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CC Agenda Packet 10/18/2022
October 18, 2022 Port Angeles City Council Meeting Page 1 October 18, 2022 City of Port Angeles Council Meeting Agenda This meeting will be conducted virtually. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Resiliency Month Proclamation 2. Arbor Day Proclamation C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an or derly 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, October 18, 2022. For audio only please call: 1-844-992-4726 Use access code: 2552 245 6844 Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the October 18, 2022 meeting only. If you are joining in through the Webex link: https://cityofpa.webex.com/cityofpa/onstage/g.php?MTID=ea63b24e808060b656bae0ca1e2ac3a7e 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 presi ding 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 peop le 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 gi ven 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 addition al 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 October 18, 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. City Council Minutes of September 20 and September 27, 2022 .................................................................................... E-1 2. Expenditure Report: From September 24, 2022 and October 7, 2022 in the amount of $2,190,909.29 .......................... E-6 3. Shared Storage Facility Agreement / Approve and authorize the City Manager to sign a multi-year sub-lease agreement with Clallam County for the shared storage facility................................................................................................................ E-23 F. Public Hearings | 6:30 p.m. or Soon Thereafter 1. Proposed Adjustments to the 2023 Utility Rates / Continue Public Hearing / Close Public Hearing / Adopt Ordinances ......................................................................................................................................................................................... F-1 2. Revenue Sources for 2023 Budget / Open Public Hearing / Close the Public Hearing ................................................. F-31 G. Ordinances Not Requiring Council Public Hearings ....................................................................................... None H. Resolutions Not Requiring Council Public Hearings I. Other Considerations 1. Update on Elevate Port Angeles / Presentation by Marc Abshire 2. Field Arts and Events Hall Update / Presentation by Steve Raider-Ginsburg 3. Legislative Priorities / Council Discussion ...................................................................................................................... I-1 4. Governor Inslee’s Rescission of COVID-19 Emergency Proclamations and State of Emergency / Council discussion I-5 J. Contracts & Purchasing 1. City Hall Low Impact Development Parking Lot Retrofit, Project No. TR1215, Grant Acceptance WQC-2023-PoPAnPW- 00153 and PSA-2020-26 Amendment 02 ........................................................................................................................ J-1 L. Information City Manager Reports: 1. August Building Report .................................................................................................................................................. L-1 2. Past Due Utility Accounts ............................................................................................................................................... L-2 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment PORI L- E-.:t PROCLAMATION In Recognition of October as Resilience Month 2022 WHEREAS,there is compelling scientilic evidence of a correlation between negative childhood experiences (known as Adverse Childhood Experiences [ACEs] and the resulting lifespan behavioral and health problems when ACEs are unrecognized and unaddressed; and WHEREAS,additional findings in the past 20 years since the publication of the original ACE Study inform us of other adverse events to also be corelated to negative behavioral and health outcomes, such as toxic stress; historical, structural, environmental or community experiences of trauma; and I in 3 Clallam County residents identily as having 3 or more ACEs; and WHEREAS,resilience is an antidote and there is also compelling scientific evidence that being able to rely on relationships to access resources and supporl in those moments ofneed can transform potentially toxic experiences into tolerable ones; and hundreds of residents have collected Resilience Kits from the Nofth Olympic Library System and attended Resilience Month events in the past few years to leam more, practice skills, and develop a shared, common language; and WHEREAS,resilience needs to be nurtured throughout the life-span: resilience is fostered through supportive relationships with caring adults and experiences that strengthen our core adaptive skills; resilience is built through protective factors at the community, organizational and individual levels; and can be seen in Port Angeles this month from the distribution ol Mindful Moments Bags for families at First Step Family Support Center to Porl Angeles seniors starring in a series ofTake Care and Be Well resilience building tiny videos; WHEREAS,the Clallam Resilience Project. a program of United Way of Clallam County, and a consofiium ofover 50 local agencies envisions a community aware ofand actively practicing individual and community resilience strategies that promote wellness; NOW, THEREFORE, I, Kate Dexter, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby proclaim the month of October 2022 to be the fourth annual Resilience Month in Port Angeles and urge all residents to leam about ACEs and create a community that talks about and practices resilience strategies that promote wellness. Throughout October there are multiple free opportunities for ALL to engage in about how we can contribute to a community ofhope and healing. Kate Dexter, Mayor October 18.2022 PROCLAMATION In Recognition of Arbor Day Whereas, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and Whereas, Arbor Day is now observed throughout the nation and the world; and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, lower our heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and Whereas, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal; and Whereas, the City of Port Angeles is recognized as a Tree City USA, and an Arbor Day observance is an important responsibility of that designation. Whereas, City Council has made it a priority to support the preservation of the Aldwell Legacy Forrest. NOW, THEREFORE, I Kate Dexter, Mayor of Port Angeles, do hereby proclaim: October 18, 2022 as Arbor Day in the City of Port Angeles and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands. Dated this __________________________ day of _________ in the year ______________ Mayor __________________________________________________________ DocuSign Envelope ID: 8B46A768-7E7B-496B-BA7D-0EABC9F25A35 202218thOctober CITY COUNCIL MEETING Port Angeles, Washington September 20, 2022 This meeting was conducted virtually. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port An geles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, French, McCaughan, Schromen- Wawrin and Suggs. Members Absent: None. Staff Present: City Manager West, Attorney Bloor, Deputy Clerk Curran, B. Smith, S. Carrizosa, C. Delikat, M. Sanders, N. Gollub, G. King, and K. Hatton . PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. PUBLIC COMMENT Linda Snyder, city resident, spoke in support of religious institutions to provide shelter to the homeless. Roberta Baldwin Stoneman, residing outside the city, spoke in opposition to logging of the Little River forests. Susan Hillgren, business owner in the city, spoke in support of religious institutions to provide shelter to the homeless without an additional use permit. Irene (no last name provided), spoke in support of religious institutions to provide tiny homes to the homeless. Ron Erickson, city resident, spoke in support of religious institutions to provide tiny homes to the homeless. Julia McCord, city resident, spoke in opposition to logging in the Aldwell and Elwha legacy lands. Tyson Minck, residing outside the city, spoke in opposit ion to the Aldwell timber sale on Little River Road. Charlie Comrie, city resident, spoke in support of religious institutions to provide tiny homes to the homeless. Kim Chapman, city resident, spoke in support of religious institutions to provide shel ter to the homeless. Elizabeth Dunn, spoke in support of protection of the Aldwell forest and Elwha river valley, and to pause the auction of those lands. Patricia Jones, speaking on behalf of the Olympic Forest Coalition, spoke in support of the dela y of the auction of Aldwell forest. Ed Chadd, city resident, spoke to the DNR proposed timber sales on the Olympic Peninsula and forest management. Joe DeScala, city resident, spoke in support of religious institutions to provide shelter to the homeless. OTHER CONSIDERATIONS 1.Peninsula Trails Coalition-RAISE Grant Mayor Dexter introduced Peninsula Trails Coalition President Jeff Bohman who provided information on the Great American Rail Trail, and introduced the Coalition’s proposal to pursue the RAISE Grant to expand the trail through all jurisdictions in the scope of area provided on maps. Council discussion followed. October 18, 2022 E - 1 PORT ANGELES CITY COUNCIL MEETING – September 20, 2022 Page 2 of 4 2. Joint Public Safety Facility Project Ma nagement Agreement Manager West provided information regarding the Joint Public Safety Facility project and provided background material on the MOU outlining the partnership between Clallam County and the City of Port Angeles. The agreement covers only the design phase 2 of the project, and further ensures both parties will share the role of site selection, as well as clearly defines the roles for the City and County. Chief Smith confirmed the agreement includes City staff input. Council discussion followed. It was moved by McCaughan and seconded by French to: Approve the Management Agreement for the Joint Public Safety Facility Project between the City of Port Angeles and Clallam County, authorize the City Manager to sign the same, and authorize the City Manager to make minor modifications to the Agreement as appropriate to accomplish the purposes of the project. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS The Mayor added Letter to Request DNR to Delay Timber Auction to allow City to Review Impacts to Water, Climate Action Plan, and Carbon Offset discussion to the agenda as Other Considerations item I-4. CONSENT AGENDA It was moved by McCaughan and seconded by Carr to approve the Consent Agenda to include: 1. Expenditure Report: From August 27, 2022 and September 9, 2022 in the amount of $1,706,727.62 / Approve. 2. Bonneville Power Administration Energy Conservation Agreement Amendment No. 2 / Approve and authorize the City Manager to sign the Energy Conservation Agreement Amendment No. 2 – Contract No. 17ES-11536 with the Bonneville Power Administration. Approve and authorize the City Manager to make any subsequent amendments or minor modifications to the Energy Conservation Agreement . The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. Mayor recessed the meeting for a break at 7:01 p.m. The meeting reconvened at 7:06 p.m. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Religious Organizations Sheltering People Experiencing Homelessness Interim CED Director Gollub introduced the ordinance that addresses homeless encampments, and provide options that are safe, sanitary and healthy. Senior Planner Ben Braudrick provided information on the four alternatives for sheltering people experiencing homelessness, and reviewed the code and existing conditions required for religious organizations to provide services to the homeless. Housing Coordinator Holden Fleming provided background on the important historic and current role that religious organizations serve to the homeless in the community. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Carr to: Amend the ordinance by, in draft PAMC 17.96.055(1)(B), adding "permanent" before "facilities," and adding to the end of that subsection, "Permanent facilities are permanently affixed to land. All other facilities do not require any city permits."; do a first reading of the draft ordinance tonight; direct our staff to forward the draft ordinance creating a new section of code titled 17.96.055 to Planning Commission at the Commission's next meeting, for review and recommendation to Council; and pass the resolution as written regarding hosting people experiencing homelessness by religious organizations. Per that motion, the draft ordinance on PDF page 59 (bates stamp page G-31) is modified so that subsection (1)(B) reads in full: "A religious organization that intends to host permanent facilities for sheltering the homeless shall first obtain a Conditional Use Permit. Permanent facilities are permanently affixed to land. All other facilities do not require any city permits." Mayor Dexter read the resolution by title, entitled, RESOLUTION NO. 18-22 October 18, 2022 E - 2 PORT ANGELES CITY COUNCIL MEETING – September 20, 2022 Page 3 of 4 A resolution of the City of Port Angeles, Washington regarding hosting the homeless by religious organizations. It was moved by French and seconded by Carr to: Recommend to the Planning Commission a discussion making temporary homeless uses allowable uses for community centers without a conditional use permit. After a roll call vote, the motion passed 5-2 with Dexter and Meyer opposed. Mayor recessed the meeting for a break at 8:50 p.m. The meeting reconvened at 8:56 p.m. OTHER CONSIDERATIONS CONTINUED 3. City Council Virtual vs. Hybrid Meetings Manager West provided background information regarding bringing back a discussion to address in-person meetings and at a minimum to continue to offer a hybrid meeting option. This would apply to all Boards and Commissions. Attorney Bloor clarified the City already has a system in place to provide for hybrid meetings. Council discussion followed. 4. Letter to Request DNR to Delay Timber Auction to allow City to Review Impacts to Water, Climate Action Plan, and Carbon Offset. Manager West provided information and sent notice to DNR requesting a review of the Aldwell forest land and believes the harvest should be evaluated for impact to the City water supply. Manager West read into the record an email provided to Department of Natural Resources on the subject harvest. Council discussion followed. It was moved by Suggs and seconded by Schromen-Wawrin to: Submit a letter on behalf of City Council to DNR to delay the Aldwell timber harvest, and request that the forest be considered for the carbon offset program and to allow the City to review impacts to water shed and Climate Action Plan policies implemented. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. SECOND PUBLIC COMMENT No comments were received. CITY COUNCIL REPORTS Council member McCaughan spoke of the Port Angeles Public Access streaming schedule. Council member Suggs spoke of a Clallam County MRC meeting. Council member Schromen-Wawrin spoke of an invitation for a recycling tour in British Columbia, Canada, the North Olympic Development Council September conference, gave thanks to Housing Coordinator Holden Fleming for co- presenting at the Housing & Zoning Council, participated in the Week Without Driving event, and WA Tax Structure Work Group meeting. It was moved by Schromen-Wawrin and seconded by Carr to: Add Council member French as a second alternate for the Clallam Transit System Board. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7 -0 Council member French spoke about attended the Utility Advisory Committee meeting, Elevate PA meeting, and Lodging Tax Advisory Committee meeting. It was moved by Meyer and seconded by Schromen-Wawrin to: Extend the City Council meeting until Council and City Manager reports have concluded. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0 Council member Carr spoke about a local NODC event and opportunities, and the Board of Health meeting. October 18, 2022 E - 3 PORT ANGELES CITY COUNCIL MEETING – September 20, 2022 Page 4 of 4 Mayor Dexter shared thanks to the Police Department for this week’s efforts, attend ed the MRSC meeting, guest on the KONP show tomorrow, and Feiro Marine Life Center Board meeting this week. No other reports were given. INFORMATION Manager West spoke regarding the reports included in the packet and reminded Council of the Madrona Law Group Work Session scheduled for September 27, 2022. ADJOURNMENT Mayor Dexter adjourned the meeting at 10:10 p.m. _____________________________________ Kate Dexter, Mayor October 18, 2022 E - 4 CITY COUNCIL MEETING Port Angeles, Washington September 27, 2022 This meeting was conducted virtually. CALL TO ORDER SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, French, Schromen-Wawrin and Suggs. Members Absent: Council Member McCaughan. Staff Present: City Manager West, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, D. Sharp, J. Viada, M. Healy, N. Gollub, and S. Carrizosa. It was moved by Carr and seconded by Meyer to approve the Consent Agenda to include: Award a contract for Shane Park Title Re-installation to Allplay Design in the amount of $85,685.71 and authorize the City Manager to execute and administer the contract and make any minor modifications as necessary. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 4-0. At the time the vote was taken, Council member Suggs was not present. WORK SESSION Ann Marie Soto and Rachel Turpin of the Madrona Law Group presented slides on Title 5 of the Port Angeles Municipal Code which included a PAMC Re-Envisioning Project update, an overview of proposed changes to Title 5, information on general business licenses verses regulatory licenses, and information on special event permits. Council discussion followed. ADJOURNMENT Mayor Dexter adjourned the meeting at 6:45 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk October 18, 2022 E - 5 MEMO Finance Department Sarina Carrizosa Finance Director Trina McKee Senior Accountant MarySue French Senior Accountant Melody Schneider Management Accountant Micah Rose Financial Analyst Jane Perkins Payroll Specialist Jason Jones Accountant Julie Powell Accounting Technician Luke Anderson Accounting Technician Nicole Blank Administrative Analyst Kathyellen Haney Customer Services Manager Tracy Rooks Utility Billing Specialist PORT NGELES WASH I N G T O N, U.S.A. October 18, 2022 We, the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise and/or services herein specified have been received and that these claims are approved for payment in the amount of $2,190,909.29 this 18th day of October, 2022. yor City Manager City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount COMPOSITE RECYCLING TECHNOLOGY CTR WAGGONER BENCH - DOG PARK 001-0000-239.96-00 2,665.60 MISC ONE-TIME VENDORS REIMBURSEMENT DRA 2015 01 001-0000-239.20-00 69,682.15 WA STATE PATROL AUG 2022 WSP FINGERPRINTS 001-0000-229.50-00 145.75 WASHINGTON (DOL), STATE OF AUGUST 2022 CPLS 001-0000-229.60-00 438.00 Division Total:$72,931.50 Department Total:$72,931.50 LEMAY MOBILE SHREDDING Shredding 001-1230-514.41-50 (1.62) MANAGEMENT SERVICES 001-1230-514.41-50 428.75 City Clerk Division Total:$427.13 City Manager Department Total:$427.13 WASHINGTON (AUDITOR), STATE OF FINANCIAL SERVICES 001-2023-514.41-50 2,449.71 Accounting Division Total:$2,449.71 QUADIENT RENTAL/LEASE EQUIPMENT 001-2070-518.45-30 2,178.12 Reprographics Division Total:$2,178.12 Finance Department Total:$4,627.83 CLALLAM CNTY COMMISSIONER'S OFFICE SUPPLIES 001-3012-598.51-23 79,228.51 Jail Contributions Division Total:$79,228.51 MISC TRAVEL BLOOR-WSAMA FALL CONF 001-3030-515.43-10 316.60 City Attorney Division Total:$316.60 City Attorney Department Total:$79,545.11 SOUND PUBLISHING INC PUBLICATION/AUDIOVISUAL 001-4060-558.41-15 41.92 PUBLICATION/AUDIOVISUAL 001-4060-558.41-15 115.34 Planning Division Total:$157.26 Community Development Department Total:$157.26 MISC TRAVEL CAMERON-SAI VCERT SUMMIT 001-5021-521.43-10 19.75 DROPP-SAI VCERT SUMMIT 001-5021-521.43-10 19.75 MALONE-INVESTIGATION J HI 001-5021-521.43-10 59.25 VANDUSEN-PORT TOWNSEND PR 001-5021-521.43-10 18.50 VANDUSEN-SEARCH WARRANT 2 001-5021-521.43-10 59.25 VERIZON WIRELESS SERVICES DATA PROC SERV &SOFTWARE 001-5021-521.49-90 50.00 Investigation Division Total:$226.50 CURTIS & SONS INC, L N CLOTHING & APPAREL 001-5022-521.31-11 1,871.90 GALLS CLOTHING & APPAREL 001-5022-521.31-11 24.42 Page 1 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 6 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount GALLS CLOTHING & APPAREL 001-5022-521.31-11 379.71 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 44.46 MISC TRAVEL HOLLIS-CDT INSTRUCTIOR CO 001-5022-521.43-10 818.05 HOLLIS-CDT INSTRUCTOR DEV 001-5022-521.43-10 1,626.18 OLYMPIC PENINSULA COMMUNITY CLINIC MISC PROFESSIONAL SERVICE 001-5022-521.41-50 21,585.00 Patrol Division Total:$26,349.72 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5029-521.42-10 12.60 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 275.86 OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 56.36 SEW WHAT CLOTHING & APPAREL 001-5029-521.20-80 117.89 EXTERNAL LABOR 001-5029-521.42-10 10.81 Records Division Total:$473.52 Police Department Total:$27,049.74 SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.35-01 15.82 SUPPLIES 001-6020-522.35-01 64.13 Fire Suppression Division Total:$79.95 MISC TRAVEL MCFARLAND-HAZ MAT ON SCEN 001-6045-522.43-10 191.75 MONTANA-HAZ MAT ON SCENE 001-6045-522.43-10 191.75 Fire Training Division Total:$383.50 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 001-6050-522.41-50 371.00 Facilities Maintenance Division Total:$371.00 Fire Department Total:$834.45 OFFICE DEPOT SUPPLIES 001-7010-532.31-01 (4.62) SUPPLIES 001-7010-532.31-01 25.00 SUPPLIES 001-7010-532.31-01 48.12 Public Works Admin. Division Total:$68.50 Public Works & Utilities Department Total:$68.50 ANGELES MILLWORK & LUMBER SUPPLIES 001-8050-536.31-20 29.40 MATTHEWS BRONZE PA SUPPLIES 001-8050-536.34-01 399.11 SUPPLIES 001-8050-536.34-01 1,135.56 QUIRING MONUMENTS INC MARKER INSCRIPTION 001-8050-536.34-01 300.00 SUPPLIES 001-8050-536.34-01 250.00 SUPPLIES 001-8050-536.34-01 300.00 SUPPLIES 001-8050-536.34-01 300.00 Page 2 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 7 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount 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:$3,339.07 ANGELES CONCRETE PRODUCTS SUPPLIES 001-8080-576.31-40 813.20 ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 54.18 SUPPLIES 001-8080-576.31-20 128.98 SUPPLIES 001-8080-576.31-20 16.65 SUPPLIES 001-8080-576.31-20 47.56 SUPPLIES 001-8080-576.31-20 22.36 EAST SIDE LANDSCAPING SUPPLY SUPPLIES 001-8080-576.31-40 81.45 EMERALD CITY STATEWIDE RENT- A-FENCE SUPPLIES 001-8080-576.45-30 1,956.22 FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 24.21 GOODMAN SANITATION SUPPLIES 001-8080-576.45-30 106.61 SUPPLIES 001-8080-576.45-30 106.61 SUPPLIES 001-8080-576.45-30 213.21 SUPPLIES 001-8080-576.45-30 319.82 HEARTLINE SUPPLIES 001-8080-576.31-40 71.81 SUPPLIES 001-8080-576.31-40 215.42 HI-TECH ELECTRONICS INC SUPPLIES 001-8080-576.45-30 391.55 PORT ANGELES POWER EQUIPMENT SUPPLIES 001-8080-576.31-01 329.33 SUPPLIES 001-8080-576.31-01 11.94 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 16.91 SUPPLIES 001-8080-576.31-01 (61.87) SUPPLIES 001-8080-576.31-01 85.31 SUPPLIES 001-8080-576.31-01 35.99 Parks Facilities Division Total:$4,987.45 Parks & Recreation Department Total:$8,326.52 OTIS ELEVATOR COMPANY INC SUPPLIES 001-8112-555.48-10 3,783.69 Senior Center Facilities Division Total:$3,783.69 GLASS SERVICES CO INC SUPPLIES 001-8131-518.48-10 1,260.10 Central Svcs Facilities Division Total:$1,260.10 CLALLAM CNTY DIV OF ENV HEALTH SUPPLIES 001-8155-575.31-20 93.00 Facility Rentals Division Total:$93.00 Page 3 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 8 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount Facilities Maintenance Department Total:$5,136.79 General Fund Fund Total:$199,104.83 N-DUB PRODUCTIONS FIELD PURCHASE ORDER 101-1430-557.41-50 9,300.00 PENINSULA ADVENTURE SPORTS FIELD PURCHASE ORDER 101-1430-557.41-50 2,000.00 Lodging Excise Tax Division Total:$11,300.00 Lodging Excise Tax Department Total:$11,300.00 Lodging Excise Tax Fund Total:$11,300.00 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 135.29 ALPINE PRODUCTS, INC AUTO & TRUCK MAINT. ITEMS 102-7230-542.31-01 494.28 ANGELES MILLWORK & LUMBER FUEL,OIL,GREASE, & LUBES 102-7230-542.31-01 225.04 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 149.21 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 432.97 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 34.81 FASTENERS, FASTENING DEVS 102-7230-542.31-01 96.02 PAINTS,COATINGS,WALLPAPER 102-7230-542.31-25 165.51 FASTENAL INDUSTRIAL AUTO SHOP EQUIPMENT & SUP 102-7230-542.31-01 72.04 CLOTHING & APPAREL 102-7230-542.31-01 32.47 HARTNAGEL BUILDING SUPPLY INC HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 276.93 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 310.10 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 570.54 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 19.68 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 726.62 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 438.24 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 515.77 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 6,460.11 MISC EMPLOYEE EXPENSE REIMBURSEMENT RUTZ - CDL REIMBURSEMENT 102-7230-542.49-01 136.00 OLYMPIC STATIONERS INC SUPPLIES 102-7230-542.31-01 27.53 PORT ANGELES POWER EQUIPMENT HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 24.14 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 21.69 SHERWIN-WILLIAMS COMPANY, THE HOSES, ALL KINDS 102-7230-542.31-01 103.67 SNAP-ON TOOLS - SARGENT TOOLS LLC AUTO & TRUCK MAINT. ITEMS 102-7230-542.35-01 709.92 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 282.88 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 365.35 Page 4 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 9 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC SHOES AND BOOTS 102-7230-542.31-01 160.92 CLOTHING & APPAREL 102-7230-542.31-01 339.12 LAWN MAINTENANCE EQUIP 102-7230-542.35-01 54.37 JANITORIAL SUPPLIES 102-7230-542.31-01 64.84 LAWN MAINTENANCE EQUIP 102-7230-542.35-01 54.37 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 (55.39) HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 55.39 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 55.39 AUTO SHOP EQUIPMENT & SUP 102-7230-542.31-01 36.82 TRAFFIC SAFETY SUPPLY CO EQUIP MAINT & REPAIR SERV 102-7230-542.31-25 713.16 Street Division Total:$14,305.80 Public Works-Street Department Total:$14,305.80 Street Fund Total:$14,305.80 MCFALL, BARBARA MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 MISC TRAVEL HARRINGTON-ACCESS CERT CL 107-5160-528.43-10 20.50 SEW WHAT CLOTHING & APPAREL 107-5160-528.20-80 17.30 WA STATE PATROL COMPUTER SOFTWARE FOR MIN 107-5160-528.41-50 1,200.00 WCIA (WA CITIES INS AUTHORITY) HUMAN SERVICES 107-5160-528.43-10 60.00 Pencom Division Total:$2,097.80 Pencom Department Total:$2,097.80 Pencom Fund Total:$2,097.80 CURTIS & SONS INC, L N HOSES, ALL KINDS 310-5950-594.65-10 797.75 Homeland Security Division Total:$797.75 Public Safety Projects Department Total:$797.75 SARGENT ENGINEERING, INC ENGINEERING SERVICES 310-8985-594.65-10 1,380.16 ENGINEERING SERVICES 310-8985-594.65-10 4,911.97 Misc Parks Projects Division Total:$6,292.13 Capital Proj-Parks & Rec Department Total:$6,292.13 Capital Improvement Fund Total:$7,089.88 INTERWEST CONSTRUCTION, INC. CONSTRUCTION SERVICES,HEA 312-7930-595.65-10 1,400.00 PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 1,248.95 CONSULTING SERVICES 312-7930-595.65-10 14,885.10 CONSULTING SERVICES 312-7930-595.65-10 1,256.05 CONSULTING SERVICES 312-7930-595.65-10 9,624.48 Page 5 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 10 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 16,862.99 CONSULTING SERVICES 312-7930-595.65-10 18,206.54 SARGENT ENGINEERING, INC ENGINEERING SERVICES 312-7930-595.65-10 1,380.16 GF-Street Projects Division Total:$64,864.27 Capital Projects-Pub Wks Department Total:$64,864.27 Transportation Benefit Fund Total:$64,864.27 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,277.65 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 4.99 FINAL BILL REFUND 401-0000-122.10-99 19.61 FINAL BILL REFUND 401-0000-122.10-99 21.85 FINAL BILL REFUND 401-0000-122.10-99 22.44 FINAL BILL REFUND 401-0000-122.10-99 34.25 FINAL BILL REFUND 401-0000-122.10-99 36.25 FINAL BILL REFUND 401-0000-122.10-99 41.83 FINAL BILL REFUND 401-0000-122.10-99 94.69 FINAL BILL REFUND 401-0000-122.10-99 108.99 FINAL BILL REFUND 401-0000-122.10-99 156.09 FINAL BILL REFUND 401-0000-122.10-99 249.52 FINAL BILL REFUND 401-0000-122.10-99 294.15 FINAL BILL REFUND 401-0000-122.10-99 463.79 FINAL BILL REFUND 401-0000-122.10-99 14.97 FINAL BILL REFUND 401-0000-122.10-99 42.43 FINAL BILL REFUND 401-0000-122.10-99 58.59 FINAL BILL REFUND 401-0000-122.10-99 136.95 FINAL BILL REFUND 401-0000-122.10-99 222.57 FINAL BILL REFUND 401-0000-122.10-99 346.03 FINAL BILL REFUND 401-0000-122.10-99 458.31 FINAL BILL REFUND 401-0000-122.10-99 45.35 FINAL CREDIT-1301 W 6TH 401-0000-122.10-99 24.29 Division Total:$4,175.59 Department Total:$4,175.59 MISC TRAVEL NIEBORSKY-WESTERN PROTECT 401-7111-533.43-10 656.85 SAIZ-NWPPA STAKING CERT T 401-7111-533.43-10 240.50 V SMITH-NWPPA STAKING CER 401-7111-533.43-10 296.00 Engineering-Electric Division Total:$1,193.35 Page 6 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 11 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount BPA-POWER WIRES ELECTRICAL EQUIP & SUPPLY 401-7120-533.33-10 977,567.00 Power Systems Division Total:$977,567.00 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 318.56 MISC EMPLOYEE EXPENSE REIMBURSEMENT BELBIN-MEAL REIMBURSEMENT 401-7180-533.31-01 55.50 HAINSTOCK-MEAL REIMBURSEM 401-7180-533.31-01 55.50 HAMAN-MEAL REIMBURSEMENT- 401-7180-533.31-01 37.00 HAMAN-MEAL REIMBURSEMENT- 401-7180-533.31-01 55.50 ROBINSON-MEAL REIMBURSEME 401-7180-533.31-01 55.50 MISC TRAVEL RAYMOND-SUBSTATION TRAINI 401-7180-533.43-10 15.20 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 401-7180-533.41-50 1,123.20 RAINBOW SWEEPERS, INC ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 11,832.00 Electric Operations Division Total:$13,547.96 Public Works-Electric Department Total:$992,308.31 Electric Utility Fund Total:$996,483.90 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 820.90 Division Total:$820.90 Department Total:$820.90 AMAZON CAPITAL SERVICES PRINTING EQUIP & SUPPLIES 402-7380-534.31-01 122.60 MACHINERY & HEAVY HRDWARE 402-7380-534.31-01 141.33 ANGELES MILLWORK & LUMBER LUMBER& RELATED PRODUCTS 402-7380-534.31-20 172.75 BAXTER AUTO PARTS #15 AUTO SHOP EQUIPMENT & SUP 402-7380-534.31-01 32.28 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 852.84 HARTNAGEL BUILDING SUPPLY INC PAINTS,COATINGS,WALLPAPER 402-7380-534.31-20 63.69 HEARTLINE SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 244.80 SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 97.92 SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 97.92 MISC CITY CONSERVATION REBATES CITY REBATE - WATER CONSE 402-7380-534.49-90 100.00 CITY REBATE-WATER CONSERV 402-7380-534.49-90 70.00 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 299.11 ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 38.64 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 50.31 SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 239.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 193.00 SWAIN'S GENERAL STORE INC PAINTS,COATINGS,WALLPAPER 402-7380-534.31-20 57.51 Page 7 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 12 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 402-7380-534.31-20 25.98 THURMAN SUPPLY HAND TOOLS ,POW&NON POWER 402-7380-534.31-20 114.76 PIPE AND TUBING 402-7380-534.31-20 326.36 TMG SERVICES INC WATER SEWAGE TREATMENT EQ 402-7380-534.35-01 6,000.32 VET INDUSTRIAL INC CONSTRUCTION SERVICES,HEA 402-7380-534.48-10 58,994.25 Water Division Total:$68,335.37 DM DISPOSAL CO. BUILDING MAINT&REPAIR SER 402-7382-534.41-50 49.76 PLATT ELECTRIC SUPPLY INC HAND TOOLS ,POW&NON POWER 402-7382-534.35-01 348.12 HAND TOOLS ,POW&NON POWER 402-7382-534.35-01 434.11 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 50.31 Industrial Water Treatmnt Division Total:$882.30 Public Works-Water Department Total:$69,217.67 Water Utility Fund Total:$70,038.57 ENVIRONMENTAL RESOURCE ASSN MISC PROFESSIONAL SERVICE 403-0000-237.00-00 (13.81) Division Total:($13.81) Department Total:($13.81) ANGELES MILLWORK & LUMBER FUEL,OIL,GREASE, & LUBES 403-7480-535.31-01 39.97 FASTENERS, FASTENING DEVS 403-7480-535.31-20 44.63 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 403-7480-535.31-01 67.70 CUES FASTENERS, FASTENING DEVS 403-7480-535.31-20 37.54 MASS TRANS,ACCES& PARTS 403-7480-535.31-20 452.08 MATERIAL HNDLING&STOR EQP 403-7480-535.31-20 25.62 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 53.56 MISC PROFESSIONAL SERVICE 403-7480-535.31-01 1,439.76 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 53.56 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 984.68 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 53.56 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 285.31 ENVIRONMENTAL RESOURCE ASSN MISC PROFESSIONAL SERVICE 403-7480-535.49-90 170.81 FASTENAL INDUSTRIAL CLOTHING & APPAREL 403-7480-535.31-01 517.18 HARDWARE,AND ALLIED ITEMS 403-7480-535.35-01 398.04 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 212.12 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 139.80 Page 8 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 13 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount FEDERAL EXPRESS CORP Shipping Charges 403-7480-535.42-10 14.53 Shipping Charges 403-7480-535.42-10 64.38 GRAINGER OFFICE MACHINES & ACCESS 403-7480-535.31-20 68.79 PW CONSTRUCTION & RELATED 403-7480-535.31-20 94.13 HARTNAGEL BUILDING SUPPLY INC HARDWARE,AND ALLIED ITEMS 403-7480-535.35-01 457.63 HD SUPPLY BRICKS & CLAY PRODUCTS 403-7480-535.31-20 348.20 HEARTLINE AUTO SHOP EQUIPMENT & SUP 403-7480-535.31-20 215.37 JOHNSON CONTROLS SECURITY SOLUTIONS FIRE PROTECTION EQUIP/SUP 403-7480-535.41-50 456.96 LEITZ FARMS, INC PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 67.31 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 118.49 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 304.64 MCMASTER-CARR SUPPLY CO PLASTICS 403-7480-535.31-20 1,993.39 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 399.38 WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 44.94 WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 1,484.48 NAPA AUTO PARTS BELTS AND BELTING 403-7480-535.31-01 71.64 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 161.09 OLYMPIC PARTY & CUSTODIAL SUPPLIES PAPER & PLASTIC-DISPOSABL 403-7480-535.31-01 396.86 PAPER & PLASTIC-DISPOSABL 403-7480-535.31-01 (217.55) CLOTHING & APPAREL 403-7480-535.31-01 664.63 PAPER & PLASTIC-DISPOSABL 403-7480-535.31-01 356.31 OLYMPIC STATIONERS INC SUPPLIES 403-7480-535.31-01 10.34 PLATT ELECTRIC SUPPLY INC AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 (559.12) AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 559.12 AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 559.12 ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 209.51 OFFICE SUPPLIES, GENERAL 403-7480-535.31-01 (60.86) OFFICE SUPPLIES, GENERAL 403-7480-535.31-01 60.86 OFFICE SUPPLIES, GENERAL 403-7480-535.31-01 60.86 AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 465.82 POLYDYNE INC WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,273.60 PORT ANGELES CITY TREASURER usps cert mail - D. Freed 403-7480-535.42-10 7.85 usps cert mail - D. Freed 403-7480-535.42-10 8.45 Page 9 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 14 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount PORT ANGELES POWER EQUIPMENT FUEL,OIL,GREASE, & LUBES 403-7480-535.31-01 55.65 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 261.09 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 403-7480-535.31-01 284.35 HAND TOOLS ,POW&NON POWER 403-7480-535.35-01 50.10 FOODS: PERISHABLE 403-7480-535.31-01 97.59 SHOES AND BOOTS 403-7480-535.31-01 171.65 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 67.31 JANITORIAL SUPPLIES 403-7480-535.31-01 63.69 CLOTHING & APPAREL 403-7480-535.31-01 159.60 ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-01 21.69 SHOES AND BOOTS 403-7480-535.31-01 165.27 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 403-7480-535.48-02 1,840.00 TENELCO MISCELLANEOUS SERVICES 403-7480-535.47-10 4,025.38 MISCELLANEOUS SERVICES 403-7480-535.47-10 3,817.98 MISCELLANEOUS SERVICES 403-7480-535.47-10 4,265.11 MISCELLANEOUS SERVICES 403-7480-535.47-10 4,248.61 MISCELLANEOUS SERVICES 403-7480-535.47-10 4,100.99 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 8.55 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 94.59 USA BLUEBOOK FIRST AID & SAFETY EQUIP.403-7480-535.31-01 387.45 WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 130.40 WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 495.17 Wastewater Division Total:$42,949.29 Public Works-WW/Stormwtr Department Total:$42,949.29 Wastewater Utility Fund Total:$42,935.48 ANGELES MILLWORK & LUMBER MACHINERY & HEAVY HRDWARE 404-7538-537.31-01 26.05 CLEAN EARTH EVIRONMENTAL SOLUTIONS PW CONSTRUCTION & RELATED 404-7538-537.41-51 1,258.78 PW CONSTRUCTION & RELATED 404-7538-537.41-51 2,446.00 PW CONSTRUCTION & RELATED 404-7538-537.41-51 790.43 PW CONSTRUCTION & RELATED 404-7538-537.41-51 806.23 PW CONSTRUCTION & RELATED 404-7538-537.41-51 806.24 PW CONSTRUCTION & RELATED 404-7538-537.41-51 806.24 PW CONSTRUCTION & RELATED 404-7538-537.41-51 1,549.67 PW CONSTRUCTION & RELATED 404-7538-537.41-51 809.40 Page 10 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 15 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 404-7538-537.31-01 36.90 HARBOR FREIGHT TOOLS FURNITURE,LAB,SPECIAL 404-7538-537.31-01 326.39 OLYMPIC STATIONERS INC SUPPLIES 404-7538-537.31-01 56.36 SWAIN'S GENERAL STORE INC HOSES, ALL KINDS 404-7538-537.31-01 97.72 CLOTHING & APPAREL 404-7538-537.31-01 257.57 FEED,BEDDING,VIT-ANIMALS 404-7538-537.31-01 15.20 THERMO-FLUIDS PW CONSTRUCTION & RELATED 404-7538-537.41-51 172.50 PW CONSTRUCTION & RELATED 404-7538-537.41-51 248.40 SW - Transfer Station Division Total:$10,510.08 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 135.32 FASTENAL INDUSTRIAL PAPER & PLASTIC-DISPOSABL 404-7580-537.31-01 60.10 MISC EMPLOYEE EXPENSE REIMBURSEMENT ADOLPHSEN-MEAL REIMBURSEM 404-7580-537.31-01 37.00 COOK-MEAL REIMBURSEMENT-8 404-7580-537.31-01 37.00 COOK-MEAL REIMBURSEMENT-9 404-7580-537.31-01 37.00 CRENSHAW-MEAL REIMBURSEME 404-7580-537.31-01 37.00 CRENSHAW-MEAL REIMBURSEME 404-7580-537.31-01 37.00 CRENSHAW-MEAL REIMBURSEME 404-7580-537.31-01 37.00 DICKINSON-MEAL REIMBURSEM 404-7580-537.31-01 37.00 DICKINSON-MEAL REIMBURSEM 404-7580-537.31-01 37.00 FROJEN-MEAL REIMBURSEMENT 404-7580-537.31-01 18.50 HENKE-MEAL REIMBURSEMENT- 404-7580-537.31-01 18.50 HENKE-MEAL REIMBURSEMENT- 404-7580-537.31-01 37.00 HENKE-MEAL REIMBURSEMENT- 404-7580-537.31-01 37.00 HENKE-MEAL REIMBURSEMENT- 404-7580-537.31-01 37.00 HEUSTIS- MEAL REIMBURSEME 404-7580-537.31-01 18.50 HOWELL-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 HOWELL-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 NORBISRATH-MEAL REIMBURSE 404-7580-537.31-01 37.00 OWENS-MEAL REIMBURSEMENT- 404-7580-537.31-01 18.50 OWENS-MEAL REIMBURSEMENT- 404-7580-537.31-01 37.00 PERRY-MEAL REIMBURSEMENT- 404-7580-537.31-01 18.50 PETTY-MEAL REIMBURSEMENT- 404-7580-537.31-01 18.50 SAGE-MEAL REIMBURSEMENT - 404-7580-537.31-01 18.50 SAGE-MEAL REIMBURSEMENT-9 404-7580-537.31-01 18.50 Page 11 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 16 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount MISC EMPLOYEE EXPENSE REIMBURSEMENT SCOTT-MEAL REIMBURSEMENT- 404-7580-537.31-01 37.00 SHOWERS-MEAL REIMBURSEMEN 404-7580-537.31-01 37.00 SIEGLER-MEAL REIMBURSEMEN 404-7580-537.31-01 37.00 STRAIT-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 STRAIT-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 TOLI-MEAL REIMBURSEMENT-9 404-7580-537.31-01 18.50 WRIGHT-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 WRIGHT-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 WURZ-MEAL REIMBURSEMENT-9 404-7580-537.31-01 37.00 OLYMPIC STATIONERS INC SUPPLIES 404-7580-537.31-01 16.59 REHRIG PACIFIC COMPANY, INC HARDWARE,AND ALLIED ITEMS 404-7580-537.35-01 16,123.90 HARDWARE,AND ALLIED ITEMS 404-7580-537.35-01 17,244.82 HARDWARE,AND ALLIED ITEMS 404-7580-537.35-01 17,990.81 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 404-7580-537.35-01 84.42 SHOES AND BOOTS 404-7580-537.31-01 169.62 CLOTHING & APPAREL 404-7580-537.31-01 63.55 Solid Waste-Collections Division Total:$52,906.63 2 GRADE, LLC ROADSIDE,GRNDS,REC, PARK 404-7585-537.48-10 10,218.75 ROADSIDE,GRNDS,REC, PARK 404-7585-537.48-10 34,740.50 Solid Waste-Landfill Division Total:$44,959.25 Public Works-Solid Waste Department Total:$108,375.96 Solid Waste Utility Fund Total:$108,375.96 ANGELES MILLWORK & LUMBER BUILDER'S SUPPLIES 406-7412-538.31-20 52.96 BUILDER'S SUPPLIES 406-7412-538.31-20 79.45 BUILDER'S SUPPLIES 406-7412-538.31-20 259.94 FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP.406-7412-538.31-01 135.02 JANITORIAL SUPPLIES 406-7412-538.31-20 1,019.87 HARDWARE,AND ALLIED ITEMS 406-7412-538.31-01 74.52 FERGUSON ENTERPRISES INC AGRICULTURAL EQUIP&IMPLEM 406-7412-538.31-20 784.07 OSBORN CONSULTING, INC CONSULTING SERVICES 406-7412-538.41-50 22,151.91 PORT ANGELES POWER EQUIPMENT CLOTHING & APPAREL 406-7412-538.31-01 43.41 HARDWARE,AND ALLIED ITEMS 406-7412-538.31-01 11.94 SWAIN'S GENERAL STORE INC CUTLERY,DISHES GLASS ETC 406-7412-538.31-01 21.66 AIR CONDITIONING & HEATNG 406-7412-538.31-01 38.20 USA BLUEBOOK LEATHER& RELATED SUP,ACC 406-7412-538.31-01 522.21 Page 12 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 17 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount USA BLUEBOOK RADIO & TELECOMMUNICATION 406-7412-538.35-01 389.65 Stormwater Division Total:$25,584.81 Public Works-WW/Stormwtr Department Total:$25,584.81 Stormwater Utility Fund Total:$25,584.81 CLALLAM CNTY EMS OCTOBER MPD 409-6025-526.41-50 1,140.00 STRYKER SALES CORPORATION SALE SURPLUS/OBSOLETE 409-6025-526.31-01 275.05 Medic I Division Total:$1,415.05 Fire Department Total:$1,415.05 Medic I Utility Fund Total:$1,415.05 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 3,060.75 PKG LAW, PS MISC PROFESSIONAL SERVICE 413-7481-535.41-50 2,026.11 MISC PROFESSIONAL SERVICE 413-7481-535.41-50 8,165.00 Wastewater Remediation Division Total:$13,251.86 Public Works-WW/Stormwtr Department Total:$13,251.86 Harbor Clean Up Fund Total:$13,251.86 AIR FLO HEATING COMPANY INC CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 ALL WEATHER HEATING AND COOLING CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 1,600.00 DAVE'S HEATING & COOLING SVC CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 950.00 GLASS SERVICES CO INC CITY REBATE-WINDOW REPLAC 421-7121-533.49-86 240.00 PENINSULA HEAT INC CITY REBATE-VAR SPD HEAT 421-7121-533.49-86 700.00 Conservation Division Total:$6,690.00 Public Works-Electric Department Total:$6,690.00 Conservation Fund Total:$6,690.00 PRIME ELECTRIC EQUIP MAINT & REPAIR SERV 451-7188-594.65-10 15,371.53 Electric Projects Division Total:$15,371.53 Public Works-Electric Department Total:$15,371.53 Electric Utility CIP Fund Total:$15,371.53 HDR ENGINEERING, INC CONSULTING SERVICES 453-7488-594.65-10 8,952.50 Wastewater Projects Division Total:$8,952.50 Public Works-WW/Stormwtr Department Total:$8,952.50 WasteWater Utility CIP Fund Total:$8,952.50 Page 13 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 18 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 49.38 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 61.33 DAREN'S POINT S AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 591.48 DON SMALL & SONS OIL DIST CO. AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 409.95 FAR-WEST MACHINE & HYDRAULICS HOSES, ALL KINDS 501-0000-141.40-00 261.99 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 179.47 KAMAN INDUSTRIAL TECHNOLOGIES HOSES, ALL KINDS 501-0000-141.40-00 291.28 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 100.47 NAPA AUTO PARTS AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 102.32 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 59.84 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 70.58 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 269.61 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 47.83 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 176.06 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 230.92 PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,122.65 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 157.35 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 82.52 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 127.69 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 406.52 SETINA MFG CO INC AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 2,575.30 SIX ROBBLEES' INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 13.17 TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 27.34 TOWN & COUNTRY TRACTOR, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 160.05 Division Total:$7,575.10 Department Total:$7,575.10 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 162.63 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 23.84 LAUNDRY/DRY CLEANING SER 501-7630-548.49-90 20.28 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 (20.28) LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 110.72 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 11.97 Page 14 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 19 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount BICKFORD FORD INC. AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 208.29 DAREN'S POINT S AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 369.02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 574.76 EXTERNAL LABOR SERVICES 501-7630-548.34-02 65.24 EXTERNAL LABOR SERVICES 501-7630-548.34-02 307.31 EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.44 FAR-WEST MACHINE & HYDRAULICS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 71.50 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 357.25 ELECTRICAL EQUIP & SUPPLY 501-7630-548.34-02 9,331.29 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 173.05 HUGHES FIRE EQUIPMENT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 233.64 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 155.73 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 326.85 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 394.03 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,202.30 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 128.15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 127.34 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (49.17) O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (18.50) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 347.51 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (97.92) PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 810.56 POMP'S TIRE SERVICE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 265.25 EXTERNAL LABOR SERVICES 501-7630-548.34-02 1,378.51 RUDY'S AUTOMOTIVE EXTERNAL LABOR SERVICES 501-7630-548.34-02 85.68 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 748.28 EXTERNAL LABOR SERVICES 501-7630-548.34-02 518.65 SCARFF FORD, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 244.28 Equipment Services Division Total:$19,606.76 Public Works Department Total:$19,606.76 Equipment Services Fund Total:$27,181.86 CITIES DIGITAL CONSULTING SERVICES 502-2081-518.41-50 2,121.60 MISC EMPLOYEE EXPENSE REIMBURSEMENT WEEKS-BACKERBOARD FOR HYB 502-2081-518.31-01 92.76 Page 15 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 20 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount PORT ANGELES CITY TREASURER Hard Hats - T Weeks 502-2081-518.31-80 26.05 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2081-518.48-10 3,046.40 SIGNAL PERFECTION, LTD DATA PROC SERV &SOFTWARE 502-2081-518.48-02 3,824.55 SUPERION, LLC DATA PROC SERV &SOFTWARE 502-2081-518.48-02 5,188.58 Information Technologies Division Total:$14,299.94 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2082-594.65-10 149,891.58 SOFTRESOURCES LLC CONSULTING SERVICES 502-2082-594.65-10 1,050.00 IT Capital Projects Division Total:$150,941.58 PUD #1 OF CLALLAM COUNTY RADIO & TELECOMMUNICATION 502-2083-518.47-10 73.54 Wireless Mesh Division Total:$73.54 Finance Department Total:$165,315.06 Information Technology Fund Total:$165,315.06 HSA BANK Service Fee 503-1631-517.46-30 31.50 Service Fee 503-1631-517.46-30 335.00 REDACTED Disability Board-Sept 503-1631-517.46-35 8.43 Disability Board-Sept 503-1631-517.46-35 37.81 Disability Board-Sept 503-1631-517.46-35 80.00 Disability Board-Sept 503-1631-517.46-35 1,337.68 Disability Board-Sept 503-1631-517.46-35 4,729.15 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 124.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 136.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 145.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 154.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 169.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 170.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 170.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 170.10 Page 16 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 21 City of Port Angeles City Council Expenditure Report Between Sep 24, 2022 and Oct 7, 2022 Vendor Description Account Number Amount REDACTED REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 170.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 444.10 REIMBURSE MEDICARE-SEPT 503-1631-517.46-35 669.10 Other Insurance Programs Division Total:$10,148.97 Self Insurance Department Total:$10,148.97 Self-Insurance Fund Total:$10,148.97 CHAPTER 13 TRUSTEE Case #21-10696 920-0000-231.56-90 358.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 615.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 24,211.00 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 120.36 PAYROLL SUMMARY 920-0000-231.50-10 90,378.48 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 91.18 PAYROLL SUMMARY 920-0000-231.50-20 76.50 PAYROLL SUMMARY 920-0000-231.50-20 102,740.00 HSA BANK Employee Constributions 920-0000-231.52-40 3,716.54 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 1,635.44 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 35,015.00 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 28,339.50 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 260.76 PERS PAYROLL SUMMARY 920-0000-231.51-10 685.10 PAYROLL SUMMARY 920-0000-231.51-11 19,333.51 PAYROLL SUMMARY 920-0000-231.51-12 85,878.25 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,160.00 PAYROLL SUMMARY 920-0000-231.54-10 2,160.00 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 200.00 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 2,025.00 Division Total:$400,401.16 Department Total:$400,401.16 Payroll Clearing Fund Total:$400,401.16 Total for Checks Dated Between Sep 24, 2022 and Oct 7, 2022 $2,190,909.29 Page 17 of 17 Oct 13, 2022 4:35:03 PM October 18, 2022 E - 22 Date: October 18, 2022 To: City Council From: Brian Smith, Chief of Police Subject: Shared Storage Facility Agreement Background / Analysis: The City of Port Angeles and Clallam County have used a shared storage facility to secure evidence and property for several years. This is a renewal of past agreements. The County Sheriff’s has leased a 7,000 square foot facility and the City will occupy a third of the space. The City will sublet from the County at a rate of one third of the total annual lease amount during the duration of this sublease agreement. The utilities will be paid by the County. The County will maintain custody and control over all property and vehicles maintained at the facility. The City will have access to the facility upon coordination with a Sheriff’s Office Property and Evidence Manager or Chief Civil Deputy. The City’s portion to utilize this storage facility is approximately $9,000 per year, however due to an administrative error the City was not billed for these services in 2021 despite the use of the facility. Staff is requesting the approval of payment per the agreement for the 2021 and 2022 fiscal years. Funding Overview: The 2021 and 2022 Police Department budgets included approximately $9,000 each year for the shared storage facility, however, due to the delay in billing for the 2021 year a budget amendment will be required in the amount of $8,700 in the 2022 Budget. . Summary: The City of Port Angeles and Clallam County have a shared storage facility. This shared facility is used to store evidence and property that needs to be in a secure location. The agreement is attached for reference. The City’s portion to utilize this storage facility is approximately $9,000 per year, however due to an administrative error the City was not billed for these services in 2021 despite the use of the facility. Staff is requesting the approval of payment per the agreement for the 2021 and 2022 fiscal years. Funding: The funding for the City of Port Angeles share of the agreement has been Council approved as a part of the 2021 and 2022 Police Department budgets, however, due to the delay in billing for the 2021 year a budget amendment will be required in the amount of $8,700 in the 2022 Budget. Recommendation: Approve and authorize the City Manager to sign a multi-year sub-lease agreement with Clallam County for the shared storage facility. October 18, 2022 E - 23 - 1 - SUBLEASE BETWEEN CITY OF PORT ANGELES and CLALLAM COUNTY SHARED STORAGE FACILITY THIS AGREEMENT is entered into this ____ day of __________, 2022, by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as “City”) and Clallam County, a political subdivision of the State of Washington (hereinafter referred to as “County”). THE PURPOSE OF THIS AGREEMENT IS TO memorialize the terms under which the County will sublet a portion of a leased warehouse for the purpose of co-locating property and vehicle storage with the City. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: LEASE The County Sheriff’s has leased a 7,000 square foot facility and the City will occupy 1/3rd of the space. The City will sublet from the County at a rate of 1/3rd of the total annual lease amount during the duration of this sublease agreement. The utilities will be paid by the County. The County will maintain custody and control over all property and vehicles maintained at the facility. The City will have access to the facility upon coordination with a Sheriff’s Office Property and Evidence Manager or Chief Civil Deputy. INDEMNIFICATION The parties will mutually defend, indemnify and hold harmless the other party, its officers, employees, and agents from and against any and all costs, claims, demands, judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of the other party, its officers or employees in performing this agreement. DURATION This Agreement will remain in effect until terminated in writing by either party. CONTACT PERSONS The City and the County will each appoint a representative who will be responsible for the administration of this Agreement. Unless otherwise designated in writing, the City contact person will be the City’s Chief of Police. The County contact person will be the Sheriff’s Office Chief Civil Deputy. COMPENSATION The City has appropriated that public funds be expended to meet this storage need. The source of funds is the City budget. Funds for payment of services to be rendered under this agreement will be available for this purpose. The County will not be obligated to perform services, for which timely payment is not received. The City’s portion to sublet is subject to annual review. The County will draft an annual cost calculation spreadsheet based upon the annual lease cost calculations in the County’s lease agreement for the property. The County will submit an annual invoice to the City for the updated annual sublet cost. A one-time payment for prior sublet use is invoiced for the period 01/01/21 throug h 12/31/21 in the amount of $8,664.48 and is due upon execution of this agreement. October 18, 2022 E - 24 - 2 - AGREEMENT ALTERATIONS AND AMENDMENTS The City and the County may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the City and the County. TERMINATION Except as otherwise provided for in this agreement, either party may terminate this agreement upon thirty (30) days written notice. If this agreement is so terminated, the terminating party shall be liable only for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. In the event of termination, the parties agree that any property acquired in connection with this agreement shall remain the property of the party who purchased the property. DISPUTE RESOLUTION In the event that a dispute arises under this agreement, it shall be determined in the following manner: The City shall appoint a member to the Dispute Board. The County will appoint a member to the Dispute Board. The City and the County will jointly appoint a member to the Dispute Board. In the event the City and County are not able to jointly agree on a third member to serve on the Dispute Board, either party may petition the Superior Court for Clallam County to appoint a third member to the Dispute Board. The Dispute Board shall evaluate and adjudicate the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. COMPLETE EXPRESSION This agreement, and any written attachments or amendments thereto, constitutes the complete agreement of the parties and any oral representations or understandings not incorporated herein are excluded. ALL WRITINGS CONTAINED HEREIN IN WITNESS WHEREOF, the City of Port Angeles and Clallam County have signed this agreement as of the date and year written below. _______________________________ __________________________________ Brian Smith, Chief of Police W. L. Benedict, Sheriff Port Angeles Police Department Clallam County Sheriff’s Office Date: __________________________ Date: _____________________________ ________________________________ __________________________________ Nathan West, City Manager Mark Ozias, Chair City of Port Angeles Board of Clallam County Commissioners Date: ___________________________ Date: _____________________________ Approved as to Form: Approved as to Form: __________________________________ __________________________________ William E. Bloor, City Attorney Clallam County Prosecutor’s Office October 18, 2022 E - 25 .0 Date: October 18, 2022 To: City Council From: Nathan A. West, City Manager Sarina Carrizosa, Finance Director Subject: Proposed Adjustments to the 2023 Utility Rates Background / Analysis: The Water, Wastewater and Medic 1 utility rates will expire December 31, 2022. In 2019, the Utility Advisory Committee (UAC), Council and staff reviewed and City Council ultimately approved the Cost of Service (COSA) methodologies for each utility with the intent that these methodologies would be used for setting 2020 and future utility rates. Principles used when creating the COSA methodologies include the following: rates must be cost based, meet revenue requirements of the utility, be easy to administer, be just, reasonable, fair and equitable and be affordable. The rates that are being presented utilize the principles and methodologies to determine true and fair costs associated with each utility and the associated customer classes. Due to rising costs caused by inflation and personnel agreements as well as increased capacity needs and staff’s commitment to keep rates as low as possible, multiple scenarios have been provided. The first scenario demonstrates rates as projected in the 2023 Budget. The second scenario for Water and Wastewater includes funding for added capacity to complete critical projects and tasks in these utilities. In the Wastewater utility this is the staff recommendation. The third scenario includes options that include rate stabilization in the Water and Medic 1 utilities and is the staff recommendation for these utilities. The Summary: In 2019, the Utility Advisory Committee, Council and staff reviewed and City Council ultimately approved Cost of Service Methodologies for each utility with the intent that these methodologies would be used for setting future utility rates. Presented in this memo are the proposed 2023-24 rates for the Water and Wastewater utilities and 2023–25 rates for the Medic 1 utility for Council’s consideration. These rates were calculated using the approved Cost of Service (COSA) methodologies. The Utility Advisory Committee (UAC) forwarded a favorable recommendation of the presented rates to Council at their September 13, 2022 meeting. This is the second reading of the rates. Funding: The rate changes as presented will generate the required revenue stream to meet budgeted expenditures and fund debt requirements. Rate changes differ by utility and are explained further in this memo and the corresponding attachments. Recommendation: The requested action for this issue is as follows: 1) Conduct the second reading of the 2023-2024 and 2023-2025 proposed rate adjustment ordinances; 2) Continue the Public Hearing regarding the proposed 2023-2024 and 2023-2025 rate changes from the October 4th meeting; 3) Close the Public Hearing; 4) Adopt the ordinances adjusting rates in the Water and Wastewater fund for the 2023-2024 fiscal years and in the Medic 1 fund for the 2023-2025 fiscal years. October 18, 2022 F - 1 following synopsis explains the changes to the rate structure in the staff recommended option for each utility based on the COSA process: ▪ Water – Includes a $135,000 increase for capacity to complete capital projects and perform critical tasks needed in this fund. This recommendation also includes the use of $200,000 in rate stabilization funds per year received from the National Park Service in 2006 and 2008 specifically designated for rate stabilization or completion of capital projects. ▪ Wastewater – Additional budget for capacity needs have also been included in the COSA in the amount of $135,000 for completion of critical infrastructure needs identified during the Wastewater Comprehensive Plan. ▪ Medic 1 – Completes the five-year phase-out of the subsidy to assisted living and 24-hour nursing homes as approved in the 2020 COSA cycle. Recommends the use of excess reserves as rate stabilization in the amount of $100,000 per year each of the three years in the COSA cycle. Due to the change in methodologies as a whole, rates changed in all areas in 2020, with some classes increasing and others decreasing. These rates became the new base standard moving forward. The attachments to this memo detail the proposed changes for each customer class, and include each scenario presented by staff, as well as provide an example of customer usage ranges and the effect these proposed utility rate changes would have on each. Proposed rates in the Water and Wastewater utilities are for two years, ending December 31, 2024, and for three years in the Medic 1 utility, ending December 31, 2025. Rates have been averaged over their respective two or three year cycle for ease of administration and predictability to City customers. The UAC forwarded a favorable recommendation of the staff recommended rates to Council. This is the second reading of the ordinances adopting the proposed rate changes. Since the first reading there have not been any changes to the proposed rates, however, during the public hearing at the October 4th Council meeting there were a number of comments regarding the methodology for the Wastewater charge for usage. These comments were specific to watering lawns and gardens where the usage does not cycle through the Wastewater facility. This was also discussed during the methodology process in 2019. Here are some considerations prior to modifying existing methodology: ▪ The City does not have a way to accurately monitor which households are utilizing water for gardens or lawn watering in the same way that a business can be monitored. ▪ City utility funds operate as a separate business based on costs for services. This means that the utility must still collect the same amount of revenue regardless of any subsidy or policy changes to the methodology. This means that any changes to the methodology will shift costs to another area of the COSA. ▪ Prior to the change in COSA methodology in 2019, the City charged two rates for wastewater services one for less than 430 cubic feet of usage and one for higher than 430 cubic feet of usage. The new methodology includes one rate for the base and the usage and as a result customers saw a decrease in their overall wastewater bill. The proposed changes to this COSA cycle will bring rates to a comparable level prior to the initial savings from the COSA changes. Another option for customers with a significant amount of water usage due to watering gardens or lawns would be to install an irrigation meter. These meters are not calculated in the wastewater usage rate. Additionally, these meters can be disconnected during the winter months when not in use and connected in summer months as requested by customers which will prevent the need to pay a base rate when there is not any usage. Cost for the installation of irrigation meters is dependent on installation needs. The base October 18, 2022 F - 2 rate of an irrigation meter is currently $35.26. Customers may wish to assess whether the cost for such a meter outweighs the benefits. City staff are available to walk through individual customer utility bills to help review historic water usage and respective wastewater charges. Installation costs for these meters can also be provided. Funding Overview: The rate changes will generate the required revenue stream to meet budgeted expenditures and fund debt requirements. Rate changes differ by utility and are explained further in this memo and the corresponding attachments. Attachments: • 2023 Recommended Utility Rates for Water, Wastewater and Medic 1. • Examples of rate changes by customer class. October 18, 2022 F - 3 Water Rates – 2023 Budget Municipal 2020-22 2023-24 Difference Percent 5/8"16 40.01 43.72 3.71 9.27% 3/4"3 40.01 43.72 3.71 9.27% 1"9 69.53 74.92 5.39 7.75% 1.5"1 118.76 126.93 8.17 6.88% 2"9 177.82 189.34 11.52 6.48% 3"2 335.33 355.78 20.45 6.10% 4"1 512.53 543.01 30.48 5.95% All 1,398,973 0.019423 0.02453 0.00511 26.29% Federal Non Taxable 2020-22 2023-24 Difference Percent 5/8"38.95 42.64 3.69 9.47% 3/4"38.95 42.64 3.69 9.47% 1"67.70 73.08 5.38 7.94% 1.5"115.62 123.81 8.19 7.08% 2"173.12 184.68 11.56 6.68% 3"326.46 347.02 20.56 6.30% 4"498.97 529.64 30.67 6.15% All 0.01891 0.02393 0.00502 26.55% Irrigation 2020-22 2023-24 Difference Percent 5/8"31 35.26 37.40 2.14 6.06% 3/4"7 35.26 37.40 2.14 6.06% 1"20 64.80 68.61 3.81 5.88% 1.5"8 114.02 120.62 6.59 5.78% 2"18 173.09 183.03 9.94 5.74% 3"3 330.59 349.46 18.87 5.71% 4"2 507.78 536.70 28.91 5.69% All 5,757,331 0.019423 0.02453 0.005107 26.29% Usage Base Usage Base Base Usage Residential 2020-22 2023-24 Difference Percent Billing Volumes 5/8"6,252 38.50 41.19 2.69 6.99% 25% Discount 125 28.88 30.89 2.01 6.96% 35% Discount 350 25.03 26.78 1.75 6.99% 3/4"310 38.50 41.19 2.69 6.99% 1"42 38.50 41.19 2.69 6.99% 1.5"4 38.50 41.19 2.69 6.99% Block 1 (0-1,000 cf)39,641,971 0.01976 0.02495 0.005190 26.27% Block 2 (1,001-1,500 cf)1,939,373 0.02498 0.03153 0.006550 26.22% Block 3 (1,501+)1,192,049 0.03012 0.03802 0.007900 26.23% 25% Discount 809,121 0.01522 0.01921 35% Discount 2,265,540 0.01319 0.01665 Total PUD 2020-22 2023-24 Difference Percent Gales 7,614,875 0.02681 0.03328 0.006470 24.13% Baker Street 7,272,465 0.02560 0.03178 0.006180 24.14% Commercial 2020-22 2023-24 Difference Percent 5/8"550 41.91 45.79 3.88 9.25% 3/4"101 41.91 45.79 3.88 9.25% 1"147 72.84 78.47 5.63 7.73% 1.5"85 124.40 132.94 8.54 6.87% 2"90 186.27 198.31 12.04 6.47% 3"26 351.26 372.64 21.38 6.09% 4"11 536.88 568.74 31.86 5.93% 6"8 1,052.47 1,113.48 61.01 5.80% 8"2 1,671.18 1,767.18 96.00 5.74% All 28,470,734 0.02035 0.02569 0.00534 26.24% Base Usage Base Usage WATER UTILITY - Base Model - No Increase in Capacity No Pipe Size rate Changes October 18, 2022 F - 4 Water Rates with Increased Capacity Consumption rate Base/Tiered Rate Consumption Charges Total Monthly Charges Base/Tiered Rate Consumption Charges Total Monthly Charges 2023 chg from 2020- 22 2023 vs 2020-22 2023/24 Avg chg from 2020/22 Residential - 5/8 line (88%) Low Consumption 250 38.50 4.94 43.44 41.19 6.24 47.43 4.20 9.7% 3.99 500 38.50 9.88 48.38 41.19 12.48 53.67 5.39 11.1% 5.29 750 38.50 14.82 53.32 41.19 18.71 59.91 6.59 12.4% 6.59 Medium Consumption 1150 38.50 23.51 62.01 41.19 29.68 70.87 8.69 14.0% 8.87 High Consumption 7500 38.50 1,193.23 1,231.73 41.19 1,243.88 1,285.07 49.64 4.0% 53.34 2020-2022 2023/2024 Average Residential 2020-22 2023-24 Difference Percent Billing Volumes 5/8"6,252 38.50 42.05 3.55 9.22% 25% Discount 125 28.88 31.54 2.66 9.21% 35% Discount 350 25.03 27.33 2.30 9.19% 3/4"310 38.50 42.05 3.55 9.22% 1"42 38.50 42.05 3.55 9.22% 1.5"4 38.50 42.05 3.55 9.22% Block 1 (0-1,000 cf)39,641,971 0.01976 0.02594 0.006180 31.28% Block 2 (1,001-1,500 cf)1,939,373 0.02498 0.03279 0.007810 31.27% Block 3 (1,501+)1,192,049 0.03012 0.03953 0.009410 31.24% 25% Discount 809,121 0.01522 0.01998 35% Discount 2,265,540 0.01319 0.01731 Total PUD 2020-22 2023-24 Difference Percent Gales 7,614,875 0.02681 0.03440 0.007590 28.31% Baker Street 7,272,465 0.02560 0.03286 0.007260 28.36% Commercial 2020-22 2023-24 Difference Percent 5/8"550 41.91 46.79 4.88 11.64% 3/4"101 41.91 46.79 4.88 11.64% 1"147 72.84 80.27 7.43 10.20% 1.5"85 124.40 136.07 11.67 9.38% 2"90 186.27 203.02 16.75 8.99% 3"26 351.26 381.57 30.31 8.63% 4"11 536.88 582.45 45.57 8.49% 6"8 1,052.47 1,140.44 87.97 8.36% 8"2 1,671.18 1,810.01 138.83 8.31% All 28,470,734 0.02035 0.02672 0.00637 31.30% Usage Base Usage WATER UTILITY - With an Increase in Capacity One Residential Rate-w disc Base October 18, 2022 F - 5 Municipal 2020-22 2023-24 Difference Percent 5/8"16 40.01 44.66 4.65 11.62% 3/4"3 40.01 44.66 4.65 11.62% 1"9 69.53 76.63 7.10 10.21% 1.5"1 118.76 129.89 11.13 9.37% 2"9 177.82 193.82 16.00 9.00% 3"2 335.33 364.27 28.94 8.63% 4"1 512.53 556.03 43.50 8.49% All 1,398,973 0.01942 0.02551 0.00609 31.34% Federal Non Taxable 2020-22 2023-24 Difference Percent 5/8"38.95 43.59 4.64 11.91% 3/4"38.95 43.59 4.64 11.91% 1"67.70 74.77 7.07 10.44% 1.5"115.62 126.75 11.13 9.63% 2"173.12 189.13 16.01 9.25% 3"326.46 355.46 29.00 8.88% 4"498.97 542.59 43.62 8.74% All 0.01891 0.02489 0.00598 31.62% Irrigation 2020-22 2023-24 Difference Percent 5/8"31 35.26 38.15 2.89 8.19% 3/4"7 35.26 38.15 2.89 8.19% 1"20 64.80 70.11 5.31 8.20% 1.5"8 114.02 123.38 9.36 8.21% 2"18 173.09 187.30 14.21 8.21% 3"3 330.59 357.76 27.17 8.22% 4"2 507.78 549.51 41.73 8.22% All 5,757,331 0.019423 0.02551 0.006087 31.34% Base Usage Base Usage Base Usage Consumption rate Base/Tiered Rate Consumption Charges Total Monthly Charges Base/Tiered Rate Consumption Charges Total Monthly Charges 2023 chg from 2020- 22 2023 vs 2020-22 2023/24 Avg chg from 2020/22 Residential - 5/8 line (88%) Low Consumption 250 38.50 4.94 43.44 42.05 6.49 48.54 5.08 11.7% 5.10 500 38.50 9.88 48.38 42.05 12.97 55.02 6.48 13.4% 6.64 750 38.50 14.82 53.32 42.05 19.46 61.51 7.88 14.8% 8.19 Medium Consumption 1150 38.50 23.51 62.01 42.05 30.86 72.91 10.34 16.7% 10.90 High Consumption 7500 38.50 1,193.23 1,231.73 42.05 1,253.60 1,295.65 58.40 4.7% 63.92 2020-2022 2023/2024 Average October 18, 2022 F - 6 Water Rates – Staff Recommendation – Rate Stabilization and Increased Capacity Municipal 2020-22 2023-24 Difference Percent 5/8"16 40.01 43.41 3.40 8.50% 3/4"3 40.01 43.41 3.40 8.50% 1"9 69.53 74.48 4.95 7.12% 1.5"1 118.76 126.25 7.49 6.31% 2"9 177.82 188.38 10.56 5.94% 3"2 335.33 354.05 18.72 5.58% 4"1 512.53 540.43 27.90 5.44% All 1,398,973 0.01942 0.02479 0.00537 27.63% Federal Non Taxable 2020-22 2023-24 Difference Percent 5/8"38.95 42.19 3.24 8.32% 3/4"38.95 42.19 3.24 8.32% 1"67.70 72.37 4.67 6.90% 1.5"115.62 122.68 7.06 6.11% 2"173.12 183.05 9.93 5.74% 3"326.46 344.04 17.58 5.39% 4"498.97 525.15 26.18 5.25% All 0.01891 0.02409 0.00518 27.39% Irrigation 2020-22 2023-24 Difference Percent 5/8"31 35.26 37.08 1.82 5.16% 3/4"7 35.26 37.08 1.82 5.16% 1"20 64.80 68.15 3.35 5.17% 1.5"8 114.02 119.92 5.90 5.17% 2"18 173.09 182.05 8.96 5.18% 3"3 330.59 347.72 17.13 5.18% 4"2 507.78 534.10 26.32 5.18% All 5,757,331 0.019423 0.02479 0.005367 27.63% Base Usage Base Usage Base Usage Residential 2020-22 2023-24 Difference Percent Billing Volumes 5/8"6,252 38.50 40.86 2.36 6.13% 25% Discount 125 28.88 30.64 1.76 6.09% 35% Discount 350 25.03 26.56 1.53 6.11% 3/4"310 38.50 40.86 2.36 6.13% 1"42 38.50 40.86 2.36 6.13% 1.5"4 38.50 40.86 2.36 6.13% Block 1 (0-1,000 cf)39,641,971 0.01976 0.02521 0.005450 27.58% Block 2 (1,001-1,500 cf)1,939,373 0.02498 0.03186 0.006880 27.54% Block 3 (1,501+)1,192,049 0.03012 0.03841 0.008290 27.52% 25% Discount 809,121 0.01522 0.01941 35% Discount 2,265,540 0.01319 0.01682 Total PUD 2020-22 2023-24 Difference Percent Gales 7,614,875 0.02681 0.03342 0.006610 24.65% Baker Street 7,272,465 0.02560 0.03192 0.006320 24.69% Commercial 2020-22 2023-24 Difference Percent 5/8"550 41.91 45.46 3.55 8.47% 3/4"101 41.91 45.46 3.55 8.47% 1"147 72.84 77.99 5.15 7.07% 1.5"85 124.40 132.21 7.81 6.28% 2"90 186.27 197.27 11.00 5.91% 3"26 351.26 370.76 19.50 5.55% 4"11 536.88 565.94 29.06 5.41% 6"8 1,052.47 1,108.09 55.62 5.28% 8"2 1,671.18 1,758.68 87.50 5.24% All 28,470,734 0.02035 0.02596 0.00561 27.57% Usage Usage Base WATER UTILITY - With an Increase in Capacity & Rate Stabilization One Residential Rate-w disc Base October 18, 2022 F - 7 Wastewater – 2023 Budget Consumption rate Base/Tiered Rate Consumption Charges Total Monthly Charges Base/Tiered Rate Consumption Charges Total Monthly Charges 2023 chg from 2020- 22 2023 vs 2020-22 2023/24 Avg chg from 2020/22 Residential - 5/8 line (88%) Low Consumption 250 38.50 4.94 43.44 40.86 6.30 47.16 3.70 8.5% 3.72 500 38.50 9.88 48.38 40.86 12.60 53.46 4.92 10.2% 5.08 750 38.50 14.82 53.32 40.86 18.90 59.76 6.14 11.5% 6.44 Medium Consumption 1150 38.50 23.51 62.01 40.86 29.98 70.84 8.28 13.4% 8.84 High Consumption 7500 38.50 1,193.23 1,231.73 40.86 1,246.42 1,287.27 50.15 4.1% 55.54 2020-2022 2023/2024 Average Residential 2020-22 2023-24 Difference Percent Billing Volumes WW 6245 33.90 34.90 1.00 2.95% CSO 6245 13.92 13.92 - 0.00% Subtotal 47.82 48.82 1.00 2.09% 25% Discount 72 25.00 25.70 0.70 2.80% 25% Discount CSO 72 10.26 10.26 - 0.00% 35% Discount 264 21.67 22.27 0.60 2.77% 35% Discount CSO 264 8.89 8.89 - 0.00% Usage Regular 41,278,552 0.04243 0.04760 0.00517 12.18% 25% Discount 472,791 0.03183 0.03570 0.00387 12.16% 35% Discount 1,743,717 0.02759 0.03095 0.00336 12.18% CSO - 0.01543 0.01540 (0.00003) -0.19% 25% Discount 472,791 0.01137 0.01140 0.00003 0.26% 35% Discount 1,743,717 0.00985 0.00990 0.00005 0.51% Total (w/o Discount)0.06300 Commercial 2020-22 2023-24 Difference Percent Billing Volumes Base Commercial 969 73.72 76.49 2.77 3.76% CSO 969 13.68 13.68 - 0.00% Total 87.4 86.89 2.77 -0.58% Usage Commercial 25,729,678 0.04243 0.04760 0.0052 12.18% CSO 25,729,678 0.01516 0.01520 0.0000 0.26% Total 0.0576 0.06280 0.0052 9.05% Base WASTEWATER UTILITY Wgt'd Avg by pipe size All Classes have Usage rates October 18, 2022 F - 8 Municipal 2020-22 2023-24 Difference Percent Billing Volumes Base Municipal 23 86.85 89.70 2.85 3.28% CSO 23 13.68 13.68 - 0.00% Total 100.53 99.45 2.85 -1.07% Usage Municipal 610,659 0.04131 0.04605 0.0047 11.47% CSO 610,659 0.01516 0.01520 0.0000 0.26% Total 0.0565 0.06125 0.0048 8.46% Federal Non Taxable 2020-22 2023-24 Difference Percent Billing Volumes Base Federal Non Taxable 175.75 184.68 8.93 5.08% CSO 13.68 13.68 - 0.00% Total 189.43 99.45 8.93 -47.50% Usage Federal Non Taxable 0.03810 0.04305 0.0050 12.99% CSO 0.01398 0.01520 0.0012 8.73% Total 0.0521 0.05825 0.0062 11.85% Consumption rate Base/Tiered Rate Consumption Charges Total Monthly Charges Base/Tiered Rate Consumption Charges Total Monthly Charges avg vs 2020/22 2023 vs 2020/22 23/24 avg vs 20/22 Residential - 5/8 line (88%) Low Consumption 250 $47.26 14.47 61.73 $48.19 15.75 63.94 2.21 3%3.6% 500 $47.26 28.93 76.19 $48.19 31.50 79.69 3.50 4%4.6% 750 $47.26 43.40 90.66 $48.19 47.25 95.44 4.78 4%5.3% Medium Consumption 1150 $47.26 66.54 113.80 $48.19 72.45 120.64 6.84 5%6.0% High Consumption 7500 $47.26 433.95 481.21 $48.19 472.50 520.69 39.48 7%8.2% 2020-2022 2023/2024 avg October 18, 2022 F - 9 Wastewater Rates – Increased Capacity – Staff Recommendation Municipal 2020-22 2023-24 Difference Percent Billing Volumes Base Municipal 23 86.85 91.76 4.91 5.65% CSO 23 13.68 13.68 - 0.00% Total 100.53 99.45 4.91 -1.07% Usage Municipal 610,659 0.04131 0.04750 0.0062 14.98% CSO 610,659 0.01516 0.01520 0.0000 0.26% Total 0.0565 0.06270 0.0062 11.03% Federal Non Taxable 2020-22 2023-24 Difference Percent Billing Volumes Base Federal Non Taxable 175.75 189.34 13.59 7.73% CSO 13.68 13.68 - 0.00% Total 189.43 99.45 13.59 -47.50% Usage Federal Non Taxable 0.03810 0.04455 0.0065 16.93% CSO 0.01398 0.01420 0.0002 1.57% Total 0.0521 0.05875 0.0067 12.81% Residential 2020-22 2023-24 Difference Percent Billing Volumes WW 6245 33.90 35.61 1.71 5.04% CSO 6245 13.92 13.92 - 0.00% Subtotal 47.82 49.53 1.71 3.58% 25% Discount 72 25.00 26.22 1.22 4.88% 25% Discount CSO 72 10.26 10.26 - 0.00% 35% Discount 264 21.67 22.72 1.05 4.85% 35% Discount CSO 264 8.89 8.89 - 0.00% Usage Regular 41,278,552 0.04243 0.04910 0.00667 15.72% 25% Discount 472,791 0.03183 0.03685 0.00502 15.77% 35% Discount 1,743,717 0.02759 0.03195 0.00436 15.80% CSO - 0.01543 0.01540 (0.00003) -0.19% 25% Discount 472,791 0.01137 0.01140 0.00003 0.26% 35% Discount 1,743,717 0.00985 0.00990 0.00005 0.51% Total (w/o Discount)0.06450 Commercial 2020-22 2023-24 Difference Percent Billing Volumes Base Commercial 969 73.72 78.21 4.49 6.09% CSO 969 13.68 13.68 - 0.00% Total 87.4 86.89 4.49 -0.58% Usage Commercial 25,729,678 0.04243 0.04910 0.0067 15.72% CSO 25,729,678 0.01516 0.01520 0.0000 0.26% Total 0.0576 0.06430 0.0067 11.65% WASTEWATER UTILITY - Increased Capacity Wgt'd Avg by pipe size All Classes have Usage rates Base October 18, 2022 F - 10 Medic 1 Rates – 2023 Budget Medic 1 Rates with Rate Stabilization – Staff Recommendation Consumption rate Base/Tiered Rate Consumption Charges Total Monthly Charges Base/Tiered Rate Consumption Charges Total Monthly Charges avg vs 2020/22 2023 vs 2020/22 23/24 avg vs 20/22 Residential - 5/8 line (88%) Low Consumption 250 $47.26 14.47 61.73 $48.88 16.13 65.00 3.28 4%5.3% 500 $47.26 28.93 76.19 $48.88 32.25 81.13 4.94 5%6.5% 750 $47.26 43.40 90.66 $48.88 48.38 97.25 6.60 6%7.3% Medium Consumption 1150 $47.26 66.54 113.80 $48.88 74.18 123.05 9.25 7%8.1% High Consumption 7500 $47.26 433.95 481.21 $48.88 483.75 532.63 51.42 9%10.7% 2020-2022 2023/2024 avg w addl capacity 2019 2020-2022 2023-2025 2023 2024 2025 Difference Percent 106.08 111.48 156.86 45.38 40.7% 21,850.56 29,782.26 53,121.52 40,545.95 51,290.35 67,528.27 23,339.26 78.4% 2,395.08 3,329.46 5,927.69 4,669.94 5,776.71 7,336.41 2,598.23 78.0% 435.95 504.00 697.68 193.68 38.4% 2,839.56 2,871.48 4,645.56 1,774.08 61.8% 7,442.88 7,463.04 11,881.92 4,418.88 59.2% 117.48 117.53 158.69 41.16 35.0% 13,929.96 15,985.20 23,125.08 7,139.88 44.7% 48,489.84 58,850.13 99,510.48 40,660.35 69.1% Schools Commercial/Business Apartments/Housing Authority City/Public Areas/Municipal MEDIC 1 UTILITY Cost per year Residential Assisted Living 24 Hour Nursing Group Homes Jail Facilities 2019 2020-2022 2023-2025 2023 2024 2025 Difference Percent 106.08 111.48 148.45 36.97 33.2% 21,850.56 29,782.26 51,243.79 40,211.77 49,862.90 63,656.69 21,461.53 72.1% 2,395.08 3,329.46 5,725.65 4,627.31 5,617.56 6,932.07 2,396.19 72.0% 435.95 504.00 678.24 174.24 34.6% 2,839.56 2,871.48 4,390.80 1,519.32 52.9% 7,442.88 7,463.04 11,241.60 3,778.56 50.6% 117.48 117.53 150.16 32.63 27.8% 13,929.96 15,985.20 22,139.04 6,153.84 38.5% 48,489.84 58,850.13 94,038.16 35,188.03 59.8% Jail Facilities Schools Commercial/Business Apartments/Housing Authority City/Public Areas/Municipal MEDIC 1 UTILITY Cost per year - With Rate Stabilization Residential Assisted Living 24 Hour Nursing Group Homes October 18, 2022 F - 11 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending sections of Chapter 13.65 relating to wastewater service rates. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3636, 3649 and 3671 as amended, and sections of Chapter 13.65 of the Port Angeles Municipal Code relating to wastewater service rates are hereby amended by amending Chapter 13.65 as follows: 13.65.005 Wastewater rate 13.65.006 Rate class assignment 13.65.010 Single residential unit monthly rate 13.65.020 Commercial and industrial rate 13.65.025 Municipal and federal rates 13.65.030 Commercial and industrial equivalent plumbing fixture rate 13.65.035 Reserved 13.65.040 Rate for customers outside City limits 13.65.010 - Single residential unit monthly rate. A. Each residential unit and each living unit connected to the City wastewater collection, treatment and disposal system shall be charged a monthly customer charge during months in which water is consumed, except when exempt by 13.61.090 PAMC. This section shall not apply to a residential connection to the City water system for agricultural and irrigation purposes in accordance with 13.44.050 PAMC. B. The monthly rate is based upon the size of the meter as specified below, for non-discounted residential users and shall be: Effective Date January 1, 2020 2023 Base Rate CSO Rate Total with 5/8-inch meter $33.34 34.96 13.92 $47.26 48.88 October 18, 2022 F - 12 2 with ¾-inch meter $41.76 43.98 13.92 $55.68 57.90 With 1-incl meter $58.60 62.02 13.92 $72.52 75.94 with 1 1.2-inch meter $100.71 107.12 13.92 $114.63 121.04 C. The monthly residential rate for those qualifying for discounts per section 13.20 PAMC, for all meter sizes, shall be: Effective Date January 1, 2020 2023 Base Rate CSO Rate Total 25% Discount $25.00 26.22 $10.26 $35.26 36.48 35% Discount $21.67 22.72 $8.89 $30.56 31.61 D. Metered consumption for all residential customers shall be based on the water consumption and shall be per each 100 cubic foot, regardless of meter size: Effective date January 1, 2020 2023 Wastewater usage CSO usage Total usage Residential non discount $4.243 4.910 $1.543 1.540 $5.786 6.450 Residential 25% discount $3.183 3.685 $1.137 1.140 $4.320 4.825 Residential 35% discount $2.759 3.195 $0.985 0.990 $3.744 4.185 13.65.020 - Commercial and industrial rate. Each commercial and industrial wastewater customer connected to the City wastewater collection, treatment, and disposal system, including commercial and industrial wastewater customers in the unincorporated EUGA, except when exempt by 13.61.090 PAMC, shall be charged a monthly rate, based on the size of the meter as specified below, of: Effective Date January 1, 2020 2023 Base Rate CSO Rate Total with 5/8-inch meter $33.34 34.96 $13.68 $47.02 48.64 October 18, 2022 F - 13 3 with 3/4-inch meter $ 41.76 43.98 $13.68 $55.44 57.66 with 1-inch meter $58.61 62.02 $13.68 $72.29 75.70 with 1 1/2 – inch meter $100.72 107.13 $13.68 $114.40 120.81 with 2-inch meter $151.25 161.25 $13.68 $164.93 174.93 with 3-inch meter $286.01 305.59 $13.68 $299.69 319.26 with 4-inch meter $437.61 467.96 $13.68 $451.29 481.64 with 6-inch meter $858.72 919.00 $13.68 $872.40 932.68 with 8-inch meter $1,364.06 1,460.25 $13.68 $1,377.74 1,473.93 Metered consumption for all commercial and industrial customers shall be based on the water consumption and shall be per each 100 cubic foot, regardless of meter size: Effective Date January 1, 2020 2023 Base Rate CSO Rate Total Consumption Rate per 100 cubic feet $ 4.243 4.910 1.516 1.520 $5.759 6.430 13.65.025 Municipal and Federal rates. Each municipal wastewater customer connected to the City wastewater collection, treatment, and disposal system, including municipal wastewater customers in the unincorporated EUGA, except when exempt by 13.61.090 PAMC, shall be charged: Effective Date January 1, 2020 2023 Base Rate CSO Rate Total with 5/8-inch meter $32.46 33.84 $13.68 $46.14 47.52 with 3/4-inch meter $ 40.65 42.57 $13.68 $54.33 56.25 with 1-inch meter $57.05 60.03 $13.68 $70.73 73.71 with 1 1/2 – inch meter $98.05 103.69 $13.68 $111.73 117.36 with 2-inch meter $147.24 156.07 $13.68 $160.92 169.75 with 3-inch meter $278.43 295.77 $13.68 $292.11 309.45 with 4-inch meter $426.02 452.93 $13.68 $439.70 466.61 October 18, 2022 F - 14 4 Metered consumption for all municipal customers shall be based on the water consumption and shall be per each 100 cubic foot, regardless of meter size: Effective Date January 1, 2020 2023 Base Rate CSO Rate Total Consumption Rate per 100 cubic feet $ 4.131 4.750 1.516 1.520 $5.647 6.270 Each Non-taxable federal wastewater customer connected to the City wastewater collection, treatment, and disposal system, including non-taxable federal wastewater customers in the unincorporated EUGA, except when exempt by 13.61.090 PAMC, shall be charged: Effective Date—January 1, 2020 2023 Base Rate CSO Rate Total With 5/8-inch meter $29.94 31.69 $13.00 $42.94 44.69 With 3/4-inch meter $37.50 39.87 $13.00 $50.50 52.87 With 1-inch meter $52.63 56.22 $13.00 $65.63 69.22 With 1-1/2-inch meter $90.44 97.11 $13.00 $103.44 110.11 With 2-inch meter $135.82 146.17 $13.00 $148.82 159.17 With 3-inch meter $256.82 277.00 $13.00 $269.82 290.00 With 4-inch meter $392.96 424.19 $13.00 $405.96 437.19 With 6-inch meter $771.10 833.04 $13.00 $784.10 846.04 With 8-inch meter $1,224.87 1,323.66 $13.00 $1,237.87 1,336.66 Metered consumption for all non-taxable federal customers shall be based on the water consumption and shall be per each 100 cubic foot, regardless of meter size: Effective Date January 1, 2020 2023 October 18, 2022 F - 15 5 Base Rate CSO Rate Total Consumption Rate per 100 cubic feet $ 3.810 4.455 1.398 1.420 $5.208 5.875 This section shall not apply to a commercial connection to the City water system for agricultural and irrigation purposes in accordance with 13.44.050 PAMC. 13.65.030 - Commercial and industrial equivalent plumbing fixture rate. This section applies only to customers whose application to be charged as provided in this section was granted on or before December 31, 2019. From and after January 1, 2020, no utility customer shall be eligible to apply for the option provided by this section. A commercial and industrial wastewater customer, at its option, may apply in writing to the Department of Public Works and Utilities to have their wastewater charges calculated at: Effective Date January 1, 2020 2023 Charge per fixture Taxable Rate Non-Taxable Rate Charge per fixture $7.38 8.25 $6.79 7.60 CSO $2.33 2.61 $2.22 2.48 Total Rate per fixture $9.71 10.87 $9.01 10.08 The total number of equivalent plumbing fixtures shall be calculated, based upon the following table, which is hereby adopted from the United States of America Standards Institute National Plumbing Code, USASI, A40.8-1955: EQUIVALENT PLUMBING FIXTURE UNITS FIXTURE TYPE EQUIVALENT PLUMBING FIXTURE UNITS One bathroom group consisting of tank-operated water closet, lavatory, and bathtub or shower stall 6 October 18, 2022 F - 16 6 Bathtub (with or without overhead shower) 2 Bidet 3 Combination sink-and-tray 3 Combination sink-and-tray with food-disposal unit 4 Dental unit or cuspidor 1 Dental lavatory 1 Drinking fountain 1/2 Dishwasher, domestic 2 Floor drains 1 Kitchen sink, domestic 2 Kitchen sink, domestic, with food waste grinder 3 Lavatory 1 Lavatory 2 Lavatory, barber, beauty parlor 2 Lavatory, surgeon's 2 Laundry tray (1 or 2 compartments) 2 Shower stall, domestic 2 Showers (group) per head 3 Sinks: Surgeon's 3 Flushing rim (with valve) 8 Service (trap standard) 3 Service (P trap) 2 Pot, scullery, etc. 4 Urinal, pedestal, syphon jet, blowout 8 Urinal, wall lip 4 Urinal stall, washout 4 Urinal trough (each 2-ft. section) 2 Wash sink (circular or multiple) each set of faucets 2 Water closet, tank-operated 4 Water closet, valve-operated 8 October 18, 2022 F - 17 7 In addition to the above units, the following fixture types shall be assigned equivalent plumbing fixture units as follows: FIXTURE TYPE EQUIVALENT PLUMBING FIXTURE UNITS 400-lb. commercial washer 89.6 200-lb. commercial washer 44.8 50-lb. commercial washer 11.2 35-lb. commercial washer 7.8 25-lb. commercial washer 5.6 18 lbs. and under commercial washer 4.0 . . . . Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ____ day of October, 2022. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: October 18, 2022 F - 18 8 _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk October 18, 2022 F - 19 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending sections of Chapter 13.44 of the Port Angeles Municipal Code relating to water rates. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3632 and 3670 as amended, and Chapter 13.44 of the Port Angeles Municipal Code relating to water rates, are hereby amended by amending sections of Chapter 13.44 as follows: CHAPTER 13.44 - WATER RATES . . . . 13.44.010 - Monthly residential flat rate. The monthly residential flat rate for each service shall be $99.65 $105.25 for starting January 1, 2023. The flat rate shall be charged to each single-family residence served by a separate meter and to each residence served by a common meter. If requested by a customer served by a separate meter, the customer may be transferred to the metered rate specified in section 13.44.020, provided that first an amendment to any existing easement that specifies a flat rate is granted by the easement property owner and approved by the Public Works and Utilities Director. 13.44.020 - Monthly non-discounted residential metered rate—Within City. A. The following monthly customer charges are applicable to water service to single family residences within the corporate limits of the City of Port Angeles. For the purposes of this section, "single-family residences" are defined as structures designed for occupancy by a single family only, containing a complete kitchen unit. Structures which are not "single-family residences" include, but are not limited to, duplexes, fourplexes, apartments, and rooming houses. The base rate charge is specified below: Service Size Effective January 1, 2020 2023 with 5/8-inch meter $38.50 40.86 with 3/4-inch meter $38.50 40.86 October 18, 2022 F - 20 2 1-inch meter $38.50 40.86 1-1/2-inch meter $38.50 40.86 2-inch meter $38.50 40.86 B. Metered consumption for up to 1,000 cubic feet shall be 1.976 2.521 for 2020 2023 for each 100 cubic feet consumed. C. Additional consumption up to 1,500 cubic feet shall be 2.498 3.186 for 2020 2023 for each 100 cubic feet consumed. D. Additional consumption beyond 1,500 cubic feet shall be 3.012 3.841 for 2020 2023 for each 100 cubic feet consumed. E. The monthly residential rate for those qualifying for discounts per section 13.20 PAMC, regardless of meter sizes, shall be: Discount amount Effective January 1, 2020 2023 25% Discount $28.88 30.64 35% Discount $25.03 26.56 F. 25% Discount Metered consumption per cubic feet shall be 1.522 1.941 for 2020 2023 for each 100 cubic feet consumed. G. 35% Discount Metered consumption per cubic feet shall be 1.319 1.682 for 2020 2023 for each 100 cubic feet consumed. 13.44.025 - Commercial and all other monthly metered rates. A. The following monthly customer charges are applicable to the commercial customer classification of water services within the corporate limits of the City of Port Angeles. The customer charge is based upon size of the meter. The customer charges for commercial are as follows: Service Size Effective January 1, 2020 2023 with 5/8-inch meter $41.91 45.46 with 3/4-inch meter $41.91 45.46 1-inch meter $72.84 77.99 October 18, 2022 F - 21 3 1-1/2-inch meter $124.40 132.21 2-inch meter $186.27 197.27 3-inch meter $351.26 370.76 4-inch meter $536.88 565.94 6-inch meter $1,052.47 1,108.09 8-inch or 10-inch meter $1,671.18 1,758.68 B. Metered consumption charge for services described in subsection A above shall be $2.0350 2.596 for each 100 cubic feet consumed for 2020 2023. C. The following monthly customer charges are applicable to the municipal customer classification of water services within the corporate limits of the City of Port Angeles. The customer charge is based upon size of the meter. The customer charges for municipal are as follows: Service Size Effective January 1, 2020 2023 with 5/8-inch meter $40.01 43.41 with 3/4-inch meter $40.01 43.41 1-inch meter $69.53 74.48 1-1/2-inch meter $118.76 126.25 2-inch meter $177.82 188.38 3-inch meter $335.33 354.05 4-inch meter $512.53 540.43 D. Metered consumption charge for services described in subsection C above shall be 1.9423 2.479 for each 100 cubic feet consumed for 2020 2023. E. The following monthly customer charges are applicable to the non-taxable federal customer classification of water services within the corporate limits of the City of Port Angeles. The customer charge is based upon size of the meter. The customer charges for non-taxable federal are as follows: Service Size Effective January 1, 2020 2023 with 5/8-inch meter $38.95 42.19 with 3/4-inch meter $38.95 42.19 October 18, 2022 F - 22 4 1-inch meter $67.70 72.37 1-1/2-inch meter $115.62 122.68 2-inch meter $173.12 183.05 3-inch meter $326.46 344.04 4-inch meter $498.97 525.15 6-inch meter $978.16 1,028.24 8-inch meter $1,553.19 1,631.94 F. Metered consumption charge for services described in subsection E above shall be 1.891 2.409 for each 100 cubic feet consumed for 2020 2023. 13.44.030 - Industrial usage rate—Within City. A. For the purposes of this section, "industrial customers" are defined as customers whose average monthly potable water consumption is in excess of 350,000 cubic feet per month, where such average is computed by dividing total annual month period by 12; provided, that this rate shall not apply to public wholesale customers of the City, whose rate shall be established by contract as set forth in PAMC 13.44.060. B. Metered consumption shall be $1.853 2.364 for 2020 2023 for each 100 cubic feet consumed. 13.44.040 - Rate for user outside City limits. All water service furnished to a user outside the City limits shall be charged at the rate of 150 percent of the schedule for rates and charges as set forth herein or as amended. This section shall not apply to the resale rate and wholesale contract sales. 13.44.050 - Irrigation rate. The following monthly customer charges are applicable to agriculture and residential and commercial landscaping irrigation service within the corporate limits of the City of Port Angeles. For the purposes of this section, the irrigation rate is available for separately metered services used exclusively for agricultural and irrigation purposes. The charge is based upon size of the meter as specified below: Service Size Effective January 1, 2020 2023 with 5/8-inch meter $35.26 37.08 with 3/4-inch meter service $35.26 37.08 1-inch meter $64.80 68.15 1-1/2-inch meter $114.02 119.92 October 18, 2022 F - 23 5 2-inch meter $173.09 182.05 3-inch meter $330.59 347.72 4-inch meter $507.78 534.10 Metered consumption shall be $1.9423 2.479 for 2020 2023 for each 100 cubic feet consumed. 13.44.055 - Resale rate. In circumstances under which the Director determines pursuant to PAMC 13.32.020.F. that it is appropriate to allow a customer to furnish City water to a subsequent purchaser for the purpose of resale or transfer of the water outside of Port Angeles, the rates and conditions for such water shall be as follows: A. The regular monthly and usage metered rates for the water service at which the water is obtained shall continue to apply. B. A surcharge shall be paid for water consumption in excess of 100,000 gallons at the rate of $0.0052 0.00670 per gallon for 2020 2023. This surcharge reflects the commodity value of water for resale or transfer as well as the fact that such irregular purchases of City water are not required to pay service connection or latecomer system development charges as do other new customers of the water utility and the fact that single, large purchases of water can have a negative impact on the City's water utility and source of supply. C. Said surcharge may be used for special water utility purposes such as water system or water quality improvement projects. D. Any fees charged by the customer to the subsequent purchaser shall be subject to the approval of the Director. E. The purchaser shall be required to execute a hold harmless agreement, acknowledging that the City makes no representations as to the quality of the water and indemnifying the City and its officials and employees against any claims, lawsuits, or damages that may result directly or indirectly from the purchase of water from the City of Port Angeles. . . . . Section 2. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. October 18, 2022 F - 24 6 Section 3. - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4. - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ____day of October 2022. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk October 18, 2022 F - 25 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending sections of Chapter 13.73 of the Port Angeles Municipal Code relating to ambulance service and medic I rates. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3637 as amended, and Chapter 13.73 of the Port Angeles Municipal Code relating to ambulance service and medic I rates are hereby amended by amending sections of Chapter 13.73 as follows: CHAPTER 13.73 - AMBULANCE SERVICE AND MEDIC I PUBLIC UTILITY . . . . PART D 13.73.400. - Charges established. In accordance with the rate study presented to the City Council, effective January 1, 2020 2023 through December 31, 2022 2025 (except as noted below), the base rates and fees for the utility shall be as follows: User Classification Rate Residential $111.48 148.45 per year, per unit Assisted living facilities* $28,998.78 51,243.79 per year, per classification 24-Hour nursing facilities* $3,329.46 5,725.65 per year, per classification Group homes* $504.00 678.24 per year, per classification Jail facilities* $2,871.48 4,390.80 per year, per unit Schools* $7,463.04 11,241.60 per year, per classification Commercial/Business $117.53 150.16 per year, per unit October 18, 2022 F - 26 2 Apartments/Housing Authority $15,985.20 22,139.04 per year, per classification City public areas/Municipal $58,850.13 94,038.16 per year, per classification * Rates for individual facilities do not include allowable exemptions and vary based upon their percentage of use within that classification. For individual facility rates, with allowable exemptions, see Exhibit A. 13.73.410 – Medicaid adjustment. As provided in PAMC 13.73.300, the base rate established above shall be adjusted for persons who are Medicaid eligible and who reside in a nursing facility, boarding home, adult family home, or receive in-home services. The method and amount of such adjustments are shown on the attached Exhibit A, dated January 1, 2020 which supersedes and replaces any prior Exhibit A, is hereby adopted and approved. Exhibit A Starting January 1, 2020 2023 User Classification Facility Proposed Annual Fee 24-Hour Nursing Crestwood $ 2,811.82 4,627.31 Group Homes Serenity House $ 226.98 258.27 Clallam Hostelries $ 122.23 129.93 2nd Street House $ 125.99 134.50 Assisted Living Laurel Place $ 7,427.22 11,071.87 St. Andrews Place $ 3,936.94 5,133.65 Park View Villa $ 13,440.97 24,006.25 Schools Lincoln $ 154.63 177.38 Franklin $ 302.16 392.41 Hamilton $ 469.71 704.22 October 18, 2022 F - 27 3 Jefferson $ 543.49 811.75 Peninsula College $ 2,364.92 3,680.78 PAHS $ 1,880.17 2,748.91 Queen of Angels $ 437.72 693.51 Stevens $ 1,310.09 1,985.51 Jail Facilities Adult and juvenile $ 2,871.48 4,390.80 * High demand user classifications that do not qualify for an exemption cannot have a per-unit fee less than that of the commercial/business classification. Apartment Address Annual Fee Tempest 112 North Albert $ 954.52 1,279.04 Gerald Austin Apartments 1305 East 1st $ 1,730.32 2,488.12 Bayview Apartments 306 West 1st $ 855.28 1,182.47 8th Street Apartments 615 West 8th $ 626.22 840.48 Morning Glory 529 East 1st $ 614.50 859.73 Rozelle 212 West 3rd $ 723.53 964.41 Jean Tyson 405 East Front $ 277.37 371.21 Uptown 120 South Laurel $ 446.19 588.24 Housing Authority 1 323 East 2nd $ 4,826.02 6,681.03 Housing Authority 2 401 East 5th $ 2,759.93 3,818.12 Maloney Heights 2311 West 8th $ 2,151.67 2,867.04 October 18, 2022 F - 28 4 2021 2024 User Classification Facility Proposed Annual Fee 24-Hour Nursing Crestwood $ 3,301.08 5,617.56 Assisted Living Laurel Place $ 8,389.04 13,330.54 St. Andrews Place $ 4,247.96 5,926.80 Park View Villa $ 16,135.88 30,605.56 2022 2025 User Classification Facility Proposed Annual Fee 24-Hour Nursing Crestwood $ 3,875.47 6,932.07 Assisted Living Laurel Place $9,471.23 16,516.55 St. Andrews Place $4,585.67 7,049.92 Park View Villa $19,361.44 40,090.22 . . . . Section 2. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. October 18, 2022 F - 29 5 Section 3. - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4. - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ____ day of October, 2022. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk October 18, 2022 F - 30 Date: October 18, 2022 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Public Hearing on the 2023 Budget Revenue Sources Background / Analysis: In accordance with State law, the 2023 City Manager Recommended Budget was filed with the City Clerk on October 7, 2022. In addition, a work session on the 2023 City Manager Recommended Budget will be held on October 25th, during which the City Manager, Finance Director, Budget Officer and City Staff will review proposed revenues and expenditures for the City. To help guide the City in the preparation of the 2023 City Manager Recommended Budget, staff worked on continuing alignment with City priorities. Council has provided clear direction to staff through strategic planning and adopted policies. Some of these focus areas include analyzing current revenues as well as the possibility of new revenue sources that are affordable to our citizens. The 2023 Budget was built on a conservative approach to accommodate City policies as well as the uncertainty of potential negative economic trends. Review of the City’s tax revenue sources, as well as the City’s other revenue sources, indicated that the near- term revenue outlook for the City has returned to pre-pandemic levels and in some areas exceeded historical trends, however the overall and long-term financial impacts remain largely unknown. All City revenues will be discussed in the revenue sources presentation. Staff is requesting that Council conduct the Public Hearing on the 2023 Revenue Sources to allow for community input on the revenue sources in the 2023 proposed budget. No further action is required. Funding Overview: This presentation will provide Council and the public with detailed information proposed for the 2023 City Manager Recommended Budget. Summary: State law (RCW 84.55.120) requires that the City hold a public hearing to gain public input on revenue sources for the next fiscal year (2023) budget. The presentation to Council includes all revenue sources, including property tax, for the City’s General Fund, as well as providing information regarding revenue sources for all other funds within the 2023 City Manager Recommended Budget. The 2023 City Manager Recommended Budget will be presented to Council at a Worksession on October 25th. The budget is available for examination on the City’ s website or upon request at the City Manager’s Office. Funding: This presentation will provide Council and the public with detailed revenue information proposed for the 2023 City Manager Recommended Budget. No expenditures are associated with the Public Hearing. Recommendation: It is recommended tonight that the City Council should: 1.Open the Public Hearing on 2023 Revenue Sources. 2.Close the Public Hearing. October 18, 2022 F - 31 2023 REVENUE SOURCES PUBLIC HEARING October 18, 2022 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 2AGENDA Introduction Overview of the 2023 Citywide Revenue Revenue Projections by Fund General Fund Special Revenue Utility Funds Capital and Other Funds 2023 Budget Schedule Public Hearing and Council Discussion INTRODUCTION 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 3INTRODUCTION INTRODUCTIONThe Preliminary Budget must be presented by the 31st of October (RCW 35.33.055). The preliminary Budget has been available on the City’s website since October 7th. The revenue sources presentation and public hearing are a State requirement per RCW 84.55.120. Must hold a public hearing on revenue sources for the coming year’s budget. Must include consideration of property tax increases. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 4INTRODUCTION INTRODUCTIONRevenues within each fund must be used for the purposes the revenue was collected. Exception is property tax,utility tax, general sales tax collection and other miscellaneous tax collection (gambling, parking,some State shared revenue)can be used for any purpose . The General Fund is the only fund that can subsidize another fund. No other funds can pay for services that are not specifically related to each funds purpose .Example: Electric fund cannot pay for Water services. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 5INTRODUCTION INTRODUCTIONA conservative approach was taken when estimating all revenue in accordance with City Financial Policies. Revenue trends currently indicate that collection has returned to historical pre -pandemic levels,and in some instances exceeded expectations for this time of the year. Due to present economic indicators,such as high inflation,a cautious approach was followed. The use of reserves is not considered a revenue source .However, there are many funds that have a planned use of reserves for capital and one-time needs. ALL CITY FUNDS 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 6 Total revenue for all City funds. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 7ALL FUNDS -REVENUE ALL CITY FUNDS$$% Taxes $16,209,994 $16,650,475 $18,907,074 $16,461,200 $17,572,700 1,111,500 6.75% Licenses & Permits 909,553 618,859 609,047 801,200 832,100 30,900 3.86% Intergovt. Revenue 6,570,103 7,289,855 7,707,719 14,696,400 14,373,500 (322,900)-2.20% Charges for Goods & Svcs.65,895,164 65,874,640 71,950,423 69,714,900 75,428,100 5,713,200 8.20% Fines & Penalties 1,779 1,590 695 2,500 1,800 (700)-28.00% Miscellaneous Revenue 10,827,787 10,844,704 5,522,115 9,644,300 9,859,600 215,300 2.23% Capital Contributions 147,451 197,055 108,967 62,800 50,000 (12,800)-20.38% Non-Revenues - - - 25,200 25,200 100.00% Other Financing Sources 10,363,876 10,688,774 12,735,488 11,772,300 10,392,000 (1,380,300)-11.72% Reserves Used - - - 25,451,300 18,906,600 (6,544,700)-25.71% TOTAL REVENUE $110,925,707 $112,165,952 $117,541,528 $148,606,900 $147,441,600 (1,165,300)-0.78% Change from Prior Yr. $$$2,138,061 ($1,240,245)$5,375,576 $31,065,372 Change from Prior Year %1.89%-1.12%-4.57%32.49% 2023 PROPOSED BUDGET VARIANCE FROM 2022 BUDGET AMEND. #1 2019 ACTUAL 2020 ACTUAL REVENUE 2022 BUDGET AMEND. #2 2021 ACTUAL This table can be found on page 35 of the 2023 Preliminary Budget Document. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 8ALL FUNDS -REVENUE ALL CITY FUNDSTaxes 11.92%Licenses & Permits 0.56% Intergovt. Revenue 9.75%Charges for Goods & Svcs. 51.16% Fines & Penalties 0.001% Capital Contributions 0.03% Non-Revenues 0.02% Reserves Used 12.82% CITYWIDE REVENUES BY CATEGORY (TOTAL $147,441,600)37.51%9.53%9.97%16.40%3.54%3.46%0.41%10.22%0.94%1.50%0.46%6.07%Other Internal ChargesParks & RecreationEquipment Replacements ElectricWaterWastewaterSolid WasteStormwater CHARGES Conservation Medic OnePermits 29.79%22.47%27.22%1.82%2.11%0.48%2.89%4.30%3.51%5.41%Other UtilityPhoneTBDHousingLodgingREET I &II Criminal Justice TAXESPropertySales This table can be found on page 35 of the 2023 Preliminary Budget Document. GENERAL FUND 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 9 The General Fund is the main operating fund of the City. This fund accounts for all financial activities associated with the provision of traditional government. This fund is used to account for all resources not accounted for in another fund. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 10GENERAL FUND REVENUE GENERAL FUND$$% Taxes 13,842,615$ 14,009,132$ 15,179,927$ 13,958,200$ 14,861,100$ 902,900 6.47% Licenses & Permits 780,406 495,661 486,789 669,400 700,300 30,900 4.62% Intergovt. Revenue 894,962 2,312,499 1,932,181 1,014,900 1,431,600 416,700 41.06% Charges for Goods & Svcs.4,906,802 4,649,739 4,817,582 5,387,100 5,720,700 333,600 6.19% Fines & Penalties 1,779 1,590 695 2,500 1,800 (700) -28.00% Miscellaneous Revenue 444,117 176,628 67,490 190,500 198,800 8,300 4.36% Prop./Trust Income - - - - - - N/A Non-Revenues - - - - - - N/A Other Financing Sources 117,000 165,000 63,566 88,000 38,000 (50,000) -56.82% TOTAL REVENUE 20,987,681$ 21,810,249$ 22,548,230$ 21,310,600$ $22,952,300 1,641,700 7.70% Change from Prior Yr. $$443,940$ 822,568$ 737,981$ (1,237,630)$ Change from Prior Year %2.16%3.92%3.38%-5.49% 2021 ACTUAL 2022 BUDGET AMEND. #2 2023 PROPOSED BUDGET VARIANCE FROM 2022 BUDGET AMEND. #22019 ACTUAL REVENUE 2020 ACTUAL This table can be found on page 44 of the 2023 Preliminary Budget Document. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 11GENERAL FUND REVENUE GENERAL FUNDTaxes 64.75% Licenses & Permits 3.05% Charges for Goods & Svcs. 24.91 Fines & Penalties 0.01% Miscellaneous Revenue 0.87%Other Financing Sources 0.17% Property Tax 35.23% Utility Tax 32.19% Sales Tax 26.57% Other Tax 6.01% TAXES Allocations 89.6% Activity & Rental Fees 1.3% Planning Fees 5.42% Cemetery Services 2.36% Other 1.32% CHARGES FOR SERVICES This table can be found on page 44 of the 2023 Preliminary Budget Document. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 12 PROPERTY UTILITY SALES PHONE CRIMINAL JUSTICE OTHER TAX REVENUE GENERAL FUND35%32%27%2%3%1% $5,235,600 Includes a 1% increase; maximum allowable & Firemen’s Pension $4,762,100 Tax collected on services in each utility. $3,949,200 .84% of Sales tax collected Citywide & EUGA $319,600 6% tax on select phone services $370,100 .10% of Sales tax collected Citywide 64.7% ($14.9M) of General Fund Revenue $224,500 Leasehold Excise tax Gambling tax Comm. Parking 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 13GENERAL FUND GENERAL FUND 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 14GENERAL FUND GENERAL FUNDYEAR ELECTRIC UTILITY WATER UTILITY WASTEWATER UTILITY SOLID WASTE COLLECTIONS SOLID WASTE LANDFILL STORMWATER UTILITY 2023 Budget $1,672,600 $741,000 $1,042,500 $312,600 $772,400 $221,000 2022 Budget $1,513,800 $684,700 $974,500 $333,000 $758,000 $221,000 2021 $1,471,100 $680,600 $985,300 $325,600 $720,100 $208,800 2020 $1,442,939 $681,019 $963,805 $324,918 $728,012 $202,931 2019 $1,481,799 $715,435 $985,115 $338,077 $728,983 $186,767 2018 $1,465,656 $641,399 $966,956 $313,765 $684,060 $175,268 2017 $1,626,400 $628,600 $865,100 $250,100 $583,300 $159,600 % Change 2022 vs. 2021 10.49% 8.22% 6.98% -6.13% 1.90% 0.00% These tables can be found on pages 50 & 51 of the 2023 Preliminary Budget Document. UTILITY PERCENTAGE OF REVENUES Electric 6.00% Water 10.00% Wastewater 10.00% Solid Waste Collection 10.00% Solid Waste Transfer Station 8.00% Stormwater 8.00% 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 15GENERAL FUND GENERAL FUNDState, 6.5% City, 1.00% Clallam Transit Authority, 0.60% Criminal Justice Fund, 0.10% Emergency Communications, 0.10% Clallam County Mental Health, 0.10% Transportation Benefit District, 0.20% Juvenile & Family Services, 0.10% Affordable Housing, 0.10% * The City receives 0.84% of the 1.0%, the County receives 0.15% and 0.01% pays the State for administrative charges. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 16GENERAL FUND GENERAL FUND$1,183,631 $1,228,062 $1,297,549 $1,429,006 $1,659,564$1,809,960$756,217 $672,537 $397,280 $480,506 $466,809 $502,937$492,854$258,548 $558,222 $613,266 $607,448 $618,656 $462,008$636,726$247,827 $301,603 $295,167 $283,364 $230,556 $244,933$284,907$149,154 $120,119 $146,431 $135,545 $162,065 $133,830$358,312$58,579 $524,500 $444,049 $577,174 $590,512 $718,866$796,979$699,642 $155,343 $144,447 $138,829 $130,892 $151,184$169,626$79,520 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 2016 2017 2018 2019 2020 2021 2022 - YTD SALES TAX BY CATEGORY Retail Trade Construction Accommodation & Food Services Wholesale Trade Manufacturing Other Services Information 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 17 BUILDING AND PLANNING CABLE FRANCHISE POLICE PUBLIC WORKS BUSINESS LICENSES LICENSES AND PERMITS GENERAL FUND61%21%14%4%<1% $489,100 Building Permits $170,000 5% Franchise Fee $113,100 Radio Repeater License Concealed Carry Permits $32,700 Right-of-w ay permits Clear/Grade permits 3.5% ($807k) of General Fund Revenue $1,600 Licensing for select services; such as taxi cabs. 18 GRANTS LIQUOR EXCISE CRIMINAL JUSTICE CITY ASSIST OTHER INTERGOVERNMENTAL GENERAL FUND57%21%12%7%3% $821,800 REdisCOVERY Bullet Proof Ve sts Stonegarden $295,500 Liquor Tax and Board profits $166,600 High Crime Violent Crimes Special Programs $106,600 In lieu of Motor Vehicle excise tax. 6.2% ($1.4M) of General Fund Revenue $35,800 Fire Insurance Premiums ARPA Marijuana State Shared revenue is distributed on a per capita basis based on State revenue forecasts for the 2023 year. The amount for each state shared revenue differs depending on the revenue source. 2023 REVENUE SOURCES PUBLIC HEARING – OCTOBER 18, 2022 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 19 INTERFUND CHARGES PLAN CHECK FEES CEMETERY SERVICES RENTAL SERVICES PEG CHARGES OTHER CHARGES FOR SERVICES GENERAL FUND35%32%27%2%3%1% $5,128,300 General Fund charges for work performed $194,000 $135,000 All Cemetery sales and services $66,500 Rentals at City facilities; Vern Burton, Boat Ramp, Banner Rentals $32,800 Charges for Public Education and Government Access 25.0% ($5.7M) of General Fund Revenue $57,900 Zoning Services Fingerprinting Range User Fees Fire Services Memberships 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 20GENERAL FUND REVENUE GENERAL FUNDProperty Taxes 4,121,982 4,833,873 4,932,300 5,235,600 303,300 6.1%22.8% Sales Taxes 4,062,900 4,776,268 3,605,000 3,949,200 344,200 9.5%17.2% Electric Utility Tax 1,442,939 1,703,362 1,513,800 1,672,600 158,800 10.5%7.3% Water Utitlity Tax 681,019 692,562 684,700 741,000 56,300 8.2%3.2% Wastewater Utility Tax 963,805 978,083 974,500 1,042,500 68,000 7.0%4.5% Solid Waste Utility Tax - Colle 324,918 324,242 333,000 312,600 (20,400)-6.1%1.4% Solid Waste Utility Tax - T.S. 728,012 762,785 758,000 772,400 14,400 1.9%3.4% Stormwater Utility Tax 202,931 211,947 221,000 221,000 - 0.0%1.0% Telephone Tax 335,217 256,133 351,400 319,600 (31,800)-9.0%1.4% Criminal Justice Sales Tax 355,873 435,711 356,600 370,100 13,500 3.8%1.6% Leasehold Excise Tax 153,953 154,404 155,700 155,700 - 0.0%0.7% Liquor-Excise Tax + Profit 287,500 296,822 285,100 293,100 8,000 2.8%1.3% Building Permits 191,983 427,664 491,000 692,800 201,800 41.1%3.0% Cable TV Franchise Fee 207,234 118,917 170,000 170,000 - 0.0%0.7% Grants 1,745,590 1,251,211 331,800 821,800 490,000 147.7%3.6% Allocations 4,328,135 4,363,871 4,872,000 5,128,300 256,300 5.3%22.3% Rental & Cemetery Services 205,716 205,690 158,500 236,500 78,000 49.2%1.0% All Other Gen. Fund Taxes 1,470,542 754,685 915,800 817,500 (98,300)-10.7%3.6% Total Revenue 21,810,249 22,548,230 21,110,200 22,952,300 1,842,100 8.7%100% 2023 PRELIM. BUDGET % of 2023 REVENUE BUDGET VARIANCE FROM 2022 AMENDMENT #2 REVENUE DESCRIPTION 2022 BUDGET AMEND. #2 2020 ACTUAL 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 21GENERAL FUND REVENUE GENERAL FUNDTotal Revenues = $22,952,300 SPECIAL REVENUE FUNDS 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 22 Special Revenue funds account for and report the proceeds of specific resources that are committed for specific purposes other than debt service or capital projects. Lodging Tax Street REET I & II PenCom Housing Fund Code Compliance 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 23LODGING TAX SPECIAL REVENUEHotel/Motel Tax 500,609 1,009,841 698,200 755,200 57,000 8.2% Investment Earnings 6,630 (3,034)3,200 8,900 5,700 178.1% Total Lodging Tax Revenue 507,239 1,006,807 701,400 764,100 62,700 8.9% 2023 PRELIM. BUDGET 2022 BUDGET AMEND. #2 VARIANCE FROM 2022 AMENDMENT #2 LODGING TAX FUND #101 2020 ACTUAL 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 24STREET DEPARTMENT SPECIAL REVENUEMotor Vehicle Fuel Tax 328,590 359,395 363,400 367,600 4,200 1.2% Investment Earnings 9,157 (5,226)6,800 8,900 2,100 30.9% Street Related Transfers 1,130,000 1,126,700 1,024,800 1,321,300 296,500 28.9% Long Term Leases 33,000 33,000 33,000 33,000 - 0.0% Interdepartmental Revenue 110,471 152,431 124,900 145,600 20,700 16.6% Other Revenue 60,152 54,499 56,100 52,200 (3,900) -7.0% Total Street Fund Revenue 1,671,370 1,720,799 1,609,000 1,928,600 319,600 19.9% 2022 BUDGET AMEND. #2 STREET FUND #102 2020 ACTUAL 2023 PRELIM. BUDGET VARIANCE FROM 2022 AMENDMENT #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 25REET I & II SPECIAL REVENUEREET-1 Tax 412,559 564,250 292,700 308,800 16,100 5.5% Investment Earnings 18,183 (8,533) 13,300 13,000 (300)-2.3% Total Lodging Tax Revenue 430,742 555,717 306,000 321,800 15,800 5.2% REET-2 Tax 412,559 564,250 292,700 308,800 16,100 5.5% Investment Earnings 16,540 (8,625) 14,900 11,300 (3,600)-24.2% Total Lodging Tax Revenue 429,099 555,625 307,600 320,100 12,500 4.1% VARIANCE FROM 2022 AMENDMENT #2 REAL ESTATE EXCISE TAX FUND #160 (REET- 2) REVENUE 2020 ACTUAL 2023 PRELIM. BUDGET 2022 BUDGET AMEND. #2 REAL ESTATE EXCISE TAX FUND #105 (REET- 1) REVENUE 2020 ACTUAL 2023 PRELIM. BUDGET VARIANCE FROM 2022 AMENDMENT #2 2022 BUDGET AMEND. #2 2021 ACTUAL 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 26PENCOM SPECIAL REVENUESales Tax - 1/10 of 1% 932,234 1,587,307 1,105,600 1,176,800 71,200 6.4% 9-1-1 Phone Tax 741,421 570,238 598,800 575,400 (23,400)-3.9% Capital Tax 221,657 - 1,550,000 1,050,000 (500,000)-32.3% State Grants 45,007 51,487 46,000 46,000 - NA User Fees 811,840 814,460 802,600 941,900 139,300 17.4% City User Fees 404,300 404,300 426,100 478,300 52,200 12.3% Other Pencom Revenue 35,598 93,701 15,400 45,800 30,400 197.4% Total PenCom Revenue 3,192,057 3,521,493 4,544,500 4,314,200 (230,300)-5.1% VARIANCE FROM 2022 AMENDMENT #2 PENCOM FUND #107 2020 ACTUAL 2023 PRELIM. BUDGET 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 27PENCOM SPECIAL REVENUE932,234 741,421 221,657 45,007 811,840 404,300 35,598 1,587,307 570,238 -51,487 814,460 404,300 93,701 1,105,600 598,800 1,550,000 46,000 802,600 426,100 15,400 1,176,800 575,400 1,050,000 46,000 941,900 478,300 45,800 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 Sales Tax - 1/10 of 1% 9-1-1 Phone Tax Capital Tax State Grants User Fees City User Fees Other Pencom Revenue 2020 ACTUAL 2021 ACTUAL 2022 BUDGET AMEND. #2 2023 PRELIM. BUDGET 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 28PORT ANGELES HOUSING FUND SPECIAL REVENUESales Tax - 0.10% 353,197 509,337 353,200 456,300 103,100 29.2% Sales Tax Credit 52,043 55,201 52,000 52,000 - 0.0% CDBG Grant Revenue 713,177 118,590 605,600 - (605,600)-100.0% CDBG Loan Repayments - - 23,500 23,500 - 0.0% Other Revenue 7,283 16,084 5,000 18,300 13,300 266.0% Total TBD Revenue 1,125,700 699,212 1,039,300 550,100 (489,200)-47.1% 2023 PRELIM. BUDGET VARIANCE FROM 2022 AMENDMENT #2 PORT ANGELES HOUSING FUND #172 Major Revenue Sources 2020 ACTUAL 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 29OTHER SPECIAL REVENUE FUNDS SPECIAL REVENUEBusiness Improvement Area Fund Assessment collected from downtown businesses $35,000 in revenues anticipated in 2023 Code Compliance Fund $200 in interest revenue in 2023 $261,700 transfer from the General Fund for the Code Enforcement program. ENTERPRISE FUNDS 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 30 Enterprise fund types account for activities for which a fee is charged to external users for goods or services. These fees cover the full cost to provide these services. Electric Water Wastewater Solid Waste Stormwater Medic 1 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 31ELECTRIC ENTERPRISE FUNDSResidential 11,424,964 11,412,461 11,425,000 11,700,000 275,000 2.4% Commercial Gen. Services 2,322,996 2,454,143 2,550,000 2,450,000 (100,000)-3.9% Commerical Demand 3,906,314 4,180,274 4,312,600 4,270,000 (42,600)-1.0% Industrial Primary Service 1,738,952 1,718,515 1,800,000 1,660,000 (140,000)-7.8% Industrial Transmission 1,827,274 6,450,282 3,000,000 6,500,000 3,500,000 116.7% Municipal Pumping 179,918 176,233 180,000 180,000 - 0.0% Street Lighting 100,055 99,956 100,000 100,000 - 0.0% City Accounts 559,930 556,112 560,000 560,000 - 0.0% Non-Profit 221,170 217,143 225,000 225,000 - 0.0% Judgement & Settlements 766 - - 5,000 5,000 N/A Electrical Permits 110,367 103,601 120,000 120,000 - 0.0% Pole Rentals 98,967 98,983 99,000 99,000 - 0.0% Investment Interest 416,546 (197,324) 225,000 161,600 (63,400)-28.2% Non-Taxable 397,728 450,963 445,000 450,000 5,000 1.1% Other Electric Revenue 906,457 502,918 348,700 395,600 46,900 13.4% Total Electric Revenue 24,212,404 28,224,260 25,390,300 28,876,200 3,485,900 13.7% ELECTRIC FUND #401 - Major Revenue Sources 2020 ACTUAL 2023 PRELIM. BUDGET VARIANCE FROM 2022 AMENDMENT #2 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 32ELECTRIC ENTERPRISE FUNDS$0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 Budget 2023 Proposed Residential Industrial Transmission Commercial Demand Commercial Gen. Service Industrial Primary Service City Accounts Non-Profit Municipal Pumping Street Lighting 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 33WATER ENTERPRISE FUNDSResidential Water 4,183,803 4,208,047 4,200,000 4,525,000 325,000 7.7% Commercial Water 1,545,960 1,587,878 1,582,600 1,775,000 192,400 12.2% Resale Water 256,788 265,411 265,400 300,000 34,600 13.0% Commerical Irrigation 126,245 146,566 124,200 146,000 21,800 17.6% Municipal Water 73,083 75,074 73,500 88,500 15,000 20.4% Municipal Irrigation 33,398 57,837 40,000 47,000 7,000 17.5% Residential Irrigation 1,713 2,988 1,800 2,100 300 16.7% System User Fees 72,320 158,200 97,200 97,200 - 0.0% NPS Settlement 2,500,000 - - - - NA Investment Interest 347,368 (173,405) 200,000 172,800 (27,200)-13.6% Non-Taxable 105,909 112,497 115,000 120,000 5,000 NA Other Water Revenue 137,376 131,663 147,400 173,700 26,300 17.8% Total Water Revenue 9,383,963 6,572,756 6,847,100 7,447,300 600,200 8.8% 2023 PRELIM. BUDGET VARIANCE FROM 2022 AMENDMENT #2 WATER FUND #402 - Major Revenue Sources 2020 ACTUAL 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 34WATER ENTERPRISE FUNDS$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 Residential Water Commercial Water Resale Water Commercial Irrigation Municipal Water Municipal Irrigation Residential Irrigation 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 35WASTEWATER ENTERPRISE FUNDSResidential Water 4,576,397 4,573,744 4,500,000 4,783,500 283,500 6.3% Commercial Water 1,691,380 1,763,074 1,725,000 1,972,500 247,500 14.3% Septic Waste Disposal 332,313 404,034 332,500 332,500 - 0.0% Commercial Lechate 128,520 119,225 123,100 123,100 - 0.0% Dept. of Ecology 88,112 74,415 94,100 90,800 (3,300)-3.5% Sewer Sys. Develop. Charges 60,089 134,880 75,000 75,000 - 0.0% Investment Interest 110,902 (55,750) 66,000 45,000 (21,000)-31.8% Non-Taxable 142,308 145,135 150,000 159,800 9,800 6.5% Other Wastewater Revenue 117,299 90,580 95,600 103,700 8,100 8.5% Total Wastewater Revenue 7,247,320 7,249,337 7,161,300 7,685,900 524,600 7.3% VARIANCE FROM 2022 AMENDMENT #2 WASTEWATER FUND #403 - Major Revenue Sources 2020 ACTUAL 2023 PRELIM. BUDGET 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 36WASTEWATER ENTERPRISE FUNDS$0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 Budget 2023 Budget Residential Wastewater Commercial Wastewater 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 37SOLID WASTE ENTERPRISE FUNDSTRANSFER STATION Solid Waste Self Haulers 2,129,213 2,164,282 2,050,000 2,050,000 - 0.0% Trans. Sta./Olympic Disposal 2,130,051 2,260,788 2,075,000 2,192,700 117,700 5.7% Commercial Haulers 682,048 741,203 750,000 725,000 (25,000)-3.3% Transfer Station - Sequim 848,488 911,356 900,000 900,000 - 0.0% PA Collections to Trans. Sta. 1,239,802 1,273,426 1,210,000 1,266,200 56,200 4.6% Biosolids Disposal-sewer 169,931 186,544 126,200 - (126,200)-100.0% Blue Mtn. Disposal 291,638 301,028 264,500 291,600 27,100 10.2% Other Trans. Sta. Revenue 347,782 356,961 292,800 298,600 5,800 2.0% Sub-Total Transfer Station 7,838,953 8,195,588 7,668,500 7,724,100 55,600 0.7% COLLECTIONS Residential-weekly 1,463,722 1,523,574 1,490,200 1,550,000 59,800 4.0% Commercial 1,250,136 1,296,905 1,260,600 1,260,600 - 0.0% Residential-biweekly 1,396,616 1,378,628 1,390,000 1,360,000 (30,000)-2.2% Residential Yard Waste 294,028 307,397 300,000 300,000 - 0.0% Investment Interest 179,613 (35,602) 40,000 71,000 31,000 77.5% Non-Taxable 95,045 113,163 113,200 113,200 - NA Other Collections Revenue 66,161 62,398 71,500 70,700 (800)-1.1% Sub-Total Collections 4,745,321 4,646,463 4,665,500 4,725,500 60,000 1.3% Total Solid Waste Revenue 12,584,274 12,842,051 12,334,000 12,449,600 115,600 0.9% SOLID WASTE FUND #404 - Major Revenue Sources 2020 ACTUAL 2023 PRELIM. BUDGET VARIANCE FROM 2022 AMENDMENT #2 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 38SOLID WASTE –TRANSFER STATION ENTERPRISE FUNDS0 2,000,000 4,000,000 6,000,000 8,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 BudgetSolid Waste Self Haulers Trans. Sta./Olympic Disposal Commercial Haulers Transfer Station-Sequim PA Collections to Trans. Sta.Blue Mtn. Disposal 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 39SOLID WASTE -COLLECTIONS ENTERPRISE FUNDS0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 5,000,000 2014 2015 2016 2017 2018 2019 2020 2021 2022 Budget Residential-weekly Commercial Residential- biweekly Residential Yard Waste 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 40STORMWATER ENTERPRISE FUNDSCharges for Goods & Services 2,468,653 2,491,512 2,666,000 2,651,500 (14,500)-0.5% Miscellaneous Revenue 82,118 8,989 117,000 116,900 (100)-0.1% Other Financing Sources 71,409 - - - - NA Total Stromwater Revenue 2,622,180 2,500,501 2,783,000 2,768,400 (14,600)-0.5% VARIANCE FROM 2022 AMENDMENT #2 STORMWATER #406 - Major Revenue Sources 2020 ACTUAL 2023 PRELIM. BUDGET 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 41MEDIC 1 ENTERPRISE FUNDSMedic 1 Fees 1,231,080 1,238,883 1,248,400 1,697,300 448,900 36.0% Amubulance Services 1,010,283 954,565 959,900 959,900 - 0.0% Medic 1 Write-Offs (78,228) (43,313) (80,000) (62,000) 18,000 -22.5% Recurring Transfers 673,800 355,500 265,500 265,500 - 0.0% GEMT 267,354 268,629 267,900 286,400 18,500 6.9% Paramedicene Grants - 474 305,000 364,100 59,100 19.4% Other Medic 1 Revenue 176,973 244,163 40,000 39,100 (900)-2.3% Total Medic 1 Revenue 3,281,262 3,018,901 3,006,700 3,550,300 543,600 18.1% MEDIC 1 FUND #409 - Major Revenue Sources 2020 ACTUAL 2023 PRELIM. BUDGET VARIANCE FROM 2022 AMENDMENT #2 2022 BUDGET AMEND. #2 2021 ACTUAL 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 42MEDIC 1 ENTERPRISE FUNDS0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 Medic 1 Fees Ambulance Services Recurring Transfers GEMT Community Paramedicene Grants 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 43OTHER UTILITY FUNDS ENTERPRISE FUNDSHarbor Clean-up Fund Revenue for Harbor Clean-up comes primarily from Insurance Reimbursements and grants. Conservation Fund Revenue in the Conservation consist of incentive funds from power purchased and increases or decreases based on estimated needs for power. CAPITAL FUNDS 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 44 Capital Funds are used to account for financial resources to be used for the acquisition or construction of capital facilities and projects. Revenues occur in the form of transfers from other funds and grants. Transportation Benefit District Governmental Utility 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 45TRANSPORTATION BENEFIT DISTRICT CAPITAL FUNDSSales Tax - 0.20% 910,375 1,024,268 814,200 830,500 16,300 2.0% Grants 359,064 1,329,808 4,755,500 4,936,500 181,000 N/A Transfers 450,000 1,668,922 628,500 1,193,200 564,700 89.8% Other Revenue 53,220 (25,102) 42,800 41,700 (1,100)-2.6% Total TBD Revenue 1,772,659 3,997,896 6,241,000 7,001,900 760,900 12.2% 2021 ACTUAL VARIANCE FROM 2022 AMENDMENT #2 TRANSPORTATION BENEFIT DISTRICT #312 2020 ACTUAL 2022 BUDGET AMEND. #2 2023 PRELIM. BUDGET 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 46OTHER CAPITAL FUNDS CAPITAL FUNDSGovernmental Capital Revenues include transfers from REET,Lodging Tax and the General Fund and in select years donations. Expected grant revenue in 2023 includes $2.5M for the Emergency Operations Center/911 Center project Utility Capital Funds Transfers from utility funds (as set by the COSA &the CFP) $316,100 in grant funding for the Decant Facility Solid Waste and Combined Sewer Overflow (CSO) surcharge for debt OTHER FUNDS 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 47 Fireman’s Pension Fund Cemetery Endowment Debt Service Funds Internal Service Funds (Equipment Services, IT and Self Insurance) 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 48OTHER FUNDS OTHER FUNDSFiremen’s Pension Fund Revenues include investment interest Cemetery Endowment Fund Interest revenue only from sales at Ocean View Cemetery prior to 1981. Cannot be used until cemetery is at full capacity. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 49OTHER FUNDS OTHER FUNDSDebt Service Funds Interest revenue on two governmental obligation bonds. Internal Service Funds Equipment Services &IT All revenues collected are through charges for services or allocations of staff time to other departments. Self Insurance Fund Revenues consist of the transfer of employee and the City’s portion of medical,dental and vision insurance as well as other employee benefits. 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 50CONCLUSION CONCLUSION2023 Property Tax Presentation, Public Hearing & First Reading of Ordinance and adoption of resolution Tentative Budget Work Session –if needed 2023 Property Tax 2nd Public Hearing & Adoption of Ordinance. 2023 Budget Presentation, Public Hearing & 1st Reading of Ordinance Continuation of the 2023 Budget Public Hearing, 2nd Reading of the Ordinance and Adoption NOV 1 NOV 8 NOV 15 DEC 6 2023 Preliminary Budget Work SessionOCT 25 2023 REVENUE SOURCES PUBLIC HEARING –OCTOBER 18, 2022 51CONCLUSION Staff requests Council open the Public Hearing on the 2023 Revenue Sources and close the Public Hearing. Questions and Discussion from Council CONCLUSION Date: October 18, 2022 To: City Council From: Nathan A. West, City Manager Subject: 2023 Legislative Priorities Background / Analysis: In 2022, City Council established legislative priorities which were utilized throughout the year to share with State and Federal legislators. In anticipation of the State legislative session beginning in January, staff is recommending that Council begin to discuss priorities for 2023. The State legislative session is a longer one this year with an opportunity to see priorities incorporated in the biannual State Budget. In light of this fact, staff recommends the following changes and approaches to the legislative priorities briefing paper: Staff recommends the following approaches to the legislative priorities briefing paper: • Continue to keep the number of primary asks to five or less • Maintain housing as the number one focal point of the City priorities • Continue to support AWC Priorities (attached to this memorandum) As an additional consideration this may be an opportune time to consider contracting with a lobbyist to ensure success in this legislative session. In a prior Council consideration on August 16th, City Council did unanimously authorize letters of support for Senate Bill 5841 and House Bill 1787 both of which enable police related funding alternatives. Council will note that police related priorities have been incorporated by the Association of Washington Cities (AWC). Staff has attached last year’s legislative briefing paper and the 2023 AWC Legislative Priorities. Based on Council feedback, staff will draft a 2023 Legislative Priorities one-page paper to be presented to Council in January. Funding Overview: Funding N/A Summary: In anticipation of the upcoming State legislative session in January, staff recommends Council hold an early discussion as an opportunity to share thoughts on legislative priorities for 2023. Funding: N/A Recommendation: Discuss State legislative priorities and provide direction to staff on changes for 2023. October 18, 2022 I - 1 Action is the foundational key to all success. -Pablo Picasso 2 DESTINATION The downtown district is a desirable place for locals and visitors. It is recognized as a special and unique location that is visited frequently for a variety of happenings. The district is not a lone destination, but rather a priority visit in the context of a regional experience and lifestyle. DISTINGUISHED The downtown district delivers a cohesive encounter with all visitors. The experience is unequaled by an integration of offerings and amenities which are complimented by the natural setting. A visitor friendly environment enables extended stays to participate in multiple linked activities. PREFERRED FUTURE Primary Issues and Opportunities Issues •Curb Appeal •Feeling of Safety and Security •Length of Stay •Storefront Vacancies •Stakeholders Commitment •Organization Sustainability •Identification of business and attraction gaps •Livability Opportunities •Unique Location •Vistas/Views •Linkages to the Regional Experience •Events and Happenings •District Designation •Anchors and Infrastructure •Volunteer Base •Pedestrian Traffic •Moment in Time 3 4 Authentic Promotion Sustainable Model Welcoming Design Economic Vitality 5 Steering Committee Sustainable Model Team Authentic Promotion Team Economic Vitality Team Welcoming Design Team Admin Support Implementation Strategy Leadership Team Structure 6 Steering Committee Membership Executive Committee (1)Chairperson (2)Vice –Chairperson (4) Strategy Committee Chairpersons Strategy Steering Committee Role Provide leadership and progress assessment for the ElevatePA Strategic Plan. Strategy Implementation Teams Role Empowered to plan and implement their strategic component of the plan, through the Steering Committee. Administrative Support Role Staffing and coordination support for the Steering Committee and Strategy Teams (1) Retail (1) Food/Beverage (1)Residential/Real Estate (1) Hotelier (1) Port Angeles Farmers Market (1) Blackball Ferry Line (1) Peninsula College (1) Lower Elwha Tribe (1) Signature Event (2)Property owners (2) At-Large Community Members (1) Field Arts and Event Hall, Executive Director (1) Juan de Fuca Foundation, Executive Director (1) Port Angeles City Manager (1) Port of Port Angeles, Executive Director (1) Clallam Transit, General Manager (1) Port Angeles Chamber of Commerce (1) Craft3 Implementation 7 In 2022, the Port Angeles downtown business district will have established distinct authentic title. By 2026, the title will have evolved to a “brand” that is delivered through ten (10) signature events, packaged visitor experiences and a safe and secure environment that attracts visitors for over two hours. Authentic Promotion 8 ElevatePA Strategic Action Plan Roadmap -Authentic Promotion 2022 2023 2024 2025 2026 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Goal #1: AUTHENTIC PROMOTION –In 2022, the Port Angeles downtown business district will have established a distinct, authentic title. By 2026, the title will have evolved to a “brand” that is delivered through at least ten (10) signature events, packaged visitor experiences, and a safe a nd secure environment that attracts visitors for over two hours. Strategy 1A –Beginning in 2022 the business district will have a distinguished brand identity that is exclusive to the region a nd delivered to every guest.2022 2023 2024 2025 2026 Action Plan 1A-1: By the end of 2022, the Authentic Promotion Team will develop and establish a “district brand” including identity, image, positioning, personality, experience, and communications. This project will include a title for the leadership/organization. Action Plan 1A-2: Following the completion of Action Plan 1A-1, a Web presence and social media page will be established with clear objectives to promote and communicate the “district brand”. Action Plan 1A-3: Upon the establishment of the communication platforms, a priority focus will be on developing, producing, and supporting happenings that reinforce the brand promise. Action Plan 1A-4: Starting in 2022, the Authentic Promotion Team, coordinating with the City’s contracted marketing agency, wil l create a marketing plan to acquire effective promotional marketing and advertising in Port Angeles and regional marketing programs and channels. Strategy 1B –Scheduled signature events, in addition to impromptu happenings throughout the year, create a sense of energy and excitement, resulting in more frequent visits and extended stays. 2022 2023 2024 2025 2026 Action Plan 1B-1: By the end of Q2 2022, the Authentic Promotion Team, in coordination with event producers, will prepare a calendar of Signature Events that support the goals and objectives of the Strategic Action Plan, as well as the process for keeping the calendar updated and accessible going forward. Action Plan 1B-2: By the end of Q2 2024, the Authentic Promotion Team will design a system that enables and inspires “popup” events to occur in the district. Action Plan 1B-3: By the end of 2022, the Port Angeles Chamber of Commerce will complete an agreement with the City of Port Ang eles for the year-round programing and management of the City parking lot at 121 W Front Street (location for the annual Winter Ice Village). Action Plan 1B-4: Upon the completion of Action Plans 1B -1, 1B-2 and 1B-3, the Authentic Promotion Team will conduct a performance analysis of all events in the district and design an execution plan for new events that support the goals and objectives of the Strategic Action Plan. Strategy 1C –Beginning in 2022, when the brand identity is created, it will then be utilized to introduce and deliver a visitor experience to all five human senses: touch, sound, sight, smell, and taste.2022 2023 2024 2025 2026 Action Plan 1C-1: Starting in 2022, The Authentic Promotion Team will commit to assessing and attempting to incorporate the five human senses into all promotions, communications, and activities. Action Plan 1C-2: In 2022, the Authentic Promotion Team will work with the Welcoming Design Team identify, analyze and determine key entrance locations and other high traffic locations in the area for communicating the district brand and activities. See Action Plan 2B -1. Action Plan 1C-3: Beginning in 2023, the Authentic Promotion Team will develop and endorse an optimized, common business hours recommendation for business owners, based upon seasonality and aligning with events and other happenings which attract high numbers of guests. Action Plan 1C-4: In 2024, design and develop a targeted visitor satisfaction measurement program to determine the effectiveness of strategic efforts. Strategy 1D –Beginning in 2023, when the brand experience is fully developed and being delivered, packages and other incentives targeting visitor market segments will be launched to increase visitor traffic, primarily targeting the off-season months. 2022 2023 2024 2025 2026 Action Plan 1D-1: In 2023, the Authentic Promotion Team will create three (3) distinguished incentive promotions in conjunction with regional events to expand the visitor experience and include a visit to the district. Action Plan 1D-2: In 2023, design and develop a small package of products, clothing, flags, hats, mugs, etc. that can be used and sold in conjunction with events and promotion in the district starting in 2024. Action Plan 1D-3: In 2023, design and launch (3) seasonal visitor experience packages with Blackball Ferry Line which includes a round trip to Victoria, targets people off- loading into the district from Victoria, and incentivizes people waiting in line to take the ferry to Canada. Action Plan 1D-4: In 2024, the Authentic Promotion Team will create and deploy three (3) seasonal visitor packages (fall, winter, spring) that include multiple activities to extend stays and deliver unique experiences to diverse visitor demographics. 9 Economic Vitality By the end of 2026, there will be over $300M in private and public investment within and surrounding the district. There will be over 150 long term living units within the district and 50 new long -term units within three blocks of the district. The average number of vacant street level storefronts will be less than five (5) per year. 10 ElevatePA Strategic Action Plan Roadmap -Economic Vitality 2022 2023 2024 2025 2026 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Goal #3: ECONOMIC VITALITY –By the end of 2026, there will have been over $300M in private and public investment within and su rrounding the district. There will be over 150 long-term residential units within the district and 50 new long-term residential units within three blocks of the district. The average number of vacant street level storefronts in the district will decrease to less than five (5) per year . Strategy 3A –Create a vibrant business climate in the district consisting of an optimal business/service mix based on analysis,entrepreneurship mechanisms, and coordination with government officials on actions that will support reaching vacancy goals. Action Plan 3A-1: Before 2024, the Economic Vitality Team will complete a district service/product/attraction gap and vacancy a nalysis, rental and property sales evaluation, and prioritization of the top five (5) business opportunities (gaps) including a general prospectu s. Action Plan 3A-2: Beginning in 2022, the Economic Vitality Team will begin to engage property owners through communications, su rveys and gatherings to establish the primary challenges and opportunities in the rental market and outcomes of Action Plan 3A -1. Action Plan 3A-3: Beginning in 2022, work with the Port Angeles Chamber of Commerce will produce twice annual entrepreneurship and business startup workshops that target district vacant properties. Action Plan 3A-4: Beginning in 2024, the Economic Vitality Team, in partnership with the Port Angeles Farmers Market, will crea te an action plan to create a pipeline that strengthens the number and quality of small businesses in the district by moving prospects into distri ct storefronts. Strategies 3B –Focus effort, support, and coordination for the development of 200 residential units in and near the district to reinforce a 24-hour living neighborhood. Action Plan 3B-1: Beginning in 2022, the Economic Vitality Team will establish a supportive relationship with the Anian Shores project to advocate, maintain current status, and assist when requested. Action Plan 3B-2: In 2023, the Economic Vitality Team in coordination with the City of Port Angeles, will conduct a district re sidential analysis for current units and identify challenges and opportunities for new residential development. Action Plan 3B-3: In 2023, the Economic Vitality Team will coordinate with the City of Port Angeles to make zoning adjustment r ecommendations that will incentivize new housing development opportunities within three blocks of the district. Action Plan 3B-4: Before 2024, develop a partnership with the Peninsula Housing Authority to engage their district tenants and launch “The Lee Brigade,” to achieve specific actions and strategies of this plan. Strategy 3C –Beginning in 2022, package, coordinate and assist in the advertisement and strategic deployment of current and new finance resources and incentives. Action Plan 3C-1: In 2023, the Economic Vitality Team will initiate a targeted marketing and deployment strategy for the City o f Port Angeles Façade and Sign Improvement Program. Action Plan 3C-2: In 2024, in partner with the Port Angeles Chamber of Commerce to complete a finance resources analysis and la unch a program linking ten (10) new and existing businesses with the funding sources by the end of 2023. Action Plan 3C-3: Starting in 2023, the Economic Vitality Team will work with the City of Port Angeles, Clallam County and othe r stakeholders to identify and submit annually a minimum of two (2) grant applications in support of the Strategy Action Plan. Action Plan 3C-4: In 2023, the Economic Vitality Team in partnership with the City of Port Angeles will research, analyze and d evelop an enforcement and incentive program to address long term vacant and derelict properties. Strategy 3D –Starting in 2022, provide resilient support for existing and new cornerstone attractions and infrastructure which will fortify the vision and success of the district and overall community. Action Plan 3D-1: Beginning in 2022, the Economic Vitality Team will be an active supporter to achieve the vision and goals of the Hollywood Beach Seaplane Authority, Field Arts and Events Hall, Lincoln Theatre, Lower Elwha Cultural Center, Marine Discovery Center. Action Plan 3D-2: Beginning in 2023, the Economic Vitality Team will create a trusted relationship with the Blackball Ferry Lin e to establish a set of short-and long-term priorities with timelines for completion. Action Plan 3D-3: Beginning in 2023, the Economic Vitality Team, in coordination with the Port Angeles Chamber of Commerce, wil l convene twice annually the major project stakeholders in the district to enable communication and identify priority actions to support thei r efforts. Action Plan 3D-4: In 2023, complete with the City of Port Angeles a plan to design, fund and construct the Phase III Waterfront Development. In 2021, the ElevatePA Steering Committee, in partnership with the City of Port Angeles, will define an initial list of actions to immediately improve a visitor’s sense of comfort in the area. By 2023, the entrances, streetscape and signage will project the “brand” as a distinguished area. By 2026, the district will have a well-defined identity as an attractive, comfortable, positive overall visitor experience that is reflective of our local lifestyle. Welcoming Design 12 ElevatePA Strategic Action Plan Roadmap -Welcoming Design 2022 2023 2024 2025 2026 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Goal #2: WELCOMING DESIGN –In 2022, the ElevatePA Steering Committee, in partnership with the City of Port Angeles, will create an initial list of actions that will immediately improve a visitor’s sense of comfort in the area. By 2023, the entrances, streetscape and signage will reflect t he “brand” as a distinguished area. By 2026, the district will have a well-defined identity as an attractive, comfortable, positive overall visitor experience that is reflective of our local lifestyle. Strategies 2A –The visitor experience is predominately measured by the impressions, environment, and comfort of pedestrians, di strict residents, and overnight guests. 2022 2023 2024 2025 2026 Action Plan 2A-1: In 2023, the Welcoming Design Team will identify three (3) sites to be developed as sitting or gathering loca tions for pedestrians. After site identification a design, budget and implementation plan will be completed. Action Plan 2A-2: By the end 2022, the Welcoming Design Team, in cooperation with the City of Port Angeles Parks Department, to complete the establishment and upgrade of at least three (3) conveniently located public restrooms, including determination of a restroom maintenance progra m that allows for opening and operations of at least 16 hours per day availability. Action Plan 2A-3: In 2022, the Welcoming Design Team will work with the City of Port Angeles in completing a comprehensive wayf inding signage, streetscape design, budget, and implementation plan. See Action Plan 1C-2. Action Plan 2A-4: Before 2025, the Welcoming Design Team in coordination with the City of Port Angeles will complete a traffic calming and alleyway place -making design and implementation plan. Strategy 2B –A distinguished district will have definable visual entrances and exits and recognized connections to complimentary regional assets and experiences. 2022 2023 2024 2025 2026 Action Plan 2B-1: In 2022, the Welcoming Design Team will design and identify locations for district welcome signage and attrac tive messaging reader boards, with installation and programing occurring in 2023. See Action Plans 2A -3 and 1C-2. Action Plan 2B-2: In 2022, the Front Street entrance will be enhanced to provide an expansive view of the district and harbor b y unblocking the view on the north side of the street from Peabody to Lincoln. Action Plan 2B-3: In 2023, work with the Blackball Ferry Line, Port Angeles Wharf, and the City of Port Angeles to design and i nstall signage and enhancements to designate the international entry and an invitation to enjoy the district. Action Plan 2B-4: By 2024, the district will have designed, programed and signed five (5) distinctively named “trails” that ori ginate from the district adding value to the overall district experience. Strategy 2C –A visitor’s confidence in personal safety, security and comfort is the top priority to achieving the vision and goals of this plan and positive visitor experiences.2022 2023 2024 2025 2026 Action Plan 2C-1: In 2022, the Welcoming Design Team will coordinate with the City of Port Angeles to develop a district flower -planting, flower basket-hanging, and flower maintenance program, along with a regularly scheduled public space and equipment cleaning and maintenance program, inc luding budget, execution plan, and performance assessment framework. Action Plan 2C-2: In 2023, the Welcoming Design Team will design and execute a plan to educate and inform district property own ers on strategies and actions to protect private property. Action Plan 2C-3: By 2023, district stakeholders in partnership with the City of Port Angeles, will have a staffed Police Stati on including a visual presence of law enforcement and ambassadors. In addition, the Welcoming Design Team will coordinate a study on the efficacy of funding a pri vate security firm to support the efforts of business and property owners in protecting visitors, property, and image of safety. Action Plan 2C-4: In 2023, the Welcoming Design Team in cooperation with the City of Port Angeles will analyze and assess the s tatus of public and private lighting and cameras, including gaps and voids, to encourage safety and security, and will make recommendations that support the district’s vision for the future. Strategy 2D –Establish linkages to regional attractions and experiences that magnify the brand and expand the overall offering and visitor experience.2022 2023 2024 2025 2026 Action Plan 2D-1: In 2022, the Welcoming Design Team will facilitate discussion and planning between the Olympic National Park,Clallam Transit, Black Ball Transport, the City of Port Angeles, and other stakeholders to develop a year -round Hurricane Ridge Shuttle program, with the departure and return point located in the district. Action Plan 2D-2: In 2022, the Welcoming Design Team will develop recommendations for business naming, building façade designs,business signage placement and design, and product and services offerings in the district that capture and celebrate our unique local attractions and natura l surroundings. Action Plan 2D-3: In 2023, the Welcoming Design Team will coordinate with Olympic National Park officials to find ways to incor porate the Olympic National Park inside the district in more visible and tangible ways, as well as encourage park visitors to become district visitors. Action Plan 2D-4: In 2023, the Welcoming Design Team will develop programs that highlight the basecamp nature of the district t o attractions and activities that can originate from the district, such as whale watching, charter fishing, trips to Hurricane Ridge, trips to Victoria, harbor tou rs,a district rooftop trail, and seaplane flights and tours. 13 Action Plan 2C-3: By 2023, district stakeholders in partnership with the City of Port Angeles, will have a staffed Police Station including a visual presence of law enforcement and ambassadors. In addition, the Welcoming Design Team will coordinate a study on the efficacy of funding a private security firm to support the efforts of business and property owners in protecting visitors, property, and image of safety. Funding •Private Business & Property Owners: $50,000 •Clallam Transit:$ ??? •City of Port Angeles $ ??? •Lodging Tax Funds $ ??? Solutions - •City Police Resource Officer •Private Security •Business & Property Owner Actions 14 Sustainable Model In 2022, there will be a leadership structure and communication mechanism established for primary stakeholders filling a Steering Committee and coordination entity role. Starting in 2023, ElevatePA and the key stakeholders will manage a volunteer program. Beginning in 2024, ElevatePA will transition to a new sustainable model and develop an updated 5-year strategic plan by the end of 2025. 15 ElevatePA Strategic Action Plan Roadmap -Sustainable Organization 2022 2023 2024 2025 2026 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Goal #4: SUSTAINABLE ORGANIZATION –In 2022, there will be a leadership structure and communication mechanism established for primary stakeholders filling a Steering Committee and coordination entity role. Starting in 2023, ElevatePA and the key stakeholders will establish and mana ge a volunteer program. Beginning in 2023, ElevatePA will transition to a new, sustainable model that will develop an updated 5-year strategic action plan by the end of 2025. Strategy 4A –ElevatePA requires an optimal, inclusive representation of stakeholders who are committed to provide leadership fo r at least five (5) years and are determined to realize the vision of this plan. 2022 2023 2024 2025 2026 Action Plan 4A-1: In 2022, establish a broad-based commitment of support for the ElevatePA Strategic Action Plan among Steering Committee members, identify leadership from that group to form an Executive Committee, and submit a draft resolution to the Port Angeles City Council for their consideration of a codified City commitment and prioritization of resources to the district. Action Plan 4A-2: By the end of 2023, the Sustainable Model Team, in cooperation with the City of Port Angeles, will research, analyze and develop a recommendation for City code designation that will enable the achievement long term strength and sustainability. Action Plan 4A-3: Starting in 2022, the ElevatePA Executive Committee will empower the Strategy Implementation Teams to pursue their section of the plan including resource requests and regular progress reports to the Leadership Board. Action Plan 4A-4: Beginning in 2024, the ElevatePA Leadership Board will plan and hold an annual celebration including progress made and highlighting super efforts. Strategy 4B –Consistent, meaningful, and facilitated communication between all stakeholders will improve the execution and sust ainability of the Elevate vision, values and purpose.2022 2023 2024 2025 2026 Action Plan 4B-1: In Q1 of 2022, the Sustainable Model Team will design, establish and launch a regular stakeholder communicati on system to inform, exchange information, answer questions Action Plan 4B-2: In 2023, the Sustainable Model Team will partner with the City of Port Angeles to evaluate, select and launch an online service request forum for maintenance and repair specifically for the district area. Action Plan 4B-3: Before 2024, the Sustainable Model Team will work with the Port Angeles Police Department of design, evaluate and launch a safety and security communication platform enabling direct communication with dispatch and among businesses. Action Plan 4B-4: Before 2023, the ElevatePA Steering Committee will identify launch a district advocate resource that is the p rimary contact for questions and resources about the district and Strategic Action Plan. Strategy 4C –Availability and commitment of volunteer human capital is imperative to the execution of the action plans and overall sense of community ownership of the district. 2022 2023 2024 2025 2026 Action Plan 4C-1: In 2023, the Port Angeles Chamber of Commerce will prepare a base list of volunteers and event resources with contact information. Action Plan 4C-2: Beginning in 2024, the Sustainable Model Team will coordinate with the Port Angeles Chamber of Commerce to es tablish a volunteer training program, including certification. Action Plan 4C-3: Beginning in 2023, the Sustainable Model Team with the Port Angeles Chamber of Commerce will hold an annual e vent to recognize and celebrate the volunteers that have participated in the ElevatePA and Chamber of Commerce events. Action Plan 4C-4: In 2023, the Sustainable Model Team will design and launch an ElevatePA leadership workshop to support and st rengthen the organization. Strategy 4D –This ElevatePA strategic action plan is an initial effort to realize long term vibrancy of the district and benefi ts to our community and includes a transition to a sustainable organizational model.2022 2023 2024 2025 2026 Action Plan 4D-1: Upon the establishment of the ElevatePA Steering Committee, an annual budget including source and use of fund s will be adopted. Action Plan 4D-2: The Port Angeles Chamber of Commerce will provide strategy administration services and support to the ElevatePA Steering Committee and Strategy Teams through 2023. Action Plan 4D-3: Beginning in 2023, the ElevatePA Steering Committee will conduct progress assessments and measurements based upon a Strategy Roadmap Table that is based on this strategic action plan. Action Plan 4D-4: In 2024, the ElevatePA Leadership Team will conduct a SWOT analysis of the progress and current state of Elev atePA and design a recommendation for the future and sustainability. 16 Powered by The Future of Safety & Security in Downtown Port Angeles Friday, August 05, 2022 Powered by Date Created: Wednesday, July 20, 2022 63 Total Responses Complete Responses: 63 Powered by Q1: What best describes your connection to the Port Angeles downtown business district? Answered: 63 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% Property Owner Business Owner Both Neither Powered by Q1: What best describes your connection to the Port Angeles downtown business district? Answered: 63 Skipped: 0 ANSWER CHOICES RESPONSES Property Owner 14.29%9 Business Owner 36.51%23 Both 25.40%16 Neither 23.81%15 TOTAL 63 Powered by Q2: Do you think there is a need for additional police presence and/or private security patrol in the downtown area? Answered: 63 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% YES NO Powered by Q2: Do you think there is a need for additional police presence and/or private security patrol in the downtown area? Answered: 63 Skipped: 0 ANSWER CHOICES RESPONSES YES 92.06%58 NO 7.94%5 TOTAL 63 Powered by Q3: What types of threatening activities and/or crimes are you most concerned about?(Please select the top 3) Answered: 63 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% Vandalism Loitering Shoplifting Camping/sleeping Disturbing the peace Intoxication (alcohol or drugs) Littering Rummaging through dumpsters or spreading garbage Threatening behavior General nuisance Other (please specify) Powered by Q3: What types of threatening activities and/or crimes are you most concerned about?(Please select the top 3) Answered: 63 Skipped: 0 ANSWER CHOICES RESPONSES Vandalism 52.38%33 Loitering 23.81%15 Shoplifting 17.46%11 Camping/sleeping 38.10%24 Disturbing the peace 19.05%12 Intoxication (alcohol or drugs)36.51%23 Littering 9.52%6 Rummaging through dumpsters or spreading garbage 19.05%12 Threatening behavior 47.62%30 General nuisance 17.46%11 Powered by Q4: How often do you experience threatening activities and/or crimes that affect your business or property? Answered: 63 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% Every hour, every day. A few times a day, most days. Once or twice a day. A few times each week. Once a week or so. A few times each month. Once a month or so. Not very often. Powered by Q4: How often do you experience threatening activities and/or crimes that affect your business or property? Answered: 63 Skipped: 0 ANSWER CHOICES RESPONSES Every hour, every day.0%0 A few times a day, most days.7.94%5 Once or twice a day.9.52%6 A few times each week.41.27%26 Once a week or so.15.87%10 A few times each month.4.76%3 Once a month or so.3.17%2 Not very often.17.46%11 TOTAL 63 Powered by Q5: What hours of the day or night do you think security may be most needed? Answered: 63 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% 6am to 2pm 10am to 6pm 2pm to 10pm 8pm to 4am 12am to 8am Powered by Q5: What hours of the day or night do you think security may be most needed? Answered: 63 Skipped: 0 ANSWER CHOICES RESPONSES 6am to 2pm 1.59%1 10am to 6pm 9.52%6 2pm to 10pm 34.92%22 8pm to 4am 28.57%18 12am to 8am 25.40%16 TOTAL 63 Powered by together with other downtown property and business owners, to supplement the work of the Port Angeles Police Department that would focus on making the downtown business district more safe and secure? Answered: 63 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% Yes Maybe No Powered by together with other downtown property and business owners, to supplement the work of the Port Angeles Police Department that would focus on making the downtown business district more safe and secure? Answered: 63 Skipped: 0 ANSWER CHOICES RESPONSES Yes 19.05%12 Maybe 49.21%31 No 31.75%20 TOTAL 63 Powered by amount you may be able and willing to spend per year for the services of a private security firm --your funds pooled with other downtown business and property owners to fund a single contract? Answered: 63 Skipped: 0 0%10%20%30%40%50%60%70%80%90%100% None at all Up to $240 per year Up to $600 per year Up to $1,200 per year Up to $2,500 per year Up to $5,000 per year Up to $10,000 per year Up to $15,000 per year Up to $20,000 per year Powered by amount you may be able and willing to spend per year for the services of a private security firm --your funds pooled with other downtown business and property owners to fund a single contract? Answered: 63 Skipped: 0 ANSWER CHOICES RESPONSES None at all 38.10%24 Up to $240 per year 20.63%13 Up to $600 per year 15.87%10 Up to $1,200 per year 15.87%10 Up to $2,500 per year 3.17%2 Up to $5,000 per year 3.17%2 Up to $10,000 per year 3.17%2 Up to $15,000 per year 0%0 Up to $20,000 per year 0%0 TOTAL 63 October 18, 2022 I - 2 & October 18, 2022 I - 3 Respond to the Blake decision Support clarification around the crime of possessing a controlled substance so that individuals, law enforcement, and treatment providers can respond appropriately. Revise the current system of two referrals prior to criminal charges, so it can be more effectively administered across the state. Support additional investments to help cities with the costs stemming from the Blake decision on how possession of controlled substances is handled by the criminal justice system. This includes: • Funding to help offset the costs of vacating criminal convictions, repaying legal financial obligations, administering diversion programs, and mitigating municipal court impacts. • Investment in alternative response teams; treatment facilities for adults and juveniles; treatment in jails; and social workers, treatment providers, and system navigators to help direct people to treatment. Address vehicle pursuits for public safety Clarify the ability for law enforcement to conduct vehicle pursuits using a reasonable suspicion standard in specific circumstances. This is essential to allow for effective and safe pursuit of suspects when there is an immediate threat to public safety. Cities will continue to support safety standards and training for officers who engage in vehicle pursuits. Ensure basic infrastructure funding Fully fund the Public Works Assistance Account (PWAA), allow the current revenue diversions to sunset at the end of fiscal year 2023, and refrain from further fund transfers or diversions to other infrastructure programs or non-infrastructure accounts. Expand state funding opportunities to assist with maintenance and operations of local infrastructure. Increase housing availability & affordability Support a proactive approach that creates new tools, incentives, and revenues that cities can use to help increase housing supply and address affordability. Cities need resources to encourage development of housing at all income levels—especially for our lowest-income residents. Provide behavioral health resources Create greater access to community-based behavioral health services to include substance use disorder treatment and dual diagnosis treatment facilities. Support continued state funding to help communities establish alternative response programs like co-responder programs, diversion programs, and others that provide options beyond law enforcement for responding to situations that involve individuals suffering from behavioral health issues. City Legislative Priorities2023Strong cities make a great state. Cities are home to 65% of the state’s residents, drive the economy, and provide the most accessible government. The continued success of cities depends on adequate resources and local decision-making to best meet the needs of our residents. Washington’s 281 cities ask the Legislature to partner with cities and act on the following priorities: Candice Bock Government Relations Director candiceb@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Copyright © 2022 by Association of Washington Cities, Inc. All rights reserved. | 09/15/22 October 18, 2022 I - 4 Date: October 18, 2022 To: City Council From: Nathan A. West, City Manager William Bloor, City Attorney Subject: Governor Inslee’s Rescission of COVID-19 Emergency Proclamations and State of Emergency Background / Analysis: As mentioned in the summary above the Governor announced the upcoming recission of all remaining COVID 19 emergency proclamations. Staff will provide an overview of the implications this change has related to City COVID practices and protocols including the implications for virtual and hybrid meetings. Apart from the Governor’s proclamations, the City has adopted its own COVID declaration of emergency. That is not linked to the Governor’s proclamations. The City’s declaration will remain in effect until it is ended by the City. Also, the City adopted a protocol to determine whether Council, Commission and Board meetings with be virtual or hybrid. See attached. That will remain in effect until changed by Council action. We have secondhand information suggesting the local dashboard may be discontinued at the end of October. If so, Council may wish to discuss how this will be handled in the future. We hope to have more specific information on this point to present at the time of the meeting. Funding Overview: Funding N/A Attachments: May 17, 2022 City Council Packet Material and Minutes Summary: On September 8th, Governor Jay Inslee announced the upcoming rescission of all remaining COVID-19 emergency proclamations and state of emergency by October 31, 2022. This decision may have some implications to current City practices and protocols. Funding: N/A Recommendation: Council discussion. October 18, 2022 I - 5 Date: May 17, 2022 To: City Council From: William Bloor, City Attorney Subject: Motion to Allow Hybrid and Virtual Meetings Under Specific Circumstances Background / Analysis: On March 15, 2022 Council unanimously passed a Motion to hold hybrid meetings when the COVID-19 risk is Very Low or Low, per the dashboard located at https://www.clallam.net/coronavirus/ ,at the time the meeting agenda is advertised. The motion provided that Council will hold virtual meetings when the COVID-19 risk is Moderate or High, per the dashboard. On March 24, 2022 ESHB 1329 became law. This new law states that after declaration of an emergency by a local public agency, where the public agency has determined that a meeting of a governing body cannot be held with members of the public with “reasonable safety” because of the emergency, the public agency, among other things, may hold a remote meeting without a physical location, which is what the Council has been doing following the March 15 motion. In order to retain the county dashboard as the reference to guide when future meetings will be in-person, Council should pass the attached Motion to incorporate language that conforms to state law. Funding: N/A: Summary: At the March 15, 2022 meeting Council passed a Motion to hold virtual meetings when the COVID-19 risk is at moderate to high levels as shown on the dashboard located at htpps://www.clallam.net/coronavirus/. Because the law changed on March 24, 2022, Council should pass a new Motion to include a finding that it is not “reasonable safe” to conduct an in-person meeting when the COVID-19 risk is moderate to high as shown on the dashboard. Funding: N/A: Recommendation: Consider passing the following motion so that the determination as to the conduct of the meeting conforms with the newly-enacted law: It is moved that the City will hold hybrid meetings when a meeting can be held with “reasonable safety.” “Reasonable safety” means that the COVID-19 risk is Very Low or Low, per the dashboard located at https://www.clallam.net/coronavirus/ at the time the meeting agenda is advertised; and That the City will hold virtual meetings when a meeting cannot be held with “reasonable safety.” “Without reasonable safety” means that the COVID-19 risk is Moderate or High, per the dashboard located at https://www.clallam.net/coronavirus/ , at the time the meeting agenda is advertised; and That the determination as to the manner in which meetings are to be conducted applies to all public meetings being held by City Council, all City Boards and all City Commissions. October 18, 2022 I - 6 October 18, 2022 I - 7 October 18, 2022 I - 8 October 18, 2022 I - 9 October 18, 2022 I - 10 October 18, 2022 I - 11 October 18, 2022 I - 12 October 18, 2022 I - 13 October 18, 2022 I - 14 October 18, 2022 I - 15 October 18, 2022 I - 16 October 18, 2022 I - 17 October 18, 2022 I - 18 October 18, 2022 I - 19 CITY COUNCIL MEETING Port Angeles, Washington May 17, 2022 This meeting was conducted virtually. CALL TO ORDER SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Members Present: Mayor Dexter,Deputy Mayor Meyer,Council Members Carr,French, and Schromen-Wawrin. Members Absent: Council members McCaughan and Suggs. Staff Present: City Manager West,Attorney Bloor,Clerk Martinez-Bailey,C.Delikat,K.Dubuc;B. Smith, E.Bolin,T. Hunter, S. Carrizosa,B.Braudrick. CLIMATE RESILIENCY PLAN PRESENTATION The Mayor welcomed the presenters and turned the meeting over to Associate Planner Ben Braudrick. He and Cascadia Consulting Group representatives Mike Chang and P.J Tillmann, provided an update on the Climate Resiliency Plan which included background relative to the introduction to policies and goals into the Comprehensive Plan. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter,Deputy Mayor Meyer,Council Members Carr,French,and Schromen-Wawrin. Members Absent: Council members McCaughan and Suggs. Staff Present: City Manager West,Attorney Bloor,Clerk Martinez-Bailey,C.Delikat,K. Dubuc,B. Smith, E. Bolin,T.Hunter,and S. Carrizosa. It was moved by Schromen-Wawrin and seconded by French to: Excuse Council members McCaughan and Suggs from the meeting. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 4-0. Council member Meyer noted he was disconnected from the virtual meeting at the time this vote was taken. PLEDGE OF ALL] GIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. PUBLIC COMMENT No public comment was received. OTHER CONSIDERATIONS 1.Wastewater Presentation Darlene Schanfald presented slides and urged the City to prioritize implementation of safe waste handling. CONSENT AGENDA It was moved by Meyer and seconded by Schromen-Wawrin to approve the Consent Agenda to include: 1. City Council Minutes of April 19 and April 26,2022 l Approve 2. Expenditure Report: From April 23,2022 to May 6,2022 in the amount of$4,401, 807.371 Approve 3. Renewal of Forest Land Response Agreement with Department of Natural Resources 1 Authorize the Fire Chief to sign the attached agreement with the Department of Natural Resources for the provision of wildland firefighting services. October 18, 2022 I - 20 PORT ANGELES CITY COUNCIL MEETING—May 17, 2022 4. Datamark Service Software Agreement/Authorize the City Manager-to sign the software service agreement with Datamark and make minor modifications as necessary 5. Tyler Technology Software Amendment/Authorize the City Manager to sign the software amendment with Tyler Technology,for "Tyler Data Collect", and allow the City Manager to make minor modifications as necessary 6. GovQA Amendment/Authorize the City Manager to sign and execute the contract with WebQA for the yearly budgeted amount of$7,000, to include additional licenses for JLARC and redaction software and allow the City Manager to make minor modifications as necessan,. Council discussion followed. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5-0. ORDINANCES NOT R:E UIRING COUNCIL PUBLIC HEARINGS 1.Public Safety Advisory Board Ordinance Update City Attorney William Bloor provided background on the proposed ordinance amendment. On May 3,2022,City Council discussed membership on the Public Safety Advisory Board. It was noted that the current ordinance, adopted by Council on September 15,2020,as to the tribal representative provided:"Two positions,to the extent feasible,shall be for enrolled tribal members."This provision allowed a person who was not a tribal member to serve as a tribal representative on the Board. After discussion,Council voted 7-0 to direct staff to amend the ordinance to require that the tribal representative to the Board be an enrolled member of a tribe.The amended language to Chapter 2.26. Section 020 (F)Composition of Board is reflected in the attached amended ordinance. Mayor Dexter conducted a first reading of the ordinance by title,entitled, The Mayor read the ordinance by titled,entitled, ORDINANCE NO.3691 AN ORDINANCE of the City of Port Angeles,Washington amending the Public Safety Advisory Board Chapter 2.26 of the Port Angeles Municipal Code. It was moved by Meyer and seconded by Carr to: Waive the second reading and adopt the ordinance as read. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5- 0. OTHER CONSIDERATIONS (CONTINUED 2.Motion to Allow Hybrid and Virtual Meetings Under Specific Circumstances Attorney Bloor provided background on the agenda item and stated on March 24,2022 ESHB 1329 became law adding the new law states that after declaration of an emergency by a local public agency,where the public agency has determined that a meeting of a governing body cannot be held with members of the public with"reasonable safety'because of the emergency,the public agency,among other things,may hold a remote meeting without a physical location,which is what the Council has been doing following the March 15 motion. Attorney Bloor added that in order to retain the county dashboard as the reference to guide when future meetings will be in-person,the Council should pass the suggested motion listed in the recommendation section of the memo in the packet which would incorporate language that conforms to state law. It was moved by Schromen-Wawrin and seconded by Carr to: Move that the City will hold hybrid meetings when a meeting can be held with"reasonable safety.""Reasonable safety'means that the COVID-19 risk is Very Low or Low,per the dashboard located at ttps://www.clailam.net/coronavirus/at the time the meeting agenda is advertised; and That the City will hold virtual meetings when a meeting cannot be held with"reasonable safety.""Without reasonable safety'means that the COVID-19 risk is Moderate or High,per the dashboard located at https://www.clallam.net/coronavirus/,at the time the meeting agenda is advertised; and Page 2 of 3 October 18, 2022 I - 21 PORT ANGELES CITY COUNCIL MEETING—May 17, 2022 That the determination as to the manner in which meetings are to be conducted applies to all public meetings being held by City Council,all City Boards and all City Commissions. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5- 0. CONTRACTS & PURCHASING 1.24-Hour Stand-Alone Public Restroom Purchases Parks and Recreation Project Coordinator Tim Tucker provided background information related to the project that would authorize the purchase of three 24-hour stand-alone public restrooms. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Carr to: Approve and authorize the City Manager to purchase three 24-Hour Stand-Alone Public Restrooms(Portland Loo's) from Madden Fabrication and make minor modifications to the agreement,if necessary. The Mayor asked if there was unanimous consent,hearing no opposition,the motion carried 5-0. Mayor recessed the meeting for a break at 7:13 p.m.The meeting reconvened at 7:23 p.m. The Mayor recognized Fire Chief Ken Dubuc by reading a proclamation. A presentation was the shared that featured animals. Chief Dubuc said a few words about his work with the City of Port Angeles and expressed his appreciation for the support of his wife during his career. CITY COUNCIL REPORTS Council member Schromen-Wawrin stated he would be unable to attend the joint City Council and Clallam County Commissioner meeting. Council member French spoke about tourism and provided updates on behalf of the Olympic Peninsula Tourism Commission. Council member Carr spoke about the Board of Health meeting and an upcoming Pride celebration. Mayor Dexter spoke about her attendance at a Downtown clean up event and law enforcement memorial event. No other reports were given. INFORMATION Manager West spoke about the upcoming Joint meeting with the Clallam County Commissioners and discussed the proposed agenda. SECOND PUBLIC COMMENT No public comment was received. ADJOURNMENT Mayor Dexter adjourned the meeting at 8:02 p.m. Kate Dexter,Mayor Kari Martinez-Bailey,City Clerk Page 3 of 3 October 18, 2022 I - 22 Date: October 18, 2022 To: City Council From: Mike Healy, Interim Director of Public Works & Utilities Subject: City Hall Low Impact Development Parking Lot Retrofit, Project No. TR1215, Grant Acceptance WQC-2023-PoPAnPW-00153 and PSA-2020-26 Amendment 02 Background / Analysis: Peabody Creek is an urban salmon‐bearing freshwater stream flowing North through Port Angeles into the Harbor near Hollywood Beach. It is currently on Ecology’s impaired fresh waterbody list for the following parameters: temperature, bacteria, bioassessment, and turbidity. Currently runoff from the east City Hall parking lot flows across the surface collecting pollutants, enters parking lot catch basins, and is conveyed quickly into Peabody Creek. In 2016, Engineering Staff submitted a grant application to Ecology for funding to develop a retrofit project that would improve stormwater management in the east City Hall parking lot. Ecology awarded a Summary: The City’s project to redesign the City Hall East Parking Lot in order to reduce runoff of pollutants into Peabody Creak has been selected for a construction funding grant by the Washington State Department of Ecology. The City has worked with Herrera Environmental Consultants, Inc. to amend the ongoing PSA for the project to include final design and construction phased services and extend the agreement through the life of the Ecology grant. Acceptance of the grant funds and approval of the PSA amendment will allow the City to finalize the construction bid package, advertise the project for construction bids, and satisfy all grant agreement deliverables. Funding: Ecology has offered the City grant funding in the amount of $1,005,426.00 to construct Project TR1215. The grant agreement requires a 15% match from the City in the amount of $177,427.69 for a total eligible project cost of $1,182,853.69. The construction phased services work to be performed by Herrera under Amendment 02 is grant reimbursable and included in the total eligible project cost amount. Amendment 02 will add $76,090.00 to the total PSA budget with Herrera. The City has sufficient matching funds currently budgeted for 2022 and 2023 in the approved 2023-28 Capital Facilities Plan under project TR1215. Recommendation: 1. Accept construction grant agreement #WQC-2023-PoPAnPW-00153 with the Department of Ecology in the amount of $1,005,426 to construct the City Hall East Parking Lot LID, Project #TR1215, and authorize the City Manager to execute and administer the agreement and to make minor modifications as necessary; and 2. Approve Amendment 02 to PSA-2020-26 with the project’s design consultant, Herrera Environmental Consultants, Inc., to include construction phased services support in a new not to exceed amount of $186,767 and extend the agreement through Dec. 31, 2024, and authorize the City Manager to sign and administer the Amendment and to make minor modifications as necessary. October 18, 2022 J - 1 Water Quality Pre‐construction Grant to the City in 2019 for the design of a Low Impact Development (LID) retrofit project that would manage runoff from the parking lot and improve the long-term health of Peabody Creek. City Council accepted Ecology’s $102,000 design grant and executed a Professional Services Agreement with Herrera (PSA-2020-26) to perform the site analysis and develop 90% design plans. The new parking lot design consists of porous asphalt surfacing atop a below-grade aggregate reservoir that will store stormwater runoff and help control peak flows by slowing down discharge rates to Peabody Creek. Outflow from the storage reservoir will pass through a bioretention cell near the Vern Burton main entrance where pollutants such as heavy metals, hydrocarbons, and sediment will be removed. The design is meant to be a stormwater management showcase for the community and will include educational display boards and a cistern system underneath the building eaves that will collect roof runoff for maintenance of the bioretention plantings during Spring and Fall. In Fall 2021, Herrera and the City completed the preliminary design, and submitted a grant application to Ecology for construction funding. Ecology notified the City that the project had been selected for construction funding in June 2022 and began agreement negotiations in August. As the grant’s scope of work was developed, the City also worked with Herrera to develop Amendment 02 to the PSA to provide construction phase services, such as; finalizing the construction bid package, as-needed design changes and support during construction, and helping close-out the construction grant with Ecology. This Amendment will also extend the PSA expiration date from December 31, 2022 to December 31, 2024 to match the grant agreement’s lifespan. Funding Overview: Ecology’s construction grant agreement offers the City $1,005,426 to construct the project. The agreement requires a 15% match from the City in the amount of $177,427.69 for a total eligible grant amount of $1,182,853.69. City Council has approved and set aside sufficient matching funds for this work in the current 2023-2028 CFP to be used in 2022 and 2023 in Transportation Budget #312-7930-595-6510. Construction phase services proposed in PSA-2020-26: Amendment 02 is largely grant reimbursable work. The original PSA budget will be increased under Amendment 02 in the amount of $76,090.00 to a total not-to-exceed amount of $186,767.00. Individual tasks and budget amounts are described in the Amendment 02 Scope of Work. The City will be invoiced for work actually performed. October 18, 2022 J - 2 Agreement WQC‐2023‐PoAnPW‐00153 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY” and the City of Port Angeles, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds, the activities described herein. GENERAL INFORMATION Project Title: City Hall Parking Lot LID Retrofit Total Cost: $1,214,536.25 Total Eligible Cost: $1,182,853.69 Ecology Share: $1,005,426.00 Recipient Share: $177,427.69 The Effective Date of this Agreement is: 07/01/2022 The Expiration Date of this Agreement is no later than: 01/31/2025 Project Type: Stormwater Facility Project Short Description: (500‐character limit, includes spaces) This project will improve water quality in Peabody Creek through installation of various stormwater Best Management Practices (BMPs) at City Hall in the City of Port Angeles. This project will provide treatment for total suspended solids (TSS), dissolved copper, and dissolved zinc and will reduce flows to Peabody Creek by increasing stormwater detention. The project will also act as an educational resource for property developers and the public in Port Angeles. Project Long Description: (4,000‐character limit, includes spaces) The City Hall Parking Lot LID project will improve water quality and reduce peak flows to Peabody Creek by treating approximately 1‐acre of the City Hall parking lot and adjacent roadway. Currently untreated stormwater runoff from the project area flows to catch basins that drain to the City's municipal storm system and discharge directly to Peabody Creek. Peabody Creek is a 303(d) category 5 impaired water body for turbidity, temperature, bioassessment, bacteria, October 18, 2022 J - 3 Agreement No: WQC-2023-PoAnPW-00153 Page 2 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o and pH. This construction project is a continuation of the design only grant WQSWPC‐2016‐PoAnPW‐00001 and will incorporate the Design Report and 90% Design Package accepted by Ecology earlier. The RECIPIENT will construct bioretention, permeable pavement, and install a rainwater cistern that will slow and treat stormwater runoff from commercial areas with high traffic volume and high concentrations of pollution‐generating impervious surfaces. Due to minimal infiltration capacity of the native soils, an underdrain will route stormwater from the permeable pavement to the bioretention facilities for treatment. The project will improve water quality by reducing the import of total suspended solids and other pollutants into Peabody Creek. Additionally, being centrally located within Port Angeles, at City Hall, and within rural Clallam County, this project will serve as a stormwater management showcase to the community. It will also be a resource for property developers, contractors, and design engineers seeking to meet minimum stormwater management requirements on future projects that discharge to local waterbodies and are challenged by site constraints. Overall Goal: (1,000‐character limit, includes spaces) This project will help protect and restore water quality in Washington State by reducing stormwater impacts from existing infrastructure and development. October 18, 2022 J - 4 Agreement No: WQC-2023-PoAnPW-00153 Page 3 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o RECIPIENT INFORMATION Organization Name: City of Port Angeles – Public Works Mailing Address: 321 East 5th Street Port Angeles, Washington 98362‐0217 Physical Address: 321 East 5th Street Port Angeles, Washington 98362‐0217 Organization Email: Publicworks@cityofpa.us Contacts Project Manager Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles, Washington 98362‐0217 (360) 417‐4701 Vmcintyr@cityofpa.us Authorized Signatory Nathan West City Manager 321 East 5th Street Port Angeles, Washington 98362‐0217 (360) 417‐4751 Nwest@cityofpa.us Billing Contact Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles, Washington 98362‐0217 (360) 417‐4701 Vmcintyr@cityofpa.us October 18, 2022 J - 5 Agreement No: WQC-2023-PoAnPW-00153 Page 4 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504‐7600 Physical Address: Department of Ecology 300 Desmond Drive SE Lacey, WA 98503 Contacts Project Manager Charlie Hohlbein Financial Manager Michelle Myers Technical Advisor Doug Howie October 18, 2022 J - 6 Agreement No: WQC-2023-PoAnPW-00153 Page 5 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. Washington State Department of Ecology City of Port Angeles _________________________________ _______________________________ Vincent McGowan Date Nathan West Date Water Quality City Manager Program Manager ___________________________________ Additional City Signatories Date Email Address: October 18, 2022 J - 7 Agreement No: WQC-2023-PoAnPW-00153 Page 6 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 1 Task Cost: $5,000.00 Task Title: Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up‐to‐date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and two‐page Outcome Summary Report. * Properly maintained project documentation. Grant and Loan Administration Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form). October 18, 2022 J - 8 Agreement No: WQC-2023-PoAnPW-00153 Page 7 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 2 Task Cost: $2,000.00 Task Title: Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review. Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential affects to cultural resources. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. To initiate cultural resources review: 1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on‐site. The IDP template may be found on the ECOLOGY website. B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will also upload the final SEPA determination. C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. October 18, 2022 J - 9 Agreement No: WQC-2023-PoAnPW-00153 Page 8 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Cultural and Environmental Review, and Permitting Deliverables Number Description Due Date 2.1 ECOLOGY Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. DO NOT upload the cultural resources form or documentation to EAGL. 2.2 Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY Project Manager for review. Upload to EAGL once review is complete. 2.3 SEPA Checklist. Upload the checklist, or other documentation for projects considered exempt from SEPA review, to EAGL and notify ECOLOGY when official comment period begins 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY when upload is complete 2.5 List of permits acquired. Upload to EAGL and notify ECOLOGY when upload is complete. October 18, 2022 J - 10 Agreement No: WQC-2023-PoAnPW-00153 Page 9 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 3 Task Cost: $53,000.00 Task Title: Design Plans and Specifications Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A. The RECIPIENT will upload the accepted design report along with the associated responses to ECOLOGY comments and the ECOLOGY acceptance letter. B. The RECIPIENT will upload the accepted 90% design package, along with the associated response to ECOLOGY comments and the ECOLOGY acceptance letter. C. The RECIPIENT will calculate and submit a preliminary equivalent new/re‐development area for the completed design using the methods outlined in the Design Deliverables Document. D. The RECIPIENT will submit a preliminary GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY‐approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. E. The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package Acceptance Letter prior to advertising the project. Task Goal Statement: The RECIPIENT will complete all design task Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. October 18, 2022 J - 11 Agreement No: WQC-2023-PoAnPW-00153 Page 10 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Design Plans and Specifications Deliverables Number Description Due Date 3.1 Contract documents (if contracting out for design). Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Design Report, responses to ECOLOGY comments, and Design Report Acceptance letter. Upload to EAGL and notify ECOLOGY when complete. 3.3 90 Percent Design Package, responses to ECOLOGY comments, and 90% Acceptance Letter. Upload to EAGL and notify ECOLOGY when complete. 3.4 Preliminary equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. 3.5 Preliminary project area shapefile, geodatabase file, or ECOLOGY‐approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 3.6 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 3.9 Bid documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY when uploaded. SCOPE OF WORK October 18, 2022 J - 12 Agreement No: WQC-2023-PoAnPW-00153 Page 11 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Task Number: 4 Task Cost: $10,000.00 Task Title: Construction Management Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. C. The RECIPIENT will conduct a pre‐construction conference meeting and invite ECOLOGY to attend. D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur. E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY‐ accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Construction Management Deliverables Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre‐Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY when upload is complete. 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. October 18, 2022 J - 13 Agreement No: WQC-2023-PoAnPW-00153 Page 12 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 5 Task Cost: $1,106,853.69 Task Title: Construction Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will complete construction of the project in accordance with ECOLOGY‐accepted plans and specifications. The construction project will include installation of Bioretention, permeable pavement facilities, as well a rainwater cistern to mitigate runoff from approximately 1‐acre of pollution‐generating impervious surfaces. B. Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. Task Goal Statement: Construction of the project in accordance with ECOLOGY‐accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper, and dissolved zinc. Construction Deliverables Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. October 18, 2022 J - 14 Agreement No: WQC-2023-PoAnPW-00153 Page 13 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 6 Task Cost: $6,000.00 Task Title: Project Close Out Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long‐term activities to assure ongoing pollutant removal and flow‐control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. B. The RECIPIENT will calculate and submit a final equivalent new/re‐development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C. The RECIPIENT will submit the final GIS compatible project area in shapefile, geodatabase file, or ECOLOGY‐approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. D. The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1. E. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two‐ page Outcome Summary Report. * Proper maintenance of the constructed facility to maintain water quality benefits. Project Closeout Deliverables Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.2 Final, as constructed, equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. 6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY‐ approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.4 Outcomes Summary. Upload to EAGL and notify ECOLOGY when upload is complete. October 18, 2022 J - 15 Agreement No: WQC-2023-PoAnPW-00153 Page 14 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o BUDGET (EAGL WILL GENERATE THIS SECTION BASED ON PROJECT TYPE/PARAMETERS, ETC. IT MIGHT BE HELPFUL FOR THE RECIPIENT TO USE THE BUDGET TABLE TO PLAN OUT THEIR BUDGET). Funding Distribution Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2022 Funding Expiration Date: Funding Source: State – Stormwater Financial Assistance Program Recipient Match %: 15 InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Indirect Rate: max 30% Supporting documentation must be uploaded to EAGL. Rate will be indicated in your agreement. Stormwater Financial Assistance Program Task Total Recipient Amount ECY Amount 1. Grant and Loan Administration $5,000.00 $750.00 $4,250.00 2. Cultural, Environmental Review, and Permitting $2,000.00 $300.00 $1,700.00 3. Design Plans and Specifications $53,00.00 $7,949.98 $45,050.02 4. Construction Management $10,000.00 $1,500.00 $8,500.00 5. Construction $1,106,853.69 $166,027.71 $940,825.98 6. Project Close Out $6,000.00 $900.00 $5,100.00 Total $1,182,853.69 $177,427.69 $1,005,426.00 Funding Distribution Name Recipient Match Recipient Share Ecology Share Total SFAP 15% $ $ $ Total $ $ $ October 18, 2022 J - 16 Agreement No: WQC-2023-PoAnPW-00153 Page 15 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173‐98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. “Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Centennial Clean Water Program” means the state program funded from various state sources. “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost‐efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173‐98‐730 WAC. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred. “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge. “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT. “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements. October 18, 2022 J - 17 Agreement No: WQC-2023-PoAnPW-00153 Page 16 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower. “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan. “Loan Term” means the repayment period of the loan. October 18, 2022 J - 18 Agreement No: WQC-2023-PoAnPW-00153 Page 17 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents. “Principal and Interest Account” means, for a loan that constitutes Revenue‐Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue‐Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk‐Based Determination” means an approach to sub‐recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project. “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement. “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. October 18, 2022 J - 19 Agreement No: WQC-2023-PoAnPW-00153 Page 18 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o “Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those October 18, 2022 J - 20 Agreement No: WQC-2023-PoAnPW-00153 Page 19 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468‐100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as October 18, 2022 J - 21 Agreement No: WQC-2023-PoAnPW-00153 Page 20 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o one involving a lease or a term‐limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 407‐8180or payeehelpdesk@watech.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre‐approved by ECOLOGY’s project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site‐specific locations must utilize appropriately sized and weather‐resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long‐term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may October 18, 2022 J - 22 Agreement No: WQC-2023-PoAnPW-00153 Page 21 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. “Section 319 Initial Data Reporting” form in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using‐epa‐seal‐and‐logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non‐English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close‐out. ECOLOGY may hold reimbursements until the RECIPIENT has October 18, 2022 J - 23 Agreement No: WQC-2023-PoAnPW-00153 Page 22 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one‐time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting”. B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)‐‐Public Law 91‐ 646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100‐17‐1987, and applicable regulations and procedures of the federal agency implementing that Act. C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF‐SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF‐SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: October 18, 2022 J - 24 Agreement No: WQC-2023-PoAnPW-00153 Page 23 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non‐discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. October 18, 2022 J - 25 Agreement No: WQC-2023-PoAnPW-00153 Page 24 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non‐MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e‐mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non‐MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel‐Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101‐391, as amended). Recipients may search the Hotel‐Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT’s Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL October 18, 2022 J - 26 Agreement No: WQC-2023-PoAnPW-00153 Page 25 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE‐2011‐title40/pdf/USCODE‐2011‐title40‐subtitleI‐ chap11.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately‐owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately‐owned utilities engaged in the operation of like systems, or it shall self‐insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. October 18, 2022 J - 27 Agreement No: WQC-2023-PoAnPW-00153 Page 26 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation‐ secured loans and general obligation payable from special‐assessment‐secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. October 18, 2022 J - 28 Agreement No: WQC-2023-PoAnPW-00153 Page 27 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 4. For Revenue‐Secured: Lien Position. This loan is a Revenue‐Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504‐7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement. October 18, 2022 J - 29 Agreement No: WQC-2023-PoAnPW-00153 Page 28 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. October 18, 2022 J - 30 Agreement No: WQC-2023-PoAnPW-00153 Page 29 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o N. Prevailing Wage (Davis‐Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis‐Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis‐Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis‐Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: ‐ The Davis‐Bacon Act, 29 CFR (If applicable) ‐ Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) ‐ The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. October 18, 2022 J - 31 Agreement No: WQC-2023-PoAnPW-00153 Page 30 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer‐Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer‐use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under October 18, 2022 J - 32 Agreement No: WQC-2023-PoAnPW-00153 Page 31 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. October 18, 2022 J - 33 Agreement No: WQC-2023-PoAnPW-00153 Page 32 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User‐Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user‐charge system and shall adopt a system of user‐charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user‐charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user‐charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. October 18, 2022 J - 34 Agreement No: WQC-2023-PoAnPW-00153 Page 33 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070‐395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ∙ Receives more than $30,000 in federal funds under this award. ∙ Receives more than 80 percent of its annual gross revenues from federal funds. ∙ Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the requiredError! Hyperlink reference not valid. Unique Entity Identifier in www.SAM.gov within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115‐232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) exclusion list. October 18, 2022 J - 35 Agreement No: WQC-2023-PoAnPW-00153 Page 34 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web‐based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 21‐02, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. October 18, 2022 J - 36 Agreement No: WQC-2023-PoAnPW-00153 Page 35 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586‐3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. October 18, 2022 J - 37 Agreement No: WQC-2023-PoAnPW-00153 Page 36 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o g) RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W‐9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407‐8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. October 18, 2022 J - 38 Agreement No: WQC-2023-PoAnPW-00153 Page 37 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi‐judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04‐03‐030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. October 18, 2022 J - 39 Agreement No: WQC-2023-PoAnPW-00153 Page 38 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research‐Data/Data‐resources/Geographic‐Information‐Systems‐GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority‐owned (MBE) and women‐ owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. October 18, 2022 J - 40 Agreement No: WQC-2023-PoAnPW-00153 Page 39 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866‐208‐1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. October 18, 2022 J - 41 Agreement No: WQC-2023-PoAnPW-00153 Page 40 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. October 18, 2022 J - 42 Agreement No: WQC-2023-PoAnPW-00153 Page 41 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197‐11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. October 18, 2022 J - 43 Agreement No: WQC-2023-PoAnPW-00153 Page 42 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o a) Sustainable practices may include such activities as: use of clean energy, use of double‐sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post‐consumer recycled paper. For more suggestions visit ECOLOGY’s web page: Green Purchasing, , https://ecology.wa.gov/Regulations‐Permits/Guidance‐technical‐assistance/Sustainable‐purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non‐Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non‐Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. October 18, 2022 J - 44 Agreement No: WQC-2023-PoAnPW-00153 Page 43 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. October 18, 2022 J - 45 Agreement No: WQC-2023-PoAnPW-00153 Page 44 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o October 18, 2022 J - 46 CONTRACT NO PSA-2020-26, AMENDMENT NO. 2 [FORM REVISED 7/2017] Page 1 of 6 AMENDMENT NO. 2 TO THE SERVICE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND HERRERA ENVIRONMENTAL CONSULTANTS, INC. PSA-2020-26 RELATING TO: CITY HALL LID PARKING LOT RETROFIT DESIGN SUPPORT THIS AMENDMENT NO. 2 is made and entered into by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the “CITY”) and HERRERA ENVIRONMENTAL CONSULTANTS, Inc, a Washington corporation authorized to do business in the State of Washington (hereinafter called the “CONSULTANT”). NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT NO 2, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on 8/5/2020, (the AGREEMENT). On 12/21/2021, the City executed AMENDMENT 01 to the AGREEMENT; a no-cost, no-scope- change time of performance extension due project delays associated with the pervasive COVID- 19 global pandemic. Under Task 9.0 of the original scope, the CONSULTANT worked with the City to apply for construction grant funding for the project. In June 2022, the City was notified by the Washington State Department of Ecology (ECY) that the project had been awarded construction grant funding under ECY AGREEMENT WQC-2023-PoAnPW-00153, see attached Exhibit C2. The City is negotiating the terms of the Agreement with ECY and plans to execute the Grant Agreement in conjunction with this Amendment. SECTION 2 I SCOPE OF WORK The original AGREEMENT Scope of Work is amended by the addition of: TASK 10: Construction Phase Services The subtasks and deliverables included under Task 10 are defined in the Amendment 02 Scope of Work, see attached Exhibit A2, which are necessary to accommodate the design and deliverables required by ECY’s grant agreement for construction. October 18, 2022 J - 47 CONTRACT NO PSA-2020-26, AMENDMENT NO. 2 [FORM REVISED 7/2017] Page 2 of 6 NOTE: The Amendment 02 scope task numbering system is based off of ECY’s listed and numbered deliverables in the grant agreement and is not a continuation of the original scope of work task numbering system. II REVISED TIME OF PERFORMANCE To correspond with the lifespan of ECY’s construction grant agreement, the time of performance in Section IV of the original AGREEMENT, by-way-of AMENDMENT 01, is amended from: …the duration of the Agreement shall extend through December 31, 2022. to hereafter read: …the duration of the Agreement shall extend through December 31, 2024. III MAXIMUM COMPENSATION To accommodate the added work detailed in Exhibit A2, the maximum total compensation amount, defined in Section VI of the original AGREEMENT, is amended from $110,677.00 to $186,767.00; an increase of $76,090.00. The budget for each subtask under this Amendment is as set forth in the attached Exhibit B2. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to the CONSULTANT shall not exceed $186,767.00. IV EXHIBITS AND SIGNATURES This Amendment, including the following exhibits: Exhibit A2 – Amendment 02 Scope of Work, Exhibit B2 – Amendment 02 Budget, Exhibit C2 – Construction Grant Agreement, together with Amendment 01, the original Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by written amendment executed by both parties. SECTION 3 Except as modified under Amendment 01 and herein, the original AGREEMENT, as amended, is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement as of the date and year of the last signature affixed below. October 18, 2022 J - 48 CONTRACT NO PSA-2020-26, AMENDMENT NO. 2 [FORM REVISED 7/2017] Page 3 of 6 CITY OF PORT ANGELES By: _______________________________ HERRERA ENIRONMENTAL CONSULTANTS, INC. By: ________________________________ Nathan A. West City Manager Date:______________________________ Printed Name: _______________________ Title: _______________________________ APPROVED AS TO FORM: ___________________________________ City Attorney Date: _______________________________ ATTEST: ___________________________________ City Clerk October 18, 2022 J - 49 CONTRACT NO PSA-2020-26, AMENDMENT NO. 2 [FORM REVISED 7/2017] Page 4 of 6 EXHIBIT A2 AMENDMENT 02 SCOPE OF WORK October 18, 2022 J - 50 AMENDMENT 02 TO THE PSA: TASK 10 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 1 of 8 PORT ANGELES CITY HALL LID PARKING LOT RETROFIT Contract Amendment 02: Construction Phase Services PSA-2020-26 On August 17, 2022, the City of Port Angeles (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and budget for additional services to support the construction phase activities and grant deliverables for the City Hall LID Parking Lot Retrofit project (Project). Herrera will work with City staff to finalize bid documents, support the bidding process, provide construction-phase assistance, and prepare grant deliverables as outlined in this scope. NOTE: The subtask numbers herein coincide with Ecology’s construction grant agreement deliverables and are not correlated to the original scope of work numbering system. Project-level assumptions: City staff will be responsible for and prepare the following Ecology grant deliverables: o 1.1 Progress Reports (PRPR) o 2.1 Cultural Resources Review Form (completed during design phase) o 2.3 SEPA Checklist (completed during design phase) o 2.4 Final SEPA Determination (completed during design phase) o 2.5 List of Permits Acquired o 3.1 Contract Documents o 3.2 Design Report, Responses to Ecology Comments, Design Report Acceptance Letter (completed during design phase) o 3.3 90% Design Package, Responses to Ecology Comments, 90% Acceptance Letter (completed during design phase) October 18, 2022 J - 51 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 2 of 8 o 3.9 Bid Documents (e.g., bid announcement, bid tabulations, bid award) o 4.1 Construction Quality Assurance Plan (CQAP) o 4.2 Pre-Construction Conference Meeting Minutes o 4.3 Project Schedule o 4.4 Change Orders (with support from Herrera as described below) o 5.1 Construction Contract (with support from Herrera under Task 7) o 5.2 Stormwater Construction Completion Report The City will prepare any required record drawings based on redlines from the contractor and City inspector. An archaeological monitor is not required for the construction of the proposed improvements. The City will contract and manage materials testing as needed during construction. The City will coordinate with other City departments, Vern Burton Recreation Center staff, and other project stakeholders as necessary. The City will pursue and obtain any necessary local permits required for this project. The City will lead and acquire coverage under Ecology’s Construction Stormwater General Permit prior to any land disturbing activities. TASK 1.2 – R ECIPIENT C LOSEOUT REPORT Herrera will complete a draft recipient closeout report, per Ecology’s template, for City review and input. Herrera will incorporate comments and finalize the contents of the report for insertion into the EAGL form. Assumptions City will input contents of report into EAGL form. No meetings included in this task. October 18, 2022 J - 52 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 3 of 8 Deliverables Draft and Final Recipient Closeout Report (.docx) TASK 2.2 – INADVERTENT D ISCOVERY P LAN (IDP) Herrera will prepare an IDP in Ecology’s current template, upload to EAGL for Ecology’s review, and include in the final bid documents for the Contractor’s reference. Assumptions Ecology will provide current contact information for Ecology and Tribal contacts. City staff will provide current contact information for applicable contacts. No new archaeological information will be needed, project-specific information will be gleaned from the previous IDP prepared during the design-phase. No meetings included in this task. Deliverables Draft and Final IDP (.docx, .pdf) TASK 3.4 – PRELIMINARY NEW/REDEVELOPMENT A REA Herrera will calculate the preliminary new/redevelopment area per the calculations in section 4.1 of the Stormwater Design Deliverables Guidance document published by Ecology. Herrera will write a brief memo to document the calculations and upload to EAGL for Ecology’s review. Assumptions Herrera will calculate the water quality and water quantity benefits once based on the improvements included in the final bid documents. No meetings included in this task. Deliverables Memo with calculations (.pdf) October 18, 2022 J - 53 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 4 of 8 TASK 3.5 – PRELIMINARY PROJECT AREA S HAPEFILE Herrera will prepare a project area shapefile with the attributes outlined in section 7.2 of the Stormwater Design Deliverables Guidance document published by Ecology. Herrera will upload the shapefile to EAGL for Ecology’s use. Assumptions Attributes to be included in the shapefile include: o Project ID (agreement number) o Contributing area in acres o Pollution Generating Impervious Surface in acres o Runoff Treatment benefit in acres from equivalent new/redevelopment area determination (calculated under task 3.4) o BMP name consistent with the SWMMWW No meetings included in this task. Deliverables Project area and BMP footprint shapefiles (. shp, .mxd, .zip) TASK 3.6 – FINAL BID PACKAGE Herrera will progress the design from the 90% design package to the 100% design level and produce bid-ready plans, specifications, and estimate. Herrera will incorporate City comments, add detail, and refine the design of the components included in the 90% design documents. Assumptions Herrera will attend up to 3 virtual meetings with City staff (up to 2 hours each) City comments on the 90% design documents will not result in significant changes to the proposed improvements/design. The City will provide a lighting design to be included in the bid documents. All electrical engineering and electrical components will be designed, specified, estimated by the City. October 18, 2022 J - 54 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 5 of 8 Herrera will coordinate with the City design lead to site light pole foundations. Herrera will not design light pole foundations. Herrera will refine the rainwater harvesting system design to provide passive (non- pumped) irrigation to the bioretention cell. No pumping or filtration components will be included. Herrera will provide layout, content, and construction details for 1 interpretive sign to be installed adjacent to the proposed stormwater facilities in up to two locations. These signs will each have the same graphics showcasing the stormwater management BMPs installed onsite (permeable pavement, bioretention, rainwater harvesting, subsurface detention/water storage), highlight their benefits, and show a connection to Peabody Creek. Herrera will prepare one draft layout for City review/input and will prepare one final design based on feedback on the draft layout. Deliverables Draft Bid Documents (.pdf) o Drawings (up to 30 sheets) o Specifications o Engineer’s Estimate Final Bid Documents (.pdf, .dwg) o Drawings (up to 30 sheets) o Specifications o Engineer’s Estimate Draft and Final Interpretive Sign Layouts (.pdf) Meeting Minutes (.docx, .pdf) Invoices and Progress Reports (.pdf) TASK 3.7 – RESPONSES TO ECOLOGY C OMMENTS Herrera will address Ecology’s comments received on the Final Bid Documents (prepared under task 3.6), prepare a comment response memo, and update the Final Bid Documents as needed. October 18, 2022 J - 55 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 6 of 8 Assumptions Ecology’s comments on the Final Bid Documents will not result in significant changes to the proposed improvements/design. Herrera will attend up to 1 virtual meeting (up to 2 hours) Deliverables Comment Response Memo (.pdf) – if necessary Updated Final Bid Documents (.pdf) – if necessary TASK 4.4 – CHANGE ORDERS Herrera will support the City’s construction inspector and project manager to review and evaluate civil engineering and landscape architecture related change orders that may come up during construction. Assumptions No site visits are necessary to support this task. Deliverables Review/feedback on change order proposals (email, .pdf) TASK 6.1 – FACILITY O PERATIONS & M AINTENANCE P LAN Herrera will prepare an Operations and Maintenance Plan for the proposed stormwater management BMPs included in the Final Bid Documents. This plan will include a narrative of how the BMPs work together and facility-specific maintenance activities recommended for each BMP. Assumptions BMP-specific operations and maintenance guidance will be developed from the information included in the SWMMWW October 18, 2022 J - 56 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 7 of 8 Irrigation system components will not be included in the Operations and Maintenance Plan. Lighting and electrical components will not be included in the Operations and Maintenance Plan. Deliverables Draft and Final Operations and Maintenance Plan (.pdf) TASK 6.2 – FINAL E QUIVALENT N EW/REDEVELOPMENT AREA Herrera will calculate the final new/redevelopment area per the calculations in section 4.1 of the Stormwater Design Deliverables Guidance document published by Ecology. Herrera will write a brief memo to document the calculations and upload to EAGL for Ecology’s review. Assumptions Herrera will calculate the water quality and water quantity benefits once based on the improvements included in the final bid documents, incorporating any changes that occurred during construction. No meetings included in this task. Deliverables Memo with calculations (.pdf) TASK 6.3 – FINAL P ROJECT S HAPEFILE Herrera will prepare a project area shapefile with the attributes outlined in section 7.2 of the Stormwater Design Deliverables Guidance document published by Ecology. Herrera will upload the shapefile to EAGL for Ecology’s use. Assumptions Attributes to be included in the shapefile include: o Project ID (agreement number) October 18, 2022 J - 57 SCOPE OF WORK vm Amendment2_Scope_REV1 (002).docx September 23, 2022 Page 8 of 8 o Contributing area in acres o Pollution Generating Impervious Surface in acres o Runoff Treatment benefit in acres from equivalent new/redevelopment area determination (calculated under task 3.4) o BMP name consistent with the SWMMWW No meetings included in this task. TASK 6.4 – OUTCOME SUMMARY R EPORT Herrera will complete a draft outcome report, per Ecology’s template, for City review and input. Herrera will incorporate comments and finalize the contents of the report for submittal to Ecology. Assumptions No meetings included in this task. Deliverables Draft and Final Outcome Summary Report (.docx) TASK 7.0 – DIRECTED S ERVICES Herrera will provide additional support to the City for this project as needed, with staff time and expenses not to exceed the task budget. Assumptions Herrera will only perform work if requested by the City October 18, 2022 J - 58 CONTRACT NO PSA-2020-26, AMENDMENT NO. 2 [FORM REVISED 7/2017] Page 5 of 6 EXHIBIT B2 AMENDMENT 02 BUDGET October 18, 2022 J - 59 Herrera Environmental Consultants 9/23/2022 Cost Estimate for Port Angeles City Hall LID Retrofit - Construction Phase Services Herrera Project No. 20-07363-000 Task No.1.2 2.2 3.4 3.5 3.6 3.7 4.4 6.1 6.2 6.3 6.4 7.0 Herrera Labor based on: Burdened Labor Rates Recipient Closeout Report Update IDP Preliminary New/Redevelopm ent Area Preliminary Project Area Shapefile Final Bid Package Responses to Ecology Comments Change Orders Facility Operations and Maintenance Plan Final Equivalent New/Redevelopm ent Area Final Project Shapefile Outcome Summary Report Directed Services Task Start Date 11/1/2023 11/1/2022 1/1/2023 3/1/2023 11/1/2022 2/1/2023 6/1/2023 11/1/2023 11/1/2023 11/1/2023 11/1/2023 3/1/2023 Task End Date 12/31/2023 12/1/2022 3/1/2023 4/3/2023 2/1/2023 3/1/2023 11/1/2023 12/31/2023 12/31/2023 12/31/2023 12/31/2023 12/31/2023 Staff Title 2022 Burdened Labor Rates Webb, Christopher Engineer VI $274.75 0 0 0 0 7 0 1 0 0 0 0 0 8 Mitchell, Colleen Engineer V $223.07 2 1 0 0 49 7 12 6 1 1 2 0 81 Dhital, Satya Engineer II $150.09 4 0 2 2 50 6 8 12 2 0 6 0 92 Vayanos, Stacy Landscape Architect III $145.95 0 0 0 0 66 0 8 0 0 0 0 0 74 Forester, Kate Landscape Architect IV $185.02 0 0 0 0 16 0 4 0 0 0 0 0 20 Witzel, Conan CAD Technician IV $161.81 0 0 0 0 26 2 0 0 0 0 0 0 28 Rudnick, Tracy Project Accountant IV $154.61 0 0 0 0 8 0 0 0 0 0 0 0 8 Crickmore, Ian David GIS Analyst IV $162.22 0 0 0 4 0 0 0 0 0 2 0 0 6 Taylor, Randall Landscape Architect III $150.37 0 0 0 0 8 0 0 0 0 0 0 0 8 Gleason, Rayna Landscape Designer II $123.52 0 0 0 0 52 0 0 0 0 0 0 0 52 Total Hours per Task 6 1 2 6 282 15 33 18 3 3 8 377 Subtotal Labor $1,047 $223 $300 $949 $46,021 $2,786 $6,060 $3,140 $523 $548 $1,347 $10,000 $72,943 Subtotal Herrera Labor $1,047 $223 $300 $949 $46,021 $2,786 $6,060 $3,140 $523 $548 $1,347 $10,000 $72,943 5% Escalation on Herrera Labor in 2023 $52 $11 $15 $47 $2,301 $139 $303 $157 $26 $27 $67 $0 $3,147 Escalated Subtotal Herrera Labor $1,099 $234 $315 $997 $48,322 $2,925 $6,363 $3,297 $549 $575 $1,414 $10,000 $76,090 Grand Subtotal $1,099 $234 $315 $997 $48,322 $2,925 $6,363 $3,297 $549 $575 $1,414 $10,000 $76,090 Grand Total $76,090 Schedule Total October 18, 2022 J - 60 CONTRACT NO PSA-2020-26, AMENDMENT NO. 2 [FORM REVISED 7/2017] Page 6 of 6 EXHIBIT C2 CONSTRUCTION GRANT AGREEMENT October 18, 2022 J - 61 Agreement WQC‐2023‐PoAnPW‐00153 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY” and the City of Port Angeles, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds, the activities described herein. GENERAL INFORMATION Project Title: City Hall Parking Lot LID Retrofit Total Cost: $1,214,536.25 Total Eligible Cost: $1,182,853.69 Ecology Share: $1,005,426.00 Recipient Share: $177,427.69 The Effective Date of this Agreement is: 07/01/2022 The Expiration Date of this Agreement is no later than: 01/31/2025 Project Type: Stormwater Facility Project Short Description: (500‐character limit, includes spaces) This project will improve water quality in Peabody Creek through installation of various stormwater Best Management Practices (BMPs) at City Hall in the City of Port Angeles. This project will provide treatment for total suspended solids (TSS), dissolved copper, and dissolved zinc and will reduce flows to Peabody Creek by increasing stormwater detention. The project will also act as an educational resource for property developers and the public in Port Angeles. Project Long Description: (4,000‐character limit, includes spaces) The City Hall Parking Lot LID project will improve water quality and reduce peak flows to Peabody Creek by treating approximately 1‐acre of the City Hall parking lot and adjacent roadway. Currently untreated stormwater runoff from the project area flows to catch basins that drain to the City's municipal storm system and discharge directly to Peabody Creek. Peabody Creek is a 303(d) category 5 impaired water body for turbidity, temperature, bioassessment, bacteria, October 18, 2022 J - 62 Agreement No: WQC-2023-PoAnPW-00153 Page 2 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o and pH. This construction project is a continuation of the design only grant WQSWPC‐2016‐PoAnPW‐00001 and will incorporate the Design Report and 90% Design Package accepted by Ecology earlier. The RECIPIENT will construct bioretention, permeable pavement, and install a rainwater cistern that will slow and treat stormwater runoff from commercial areas with high traffic volume and high concentrations of pollution‐generating impervious surfaces. Due to minimal infiltration capacity of the native soils, an underdrain will route stormwater from the permeable pavement to the bioretention facilities for treatment. The project will improve water quality by reducing the import of total suspended solids and other pollutants into Peabody Creek. Additionally, being centrally located within Port Angeles, at City Hall, and within rural Clallam County, this project will serve as a stormwater management showcase to the community. It will also be a resource for property developers, contractors, and design engineers seeking to meet minimum stormwater management requirements on future projects that discharge to local waterbodies and are challenged by site constraints. Overall Goal: (1,000‐character limit, includes spaces) This project will help protect and restore water quality in Washington State by reducing stormwater impacts from existing infrastructure and development. October 18, 2022 J - 63 Agreement No: WQC-2023-PoAnPW-00153 Page 3 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o RECIPIENT INFORMATION Organization Name: City of Port Angeles – Public Works Mailing Address: 321 East 5th Street Port Angeles, Washington 98362‐0217 Physical Address: 321 East 5th Street Port Angeles, Washington 98362‐0217 Organization Email: Publicworks@cityofpa.us Contacts Project Manager Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles, Washington 98362‐0217 (360) 417‐4701 Vmcintyr@cityofpa.us Authorized Signatory Nathan West City Manager 321 East 5th Street Port Angeles, Washington 98362‐0217 (360) 417‐4751 Nwest@cityofpa.us Billing Contact Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles, Washington 98362‐0217 (360) 417‐4701 Vmcintyr@cityofpa.us October 18, 2022 J - 64 Agreement No: WQC-2023-PoAnPW-00153 Page 4 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504‐7600 Physical Address: Department of Ecology 300 Desmond Drive SE Lacey, WA 98503 Contacts Project Manager Charlie Hohlbein Financial Manager Michelle Myers Technical Advisor Doug Howie October 18, 2022 J - 65 Agreement No: WQC-2023-PoAnPW-00153 Page 5 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. Washington State Department of Ecology City of Port Angeles _________________________________ _______________________________ Vincent McGowan Date Nathan West Date Water Quality City Manager Program Manager ___________________________________ Additional City Signatories Date Email Address: October 18, 2022 J - 66 Agreement No: WQC-2023-PoAnPW-00153 Page 6 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 1 Task Cost: $5,000.00 Task Title: Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up‐to‐date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and two‐page Outcome Summary Report. * Properly maintained project documentation. Grant and Loan Administration Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form). October 18, 2022 J - 67 Agreement No: WQC-2023-PoAnPW-00153 Page 7 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 2 Task Cost: $2,000.00 Task Title: Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review. Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential affects to cultural resources. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. To initiate cultural resources review: 1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on‐site. The IDP template may be found on the ECOLOGY website. B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will also upload the final SEPA determination. C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. October 18, 2022 J - 68 Agreement No: WQC-2023-PoAnPW-00153 Page 8 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Cultural and Environmental Review, and Permitting Deliverables Number Description Due Date 2.1 ECOLOGY Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. DO NOT upload the cultural resources form or documentation to EAGL. 2.2 Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY Project Manager for review. Upload to EAGL once review is complete. 2.3 SEPA Checklist. Upload the checklist, or other documentation for projects considered exempt from SEPA review, to EAGL and notify ECOLOGY when official comment period begins 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY when upload is complete 2.5 List of permits acquired. Upload to EAGL and notify ECOLOGY when upload is complete. October 18, 2022 J - 69 Agreement No: WQC-2023-PoAnPW-00153 Page 9 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 3 Task Cost: $53,000.00 Task Title: Design Plans and Specifications Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A. The RECIPIENT will upload the accepted design report along with the associated responses to ECOLOGY comments and the ECOLOGY acceptance letter. B. The RECIPIENT will upload the accepted 90% design package, along with the associated response to ECOLOGY comments and the ECOLOGY acceptance letter. C. The RECIPIENT will calculate and submit a preliminary equivalent new/re‐development area for the completed design using the methods outlined in the Design Deliverables Document. D. The RECIPIENT will submit a preliminary GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY‐approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. E. The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package Acceptance Letter prior to advertising the project. Task Goal Statement: The RECIPIENT will complete all design task Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. October 18, 2022 J - 70 Agreement No: WQC-2023-PoAnPW-00153 Page 10 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Design Plans and Specifications Deliverables Number Description Due Date 3.1 Contract documents (if contracting out for design). Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 Design Report, responses to ECOLOGY comments, and Design Report Acceptance letter. Upload to EAGL and notify ECOLOGY when complete. 3.3 90 Percent Design Package, responses to ECOLOGY comments, and 90% Acceptance Letter. Upload to EAGL and notify ECOLOGY when complete. 3.4 Preliminary equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. 3.5 Preliminary project area shapefile, geodatabase file, or ECOLOGY‐approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 3.6 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 3.7 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 3.9 Bid documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY when uploaded. SCOPE OF WORK October 18, 2022 J - 71 Agreement No: WQC-2023-PoAnPW-00153 Page 11 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Task Number: 4 Task Cost: $10,000.00 Task Title: Construction Management Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. C. The RECIPIENT will conduct a pre‐construction conference meeting and invite ECOLOGY to attend. D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur. E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY‐ accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Construction Management Deliverables Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre‐Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY when upload is complete. 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. October 18, 2022 J - 72 Agreement No: WQC-2023-PoAnPW-00153 Page 12 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 5 Task Cost: $1,106,853.69 Task Title: Construction Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will complete construction of the project in accordance with ECOLOGY‐accepted plans and specifications. The construction project will include installation of Bioretention, permeable pavement facilities, as well a rainwater cistern to mitigate runoff from approximately 1‐acre of pollution‐generating impervious surfaces. B. Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. Task Goal Statement: Construction of the project in accordance with ECOLOGY‐accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper, and dissolved zinc. Construction Deliverables Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. October 18, 2022 J - 73 Agreement No: WQC-2023-PoAnPW-00153 Page 13 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o SCOPE OF WORK Task Number: 6 Task Cost: $6,000.00 Task Title: Project Close Out Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long‐term activities to assure ongoing pollutant removal and flow‐control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. B. The RECIPIENT will calculate and submit a final equivalent new/re‐development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C. The RECIPIENT will submit the final GIS compatible project area in shapefile, geodatabase file, or ECOLOGY‐approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. D. The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1. E. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two‐ page Outcome Summary Report. * Proper maintenance of the constructed facility to maintain water quality benefits. Project Closeout Deliverables Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.2 Final, as constructed, equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. 6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY‐ approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.4 Outcomes Summary. Upload to EAGL and notify ECOLOGY when upload is complete. October 18, 2022 J - 74 Agreement No: WQC-2023-PoAnPW-00153 Page 14 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o BUDGET (EAGL WILL GENERATE THIS SECTION BASED ON PROJECT TYPE/PARAMETERS, ETC. IT MIGHT BE HELPFUL FOR THE RECIPIENT TO USE THE BUDGET TABLE TO PLAN OUT THEIR BUDGET). Funding Distribution Funding Title: SFAP Funding Type: Grant Funding Effective Date: 07/01/2022 Funding Expiration Date: Funding Source: State – Stormwater Financial Assistance Program Recipient Match %: 15 InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Indirect Rate: max 30% Supporting documentation must be uploaded to EAGL. Rate will be indicated in your agreement. Stormwater Financial Assistance Program Task Total Recipient Amount ECY Amount 1. Grant and Loan Administration $5,000.00 $750.00 $4,250.00 2. Cultural, Environmental Review, and Permitting $2,000.00 $300.00 $1,700.00 3. Design Plans and Specifications $53,00.00 $7,949.98 $45,050.02 4. Construction Management $10,000.00 $1,500.00 $8,500.00 5. Construction $1,106,853.69 $166,027.71 $940,825.98 6. Project Close Out $6,000.00 $900.00 $5,100.00 Total $1,182,853.69 $177,427.69 $1,005,426.00 Funding Distribution Name Recipient Match Recipient Share Ecology Share Total SFAP 15% $ $ $ Total $ $ $ October 18, 2022 J - 75 Agreement No: WQC-2023-PoAnPW-00153 Page 15 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173‐98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. “Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Centennial Clean Water Program” means the state program funded from various state sources. “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost‐efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173‐98‐730 WAC. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred. “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge. “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT. “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements. October 18, 2022 J - 76 Agreement No: WQC-2023-PoAnPW-00153 Page 16 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower. “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan. “Loan Term” means the repayment period of the loan. October 18, 2022 J - 77 Agreement No: WQC-2023-PoAnPW-00153 Page 17 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents. “Principal and Interest Account” means, for a loan that constitutes Revenue‐Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue‐Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk‐Based Determination” means an approach to sub‐recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project. “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement. “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. October 18, 2022 J - 78 Agreement No: WQC-2023-PoAnPW-00153 Page 18 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o “Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those October 18, 2022 J - 79 Agreement No: WQC-2023-PoAnPW-00153 Page 19 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468‐100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as October 18, 2022 J - 80 Agreement No: WQC-2023-PoAnPW-00153 Page 20 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o one involving a lease or a term‐limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website. D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the registration process online at: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES Payee Help Desk at (360) 407‐8180or payeehelpdesk@watech.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre‐approved by ECOLOGY’s project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site‐specific locations must utilize appropriately sized and weather‐resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long‐term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may October 18, 2022 J - 81 Agreement No: WQC-2023-PoAnPW-00153 Page 21 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. 2. “Section 319 Initial Data Reporting” form in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using‐epa‐seal‐and‐logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non‐English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close‐out. ECOLOGY may hold reimbursements until the RECIPIENT has October 18, 2022 J - 82 Agreement No: WQC-2023-PoAnPW-00153 Page 22 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one‐time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting”. B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)‐‐Public Law 91‐ 646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100‐17‐1987, and applicable regulations and procedures of the federal agency implementing that Act. C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF‐SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF‐SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at: https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: October 18, 2022 J - 83 Agreement No: WQC-2023-PoAnPW-00153 Page 23 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non‐discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. October 18, 2022 J - 84 Agreement No: WQC-2023-PoAnPW-00153 Page 24 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non‐MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e‐mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non‐MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel‐Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101‐391, as amended). Recipients may search the Hotel‐Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT’s Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form 5. CWSRF Federal Reporting Information form available in EAGL October 18, 2022 J - 85 Agreement No: WQC-2023-PoAnPW-00153 Page 25 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE‐2011‐title40/pdf/USCODE‐2011‐title40‐subtitleI‐ chap11.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately‐owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately‐owned utilities engaged in the operation of like systems, or it shall self‐insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. October 18, 2022 J - 86 Agreement No: WQC-2023-PoAnPW-00153 Page 26 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation‐ secured loans and general obligation payable from special‐assessment‐secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. October 18, 2022 J - 87 Agreement No: WQC-2023-PoAnPW-00153 Page 27 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 4. For Revenue‐Secured: Lien Position. This loan is a Revenue‐Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504‐7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement. October 18, 2022 J - 88 Agreement No: WQC-2023-PoAnPW-00153 Page 28 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. October 18, 2022 J - 89 Agreement No: WQC-2023-PoAnPW-00153 Page 29 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o N. Prevailing Wage (Davis‐Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis‐Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis‐Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis‐Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: ‐ The Davis‐Bacon Act, 29 CFR (If applicable) ‐ Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) ‐ The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. October 18, 2022 J - 90 Agreement No: WQC-2023-PoAnPW-00153 Page 30 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the DEPARTMENT. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer‐Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer‐use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under October 18, 2022 J - 91 Agreement No: WQC-2023-PoAnPW-00153 Page 31 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. October 18, 2022 J - 92 Agreement No: WQC-2023-PoAnPW-00153 Page 32 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User‐Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user‐charge system and shall adopt a system of user‐charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user‐charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user‐charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. October 18, 2022 J - 93 Agreement No: WQC-2023-PoAnPW-00153 Page 33 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070‐395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ∙ Receives more than $30,000 in federal funds under this award. ∙ Receives more than 80 percent of its annual gross revenues from federal funds. ∙ Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the requiredError! Hyperlink reference not valid. Unique Entity Identifier in www.SAM.gov within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115‐232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) exclusion list. October 18, 2022 J - 94 Agreement No: WQC-2023-PoAnPW-00153 Page 34 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web‐based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 21‐02, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. October 18, 2022 J - 95 Agreement No: WQC-2023-PoAnPW-00153 Page 35 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586‐3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. October 18, 2022 J - 96 Agreement No: WQC-2023-PoAnPW-00153 Page 36 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o g) RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W‐9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407‐8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. October 18, 2022 J - 97 Agreement No: WQC-2023-PoAnPW-00153 Page 37 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi‐judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04‐03‐030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. October 18, 2022 J - 98 Agreement No: WQC-2023-PoAnPW-00153 Page 38 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research‐Data/Data‐resources/Geographic‐Information‐Systems‐GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority‐owned (MBE) and women‐ owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. October 18, 2022 J - 99 Agreement No: WQC-2023-PoAnPW-00153 Page 39 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866‐208‐1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. October 18, 2022 J - 100 Agreement No: WQC-2023-PoAnPW-00153 Page 40 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. October 18, 2022 J - 101 Agreement No: WQC-2023-PoAnPW-00153 Page 41 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197‐11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. October 18, 2022 J - 102 Agreement No: WQC-2023-PoAnPW-00153 Page 42 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o a) Sustainable practices may include such activities as: use of clean energy, use of double‐sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post‐consumer recycled paper. For more suggestions visit ECOLOGY’s web page: Green Purchasing, , https://ecology.wa.gov/Regulations‐Permits/Guidance‐technical‐assistance/Sustainable‐purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non‐Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non‐Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. October 18, 2022 J - 103 Agreement No: WQC-2023-PoAnPW-00153 Page 43 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. October 18, 2022 J - 104 Agreement No: WQC-2023-PoAnPW-00153 Page 44 of 44 Project Title: City Hall Parking Lot LID Retrofit Recipient Name: City of Port Angeles o October 18, 2022 J - 105 January -August 2022 Building Report Update JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Total NEW CONSTRUCTION 0 0 0 0 0 0 0 1 0 0 0 0 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $721,500.00 $0.00 $0.00 $0.00 $0.00 $721,500 REPAIR AND ALTERATION 6 11 9 7 7 5 13 14 0 0 0 0 72 $435,035.00 $2,435,793.00 $758,052.00 $1,960,236.00 $1,058,262.00 $2,465,383.00 $652,613.00 $1,644,339.00 $0.00 $0.00 $0.00 $0.00 $11,409,713 NEW CONST. 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 REPAIR AND ALTERATION 0 0 0 0 0 0 1 0 0 0 0 0 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,450,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,450,000 NEW CONSTRUCTION 0 0 0 1 0 0 0 0 0 0 0 0 1 $0.00 $0.00 $0.00 $60,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $60,000 REPAIR AND ALTERATION 0 0 0 0 0 0 1 0 0 0 0 0 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000 NEW MULTI FAMILY 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 NEW MANUFACTURED HOME 0 0 0 0 0 1 1 0 0 0 0 0 2 $0.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 $180,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $480,000 NEW SINGLE FAMILY RESIDENCE 2 6 8 4 3 4 2 3 0 0 0 0 32 $188,000.00 $1,193,918.00 $1,623,118.00 $647,136.00 $750,000.00 $815,472.00 $315,928.00 $818,212.00 $0.00 $0.00 $0.00 $0.00 $6,351,784 NEW ACCESSORY STRUCTURE 0 0 0 1 0 0 0 2 0 0 0 0 3 $0.00 $0.00 $0.00 $208,820.00 $0.00 $0.00 $0.00 $56,440.00 $0.00 $0.00 $0.00 $0.00 $265,260 REPAIR AND ALTERATION 18 21 59 31 34 22 62 52 0 0 0 0 299 $137,362.00 $828,583.00 $478,142.00 $218,553.00 $920,861.00 $649,576.00 $757,022.00 $652,578.00 $0.00 $0.00 $0.00 $0.00 $4,642,677 0 0 1 0 1 1 0 1 0 0 0 0 4 $0.00 $0.00 $60,000.00 $0.00 $100,000.00 $20,000.00 $0.00 $24,000.00 $0.00 $0.00 $0.00 $0.00 $204,000 Total Permits Issued:26 38 77 44 45 33 80 73 0 0 0 0 416 Total Construction Valuation:$760,397.00 $4,458,294.00 $2,919,312.00 $3,094,745.00 $2,829,123.00 $4,250,431.00 $5,505,563.00 $3,917,069.00 $0.00 $0.00 $0.00 $0.00 $27,734,934 0 0 0 0 0 0 0 0 0 0 0 0 0 $6,980.25 $49,346.17 $34,258.51 $34,983.24 $22,061.69 $24,226.54 $30,163.81 $48,515.26 $250,535.47 DEMOLITION AND MOVING CERTIFICATES OF OCCUPANCY Public Comm. Ind. Res. PERMIT FEES PAID October 18, 2022 L - 1 Date: October 18, 2022 To: Mayor Dexter, Deputy Mayor Meyer, Councilmember Carr, Councilmember French, Councilmember McCaughan, Councilmember Schromen-Wawrin, Councilmember Suggs From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts - September JULY 2022 AUGUST 2022 SEPTEMBER 2022 AMOUNT CHANGE % CHANGE AUG - SEP Number of Customers Past Due 1,536 1,410 1,468 58 4.11% Number of Disconnections for Non-payment - - - - N/A 60 days past due amount 223,242.87 138,775.35 136,992.96 (1,782.39) -1.28% 90 days past due amount 98,783.52 109,809.91 93,817.10 (15,992.81) -14.56% 120 days past due amount 1,219,994.13 1,179,580.48 1,153,886.84 (25,693.64) -2.18% Total amount past due 1,542,020.52 1,428,165.74 1,384,696.90 (43,468.84) -3.04% Total Additional Payment Plan Agreements 60 39 29 (10) -25.64% CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS AUGUST 2022 - SEPTEMBER 2022 -20.0% -15.0% -10.0% -5.0% 0.0% 5.0% - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 60 days past due amount 90 days past due amount 120 days past due amount Total amount past due AUGUST 2022 -SEPTEMBER 2022 PAST DUE AMOUNTS JULY 2022 AUGUST 2022 SEPTEMBER 2022 AMOUNT CHANGE % CHANGE AUG - SEP October 18, 2022 L - 2