providers provide medically assisted treatment (MAT) for opioid drug use disorders. We also have a host of local counseling services and at least one in-patient drug treatment center. Clallam County has over 73,000 residents and Port Angeles has over 19,500 residents. The Police Department averages a call for service every 15 minutes and over 22,000 calls per year. Many of those calls for service represent use disorders. Theft, trespassing, disorderly conduct and other similar events occur frequently throughout the workday. Officers and deputies have limited discretionary time and are often unable to spend the time needed to get persons into services. PAPD has worked successfully with Serenity House getting some persons into services prevents their behavior from escalating into that which leads to crime that then leads to an arrest and incarceration. Law enforcement encounters persons needing service multiple time a day in Port Angeles and often their needs include short- and long-term mental health services. Absent embedded social workers, MHPs and peers, we often lose track of the person or lose the opportunity to get them into services. The partnership between PAPD and Olympic Peninsula Community Clinic (OPCC) is designed around a coordinated response between multiple organizations as persons are encountered and brought into services at the appropriate time and level. The REdisCOVERY program and the PAPD/OPCC partnership already exists and is described in the following narrative. It is currently funded by state and local grants, including WASPC Field Response and WASPC Arrest and Jail Alternatives (AJA). This grant request includes funding for the 2 FTE currently funded in the 2021-22 WASPC Mental Health Field Response program, along with one new FTE that will allow for expanded coverage with Sequim Police Department and Clallam County health med management ARNP. Goals The overarching goal of this program is to identify people who need CD/MH services but are not yet matched with a provider. An ongoing sub-goal is to recruit outreach partners who meet potential participants and recruit service providers to accept new participant referrals from the program. July 5, 2022 J - 40 Project Design Based on the priorities set out in the 2017 Clallam County Community Health Assessment, the ongoing Olympic Peninsula Community Clinic (OPCC) project focuses on identifying community members in need of mental health (CD/MH) services or treatment, linking them to services and helping them navigate the health/behavioral health care system to access those services. In certain cases, OPCC may provide bridge coverage to help stabilize those in immediate need of services. PAPD and OPCC, through the REdisCOVERY program, have created a formal partnership between the two organizations. In addition to OPCC, partner agencies refer participants into the system and/or deliver services to participants who have been identified. Some participants may receive services from multiple partners and, in rare cases, may be referred in by multiple partners. The WASPC Mental Health Field Response grant objective is to add resources to this program in the form of one additional trained staff that will coordinate outreach efforts between OPCC and the Port Angeles Police Department (PAPD), the Clallam County Sheriff's Office and the Sequim Police Department. Funding is also requested for up to 0.2 FTE for a behavioral health med management ARNP. Sequim PD Deputy Chief Mike Hill describes the use of the Mental Health Field Response team in Sequim: The Sequim Police Department endorses and utilizes the benefits of the Mental Health Field Response Team Program. We regularly work with Navigators through OPCC to connect people in need with social services that are outside of the scope of police functions. Navigators frequently work from our police department, alongside police officers. Navigators also ride in patrol cars with officers so we can jointly respond to calls for service in order to better provide resources and meet the needs of people we come in contact with. Mental Health Field Response Teams also provide critical and continued follow-up to citizens of Sequim who have difficulty obtaining resources for themselves. Because of having Mental Health Field Response in the form of Navigators, The Sequim Police Department and the City of Sequim can better serve our community. Field Response team by CCSO: CCSO frequently partners with REdisCOVERY social workers on a regular basis to bring services to homeless individuals, and those in behavioral health crisis, in the Port Angeles, Joyce and Sequim areas of unincorporated Clallam County. The CCSO has a designated REdisCOVERY Liaison, Sergeant Amy Bundy, who coordinates ride-alongs with Deputies and accompanies agents of rediscovery to known locations throughout Clallam County where services are needed. During their tours of duty, CCSO Deputies identify individuals and locations where the services of REdisCOVERY are needed. Those needs are communicated through Sergeant Bundy to the REdisCOVERY social workers for planned visits. CCSO Deputies regularly disseminate REdisCOVERY information brochures to individuals they identify in need of service. CCSO partners with REdisCOVERY during planning of enforcement actions when unlawful congregations of homeless individuals are identified on public and private properties. Prior to enforcement actions being taken, CCSO Deputies and REdisCOVERY social workers visit these locations in an effort to link July 5, 2022 J - 41 individuals to services such as mental health, substance abuse, medical services, housing and shelter, food banks, crisis services, and other necessities identified by the team as needed. CCSO partners with REdisCOVERY social workers prior to the execution of court ordered evictions by visiting pending evictees in the weeks and days prior to eviction to link them to housing and shelter services. Compliance with HB 2892.SL This program is consistent with the Mental Health Field Response Program as described in HB 2892.SL as it (when successful) diverts persons into services before their behavior leads to a crime that requires Incarceration. The PAPD/OPCC REdisCOVERY program was first inspired by the existing program at the Arlington, MA Police Department. The managing officer from Arlington traveled to Port Angeles to collaborate with and train Port Angeles officers according to the methods used in the reference program. In subsequent years, PAPD and OPCC staff have attended conferences and participated in state- and nationwide meetings at which best practices in mental health field response, successful diversion, and service linkage are discussed. Services The program is divided into four functional service areas: Identification, Linkage, Navigation and Access. Identification The primary goal of the identification phase is to locate community members who would benefit from CD/MH services and refer them to program navigators. Port Angeles Police Department (PAPD) is the primary identification agency. OPCC/REdisCOVERY has an existing navigation program with each of the defined project agencies that has been brought into the identification phase. OPCC staff ride and respond regularly with PAPD, one day per week with Sequim PD, and occasionally on- Office under the existing WASPC Mental Health Field Response grant. The WASPC grant will provide the capacity to expand coverage with PAPD and provide consistent, extended service with Clallam County S Office and Sequim PD. Linkage Once participants have been identified and referred into the system, OPCC navigators will contact the participant to confirm the need for services and begin matching participants with services. If the participant meets the criteria for the WASPC Arrest and Jail Alternatives (AJA) program, they are referred directly into that program for intensive case management (the Mental Health Field Response team is currently the largest referrer into the Port Angeles AJA program). If the participant does not meet AJA criteria, the navigator will contact partnering CD/MH service providers to determine which provider can deliver the timeliest services that best meet the needs of the participant. When a service provider has been located and confirmed, the navigator will contact the participant to provide a referral to service. Bridge Care Once a person has been identified and referred into the system by REdisCOVERY outreach or community partners, REdisCOVERY staff will contact the individual to confirm the need for services and begin searching for available services. REdisCOVERY will work closely with the person to understand their needs, concerns and potential barriers to accessing services, then contact partnering service needs. During this time, the Bridge Care team will provide necessary medical, behavioral, and case July 5, 2022 J - 42 management services to assist in moving toward establishment with a traditional, office-based provider. The bridge care team meets people where they are both physically and metaphorically. Care is delivered in the field as necessary, with flexible office care available for those who are able to travel to OPCC. The focus of bridge care is to stabilize behavior and, where necessary, medication, while awaiting intake at a traditional, office- Navigation After a service provider has been identified and the participant has been notified of a referral to service, the navigator will work with the participant to overcome objections, resolve concerns and remove barriers to treatment. Navigators may answer general questions about treatment, help to resolve transportation concerns, develop strategies for preparing to enter treatment, link participants to other community service that will facilitate treatment or provide other services that will increase the likelihood of the participant successfully entering and completing a prescribed course of treatment. In some cases, navigators may refer a participant to a case manager to follow the participant into and through treatment to improve and ensure compliance. Access When participants have been referred to service, the service provider sets an initial appointment with the participant, at which time the participant and provider will discuss a continuing course of action. Service providers will report back to the navigator to confirm a entry into treatment. All treatment within this program will conform to known best or promising practices. For those participants who require behavioral health treatment and are referred for treatment in OPCC's Behavioral Health Clinic, their first appointment is a two-hour assessment to determine whether the participant requires counseling alone, counseling with medication management, or just med management. Participants are tracked using project spreadsheets and chart notes. OPCC provides counseling services throughout the week with three counselors. Counseling appointments are one hour each, delivered at the OPCC Clinic or, when necessary, via telephone. OPCC is in the process of building an Annex that will house an expanded Behavioral Health Clinic and administrative staff. The new Annex will allow for more group sessions, a much needed component of both counseling and med management program. Med management is provided by Medical Director, an MD with board certifications in Internal Medicine and Nephrology, as well as a behavioral health med management ARNP with forty years of experience working with marginalized community members. OPCC behavioral health providers and support staff meet weekly to discuss cases, and have additional support through the University of Washington's tele-psychiatry ECHO (Extension for Community Healthcare Outcomes) program every Thursday. This program allows OPCC to present patient cases to a panel of experts to get treatment and medication recommendations. Participants referred to other service providers will receive services based on similar standards of care. Activities Program activities fall into five categories: Recruitment OPCC will use the Port Angeles Police Dept., the Clallam County Sheriff's Office and the July 5, 2022 J - 43 Sequim Police Dept., social service agencies, nonprofits and CD/MH service providers to participate in the program, creating a robust team of referrers and agencies willing to accept referrals. Recruitment will be ongoing, as need and availability changes. Recruitment activities and number of recruited participants will be tracked. Training All partners who refer participants or accept participant referrals will need to receive program training. A core group of partners which have already agreed to participate in the program and will help to design the tools and communication methods that will be used within the program. OPCC will provide training for all program participants prior to their official entry into the program. Number of trained participants will be tracked. Identification Outreach partners will contact community members either deliberately or in the course of their normal activities. When a potential participant is identified, the partner will collect relevant information and enter it into the REdisCOVERY participant tracking system for follow-up. Number of referred participants will be tracked. Navigation Once a referral has been logged, a navigator will contact the referred participant to begin navigation. Each contact will be logged and follow-up plans recorded. The goal of navigation activities is to link participants with treatment as quickly as possible. Participant contacts and referrals to treatment will be tracked. Treatment OPCC and other program partners will accept referrals from the navigator and provide treatment to new participants entering the system. Whenever necessary, OPCC will provide stabilization and/or bridge medical and behavioral health care while participants await linkage to community care partners. Accepted referrals and participants entering treatment will be tracked. Personnel Port Angeles Police Department (PAPD) has designated two officers to work with the OPCC/REdisCOVERY Mental Health Field Response (MHFR) team. PAPD Deputy Chief Jason Viada will be the Lead Agency Project Manager. Sequim Police Department (SPD) will designate Deputy Chief Mike Hill Chief Criminal Deputy Brian King as the Joint Agency Project Manager. The REdisCOVERY program is comprised of an inter-disciplinary team that provides outreach, navigation, service linkage, case management, and medical & behavioral health care in Clallam County. Using proactive outreach and, depending on need, light-touch or intensive case management, team members work with individuals to assist them with identifying and reaching their goals. Team members have more than 100 years of combined professional and lived experience working with community members who are experiencing homelessness, engaging in frequent encounters with law enforcement, over- utilizing emergency medical services, and/or suffering behavioral health crises. Seven team members are Certified Crisis Intervention Specialist (CCIS) II certified crisis responders. The entire team is required to complete continuing education related to this specific field annually. They key personnel in this project are OPCC/REdisCOVERY MHPs, navigators and project manager. OPCC Executive Director T. Scott Brandon is the agency project manager. He founded the REdisCOVERY program in 2017, based on a nearly-50-year-old model established by the ReDiscover program in Kansas July 5, 2022 J - 44 City, MO, which blended behavioral health care, medical care, field-based outreach, case management and service delivery in one program. Amy Miller, MSW, was the first person hired into the REdisCOVERY program, spent time as REdisCOVERY Program Director, and is now transitioning to a new position where she will be able to use her skills and education to provide clinical supervision to the rest of the REdisCOVERY team. Miller has been recognized as Port Angeles Citizen of the Year in 2019, and received the Soroptimist Ruby Award in 2021, both for her efforts in leading the REdisCOVERY program. Janet Nickolaus is our behavioral health med management ARNP with experience providing street medicine, prison based medicine, and outreach to underserved populations in Portland, Or., for more than 40 years. Two other REdisCOVERY team members are currently in or entering Masters-level behavioral health programs and all qualified team members have obtained Certified Peer Counselor certificates. In addition to being Certified Peer Counselors, the majority of our team are also Certified Crisis Interventionists. OPCC and the REdisCOVERY program understand the difficulty in retaining key employees and the financial and opportunity cost of training new employees. As such, great effort is made to pay at or near industry-standard wages, along with providing employer-subsidized health insurance, employee wellness discount program, a 401(k) program, and generous leave policy. Quality of life allowances are also provided, wherever possible. Due at least in part to the attention paid to creating a positive work environment and encouraging proper work/life balance, OPCC prides itself on low turnover in key positions. The Lead Agency Project Manager (LAPM) will act as a coordinator between law enforcement agencies, and between the agencies and OPCC/REdisCOVERY. LAPM has been involved in Mental Health Field Response work since the implementation of the co-response housing beat and was instrumental in transitioning and expanding the program from a housing-centric focus to a behavioral health and overall wellness focus. July 5, 2022 J - 45 WASHINGTON ASSOCIATION OF SHERIFFS & POLICE CHIEFS MENTAL HEALTH FIELD RESPONSE TEAMS PROGRAM Project Timeline The existing Mental Health Field Response (MHFR) personnel (3.0 FTE) will continue to provide services throughout the contract year. As soon as grant approval is received, if funded, OPCC/REdisCOVERY will hire up to 2.0 FTE new MHFR specialist to provide services in Port Angeles, Sequim, and across the central and Eas This funding will also be used to fund 0.2 FTE Behavioral Health Med Management ARNP, and 0.6 FTE Clinical Supervision for non-clinical staff. While any new employee are being trained, other current REdisCOVERY staff will continue to work with the three participating law enforcement agencies. New hire and training process is expected to take 1-2 months, with the full 4.0 FTE service availability no later than end of August. July 5, 2022 J - 46 Budget WorksheetBudget WorksheetPurpose: The Budget Detail Worksheet is provided for your use in the preparation of the budget and budget narrative. All required information (including narrative) must be provided. Any category of expense not applicable to your budget may be left blank. Indicate any match amount in the narrative sections, if applicable.July 5, 2022J - 47 Salary BasisPercentage of TimeLength of TimeCostExample: James WrightOfficer75,000.00 Year66.67 2 100,005.00 100,000.00 Year 100.00 0.9 90,000.00 SQPD OfficerOfficer104,000.00 Year20.00 0.9 18,720.00 102,000.00 Year25.00 0.9 22,950.00 134,300.00 Year20.00 0.9 24,174.00 TOTAL Personnel155,844.00 Personnel NarrativePAFD ParamedicOfficerDeputyParamedicA. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals and objectives. (Note: Use whole numbers as the percentages of time, an example is 25.50% should be shown as 25.50)PositionNamePAPD Officer x2CCSO DeputyComputationJuly 5, 2022J - 48 Base RateCost100,005.00 0.2992 29,921.50 - - - TOTAL Fringe Benefits- Fringe Benefits NarrativeB. Fringe Benefits - Fringe benefits should be based on actual known costs. List the composition of the fringe benefit package. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation and Unemployment Compensation. (Note: Use decimal numbers for the fringe benefit rates, an example is 7.65% should be shown as .0765)Example: James Wright, Officer Fringe BenefitsDescriptionExample: Our fringe benefit rate is 29.92% and includes the following items; FICA 7.65%, Worker's Compensation 0.55%, Unemployment Compensation 0.54%, Health Insurance 12.18% and Retirement 9%ComputationJuly 5, 2022J - 49 Purpose of Travel LocationCostItem Cost RateBasis for RateQuantityNumber of PeopleNumber of TripsCostLodging132.00 Night 551 3,300.00 Meals59.00 Day 551 1,475.00 Mileage0.54 Mile 1205 321.00 Transportation:AirfareLocal Travel50.00 54 1,000.00 OtherBaggage FeeSubtotal8,846.00 500.00 Round trip51 2,500.00 50.00 151ComputationC. Travel - Itemize travel expense of staff and personnel by purpose (e.g., staff to training, advisory group meeting, field interviews, etc.). Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known; or if unknown, indicate "location to be determined." Note: Travel expenses for consultants should be included in the "Contractual/Consultant" category.8,846.00 250.00 Example: WASPC ConferenceSpokane, WAJuly 5, 2022J - 50 Purpose of TravelLocationCostItem Cost RateBasis for RateQuantityNumber of PeopleNumber of TripsCostLodging- Meals- Mileage- Transportation:Local Travel- OtherSubtotal- Purpose of Travel LocationCostItem Cost RateBasis for RateQuantityNumber of PeopleNumber of TripsCostLodging- Meals- Mileage- Transportation:Local Travel- OtherSubtotal-- Computation- - Computation- -- July 5, 2022J - 51 Purpose of TravelLocationCostItem Cost RateBasis for RateQuantityNumber of PeopleNumber of TripsCostLodging- Meals- Mileage- Transportation:Local Travel- OtherSubtotal- TOTAL Travel- Travel Narrative- - - ComputationJuly 5, 2022J - 52 Quantity CostCost1 2,546.00 2,546.00- - - TOTAL Equipment- Equipment NarrativeDell laptop computerD. Equipment - List non-expendable items that are purchased (Note: Organization's own capitalization policy for classification of equipment should be used). Expendable items should be included in the "Supplies" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project, and describe the procurement method to be used.ItemComputationJuly 5, 2022J - 53 Quantity/ DurationCostCost12 500.00 6,000.00 - - - TOTAL Supplies- Supplies NarrativeE. Supplies - List items by type (office supplies, postage, training materials, copy paper, and expendable equipment costs costing less than $5,000, such as books, hand held recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the project.Supply ItemComputationGeneral Office SuppliesJuly 5, 2022J - 54 Fee Basis QuantityCost425.00 8 hour day2 850.00 - - - Subtotal Consultants- Consultant Fee NarrativeConsultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 hour day), and estimated time on the project. Consultant fees in excess of $450 per day or $56.25 per hour require additional justification and prior approval from WASPC. Name of ConsultantService ProvidedComputationF. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Example: Dr. JonesTraining - how to drill a holeJuly 5, 2022J - 55 Purpose of Travel LocationCostItem Cost RateBasis for RateQuantityNumber of PeopleNumber of TripsCostLodging- Meals- Mileage- Transportation:Local Travel- Other- Subtotal- Purpose of Travel LocationCostItem Cost RateBasis for RateQuantityNumber of PeopleNumber of TripsCostLodging- Meals- Mileage- Transportation:Local Travel- Other-Subtotal-Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.). This includes travel expenses for anyone who is not an employee of the applicant such as participants, volunteers, partners, etc.Computation-- Computation-- July 5, 2022J - 56 Purpose of TravelLocationCostItem Cost RateBasis for RateQuantityNumber of PeopleNumber of TripsCostLodging- Meals- Mileage- Transportation:Local Travel- Other- Subtotal- Subtotal Consultant Expenses- TOTAL Consultants- Consultant Expenses Narrative-- ComputationJuly 5, 2022J - 57 TOTAL ContractsContracts Narrative431,480.00 Olympic Peninsula Community Clinic (OPCC) REdisCOVERY Program431,480.00 Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole-source contracts in excess of $100,000CostItemExample: Research Partner25,000.00 Funded portion of the contract includes four FTE co-response/outreach personnel, 0.6 FTE supervision, and 0.2 FTE behavioral health med management ARNP (program MHP), totaling $259,020. Local match portion of the contract includes unfunded/under-funded behavioral health outreach, Sequim Health & Housing Coalition outreach, and additional MHP volunteers.July 5, 2022J - 58 Quantity Basis CostLength of TimeCostExample: Postage - Community Flyer1,000 Quarterly 0.50 4 2,000.00 - - - TOTAL Other Costs- Other Costs NarrativeG. Other Costs - List items (e.g. rent, reproduction, telephone, janitorial, or security services) by major type and the basis of computation. For example, provide the square footage of the cost per square foot for rent or provide a monthly rental cost and how many months to rent. The basis field is a text field to describe the quantity such as square footage, months, etc.DescriptionComputationJuly 5, 2022J - 59 Local Match (if applicable)328,304.00 TOTAL GRANT REQUEST259,020.00 PAPD Designate Police Officer (Regular Time Salary / Benefits Estimate at $50/hr. Estimate 4 hours a day, Estimate 5 days a week, 20 hours / week x 45 weeks = 900 Designated Officer Regular Hours @ $50.00 PAPD Total = $45,000. PAFD Community Paramedic Full Time Salary / Benefits Estimate 8 hours a week X 47 weeks at $64.56/hour = PA Fire Total = $24,275. Sequim PD Designated Police Officer (Regular Time) Salary / Benefits Estimeat @ $52/hr. Estimate 8 hours / week. 8 hours x 45 weeks x $52/hr Sequim PD Total $18,720. Clallam County SO Designated Deputy (Regular Time) Salary / Benefits Estimate @ $51/hr. Estimate 10 hours / week. 10 hours x 45 weeks x $51/hr Clallam County SO Total $22,950. Locally-funded OPCC outreach/case management programs $150,000 Sequim outreach program Local Match - Describe any local match provided. List source and how the funds will be used to achieve project goals.F. Consultants/Contracts431,480.00 G. Other- TOTAL PROJECT COSTS587,324.00 C. Travel- D. Equipment- E. Supplies- Budget Summary - When you have completed the budget worksheet, the totals for each category will appear in the spaces below. Verify the category and total dollars requested. Budget CategoryAmount RequestedA. Personnel155,844.00 B. Fringe Benefits- July 5, 2022J - 60 10 hours x 45 weeks x $51/hr Clallam County SO Total $22,950. Locally-funded OPCC outreach/case management programs $150,000 Sequim outreach program $10,000, overhead Estimate 10% pass through for 2022 cycle $12,460. Total Estimated Local Contributions = $328,304.July 5, 2022J - 61