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HomeMy WebLinkAboutCC Agenda Packet 08152023/%' %f i��rLriG/� i August 15, 2023 City of Port Angeles Council Meeting Agenda This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City staff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 51 Street, Port Angeles, or remotely via telephone or video link. 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 C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly and timely manner. Visit https://www.cityoofpa.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(d),citvo ams, 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, August 15, 2023. For audio only call: 1-844-992-4726 Webinar number: 2552 236 3096 Webinar password: HRwAD2URT98 (47923287 from phones and video systems) Join through the Webex link: https://cityoofpa.webex. corn/cityofpa/i .phhp?MTID=m56d7ff,i954bc7fb79c9fl6c6O5 ee ll eb I Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the Tuesday, August 15, 2023 meeting only. If you have joined through the link and wish to make a comment or public testimony, please use the "raise your hand" feature in Webex. Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment." During the "Public Comment" portion of the meeting, individuals may speak to agenda items, except those scheduled for a Public Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 people are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference given to those who wish to speak to an item on the meeting's agenda. If time remains, the presiding officer will call other individuals wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for additional unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent connection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 August 15, 2023 Port Angeles City Council Meeting Page 1 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda I Approve 1. City Council Minutes of July 18 2023 /Approve............................................................................................................E-1 2. Expenditure Report: From July 22, 2023 to August 4, 2023 in the amount of $3,583,942.72 /Approve ........................E-6 3. Hearings Examiner / 1) Ratify the contract with Trebucket Legal Consulting, LLC for Hearing Examiner services, in accordance with Section 2.18.020 of the Port Angeles Municipal Code and 2) authorize the City Manager to make minor modifications as necessary . ............................................................................................................................................. E-23 4. Salt Storage Building Purchase / 1) Approve the procurement of a Salt Storage Shelter from the Sourcewell Cooperative purchasing contract #110822-CSS in an amount not to exceed $62, 000 and 2) authorize the City Manager to execute a purchase contract and to make minor modifications if necessary................................................................................... E-33 5. Stonegarden Grant Agreement / Authorize the City Manager, Finance Director and Police Chief to sign relevant portions of the agreement with the State of Washington and Clallam County...................................................................................E-35 6. 2025 Comprehensive Plan Periodic Update Grant / 1) Authorize City staff to submit a Periodic Update Grant Application to the Washington State Department of Commerce as soon as the application is prepared and 2) authorize the Mayor to sign the letter to the Department of Commerce authorizing the grant submittal.......................................................................... E-84 7. Material Purchase: Electrical Underground Cables / 1) Award a purchase contract to WESCO Distribution, Inc. for 15, 000 feet of electrical underground cable at a price of $93,350.40 including sales tax, and 2) authorize the City Manager to execute a contract for the purchase and to make minor modifications to the contract as necessary .............................. E-86 8. Hamilton School Directional Bore - Bid Rejection — CON-2023-27/ 1) Reject all bids received for the Hamilton School Directional Bore, CON-2023-27 and 2) direct staff to re-evaluate the project for inclusion in a 2024 directional bore project. ......................................................................................................................................................................................... E-88 9. Pedestrian Light Fixtures - Bid Rejection — MEC-2023-25 / 1) Reject all bids received for the Pedestrian Light Fixtures, MEC-2023-25 and 2) direct staff to re -bid for only the downtown pedestrian light futures at this time ........................ E-90 F. Public Hearings 16:30 p.m. or Soon Thereafter G. Ordinances Not Requiring Council Public Hearings 1. Title 17 Municipal Code Amendments No. 23-41 / Conduct 1st Reading / Waive 2"a Reading /Adopt Ordinance....... G-1 2 2' Budget Amendment to the 2023 Budget / Conduct 2' Reading /Adopt Ordinance ................................................. G-37 3. Port Angeles Municipal Code Re -Envisioning Updated Fee Schedule / Conduct 1' Reading / Continue to September 5 G-46 H. Resolutions Not Requiring Council Public Hearing 1. Resolution on Lodging Tax Policy and Fund Disbursement Scoring Criteria / Pass Resolution....................................H-1 I. Other Considerations 1. Recommendation— Opioid Settlement City Council Subcommittee / Award.................................................................I-1 J. Contracts & Purchasing 1. College Substation Load Tap Changer Replacement —Contract Award/ Award and Authorize .................................... J-1 2. Class B Biosolids to Beneficial Use / Approve and Authorize........................................................................................ J-3 K. Council Reports L. Information City Manager Reports: 1. Past Due Utility Account Report .....................................................................................................................................L-1 2. Short Term Rental GOVOS Update...............................................................................................................................L-2 August 15, 2023 Port Angeles City Council Meeting Page 2 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. August 15, 2023 Port Angeles City Council Meeting Page 3 CITY COUNCIL MEETING Port Angeles, Washington July 18, 2023 This meeting was conducted as a hybrid meeting. CALL TO ORDER JOINT SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:00 p.m. City Council Members Present: Mayor Dexter, Council Members Carr, McCaughan, Schromen-Wawrin and Suggs. Council Members Absent: Deputy Mayor Meyer and Council member Miller. Clallam County Commissioners Present: Commissioner and Chair Ozias, Commissioners French and Johnson. City Staff Present: City Manager West, Assistant City Attorney Cowgill, Clerk Martinez -Bailey, B. Smith, S. Carrizosa, M. Healy, and K. Hatton. Clallam County Staff Present: R. Cameron, R. Turner, and B. King. JOINT SPECIAL MEETING — CITY COUNCIL AND COUNTY COMMISSIONERS City of Port Angeles Public Works and Utilities Director Mike Healy provided project management updates and information relative to the County and City's roles in design effort, with Clallam County Undersheriff Ron Cameron as Project Director and Director Healy as the City's representative. City Attorney William Bloor spoke about the process and provided information on Tenants in Common and outlined a number of issues that will need to be addressed relative to joint occupancy. He spoke about general maintenance agreement matters that should be addressed in a long-term agreement and said current work on a draft agreement was underway and that it would come back for approval. Clallam County Undersheriff Cameron and PenCom Deputy Director Karl Hatton spoke about details of the project, for the 9-1-1 dispatch space, convenient location near the airport, and the potential for expansion in the future if needed. At 5:18 p.m., the Mayor opened the matter up for discussion. Joint discussion followed. Attorney Bloor suggested next steps relative to short-term or immediate actions that may need to be addressed until the management agreement was in place. City Manager Nathan West confirmed the management agreement authorized by City Council had been signed. -Continued discussion followed. It was moved by Dexter and seconded by Carr to: Authorize the City Manager to work with the County for the short-term needs, and who should carry them out, until a management agreement is in place. Motion carried 5-0. ADJOURNMENT Mayor Dexter adjourned the Special Meeting at 5:48 p.m. CALL TO ORDER -REGULAR MEETING Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. It was moved by Schromen-Wawrin and seconded by Carr to: Excuse Deputy Mayor Meyer and Council member Miller from the meeting. Motion carried 5-0. ROLL CALL Members Present: Mayor Dexter, Council Members Carr, McCaughan, Schromen-Wawrin and Suggs. Members Absent: Deputy Mayor Meyer, Council member Miller. August 15, 2023 E - 1 PORT ANGELES CITY COUNCIL MEETING - July 18, 2023 Staff Present: City Manager West, Assistant City Attorney Cowgill, Clerk Martinez -Bailey, C. Delikat, B. Smith, S. Carrizosa, D. Sharp, and M. Healy. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Water and Wastewater Recognition Mayor Dexter read a proclamation recognizing and congratulating the City's water and wastewater teams on the occasion of State of Washington recognition of exemplary operations. Directly Healy presented the award to Water Treatment Plant Superintendent Benji Flores and Wastewater Treatment Plant Superintendent Tyler White. PUBLIC COMMENT Jasmine Hunt, city resident, spoke about a car accident that occurred near at the Gateway Center that damaged a fence at that location. Gayle Brauner, city resident, spoke about Roberts Rules of Order. Sammie Adolfsen, city resident, spoke about challenges with her living situation. Tammy Dziadek, city resident, spoke about drug use taking place in her neighborhood. CONSENT AGENDA At the request of Council member Suggs, Mayor Dexter pulled Item E-3 from the Consent Agenda to be considered as a separate item. It was moved by Sugg sand seconded by McCaughan to approve the Consent Agenda to include: 1. City Council Minutes of July 5, 2023 / Approve 2. Expenditure Report: From June 24, 2023 to July 7, 2023 in the amount of $2,487,491.05 / Approve 3. PULLED FROM CONSENT 4. Chip Seal -Reject Bid / Reject all the bids received for the 2023 Chip Seal Project, CON-2023-18 and direct staff to re -bid the work after completing the actions described in the memo in the Council packet. 5. Award Sidewalk Trip Hazard Removal Contract / Authorize the contract award for 2023 Sidewalk Trip Hazard Removal to Precision Concrete Cutting of Provo, UT in an amount not to exceed $50, 046.50; and authorize the City Manager to sign contract agreements and make minor modifications where necessary 6. G-2 Renewal of Ordinance to Suspend Select Permit Fees Until September 1, 2024 / Conduct 1st Reading ! Waive 2nd Reading / Adopt Ordinance 7. J-1 Wastewater Capacity Improvement Amendment Professional Services Agreement / Approve Amendment 1 to the Wastewater Capacity Improvement Design Services -Professional Services Agreement with Kennedy Jenks Consultants increasing the total contract value by $86,105.00 to a new not to exceed amount of $559, 652.00, extend the agreement expiration date to April 30, 2024, and authorize the City Manager to sign and implement the Amendment and to make minor modifications to the agreement, as necessary 8. J — 2 Ecology Pollution Prevention Assistance Grant Agreement and Acceptance / Approve Interagency Agreement No C2400027, enabling the City to receive reimbursement compensation of up to $229, 346.76 for continuing the Pollution Prevention Assistance Program over the next two years and authorize the City Manager to execute and administer Agreement and make minor modifications, as necessary 9. J— 3 PenCom Notification Software Contract / Authorize the City Manager to sign a software contract with Hiplink for a period of 5 years in an amount not to exceed $140, 000.00 and to make minor modifications if necessary 10. J-4 4. Bilateral Transfer of Energy Conservation Funds / Authorize the City Manager to negotiate and execute a bilateral transfer agreement with Eugene Water and Electric Board in an amount of $400, 000 Page 2 of 5 August 15, 2023 E - 2 PORT ANGELES CITY COUNCIL MEETING — July 18, 2023 with a return amount to the city of $100, 000 by EWEB of in the next rate period which begins on October 1, 2023, and to make minor modifications to the agreement as needed 11. J-5 Vehicle Purchase — Replacement of Fire Department Medic Unit #7201 / Approve the purchase and outfitting of a new Fire Department Medic Transport Unit and authorize the City Manager to sign a contractfor the purchase and outfitting in an amount not to exceed $230, 000.00, and make minor modifications as necessary, and authorize the City Manager to surplus the #7201 chassis once the new unit is placed into service PULLED FROM CONSENT — E-3 City Hall Parking Lot Bid Rejection It was moved by McCaughan and seconded by Schromen-Wawrin to: Reject all bids receivedfor the East City Hall Parking Lot Local Improvement District Retrofit Project, CON-2023- 28 and direct staff to re -bid the work after completing the actions identified below in this nienio. Motion carried 4-0 with Suggs recusing herself from the vote. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Second Amendment to the 2023 Budget Director Carrizosa presented the agenda item that included a first reading of a proposed ordinance that would amend the City's budget a second time. Mayor Dexter read the ordinance, by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending the City's 2023 budget for the second time. The Mayor continued the matter to the August 15 meeting. INFORMATION Manager West stated a July work session would not be scheduled and reminded Council there would not be a meeting held on the first Tuesday in August. He spoke about upcoming events at the newly opened Field Arts and Events Hall. PUBLIC HEARINGS 1. Opioid Settlement Funding Application Period Fire Chief Derrell Sharp provided background on the agenda item which included Council action and the creation of a sub -committee. Chief Sharp spoke about next steps outlined in the Council memo that included a need for Council to adopt a methodology for obtaining proposals for use of Opioid Funds and stated the fiends must be used for approved purposes as outlined in the settlement agreement. The Council adopted a methodology at its July 5th regular meeting. This methodology created a process for Council to obtain community -based input on the use of opioid settlement funding, a process for receiving funding request applications, the establishment of a sub -committee to review and recommend programs for funding to council, and the designation of the Finance Director as the City's agent for distribution of Opioid funds and required reporting. Council discussion followed. At 6:31 p.m. the Mayor opened the public hearing. After verifying there were no other public testimonies to be heard, the Mayor closed the public hearing. It was moved by Schromen-Wawrin and seconded by Carr to: After the motion was made and amended, the Council considered the following motion: Announce Council's intent to receive program proposals and establish an application deadline of Tuesday August I st at 5:00 pm., appoint a Council sub -committee for the purpose of reviewing and recommending program proposals to City Council for Opioid Settlement Funding, and inform the sub -committee of the Council's priorities for program funding, announce the August 15th City Council Meeting as the date scheduled for Opioid Settlement Funding awards, and add Council member Suggs should the committee of members of Meyer and Miller not be able to serve on the committee. Motion carried 5-0. Page 3 of 5 August 15, 2023 E - 3 PORT ANGELES CITY COUNCIL MEETING — July 18, 2023 The Mayor clarified the intention of the motion was the subcommittee would be dissolved once the final action was taken by Council. No opposition was heard. 2. Closeout Public Hearing regarding the Community Development Block Grant (CDBG) for Public Services Provided to Households Impacted by the Coronavirus Pandemic Closeout Director Carrizosa spoke about action taken by Council through a contract signed with the Department of Commerce in April of 2021 to provide community resources for rent, mortgage and utility relief to residents in Clallam County. Director Carrizosa added that the City partnered with OlyCap as the sub -recipient of this grant to distribute funding as allowed in the grant to provide rent, mortgage and utility payments to community households in need due to impacts from the coronavinis pandemic. She spoke about the CDBG grant requirements which included the City must hold a final public hearing on the project performance of this grant as part of the final closeout process. Council discussion followed. At 6:45 p.m. the Mayor opened the public hearing. After verifying there were no other public testimonies to be heard, the Mayor closed the public hearing. It was moved by Schromen-Wawrin and seconded by Suggs to: Authorize the Finance Director to sign all final closeout documents related to the CDBG grant. Motion carried 5-0. Mayor recessed the meeting for a break at 6:51 p.m. The meeting reconvened at 7:00 p.m. OTHER CONSIDERATIONS 1. Pronunciation Exercise: Pebble Beach Park - srja?ijA?ant cawrjan ?assaglurjt Guest speaker Port Angeles High School World Language Teacher Wendy Sampson provided background on the Klallam language titles given to the Pebble Beach Park and pocket beaches and shared information on the upcoming canoe journey. The Council and staff said the name of the park together along with Ms. Sampson. RESOLUTIONS NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Transportation Benefit District Tax Increase Resolution Manager West presented the agenda item. Director Carrizosa spoke about the continuation of discussion from the Strategic Planning work sessions in March and April and provided specific details about options for Council to consider. During the April 24, 2023 work session Council selected six items from this presentation and directed Staff to begin moving forward with these options for balancing the City's budget: Manager West added information on legislative action allowed for flexibility in their action. After the motion was made and seconded, Council discussion followed. It was moved by Schromen-Wawrin and seconded by Suggs to: Direct Staff to bring an ordinance back to Council at a later meeting to adopt the increase to Transportation Benefit District tax through Councilmanic action. Motion carried 5-0. OTHER CONSIDERATIONS CONTINUED 2. Discussion of Council 2024 Budget Goals Manager West presented the agenda item and said the time on the agenda was held as an opportunity for Council to discuss budget goals. He spoke about the revenue items supported by Council outlined in the Council packet, shared from a goal and policy perspective it was important for Council to have the opportunity to patriciate through their discussion and direction. Council discussion followed. CITY COUNCIL REPORTS Council member Carr spoke about a public art opportunity through the Port Angeles Fine Arts Center and spoke about the upcoming Day of Play. Page 4 of 5 August 15, 2023 E - 4 PORT ANGELES CITY COUNCIL MEETING — July 18, 2023 Council member Schromen-Wawrin spoke about an update from the Association of Washington Cities legislative committee. Council member Suggs spoke about a recent Clallam County Marine Resources Committee and a short-term rental committee meeting, and an update from the tribal community. Mayor Dexter spoke about an upcoming Fiero meeting and that she would be missing the second meeting in August. No other reports were given. SECOND PUBLIC COMMENT No public comment was received. EXECUTIVE SESSION Based on input from Assistant City Attorney Chris Cowgill, Mayor Dexter announced the need for an Executive Session under RCW 42.30.110(1)(i) to discuss potential litigation with legal counsel and closed session under authority of RCW 42.30.140(4), to discuss collective bargaining with an employee organization until 8:52 p.m. At 8:12 p.m. the City Council moved the meeting to the Jack Pittis meeting room. Based on input from staff, at 8:50 p.m., the City Clerk announced the need for an additional 15 minutes, adjourning at 9:05 p.m. ADJOURNMENT Mayor Dexter adjourned the meeting at 9:11 p.m. Kate Dexter, Mayor Page 5 of 5 Kari Martinez -Bailey, City Clerk August 15, 2023 E - 5 Finance Department Sarin Carrizosa Finance Director Trina McKee 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 rr r I I A NULL"ES WASH INGTON, U.S.A. August 15, 2023 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 $3,583,942.72 this 15 th day of August, 2023. Mayor City Manager 'p �A r City of Port Angeles City Council Expenditure Report Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount MUTT MITT SUPPLIES 001-0000-237.00-00 (23.13) RACOM CORPORATION RADIO & TELECOMMUNICATION 001-0000-237.00-00 (8,467.16) RADIO & TELECOMMUNICATION 001-0000-237.00-00 (8,467.16) WASHINGTON (DOL), STATE OF JULY 2023 CPL'S 001-0000-229.60-00 234.00 WITT INDUSTRIES, INC HARDWARE,AND ALLIED ITEMS 001-0000-237.00-00 (54.82) Division Total: ($16,778.27) Department Total: ($16,778.27) DATABAR INCORPORATED COMMUNICATIONS/MEDIA SERV 001-1210-513.41-50 1,629.13 City Manager Division Total: $1,629.13 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 93.22 City Clerk Division Total: $93.22 City Manager Department Total: $1,722.35 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 254.33 Accounting Division Total: $254.33 ELAVON, INC-WIRE TRANSACTION FEES 001-2025-514.41-50 1,956.40 EQUIFAX FINANCIAL SERVICES 001-2025-514.41-50 84.86 MISC TRAVEL SHARNBROICH-SAT CERT LOUR 001-2025-514.43-10 487.15 PAYMENTUS GROUP INC TRANSACTION FEES 001-2025-514.41-50 1,662.88 TRANSACTION FEES 001-2025-514.41-50 14,141.79 Customer Service Division Total: $18,333.08 Finance Department Total: $18,587.41 MISC EMPLOYEE EXPENSE COWGILL BAR DUES REIMBURS 001-3030-515.49-01 615.00 REIMBURSEMENT City Attorney Division Total: $615.00 City Attorney Department Total: $615.00 MISC ONE-TIME VENDORS SERVICE OF PROCESS FOR DP 001-4050-558.42-10 200.00 Building Division Total: $200.00 FCS GROUP CONSULTING SERVICES 001-4060-558.41-50 1,027.50 Planning Division Total: $1,027.50 ASTOUND BROADBAND MISC PROFESSIONAL SERVICE 001-4071-558.41-50 3,000.00 Economic Development Division Total: $3,000.00 Community Development Department Total: $4,227.50 HRA VEBA PLAN PAYROLL SUMMARY 001-5010-521.10-01 75.00 PAYROLL SUMMARY 001-5010-521.10-01 (75.00) Police Administration Division Total: $0.00 Page 1 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 6 'p �A City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor CELLEBRITE USA, INC HRA VEBA PLAN MISC TRAVEL OLYMPIC PRINTERS INC RAMSEY TRANSCRIPTION SERVICES Investigation Division Total: GALLS GRAINGER HRA VEBA PLAN LINCOLN STREET STATION QUILL CORPORATION SWAIN'S GENERAL STORE INC VERIZON WIRELESS SERVICES VIKING SEW & VAC VOIANCE LANGUAGE SERVICES, LLC WILDER TOYOTA INC Patrol Division Total: PRI MANAGEMENT GROUP QUILL CORPORATION Records Division Total: Police Department Total: LIGHTHOUSE UNIFORM Fire Administration Division Total: MISC EMPLOYEE EXPENSE REIMBURSEMENT MISC ONE-TIME VENDORS Description LIBRARY SERVICES(EXCL 908 PAYROLL SUMMARY PAYROLL SUMMARY SANCHEZ-CRIMES AGAINST CH K COOPER -SRO TRAINING K COOPER -CRIMES AGAINST C PRINTING,SILK SCR,TYPSET MISC PROFESSIONAL SERVICE CLOTHING & APPAREL FIRST AID & SAFETY EQUIP. PAYROLL SUMMARY PAYROLL SUMMARY SHIPPING AND HANDLING SHIPPING AND HANDLING SHIPPING AND HANDLING OFFICE SUPPLIES, GENERAL JANITORIAL SUPPLIES DATA PROC SERV &SOFTWARE MISCELLANEOUS SERVICES MISCELLANEOUS SERVICES MISC PROFESSIONAL SERVICE Account Number 001-5021-521.49-01 001-5021-521.10-01 001-5021-521.10-01 001-5021-521.43-10 001-5021-521.43-10 001-5021-521.43-10 001-5021-521.31-11 001-5021-521.41-50 001-5022-521.31-11 001-5022-521.31-80 001-5022-521.10-01 001-5022-521.10-01 001-5022-521.42-10 001-5022-521.42-10 001-5022-521.42-10 001-5022-521.31-01 001-5022-521.31-01 001-5022-521.41-50 001-5022-521.31-11 001-5022-521.31-11 001-5022-521.42-10 METALS, BARS, PLATES, RODS 001-5022-521.45-21 HUMAN SERVICES FURNITURE, OFFICE CLOTHING & APPAREL INTERVIEW LUNCHES FOR INT MCKEEN TUITION ORG LEADER LIFE VESTS 001-5029-521.43-10 001-5029-521.31-80 001-6010-522.20-80 001-6020-522.31-01 001-6020-522.43-10 001-6020-522.35-01 Amount 6,636.80 700.00 (700.00) 345.00 554.35 345.00 87.04 110.00 $8,078.19 52.36 309.87 2,200.00 (2,200.00) 30.06 12.16 64.39 336.32 24.96 50.00 54.40 16.32 12.50 479.36 $1,442.70 195.00 179.24 $374.24 $9,895.13 846.57 $846.57 61.31 1,350.00 661.24 Page 2 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 7 'p �A City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor Description PORT ANGELES CITY TREASURER lock & supplies - /D. Mon Fire Suppression Division Total: A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER Facilities Maintenance Division Total: Fire Department Total: MISC EMPLOYEE EXPENSE PPE PRESCRIPTION SAFETY G REIMBURSEMENT HOUSING REIMBURSEMENT MHE Public Works Admin. Division Total: Public Works & Utilities Department Total: CASTLE BRANCH, INC MISC PROFESSIONAL SERVICE Parks Administration Division Total: MISC DEPOSIT & PERMIT REFUNDS CHAISTAIN, DONNA. DEPOSIT Senior Center Division Total: ANGELES MILLWORK & LUMBER QUIRING MONUMENTS INC SOUND PUBLISHING INC Ocean View Cemetery Division Total: ANGELES MILLWORK & LUMBER DEPT OF NATURAL RESOURCES FASTENAL INDUSTRIAL FERGUSON ENTERPRISES INC Page 3 of 17 August 15, 2023 JANITORIAL SUPPLIES LUMBER& RELATED PRODUCTS MARKERS, PLAQUES,SIGNS COMMUNICATIONS/MEDIA SERV HAND TOOLS ,POW&NON POWER BRICKS & CLAY PRODUCTS SUPPLIES SUPPLIES EQUIP MAINT & REPAIR SERV SUPPLIES SUPPLIES EQUIP MAINT & REPAIR SERV EQUIP MAINT & REPAIR SERV SUPPLIES SUPPLIES SUPPLIES SUPPLIES CONSULTING SERVICES SUPPLIES SUPPLIES SUPPLIES Account Number Amount 001-6020-522.35-01 16.25 $2,088.80 001-6050-522.41-50 403.01 $403.01 $3,338.38 001-7010-532.31-01 239.94 001-7010-532.41-50 3,715.29 $3,955.23 $3,955.23 001-8010-574.49-01 916.00 $916.00 001-8012-362.40-21 50.00 $50.00 001-8050-536.31-20 11.83 001-8050-536.31-20 45.58 001-8050-536.34-01 616.00 001-8050-536.41-15 325.00 $998.41 001-8080-576.31-20 152.31 001-8080-576.31-40 80.47 001-8080-576.31-20 25.37 001-8080-576.31-20 164.05 001-8080-576.31-20 60.57 001-8080-576.31-20 65.09 001-8080-576.31-20 179.75 001-8080-576.31-20 199.07 001-8080-576.31-20 233.60 001-8080-576.31-01 38.70 001-8080-576.31-20 6.53 001-8080-576.31-20 10.28 001-8080-576.31-20 9.07 001-8080-576.49-90 2,249.14 001-8080-576.31-20 72.57 001-8080-576.31-20 125.73 001-8080-576.31-20 539.73 Aug 7, 2023 2:02:51 PM E - 8 'p �A City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor FERGUSON ENTERPRISES INC HAULAWAY STORAGE JUAN DE FUCA FOUNDATION MAYDA AND SONS MECHANICAL MUTT MITT OLYMPIC LAUNDRY & DRY CLEANERS PORT OF PORT ANGELES RAINBOW SWEEPERS, INC SWAIN'S GENERAL STORE INC THURMAN SUPPLY WITT INDUSTRIES, INC Description SUPPLIES REAL PROPERTY, RENT/LEASE REAL PROPERTY,RENT/LEASE REAL PROPERTY,RENT/LEASE REAL PROPERTY,RENT/LEASE DAY OF PLAY EVENT BUILDER'S SUPPLIES SHIPPING SUPPLIES RAGS,SHOP TOWELS,WIPING SUPPLIES SUPPLIES PLUMBING EQUIP FIXT,SUPP SUPPLIES SUPPLIES HARDWARE,AND ALLIED ITEMS SUPPLIES FIRST AID & SAFETY EQUIP. SUPPLIES SUPPLIES SUPPLIES BUILDING MAINT&REPAIR SER SUPPLIES EQUIP MAINT & REPAIR SERV EQUIP MAINT & REPAIR SERV HARDWARE,AND ALLIED ITEMS SHIPPING Parks Facilities Division Total: Parks & Recreation Department Total: ALLEGION ACCESS BUILDER'S SUPPLIES TECHNOLOGIES LLC OLYMPIC PRINTERS INC ENVELOPES, PLAIN, PRINTED THE PART WORKS INC EQUIP MAINT & REPAIR SERV Senior Center Facilities Division Total: Account Number 001-8080-576.31-20 001-8080-576.45-30 001-8080-576.45-30 001-8080-576.45-30 001-8080-576.45-30 001-8080-576.48-10 001-8080-576.48-10 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-01 001-8080-576.45-30 001-8080-576.45-30 001-8080-576.31-01 001-8080-576.31-20 001-8080-576.31-01 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-01 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-20 001-8080-576.31-20 001-8112-555.48-10 001-8112-555.31-20 001-8112-555.31-20 Amount 454.75 191.10 201.92 204.56 204.56 750.00 338.08 44.95 241.11 32.64 5,548.50 788.80 (18.46) 5.61 84.73 79.39 6.33 130.28 5.44 2.61 20.72 163.66 40.65 7.42 48.66 437.82 240.00 $14,467.86 $16,432.27 513.53 314.43 115.86 $943.82 Page 4 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 9 'p �A City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor OTIS ELEVATOR COMPANY INC SWAIN'S GENERAL STORE INC THE PART WORKS INC WALTER E NELSON CO Central Svcs Facilities Division Total: Description BUILDING MAINT&REPAIR SER JANITORIAL SUPPLIES CAFETERIA & KIT EQUIP COM EQUIP MAINT & REPAIR SERV JANITORIAL SUPPLIES Account Number 001-8131-518.48-10 001-8131-518.31-20 001-8131-518.31-20 001-8131-518.31-20 001-8131-518.31-01 Facilities Maintenance Department Total: General Fund Fund Total: PORT ANGELES CHAMBER OF MISC PROFESSIONAL SERVICE 101-1430-557.41-50 COMM Lodging Excise Tax Division Total: Lodging Excise Tax Department Total: Lodging Excise Tax Fund Total: A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 ANGELES CONCRETE PRODUCTS BUILDER'S SUPPLIES 102-7230-542.31-20 ANGELES MILLWORK & LUMBER AGRICULTURAL EQUIP&IMPLEM 102-7230-542.35-01 JJC RESOURCES, LLC LAKESIDE INDUSTRIES INC MISC EMPLOYEE EXPENSE REIMBURSEMENT ORKIN EXTERMINATING COMPANY INC PORT ANGELES POWER EQUIPMENT PUD #1 OF CLALLAM COUNTY SWAIN'S GENERAL STORE INC VET EQUIP & SUPPLIES 102-7230-542.31-01 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 PWRKS WEEK SCHOOL CREW LU 102-7230-542.31-01 EXTERNAL LABOR SERVICES 102-7230-542.41-50 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 MISC PROFESSIONAL SERVICE 102-7230-542.47-10 JANITORIAL SUPPLIES 102-7230-542.31-01 PIPE FITTINGS 102-7230-542.31-01 WASHINGTON (DOT), STATE OF CONSTRUCTION SERVICES,GEN 102-7230-542.48-10 Street Division Total: Public Works -Street Department Total: Street Fund Total: AT&T BUSINESS SERVICE 07-13 A/C 017213 4468 001 107-5160-528.42-11 JAMESTOWN NETWORKS DATA PROC SERV &SOFTWARE 107-5160-528.42-12 MISC EMPLOYEE EXPENSE REIMBURSE FOR CLALLAM COU 107-5160-528.31-61 REIMBURSEMENT Amount 1,386.16 42.37 324.82 1,872.21 142.40 $3,767.96 $4,711.78 $46,706.78 20,000.00 $20,000.00 $20,000.00 $20,000.00 151.50 447.84 59.83 10.84 1,933.87 316.28 988.12 54.40 MEN 21.72 14.11 41.55 3,719.87 $8,142.31 $8,142.31 $8,142.31 7.16 510.00 200.00 Page 5 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 10 'p �A City of Port Angeles City Council Expenditure Report MIR rBetween Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount VOIANCE LANGUAGE SERVICES, MISC PROFESSIONAL SERVICE 107-5160-528.42-11 12.50 LLC Pencom Division Total: $729.66 Pencom Department Total: $729.66 Pencom Fund Total: $729.66 CLALLAM CNTY SHERIFF'S DEPT PERS,TEMP EMPLOYMENT AGCY 175-5260-524.41-50 1,303.12 HRA VEBA PLAN PAYROLL SUMMARY 175-5260-524.10-01 125.00 PAYROLL SUMMARY 175-5260-524.10-01 (125.00) LINCOLN STREET STATION SHIPPING AND HANDLING 175-5260-524.42-10 12.84 Code Enforcement Division Total: $1,315.96 Criminal Justice Department Total: $1,315.96 Code Compliance Enforcmt Fund Total: $1,315.96 US BANK -DEBT SVC WIRES FINANCIAL SERVICES 217-2448-591.71-10 215,000.00 FINANCIAL SERVICES 217-2448-592.83-10 8,598.80 2015 LTGO Refunding Division Total: $223,598.80 Debt Service Department Total: $223,598.80 2015 LTGO Refunding Fund Total: $223,598.80 RACOM CORPORATION RADIO & TELECOMMUNICATION 310-5950-594.65-10 104,684.95 RADIO & TELECOMMUNICATION 310-5950-594.65-10 104,684.95 Homeland Security Division Total: $209,369.90 Public Safety Projects Department Total: $209,369.90 Capital Improvement Fund Total: $209,369.90 BUILDERS EXCHANGE OF WA INC COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 45.00 COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 45.00 COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 64.25 INTERWEST CONSTRUCTION, INC. PW CONSTRUCTION & RELATED 312-7930-595.65-10 92,273.48 WENGLER SURVEYING & MAPPING ENGINEERING SERVICES 312-7930-595.65-10 11,700.00 GF-Street Projects Division Total: $104,127.73 Capital Projects -Pub Wks Department Total: $104,127.73 Transportation Benefit Fund Total: $104,127.73 ANIXTER ELECTRICAL CABLES & WIRES 401-0000-141.42-00 39,576.00 ELECTRICAL CABLES & WIRES 401-0000-141.42-00 40,228.80 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,107.72 FASTENERS, FASTENING DEVS 401-0000-141.41-00 361.64 FASTENERS, FASTENING DEVS 401-0000-141.41-00 916.58 Page 6 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 11 'p A City of Port Angeles City Council Expenditure Report rBetween Jul 22, 2023 and Aug 4, 2023 Vendor BORDER STATES INDUSTRIES INC CED/CONSOLIDATED ELEC DIST GENERAL PACIFIC INC MISC UTILITY DEPOSIT REFUNDS Division Total: Department Total: MISC EMPLOYEE EXPENSE REIMBURSEMENT Engineering -Electric Division Total: BPA-POWER WIRES EES CONSULTING INC Power Systems Division Total: Description FASTENERS, FASTENING DEVS ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY FINAL DILL REFUND FINAL DILL REFUND FINAL DILL REFUND FINAL DILL REFUND FINAL DILL REFUND FINAL CREDIT-207 CREEKSID FINAL CREDIT-2603 PLUM A OVERPAYMENT-1019 W 18TH 1 OVERPAYMENT-104 E 13TH ST OVERPAYMENT-1215 HWY 101 OVERPAYMENT-1405 S C ST B OVERPAYMENT-522 S CEDAR OVERPAYMENT-735 E 6TH ST OVERPAYMENT-807 E 1ST #1 OVERPAYMENT-808 S CHASE C FINAL DILL REFUND BUDGET CREDIT REFUND FINAL BILL REFUND OVERPAYMENT-2132 W 10TH OVERPAYMENT-907 BENJAMIN FINAL BILL REFUND PE LICENSE RENEWAL 07/23/ ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY MISC PROFESSIONAL SERVICE Account Number 401-0000-141.41-00 401-0000-141.41-00 401-0000-141.41-00 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-7111-533.49-01 401-7120-533.33-10 401-7120-533.33-10 401-7120-533.33-10 401-7120-533.33-10 401-7120-533.49-01 Amount 1,713.09 1,327.36 1,764.13 14.27 46.20 90.45 260.71 412.54 155.79 43.34 1.68 250.00 429.83 300.00 78.22 5.00 327.86 2.62 67.01 174.85 157.60 150.50 112.24 150.93 $90,226.96 $90,226.96 116.00 $116.00 851,422.00 (726,668.00) 726,668.00 726,668.00 340.22 $1,578,430.22 Page 7 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 12 'p �A City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor A-1 PERFORMANCE, INC AMAZON CAPITAL SERVICES ANIXTER CED/CONSOLIDATED ELEC DIST FASTENAL INDUSTRIAL GENERAL PACIFIC INC KENNEDY, STEPHEN H. LUTZCO, INC. MATT'S TOOLS USA, LLC MISC EMPLOYEE EXPENSE REIMBURSEMENT PORT ANGELES POWER EQUIPMENT PUD #1 OF CLALLAM COUNTY ROHLINGER ENTERPRISES INC Description BUILDING MAINT&REPAIR SER CLOTHING & APPAREL ELECTRICAL EQUIP & SUPPLY EXTERNAL LABOR ELECTRICAL EQUIP & SUPPLY FASTENERS, FASTENING DEVS ELECTRICAL EQUIP & SUPPLY REAL PROPERTY, RENT/LEASE FIRE PROTECTION EQUIP/SUP FIRE PROTECTION EQUIP/SUP FIRE PROTECTION EQUIP/SUP FIRE PROTECTION EQUIP/SUP FIRE PROTECTION EQUIP/SUP ELECTRICAL EQUIP & SUPPLY MEAL TICKET - 323 E. 2ND MEAL TICKET - 323 E. 2ND MEAL TICKET - REYES ST CA MEAL TICKET - REYES ST CA MEAL TICKET - REYES ST CA FUEL,OIL,GREASE, & LUBES ARCH ITECTURAL&ENGINEERING ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY Electric Operations Division Total: Public Works -Electric Department Total: Electric Utility Fund Total: FERGUSON ENTERPRISES INC PIPE FITTINGS Division Total: Department Total: AMERICAN WATER WORKS ASSN MMBR#03663384 DELL MARKETING LP COMPUTER HARDWARE EDGE ANALYTICAL MISC PROFESSIONAL SERVICE MISC PROFESSIONAL SERVICE Account Number 401-7180-533.41-50 401-7180-533.31-01 401-7180-533.34-02 401-7180-533.42-10 401-7180-533.34-02 401-7180-533.34-02 401-7180-533.34-02 401-7180-533.45-30 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.35-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.31-01 401-7180-533.32-10 401-7180-533.41-50 401-7180-533.35-01 401-7180-533.35-01 401-7180-533.35-01 402-0000-141.40-00 402-7380-534.49-01 402-7380-534.31-60 402-7380-534.41-50 402-7380-534.41-50 Amount 334.78 108.20 2,219.13 79.35 583.17 5.36 255.68 7,500.00 126.52 388.88 120.97 275.85 143.64 47.76 37.00 37.00 37.00 37.00 37.00 156.17 6,353.10 305.49 765.50 520.39 $20,474.94 $1,599,021.16 $1,689,248.12 280.31 $280.31 $280.31 255.00 92.08 468.00 78.00 Page 8 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 13 'p �A City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor Description FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP. FEDERAL EXPRESS CORP SHIPPING CHARGES HARBOR FREIGHT TOOLS AUTO SHOP EQUIPMENT & SUP HARTNAGEL BUILDING SUPPLY INC HAND TOOLS ,POW&NON POWER MISC EMPLOYEE EXPENSE BOOT REIMBURSEMENN 07/18/ REIMBURSEMENT NAPA AUTO PARTS FASTENERS, FASTENING DEVS ORKIN EXTERMINATING COMPANY EXTERNAL LABOR SERVICES INC PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE SPECTRA LABORATORIES-KITSAP SWAIN'S GENERAL STORE INC TECHNICAL SYSTEMS, INC THURMAN SUPPLY WALTER E NELSON CO Water Division Total: MISC PROFESSIONAL SERVICE TESTING&CALIBRATION SERVI TESTING&CALIBRATION SERVI FOODS: PERISHABLE VET EQUIP & SUPPLIES ENGINEERING SERVICES ENGINEERING SERVICES PIPE FITTINGS LAUNDRY& DRY CLEAN COMPOD ANGELES MILLWORK & LUMBER MATERIAL HNDLING&STOR EQP GRAINGER EQUIP. MAINT. AUTO,TRUCK MISCELLANEOUS PRODUCTS GROVES CRANE CO MATERIAL HNDLING&STOR EQP SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP. TACOMA HYDRAULICS ROAD/HWY EQUIP EARTH,GRD AUTO & TRUCK MAINT. ITEMS Industrial Water Treatmnt Division Total: Public Works -Water Department Total: Water Utility Fund Total: BLAKE TILE & STONE ELECTRICAL EQUIP & SUPPLY DELL MARKETING LP COMPUTER HARDWARE EDGE ANALYTICAL MISC PROFESSIONAL SERVICE MISC PROFESSIONAL SERVICE WATER SEWAGE TREATMENT EQ Account Number 402-7380-534.31-01 402-7380-534.42-10 402-7380-534.35-01 402-7380-534.35-01 402-7380-534.31-01 402-7380-534.31-20 402-7380-534.41-50 402-7380-534.47-10 402-7380-534.47-10 402-7380-534.41-50 402-7380-534.41-50 402-7380-534.31-01 402-7380-534.31-01 402-7380-534.48-02 402-7380-534.48-02 402-7380-534.31-20 402-7380-534.31-05 402-7382-534.31-01 402-7382-534.31-20 402-7382-534.31-20 402-7382-534.41-50 402-7382-534.31-01 402-7382-534.31-20 402-7382-534.31-20 403-7480-535.31-20 403-7480-535.31-60 403-7480-535.41-50 403-7480-535.41-50 403-7480-535.41-50 Amount 246.93 31.63 252.39 89.39 300.00 7.26 35.47 77.77 63.70 234.00 234.00 8.06 89.01 3,900.00 4,485.00 289.15 772.11 $12,008.95 87.08 113.43 63.11 892.16 21.62 335.22 382.77 $1,895.39 $13,904.34 $14,184.65 761.39 92.08 560.00 459.50 56.00 Page 9 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 14 'p �A MIR r City of Port Angeles City Council Expenditure Report Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount EDGE ANALYTICAL WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 300.00 FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP. 403-7480-535.31-01 758.21 FASTENERS, FASTENING DEVS 403-7480-535.31-20 82.31 FEDERAL EXPRESS CORP SHIPPING CHARGES 403-7480-535.42-10 31.39 SHIPPING CHARGES 403-7480-535.42-10 13.15 FIRE CHIEF EQUIPMENT CO, INC FIRE PROTECTION EQUIP/SUP 403-7480-535.31-20 151.23 FIRE PROTECTION EQUIP/SUP 403-7480-535.48-10 206.72 GRAINGER FIRE PROTECTION EQUIP/SUP 403-7480-535.35-01 303.91 PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 233.42 GROVES CRANE CO RENTAL/LEASE EQUIPMENT 403-7480-535.48-10 669.12 MATT'S TOOLS USA, LLC PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 69.62 MCMASTER-CARR SUPPLY CO ROAD/HGWY HEAVY EQUIPMENT 403-7480-535.31-20 153.67 FASTENERS, FASTENING DEVS 403-7480-535.31-20 141.84 FASTENERS, FASTENING DEVS 403-7480-535.31-20 19.28 PIPE AND TUBING 403-7480-535.31-20 54.53 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 41.53 O'REILLY AUTO PARTS FUEL,OIL,GREASE, & LUBES 403-7480-535.31-01 52.71 RAGS,SHOP TOWELS,WIPING 403-7480-535.31-20 32.62 ORKIN EXTERMINATING COMPANY EXTERNAL LABOR SERVICES 403-7480-535.41-50 35.47 INC PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 145.23 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 268.07 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 403-7480-535.41-15 88.48 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 200.08 FOODS: PERISHABLE 403-7480-535.31-01 65.08 MACHINERY & HEAVY HRDWARE 403-7480-535.31-01 79.39 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 11.41 Wastewater Division Total: $6,137.44 Public Works-WW/Stormwtr Department Total: $6,137.44 Wastewater Utility Fund Total: $6,137.44 2 GRADE, LLC RELEASE RETAINAGE 404-0000-223.40-00 2,066.14 Division Total: $2,066.14 Department Total: $2,066.14 AMAZON CAPITAL SERVICES BUILDING, FABRICATED 404-7538-537.31-01 124.42 FEED,BEDDING,VIT-ANIMALS 404-7538-537.31-01 63.39 Page 10 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 15 'p �A MIR r City of Port Angeles City Council Expenditure Report Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount AMAZON CAPITAL SERVICES HARDWARE,AND ALLIED ITEMS 404-7538-537.31-01 59.71 ELAVON, INC-WIRE TRANSACTION FEES 404-7538-537.41-50 7,344.99 LES SCHWAS TIRE CENTER AUTO & TRUCK MAINT. ITEMS 404-7538-537.48-10 758.81 EXTERNAL LABOR SERVICES 404-7538-537.48-10 147.03 MISC EMPLOYEE EXPENSE JULY MILEAGE REIMBURSEMEN 404-7538-537.43-10 53.71 REIMBURSEMENT JULY MILEAGE REIMBURSEMEN 404-7538-537.43-10 74.67 JULY MILEAGE REIMBURSEMEN 404-7538-537.43-10 87.25 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 404-7538-537.47-10 82.76 SWAIN'S GENERAL STORE INC BROOM,BRUSH,MOP MFG MACH 404-7538-537.35-01 105.21 SWANA MEMBERSHIPS 404-7538-537.49-01 30.63 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 404-7538-537.41-50 390.00 THERMO-FLUIDS PW CONSTRUCTION & RELATED 404-7538-537.41-51 20.50 PW CONSTRUCTION & RELATED 404-7538-537.41-51 15.00 PW CONSTRUCTION & RELATED 404-7538-537.41-51 186.00 PW CONSTRUCTION & RELATED 404-7538-537.41-51 322.00 SW - Transfer Station Division Total: $9,866.08 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 151.53 AMAZON CAPITAL SERVICES ANIMALS, LIVE 404-7580-537.31-20 207.75 MISC EMPLOYEE EXPENSE MEAL TICKET - OVERTIME - 404-7580-537.31-01 55.50 REIMBURSEMENT MEAL TICKET - OVERTIME - 404-7580-537.31-01 55.50 MEAL TICKET - OVERTIME - 404-7580-537.31-01 55.50 MEAL TICKET - OVERTIME - 404-7580-537.31-01 55.50 MEAL TICKET - OVERTIME - 404-7580-537.31-01 55.50 ORKIN EXTERMINATING COMPANY EXTERNAL LABOR SERVICES 404-7580-537.41-50 35.47 INC SWAIN'S GENERAL STORE INC SHOES AND BOOTS 404-7580-537.31-01 173.94 SWANA MEMBERSHIPS 404-7580-537.49-01 214.37 Solid Waste -Collections Division Total: $1,060.56 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 6,944.25 Solid Waste -Landfill Division Total: $6,944.25 Public Works -Solid Waste Department Total: $17,870.89 Solid Waste Utility Fund Total: $19,937.03 CLALLAM CNTY DEPT OF COMM LAB EQUIP,BIO,CHEM,ENVIR 406-7412-538.41-50 792.15 DEV CLALLAM CNTY DEPT OF HEALTH LAB EQUIP,BIO,CHEM,ENVIR 406-7412-538.41-50 595.00 Page 11 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 16 'p �A MIR r City of Port Angeles City Council Expenditure Report Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount HEARTLINE NURSERY STOCK & SUPPLIES 406-7412-538.31-20 71.81 MISC EMPLOYEE EXPENSE NCEES FE MECHANICAL EXAM 406-7412-538.43-10 204.32 REIMBURSEMENT PPI LEARNING HUB FE MECHA 406-7412-538.43-10 162.11 PORT OF PORT ANGELES PARCEL 55882 FOR 2020/202 406-7412-343.83-00 437.93 PARCEL 61167 FOR 2019/202 406-7412-343.83-00 8,049.81 PARCEL 63538 FOR 2019 406-7412-343.83-00 266.72 PARCEL 63608 FOR 2019 406-7412-343.83-00 674.80 PARCEL 70583 FOR 2019 406-7412-343.83-00 1,993.72 PARCEL 85165 FOR 2019 406-7412-343.83-00 2,024.40 Stormwater Division Total: $15,272.77 Public Works-WW/Stormwtr Department Total: $15,272.77 Stormwater Utility Fund Total: $15,272.77 BOUND TREE MEDICAL, LLC SALE SURPLUS/OBSOLETE 409-6025-526.31-13 262.20 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 555.96 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 304.26 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-13 89.16 MISC ONE-TIME VENDORS DEPT UNIFORM SHIRT ORDER 409-6025-526.20-80 2,556.80 ZOLL MEDICAL CORPORATION MEMBERSHIPS 409-6025-526.41-50 2,458.88 Medic I Division Total: $6,227.26 Fire Department Total: $6,227.26 Medic I Utility Fund Total: $6,227.26 CASCADIA LAW GROUP MISC PROFESSIONAL SERVICE 413-7481-535.41-50 1,365.10 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 206.00 Wastewater Remediation Division Total: $1,571.10 Public Works-WW/Stormwtr Department Total: $1,571.10 Harbor Clean Up Fund Total: $1,571.10 ALL WEATHER HEATING AND AIR CONDITIONING & HEATNG 421-7121-533.49-86 700.00 COOLING DAVE'S HEATING & COOLING SVC AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 700.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 HARTNAGEL BUILDING SUPPLY INC BUILDER'S SUPPLIES 421-7121-533.49-86 1,721.88 Page 12 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 17 City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number PENINSULA HOUSING AUTHORITY AIR CONDITIONING & HEATNG 421-7121-533.49-86 Conservation Division Total: Public Works -Electric Department Total: Conservation Fund Total: INTERWEST CONSTRUCTION, INC. CONSTRUCTION SERVICES,HEA 452-7388-594.65-10 Water Projects Division Total: Public Works -Water Department Total: Water Utility CIP Fund Total: HDR ENGINEERING, INC CONSULTING SERVICES 453-7488-594.65-10 KENNEDY/JENKS CONSULTANTS ARCH ITECTURAL&ENG I NEERING 453-7488-594.65-10 Wastewater Projects Division Total: Public Works-WW/Stormwtr Department Total: Wastewater Utility CIP Fund Total: KPIFIF CONSULTING ENGINEERS CONSULTING SERVICES 454-7588-594.65-10 PORT ANGELES CITY TREASURER clallarn county filing fee 454-7588-594.65-10 Solid Waste Coll Projects Division Total: Public Works -Solid Waste Department Total: Solid Waste Utility CIP Fund Total: ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LURES 501-0000-141.20-00 PRODUCTS, INC BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 DON SMALL & SONS OIL DIST CO FASTENAL INDUSTRIAL O'REILLY AUTO PARTS PAPS-KENWORTH NORTHWEST, INC PETROCARD, INC SIRENNET.COM WESTERN PETERBILT INC Division Total: AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 FUEL,OIL,GREASE, & LURES 501-0000-141.20-00 RADIO & TELECOMMUNICATION 501-0000-141.40-00 AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 Amount 4,000.00 $11,121.88 $11,121.88 $11,121.88 615,062.72 $615,062.72 $615,062.72 $615,062.72 1,481.25 25,946.81 $27,428.06 $27,428.06 $27,428.06 15,442.50 50.00 $15,492.50 $15,492.50 $15,492.50 14,848.11 (6.47) 13.30 6.47 162.39 1,100.19 2,964.75 597.57 178.17 117.24 502.57 119.27 2,796.60 423.07 $23,823.23 Page 13 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E-18 'p �A City of Port Angeles City Council Expenditure Report MIR Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount Department Total: $23,823.23 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 178.84 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 33.18 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 51.82 PRODUCTS, INC BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 36.45 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 63.78 DAREN'S POINT S EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.44 EXTERNAL LABOR SERVICES 501-7630-548.34-02 27.74 EXTERNAL LABOR SERVICES 501-7630-548.34-02 38.08 EVERGREEN TOWING EXTERNAL LABOR SERVICES 501-7630-548.34-02 2,339.20 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 395.92 HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 754.25 LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,155.36 EXTERNAL LABOR SERVICES 501-7630-548.34-02 84.69 EXTERNAL LABOR SERVICES 501-7630-548.34-02 89.68 EXTERNAL LABOR SERVICES 501-7630-548.34-02 173.99 EXTERNAL LABOR SERVICES 501-7630-548.34-02 173.99 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,866.48 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 34.61 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,863.65 EXTERNAL LABOR SERVICES 501-7630-548.34-02 21.75 EXTERNAL LABOR SERVICES 501-7630-548.34-02 43.55 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 157.23 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 68.10 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 256.97 MOTION INDUSTRIES, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,451.07 EXTERNAL LABOR SERVICES 501-7630-548.34-02 36.12 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 331.10 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 241.07 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 253.04 ORKIN EXTERMINATING COMPANY EXTERNAL LABOR SERVICES 501-7630-548.41-50 35.46 INC POMP'S TIRE SERVICE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,650.86 EXTERNAL LABOR SERVICES 501-7630-548.34-02 195.82 Page 14 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 19 'p �A City of Port Angeles City Council Expenditure Report MIR r Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount POMP'S TIRE SERVICE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,450.09 EXTERNAL LABOR SERVICES 501-7630-548.34-02 197.89 PRICE FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 836.22 EXTERNAL LABOR SERVICES 501-7630-548.34-02 1,422.28 RICHMOND 2-WAY RADIO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 27.74 EXTERNAL LABOR SERVICES 501-7630-548.34-02 783.36 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 46.68 EXTERNAL LABOR SERVICES 501-7630-548.34-02 411.26 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 380.80 EXTERNAL LABOR SERVICES 501-7630-548.34-02 164.51 RUDY'S AUTOMOTIVE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,034.04 EXTERNAL LABOR SERVICES 501-7630-548.34-02 167.66 SCHUYLER R RUBBER CO INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,771.92 SNAP -ON TOOLS - SARGENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 137.09 TOOLS LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 155.58 AUTO & TRUCK MAINT. ITEMS 501-7630-548.49-90 74.26 Equipment Services Division Total: $25,183.67 Public Works Department Total: $25,183.67 Equipment Services Fund Total: $49,006.90 CANON USA, INC OFFICE MACHINES & ACCESS 502-2081-518.45-31 4,243.04 CENTURYLINK-QWEST 07-05 A/C 206ZO50031846B 502-2081-518.42-10 2,819.10 SUPERION, LLC DATA PROC SERV &SOFTWARE 502-2081-518.48-02 5,707.44 Information Technologies Division Total: $12,769.58 Finance Department Total: $12,769.58 Information Technology Fund Total: $12,769.58 HSA BANK SERVICE FEE 503-1631-517.46-30 25.50 SERVICE FEE 503-1631-517.46-30 207.50 EMPLOYER CONTRIBUTION 503-1631-517.46-30 1,500.00 SERVICE FEE 503-1631-517.46-30 (207.50) SERVICE FEE 503-1631-517.46-30 (25.50) SERVICE FEE 503-1631-517.46-30 25.50 SERVICE FEE 503-1631-517.46-30 307.50 REDACTED DISABILITY BOARD-JULY 503-1631-517.46-35 51.44 DISABILITY BOARD-JULY 503-1631-517.46-35 105.36 DISABILITY BOARD-JULY 503-1631-517.46-35 273.60 Page 15 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 20 'p �A MIR r City of Port Angeles City Council Expenditure Report Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount REDACTED REIMB MEDICARE-JULY 503-1631-517.46-35 108.00 REIMB MEDICARE-JULY 503-1631-517.46-35 108.00 REIMB MEDICARE-JULY 503-1631-517.46-35 108.00 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 154.10 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 164.90 REIMB MEDICARE-JULY 503-1631-517.46-35 442.90 REIMB MEDICARE-JULY 503-1631-517.46-35 670.90 Other Insurance Programs Division Total: $5,949.80 BAUMAN MEDIATION/ARBITRATION PROFESSIONAL SERVICES 503-1671-517.41-50 4,753.02 Comp Liability Division Total: $4,753.02 Self Insurance Department Total: $10,702.82 Self -Insurance Fund Total: $10,702.82 CHAPTER 13 TRUSTEE CASE #21-10696 920-0000-231.56-90 358.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 680.00 EMPLOYMENT SECURITY DEPT 2ND QTR 2023 PFML PREMIUM 920-0000-231.53-50 52,050.04 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 24,538.89 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 95,883.94 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 117,364.82 PENSIONER'S P/R TAX 920-0000-231.50-20 200.00 HSA BANK PAYROLL SUMMARY 920-0000-231.53-11 75.00 PAYROLL SUMMARY 920-0000-231.53-12 321.93 JOHN HANCOCK LIFE INSURANCE PAYROLL SUMMARY 920-0000-231.52-25 1,645.22 CO Page 16 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 21 'p �A City of Port Angeles City Council Expenditure Report r Between Jul 22, 2023 and Aug 4, 2023 Vendor Description Account Number Amount LEOFF PAYROLL SUMMARY 920-0000-231.51-21 34,071.11 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 30,122.76 OFFICE OF SUPPORT PAYROLL SUMMARY 920-0000-231.56-20 1,116.83 ENFORCEMENT PIERS PAYROLL SUMMARY 920-0000-231.51-10 932.73 PAYROLL SUMMARY 920-0000-231.51-11 17,114.04 PAYROLL SUMMARY 920-0000-231.51-12 88,905.44 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,424.00 PAYROLL SUMMARY 920-0000-231.54-10 2,424.00 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 160.00 WSCFF/EMPLOYEE BENEFIT PAYROLL SUMMARY 920-0000-231.53-20 5,400.00 TRUST Division Total: $475,788.75 Department Total: $475,788.75 Payroll Clearing Fund Total: $475,788.75 Total for Checks Dated Between Jul 22, 2023 and Aug 4, 2023 $3,583,942.72 Page 17 of 17 Aug 7, 2023 2:02:51 PM August 15, 2023 E - 22 i,;;;� ';L CITY CQUNCIL W A S H I N G T O N, U.S, MEMO Date: August 15, 2023 To: City Council From: Calvin W. Goings, Assistant City Manager Shannen Cartmel, Community and Economic Development Manager Subject: Trebucket Legal Consulting, LLC Contract for Hearing Examiner Services Summary: Port Angeles Municipal Code Section 2.18.020 authorizes the City Manager to appoint a Hearing Examiner for the City subject to Council approval. The City's current contracted Hearing Examiner services are provided by Sound Law Center, LLC. Sound Law Center, LLC has recently undergone a reorganization and is no longer providing Hearing Examiner services. Andrew Reeves, Sound Law Center, LLC's former Managing Attorney, has created Trebucket Legal Consulting, LLC to provide Hearing Examiner services. The proposed contract has been provided as Attachment A to this memo. Funding: The Community and Economic Development Department has budgeted $15,000 for Hearing Examiner services in the approved 2023 Budget. Recommendation: Ratify the contract with Trebucket Legal Consulting, LLC for Hearing Examiner services, in accordance with Section 2.18.020 of the Port Angeles Municipal Code and authorize the City Manager to make minor modifications as necessary. Background / Analysis: Selection of a Hearing Examiner is based on qualifications, not based on a competitive bid. Qualifications for the office of the Hearing Examiner are expertise in land use law and planning, the training and experience necessary to conduct administrative or quasi-judicial hearings, and issue decisions and recommendations on land use and regulatory matters. City Code provides that the City Manager shall select the Hearing Examiner, with City Council ratification of the Hearing Examiner contract. After notification from Sound Law Center, LLC that Hearing Examiner services were being suspended, City staff has worked with Mr. Reeves and Trebucket Legal Consulting, LLC to develop aproposed contract with a rate structure that includes a monthly retainer and a flat fee for hearings. The City has had an excellent working relationship with Mr. Reeves and values the extension of services with his new firm. The contract is now presented to the City Council for final approval. Funding Overview: The Community and Economic Development Department has budgeted $15,000 for Hearing Examiner services in the Council approved 2023 Budget. Attachments: 1. Trebucket Legal Consulting, LLC Hearing Examiner Contract 2. Sound Law Center, LLC Notice of Contract Termination Letter August 15, 2023 E - 23 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND TREBUCKET LEGAL CONSULTING, LLC THIS AGREEMENT is made this day of , 2023, between the City of Port Angeles ("City") and Trebucket Legal Consulting, LLC ("Consultant" or "TLC" WHEREAS, Consultant is in the business of providing certain professional services specified herein, and WHEREAS, the City desires to contract with Consultant for the provision of such services and Consultant agrees to contract with the City for same; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed between the parties as follows: TERMS L Description of Work. Consultant shall perform on -call Hearing Examiner services as described in Exhibit A, "Scope of Work," which is attached and incorporated herein by this reference, according to the standard of care for such services. Consultant shall not perform any additional services without the express permission of the City. It Payment. A. The City shall pay the Consultant set forth in Exhibit B for the services described in this Agreement. B. Consultant shall submit a payment invoice to the City after such services have been performed, and the City shall make payment within thirty (30) days after the submittal of the approved invoice. Each invoice shall describe the tasks performed and the total hours involved in providing services. C. If the City objects to all or any portion of any invoice, it shall notify Consultant of the same within five (5) days from the date of receipt and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. HI. Relationship of Parties. The parties intend that this Agreement will create an independent contractor/client relationship. The Consultant is customarily engaged in an independently established trade that encompasses 1 of 8 August 15, 2023 E - 24 the specific services provided to the City hereunder; no agent, employee, representative, or subcontractor of the Consultant shall be deemed to be the employee, agent, representative, or subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance, are available from the City to the Consultant or his employees, agents, representatives, or subcontractors. The Consultant will be solely and entirely responsible for his acts and the acts of the Consultant's agents, employees, representatives, and subcontractors during the performance of this Agreement. IV. Duration of Work. This Agreement shall be effective for a period commencing from the date of 2023 to , 2028, except as provided for in paragraph V below. At the expiry of the initial term of this Agreement, this Agreement shall be automatically extended for an additional one-year term unless this Agreement is terminated by either parry prior to , 2028. V. Termination. The City shall have the option to terminate this Agreement at any time. Termination shall be effective after thirty (30) days upon delivery of written notice to the Consultant. The Consultant shall have the option to terminate this Agreement after sixty (60) days upon delivery of written notice to the City unless the City determines the Consultant can be released from the contract prior to sixty days. In the event of termination, the City shall only be responsible for paying for services satisfactorily performed by Consultant to the effective date of termination. The Director of Community and Economic Development shall make the final determination about what services have been satisfactorily performed and which decision shall be final, binding, and conclusive. VI. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, Consultant, its subcontractors, or any person acting on behalf of Consultant shall not, by reason of race, religion, color, sex, national origin or presence of any sensory, mental, or physical handicap discriminate against any person who is qualified and available to perform the work to which the employment relates. VIL Indemnification. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 2of8 August 15, 2023 E - 25 It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. Insurance. A. Insurance Term The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. B. No Limitation Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance Consultant shall obtain insurance of the types and coverage described below: 1. Automobile Liability insurance covering all non -owned and hired vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. The Consultant affirms that each of its independent contractors serving the City will maintain appropriate individual automobile insurance coverage throughout the course of the contract term between the parties. Further, TLC agrees to indemnify the City of any liability that may be associated with the work its independent contractors perform under the contract in relation to individual automobile liability insurance. Both parties acknowledge that the work TLC performs under this contract relates to Hearing Examiner services and does not involve driving or the operation of a vehicle on behalf of, or for, the City. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3of8 August 15, 2023 E - 26 4. Professional Liability insurance appropriate to the Consultant's profession. D. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. E. Other Insurance Provision The Consultant's Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self- insurance, or self -insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AXII. G. Verification of Coverage At the City's request, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. H. Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. L Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 4of8 August 15, 2023 E - 27 J. Public Entity Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. IX. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. X. Assignment. Any assignment of this Agreement by Consultant without the City's written consent shall be void. XI. Written Notice. Unless notified to the contrary, all communications regarding this Agreement shall be sent to the parties at the addresses listed below. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. The parties, however, may agree to receive notice through email but no official matter shall be considered "noticed" electronically without receipt and confirmation of such by all applicable parties. Notices should be sent to: Trebucket Legal Consulting, LLC Andrew Reeves, Managing Attorney 539 Broadway Tacoma, WA 98402 andrew.ticlaw@gmail.com City of Port Angeles Director of Community & Economic Development 321 E. Fifth Street Port Angeles, WA 98362 XII. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein or to exercise any option herein conferred in one or more instances shall not be 5of8 August 15, 2023 E - 28 construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. XIII. Resolution of Disputes, Governing Law. Disputes shall first be attempted to be resolved by mediation, with each parry paying one-half of the cost of mediation. In the event of any litigation arising out of this Agreement, the prevailing parry shall be reimbursed for its reasonable attorney fees from the other parry. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. XVL Documents and Record Keeping A. Ownership. All records, files, designs, drawings, specifications, data, information, materials, reports, memoranda, documents, and other work products, including all electronically stored information ("ESP'), produced or prepared by the Consultant in connection with the services rendered under this Agreement ("Documents") are the property of the City. Upon request, the Consultant shall provide Documents to the City. B. Records Maintenance. The Parties acknowledge that the City is subject to records retention and public records laws. During the progress of the work and services provided hereunder and for a period of not less than six (6) years from the date of final payment to the Consultant, the City, and Consultant shall keep, retain, and maintain all Records defined above, pertaining to the work and services provided pursuant to this Agreement. If any public records request, litigation, claim, or audit is commenced, the Consultant shall cooperate with City and assist in producing all such Records. Records shall be retained until all public records requests, litigation, claims, or audit findings have been resolved, even though such public records request, litigation, claim, or audit continues past the six (6) year retention period. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. TREBUCKET LEGAL CONSULTING, LLC Andrew Reeves, Managing Attorney CITY OF PORT ANGELES Nathan A. West, City Manager Un 6of8 August 15, 2023 E - 29 EXHIBIT A SERVICES AGREEMENT This conforms to the agreement between the City of Port Angeles and Trebucket Legal Consulting, LLC, for Hearing Examiner services. A. The services provided by Trebucket Legal Consulting, LLC will consist of the following: The Hearing Examiner shall provide those services and fulfill those duties as identified in the City's ordinances relating to the Hearing Examiner and carry out such other responsibilities as may be agreed to between the City and the Hearing Examiner. Those services, duties, and responsibilities include preparing and maintaining Rules of Procedure; preparing for land use hearings by reviewing files and applicable laws; conducting site views of properties that are the topic of a land use hearing, when appropriate; conducting hearings on appeals; and preparing written decisions, including findings and conclusions, on all applications and appeals heard. The Consultant shall have adequate technology and equipment to receive large volumes of records in digital format. No paper copies of permit files, hearing records, staff reports, or submitted exhibits will be provided to the Consultant by the City. Andrew Reeves will serve as the City's Hearing Examiner. By agreement of the parties, "pro temp" Hearing Examiners may be used by the Consultant when Mr. Reeves is unavailable or has a conflict. The City, however, retains the authority to approve of use of "pro temp" Hearing Examiners. Moreover, this contract is non-exclusive and, accordingly, the City may separately contract with other providers for hearing services if it so desires. B. The work of the Hearing Examiner will be scheduled by the City's Department of Community and Economic Development staff in consultation with TLC. TLC, however, will ensure that the City has a regular, three-hour time period each month open and available for hearings to be scheduled. This regular time slot is meant to facilitate scheduling hearings. When necessary, however, hearings may be scheduled outside this "regular" time slot by agreement of the City and TLC, and at no additional cost. Hearings may be held in person or virtually as mutually agreed to by the City and the Consultant. The Consultant shall provide adequate technology and equipment required for successful audio and video connection capabilities. C. The Hearing Examiner shall prepare an annual report detailing matters heard in the previous year, as well as thoughts on how to improve the Hearing Examiner system. The Hearing Examiner may also provide suggestions in such report on how the City may update and/or improve its municipal code where applicable. D. The Hearing Examiner shall provide at least twos training sessions, each year, to the City. 7of8 August 15, 2023 E - 30 EXHIBIT B RATES • $825 monthly retainer covering the cost of the matters identified in the Scope of Work — Exhibit A. The parties acknowledge that this fee covers the annual cost of the Hearing Examiner providing: an annual report; maintaining Rules of Procedure; delivering at least two training sessions; and making a three-hour time slot available each month wherein hearings may be scheduled. • Permit application hearings shall be billed at the following flat rates: $ 1,750 $3,000 $3,850 • Single -Family • Annexation - • Consolidated hearings on Residential and Uncontested permit applications, not Duplex Variances • Binding Site including any appeals • Zoning Reclassifications Improvement Plans • Overlay Zones • Nonresidential Variances • Shoreline Variances, and and Conditional Use • Shoreline Conditional Use Permits Permits • Multifamily Variances • Annexation - Contested and Conditional Use Permits • Preliminary Subdivisions • Shoreline Substantial Development Permits • Street Vacations • Unclassified Use Permits • Appeals of Administrative Decisions shall be billed at $225 per hour. • Code Enforcement Hearings shall be billed at $225 per hour. • Permit Applications and other hearings not specifically provided for shall be billed at $225 per hour. 8of8 August 15, 2023 E - 31 July 21, 2023 City of Port Angeles Director of Community & Economic Development 321 E. Fifth Street Port Angeles, WA 98362 RE: Conclusion of Hearing Examiner Services To Whom It May Concern: Please be aware that Sound Law Center, LLC (or "SLC"), a single -member limited liability company wholly owned by its founder, Attorney Ted Hunter, will no longer be offering and/or providing hearing examiner services in the near future. Mr. Hunter is aware that Attorney Andrew Reeves — who has served as the City's primary hearing examiner since inception of the most recent contract between the City and SLC — has created a new single -member limited liability company (Trebucket Legal Consulting, LLC, or "TLC") and intends to continue providing hearing examiner services to the City of Port Angeles in the future. SLC/Mr. Hunter have no objection to the City contracting with Mr. Reeves or others for future hearing examiner services and this letter may serve as notice that all rights provided under the previous contract between Sound Law Center and the City shall terminate within 60 days of receipt of this letter —or at the City's convenience —apart from payment of any remaining (outstanding) invoices. Please let us know if the City needs any additional information. Mr. Reeves can be reached most readily at 253-393-3594. Respectfully, r- Andrew Reeves Ted Hunter Managing Partner Founder/Owner Sound Law Center, LLC Sound Law Center, LLC August 15, 2023 E - 32 POR-T-ANGELES � CITY COUNCIL •n� WASH INGTON, U,S, MEMO Date: August 15, 2023 To: City Council From: Mike Healy, Director ofPublic Works & Utilities Subject: Salt Storage Structure Summary: The Streets Division seeks to purchase a ClearSpan Salt Storage Structure. The Salt Storage Structure will improve winter snow and ice operations by allowing employees safe access to salt and sand during winter storms. It will allow the storage of pre -mixed salt and sand and protect sand from damp conditions. This purchase was advertised on the Sourcewell Cooperative Purchasing contract 9110822- CSS. Funding: Funds are available from savings in the 2022 Street budget in the amount of $56,500.00. The remainder will be from the approved 2023 Street Budget (102-7230-542-3120) in the amount of $5,500.00. Recommendation: Approve the procurement of a Salt Storage Shelter from the Sourcewell Cooperative purchasing contract 9110822-CSS in an amount not to exceed $62,000 and authorize the City Manager to execute a purchase contract and to make minor modifications if necessary. Background / Analysis: The Salt Storage Structure is vital to winter snow and ice operations for the City of Port Angeles. Port Angeles is in a climate that is not conducive to storing salt or sand in an open environment. This structure is an industry standard that municipalities, counties, and state DOT'S use and will allow City employees access to tall piles of sand and salt during winter storms without risk of potential injury from removing tarps that are covered in snow and ice. Additionally, it will keep sand dry, so it does not freeze or clump in trucks during the sanding process. This structure will also allow Streets Division staff to keep premixed salt and sand ready for use in preparation for winter storms in the forecast. Currently the City does not have an available covered area to use for the preparation of salt and sand. Thus, during snow events valuable hours must be spent missing product. Citizen expectations have increased for winter road maintenance throughout the years. This structure will allow crews to spend more time out on the roads performing winter road maintenance and less time in the Corp Yard mixing salt and sand during storms. More time on the roads will lead to more consistent outcomes and less icing possibility during snow events and better allow the crews to assist emergency services. Currently the City does not have enough storage to reach the 80/120 agreement on the Washington State contract for salt purchasing. This salt storage structure will allow the City to meet the minimum contract requirements and help to ensure that the City will be able to purchase road salt when needed. In recent years the City has been on a first come, first serve basis for the purchase of salt and has not been guaranteed product. August 15, 2023 E - 33 Funding Overview: Funds will be used for the purchase in the amount of $56,500.00 from the excess Street reserves in 2022 in conjunction with funds from the approved 2023 Street Budget (102-7230-542- 3120) in the amount of $5,500.00. August 15, 2023 E - 34 i,;;;� ';L CITY CQUNCIL W A S H I N G T O N, U.S, MEMO Date: August 15, 2023 To: City Council From: Brian S. Smith, Police Chief Subject: Stonegarden Grant Agreement Summary: The Port Angeles Police Department has received a grant through the Stonegarden grant program since 2009. The grant originates with the Federal Emergency Management Agency (FEMA) and is administered by the Washington State Military Department. The Clallam County Sheriff's Office is a sub -recipient and provides grant funding to the Port Angeles Police Department and City of Port Angeles through a letter of understanding. The FY 2021 Stonegarden Grant Program awards the Port Angeles Police Department $25,922.84 for patrol overtime in the designated Downtown and Waterfront areas. The grant performance period commenced on September 1, 2021 and will end March 1, 2024. PAPD is currently expending overtime funds awarded in the FY 2020 grant. Funding: The funding provided is for overtime and fringe benefits and is added to the Police Department budget. There is no match. Recommendation: Authorize the City Manager, Finance Director and Police Chief to sign relevant portions of the agreement with the State of Washington and Clallam County. Background / Analysis: The Stonegarden program has provided the City of Port Angeles substantial overtime and equipment funding since the program inception in Clallam County in 2009. The overtime funding allows the Police Department to augment patrol coverage on the Olympic Discovery Trail, the Downtown/Waterfront District and on Ediz Hook. The FY 2021 award is substantially less than previous grants but still adds value to the Police Department patrol's efforts. Funding: The funding provided is for overtime and fringe benefits and is added to the Police Department budget. There is no match. Attachment A: The Washington State Military Department Homeland Security Grant Program Agreement and associated required documents. August 15, 2023 E - 35 t 10 G "-;� - 7l2 - C) I a �iubrecipiont Name and Addres& Clallam, County of Sheriff's Office 223 East 4th Street, Suite 12 Alice Hoffman, (360) 417-2257 Washington State Military Department SECURITY GRANT PROGRAM, AGREEME Z Grant Agreement Amount $97,500 ra�Tl`;Gg �eery;e­n-i —StaR —6ate, September 1, 2021 Department Contact, phoneje-mad: . Deborah Henderson, 253,612-7470 10, Funding Autjjorqy: ,)ILfishifl,aton State Millta -i"l ....... . ... . . . Federal F—unding identification; EMW-2021-SS-000183-S01 74, Total FAward —ederal._ - I $14,294qxo� ­­ 17'. Service Dstricts� BY LEGISLATIVE DISTRICTS; - BY CONGRES$IONAL DISTRI 2f, Xgfeeme'WClassifi;-a—tion FACE SHEET 3, Grant Agreement Num erg E23-049 dP`rani7Agreement `9`n`dDiiW.'- March 31, 20l24 8. Unilque Entity «tv6JJNkLRB arlrn,2!�I!Laril the - U.S' D!tpartqient of Home ' i� Da----: - _ ii 12. 1- 111 TT AssiWia­n-�e-G - 01212021 L 97-0167 - 21HSGP.L( irrgs 15. Program Index # 0BJ/8UB-OBJ- 7'13GA, 713130, 713GF, 713GZ I NZ 39,40,42 lT& 2 91. UBI # (state revenue), 054-004-659 0 c u rM HS) Te-rl7y'CF AFj CFt"j-,­- 16. LIN 91 ­6001290 --TF�Wo—ryi;-n/Mi—no�iTy-Ow—ned, 18, Service Area by County(iles): 19. Worren/Minority Owned, ciallarn Certified: M l-I Personal Services 0 ChOntServices M P,ublic/i_ooalGov,t 0 yt!op 11, Researctl- - meat . F1 A/E 1,1] Ot�her ............. Subrecipient Selection Process: A "To all who apply & qualjfy,, [I CornPefifive Bidding 0 Sole Source U AIE RCW 0 N/A [-I Filed w/OFM? M Advertised? ID YF:$� 0 NO 0 YES, OMWBE�* 21, Contract Type (check all that apply): NO E,j contract M Grant N Agreement Q Intergovernmental 9,.34) 0 interagency Subrecipient Type (check all that apply) Private Organization/Individual C7 For -Profit 9 Public Organizotion/Jurisdiction E-1 Non -Profit 0 CONTRACTOR U SUBRECIPIEN'r n OTHER The 00JOctive of the Federal FlaCtil Year (FFY) 2021 Homeland Security Grant Program (21HSGP) Is to fund state, [oral, tribal, and torritorlail efforts to prevent torrorlarn and prepare the nation for throats and hazards that 13059 the greatest risk to the security of the Un:ltotl States, 21 HSGP provides handing to implement Investinents that build, sustain, and deliver this sore capabilities essential to ng the National Preparedness Goal of asecure and resilient nation. 21HSOP supports core capabilities across the five mission areas otilarcellvileovition, protection, mitigation, response, landrecovery based on allowable costa. H8GP 19 comprised of throe interconnected grant programs; State Homaiand Security Program (S�HSP), Urban Areas Security Initiative MASI), and Operation Stonegardon (OPSG). Together, those grant programs fund a range Of nistrationpreparedness activities, including planning,, organization, equipment purchase, training, exercises, and managemon t and admi, The Department Is the Reciplont and Pass -through Entity of the 21HSGP DRS Award Letter for Orant No. EMW­2021-41S.00083-801, which is Incorporated! in and attached hereto as Attachment C and has made a subaward of funds to the Subrecipient pursuant to this Agreement, The Subroc alont Is accountable to the Nye rtment for use of Fecloral, award Nn!!s royidod tinder this 64Lrqqmant. "n"r "-'6-brecipiesit'ark'IOWPd�6"-i(-Itl—accePt the tgr-ffl-s-oFth-iiAo—retm�e�T7ne—itidfn-g-iTI ­refeFR—ced aFta­(;hmejjts r1rin f no 91 P have executed this Agremnomt as of the (late bellow. 1'hIS Agreement Face Sheet; Special Teipm & Conditions Conditions (Attachment ft DHS Award, Letter (Attachment C). Work Plan (Attachment D), Budget (Attachment E), r documents and altachrrents exfjreSSlY referenced and incorporated herein contain all the terms and condilions agreed L rights and obligations of the lIaMes to 11145 Agreement, No other understandings, oral or otherwise, regarding the sijbjert deemed to exist or to bind afiv nfiiiI nnri,l,.)- In1heeven ll inconsistency irittlisAgreement, unless otherwise provide Order I. Applicable federal and state statutosand regulations 2. DHS/FEMA Award and program documents 3. Work Plan Timeline and So WPEREAS,the parties have executed this Agreement on the day FO THE DEPARTMENT a/2022 re Dote Regan Anne Hesse, Chief Financial Officer Washington State Military Department BOILERPLATE APPROVED TO FORK Qavid B. Merchant, Assistant Attorney General (9/7/2021) herein, the inconsistency shah be 4, Spocial'Terms and Conditions 5. General Ton'ns and Conditions, and, 6. Other Provisions of the Atireemartt li I Year last specified below, by giving precedence in the f0l—oling FOR TH SUBRECI 0", TV 12) "W. Signat A -L- 4'r Date Mark Ozios, Chair Ciallom, County Socc TO FORM (if applicable): 7/29/2022 DH$-FEMA-H$GP-OPSG-FY21 Page 101`42 Clallam County Sheriff's offics.623-049 August 15, 2023 E- Attachment A SPECIAL TERMS AND CONDIT11FOUS ARTICLE 1, KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement, Any substitution of key personnel by either party shall be made by written notification: to the current key personnel, ARTICLE 11. ADMINISTRATIVE ANDIOR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DFIS/FEMA applicable to the 21HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of "The Department of Homeland Security (DHS) Notice ot Funding Opportunity (NOFO) Fiscal Year 20,21 Homelarld Security Grant Program" (hereafter "the N0170") document, the FEMA Preparedness Grants Manual document, Version 2,, published February 2021 (hiereafter "the Manual"), the DHS Award Letter for Grant No. EMIM-2021-SS-00063-Sol, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference, The DHS Award Letter is incorporated in this Agreement as Attachment C. 'rhe Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State Of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed' under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount, A. STATE AND FEDERAL REQUIREMENTS FOR OHSIFEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department, I. SUBAWARDS &CONTRACTS BYSUBRECIPIENTS a, If the Subrecipient also becomes a pass -through entity by making a subaward to a non-federal entity as its Subrecipient, the Subrecipient must make a case -by -case determination whether each agreement it makes for the disbursement of 21 HSGP funds received under this agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200,330, i, The Subrecipient must comply with all federal laws and regulations applicable to pass. through entities of 21 HSGP funds, including, but not limited to, those contained in 2 FR 200, ii. The Subrecipient shall require its subrecipient(s) to Comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 21 HSGP Program, including, but not limited to, all criteria, restrictions, and requirements of the NOFO, the Manual, the DHS Award Lotter for Grant No, EMW-2021-SS-00083-Surf in Attachment C, and the federal regulations commonly applicable to DIdS/FEMA grants, DHS­FEMXH,'3GP-0PSG-FY21 Page 2 of 42 Ciallam County Sheriff ffice. E-23-049 August 15, 2023 V- 37 iii, The Subrecipient shall be responsible to the Department for ensuring that all 21 HSGP federal award funds provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment C of this Agreement. 2, BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis, upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and skull not exceed the total Grant Agreement Amount, C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 200,414 and Appendix VII to 2 CFR 200: If the Subrecipient receives direct fuind�ing from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A, More than $35 million, the approved indirect cost rate agreement negotiated with its federal cognizant agency, B. Less than $35 million, the indirect cost proposal developed in accordance with Appendix VII of 2 CFR 200 requirements, If the Subrecipient does not receive direct federal funds (i.e,, only receives funds as a subriecipient), the Subrecipient must either elect to charge a de minimus rate of ten percent (10%) or 10%, of modified total direct costs or choose to negotiate a higher rate with the Department. If the latter is preferred!, the Subrecipient must contact Department Key Personnel for approval steps, d, For travel costs, the Subrecipient shall comply with 2 CFR 2010.475 and should consult their internal policies, state rates set pursuant to RCW 43.03,050 and RCW 43,03,060 as now existing or amended, and federal maximum rates set forth at hit -Llm—�WWAqa, q and follow the most --ok -I( Y, restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. e. Reimbursement requests willll include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided) by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to no later than the due dates listed within the Timeline (Attachment F), Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department f. Receipts anid/or backup documentation for any approved items that are authorized under this, Agreement must be maintained by the Subrecipient consistent with, record retention requirements of this Agreement and be made available upon request by the Department, and federal, state, and local auditors, g. The Subrecipienit must request prior written approval from Department Key Personnel to waive or extend a due date in the Timeline (Attachment F), For waived or extended reimbursements, all allowable costs should be submitted on the next scheduled reimbursement due date contained in the Timeline, Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the Agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timellne will be treated as a request for Amendment of the Agreement, This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion, DHS-FEMA+lSGP-OP $G-FY21 August 15, 2023 Page 3 of 42 Clallarn County Shoriff s Office, E23-049 E - 38 h. All work under this Agreement must end on or before the Grant Agreement End Date, arid the final reimbursement request must be submitted to the Department within forty-five (45) days after the Grant Agreement End Date, except as otherwise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipi�ent's subproject(s), N. No costs for purchases of equipment/supplies will be reimbursed until the related equipryient/supplies have been received by the Subreciplent, its contractor, or any non-federal entity to which the Subrecipient makes a subaward and is invoiced, by the vendor. j, Failure to submit timely, accurate,, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline [Attachment F]) will prohibit the Subrecipient from being reimbursed until such reports are submitted and the Department has had reasonable time to conduct its review. K Final reirnbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement 1, For SHSP and UAS1 Subreciplents, a written amendment will be required if the, Subrecipient expects cumulative transfers among subproject totals, as identified in the. Budget (Attachment E), to exceed ten percent (10%) of the Grant Agreement Amount, If a Subrecipient has only one subproject, cumulative transfers arriong solution areas within the subproject that exceed ten percent (10%) of the Grant Agreement Amount shall require an amendment to this Agreement. m. For OPS G Su�brecipients, any deviations from the approved, direct budget categories will: require additional federal approvals and a written amendment. n. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for, the same purpose, The Subrecipient may be required to demonstrate and document that the reduction in non-federal resources, occurred for reasons other than the receipt or expected receipt of federal funds. REPORTING a. With each reimbursement request, the Subireciplent shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2, D-3), activities in the format provided by the Department. b, With the finale reirnbursernent request, the Subreciplent shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U,S.C, 6101 note) and complete and return to the Department an Audit CertificationIFFA,TA Form, This form is, required to be completed once per calendar year, per Subrecipient, and not per agreement, The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement, cl. SHSP Subrecipients shall participate in the State's annual Stakeholder Preparedness Review (PR), the State's Threat and Hazard Identification and Risk Assessment (THIRA), core capabilities assessments, and data calls, Non -participation may result in, withholding of funding under future grant years, e. LIASI Subrecipients shall participate in the annual ILIA SPIN and THIRA process. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a s,ubaward shall comply with 2 CIFIR 200.317 through 200.327 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 fo,r management of equipment, and 2 CFR 200.314 for management of supplies, to include,, but not limited to: DHS-FEMA-HSGP­0P,SG-FY21 Page 4 of 42 dollar county Sheriff's Office, E23-049 August 15, 2023 E-39 Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non- federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legall transfer of ownership is in place. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system, inventory system records shall include - A. Descri!ption of the property; B. Manufacturer's serial number, model number, or other identification number; C. Funding source for the property, including the Federal Award Identification Number (FA I N); D. Assistance Listings Number (formerly CFDA number); E Who holds the title; F. Acquisition date, G, Cost of the property and the percentage of federal participation in the cost; R Location, use and condition of the property at the date the information was reported; 1. Disposition data including the date of disposal and sale price of the property, iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years, Any, differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference, The SUbrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment,, V, The Su:brecipient SW be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability, The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well -maintained and kept in good operating condition, vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. vifi� If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: A. For Supplies., If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subreciplent must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The arnount of compensation must be computed in the same rrianner as for equipment. B. For Equipment: DHS-FEMA-HSGP-OPSG-FY,21 August 15, 2023 Page 5 of 42 Claflarn County Sheriffs Office, E213-049 E - 40 1 Items with a current per -unit fair -market value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the federal awarding agency, 2) Items with a current per -unit fair -market value in excess of five thousand dollars ($5,000) may be retained or sold. The ubrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200,313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six (6) years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six- (6) year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involvingthe records have been resolved, b, The Subrecipient shall comply 'with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement, No reimbursement will be provided unless the appropriate approval has been received. c,. Allowable categories for HSGP are listed on the Authorized Equipment List (AEL) located on the FEMA website at t)ttpa,/lWvk�&f ni -e�q VjpL1]gDL1j , it is important that the !Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AL as an authorized purchasing list identifying Items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the ,AEL at time of purchase, If the item is not identified on the AEA, as allowable under HS1GP, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. If funding is allocated to emergency cornry'runications, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants ensuring the investments are compatible, interoperable, resilient, and support national goals and objectives for improving emergency communications. f. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any, FEIVIA award funds to; i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L, No, 115-232 (2018). Recipients and subreciplents may use DHS/FEM'A grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and applicable NOFO. Per section: 889(f)(2)-(3) of the FY 2019 NDAA, and" CFR 200.216, covered telecommunications equipment or services means: D1'-iS­FEMA-H$GP-OP SG-FY21 Page 6 of 42 Ciallarn County Sheriff's Offi(-,e, E23-049 August 15, 2023 E-41 Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii, Telecommunications or video Surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. g. For PSG Subrecipients, items budgeted as equipment in an approved Operations Order, must follow all associated equipment regulations in the 2 CFR 200.3113 and must be marked prominently with "Purchased with DHS funds for Operation Stonegarden Use" when, practicable. h, The Subrecipient must pass through equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity, to which the Subrecipient makes a subaward of federal award funds under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the 0HS/FEMA Environmental Planning and Historic Preservation (EHP) Program, EHP program information can be found at qL_ q(ic all of which are incorporated in and made a part of this Agreernent, b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification, or renovation of existing buildings, structures, and facilities; or new construction, including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation, Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. c. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting docurrientation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties, d, The Subrecipient agrees that, to receive any federal preparedness funding, al;i EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and EMA approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient may not be reimbursed, 6, PROCUREMEN: I T a, The Subrecipient shall comply with all procurement requirements of 2 CFR 200.317 through 200.327 and as specified in the General Terms and Conditions, Attachment B, AAO b, For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the ubrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the, Subrecipient makes a: subaward., DHSAW"JI'1161,13216M Page 7 of 42 Ciallarn County Sheriffs QfgS2 E23-049 I a, The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's, monitoring activities will be to ensure that agencies receiving federal pass - through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations,, as well as 2 CFR Part 2'00 Subpart F. b, To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department an Audit Certification/FFATA form, This form is required to be completed once per calendar year, per Subrecipien't, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement, c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports-, ii. Monitoring and documenting the completion of Agreement deliverables', iii. Documentation of phone calls, meetings (e.g,, agendas, sign -in sheets, meeting minutes), e- mails, and correspondence,, iv, Review of reimbursement requests and supporting documentation to ensure allowabiHty and consistency with Agreery,ient Work Plan, (Attachments 0-1, D-2, D-3), Budget (Attachment E), and federal requirements; v. Observation and documentation of Agreement -related activities, such as exercises, training, events, and equipment demonstrations; and vi. On -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. cl, The SUbreciplent is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass -through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a corrective action plan. 8. LIMITED ENS GLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) The Subrecipient must comply with the Title A of the Civil Rights Act of 1964 ('11"itle VI) prohibition against discrimination on the basis of national origin, which requires that Subreciplents of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services, Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written trans,lation, Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DIES Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affectingi Limited English Proficient Persons, 76 Fed. Reg. 217551-2176"8, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elernents, of an effective plan on language assistance for LEP persons, For additional assistance and information regarding language access obligations, please refear to the DHS Recipient Guidance at bltp_L,�/ww_wdh§,,Agy_/ggi&.QS_e-Ru_hl -meaniehu_L- -p -jr , _ _0 .A_gP_(g_ej5�§__g9j2)& _nlftg and additional resources on 4MrwAQqpj qQv. 9. NIMS COMPLIANCE a, The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless, of their cause, size, location, or complexity, NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions, to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation, DR$JE,UMAgusl I jb-HSGP-g?S . Page 8 of 42 Clallam County Sherifg 2ff 2M49 b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response, NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c; In order to receive FY 20,21 federal preparedness funding, to include 21 I­ISGP, the Subrecipient willl ensure all IMS objectives have been Initiated and/or are in progress toward completion, NIMS Implementation Objectives are located at 07/fenia n! ureae!q HISGIP SPECIFIC REQUIREMENTS 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachments D-1. D-2, D-3), as approved by the Department, and in compliance with this Agreement, a. SHSP-funded projects must assist state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond; to acts of terrorism. b. UASI-funded projects must assist high -threat, high -density Urban Area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism, C. OPG-funded projects must support enhanced cooperation and coordination among Customs and Border Protection, United States Border Patrol, and federal, state, local, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well: as states and territories with international water borders. State, local, tribal, and territorial law enforcement agencies utilize their inherent law enforcement authorities to support, the border security mission and do, not receive any additional authority as a result of participation in OPSG, d. State agencies, including law enforcement, must comply with RCW 43.17,425 and may not use agency funds (including this grant), facilities, property, equipment, or personnel, to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, except as provided in RCW 43.17,425 (3), 2, The Budget (Attachment E) may include the following caps and thresholds: a. If funds are allotted for Management and Administration (M&A), such expenditures must be related to: administration of the grant, The maximum percentage of the Grant Agreement Amount that may be used for M&A costs when allocated under this Agreement shall not exceed five percent (5%) but may be less. b. At least twenty-five percent (25%) of the combined HSGP award allocated under SHSP and UASI must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this, requirement, the Subrecipient has, agreed, at a minimum, to meet the LETPA percentage indicated in the Budget. If the Subrecipient anticipates spending less than the indicated amount, a budget amendment is required, c. The maximum percentage of the Grant Agreement Amount that may be used for personnel expenses under this Agreement is identified in the Budget, It the Subrecipient anticipates spending more on, personnel costs, an amendment is required. Additional approval steps may also be required before the personnel percentage can be increased, 3, If funding is allocated to a Fusion Center investment, the Subrecipient must ensure all Fusion Center analytical personnel demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal Intelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. All training to ensure baseline proficiency in ;-�mN Page 9of42 Clallain County ShehL% 0" E23-045 intelligence analysis and production must be completed within six (6) months of hiring unless the analyst has previously served as an intelligence analyst for a minimum of two (2) years. Proof of satisfaction of this requirement must be accessible to the Department Key Personnel as applicable. 4If funding is allocated to non.) HS FEMA training, the Subrecipient must request prior written approval from the Department Key Personnel before attending the training. The Department will coordinate approval with the State Training Point of Contact. If funding is allocated to non-DHS FEMA training, the Subreci!pient must request prior written approval from the Department Key Personnel prior to attending training. The Department will coordinate approval with the state Training Point of Contact, Pursuant to DI--IS/FEMA Grant Programs Directorate Information Bulletin No. 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, 0411rainina Course Review Ili Final 7 IQ 1 f, the training must fall within the FEMA mission scope and be included in the Subrecipient's Emergency Operations Plan, This requirement only applies to training courses and does not include attendance at conferences. Furthermore, additional federal approvals are required for courses that relate to Countering Violent Extremism prior to attendance. 5. For SH8P and UASI, Subrecipients are required to complete the annual Nationwide Cybersecurity Review (NCSR) �q.O.IJWW _qj _rrw i R@§og§ Zc to benchmark and measure progress of improvement in their cybersecurity posture, 6. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high -risk locations and to enhance public safety during mass gatherings and high -profile events. However, except for an elevated National Terrorism Advisory System alert, 2LIor written, approval is required before SHSP and UASI funds may be used for operational overtime. Requests must be submitted! to, the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met. 7. Subrecipients should document their preparedness priorities and use them to deploy a schedule of preparedness events in a multi -year Integrated Preparedness Plan (IPP), Su!brecipients are encouraged to participate in the State's annual Integrated Preparedness Planning Workshop (IPPW) or may conduct their own local/regional IPPW. Information related to IPPs and Integrated, Preparedness Planning Workshops (IPPWs) can be found on the HSEEP website at ! A t PA —.1 Lw_w —vv,-fp,.; na -q _QY _/ U �E! and hA P§- LJ Pop Lqml �P m a a Pow/ - C DHS TERMS AND CONDITIONS As a subrecipient of 21HSGP' program funding, the Subreciplent shall comply with all applicable DHS terms and conditions of the 21 HSGP Award Letter and its incorporated documents for DHS Grant No. EMW-2021­SS-00083­S01, which, are incorporated in and made a part of this Agreement as Attachment C, DHSAJ"f 1l8P 116JI Page 10 of 42 Cloillarn County Sherit 2ft, E23.049 Attachment 8 Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) G ra nts A, 1 DEF1 I I I _N11TIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a, "Agreement" rneans this Grant Agreement. b. "Department" rneans the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department, The Department is a recipient of a federal award directly from a federal awarding agency and is the pass -through entity making a subaward to a SUbrecipient under this Agreement, C, "Investment"' means the grant application submitted by the Subrecipient describing 'the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. d, "Monitoring, Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies, e, "Stakeholders Preparedness Report (SPR)" The SPR is an annual three -step self -,assessment of a community's capability levels based on the capability targets identified in the THIRA. f. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department, However, the definition of "Subrecipient" is the same as in 2 CFI 200.93 for all other purposes, 9. "Threat and Hazard Identification and Risk Assessment (THIRA)" The THIRA is a three -stop risk assessment. The THI,RA helps communities understand their risks and determine the level of capability they need in order to address those risks. The outputs from this process lay the foundation for determining a community's capabifty gaps during the SPR process, A,2 ADVANCEPAYM N �Ej -TaEROHIBITE Q The Department shall make no payments in, advance or in anticipation of goods or services to be provided under this Agreement, Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A, I QMEMIaANQ The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized! representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties, The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s), AA AMERICANq WITH niAARil MrzA(.T tAr)Anr-- la0f) D1 IMI It' I A%A/ 1411 WUZ A) I I Q F1 41)4n4 CY The Subredpient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication, A. ASSURANCES DHS-r- EMA-i-4SGP-0P$G-FY21 Page 11 of 42 Clailam County Sheriff's Offiloe E23-040 August 15, 2023 E-46 The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with alll the applicable current federal, state and local laws, rules, and regulations. A,6 Q�-RTIE-LCAI]ION REGAR ING Q-Q-36RMENT, U5aEN Qg INELIpOL11Y As federal funds are a basis for this Agreement, the Subreciplent certifies that the ubrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspensi . on, Ineligibility, and Voluntary C-xclusion form located at h : milmAa gy/MgL nt- ggDW-Mana -w.& - -- Eflym-me-Ok Any such forrn completed by the Subreciplienit for this Agreement shall be incorporated into, this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning: the federal debarment and suspension system, including 2 CFR Part 180.'The Subrecipient certifies that it will ensure that potential contractors or subrcipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency, "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e,g,, grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (httpsL/s_aMRqv/A a _M) maintained by the federal government, The Subrecipi0nt also agrees not to enter lnto any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "L)ebarred Contractor List, .L,g re, I rj1.Kq.%qM/_L1e_bThe ubrecipient also agrees not to enter into any agreements or contracts for" the purchase of goods and services with any party on the Department of Enterprise Services' "Debarred Vendor List" —wa.govIservi pps/C A,7 CERTIFICATION BE96RO-N-93 RE ;q!R—IMIQ—ON-LO—BOYING AS required by 44 CFR Part 18, the Suibrecipient hereby certifies, that to the best of its knowledge and beliO (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection, with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or erriployee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subreciplents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this, transaction was made or entered into and is a prerequisite for making or entering into this, transaction imposed by section 1352, title 31, U.S. Code, A-8 COM ILIANCE W'ITH APPLIQABLE STATUTES, RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the'Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights ,Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42,52), Covenant Against Contingent Fees (48 CFR Section; 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39,12), State Environmental Policy Act, (RCW 43,21 C), Shoreline Management Act of 1971 (RCW 90.58), DHSA P1110SJ60 Page 12 of 42 Oallam County Sherifk off? E23-049 51 State Building Code (RCW 19.27), Energy Related Building Standards (RC / 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70,92), and safety and health regulations, In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrec,ipient is responsible for all costs or liability arising frorn its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders:, OMB Circulars or policies. A.9 CONFLICT OF INTERFST No officer or employee of the Departmeritq no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subreciplent who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement, The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting Such interest pursuant to this provision, A,10 Q9N!86CTlNp_&pR0ct4f3.i a, The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CF'R Part 200,,3117 General procurement standards through 200,327 Contract provisions, As required by Appendix 11 to 2 Cr Part 200, all contracts entered into by the Suibreciplent under this Agreement must include the following provisions, as applicable. 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U,Si,C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, ands provide for such sanctions and penalties as appropriate. 2) Ali contracts, in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity, Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under, 41 Cr 60-1,4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p, 339), as amended by Executive Order 11375, "Amending Executive Oirder 1,1246 Relating to Equal Employment, Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis -Bacon Act, as amended (40 U.&C, 3141-3148), When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U,iS,C, 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standardis Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor, In addition, contractors, must be required to pay wages, not less than once a week, The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspectedor reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U'S.C. 3,145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and DH8-FEMA-HSGP-OF1SG-FY21 Paige 13 of 42 Ciallam County Sheriffs Office, E23-049 August 15, 2023 E-48 Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,"). The Act provides that each contractor or Subrecipient must be prohibited frorn inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U,S,C, 3701-3708). Where applicable, ,all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of Mechanics or laborers must include a provision for compliance with 40 Ul�S.CW 3702 and 37014, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required, to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U,S,C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence, 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR §401,2 (a) and the recipient or Subreciplent wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with, the requirements of 37 CFR Part 401;, "Rights to Inventions Made by Nonprofit OTanizations and Small Susiness Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency, 7) Clean Air Act (42 U,S.C. 7401-7671q,) and the Federal Water Pollution Control Act (33 U,S,C, 1251 1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that irequires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U,C, 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S., 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see' CFR 180.22,0) must not be made to parties listed on the government -wide exclusions in the System for Award Management ( AM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p, 235), ""Debarment and Suspension," SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U,S,C, 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must, also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award., Such disclosures are forwarded, from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal, entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part DH$AU4dWrjV1, Page 14 of 42 Claflarn County Sherift QU E23-049 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines- 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyright$ and rights in data, 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller Ienerall of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the Mate energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub, L 94-163, 89 Stat, 871). 16) Pursuant to Executive Order 1858 "Strengthening Buy -American Preferences for infrastructure Projects," and as appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub -award that is chargeable against federal financial assistance awards. 17) Per 2 C.F.I. § 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S, McCain National Defense Authorization Act ,for Fiscal Year 2019 (FY 2019 NDAA), Pub, L No, 115- 232(2016), b, The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents Into compliance with the requirements of 2 CFR Part 200.318 through 20i ,. The Subreciplent must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of'the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference, A, 11 gaqQaga The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subreciplent's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order, A,12 Q I _SeU TE S Except as otherwise provided in this Agreement, when a bona f1de dispute arises between the parties and it cannot be resolved through discussion and negotiation, either, party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shallll be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the: third panel member, 0HSAU§dff PtWEW2a Page 15 of 42 Clollam, Sh County edfLs Of" E23..049 I A.13 hEg6LEE18J1QN§ It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. INo joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from aill claims, actions, costs, damages or expenses of any nature whatsoever by reason, of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitee's, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement, ro, the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement, This obligation shall not include such clairns, costs, damages or expenses which may be caused by the sole negligence of the Department- provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shalll be valid and enforceable only to the extent of the negligence of the Su:brecipient, or the Subrecipient's agents or employees. Insofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply: 44 (,,FR 20&9 NgLi-jiabilRy. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or, an employee of the Federal government in carrying out the provisions of the Stafford Act, A, 14 LIMITATIO - _A�THPRI-[Y.._ _AQTF10RIZFQ �jiQl9AIQBE The signatories this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, arnend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives, except as provided for time extensions in Article A-3. Further, only the Authorized Signature representative or Alternate for the Subrec,ipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement, A,15 LOSS 0RB�DQCTlONgFF .FUNDIN ' FUNDIN In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a, "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. ,A,, 1, 6 �L0_NA&qigaNA9!M Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned: by the Subrecipient. A.1 7 aQ N D , F�LM I NAIL ISC _ 0 N The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies', No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or rnilitary status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement, DHS- REuMA HSJP ?S�ff Page J 16 of 42 Cflam laCounty Sherift 2fqAj, E23-049 g6s I , A.18 NQILCES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A, 19 OCCUPATIONAL EE1)2lJE6LJ.H8,Q_J and WASHINGT_QN INDUSIRIAL, §8_FgJY/,HC-AL1H—A!U K5:dAffil §I.i6l The Subreciplent represents and warrants that its workplace does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subirecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply, A-20 QWNERSHIP OF PRQJECTICAPI!61=FA l IitlF The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington, and the United States government harmless from any ands all causes of action arising from the ownership and operation of the project. &21 POLITI_QAL& Q _11YLU, No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public, office or influence the approval or defeat of any ballot issue. &22 RQ—HI,BITION AGAINaT PiAYI JNLC C N The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs, A. EgMU9.ITY rhe Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. 'The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department, The Subreciplent may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CIFIR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A. LE APT !3E ERQYJ�I ICI in the event the Subrecipient fails to expend funds tinder this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds, in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipieft, A-25 —RC-CORDS a. The Subrecipient agrees to maintain all books, records, documents., receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and Indirect charges, and expenditures in the performance of this Agreement (the "records"). DHSAEMA-H,Sf j-gP$&JJ Pogo 17 of 42 Claflarn County S�herfs)92, E23-049 UgUE I b., 'The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEIFA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrec,ipient with the terms, of this Agreement and to determine the appropriate level of funding to be paid under the Agreement, C. The records shall be made available by the Sulbrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times, during the Subrecipient's normal working day, d, The Subrecipient shall retain and allow access to all records related to this Agreement and the 'funded project(s) for a period of at least six (6) years followings finale payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed, A,26 RESPONSIBILITY 9REPROJECTLSTEANT TAm OFWORK/WORK PLAN J — - E While the Department undertakes to assist the Subreciplent with the project/statement of work/work plan (project) by providing federal award funds; pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient, The Department undertakes, no responsibility to the Subrecipient, or to ,any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior, to the start of any construction activity, the Subreciplent shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subreciplent shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipienit shall not look to the Department,, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, 'including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project, A-27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end!, the terms and conditions of this Agreement are declared severable. A,28 Slh N EAQQIT AJ REL RE L MERM QUI MEM Oncl 90g_aq_AMEND The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subreciplents of a federal award, that expend $760,0100 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $760,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Dart Subpart F'. As defined in 2 Cr R Part 200, the term "non-federal entity" means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient, Subrecipients, that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement, The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS,, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. D11S-JEMA-HSJP­%!!)s Page 18 of 42 Oallam County She6f� ?fgl E23-049 Ug I Milli The Subreciplent shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain au,ditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues, or findings within 30 days of the date of request, The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient"s fiscal year(s): The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program -specific audit In compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following, actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F, the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 5_V_@_RE_QIP1,F_NT NOT EMPLOYEE The parties intend that an Independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever, The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subreciplent make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, including, but not limited to, 'Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW, It is understood that if the Subreciipient is another state department, state agency, state university, state college, state community college, state board, or, state commission, that the officers and employees are employed by the state of Washington in their own right and riot by reason of this Agreement. AM TA�ES, FEES AND _.QEN I _KLS Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance, A.31 TERMIN6TION EPR QQNVIENIENC� Notwithstanding any provisions of this Agreement,, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice to the Subrecipient, Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring, additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all dlamages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are, in addition to any other rights and remedies provided by law, DHS-Aftd-Wfr11if',$2O0 Page 19 of 42 OWWm County Sherift Pf" E23-049 A32 'r�-RMJN_AT[QN, 0 , RSUSPENSION FQB-Lug 0 The Department may unilaterally terminate or suspend all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a, reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subreciplent ten (10) business days prior, to termination. A. TERMINATION OR SUSPEEEN FOR CAUSE § 10 )N _N —n the event the Department, in its sole discretion, determines theubrecipient has failed to fulfill in a timely and proper manner its, obligations under this Agreement, is in an unsound financial condition, so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipi�ent unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or In part, The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. "rhe Department is not required to, allow the Subreciplent an opportunity to cure if it is not feasible as determined solely within the Department's discretion, Any time allowed for cure shall not diminish or eliminate the Subrecipient:'s liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. 'The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subreci,pient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation, process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are: in addition to any other rights and remedies provided by law. If it is, determined that the Suibrecipient., (1) was, not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a termination for. convenience,, X34 TERMINATION PIOD In addition to, the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon, termination of this Agreement and in addition to any other rights provided in this, Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated, If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for property authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (I) completed work and services and/or equipment or supplies provided for which no separate price is stated, (fl) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The. Department may withhold from any amounts due the Subreciplent such sum as the Department determines to be necessary to protect the Department against potential loss or liability. DHSAU9WW3jSVW23 Page 20 of 42 Clallam County Sheri a D93. E23-049 The right-, and, remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a� Stop work under the Agreement on the data, and to the extent specified, in the notice: b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of'such portion of the work under the Agreement as is not terminated', 0. Assign to the Department, in the manner, at the times, and to the extent directed by, the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d, Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause', e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f, Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and 9. 'rake such, action as may be necessary, or as the Department may require, for the protection and:, preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest, A,35 U_TlUZ6jJQN QF M11 ITY ANQ VMMEN ['U Theubrecipient is encouraged to utilize business firms that are certified as minority -owned and/or women -owned in carrying out the purposes of this Agreement The Subrecipient may set utilization standards, based upon local conditions or may use the state of Washington M,WBE goals, as identified in WAC 326-30-041. A. 36 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington,. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington, The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington, A.37 WAIVERS Na nditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHW-6YfA§tGf5)IP2O231 Page 21 of 42, Claflher49 arn County Sf %QS69, E23-0 Award Low, 71 21"072 Bret VV�: ,I Itrio Military Depz-jl1rr�pn1 Bujidirig 21) (,ainjl b/lutray, VVA98430 , 6 1221 No E-MVV 21'.)2 I-SS-00083 f, �jear ldro (riziujdhorty on behalf r)f the Deparwriont of ldr)rrmdand &�curily, youll, aripfication for lira aracial subroitv"'od unOr -(Iml (FY) 2021 Horcohrid Socl Irit-y Gont Fdri")(Jr -,vn haboors :q)plovofj in tho arriourit rat $1 4,284,`..112 00, You nos rqwifd w roatd-i 003 z-1w,"Ird Witt) :,'ItTy �-RIT'Irjjlnt of norl F`ederal funds Befolo You I'& lw�A and wt�eim any of the Foirinfal funds av,;anJpf:1 to of"I I lym5t w:A. A)hsli iif lhe a-avard Flty �v:.il,eptirifj this a,,uard , you acknovdedge that the tprirr3 of the folic-ivving doculnents incwporatp.ifl inlo Ole ferrns (it' your wv,v 11 Asjreorrirint Ailicdw� ("ittachid tn W&l Okvvarcj CA16�jalior,.1 Docurneni (,.,dtached to H-iis,Award FYJ7)21 Horde land Securit,y � rant Pror.jrarn t,1ofice, c-)f Fundiro',j CipporturOy FBOA Plreparedness GrarlM,.miu,,:,d Rpw:i? rrialo::r „un:9 you le al], understand" And r"Jawtain •i cupy of lhr?' e ycoir I-jfficiatfih? fcii thrr, aviviriJ In older tfr ac cqjtance of the avv:ird and it',, trorns, peasi? friflcom fljww lo(j, ill lo tl.� Nr j I,Iraoh WW"1'6 "'d fi'lli0o (JOV t Sto Afli�r oijgrw ir, , phu wO �1thi� [Iorne rj"."v vvith ,,,I Perldh-ig ryicmo Cdid,,, i:,n thia, F'erichng Ioeri,j SO subriferm, i'.irid then slick the fink fw Revrer//" tasks This link wiq 11",vigme yolI 10 F"ack'arps Clout �'Ile peric'Jill'.) 1'efle1w 'Stel) aAdthe Rc-/ew Ao/-,-.,4f'J packme Icon odiviench) lo d"10 Awvald F,�,'o.Aage and ,1cc:qp1 )? gJii.rllno th" avaard Pleav ad d th� Avv;wl Fackap kir yo.1v ,t (el f i t c�r Awa I, ij bA! arl a g ciri'le n ra n re cip I , (11'.3 ;�a u,'O t Ci k �:.I e5 1) ad cif th ev in fri I n"I a t On up to J at 0 111 SANII I in p 'a rfif: 1.1 la 1,J) r 131 1"Y'l ri i Z� fiO 11, $ 0 WI ri . a dd l e DU n u rt i b e I', E H4 and b;o n k Inq in fo riri a fici ri PIS n :; u re t h at 1: h e (1) l) 1'] ,.,3 n uri'l Lj i;yf w;o J In SA dvl rs the sarner (in e u!'-led to ".ipply tco 0 FENIP, aw;Wds Fulwe pziyrnents vidl br;� on the inlorro,'.ifirin In the 8iANI, 1heoefol g�, it r7" 111,11o'NItive 11'1cd H'16 cwi,w,o rto? fm kor'.ud l,Aan,-,iqement i� locuaIted at h1tp# 16 dou have any 1:11jeskmis ol ha"ec", updatel'.1 YCAH In �:,'Ard, ploase let youl i..,pulnls mana',P:11"rient O'nlle-y ,4s -Mica", Z, ., pos!".',rt°slle I hi� oiill j..is to make tho jjpdatps avid avold any Interrupti")W3 01 pdY1m.1ffJt 1) H SAftjj", Ff SP �ft2, 1 3 Page 22 of 42 aaHam County Sheri .P&J, E23.049 Z 00 I 111�� I M (Will F'R, GPL') DHWfi§b-gfj-djPYetI Rage 2f 42 CWIam County Sher g%.(gda, E23-049 Agmentent Aoklos Wed 'Sep 01 00:00,00 GMT 2U21 GRANTEE - PROGRAM: AGREEMENT NUMBER: Article I Article 11 Article III Article IV Artirls V Article VI Article V11, Article VM Article IX Article X Article X I Adicia X II Article X I II Article XIV US, Department of Homeland Security Washington, D.C. 20472 AG,REEME NT AWTICLES Hornelland, Security Grant Program Washington Military Department He rnela nd Security Grant Program EMW-2021-SS-00083-SO1 Surnrnary Description of Award Funding Hold: SHSP National Priorities Operation Stonegarden Program Hold Operatioln Stonagarden Program Performance Go�O Limited English Proficiency (Civil Rights Act of 1964,,ritial vi) Univarsal Identifier and System of Award Managemoni Americans with Disabilities Act of 1990 SAFECOM Rehabilitation Ad of 1973 National Environmental Policy Act Acknowledgement of Federal Funding from DHS U SQA PAT i ar Act of 2001 Age Discrimination Act of 1975 Civil Rights Act of 1964 - Title VI OH-cAti"14"SJ120231 Page 24 of 42 Clallam County SherE"9. E23-049 Article XV Article XVI Article XVII Article Wil Article XIX Article XX Article XXI ,Article XXII Article XXIII Article XX,IV Article XXV Article XXVI Article XXW Article XXVI I I Article XXIX Article XXX Article XXXI Article XXXI I Article XXXI I I Article XXXlV Article XXXV Article XXXVI Applicability of DHS Standard Terms and Conditions to Tribes Notice of Funding Opportunity Requirements Traffid(ing Victims Protelotion Act of 2000 (TVPA) Acceptance of Post Award Changes Non-SUIpplanting Requirement Drug -Free Workplace Regulations Federal Leadership on Reducing Text Messaging while Driving Environmental Planning and Historic Preservation (,EHP) Review DHS Specific, Acknowledgernents and Assurances Best Practices for Collection and Use of Personally Identifiable Information Civil Rights Act of 1968 Debarment and Suspension Activities Conducted Abroad Energy Policy and Conservation Act Procurement of Recovered Materials 1-iomoland Security Grant Program Performance Goal Terrorist Financing Prior Approval for Modirwation of Approved Budget Hotel and Motel Fire Safety Act of '1990 Duplication of Benefits Fly America Act of 1974 Reporting of Matters Related to Recipient Integrity and Perfo rma rice OHS )-F; _MA-Hp S Rage 25 of 42 Clallarn Caunty Sherifft 2% E23-049 X-lu g U sil g. sibb Miole, XXXVII Articie XXXVIII Artiole X,XXIX Article XL Article XLI Article XLII Article XLI I I Article XLJV Article XLV Article XLVI Article XLVII Article XLVIli Adide I - Summary Description of Award Lobbyirig Prohibitions False Maims Aot and Program Fraud Civil Remedies Federal Debt Status Nondiscrimination in Matters Pertaining to Faith -Based Organizations Disposition of Equipment Acquired Under the Federal Award Education Amendments of 1972 (Equal Opportunity in Education Act) - Title, IX Copyright Reporting 8Ljbawards and [Execotive Compensation Use of DIGS Seal, Logo and Flags Whistieblower Protection Act Assurances, Administrative Reqi.flrernents, Cost Principles, Representations and Certifications Patents and intekecWal Property Rights I-Ihe purpose of the FY 2021 I'ISGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States The HSGP provides funding to implement investments that Wild, sustain, and deliver the 32 Caro capabilities essential to achieving the National Preparedness Coal of asecure and resilient Nation, Among the five basic hornelarid security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. The building, sustairiment, and de fiveiy of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community, This HSGP award consists of State 1-homeland Security Program (SHSP) funding in the arnount of $6,42,8,13B, Urban Area Security Initiative (UASI) fi,)nding in the amount of $6,250,000 (Seattle Area, $6,250,000), and Operation 8tonegarden (OPSG) funding in the amount of $1,606,600, The following counties shall receive OPS(.a subawards, for the following amounts: Adams $75,000'. ClIallarn $100,000, Ferry $112,500; Island $100,000, .Jamestown S'Klallarn Tribe $80:,000; 1 ower Elwha "tribe $75,000; Makah Tribe $75,000; Nooksack $99,000, Okanagan $100,000. Pend Oreille $1.90,000; Q,,iileute "l ribe $60,300, San wJraan $100,000; Spokane $155,000; Stevens $150,000-1 Swinornish Tribe $75,000; Whatoom $100,000 These grant programs fund a range of activities, including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas Article 11 - Funding Hold, SHSP National Priorities PEMA has placed a funding hold on the foilowing investments under the, national priority areas, and $353,303 of Si-ISP funds is on hold In the FEIVIA financial systems. Until the hold is released, the recipient is, prohibited frown drawing down funds or reirnbursi rig subred pients, and the SUbrecipientco are protijbited frorn obligating or expending SI-ISP funds, for the costs or activities identified below The hold only applies to the arnouril, of funds identified for each SI-ISP investment under the national priority areas below To release this hold, additional information is required for the investments identified below which must be submitted in the 0ecernber 2021 Biannual Strategy Irnplernentafion Report (BSIR) tali S-FEMA-I-1$GP-0P$G-FY21 Page 26 of 42 Claltam County Sheriffs Office, E23-049 August 15, 2023 E-61 CyberseGUrity $162,500 Kitsap, County of NP CS Project 42: Region 2 Cybersecurity Conference for, Small Businesses and Non -Profits, $32,500 King, COUnty of NP CS Project #4: Region 6 Team Awareness Kit, $50,000 King, County of NP CS Project #6: Region 6 Regional Cyberseowity Workshop and Training Resources, $80,000 E i nergi ng Threats, $19Q,803 WA State Military Department NP ET Project #).: State Private Sector and Critical Infrastructure Program, $70,803 Clark, County of NP ET Project 96: Region 4 Persorial Protective Equipr-rient, $70,000 Clark, County of NP ET Project 912: Regiori 4 Target Hardening and Vulnerability Assessment, $50,000 If you, have questions about this Funding hold or believe it was placed in error, please contact the DI, iS/FEMA 1-leadquarters Preparedness Officer, Article III - Operation Stonegarden Program Hold 1. 1 he recipient is prohibited from drawing clown 01,'xSGY funding, undor This awi-vd or su'brecipients of this, award Lllltil each uniquo, specific, or 111odified COLMty level, tribal, or equivalont Operatiows Order or Fragmentary Order (FkAGO) has been reviewed by I','EfVtA/GPD and Custonis t-ind Border Prowcuon/Unitod '1341w" Be)rde'r Patro(C1311A)SUP). Tlu,, weipient will rLevive Oic official 110tification ofapproval froliv FENIX(WO, In addition to the Biannual Strategy Implementation Report (13,150R) submission requirements outlined in the Preparedness Grants Manual, recipients must demonstrate how the grant -funded project addressed the core capability gap associated with this project and identified in the Threat and Hazard Identification and Risk Analysis (THI'RA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable The capability gap reduction or capability sustainment must be addressed in the Project, Description of the BSI R for each project, Article V - Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title V1 of the Civil Rights Act of '1964, (42 US C section 2000d et seq.) prohibition against disor*iinatiori on the basis of national o6gin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (I-L-P) to their program$ and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidanc()� https1/wwW, gov/guidance- published -help -department- supported -o rganizations-provicle-rnean ingfu I -access -people - limited and additional resources on httpJ/www lep,gov. Article VI - Universal Identifier and System of Award Management Recipients are, required to: comply with the requirements set forth in the government -wide financial assistance award terra regarding the System for Award Management and Universal Identifier Requirements located at 2 C.FR, Part 215, Appendix A, the full text of which is incorporated t;ere, by reference. Article Vill - Americans with Disabilities Act of 1900 Recipierits must comply with the reclUrernerits of Titles 1, ll:, and III of the Americans with Disabifitias Act, Pub L, No 101.336 (1990) (codified as arriended at 42 U S ' sections 12101-12213), which prohibits ro6pientsfrorn disccrin*iati rig on the basis of disability in the operation of public entifies, pub0c and private transportation systems, places of public accommodation, and certain testing entities. Article Vill - SAFECOM Re6pients receiving, federal financial assistance awards made under programs that provide emergency communication equiptnent and its related activities must comply with the SASE COM Guidance for Emergency Communication Grant,$*, includirig provisions on technical standards that ensure arid enhance interoperabIe communications. Article JX - Rehabilitation Act of 1973 Recipients must comply with the requirements of Secflon 504 of the Rehabilitation Act of 1973, Pub L 93-112 (1973), (codified as amended at 29 U.S C section 794,) which provides that no otherwise qualified handicapped individuals in Df-IS-FEMA-FISGROPS&IFY21 August 15, 2023 Page 27 of 42 Clallarn COLIMY Sheriffs Office, F-23-049 E - 62 the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance Article X - National Environmental Policy Act Reoilpierds mkjst cornplywith the requirements of the National Environmental Policy Act of 1969 (tVEPA), Pub. L 01.100 (1970) (codified as amended at 42 U, S,C. section 4321 et seq.) and the Council on Environmental Quality (CRC) Regulations for implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist In prodwlive harmony and fulfill the social, eoonoirnio, and other rieeds of present and future generations of Americans. Article XI - Acknowledgement of Federal Funding from DHS Recipients must acknowledge ttleir use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other domments describing projects or programs funded 4"1 whole or In part with federal funds, Article XII - USA PATRIOT Act of 2001 Recipients must oornply with requirements of Section 817 of the Uniting and Strvraqthening Arnerica by Providing Appropriate moods Required to Intercept and Obstruct 'rerronsm Act of 2001 (USA PATRIOT Act), Pub, I No, 107'-56, which arnerids 18 U,SC sectioris-176-175c,, Article XIII - Ago Discrimination Act of 1976 Recipients must comply with the requirements of the AVe I)iscrimination Act of 1975, Pub. L No, 94-135 (1975) (codified as amended at Title 42, U S, Code, section 6101 of seq ), which prohibits discrimination on the baMs of age in any prograrn or activity receiving federal finandal assistance Article XIV - CIVII Rights Act of 1964 - Title V1 Recipients must comply with the requirernents of Tiflo VI of the Civit Rights Act of 1964 (codified as amended at 42 0,S,C section 2000d at s9q), which provides that r * person in the United States will, on the grounds of race, color, or national origin, be excluded frorn participation in, be denied the benefits, of, or b(a subjected to discrimination under any program or activity r(,,aceiving federal financial a,"-Istarice, DHS implementing regulations for the Act are found at 6 GF R Part 21 and 44 C-F R Part 7 Article XV - Applicability of DHS Standard Terms and Conditions to Tribes "onditions, are a restatement of general requirements imposed upon recipients 1 he DH8 Standard Terms and C and flow down to 8Librecipients, as a matter of law, regulation, or executive orderif the requirement does not apply to Indian tribes, or there is a federal, law or regulation exempting its application to Indian tribes, theri the acceptarice by 1"i-lbou of, or acquilescenoe to, DHS to Terms and Conditions does not change or alter its Inapplicability to an Indian tribe, "rtie execution, of grant documents is riot ir'itended to change, alter, amend, or impose addiflonal liability or responsibility upon the Tribe where it does not already exist. Article XVI - Notice of: Funding Opportunity Requirements All the instructions, guidance, lirnitations, and other conditions set forth in the Notice of Funding Opportunity (NQFQ) for this program are incorporated here by reference in the award terms and conditions, All reoillpients must comply with any such requirements set forth in the program NOFO. Article XVII - Trafficking Victims Protettloin Act of 2000 (TVPA) Recipients must comply with the requirements of the government wide financial assistance award terra which implements, Section 106(g) of the Trafficking VIctirns Protection Act of 2000 (TVPA), codified as amended at 22 U S,C, section 7104, "rhe award term is located at 2 C,F,R, section 175 15, the full text of which Is incorporated here by reference Article XVIII - Acceptance of Post Award Changes In the event rEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or, terms and n.oriditIons, recipients wall be notified of the changes in writing, Orice notification has been iiaade, any si3Osequent request for funds will indicate recipient acceptance or the changes to the r)l-lSAld&*FFtSP1 W23 Page 28 of 42 Clailarn County Shoria Oft F-23-049 award, Please call the FEMA/MD Call Center at (866) 927-5646 or via e-mail to if You have any questions. Article XIX - Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through rion-federal sources. Article XX - Drug -Free Workplace Regulations Recipients must comply with drug -free workplace reo 0rements in SUbpart, 8 (or Subpart C, if the recipient is an indivIdual) of 2 G F, R,� Part 3001, which adopts the Government -wide implernentation (2 C.F. R, Part 162) of Sec. 5152-5158 of the Drug-Freal Workplace Act of 1968 (41 U,S,C. sections 8101-8106) Article XXI - Federal Leadership on Reducing 'text Msalting while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513 including conducting Initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXII - Environmental Planning and Historic Preservation (rMHP) Review OHS/FEMA funded activities that may reclore an EIAP review are subject to, the FEMA Environmental Planning and Historic Preservation (EHP) review process. .... I"his review does riot address ail Weral, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. OHS/FEMA is required to consider the, potential irripacts to natural and cultural resources of all projects funded by Df1S/ FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act, Natlonal Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations', and, any other applicable laws and Executive Orders. "ro access the FEMA EHP screening rorm and Instructions, go to the 01-181FEMA website at; M1 "I'll" "I'llLIM (MID-val In order to initiate EI.-IP review of your project(s), you must complete all relevant se0flons of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information The MID review process must be completed before funds are released to carry out the proposed project; otherwise, 0HS/PEMA may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies If ground disturbing activities occur, during comitiruction, applicant will am nitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and 0HS/P5-MA. Article XXIIIII - OHS Specific Acknowliedgements and Assurances All recipients, subreoilpients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DF48 access to records, accounts, clocurnents, information, facilities, and staff, 1. Recipients must cooperate with any compliance reviews, or compliance investigations conducted by OHS. 2. recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources, of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS reguiations and other appiloable laws or program guidance, 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS offirWs and maintain appropriate backup documentation to support the reports. 4 Recipients must comply with all other special reporting, data collection, and evaivation requirements, as prescribed by law or detailed In program guidance, 5. Recipients of federal financial assistance from DIAS must complete the DHS Civil Rights Evaluation To within thirty (30) days of receipt of the Notice of Award or, for State Administrative Agencles, thirty (30) days from receipt of'the DKS Civil Rights Evaluation Tool from DHS or its awarding component agency, After the initial submission for the first award under which this term applies, reoipier its are required to provide this information once every two (2) years if they have an active award, not every time an award is made Recipients should submit the completed tool, including supporting materials, to CivilRigt,itsEvaluiation( ,hq.dhs,gov, This tool clarifies the civil rights obligations and related reporting requirements DHWlU"WtGJSF=231 F)age 29 of 42 Ciallam County SherEs-C", 112M49 contained in the Di,,JS Standard Terms and Conditions. $ubrecipients are not required to complete and submit this tool to DHS The evaluation tool oa ri be to un d at https; //www dhs,gov/publication/dhr.-dvi I- rights -evaluat lon Aoo 1, 'The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granti rig ari extension it the recipient identifies steps and a timeline for completing the tool Recipients should request extensions by emailing the request to Qv0RightsEvaIuation@hq diris gov prior to explration of the 3D-day deadline, Article XXIV - Best Practices for Collection and Use of Personally Identifiable Information F'Recipients who collect personally identifiable information (PlI) are required to, have a publicly available privacy policy that describes standards on the usage and maintenance or the Pil they collect. DHS defines P11 as any information that permits the Identity of an individual to be directly or indirectly inferred, Including any inf6i"mationthat is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance at http:11www Ohs.gov/�library/assets/ privrA(.-y/privacy_pia.-guidance_jur'le20l1 0 Pdf and Privacy Template at https:#www.dhs.gov/sates/defaultlfileslpubli cations/ privacy -pia, Jemplate 201 7,pdf as useful resources respectively. Article XXV . Civil Rights Act of 1968 Recipients must comply with I"itle, VI I I of the Civil Rights Act of 1966, Pub L. 90-2$4, as amended through Pub. L. 113-4, which prohibits recipients from discriminating In the Sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U S,section 3601 (0 set/ ), as implemented by the U S Department of Housing and Urban Deve lo prne nt at 24 C, F R, Part 100, The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i,e,, the public and comr-non use areas and Individual apartrrient units (all urflts in buildings with elevators and ground -floor units In buildings, without elevators) -be designed and constructed with certain accessible features. (See 24 CR R. Part 100, Subpart D.) Article XXVI - Debarment and Suspension Recipients are subject to the non- procurement debarment and suspension regulations implementing Executive Orders (E,C 12549 and 12689, which are at 2 CF R, Part 180 as adopted by OHS at 2 C.F R Part 3000 These regulations restrict federal financial assistance awards, stibawards:, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or Ineligible for participation tin federal assistance programs of, activities, Article XXVII - Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities, and that appropriate licenses, permits, or, approvais are obtained, Article XXVIII - Energy Policy and Conservation Ad Recipients must comply with the requirements of the Energy Policy and Conservation Act', Pub, L. 94- 103 (1975) (codified as arriended at 42 u S Q sechon 6201 of soxj,), wtiich contain paIicAe5 relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act, Article XXIX - Procurement of Recovered rVIaterials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub L. 89-272 (1965), (codified as arnended by the Resiource Conservation ind Recovery Act, 42 U S.C. section 6962,) The requirements of Section 6002 include procuring only iterns designated in guideliries of the Environmental Protection Agency (EPA) at 40 C FIR, Part 247 that contain the highest percentage of recovered materials practicable, consistent with Maintaining a satisfactory level of competition Article XXX - Homeland Security Grant Program Performance Goal In addition to the Bianrival Strategy Implementation Report (BSIR) submission requirements outlined In the Preparedness Grants Manual, recipients must demonstrate how the grant -funded project addressed the core capability gap associated with this, project and Identified in the "l-hreat and Hazard Identification and Risk Analysis (THIRA) or Stakeholder Preparedness Review (SPR) or sustains existing capabilities as applicable, Ttie capability gap reduction must be addressed in the Project Description of the BSR for each project Article XXXI - Terrorist Financing 0 11 S Aftiliff Pt SPI S200- Page 30 of 42 Clallam County 6herip 0", E23,049 Recipients must comply with E 0 13224 and U S. laws that prohibit transactions with, andflie provisions of resources and support to, individuals and organizations associated with terrorism Recipients are legally responsible to ensure compWrice with the Order and laws Article XXXII - Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior, written approval from FEMA where required by 2 C F.R. section 200.308. FEMA is also utilizing its discretion to, impose an additional restriction under 2 C,F,R, section 200,308(t) regarding the transfer of funds al"nong, direct cost, categories, programs, functions, or activities, I'herefore, for awards with an approved budget where the federal share is greater than the sirriplMed acquisition ff"ireshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative arriount of such transfers, exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. You must report any deviations from your Ff.,-,.MA approved budget in the first Federal Rriancial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval Article XXXIII - Hotel and Motel Fire Safety Act of 1090 In accordance with Section 6 of the llotol and Motel Fire Safety Act of 1990, 15 US 0 section 222:5a, recipients rTiLwA ensure that all conference, rneeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidehies of the Fedora/ Fire Prevention and Control Act of 1974, (codified as amended at 1,9 U,S.C, section 2225 ) Article XXXIIV - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C F- R. Part 200, Subpart E (nay not be charged to other federal financial assistance awards to overcome fund deficiencies- to avoid restrictions Imposed by federal statutes, regulations, or federal financial as.Mstairice, award ttirrnsi and conditions; or for other reasons. However, these prohibitions would not preolude recipierits from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXXV - Fly America Act of 1974 Recipients MUSt COUIPly with Preference for U S riag Air Carriers (air carriers, holding certificates under 49 U S C section 41102) for international air transportation of people and property to the extent that such service is available, in a000rdan(;e with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.0 section 40118, and the interpretative guidelines issued by the Comptroller General of the Ur0ted States in the March 31, 1981, amendment to Comptroller General Decision B-1 3894.). Article XXXVI - Reporting of My afters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C F R, Part 200, Appendix XH, the full text of which IS Incorporated here by reference in the award terms and conditions, Article XXXVII . Lobbying Prohibitions Recipients must comply with 31 U,S,.C. section 1,352, which provides that none of the funds provided Linder a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt,to influence all officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with arty federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification, Article XXXVIIII - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirernentq of the False Claims,41, 31 LJ.S,,C, sections 3729- 3733, which prohibit the submission of false or fraudulent riainis for payment to the federal government, (Sve 31 LJ,S,C, sections 3801-3812, which details the acirninWrafive remedies for false claims and statements rnacle,) Article XXXIIX - Federal Debt Status DHSAU&,W4-8P 049 W:J�l Page 31 of 42 Clallani County Sherk"P69, E23 - All recipients am required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpay rnents (See OMB Circular A--129,) Article XL - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DIAS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DIAS or its component agencies, enabling those organizations to participate, in providing important social services to beneficiaries Recipient's Must Comply With the equal treatment policies and requirements contained in 6 C'F R. Part 19 and other applicable statues, regulations, arid guidance governing the partiolpa16ons of faith -based organizations in individual DHS programs. Article XL1 - Disposition of Equipment Acquired Under the Federal Avvard When original or replacement equipment acquired ur)der this award by the recipient or its subrecipients is no longer needed for the, original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 CY R. section 200.313. Article XLll - Education Amendments of 19:72 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of I itle IX of the E."ducation AmondM45nts of 1972, Pub, L 92-318 (1972) (codified as amended at 20 U. S,C, section 1681 et seq), wrik' 10h provide that no person in the United States will, on the basis of sex; be excluded from partioiPallon in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance, OHS implementing regulations are codified at C P.R. Part 17 and 44 C f2", R. Part 19,, Article X1.111 - Copyright Recipients must affix the applicable copyright notices of 17 to S C. sections 401 or 402 and an acknowledgernent of U.S Government sponsorsNp (including the award nurr4,)er) to any work first produced under federal financial assistance awards, Article XLIV - Reporting Subawards and Executive Compensation Recipients, are required to comply with the requirernerits set forth in the, government -wide award term on Repoffirig SUbawardS and Executive Compensation located at 2 C,F,R, Part 170, Appendix A, the full text of which is incorporated here by reference in the award terrns and conditions Article XLV - Use of OHS Seal, Logo and Flags Recipients must obtain permission from their DIAS FAO prior to using the DIAS seal(s), logos, crests or reproductions of flags or likenesses of DIAS agency officials, including use of the United States Coast 0, card seal, logo, crests or reproductions of flags or likenesses of Coast Guard ofrmials Article XLVI - WhIstleblower Protection Act 1ecipients must comply with the statutory r",ulrements for wNstleblower protections (if applicable) at 10 U,S.0 section 2409, 41 U S C section 4712, arid'10 0 133.0 section 2324, 41 U,,S,C sections 4304 and 4310. Article XLVIII - Assurances, Admin istrative Requirements, Cost Principles, Representations and Certifications QHS financial assistance recipients must complete either the Office of Managernent and Budget (OMB) Standard Form 424B Assurances Non -Construction Programs, or OMB Standard Form 424D Assuranoos - Construction Programs:, as, applicable Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office CHINS FAO) may req,,ilre applicants to certify additional assurances. Applicants are required to fill out the, assurances applicable to their program as instructed by the awarding agenoy. Please contact the GBH S FAO if you have any questions. DIAS financOl assistance recipients are required to follow the applicable provisions of the Uniform Aciftnistrative Requirements, Cost PiNnoipfos, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C P.R.) Part 200, and adopted by DHS at 2 C. F R. Part 3002 By accepting this agreeillent, the recipient and its executives, as defined in 2 C.F.R. section 170-315, certify that the recipient's policies are in accordance witt"i OMB's guidance located at 2 C F.R. Part 200, all applicable federal laws, and reievartt Lxecutive guidance DH$-FEMA+lSGP-0PSG-FY21 Page 32 of 42 Clallam County Sheriff Offi ",04 E-9 August l5,2023 9_6 Article XLVIII - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dofe Act, 35 U,S,Q sectiori 200 et seq, unless otherwise provided by law, Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents, resulting from federal' financial assistance awards located at 37 C.F.R, Part 401 and the standard patent rights clause located at 37 C F R, section 401,,14, Personnel Fringe Lienefits Travel Equipment Supplies Contractual Construct0r� indirect Charges Other $565,994.00 $210,405-00 $17,768 00 $0.00 $24,08000 $13,363,696 00 $0,00 $112,995. 00 $0,00 Dt'JS-FEMA-FlSGP-0PSG-FY21 Page 33 of 42 Clallarn County Sheriffs Office, E23-049 August I5,2023 E-68 Obligating Docinvient for Awat-WAniendntent I an. .AG IMEMEN17NO. 2 AMENDMEM.'NO. ErVIW-202 I-SS-00083-SO I *:'k* 6 RE('1PIENT NAME AND AF)DRIISS Washington M.ilitary Depart-inent Building 20 C ,anip Mtirray, WA, 98430 5122 3 4. TYPE OF ACTION RECTPJ'1--.'NT AWARD NO 916001095G 7 ISSUING FEMA OFFICE AND ADT)RES$ 1,13NTA-GPE) 400 C Street, SW, 3rd floor Washington, DC 20472.3645 1?0(',': 866-927-5646 5 CONTROL NO WX0467ON20217', WN04671N2021"r, WX04674N202 IT 8. PAYNIEN'T OFFICE AND ADDHSS F FiMA finance. C'enter 430 Market Street Winchester, V.A 22603 9, NAME OF RECIPIENT PHONIiNo IO.NAMP'OFP'EMAI)IZ<),JE("r('.00RI)INA'1'01� PROJECTOFFIC',E'R 2535127472 Central Scliedulirig and Information Desk (,';ni I CraM Phone800-308-6498 Ezlaif: Ask(.,.Sid@c1hs gov I I I VE DNI'E OF 12. 13. ASSISTANCE, ARRAN01,7MENT 14, I'MUORMANCE MRIOD '11,11'3 ACTION NMTIIOL) Cost Reftribursement From: , I , 0: 0910 1/2021 OF 09/01/2021 08/31/2024 PAYMENT Budget Period 1`'A,RS 09/01/2021 08/31/2024 15, DES( 'RIll KYN OF ACTION a. Ondicate ftmdj,t* data for awards or financial changeq) 11W . )GYRAN/f CTDA NO. A(",(",0UN'1IN0 DA,rA PRIOR AM()IJNT CURRENT CUMULATIVf"' NOW NI' Wi (A("X'-S CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM Xxxx AWARD THIS AWAI4D xxxxx--xxxx-xxxx-x ACTION I. o1z' (-) Holnehirld '>7,067 2021,FAA3001T410- -410t-E) $000 16,428,13800 UA28.138,00 Ste Tbtals Sewrity Grant 111roAn"11 Homeland 41.00 2021,FA,G1101T410-41 01,D 20.00 56,1250,000,00 8e'r "IOtals: Scau Ky Ch ant Romeland ()7,067 2021 -tA-(.JG02-P410- -4101 -1.) $000 S1,606,800 (10 $11061800100 see'rotals Security Grant t1nq4njni SO.00 $14,284,938.00 $t4,284,938,00 SOM K 1'0 describe Changes other than fwiding data or financial changes, attrach qchedule and check here N'/A 16 a. V(..)R NON-DISASTE R. PRQ(]'RAMS� R1.;,K.`1PIENT IS REQIJITUMTO SIGIN AND 1U!.TTJRNnFRE1E (3) C011117,iS OF 'I HIS DOCIUMEN11 . I "rt.) F'f;MA (See 13kiek7 foraddre5s) Homeland Security Urant Program recilnents, are not required to sign and reasn) copies of this docurnent. However, recipients Should print and keep an copy (If t1lis d=vnietrt for their records. 161). FOR. DISAS'ITiR PR(?GR,AMS: REC1 11)MN'f IS NOTRIll�Q1"URIMTO SIGN This assistance is subject to ternis, and conditions, attachmf to this award notice or by incorporated reference in program legislation cited nbovc 17, �R]�i(',I.P'tL,NI'SI(INA'I'OR.YOFFI(,',IAA (Nailicanci'I'itte) , D AT L' Gad Cram, Wed Sep 22 16:48:36 (III I' 2021 1 R. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Thu Sep 02 14; 12; 56 GKI" 2021 DHUVU8*:',ftP=231 Page 34 of 42 Claflam County $horEs.C8qb, E23-049 SHENAUZ SUBWNA WONG, Assistance Officer Fl $A W&WISP; -W2.V Page 35 of 42 aallarn County Sherg%Oftp, E23-049 FFT21 Aomeland Security Grant Program (HSGP) ... ........ Operatipri Stonegairden (OPSG) OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. SLTT law enforcement agencies utilize their own law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OP,SG. Per the FY21 preparedness Grants Manual, responsibilities of the Subrecipient include: Conduct operations on an as -needed basis throughout the length of the grant performance period; Integrate law enforcement partners from contiguous counties and towns into their tactical operations to expand the layer of security beyond existing areas; Ensure all required reports, including reports from friendly forces, are submitted to Border Patrol and the State Administrative Agency (SAS), when applicable, in the proper format and within established timefraimes; Ensure applicable OPSG derived data and applicable Intelligence is, shared with the designated fusion center in the state or high -risk urban areas; Request instruction and information from the SAA, when applicable, and/or Border Patrol and other Federal law enforcement agencies regarding techniques, methods, and trends used by transnational criminal organizations in the area-, Provide the SAA and Border Patrol a single point of contact that maintains subject -matter expertise in OPSG who can coordinate, collect, and report operational activities within the established reporting procedures; and I Assist as required with the coordination, management. and operational aspects of the grant.. DHS-FEMA,,,HSGP-OPSG-r-Y21 August 15,2023 Page 36 of 42 Cloflam County Sheriff's Offire, E23-049 E - 71 "the Budget consists of the 21 OPSG Operation Order Approval Letter and the Personnel Cap Waiver Approval Letter addressed to Adjutant General Daugherty on behalf of the Subrecipient. Expenditures in excess of the approved Personnel Cap Waiver amount will not be reimbursed until a FRAGO and a revised waiver letter is received by FEMA. A current approved, Indirect Cost Rate Agreement must be provided to the SAA prior to requesting reimbursement of indirect costs. If the approved Indirect Cost Rate Agreement is updated, the updated Agreement must be submitted to the SAA before costs will be reimbursed. OPSG funds shall not be used to supplant inherent routine: patrols and law enforcernent operations or activities not directly related to providing enhanced coordination between local, state, tribal, and Federal law enforcement agencies, 6 budget modifications require an approved IFRAGO before any funds can be obligated. In addition to the approved FRAGO,, cumulative transfers between budget categories more than 10% of the Grant Agreement amount will not be reimbursed without prior written authorization from the Department which includes, a budget amendment. 1)`ASAW4VW+9P1,W2Y Page 37 of 42 Clallarn County Sheries-012. r-23-049 I 1.S. belimqmcal of I lonichind Xvcurfis wumhingtmW, 1.0,412 „�uw FE,MA June 1), 2022 NIt. 131'01 DaLlgheYIV A(tjkltant 0encral Washington -Military Dopatillient Militia Drive Building I Cany Nxltvrray, Washington 98430- 5122 Dear Adjutant Gencral Diakjglicrty: Pleaso be advised that, based on tile Depannient ol'lloniclaiid SecurityFederal Emurpiwy Miuvigontent 'Ageivcy*s (FENIA) Operatioji Sloncgarcicil (Irimt Progratit (OPSG) guidelincs. poli6cs. 4111d special oondiliosim issociatod witli this program, Ow bolow reef roiwcd Opet-ation,", Or&r is oondiloncilly cipproved with addiriottal requireimmrs (F-cc spcoific m(loiranents In Operogimis Order Nqp; 22-1-AM BI,,W- If)-009 VO FiscW Yeav 2021 Amomit Approved: S100.000 Openitioits0i,(IerDiites:9/1,!2021 8,31,2024 ReciplciW Clalhavi Cottrity, WA Pcodiijg appi-oval to utili/.v S1560,40 For iii(Iii'vet k«osl« Clallam Comily is pi,occed with all other aspects of this, Operation 0rder, Ilic folfo%villg actiom Illu"t bo wkt,ll: clallam Comity Sherill's; 01'fice tind, WasIling �Ion State Department ol'Fish & Wildlitle nuist provide as copy ofan approviod and v;did indireo cost rate agecillent with the cognizant Federal ageticy Nvith all of Period that has tiot 1xpirod to chlo'ge indirect costs anda k.,opy oftbo approved renewal rate must be suOrnitiod, A mtoNscquout a)pprqooviol leMer will be issued ros- M6 operations Order once the conditifolls stated above hove been witisfactoHly met. 1?NPOI(IiIIII-0 t'VOIII 1110 OlMlitions ()rdev were review cd and approv%M by FVISIA and I, �.S. Customs, iind Border l'mtocTioo,:'Hor(Icr Patrol (CB11). '111e4o oxpenses will assist the County ill 0oildliclilig bord%,r cielltri,w, iniciligell co drive11 oporatiolls with the goal ofriMuction or elinaination ofthroat. risk and vulnor'llAity along our N.111olls, hordors, At thk time, dais specific budget is 1111111orized. Amounts 1111clor tliiaa approval are as; follows: IVOROFFICIAL 41,14F ONLY - LAW DHr j&&"031-5V2023 Page, 38 of 42 Glallarn County Shehe.01?3, L-23-049 Pleme firld the below special conditions assuciated wilh 01180 and retain this 10ter foi r your groot Files. If You 114lve 41U1Y questions, please: feel fivoc to Contact Me at (202) 802-2755, Sincerely, Livid"'Ov Tomes Preparedness Officcr U.S. Department of HonloWid Scettrity Federal Flnergency Management Agotwy Gratit progratils DircQtorixtc Cc: UX Custoniq and 13order Protectimi/ Horder Patrol '['he following Special Conditions are associated with this Operation Stonegarden awar& 1. Con.4rution And construction -type activities itrQ prohibited. 2. Lethal or less than lethal Forces including, but oot limitod to- weapons, firoarms, amintinition and lasers are prohibited. 3. lover the Personnel Reind,)ursementfin' fiveltigence (,'ooperg von an(J Enhoncement (PRA 7-') of Ploonelond SecuritY Act (Public Law 110-412), the surn of all personnel relmed expenses shall not exceed 50,6 ofthe recipient's allo"llioll Without tIN't obtaining as Nvaiver firom the Ff�'N(A Administrator. 4, X.11 participating agencies %hall monitor, review and track expenditures of 011S(1 rands under individual Operations Ordem, issued, Participating agencies shall not obligate, and,lor enctimber OPS(.'; grant fittids heyond the total oftheirallocalioll iwiuod by FEMA. 5, 17he Operations Order liras been reviewed and approved mider tlic l aivircarannaa tntatl ond llistori(: Preservation Program (UIP) guidelines is being categorically excluded from further HI. Vreviow. 6. Recipients must sulmliit it letter o(jumification R)r 111 propowd Nwhiclos or equipment items ill 0XCC%N Of$100,000, INS jUSlifitcation will be reviewed by CBP and FEMA. FOR OFIFICIAL VSE ONLY- LAW P.NE'Ot�(,'IIAIE;N'rSENSI'FIVL DHS-FEMA-HSGP-0PSG-FY21 Page 39 of 42 Claflarn County Sheriffs Office, E23-049 August 15, 2023 E-74 U.S. Deprtmeal of Howland Secuirity est 200471 FEMA ROMMUM Met Daugberty Adjutant General Dear Adjutant General Daughetty. The Federal Emergency MauagementAgency, Grant has mriewed the request r,ubtnitted by the Wa�biagtou Milifiny Depaitment to wai,ve the 50 percent Petsonnel Cap imposed by Section 2009 of the Honzeland SecuritywIct of 2002, Public Law 107-296, as muended (6 U.&C. 09) under the authority FEMA Information Bulletin No. 42 1b. The following cotuttiesAubrecipAents have mquested to expend up to 85% of their total FY 2021 Operation Stonegarden (OPSO) allocations, ikward# ENIVV-2021-SS-00083, on operational overtime and related penotmel coma: This re is consistent with the terntsvid conditions. of the grant award and is necesolaq for the continued success of border security operations.'Thi% request is approved ptirsa=t to the waiver authority provided by 6 U.S. C § 609 (b)(2)(B)� As a reuiinder, if any embfecipient's approved or initial remised budget exceed 85% in pexso=el costs, they are required to wbtnit a waiver reqtwFa as outlined in section M.C.3 of ice' tin Bulletin No, 42 1b. DH $A&. MA-Fj;,f;j-8PW:JjI Page 40 of 42 Clallam County,9her fis Oft E23-049 gus I Please contact yom Preparedneto. Officer, Lin&ey'roine, at Liu&,mToinesl AM, K if you have any questicta, 2= Stacey R Street Dsretwr Office of &ano, Administration eT %,C: Vincent Maykovich, Acting Regional Ada��stxator, FFMA Region X Keffy I..,. Thoinas, Mector, Pa ion P'atrick Marcham, Graws Divisiou Difector, FEMA Region X Viiginia Wwre4 Deputy Directof, Preparedness Gtauw Divillion Mexander RNfiazikJBranch Chief, Preparedness Gr=ta Dilisioft KjAuberley Marshall, Section Chief, Pfop,.wedneigs Grains Division Lindwy'Tomes, Pteparedness Officeiri, Preparedness Gr=t�, Division DH-Q)A6§bWfjtjPNffS1 Page 41 of 42 ClaWn County She IP-Ofe,, E23-049 w �21OPSG Timeline Date Task September 1, 2021 grant Agreement Start Date June 9, 2022 Operations order approved by FEMA April 1, 2023 Estlmated date work will begin NLT July 31, 2023 Submit Reimbursement Request NLT October 31, 2023 Submit Reimbursement Request NILT January 31, 2024 Submit Reimbursement Request In collaboration with U.S, Border Patrol, assess status of award. Determine if' NLT February 24, 2024 additional time isneeded to complete operations and/or if there is a need to submit a FRAG Order changing the approved Operations Order, March 31, 2024 Grant Agreement End Date. All work ceases. NLT May l.5, 2024 Submit Final Reimbursement Request and Closeout Report, Report's are due before final invoice will be reimbursed, DH A&AfRPf "23 Page 42 of 42 Clailarn County ShefiffE Off" 23-049 SIGNATURE AUTHORIZATION FORM WASHINGTON STATE MILITARY DEPARTMENT Camp Murray, Washington 98430-5122 readinstructions on reverse side before led rm. E n this fo DATE SUBMI'TTED Clallarn County Sheriff's Office PROJECT DESCRIPTION FFY 2021 MBER Homeland Security Grant Program (Operation CONTRACT NU Stonegarden OPSG) E23-049 wvffm&� __j Nzam�� V =1111VA ..." - Mark Ozias I Chair of the Board Boardofaallam ("Dai-vtj cri-ar MAC-IWOL August15,2023 E-78 Washington Military Department Contract Number 23-e49 Debarment, Suspension, Ineligibility or Voluntary Exclusion Ce!jjficatiog�t�irp NAME Doing business as (DBA) lallam County Sheriff's office Same ADDRESS A iicablo Procurement rocurernent WA Ur'iliorrri Business Federal Employer Tax 223 E 4th Street, suite 12 or solicitation at§µ If any, ittentplier (Uel) Identification #; Port Angeles, WA 98362 04-004-5 g 91-600129 This certification is submitted as part,of a request to contract, Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders W ery to elfin and abide by the terms of this certification, without modification, in order to participate In certain transactions directly or indirectly involving federal funds, 1. By signing and submitting this proposal, the prospective Inner tier participant is providing the certification set out. below. 2, The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. , The prospective louver tier participant shall provide immediate written notice to the department, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4, The terms covered', transaction, debarred, suspended, Ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded', as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive order 12549, You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. a The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered' transaction with a person who is proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible.„ or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated'. , The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled' ".Certification Regarding Debarment, Suspension, lnelig'ibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it known that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs, . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. g'. Except for transactions authorized under paragraph b of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated, may pursue available remedies, including suspension and/or debarment. Certification Regarding' Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions The prospective lower tler participant certifies, by submission of this proposal or contract, that neither It nor its principals Is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation In this transaction by any Federal department or agency. ilyhere the prospective lower tier participant is unable to certify to any of the statements In this certification, such prospective participant shall attache an explanation to this. Pores. Bidder or Contractor Signature: ..`, mate: Print dome and Title: Mark Ozi s, Chair of the Board of Commission August 15, 2023 E - 79 Washington Military DepartrTiont (,ontract Number: lebarment, Suspension, Ineligibility or Voluntary Exclusion Cortification Form NAME . .. . . . . ............................ . . . .. ..... . . .. . ...... . ....... .. . i'ng Wsi-ness, as (D'B'A') ADDRESS ApplicableProcurement WA ent Unif ness Fedora H;i'e)yer Tax � or solicitation � Idontifier(UM) Identification M Issubmitted as part of a request to contract. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Excl us ion ..Lower Tier Covered Transactions UL LY BEFORE, SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and by the Wrrns of this certification, without modification, in order to, participate in certain transactions directly or irrvolving federal funds. IV7`3y signing and subm4firig this proposal, the prospective lower tier participant is providing the certification set out below, 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered irito. If it is later deterriiined that 'the prospective lower tier participant knowingly rendered an erroneous certification,, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available rernedies, including suspension and/or debarment. 3. 1 fie prospective lower tier participant shall provide immediate written notice to the departrnent, institution or office to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the rneaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, You may contact the person to which this proposal is st)bn,jitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall riot knowingiy enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable CFR,, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause Wed "Certification Regarding Debarment, Sw5pension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, 7. A participant in a covered transaction rnay rely upon a certification of a prospective participant in a lower tier covered transaction that it is riot proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is riot required to, check the L ist of Parties Excluded from Federal Procurement and Nun -procurement Programs, 8� Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participationin this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements, in this certification, such prospective participant shall attach an explanation to this form, Bidder or Contractor Signature: Date, Print Narne and Title: August 15,2023 E-80 Washington Military Department Contract Number: A UU:414 VIP "11,111111 wjlll�. 11710,111111111110101 11111111 ho."Ma -A I � V What Is "Debarm9pit, Sus, onsion, Ineligibility. and VQ_hjntary Exclusion"? These terms referto the status of a person or company that cannot contract with or receive grants from a federal agency. In order to be debarred, susp(,,,)nded,, ineligible, OrVOILIntarily excluded, You must have: * had a contract or grant with a federal agency, and * gone 'through some process where the federal agency notified or attempted to notify youi that You Could not contract with the federal agency. * Generally, this process occurs where yml, the contractor, are not qualified or are not adequately performing under a contract, or have violated a regulation or law pertaining to the contract. Why You are requesting a contract or grant with the Washington Military Department, Federal law (Executive Order 12549) requires Washington Military Department ensure that persons or companies that contract with Washington Military Department are not prohibited from having federal contracts. What is Executive Order 12549? Executive Order 12549, refers to Federal Executive Order Number 12549. The executive order was signed by the President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal funds were riot contracting or awarding grants to persons, organ izatioris, or companies who have been excluded from participating in federal coritracts or grants. Federal agencies have codified this requirement in their individual agency Code of Federal Regulations (CFRs), What 1§jthe purpose of this certification? The purpose of the certification is for you to tell Washington Military Department in writing that you have not been prohibited by federal agencies from entering into a federal contract. What does the word roposal" mean when referred to in this certification? Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication rrorn you to Washington Military Department. What or who is a "lower tier P adisimM Lower tier participants rneans a person or organization that submits a proposal, enters into contracts with, or receives 8 grant from Washington Military Department, OR any subcontractor of a contract with Washington Military Department, If you hire subcontractors, you should require thorri, to sign a certification and keep it with your Subcontract.. What is a covered transaction when referred to in this certification? Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract with or receive rrioney from Washington Military Departnient. Covered Transaction does not include mandatory entitlements and individual benefits. 11: 111, ��rni vnim•r�ii III III � ly 111111111 1111111PIPpIlIq• Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any Federal department or agency. If requested by Washington Military Department, the Contractor shall complete a Certification Regarding Debarment, Suspension, lnefigibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. August 15, 2023 E-81 2 CFR Part 200 Subpart F Audit Certification Foam A(Aclits of States, Local Governments, Indian Tribes, and Non -Profit Organizations ... . ......... . ............ ... ... ... . .... Contact Information . . ... .. . . . . ............ . ...... . ...... ........... . . ......... . . . ............... . ... . .......... .............. Subrecipient Narne (Agency, Locar Government, or Organization). .. . . .. ...... . ............................. . ....... ALIthorized Chief Financial Officer (cer*ai aG(.',0Unting office): ..... ... . . . . .... . . ...... .................. . .... ... . . .... . .. . . . . . .............................................. ............ Address: .... . . . ................... . ........ . . . . . . ......... . . ........ . . . . ............. . ............ .. ... .. . . . .......... . . . . . ....... Email: Phone M .. . .. . . . ..... . .... .......................... .. .... . ........ ........... .. .................. ... . . .... . . . . .......... . . .. .. . . . ...... .............. . . . . .. . .... ... ... .... . .. ......... . .... .................. ..................... .. ... ............... ........................... ................... ............................................. . ... ... .............. . .............. Purpose., As as pas,s­through entity of federal grant funds, the Washington Military Department/Emergency Managetrient Division (Departi-flent) is required by 2 CFR Part 200 Subpart F to monitor activities of subrocipients to ensure federal awards are used for authorized purposes and verify that SUbrecipients expending $760,000 or more in federal awards during their fiscal year have met the 2 CFR Part 200 Subpart F Audit Requirements. Your entity is a subrecipient Subject to such monitoring by MIL/EMIR because it is a non-federal entity that expends federal grant funds received from the Departrylent as a pass -through entity to carry out a federal program, 2 CFR Part 200 Subpart F should be consulted when cornpIeting this form, Directions As required by 2 CFR Part 200 Subpart F, non-federal entities that expend $750,000 in federal awards in, a fiscal year shall have a single or program -specific audit conducted for ghat year. If your entity 1E not subject to fl,iose requirements, you must complete Section A of this Forril. If your entity is subject to these requirements, YOU must Gon,iplete Section B of this form. Wheri completed, you rriust sign, dau,,, and return this form With_YOLjr grant agreornent and every fiscal year thereafter until the grant agreement is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement processing, witfiliolding of federal awards or disallowance of costs, and Suspension or termination of federal awards. Our entity is not Subject to tho roqkjirements of 2 CC R Part 200 Subpart F because (check all that apply): 0 We did not expend $750,000 or more of total federal awards during the, fiscal yo-,ar, El We a!are a for. -profit agency, EJ We are oxorript for other reasons (describe): 1-lowever, by signing below, I agree that we are, still subject to the audit requirements, laws and regulations governing the prograrn(s) in which we participate, that we are rocitilrod to maintain records of federal funding and to provide access to Such records by federal and state agencies and their designees, and that WMD/EMD may request and be, provided access to additional information and/or doi,,unic,ffitation to ensure proper stewardship of federal funds, the aolorwriate box We coinipleted Our last 2 CFR Paart 200 Subpart F Audit on [enter date] ..... . ... .. for i'"°riscali Year ending [enter date] I There were no findings related to federal awards from WMD/EMD. No follow-up WD/ required by MEMD gas the pass*'�(;�46 entity. A complete copy of the audit report, which includes exceptions,, corrective action plan and management response, is either provided electronically to qpra acts,off ire0m1I,w , ov or provide the state auditor report number: .. .............................................. El We completed our last 2 CFR Part 200 Subpart F Audit on [enter date]. for Fiscal Year ending [enter date] 'There were findings related to federal awards, A complete copy of the audit report, which includes exceptions, corrective action plan and management response, is either provided electronically to q qo v or provide the state auditor report number: El Our completed 2 CFR Part 200 Subpart F Audit will be available on [enter date] for Fiscal Yeav (,,,,ntdi0. locb-onic copy of the audit report to P -11L ILq (P 11 or [enter date]. We will provide e -.2L qqtj; QL PC g�iil.vv2til,E�,�', i o -r� % ,provide the state aUd t r rep9q nurjjb( . . ........................ ... .. ............................. . ......................................... . ......................... . .. I hereby certify that I am an individual authorized by the above identified entity to cornp�,)101! 'h"�rrn, Fu(r(7hafr, i i/.ertify that the Es above information is true and correct and all relevant material findings contained ire audi d- Tptnont h,Avo been disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is ubraciplent of federal award funds from the Department until the grant agreement is closed. Signature of Authorized Chief Financial Officer: Date: Print Name & Title: WMD Form 1009-13, 8/1012.013, Updated 902015 August '115,2023 E-82 LETTER OF UNDERSTANDING BETWEEN THE PORT ANGELES POLICE DEPARTMENT AND CLALLAM COUNTY SHERIFF'S OFFICE FFY 21 STONEGAROEN GRANT PROGRAM Clallam County Sheriff's office has received an award from the U,S, Department of Homeland Security (DHS)�, Federal Emergency Mainagernent Agency (F1'MA) through a contract with Washington State Military Department (ME23-049), The funds are to enhance the capability of state and local units of governrru'!nt to prevent, deter, respond to, and recover from catastrophic and/or terrorist events through the FFY21 Operation Stonegarden Programs. The funding is being provided to enhance law enforcement preparedness and operational readiness along borders of the United States, As Clallarn County Sheriff's Office (CCSO) is the award SLrb-recipient, it is their responsibility to report activity reqluired day the award on such reporting forilis as required for reirribur.,wiTICilt,This Letter of Understanding (LOU) is w6tten to describe- the funding award that shall be passed on to your agency upon receipt of approved reirriburserrient requests and completed reporting forms. The parties understand the funding ar-nounts allocated in this I OU may only be altered upon approval from, the State and the Border Patrol, which would then need to be approved by FEMA, Port Angeles Police Department (PAPD) will receive a maximuirri award of $25,922.84 for the following categary. Overtime: PAPD shall receive a rilaximum award amount of $25,922.84 for overtime approved Linder the FFY21 Storlegarderi Grant Program. PAPD will be reimbursed for direct costs only of overtirne and fringe benefits based on PAPD established overtime guldehnes, and policies, riot to exceed $25,922.84, No reimbursements will be made for expenditures other than approved overtiryle. PAPD shall abide by all terms and conditions passed on to Claflam County Sheriff's Office as per Washington State Military Department Contract (IIE23-049) attached hereto. PAPD agrees to complete the attached Audit Certification Form and Debarr'nent Certification Form and return them both to C,Iallam County Sheriff's Office. PAPD agrees to complete all reporting required by Washington State Military Dopartmentand Clallam County Sheriff's Office, All daily Activity Reports (DAR) for overtime must be entered into the Border Patrol HSI N website and approved be -fore seeking reimbursement. A list of all overtime shifts approved in HSI N and the timesheets for those shifts must accompany all overtime invoices sent for reimbursement, The Oillam County Sheriff's office reserves the right to amend the grant or transfer funding under this LOU to other partner agencies if not used by PAPI) during the grant period '. This LOU does not affect previous agreo.,m(nrjts be ,,/ 1r and the Claflam County Sheriff's Office, The life of this LOU is depemdont on the continuation of the award from 1'1%litary Department, I his award's performance period commenced September 1, 2021 and wily end Mar It is further understood that PAPD rriust �� 1 1:7ri,dt it oice o'kIngwith pertinent documentation toClallam County Sheriff's Office in person, by mail: 223 E, 01 Strec.,t, Suitc-� 2, g0es, WA 98362, or by email: 91ga and that Claillam County Sheriff's Office will r6mh )on receipt of funds from Washington State Military Department. Date Brian King, Sheriff Date Brian Smith, Chief of Police August 15, 2023 E-83 �U P-QUANGELES CITY COUNCIL uiGu �rrtrti �u�,u,' WASH I N G T O N, U.S. MEMO Date: August 15, 2023 To: City Council From: Calvin W. Goings, Assistant City Manager Shannen Cartmel, Community and Economic Development Manager Subject: 2025 Comprehensive Plan Periodic Update Grant Summary: The City intends to secure $125,000 in available grant funding for the 2025 update of the Port Angeles Comprehensive Plan. Per direction from the Washington State Department of Commerce, City staff must obtain Council authorization to submit a Periodic Update Grant Application by the deadline of September 30, 2023. Funding: N/A Recommendation: 1) Authorize City staff to submit a Periodic Update Grant Application to the Washington State Department of Commerce as soon as the application is prepared and 2) authorize the Mayor to sign the letter to the Department of Commerce authorizing the grant submittal. Background / Analysis: City Council adopted the 2019 Amended Comprehensive Plan on June 18, 2019, through Ordinance No. 3621. The City most recently amended its Comprehensive Plan in June of 2023 through Ordinance No. 3715. The 2023 amendment was an optional annual amendment under the Growth Management Act. The City has now begun preparing for the 2025 Periodic Update of the Comprehensive Plan, which is required under the Growth Management Act. The Washington State Department of Commerce offers $125,000 in grant funding for fully planning cities under the Growth Management Act with a population between 3,000 and 49,999. In order to complete the anticipated scope of work, the City will need to obtain grant funding from the Washington State Department of Commerce. The grant funding can be used to pay for most activities related to the review and update of the Comprehensive Plan. Before City staff prepares and submits a Periodic Update Grant Application, the City Council must authorize staff to proceed. Should the City Council authorize this, staff will proceed to submit a grant application prior to the deadline of September 30, 2023. The $125,000 total is available in the amount of $62,500 for each planning year. Staff has prepared a draft letter of support that can be submitted with the application indicating that the City Council authorizes the application. Although grant funding would amount to only a portion of the total funding necessary to complete the 2025 Periodic Update process, the $125,000 in grant funding would comprise an essential and significant portion of the total project. Staff recommends that City Council authorize staff to proceed with preparation and submittal of a grant application by approving the attached letter. Funding: N/A Attachments: 1. Draft Letter to the Department of Commerce August 15, 2023 E - 84 PORT W A S H I August 16, 2023 ANGELES N G T O N, U.S. Washington State Department of Commerce Growth Management Services c/o Dave Andersen, AICP Managing Director Dave.Andersen@Commerce.wa.gov Re: 2025 Comprehensive Plan Periodic Update Grant Mr. Anderson, 321 East Fifth Street Port Angeles, WA 98362 The City of Port Angeles anticipates completing a significant update to the Port Angeles Comprehensive Plan through the 2025 Periodic Update process, as required by the Growth Management Act. The City plans to secure the necessary funding for the update during the 2024 and 2025 fiscal years from several sources, including the Periodic Update Grant funding offered by the Washington State Department of Commerce. The Scope of Work and Proposed Grant Budget included in the accompanying grant application identify how the requested funding is anticipated to be used and the projected timeline for the tasks comprising the update process. City staff expressed their intent to the City Council to submit a Periodic Update Grant Application to the Washington State Department of Commerce before the September 30, 2023, application deadline. This letter is intended to serve as the required letter of support from the Mayor expressing support for the work to be accomplished with the anticipated grant funding. The City Council considered the grant application process at the August 15, 2023, meeting and expressed support for City staff to apply to the Washington State Department of Commerce for the maximum grant amount of $125,000 for cities with a population between 3,000 and 49,999. The City understands that the $125,000 total is available, and the grant will be $62,500 for each planning year. The City intends to utilize the total funding amount should the grant be awarded. Please contact City staff at c,e,d)y2k°.�ra.us if you have questions or need more information about the City's grant application. With warm regards, Kate Dexter, Mayor August 15, 2023 E - 85 POR-T-ANGELES � CITY COUNCIL •n� WASH INGTON, U,S, MEMO Date: August 15, 2023 To: City Council From: Mike Healy, Director ofPublic Works & Utilities Subject: Material Purchase: Electrical Underground Cables Summary: Three (3) reels of 1/0 and three (3) reels of 4/0 primary voltage electrical underground cable are required to replenish the Electric Utility's electrical underground cable inventory. Each reel of cable is 2,500 feet of cable, for a total of 15,000 feet, 7,500 feet of each size cable. Through the City's membership with SourceWell cooperative purchasing, participating distributor of general electrical supplies WESCO/Anixter of Portland, OR was selected from the cooperative vendor list, Contract No. 0914422-WES for underground electrical cable purchase. Funding: Funding is available in the 2023 Electric Utility budget as material inventory. (Budget line item 401-7180-533.34-02). Recommendation: Award apurchase contract to WESCO Distribution, Inc. for 15,000 feet of electrical underground cable at a price of $93,350.40 including sales tax, and authorize the City Manager to execute a contract for the purchase and to make minor modifications to the contract as necessary. Background / Analysis: This procurement is to replenish the Light Operations Division's 1/0 and 4/0 primary voltage electrical underground cable. The electrical cables will be used in ongoing work activities including new installation, system expansion and upgrades, and replacement of aged infrastructure as needed throughout City. This purchase is expected to arrive in 2024 to replenish our inventory from 2023 usage. As a participating member of the cooperative purchasing group, the City is able to piggyback on contracts awarded by SourceWell to save time, obtain better prices and, if possible, better contract terms. Material costs and lead times for this SourceWell contract are in line with our last purchase in April 2023. Prices since our spring purchase have now settled out around $5.75 per foot. Engineering estimate of pricing was for a 15% increase over 2022 estimates based on material trends, resulting in $5.61 per foot estimate for 2023 of $84,150.00 plus tax. Pricing from the SourceWell Cooperative Purchasing contract is summarized below: Vendor Description Qty Unit Price Total Price WESCO Distribution, Inc. 4/0 AL 15KV 220M EPR 7,500 ft $5.97/ft $44,775.00 WESCO Distribution, Inc. 1/0 AL 15KV 220M EPR 7,500 ft $5.47/ft $41,025.00 TAX $7,550.40 TOTAL $93,350.40 August 15, 2023 E - 86 Funding Overview: Funds are available in the 2023 Electric Utility Operation Budget (401-7180- 533.34-02). August 15, 2023 E - 87 POR-T-ANGELES � CITY COUNCIL •n� WASH INGTON, U,S, MEMO Date: August 15, 2023 To: City Council From: Mike Healy, Director ofPublic Works & Utilities Subject: Hamilton School Directional Bore - Bid Rejection — CON-2023-27 Summary: Hamilton Elementary School is served power through an underground cable that is routed underneath the school building. To prepare for future replacement of this cable, a directional " trenchless" bore parallel to the existing cable was bid. Hamilton School required this work to be completed by August 14'. The City opened three bids on August 2, 2023. The lowest responsible bidder was Bruland Drilling, LLC of Lynden, WA with a bid of $31,196.66, including sales tax but is not able to complete the work in the required timeline. Funding: The funding for this project was budgeted in the 2023 Underground Cable Replacement Project, CL0619. Recommendation: Reject all bids received for the Hamilton School Directional Bore, CON-2023-27 and direct staff to re-evaluate the project for inclusion in a 2024 directional bore project. Background / Analysis: Hamilton Elementary School is a customer owned underground electrical distribution system that is supplied from the City overhead electrical distribution system at M street. The underground cable runs underneath the school through a conduit to a customer owned transformer. The customer owned system dates prior to 1974. The expected life of an underground cable is 40 years, and the expected life of a transformer is 25-30 years. The supply cable, conduit size, and customer equipment are not compatible with the City inventory, which would make providing assistance in an emergency failure very difficult. To aid in any future repairs, a plan was made to install a City owned 4 inch conduit in parallel to the school's system as a limited small works project from the City pole to the School transformer, prior to the start of the summer school session and the school year. This conduit would allow the City to efficiently restore failed service to the school in an emergency. The project was advertised by the City on July 24, 2023, via Builder's Exchange along with postings in the local Peninsula Daily News and Daily Journal of Commerce and with notification to the North Peninsula Building Association. On August 2, 2023, the City received and reviewed three qualifying bid packages. The lowest responsible bidder was Bruland Drilling, LLC of Lynden, WA with a bid of $31,196.66, including sales tax. The total bid amounts, including taxes, are tabulated in the following table: Contractor Total Bid A -Action Group Utilities, Inc — Olympia, WA $34,598.40 Bruland Drilling, LLC — Lynden, WA $31,196.66 Kalilikane Consulting & Services, LLC — Moses Lake, WA $51,388.42 Engineer's Estimate $24,000.90 August 15, 2023 E - 88 The Engineer's Estimate for this project was based on actual quotes from earlier in 2023 and the total for this project was not expected to exceed the $25,000 approval limit. Due to higher than budgeted bids, and the required completion date of August 14th, it is recommended to reject all bids. Funding Overview: The funding for this project was budgeted in the 2023 Underground Cable Replacement Pro]ect, CL0619; 451-7188-594-65.10 August 15, 2023 E - 89 i,;;;� ';L CITY CQUNCIL W A S H I N G T O N, U.S, MEMO Date: August 15, 2023 To: City Council From: Mike Healy, Director ofPublic Works & Utilities Subject: Pedestrian Light Fixtures - Bid Rejection — MEC-2023-25 Summary: The City opened three bids on July 18, 2023 for downtown pedestrian light fixtures for inventory, and light fixtures for the City Hall parking lot, to be installed during the City Hall Parking Lot LID Retrofit Project (TR1215). The lowest responsible bidder was Olympic Electric of Port Angeles, WA. The low bid was $61,087.37, including sales tax which was in excess of the available budget. Funding: Funds are available within current appropriations for pedestrian lighting in the downtown/waterfront corridor. Staff recommends that the bids be rejected, and available funds be used to replace pedestrian lighting that incurred damage due to vandalism and that funding the City Hall lighting portion of the project be addressed along with the rebid of the City Hall Parking Lot Project later this year. Recommendation: Reject all bids received for the Pedestrian Light Fixtures, MEC-2023-25 and direct staff to re -bid for only the downtown pedestrian light fixtures at this time. Background / Analysis: In May 2019, the City accepted a Department of Ecology water quality grant to design stormwater retrofits for the East City Hall parking lot. During the design of this project, the need for additional light fixtures and improvements to the overall lighting of the City Hall parking lot were identified. In addition, a restock of inventory for replacement of damaged or deteriorating downtown "shepherds hook" lights were also included on this bid. During the time this advertisement was out for bid, several lights along the waterfront were vandalized, requiring replacement. The funds for the purchase of the City Hall parking lot lights were to come from that same budget. That, in combination with the East City Hall Parking Lot project status, made it necessary to delay the purchase of the City Hall parking lot lights. The bid was advertised by the City on June 29, 2023, via Peninsula Daily News, the Municipal Research and Services Center vendor supplier list and the City website. On July 18, 2023, the City received and reviewed three qualifying bids. The lowest responsible bidder was Olympic Electric of Port Angeles, WA. The low bid was $61,087.37, including sales tax. The total bid amounts, including taxes, are tabulated in the following table: Contractor Total Bid Olympic Electric — Port Angeles, WA $61,087.37 Supreme Lighting Design, LLC — Brooklyn, NY $75,553.55 WESCO/Anixter — Portland, OR $66,152.58 Engineer's Estimate $60,000.00 August 15, 2023 E - 90 The light fixtures will be rebid as two separate bids at a later date, one for the downtown lights, and one for the City Hall parking lot lights. Funding Overview: As stated above bids received were in excess of the available funding resulting in a recommendation to reject all bids and focus available funding toward pedestrian lighting in the downtown/waterfront corridor. August 15, 2023 E - 91 �U P-QUANGELES CITY COUNCIL uiGu �rrtrti �u�,u,' WASH I N G T O N, U.S. MEMO Date: August 15, 2023 To: City Council From: Calvin W. Goings, Assistant City Manager Shannen Cartmel, Community and Economic Development Manager Subject: Title 17 Municipal Code Amendment No. 23-41 Summary: On July 5, the City Council approved two separate items and directed staff to draft amendments to Title 17 of the Port Angeles Municipal Code. These amendments would implement the forthcoming accessory dwelling unit requirements from Engrossed House Bill 1337 Section 4 and change the threshold requirements for utility feasibility review in the R7, Mixed Residential Development zone. Funding: N/A Recommendation: 1) Conduct the first reading of the ordinance, 2) waive the second reading of the ordinance, and 3) adopt the ordinance. Background / Analysis: On July 5, the City Council voted 6-0 in approval of two separate items and directed staff to: 1. Add to our next Title 17 SEPA-reviewed code amendment, the code change from "utility feasibility shall be considered on projects which create 3 or more primary units on a single lot" to "utility feasibility may be reviewed on projects that create 8 or more bedrooms per 7,000 square foot land area."; and 2. Place a first reading on August 15 Council meeting agenda for an ordinance to amend the Port Angeles Municipal Code to adopt the forthcoming Accessory Dwelling Unit requirements from Engrossed House Bill 1337 Section 4. In accordance with RCW 36.70A.106 all proposed local municipal development regulations are required to submit a 60-day notice of intent to adopt the amendment to the Washington State Department of Commerce for their review. Submission of the final ordinance within 10 days of adoption is also required. The notice was submitted on July 17, 2023, and the 60-day notice period ends on September 15, 2023. RCW 36.70A.106(3)(b) allows for a request to expedite the review. Staff made this expediated request and received verbal confirmation from the Department of Commerce that the code adoption could move forward on August 1. In accordance with Section 17.96.100 of the Port Angeles Municipal Code, "Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council." A public hearing with the Planning Commission was noticed on July 17, and was held on August 9, to discuss the proposed amendments to Title 17 and allow for public comment. The Planning Commission passed a motion to recommend the City Council approve Municipal Code Amendment No. 23-41, while recommending that the proposed threshold for municipal utility capacity analysis in the R7 zone be changed from "8 or more bedrooms" as directed by Council to "11 or more bedrooms" per 7,000 square feet of land area. August 15, 2023 G - 1 The staff report that was presented to the Planning Commission on August 9, included as an attachment to this packet, provides a detailed overview of the Title 17 amendment process and itemizes the response to Section 4 of Engrossed House Bill 1337. Changes include: • Change to the definition of "accessory dwelling unit" to include the ability to place on a lot with a duplex. • Reduction to the rear alley setback standards for accessory dwelling units in zones where they are listed as an allowed use. • Amendment to Table 17.10.050-1 to change density language from "utility feasibility shall be considered on projects which create 3 or more primary units on a single lot" to "Utility feasibility may be reviewed on projects that create 8 or more bedrooms per 7,000 square foot land area," or "...11 or more bedrooms..." as recommended by the Planning Commission. • Various amendments to Chapter 17.21 Residential Infill Standards to ensure the accessory dwelling unit code meets the regulatory standards of Engrossed House Bill 1337. Funding Overview: N/A Attachments: 1. Planning Commission Staff Report 2. Planning Commission Draft Minutes 3. Draft Ordinance August 15, 2023 G - 2 ORTANGELES DEPARTMENT OF W A S H i N G r O N. U.S, COMMUNITY &. ECONOMIC DEVELOPMENT N fir TO: Planning Commission FROM: The Community and Economic Development Department DATE: Wednesday, August 9, 2023 RE: Municipal Code Amendment related Engrossed House Bill 1337 regarding accessory dwelling unit standards and R7 thresholds for utility feasibility review. STAFF REPORT CONTENTS I. Background and proposal......................................................................................................... 1 II. Procedure................................................................................................................................ 2 IIIComments................................................................................................................................ 2 IV. Findings of Fact & Staff Analysis............................................................................................. 3 VII. Recommendation................................................................................................................ 10 VIII. Appendices......................................................................................................................... 10 I. BACKGROUND AND PROPOSAL On July 51" the City Council voted 6-0 in approval of two separate items and directed staff to: 1. Add to our next Title 17 SEPA-reviewed code amendment, the code change from "utility feasibility shall be considered on projects which create 3 or more primary units on a single lot" to "Utility feasibility may be reviewed on projects that create 8 or more bedrooms per 7,000 square foot land area."; and 2. Place a first reading on August 15 Council meeting agenda for an ordinance to amend the Port Angeles Municipal Code to adopt the forthcoming Accessory Dwelling Unit requirements from Engrossed House Bill 1337 Section 4. In accordance with RCW 36.70A.106 all proposed local municipal development regulations are required to submit a 60-day notice of intent to adopt amendment to the Department of Commerce for their review. Submission of final ordinance within 10 days of adoption is also required. The notice was submitted on July 17, 2023, and the 60-day notice period ends on September 15, 2023. RCW 36.70A.106(3)(b) allows for a request to expedite the review. Staff made this request to the Department of Commerce and received confirmation of expedited review by phone on August 1, 2023. Wednesday, August 9, 2023 1 Page 1 of 10 August 15, 2023 G - 3 P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment In accordance with Section 17.96.100 of the Port Angeles Municipal Code (PAMC) "Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the zoning regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council." A public hearing with the Planning Commission has been scheduled on August 9, 2023 to discuss the proposed amendment to Title 17 and allow for verbal public comment. Staff provided public outreach for the draft code amendment in several different forms: • No public outreach was performed for this municipal code update Public Outreach was performed on the following dates: • N/A II. PROCEDURE Notice of the application was provided on the following dates and in the following manner: 1. 7/14/2023 Newsflash Notice on the City's Website 2. 7/17/2023 60-day Notice to WA Department of Commerce 3. 7/17/2023 Combined SEPA Notice: PDN, City Hall, and SEPA Register The Planning Commission will conduct a review of the application, public comment including testimony during the open record public hearing August 9, 2023, and this staff report and will make a recommendation to the City Council. On August 15, 2023, City Council will conduct the first reading of the proposed ordinance that reflects the Planning Commission recommendation from August 9, 2023. An appeal must be submitted within 60 days of the notice of final decision. III COMMENTS Public Comment: As of the publishing of this staff report there has been no written comment submitted for this proposal. Written comment will be accepted until the completion of the public hearing, scheduled on August 9, 2023. Verbal public comment is available at the hearing. City of Port Angeles Departmental Comments: Comments received from City of Port Angeles Departments have been incorporated into this report's findings. August 15, 2023 August 9, 2023 1 Page 2Gf--14 P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment IV. FINDINGS OF FACT & STAFF ANALYSIS Analysis and findings of fact from Department of Community and Economic Development (DCED) staff are based on the application materials, Port Angeles Municipal Code (PAMC), standards, plans, public comment, and other relevant materials available during the review period. The findings and analysis section this report is a summary of the completed review by DCED staff. City of Port Angeles Comprehensive Plan All Municipal Code Amendment applications must be consistent with the Port Angeles Comprehensive Plan. The following Port Angeles Comprehensive Plan policies are identified by Planning Staff to support the proposal in Municipal Code Amendment Application No. 23-41: Chapter 2: Growth Management Goal G-2A: To manage growth in a responsible manner that is beneficial to the community as a whole, is sensitive to the rights and needs of individuals, and is consistent with the State of Washington's Growth Management Act. Goal G-2A Policies: P-2A.01 In all its actions and to the extent consistent with the provisions of this comprehensive plan, the City should strive to implement the following goals of the State Growth Management Act: A. Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. B. Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low - density development. C. Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. D. Housing. Encourage the availability of affordable housing to all economic segments of the population. Promote a variety of residential densities and housing types and sizes and encourage preservation and expansion of existing housing stock. M. Public facilities and services. Ensure that those public facilities and services necessary to support development should be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards Chapter 3: Land Use Goal G-3A: To manage growth in a responsible manner that is beneficial to the community as a whole, is sensitive to the rights and needs of individuals, and is consistent with the State of Washington's Growth Management Act. August 15, 2023 August 9, 2023 1 Page 3f--15 P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment Goal G-3A Policies: P-3A.01: Use the Comprehensive Plan Land Use Map as a conceptual guide when making all zoning and other land use decisions, including all land use decisions and approvals made by City Council and/or any of its appointed Commissions, Boards, or Committees. Goal G-3B: To ensure residential land use and development is compatible with the environment with existing uses and residents, and with desired urban design. Goal G-3B Policies: P-3B.02: Ensure that single family lots are of reasonable shape and have access provided by a collector arterial, local access street or alley. Goal G-3C: To create and maintain a fulfilling and enjoyable community of viable districts and neighborhoods with a variety of residential types attractive to people of all ages, characteristics and interests. Goal G-3C Policies: P-3C.01: Employ the district and neighborhood concept when developing residential land. Although such districts may be composed primarily of residential uses of a uniform density, the most healthy, viable districts are composed of residential uses of varying densities, and may be augmented, by other compatible uses. Single family and multi -family homes, parks and open - spaces, schools, churches, day care and residential services, home occupations, and district shopping areas are all legitimate components of residential districts. Chapter 5: Utilities and Public Services Goal G-5D: To provide utility services in an efficient and cost-effective manner. Goal G-5D Policies: P-5D.01: Design urban services for the maximum planned density and/or land use intensity of a given area as designated on the Comprehensive Plan Land Use Map. P-5D.02: Provide urban services only in areas that are logical extensions of areas, which are currently served by such services or needed to implement a specific goal or policy of the Comprehensive Plan. P-5D.04: Promote the joint use of transportation rights -of -way and utility corridors for all forms of transportation, including non -motorized. Chapter 6: Housing GoalG-6A: To improve the variety, quality, availability, and attainability of housing opportunities in the City of Port Angeles. Goal G-6A Policies Policy: August 15, 2023 August 9, 2023 1 Page 4Gf--16 P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment P-6A.01: Expand the residential land use options in the Zoning Code by classifying residential zones by allowed density rather than by housing types. P-6A.04: Plan for sufficient urban services to support future housing in a variety of allowable densities. P-6A.05: Allow accessory residential units in single family residential zones. P-6A.06: Promote acceptance of low- and moderate -income housing. P-6A.11: Provide an appropriate balance between attainable market -rate housing and affordable housing and ensure that affordable housing is provided in a way that contributes to the physical appearance and economic and social health of the neighborhoods and the City. P-6A.17: Develop strategies to combat homelessness and housing insecurity amongst residents. P-6A.18: Develop and implement tools to support a range of housing types including affordable housing options. Goal G-613: To participate with Clallam County and other entities in programs to increase the availability and affordability of public assisted housing and rental units as well as other affordable housing opportunities. Goal G-613 Policies: Policy P-613.05: Provide adequate low- and moderate -income housing opportunities within the Port Angeles Planning Area. Goal: G-6C: To use the 2019 Housing Action Plan as a guide and implementation tool for future City actions in support of providing available State supported financing options, municipal code revisions that promote innovative housing products and designs, incentive zoning, and renovation/rehabilitation of existing of the City's housing stock. Goal G-6C Policies: Policy: P-6C.05: Encourage innovative housing development based on Port Angeles' forecasted demographic changes. Chapter 8: Capital Facilities Goal G-8A: To provide and maintain safe and financially feasible urban services and capital facilities at or above stated levels of service to all City residents and the general public. Goal G-8A Policies: P-8A.04: At a minimum, ensure the continuation of established level of service standards for all urban utilities and services to the extent and in the manner provided herein. August 15, 2023 August 9, 2023 1 Page _9113V--1B P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment Goal G-81D: To reduce the amount of impervious surface created by new developments and thereby reduce stormwater management costs and environmental impacts to the City and its natural resources, reduce development costs to private property owners, and provide safe and more attractive streets through traffic calming, safe pedestrian amenities, and improved street edge landscaping. Goal G-81D Policies: P-81D.01: Revise existing urban development standards in low density residential areas to include low impact development standards for street, pedestrian and nonmotorized access, sewer, and fire suppression to more nearly reflect the needs of suburban densities and conditions in outlying undeveloped areas of the City and PAUGA. Chapter 11: Implementation Action A-6.01: Identify appropriate areas of the city for higher -density housing, converting low - density residential areas into medium and high -density designations. Medium (2-4 yr.) Action A-6.06: Assist in the development of accessory residential units by Allowing the R-7 zone to increase the size of ADU's attached to primary dwelling units. Short -Medium (0-4 yr.) Action A-6.07: Encourage mixed use development and affordable housing units by: • Amend zoning code to adjust setbacks, maximum site coverage allowances, and other restrictions that prevent the use of to expand the definition of allowable innovative, functional, and cost-effective housing products. Short (0-2 yr.) Summary and Explanation of Port Angeles Municipal Code Changes to Title 17 Title 17: Zoning Chapter 17.08 Definitions Addition of "duplex" to acknowledge that an ADU can be placed on a lot with a duplex, not only on a lot with a single -household dwelling Chapter 17.10 R7, Residential Mixed Density Amendment to language in Table 17.10.050A changing the notation for "Density, maximum net" from "utility feasibility shall be considered on projects which create 3 or more primary units on a single lot" to read "Utility feasibility may be reviewed on projects that create 8 or more bedrooms per 7,000 square foot land area." and reduction of rear alley setback for accessory dwelling units from 3 to zero. Chapter 17.11 R9, Lower Densitv Residential Reduction of rear alley setback for accessory dwelling units from 3 feet to zero. Chapter 17.12 R11, Lower Density Residential Reduction of rear alley setback for accessory dwelling units from 3 feet to zero. August 15, 2023 August 9, 2023 1 Page 6Gf--15 P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment Chapter 17.14 RMD, Residential Medium Densi Reduction of rear alley setback for accessory dwelling units from 3 feet to zero. Chapter 17.15 RHD, Residential Medium Density Reduction of rear alley setback for accessory dwelling units from 3 feet to zero. Chapter 17.21 Residential Infill Standards ADU standards have been updated to reflect changes required by Engrossed House Bill 1337. The following items included in this amendment are in bold. All other items have been addressed in previous code amendments: (1)(a) The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit; Staff Anolysis: This requirement hos already been met by reducing connection fees and waivers to base fees forADU`s. (b) The city or county may not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot; Staff Anolysis: This is not o current standard forADU's. (c) The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations: (i) One attached accessory dwelling unit and one detached accessory dwelling unit; (ii) Two attached accessory dwelling units; or (iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures; Staff Analysis: This change has been included in the amendment (d) The city or county must permit accessory dwelling units in structures detached from the principal unit; Staff Anolysis: This is not a current standard forADU`s. (e) The city or county must allow an accessory dwelling unit on any lot that meets the minimum lot size required for the principal unit; Staff Anolysis: This is o current stondord forADU's. August 15, 2023 August 9, 2023 1 Page �Gf--19 P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment (f) The city or county may not establish a maximum gross floor area requirement for accessory dwelling units that is less than 1,000 square feet; ,Staff Analysis: This current maximum floor area has been amended from 800 square feet to 1,000 square feet. (g) The city or county may not establish roof height limits on an accessory dwelling unit of less than 24 feet, unless the height limitation that applies to the principal unit is less than 24 feet, in which case a city or county may not impose roof height limitation on accessory dwelling units that is less than the height limitation that applies to the principal unit; Staff Anolysis: This is o current standard forADU`s. (h) A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for accessory dwelling units that are more restrictive than those for principal units; Staff Anolysis: This is o current standard forADU`s. (i) A city or county must allow detached accessory dwelling units to be sited at a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley, Staff Analysis: Rear alley setback requirements have been changed from 3 to Ofeetfrom the alley lot line, (j) A city or county must allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage; Staff Anolysis: This is o current stondord forADUs. (k) A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit; and ,Staff Analysis: AD7Us are not currently allowed as a detached condominium. Attached condominiums will not be prohibited Language has been added to ensure this standard is met in the future. (1) A city or county may not require public street improvements as a condition of permitting accessory dwelling units. Staff Anolysis: This is o current stondord for AO Us. (2)(a) A city or county subject to the requirements of this section may not: August 15, 2023 August 9, 2023 1 Page$ e110 P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment (i) Require off-street parking as a condition of permitting development of accessory dwelling units within one-half mile walking distance of a major transit stop; (i i) Require more than one off-street parking space per unit as a condition of permitting development of accessory dwelling units on lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits; and (iii) Require more than two off-street parking spaces per unit as a condition of permitting development of accessory dwelling units on 36 lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits. Staff Anolysis: This is o current standard forADUs. (b) The provisions of (a) of this subsection do not apply: (i) If a local government submits to the department an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of (a) of this subsection for accessory dwelling units will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses. The department must develop guidance to assist cities and counties on items to include in the study; or (i i) To portions of cities within a one -mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements. Staff Anolysis: No study is proposed. (3) When regulating accessory dwelling units, cities and counties may impose a limit of two accessory dwelling units, in addition to the principal unit, on a residential lot of 2,000 square feet or 5 less. Staff Anolysis: Zones where ADUs ore allowed ore not affected by this requirement. (4) The provisions of this section do not apply to lots designated with critical areas or their buffers as designated in RCW 18 36.70A.060, or to a watershed serving a reservoir for potable water if that watershed is or was listed, as of the effective date of this section, as impaired or threatened under section 303(d) of the 21 federal clean water act (33 U.S.C. Sec. 1313(d)). Staff Anolysis: This is o current stondord forADUs. August 15, 2023 August 9, 2023 1 PageG of It P&Z Application No. 23-41 1 Title 17 Municipal Code Amendment Environmental Review This project was reviewed under the Washington State SEPA threshold determination rules requirements and procedures. The action adopted Determination of Non -Significance No. 1467 for the project per the WAC 197-11-630 adoption process. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared. A copy of the threshold determination for the specific proposal may be obtained upon request. Consistency In preparation and submission of a Municipal Code Amendment, City Staff has demonstrated that all standards will be met in accordance with the City's Comprehensive Plan and the Port Angeles Municipal Code. VII. RECOMMENDATION It is the recommendation of Department of Community and Economic Development Staff that the Planning Commission concur with staffs recommendation to the City Council to approve Municipal Code Amendment No. 23-41. This recommendation is based on the staff report, 2023 Comprehensive Plan, 2019 Housing Needs Assessment, and Engrossed House Bill 1337. The recommended specific motions are: 1. General motion to recommend City Council approve Municipal Code Amendment No. 23-41. Vill. APPENDICES A :ndux A: i u :V : ".1..7 C:)u a f ; I a�ruuc.0 a V �::;od�:� 2 r.!j e�ndrnent:s B.......................................................................................................................................................................................................12................................................................................................................................................. ..B..P. ' Lu d.V.x....�::..:......r ..o..IC�:�:.� .r�......�: �..1�!.......I�!..�.......... �::.�.� ...`. Aiooencfix i:): I'Ubk INoflce i OCUrnent:aflon August 15, 2023 August 9, 2023 1 Page AS e)42 MINUTES PLANNING COMMISSION Hybrid Meeting - In Person and Virtual City Council Chambers: 321 E 5d, Street, Port Angeles, Washington 98362 August 9, 2023 at 6:00 P.M. REGULAR MEETING CALL TO ORDER Chair Stanley opened the regular meeting at 6:03 P.M. ROLL CALL Commissioners Present: Benjamin Stanley (Chair) Andrew Schwab (Vice Chair) Richie Ahuja Tammy Dziadek Marolee Smith James Taylor Colin Young Commissioners Absent: None City Staff Present: Ben Braudrick (Senior Planner) Zach Trevino (Assistant Planner) Chris Cowgill (Assistant City Attorney) Public Present: Holden Fleming, Jim Haguewood, Anthony Hale, Steve Luxton, 3 unidentified members of the public PUBLIC COMMENT Chair Stanley opened the meeting to general public comment. No member of the public provided any comment. Chair Stanley closed the meeting to general public comment. APPROVAL OF MINUTES Commissioner Dziadek noted that The Nature of Cities recommended by Chair Stanley at the last meeting of the Planning Commission was an erroneous title for the intended book. The correct title of the book is The Nature of Economies. Chair Stanley acknowledged this correction, stating that the minutes from the July 26, 2023 will remain unchanged. MOTION: Commissioner Taylor moved to approve the minutes from the July 26, 2023 regular meeting of the Planning Commission. The motion was seconded by Commissioner Smith and passed unanimously (7-0) through a consent vote. August 15, 2023 G - 13 Planning Commission Minutes August 9, 2023 Page 2 PUBLIC HEARING 1. Title 17 Municipal Code Amendment Planner Braudrick introduced the item by providing an overview of proposed Municipal Code Amendment No. 23-41. He explained the background of the City Council's direction to incorporate requirements of Engrossed House Bill 1337 into the Port Angeles Municipal Code (PAMC). The Washington State Department of Commerce agreed to review the proposed amendments under an expedited process to enable the City to adopt the amendments sooner than the end of the required 60-day notice period. He explained the analysis contained in the staff report to ensure the Commission understood the approval process and the nature of the proposed code changes. Planner Braudrick proceeded to explain each of the proposed changes and the reasoning for each proposed amendment to Title 17 PAMC. He identified the changes to the municipal utility capacity analysis threshold for proposed development in the R7 zone requested by Council and the changes to accessory dwelling unit (ADU) standards intended to achieve compliance with HB 1337. Following the explanation of the proposal and decision -making process, Planner Braudrick read into the record a letter written by City Engineer Jonathan Boehme to the Planning Commission. This letter was submitted following the deadline for inclusion of materials in the agenda packet. The letter provides considerations regarding sewer capacity in the City of Port Angeles that are relevant when evaluating proposed development. The letter identifies the general cost of utility capacity upgrades and the timeline needed to upgrade infrastructure in order to serve development. The difference between the set of considerations applicable to smaller -scale development in a capacity constrained sewer basin and larger -scale development was addressed in the City Engineer's written comments that Planner Braudrick read into the record. The purpose of these comments was to clarify the purpose of the municipal utility capacity feasibility analysis requirement. Chair Stanley summarized the proposed changes to ensure the Commissioners understood the changes being considered. He noted that the proposed change to the municipal utility capacity analysis requirement will exempt certain projects that would have been required to conduct an analysis under Ordinance No. 3710 from the analysis requirement. Planner Braudrick confirmed that the City already knows certain areas where capacity is constrained, but in areas where capacity availability is not known the developer would need to pay the cost of analysis and any required upgrades to the infrastructure. Commissioner Smith asked whether publicly available maps depict sewer capacity in each basin. Chair Stanley asked for more information about known sewer capacity constraints. Planner Braudrick confirmed that the City can provide information on available sewer capacity data at a future meeting. Commissioner Taylor said that he could not find sewer capacity data when using the City's GIS map. He stated that the City needs to specify areas that have available capacity on a publicly available map. Commissioner Young explained that the provision of data can be difficult for staff. He asked whether there is information on why staff recommended changing the capacity analysis threshold from three primary units to eight bedrooms. Planner Braudrick explained that this derives from a Council direction. Assessing the impact of development when using number of bedrooms as a threshold is more accurate than using the number of units. August 15, 2023 G - 14 Planning Commission Minutes August 9, 2023 Page 3 Vice Chair Schwab identified the proposed language in Section 17.21.020 PANIC and asked whether a lot could have a single -household dwelling unit with a duplex ADU. Planner Braudrick confirmed the regulations would allow this. Chair Stanley opened the public hearing to public comment. The following individuals provided comment: • Holden Fleming expressed full support of the proposed measures, stating that staff and the Commission must continue to address housing needs in the City. • Steve Luxton explained that he has been dealing with the feasibility study implications of Ordinance No. 3710 for six months and the impact of those requirements on his development project. He stated that the Department of Public Works is not reasonable enough to handle this authority. He has been working through the permitting process and has been faced with a cost of thousands of dollars to upgrade utility infrastructure. Mr. Luxton explained that this capacity analysis requirement has already stopped certain developments, including a project proposed by Habitat for Humanity. He requested that the threshold be changed from "8 or more bedrooms" to "more than 8 bedrooms" to accommodate the Habitat for Humanity project. Chair Stanley began the Commission's discussion by explaining that the City needs to think about utility replacement and plan for the future so the infrastructure deficiencies can be addressed. He noted that different methods of measuring the impact of humans on the sewer system exist. He raised an example of a past project that involved a quadrupling of utility use but did not require infrastructure upgrades. Commissioner Young explained that there is likely a method available to Engineering staff that can best approximate the load on the sewer system and urged that the most accurate method should be used. He explained that the number of bathrooms matters because that will determine the load spreading. He noted that eight bedrooms triggering an analysis seems like an arbitrary threshold considering that a standard multi -family development consists of four units with two bedrooms each. Chair Stanley noted that encouraging density is important. Commissioner Smith asked whether the City knows what capacity is available. She provided her own home as an example, noting that it used to be a drug treatment center with more bedrooms. She noted that the City of Port Angeles used to not have much information on or requirements regarding capacity. She stated that a property owner should know what capacity is available before they spend any money on the development process. Ideally, the City will be able to tell inquirers about capacity feasibility at the beginning of a process. She asked who is setting the fees applicable to new development. She noted that the PANIC gives discretion to the staff for setting fees. She is in support of the proposed amendments. The City needs more information available to the public. A City map should be made available indicating where capacity is available because the City should be making it as simple as possible for someone to build a residence. Commissioner Ahuja noted that the comments from the City Engineer regarding infrastructure are concerning. Areas of deficient infrastructure should be prioritized for upgrades. He asked whether staff could provide a cost estimate for conducting an analysis of upgrades priorities. He concurred that there should be a capacity map available. A developer deserves certainty for utility capacity availability to obtain financial feasibility. He is not in August 15, 2023 G - 15 Planning Commission Minutes August 9, 2023 Page 4 favor of each unit being required to conduct a feasibility study. A "heat map" should be available for developers to consult so individual analyses are not required. Planner Braudrick provided clarifications regarding Commissioner comments. He noted that a Wastewater Comprehensive Plan process is underway, and a final plan is being drafted. He noted that the proposed threshold is eight bedrooms for an analysis, so typical ADUs are not subject to the analysis requirement. Most existing older homes in Port Angeles are 2-3 bedrooms, so adding an ADU to a lot would not trigger the capacity analysis. Commissioner Taylor sated that he would like to see a "green map" identifying where capacity is available for development. He explained that the last Utility Advisory Committee meeting was cancelled due to lack of quorum. He asked for a joint meeting between the Planning Commission and the Utility Advisory Committee. Chair Stanley expressed an immediate need for knowing what parts of the City are buildable and which are not due to capacity constraints. Commissioner Smith agrees that the City cannot improve capacity everywhere all at once but should prioritize improvements where they make sense. It is important to identify areas where capacity is available to facilitate quick development decisions. Zoning should be amended to reflect capacity constraints. Commissioner Taylor recommended an "R7-Green" overlay zone where developers can develop based on available capacity. This will ensure that developers can save time in the development process. Chair Stanley noted that such a map would identify areas that cannot be developed and enable City to target those areas for improvements immediately. Commissioner Young stated that he is in favor of changing the analysis threshold language in Table 17.10.050-1 PANIC to "more than 8 bedrooms." Chair Stanley noted that the threshold could be set at eleven bedrooms in order to allow a project with eight bedrooms and two one -bedroom ADUs on one lot to be approved without going through a capacity analysis. Commissioner Young asked whether it is feasible to build six units on one standard lot. Planner Braudrick noted that the dimensional standards would need to be met. Vice Chair Schwab noted that eight bedrooms is an arbitrary threshold. He takes issue with changing code to accommodate one specific development. Chair Stanley noted that development policies based on the needs of a single developer is flawed. Commissioner Smith noted that Planning Commissions should have discretionary power to make determinations on variances instead of just the Hearing Examiner. She advocated for developments to be considered by the Commission to determine whether a development should be allowed. Development should be made more flexible. Chair Stanley noted that the City Council and Planning Commission want to promote density, so he would consider a motion to approve the proposed language but raise the number of bedrooms triggering the municipal capacity analysis to eleven. This would accommodate ten bedrooms across six units on one 7,000 square foot lot without a utility feasibility review. Further discussion of this proposed changed ensued. MOTION: Chair Stanley moved that the Planning Commission recommend the City Council adopt the proposed municipal code amendment as presented, except for the municipal utility capacity language in Table 17.10.050-1 PAMC, which should be amended to state that capacity "may be reviewed when assessing the feasibility of any August 15, 2023 G - 16 Planning Commission Minutes August 9, 2023 Page 5 proposal that results in 11 or more bedrooms per 7000 square feet of project area." The motion was seconded and passed unanimously (7-0) through a roll call vote. Vice Chair Schwab suggested that the Commission ask staff to put a capacity overlay layer on the City's Multi Use Map. MOTION: Commissioner Taylor moved to recommend that City Council direct staff to provide a sewer capacity overlay layer on the City's Multi Use Online Map. The motion was seconded by Commissioner Smith and passed unanimously (7-0) through a roll call vote. Commissioner Ahuja noted that this layer should be added for the purpose of providing clarity to developers about capacity constraints. ACTION ITEM 1. Port Angeles Comprehensive Plan Periodic Update — Subcommittee Creation Planner Braudrick read a letter provided by Assistant City Attorney Cowgill addressing the Planning Commission Bylaws and how they relate to the Open Public Meetings Act (OPMA). The OPMA takes precedence over the bylaws. This letter was provided to the Commissioners and entered into the record. Chair Stanley provided an overview of where the discussion was left when it was continued to the next meeting at the July 26, 2023 Planning Commission meeting. He asked the Commissioners who had volunteered whether they are still interested in serving on the subcommittee and emphasized that the role is one of facilitator rather than someone advocating for their own views. Further discussion of subcommittee creation ensued among the Commissioners, with a focus on clarifying the role of the subcommittee. Chair Stanley explained that he does not need to be directly involved in the subcommittee. He officially created the Comprehensive Plan Periodic Update subcommittee last meeting. He appointed Commissioners Dziadek, Smith, and Taylor to serve on the subcommittee. He asked whether any of those members wanted to take the role of chair. Commissioner Taylor volunteered to serve as chair. Chair Stanley appointed Commissioner Taylor to be the chair of the new subcommittee. STAFF UPDATES City staff provided the following updates to the Commission: • Planner Braudrick noted that there is no update since last meeting regarding the Lower Elwha Klallam Tribe Hotel, Anian Shores, or the Race Street improvement project. Commissioner Smith asked about the Race Street project. Planner Braudrick explained that Race Street construction is focusing on concurrent upgrades of street and utility infrastructure. Planner Trevino noted that staff plans to attend the American Planning Association Washington Chapter Peninsula Section Planner's Forum on August 17, 2023 in Poulsbo, Washington. This will enable discussion of housing among planning professionals. August 15, 2023 G - 17 Planning Commission Minutes August 9, 2023 Page 6 REPORTS FROM COMMISSION MEMBERS • Commissioner Dziadek explained that she read an article published by Strong Towns addressing changes to posted speed limits and the importance of using engineering changes to accompany speed limit changes. • Commissioner Taylor inquired about the Wastewater Comprehensive Plan. He would like to have the opportunity to review the plan. He asked staff to provide a link to the plan. Planner Braudrick explained that staff can provided a link to the Wastewater Comprehensive Plan web page for Commissioner review. • Commissioner Taylor noted that the Housing Administrator position is no longer posted. Planner Braudrick confirmed that the position is filled and the new Housing Administrator will be starting work in the position on August 14, 2023. • Chair Stanley asked for staff to share a list of email addresses for all Commissioners, which staff confirmed they could do. ADJOURNMENT Chair Stanley adjourned the meeting at 7:55 P.M. Zach Trevino, Secretary Ben Stanley, Chair MINUTES PREPARED BY: Zach Trevino, Secretary August 15, 2023 G - 18 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington amending portions of Title 17 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Title 17 of the Port Angeles Municipal Code is hereby amended by amending sections of Title 17 as follows: CHAPTER 17.08 - DEFINITIONS 17.08.025 - "D." N. Dwelling unit, accessory. A habitable unit added to, created within, or detached from a primary single -household residential dwelling or duplex that provides basic requirements for living, sleeping, eating, cooking, and sanitation as outlined by the International Residential Building Code. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly incidental to a detached primary single -household dwelling both in use and appearance. An ADU may also be referred to as an accessory residential unit (ARU) in this title. CHAPTER 17.10 - R7, RESIDENTIAL, MIXED DENSITY 17.10.050 - Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all development in the R7 zones: August 15, 2023 G - 19 Measurement Type Limit Reference and .Additional Provisions Minimum lot 35 feet width/frontage 25 feet on alley access lots o� Municipal utility capacity (including but not limited to stormwater, wastewater, and electrical) shall be ,.bride,-, may be reviewed Density, 1 unit per 1,750 when assessing the feasibility of any proposal maximum net square feet that results in -3-11 or more bedrooms ^r r�'�'�*per 7,000 square feet of land area. A pre -application meeting is recommended to address capacity. Maximum 30 feet 35 feet where all roof forms above 30 feet have building height a minimum 3:12 roof pitch In locations where stormwater runoff from structures, paved driveways, sidewalks, patios, and other surfaces is managed on -site, per the Maximum 65% requirements of the Port Angeles Urban site coverage Services Standards and Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). Minimum PAMC 17.94.075 front setback 15 feet PAMC 17.94.080 PAMC 17.94.120 Minimum front PAMC 17.94.075 setback, alley access 10 feet PAMC 17.94.080 lot PAMC 17.94.120 Garage 20 feet entrance setback August 15, 2023 G - 20 Measurement Type Limit Reference and .Additional Provisions Minimum 15 feet rear setback Minimum rear setback, alley access 10 feet lot Minimum 5 feet side setback Minimum 5 feet side setback (alley) Detached Accessory Structure Requirements Minimum rear -3 0 feet from lot lines abutting an alley, except setback for accessory 10 feet 5 feet where a garage or carport entrance faces structures in the rear the alley. For small lot design standards, see one-third of the lot PAMC 17.21.010. Minimum side 3 feet from lot lines abutting an alley, except 5 setback for accessory 3 feet feet where a garage or carport entrance faces structures in the rear the alley. one-third of the lot Maximum building height, within required 30 feet, 2 stories primary structure setbacks Maximum building height, Not to exceed the outside required primary structure primary structure building height, 2 setbacks stories August 15, 2023 G - 21 17.10.080 - Design standards. See the following Code sections for applicable design standards: Detached small lot single -household dwellings: PAMC 17.21.010. 2. Accessory dwelling units: PAMC 17.21.020. 3. Cottage housing: PAMC 17.21.030. 4. Duplexes: PAMC 17.21.040. 5. Multifamily: Chapter 17.22 PAMC n nz��--��nnT2'.�n?4AA. CHAPTER 17.11 - R9, RESIDENTIAL, LOW DENSITY 17.11.050 - Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all development in the R9 zones: August 15, 2023 G - 22 Measurement Type Limit Reference and .Additional Provisions Density, n/a minimum net Density, n/a maximum net Maximum 30 feet building height In locations where stormwater runoff from structures, paved driveways, sidewalks, patios, Maximum and other surfaces is managed on -site, per the 60% requirements the Port Angeles Urban Services site coverage Standards and Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). Minimum 20 feet front setback Garage 20 feet entrance setback PAMC 17.94.075 Minimum rear setback 25 feet PAMC 17.94.080 PAMC 17.94.120 Minimum 7 feet side setback Minimum 13 feet side setback (street) August 15, 2023 G - 23 Measurement Type Limit Reference and .Additional Provisions Minimum feet side setback (alley) Detached Accessory Structure Requirements Minimum rear -3 0 feet from lot lines abutting an alley, except 5 setback for accessory 10 feet feet where a garage or carport entrance faces the structures in the rear alley. one-third of the lot Minimum side 3 feet from lot lines abutting an alley, except 5 setback for accessory 3 feet feet where a garage or carport entrance faces the structures in the rear alley. one-third of the lot Maximum building height, within required 30 feet, 2 stories primary structure setbacks Maximum Not to exceed the building height, outside required primary structure building height, 2 primary structure stories setbacks Maximum Not to exceed the building footprint primary structure building footprint August 15, 2023 G - 24 CHAPTER 17.12 - RI I, RESIDENTIAL, LOW DENSITY 17.12.050 - Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all development in the RI 1 zones: Measurement Type Limit efer�ence�and Additional Provisions: PAMC 17.94.020 Minimum lot area 9,000 sf PAMC 17.94.030 PAMC 17.94.175 Minimum lot 65 feet width/frontage Density, n/a minimum net Density, n/a maximum net Maximum 30 feet building height In locations where stormwater runoff from structures, paved driveways, sidewalks, patios, and other surfaces is managed on -site, per the Maximum requirements of the Port Angeles Urban site coverage 50% Services Standards and Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). August 15, 2023 G - 25 Measurement Type Limit Reference and .Additional Provisions: Minimum 20 feet front setback Garage 20 feet entrance setback Minimum 25 feet rear setback PAMC 17.94.075 PAMC 17.94.080 Minimum PAMC 17.94.120 side setback 7 feet Minimum 13 feet side setback (street) Minimum 7 feet side setback (alley) Detached Accessory Structure Requirements Minimum rear -3 0 feet from lot lines abutting an alley, except 5 setback for accessory 10 feet feet where a garage or carport entrance faces the structures in the rear alley. one-third of the lot Minimum side 3 feet from lot lines abutting an alley, except 5 setback for accessory 3 feet feet where a garage or carport entrance faces the structures in the rear alley. one-third of the lot August 15, 2023 G - 26 August 15, 2023 G - 27 CHAPTER 17.14 - RMD - RESIDENTIAL, MEDIUM DENSITY 17.14.050 - Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all development in the RMD zones: Measurement Type Limit Refer�ence�and Additional Provisions PAMC 17.94.020 Minimum lot area 3,500 sf PAMC 17.94.030 PAMC 17.94.175 Density, 8 units/acre minimum net Maximum 40 feet where all roof forms above 35 feet have a 35 feet building height minimum 3:12 roof pitch In locations where stormwater runoff from structures, driveways, sidewalks, patios, and other surfaces is managed on -site, per the requirements Maximum 75% of the Port Angeles Urban Services Standards and site coverage Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). Minimum 15 feet front setback August 15, 2023 G - 28 Measurement Type Limit Reference and .Additional Provisions Garage 20 feet entrance setback Minimum 15 feet rear setback PAMC 17.94.075 Minimum 5 feet PAMC 17.94.080 side setback PAMC 17.94.120 Minimum 5 feet side setback (street) Minimum 5 feet side setback (alley) Detached Accessory Structure Requirements Minimum rear 0 feet from lot lines abutting an alley, except 5 setback for accessory 5 feet feet where a garage or carport entrance faces the structures in the rear alley. one-third of the lot Minimum side setback for accessory 3 feet from lot lines abutting an alley, except 5 feet 5 feet structures in the rear where a garage or carport entrance faces the alley. one-third of the lot August 15, 2023 G - 29 CHAPTER 17.15 - RHD - RESIDENTIAL, HIGH DENSITY 17.15.050 - Area, dimensional, and density requirements. A. The following area, dimensional and density requirements apply to all development in the RHD zones: Measurement Type Limit Reference and Additional Provisions PAMC 17.94.020 Minimum lot area n/a PAMC 17.94.030 PAMC 17.94.175 Density, 10 units/acre minimum net Density, N/A maximum net Maximum 50 feet where all roof forms above 45 feet 45 feet building height have a minimum 3:12 roof pitch August 15, 2023 G - 30 In locations where stormwater runoff from structures, driveways, sidewalks, patios, and other surfaces is managed on -site, per the Maximum requirements of the Port Angeles Urban site coverage 75% Services Standards and Guidelines Manual Chapter 5, the project is exempt from site coverage calculations (see PAMC 17.94.135 for more information). Minimum 15 feet front setback Garage 20 feet entrance setback PAMC 17.94.075 Minimum 15 feet rear setback PAMC 17.94.080 Minimum side setback 5 feet PAMC 17.94.120 Minimum 5 feet side setback (street) Minimum 5 feet side setback (alley) Detached Accessory Structure Requirements Minimum rear -,20 feet from lot lines abutting an alley, setback for accessory 5 feet except 5 feet where a garage or carport structures in the rear one-third of the lot entrance faces the alley. Minimum side 3 feet from lot lines abutting an alley, except setback for accessory 5 feet 5 feet where a garage or carport entrance structures in the rear one-third of the lot faces the alley. A 25% height bonus is available if the Maximum Not to exceed the primary detached structure is within the building building height structure building height envelope required of a principal structure in the zone that the property is located. Maximum Not to exceed the primary building footprint structure building footprint August 15, 2023 G - 31 CHAPTER 17.21 - RESIDENTIAL INFILL DESIGN STANDARDS 17.21.020 - Accessory dwelling unit (ADU). A. Purpose. The purpose of an accessory dwelling unit is to: Add affordable units to existing housing and make housing units available to people who might otherwise have difficulty finding homes within the City. 2. Promote the development of additional housing options in residential neighborhoods that are appropriate for people at a variety of stages of their lives. 3. Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit or the principal residence, rental income, companionship, or security. 4. Protect neighborhood stability, property values, and the character of the neighborhood. B. Standards. An ADU, in any zone, must comply with the following development standards: 1. Impact Fees. The City may not assess impact fees on the construction of ADUs that are greater than 50 percent of the impact fees that would be imposed on the principal unit. 2. Residencv ofLot Owner. The owner of a lot on which there is an ADU is not required to reside in or occupy the ADU or another housing unit on the same lot. 3. Density. At least two ADUs are bermitted on all lots that are located in all zoning districts within the City that allow for single -household dwellings in the following configurations: onfigurations: (i) One attached ADU and one detached ADU; (ii) Two attached ADUs, or (iii) Two detached ADUs, which may be comprised of either one or two detached structures, 4. Minimum Lot Size. An ADU is permitted on any lot that meets the minimum lot size required for the principal dwelling unit. 5. Maximum Gross Floor Area. The maximum gross floor area requirement for ADUs is 1,000 square feet or 50 percent of the average gross floor area of all other dwelling units on the lot, not including a detached garage and/or a detached accessory building„ whichever is larger. August 15, 2023 G - 32 6. Conversion o Existing Structures. ADUs may be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage. 7. Scale and visual subordination. The ADU must be visually subordinate to the primary unit. If the ADU is located within an existing residence, there can only be one main entrance located on the primary street -facing facade of the single -household residential structure, unless the residence contained additional entrances before the ADU was proposed. Detached ADU's and entrances that do not have access from the ground, such as an entrance from a balcony or deck, are exempt from this standard. 8. Addressing. A separate address must be created for the ADU. 9. Conve ay nce of Condominium Unit. The sale or other conveyance of a condominium unit independently of a principal unit is not prohibited based solely on the grounds that the condominium unit was originally _ built as an ADU. 10. Public Street Improvements. Public street improvements will not be required as a condition of permitting ADUs. - - -- - - -- ----- _ ------a - ---- -- ---- - -- - ------ ---a - --- ---- a- -- a- - --_ - - --- ---- btii ding 800 sqtiar-e feet, wt,iehe. o is large, August 15, 2023 G - 33 12. Environmental Exemptions. The provisions of this section do not apply to lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to a watershed serving a reservoir for potable water if that watershed is or was listed, as of the effective date of this section, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1313(d)). 17.21.OXX — Park Model Alternative. B. 120,441� 4.-4' 44- xi*g. fiilv. A Park Model meeting the requirements of WAC 296-150P may be placed on a lot in place of a detached ADU in all zones where ADUs are an allowed accessory use when the following development standards are met. 1. Configuration. A Park Model may be used as an accessory use in conjunction with a primary structure housing a primary single -household dwelling or duplex. 2. Density. Only one Park Model may be placed in conjunction with each single -household dwelling or duplex. The Park Model must be located on the same zoning lot as the primary structure. A Park Model which conforms to the standards in this chapter shall not be considered to exceed the allowable density for the lot upon which it is located and shall be considered a residential use which is consistent with the comprehensive plan and zoning designation for the lot. August 15, 2023 G - 34 3. Minimum lot size. A Park Model must not be established on any parcel smaller than 3,500 square feet. 4. Setbacks, height, and site coverage. Park Models must comply with all dimensional standards including the site coverage, height, and setback requirements of the zone. 5. Scale and visual subordination. The Park Model must be visually subordinate to the primary unit. There can only be one main entrance located on the primary street facing lot line. 6. Parking. The off-street parking requirements set forth in Chapter 14.40 must be provided and maintained for the primary dwelling. No additional parking is required for a Park Model. 7. Addressing. A separate address must be created for the Park Model: 8. Utility Connection. A Park Model must have a permitted and permanent connection to all applicable municipal utilities. 9. Anchoring Standards. A Park Model placed on a lot must comply with the standards of ANSI 225.1. August 15, 2023 G - 35 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 , 2023. Kate Dexter, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Kari Martinez -Bailey, City Clerk August 15, 2023 G - 36 �U P-QUANGELES CITY COUNCIL uiGu �rrtrti �u�,u,' WASH I N G T O N, U.S. MEMO Date: August 15, 2023 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Second Amendment to the 2023 Budget Summary: The 2023 Budget is being amended for the second time to reflect changes in revenues and expenditures that have occurred during the second quarter of 2023. This budget amendment primarily includes capital adjustments resulting from the adoption of the 2024-2029 Capital Facilities Plan to ensure consistency with the Budget. This is the second reading of the ordinance. Since the first reading, there have been no changes to the amendment. As this budget amendment includes new revenues as well as an authorization to use funds from reserves, the ordinance must be approved by a super -majority of the entire Council, or at least five (5) affirmative votes. Funding: Please see the detailed summary attached to this memo. Recommendation: Adopt the 2023 Budget Amendment 92 ordinance. Background / Analysis: The 2023 Budget is being amended for the second time, primarily to bring the budget into alignment with the recently adopted 2024-2029 Capital Facilities Plan (CFP), as well as adjust revenues and expenditures that have been approved by Council at previous meetings in the first half of the year, or that require minor accounting corrections. Attached is a detailed list of proposed budget changes, the budget amendment ordinance, including the Exhibit A which lists total revenues and expenditures by fund for the 2023 Budget Amendment 91 and proposed Amendment 92 for comparison. Since many of the individual actions require funding to come from reserves (money unspent at the end of the fiscal year automatically rolls into reserves/fund balance), approval of the ordinance will require a super majority of the entire Council, or five (5) affirmative votes. Tonight's meeting will include the second reading of the budget amendment ordinance. Since the first reading, there have been no changes to the amendment. Funding Overview: Please see the "Detailed list of proposed budget changes" attachment to this memo for a full listing of all funding changes. Attached: Detailed list of proposed budget changes 2023 Budget Ordinance — Amendment 92 Exhibit A August 15, 2023 G - 37 CDBG Loan Funding for Fagade Program 50,000 - 001-4071-397-10-99 CDBG Program Income Funding CDBG Loan Funding for Fagade Program - 50,000 001-4071-558-49-91 CDBG Program Income Funding Crimina/Justice Grantfor Wellness Program - 1,700 001-5022-521-41-50 Grant Crimina/Justice Grantfor Wellness Program 1,700 - 001-5022-334-01-10 Grant FD0415 - FD TURNOUT GEAR - 6,500 001-6012-597-59-91 Reprioritized in CFP GG1113- FACILITY SECURITY PROJECTS 30,000 001-8080-597-59-91 Reprioritized in CFP PK0719- PARKS MAINTENANCE BUILDING 100 001-8080-597-59-91 Reprioritized in CFP PK0418-CIVIC FIELD UPDATES 11,000 001-8080-597-59-91 Reprioritized in CFP PK0320-HVAC UPGRADES AT CITY FACILITIES 150,000 001-8080-597-59-91 Reprioritized in CFP PK0122 - ERICKSON PLAYFIELD TENNIS COURT IMPROVEMEN 10,000 001-8080-597-59-91 Reprioritized in CFP 000119 - Ennis Creek Fish Barrier 45,000 001-7012-597-59-91 Reprioritized in CFP TRO821 - Facility Assessment 1,000 001-7012-597-59-91 Reprioritized in CFP TR1120- Complete Streets Revolving Fund - 100,000 001-7012-597-59-91 Reprioritized in CFP TOTAL GENERAL FUND 51,700 405,300 Community Forestry Assistance Grant 13,100 101-1430-557-41-50 Approved by Council 6/20/23 Crab Festival Carry Over from 2022 4,900 101-1430-557-41-50 Carryover from 2022 TOTAL LODGING TAX FUND 18,000 Sand/Salt Storage Building 62,000 102-7230-542-31-20 TOTAL STREET FUND 62,000 TRO619-RACE STREET COMPLETE CONSTRUCTION PHASEH 100,000 105-7840-597.59-91 Reprioritized in CFP PK0819- CITY PIER RAILING REPLACEMENT 233,000 105-7840-597.59-91 Reprioritized in CFP TOTAL REET 1 FUND 333,000 EOC1911 Center Funding (1,000,000) - 107-5160-337.10-20 Reprioritized in the CFP PDO121 - EOC1911 DISPATCH CENTER - (1,000,000) 107-5160-597.59-91 Reprioritized in CFP PD0123; PENCOM ROIP PROJECT Funding 430,000 - 107-5160-337.10-20 Council Approved 6/6/23 PD0123; PENCOM ROIP PROJECT - 430,000 107-5160-597-59-91 Council Approved 6/6/23 TOTAL PENCOM FUND (570.0001 (570.0001 TR0222 - FIRST/FRONT PEDESTRIAN ENHANCEMENTS 20,000 160-7841-597-59-91 Reprioritized in CFP TRO115-NStreet Chip Seal 500,000 160-7841-597-59-91 Reprioritized in CFP TOTAL REET 11 FUND 520,000 Facade Program Funding 50,000 172-4130-597-59-99 CDBG Program Income Funding TOTAL AFFORDABLE HOUSING FUND 50,000 TR1215 - CITY HALL EAST PARKING LOT LID (1,700) 406-7412-597-59-91 Reprioritized in CFP TOTAL STORMWATER FUND (1,700) FDO415 - Emergency Management Pods - 3,000 409-6025-597-59-91 Reprioritized in CFP GEMTSettlement 25,000 - 409-6025-332-93-40 Emergency Response Kits 25,000 409-6025-594-64-10 TOTAL MEDIC 1 FUND 25,000 28,000 August 15, 2023 G - 38 WASPC Grantfor Police Body Cameras 40,000 - 310-5950-334-01-20 Council Approved6/20/23 PD0223; Police Body Worn Cameras - 40,000 310-5950-594-65-10 Council Approved 6/20/23 PD0123; PENCOM ROIP PROJECT Tranfer 430,000 - 310-5950-597-10-91 Council Approved 6/6/23 PD0123; PENCOM ROIP PROJECT - 430,000 310-5950-594-65-10 Council Approved 6/6/23 FDO315 - FIRE STATION GARAGE DOOR REPLACEMENT (50,000) 310-5950-594-65-10 Reprioritized in CFP FDO318- EMERGENCY MGMTPODS - 87,800 310-5950-594-65-10 Reprioritized in CFP FDO318- EMERGENCY MGMTPODS 25,500 - 310-5950-397-10-91 Reprioritized in CFP FD0415-TURN OUT GEAR 6,500 - 310-5950-397-10-91 Reprioritized in CFP FDO615-FDFIRE HOSES - 9,000 310-5950-594-65-10 Reprioritized in CFP PDO116- MOBILE DATA TRANSMISSION REPLACEMENTS 23,600 310-5950-594-65-10 Reprioritized in CFP PDO120- POLICE TASERREPLACEMENTS (8,000) 310-5950-594-65-10 Reprioritized in CFP PDO121 - EOC1911 DISPATCH (PENCOM CENTER) 310-5950-594-65-10 Reprioritized in CFP PDO121 - EOC1911 DISPATCH CENTER (1,000,000) 310-5950-397-10-91 Reprioritized in CFP PDO121 - EOC1911 DISPATCH CENTER 1,000,000 310-5950-333.97-06 Reprioritized in CFP PD0307- POLICE REGIONAL TRAINING & GUN RANGE FACI - 27,900 310-5950-594-65-10 Reprioritized in CFP 000119- ENNIS CREEK FISH BARRIER REMOVAL (300,000) 310-7910-594-65-10 Reprioritized in CFP GG1113-FACILITYSECURITYPROJECTS - 288,600 310-8985-594-65-10 Reprioritized in CFP 000119 - ENNIS CREEK FISH BARRIER REMOVAL 45,000 - 310-7910-397-10-91 Reprioritized in CFP 000416- CITY HALL FIRE DETECTION - (75,000) 310-8985-594-65-10 Reprioritized in CFP 000516- SENIOR CENTER FIRE DETECTION SYSTEM (50,000) 310-8985-594-65-10 Reprioritized in CFP PK0205-RESTROOMREPLACEMENT PROGRAM (37,800) 310-8985-594-65-10 Reprioritized in CFP PK0216- FACILITY IMPROVEMENT REVOLVING FUND 10,100 310-8985-594-65-10 Reprioritized in CFP PK0418-CIVIC FIELD UPDATES - 22,000 310-8985-594-65-10 Reprioritized in CFP PK0418-CIVIC FIELD UPDATES 11,000 - 310-8985-397-10-91 Reprioritized in CFP PK0819- CITY PIER RAILING REPLACEMENT - 798,000 310-8985-594-65-10 Reprioritized in CFP PK0220- SYNTHETIC FIELD TURF ATVOLUNTEER FIELD - 714,000 310-8985-594-65-10 Reprioritized in CFP PK0220- SYNTHETIC FIELD TURF ATVOLUNTEER FIELD 300,000 - 310-8985-334-02-70 Reprioritized in CFP PK0220- SYNTHETIC FIELD TURF ATVOLUNTEER FIELD 350,000 - 310-8985-367-11-00 Reprioritized in CFP PK0519- CITY PIER EROSION STABILIZATION&SIDEWALK - 354,600 310-8985-594-65-10 Reprioritized in CFP PK0320-HVAC UPGRADES A T CITY FACILITIES - 150,000 310-8985-594-65-10 Reprioritized in CFP PK0320-HVAC UPGRADES A T CITY FACILITIES 150,000 - 310-8985-397-10-91 Reprioritized in CFP PK0122 - ERICKSON PLAYFIELD TENNIS COURT IMPROVEMEN - 220,000 310-8985-594-65-10 Reprioritized in CFP PK0122 - ERICKSON PLAYFIELD TENNIS COURT IMPROVEMEN 200,000 - 310-8985-334-02-70 Reprioritized in CFP PK0122 - ERICKSON PLAYFIELD TENNIS COURT IMPROVEMEN 10,000 - 310-8985-367-11-00 Reprioritized in CFP PK0123 -ELKS PICKLEBALL COURT IMPROVEMENTS - 30,000 310-8985-594-65-10 Reprioritized in CFP PK0123 -ELKS PICKLEBALL COURT IMPROVEMENTS 30,000 - 310-8985-367-11-00 Reprioritized in CFP PK0719- PARKS MAINTENANCE BUILDING 100 310-8985-397-10-91 Reprioritized in CFP PK0819- CITY PIER RAILING REPLACEMENT 233,000 310-8985-397-10-91 Reprioritized in CFP TOTAL GOVERNMENT CAPITAL FUND 1,831,100 2,684,800 August 15, 2023 G - 39 TRO909 WA YFINDING SIGNA GE (159,400) 312-4160-595-65-10 Reprioritized in CFP TRO101 - LAUREL STREET STAIRS REPLACEMENT (100,000) 312-7930-595-65-10 Reprioritized in CFP TRO115 - N STREET CHIP SEAL 5TH TO 18TH STREETS - 50,000 312-7930-595-65-10 Reprioritized in CFP TRO115 - N STREET CHIP SEAL 5TH TO 18TH STREETS 500,000 - 312-7930-397-10-91 Reprioritized in CFP TR0117- LIBERTY STREET RECONSTRUCTION - (15,000) 312-7930-595-65-10 Reprioritized in CFP TRO120-SIGNAL CONTROLLER UPGRADES 1ST/FRONT - 204,700 312-7930-595-65-10 Reprioritized in CFP TRO120-SIGNAL CONTROLLER UPGRADES 1ST/FRONT 184,700 - 312-7930-333-20-20 Reprioritized in CFP TRO122 - FIRST/FRONT PAVING (LINCOLN TO TUMWATER) - (100,000) 312-7930-595-65-10 Reprioritized in CFP TR0316 - 8TH STREET CHIP SEAL (A TO 1 STREETS) 50,000 312-7930-595-65-10 Reprioritized in CFP TR0405- ALLEY PAVINGREVOLVING FUNDING 394,900 312-7930-595-65-10 Reprioritized in CFP TR0518 -1 STREET CHIP SEAL (5TH TO 16TH STREETS) 50,000 312-7930-595-65-10 Reprioritized in CFP TRO618- STEVENS MIDDLE SCHOOL WALKING ROUTES (15,000) 312-7930-595-65-10 Reprioritized in CFP TRO621 - WATERFRONT TRAIL REPAIRS 20,400 312-7930-595-65-10 Reprioritized in CFP TRO715 - 16TH ST LID (C-L) - 20,400 312-7930-595-65-10 Reprioritized in CFP TRO715 - 16TH ST LID (C-L) 20,400 - 312-7930-334-03-10 Reprioritized in CFP TRO821 FACILITY ASSESSMENT - 1,000 312-7930-595-65-10 Reprioritized in CFP TRO821 FACILITY ASSESSMENT 1,000 - 312-7930-397-10-91 Reprioritized in CFP TRO919- TRAFFIC SAFETY CAMERA PROGRAM - (35,000) 312-7930-595-65-10 Reprioritized in CFP TR1118- REVOLVING STREET IMPROVEMENTS 90,000 312-7930-595-65-10 Reprioritized in CFP TR1215 - CITYHALL PARKING LOT LID (5,400) 312-7930-595-65-10 Reprioritized in CFP TR1399-TRAFFICSIGNALINTERCONNECT/PREEMPTION 33,300 312-7930-595-65-10 Reprioritized in CFP TR1799-TRUCKROUTEATHWY101INTERSECTION 4,200 312-7930-595-65-10 Reprioritized in CFP TR0414-PEABODYCREEK/LINCOLNSTREET CULVERTREPAIR 350,300 312-7930-595-65-10 Reprioritized in CFP TRO119 - 8TH STREET PAVING (LINCOLN TO A STREETS) 30,000 312-7930-595-65-10 Reprioritized in CFP TRO114-HILL STREET- OLYMPICDISCOVERYTRAIL - 6,900 312-7930-595-65-10 Reprioritized in CFP TRO114-HILL STREET- OLYMPICDISCOVERYTRAIL 6,900 - 312-7930-331-20-20 Reprioritized in CFP TR0209 - RACESTREET COMPLETION DESIGN & CONSTRUCTIC - 4,608,700 312-7930-595-65-10 Reprioritized in CFP TR0209 - RACESTREET COMPLETION DESIGN & CONSTRUCTIC 2,137,600 - 312-7930-331-20-20 Reprioritized in CFP TR0222 - FIRST/FRONT PEDESTRIAN ENHANCEMENTS - 220,000 312-7930-595-65-10 Reprioritized in CFP TR0222 - FIRST/FRONT PEDESTRIAN ENHANCEMENTS 20,000 - 312-7930-397-10-91 Reprioritized in CFP TR0222 - FIRST/FRONT PEDESTRIAN ENHANCEMENTS 100,000 - 312-7930-331-20-20 Reprioritized in CFP TRO619- RACESTREET COMPLETE CONSTRUCTION PHASE II - 250,000 312-7930-595-65-10 Reprioritized in CFP TRO619- RACESTREET COMPLETE CONSTRUCTION PHASE II 100,000 - 312-7930-397-10-91 Reprioritized in CFP TRO619- RACESTREET COMPLETE CONSTRUCTION PHASE II 150,000 312-7930-331-20-20 Reprioritized in CFP TRO918-DOWNTOWN TREE& SIDEWALK REPLACEMENT 300,000 312-7930-397-10-91 Reprioritized in CFP TR1215 - CITYHALL EAST PARKING LOT LID (1,700) 312-7930-397-10-91 Reprioritized in CFP TR1120- Complete Streets Revolovinq Fund 100,000 312-7930-397-10-91 Reprioritized in CFP TOTAL TBD CAPITAL FUND 3,618,900 5,955,000 CL0117-WASHINGTONSTREET SUBSTATION SWITCHGEAR (480,000) 451-7188-594-65-10 Reprioritized in CFP CL0414 - CONSTRUCT NEW LIGHT OPS BUILDING (2,969,900) 451-7188-594-65-10 Reprioritized in CFP CL0217-1STREETSUBSTATION SWITCHGEARREPLACEMENT 370,000 451-7188-594-65-10 Reprioritized in CFP TOTAL ELECTRIC CAPITAL FUND (3,079,900) WT0121 WHITE CREEK & 3RD ST CROSSING MAIN (400,000) 452-7388-594-65-10 WT0221 RACE STREEET WATER MAIN REPLACEMENT SOUTH 590,000 452-7388-594-65-10 WT0222 - ELWHA-EFFLUENT DISTRIBTN STRUCTURE BYPASS 147,000 452-7388-594-65-10 WT0319 GROUND WATER RESILIENCY PROGRAM (475,000) 452-7388-594-65-10 WT0321 FACILITY ASSESSMENT 1,000 452-7388-594-65-10 WT0419 - DECANT FACILITYAT TRANSFER STATION (757,400) 452-7388-594-65-10 WT0420 ENNIS CREEK WATER MAIN RELOCATE (220,000) 452-7388-594-65-10 WT0421 - RACE ST WATER MAIN REPLACEMENT NORTH (125,000) 452-7388-594-65-10 WT0422 - ELWHA-TEMP DIVERSION PUMPING FACILITY (100,000) 452-7388-594-65-10 WT0519 WATER TREATMENT PLANT REPAIRS 102,000 452-7388-594-65-10 WT0612 - 3RD & VINE STREET MAIN (403,200) 452-7388-594-65-10 WT0619 PEABODY RESERVOIR INLET PIPE REPLACEMENT 7,400 452-7388-594-65-10 WT0218 - RESERVOOR INSTRUMENTATION UPGRADES 280,400 452-7388-594-65-10 WT0122 - ELWHA-FISH SCREEN FACILITY IMPROVEMENTS 349,000 452-7388-594-65-10 WT0123 -11TH STREET ROW TUMWATER CREEK CROSSING 60,000 452-7388-594-65-10 WT0223 -14TH STREET ROW TUMWATER CREEK CROSSING 60,000 452-7388-594-65-10 TOTAL WATER CAPITAL FUND (883,800) Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP Reprioritized in CFP August 15, 2023 G - 40 WWO121 FACILITY ASSESSMENT 1,000 453-7488-594-65-10 Reprioritized in CFP WWO122 ANAEROBIC DIGESTER ROOF IMPROVEMENTS (93,600) 453-7488-594-65-10 Reprioritized in CFP WWO220 - WEST 4 ST CAPACITY IMPROVEMENT 1,120,900 453-7488-594-65-10 Reprioritized in CFP WWO320-WWTPSEPTIC TRUCK PAD REPAIR 2,000 453-7488-594-65-10 Reprioritized in CFP WWO419 - WWTP HVAC REPLACEMENT 10,900 453-7488-594-65-10 Reprioritized in CFP WWO420 WWTP POTABLE WATER AIR -GAP 33,200 453-7488-594-65-10 Reprioritized in CFP WWO519 - DECANT FACILITYAT TRANSFER STATION (757,400) 453-7488-594-65-10 Reprioritized in CFP WW0520 SANITARY FORCE MAIN RELOCATE (LEES CREEK) (220,000) 453-7488-594-65-10 Reprioritized in CFP WWO319 - WASTEWATER COMPREHENSIVE PLAN 13,300 453-7488-594-65-10 Reprioritized in CFP Transfer to CSO for CFP Projects 818,000 453-7488-597-59-91 Reprioritized in CFP TOTAL WASTEWATER CAPITAL FUND 928.300 SWO112 -DECANT FACILITYAT TRANSFER STATION (597,100) 454-7588-594-65-10 Reprioritized in CFP SW0120- LANDFILL PUMPSTATION17REPAIR (280,000) 454-7588-594-65-10 Reprioritized in CFP SWO121- LANDFILL ACCESS ROAD REPAIR (577,000) 454-7588-594-65-10 Reprioritized in CFP SWO122- LANDFILL AUTOMATED FACILITY GATE 10,000 454-7588-594-65-10 Reprioritized in CFP SWO221 FACILITY ASSESSMENT 1,000 454-7588-594-65-10 Reprioritized in CFP TOTAL SOLID WASTE CAPITAL FUND (1,443,100) DR0120- DECANT FACILITYAT TRANSFER STATION (957,400) 456-7688-594-65-10 Reprioritized in CFP DR0121 FACILITY ASSESSMENT 1,000 456-7688-594-65-10 Reprioritized in CFP DR0213-HSTREET OUTFALLIMPROVEMENTS (544,000) 456-7688-594-65-10 Reprioritized in CFP DR0215-FRANCISSTREET OUTFALLREPAIR (50,000)456-7688-594-65-10 Reprioritized in CFP DR0322 PARKA VE. OUTFALL TO PEABODY CREEK (252,000) 456-7688-594-65-10 Reprioritized in CFP DR0404-STORMWATER ATCANYON EDGE &AHLVERS (292,100) 456-7688-594-65-10 Reprioritized in CFP DR0804-LINCOLNPARK/BIG BOY POND STUDY (14,000)456-7688-594-65-10 Reprioritized in CFP TOTAL STORMWATER CAPITAL FUND (2,108,500) WWO117 FRANCIS STREET PIGGING BYPASS (190,000) 463-7489-594-65-10 Reprioritized in CFP WWO120-PUMP STATION #3 FORCE MAIN REPLACEMENT 1,842,000 463-7489-594-65-10 Reprioritized in CFP WW0316 CSO 6 AND 7 RECONSTRUCTION (150,000) 463-7489-594-65-10 Reprioritized in CFP WW1122 - 2022 NEIGHBORHOOD SEWER REHAB - 40,000 463-7489-594-65-10 Reprioritized in CFP Transfer from Wastewater Capital for CFP Projects 818,000 - 463-7489-397-10-91 Reprioritized in CFP TOTAL CSO CAPITAL FUND 818,000 1,542,000 #3-PIERCE PUMPER 155,000 501-7630-594-64-10 Reprioritized in CFP #4328- GMC SIERRA 3500 FLA T BED 40,000 501-7630-594-64-10 Reprioritized in CFP #194 GMCSONOMA PICK-UP 39,900 501-7630-594-64-10 Reprioritized in CFP #2210 DODGE CHARGER 25,000 501-7630-594-64-10 Reprioritized in CFP #2211 DODGE CHARGER 25,000 501-7630-594-64-10 Reprioritized in CFP #2212 DODGE CHARGER 25,000 501-7630-594-64-10 Reprioritized in CFP #1211 FORD CROWN VICTORIA 28,100 501-7630-594-64-10 Reprioritized in CFP #5107 FORD CROWN VICTORIA 28,100 501-7630-594-64-10 Reprioritized in CFP #1210 FORD CROWN VICTORIA 28,000 501-7630-594-64-10 Reprioritized in CFP #1211 FORD CROWN VICTORIA 81,600 501-7630-594-64-10 Reprioritized in CFP #2020 2021 FORD EXPLORER 4X4 47,200 501-7630-594-64-10 Reprioritized in CFP #1887 FORD F450 FLATBED/SNOW PLOW 82,300 501-7630-594-64-10 Reprioritized in CFP #1568 FREIGHTLINER W/PATCH BOX 255,300 501-7630-594-64-10 Reprioritized in CFP #1950 FREIGHTLINER/VERSALIFT MANIFT 275,600 501-7630-594-64-10 Reprioritized in CFP #148CATERPILLAR FORKLIFT 31,500 501-7630-594-64-10 Reprioritized in CFP #6702 GMC CANYON PICK UP 39,500 501-7630-594-64-10 Reprioritized in CFP #1756 JOHN DEERE BACKHOE LOADER 131,400 501-7630-594-64-10 Reprioritized in CFP #1616 FORD F350 SERVICE TRUCK 68,300 501-7630-594-64-10 Reprioritized in CFP #1240 FREIGHTLINER AIR SWEEPER 375,000 501-7630-594-64-10 Reprioritized in CFP HERB SPRAYATTACHMENT 9,500 501-7630-594-64-10 Reprioritized in CFP #1945 FORD RANGER PICKUP 42,100 501-7630-594-64-10 Reprioritized in CFP #2184 ECOSTACK503W CONVEYOR 32,100 501-7630-594-64-10 Reprioritized in CFP #2180 CAT 950 WHEEL LOADER 403,700 501-7630-594-64-10 Reprioritized in CFP #2190 HYSTER FORKLIFT H60FT 34,700 501-7630-594-64-10 Reprioritized in CFP #1569 CATERPILLAR WHL LOADER 30,000 501-7630-594-64-10 Reprioritized in CFP #2290 FORD F550 SERVICE TRUCK 176,700 501-7630-594-64-10 Reprioritized in CFP #15981ntersol Rand Compressor (26,800) 501-7630-594-64-10 Reprioritized in CFP TOTAL EQUIPMENT SERVICES FUND 2.483.800 IT0617 EXECUTIME SCHEDULING MODULE (30,000) 502-2082-594-65-10 Reprioritized in CFP IT0816 FACILITY CLASS SCHEDULING SOFTWARE (10,000) 502-2082-594-65-10 Reprioritized in CFP IT0716 - ERP ROAD MAP & REPLACEMENT 2,380,400 502-2082-594-65-10 Reprioritized in CFP IT0514 DATA STORAGE ARRAY SYSTEMS 64,000 502-2082-594-65-10 Reprioritized in CFP TOTAL IT FUND 2,404,400 August 15, 2023 G - 41 -1- ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending the City's 2023 budget for the second time. WHEREAS, the Annual Budget of the City of Port Angeles for the year 2023, was adopted, approved and confirmed on December 6, 2022, in Ordinance No. 3705; and WHEREAS on April 18, 2023, the first 2023 budget amendment was adopted, approved and confirmed by Ordinance No. 3712; and WHEREAS, now there exists an emergency that could not reasonably have been foreseen when the 2023 budget or the first amendment to it were adopted. NOW, THEREFORE, the City Council of the City of Port Angeles, Washington, do ordain as follows: Section 1. The Council finds and declares: A. There exists an emergency that could not reasonably have been foreseen when the 2023 budget or the first amendment to it were adopted. The facts constituting the emergency include, but are not limited to: 1. Unanticipated additional revenue; and 2. Unanticipated reduced revenue; and. 3. Unanticipated additional and reduced expenditures primarily for changes in planned capital expenditures as previously authorized by Council. B. These facts require amendments to the adopted budget in order to meet the expenses of government of the City for the fiscal year ending December 31, 2023. Section 2. On the basis of the foregoing findings, pursuant to RCW 35A.33.090, the City Council declares that an emergency exists. August 15, 2023 G - 42 -2- Section 3. To respond to the budget emergency, the 2023 budget appropriation for each separate fund as set forth in Ordinance No.3686, is amended as shown in the attached Exhibit a Section 4. The City Clerk and the codifiers of this ordinance are authorized to correct scrivener's errors, references, ordinance numbering, section and subsection numbers and any references thereto. Section 5. This Ordinance exercises authority granted exclusively to the City Council and is not subject to referendum. It shall be in force and take effect 5 (five) days after publication according to law. PASSED by the City Council of the City of Port Angeles by a vote of one more than the majority of all members of the legislative body at a regular meeting of said Council on the 15t' day of August, 2023. ATTEST: Kari Martinez -Bailey, City Clerk PUBLISHED: By Summary Kate Dexter, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney August 15, 2023 G - 43 CITY of PORT ANGELES 2023 Budget Ordinance - Amendment #2 Exhibit A Funds Fund IDiv. I Name/Description -NERAL FUND (Note: Divisional totals for reference only) Fund Balance: 001. 1160 City Council 001. 1210 City Manager 001. 1211 Customer Commitment 001. 1220 Human Resources 001. 1230 City Clerk 001. 2001 Finance -Revenue 001. 2020 Finance Administration 001. 2023 Accounting 001. 2025 Customer Service 001. 2070 Reprographics 001. 3030 City Attorney 001. 3012 Jail Contributions 001. 4060 Planning 001. 4050 Building 001. 4071 Economic Development 001. 5010 Police Administration 001. 5012 Pen Co m/Capital Transfers 001. 5021 Police Investigation 001. 5022 Police Patrol 001. 5026 Police Reserves & Volunteers 001. 5029 Police Records 001. 5050 Police Facilities Maintenance 001. 6010 Fire Administration 001. 6012 Pen Com/Medic 1 Support 001. 6020 Fire Suppression 001. 6030 Fire Prevention 001. 6045 Fire Training 001. 6050 Fire Facilities Maintenance 001. 7010 Public Works Administration 001. 7012 Public Works ClP 001. 7032 Public Works Telecommunications 001. 8010 Parks Administration 001. 8012 Senior Center 001. 8050 Ocean View Cemetery 001. 8080 Park Facilities 001. 8112 Senior Center Facilities 001. 8131 Central Services Facilities 001. 8155 Facility Rentals 001. 8221 Sports Programs 001. 9029 General Unspecified 001 TOTAL General Fund 2023 Budget Amendment #1 Beginning Revenue Expenditures Ending Balance - Est. Balance -Est. 6,703,665 5,694,165 40,700 71,800 343,300 674,800 2,500 104,300 304,300 131,500 294,800 15,180,800 155,100 971,400 802,000 1,101,000 1,329,100 1,283,200 37,900 46,600 217,200 595,300 1,041,100 430,800 792,600 674,200 268,500 71,900 1,000 653,600 370,100 703,800 2,700 1,196,300 835,400 4,309,300 10,100 12,200 484,400 16,300 8,600 64,200 246,300 372,400 ,546,600 9,600 115,500 3,000 119,600 61,100 1,241,400 2,545,100 15,000 32,800 32,800 295,900 29,500 168,500 135,000 194,800 2,239,200 60,400 470,200 496,600 72,000 125,300 132,300 395,500 494,000 6,703,665 23,137,800 24,147,300 5,694, 165 2023 Budget Amendment #2 Beginning Revenue Expenditures Ending Balance Ba lance - Est. 6,703,665 5,340,565 40,700 71,800 343,300 674,800 2,500 104,300 304,300 131,500 294,800 15,180,800 155,100 971,400 802,000 1,101,000 1,329,100 1,283,200 37,900 46,600 217,200 595,300 1,041,100 430,800 792,600 674,200 268,500 50,000.00 121,900 1,000 653,600 370,100 703,800 2,700 1,196,300 837,100 4,311,000 10,100 12,200 484,400 16,300 8,600 64,200 246,300 378,900 1,546,600 9,600 115,500 3,000 119,600 61,100 1,241,400 2,545,100 161,000 32,800 32,800 295,900 29,500 168,500 135,000 194,800 2,440,300 60,400 470,200 496,600 72,000 125,300 132,300 395,500 494,000 6,723,372 23,189,500 24,552,600 5,340,565 August 15, 2023 G - 44 CITY of PORT ANGELES 2023 Budget Ordinance - Amendment #2 Exhibit A S1 'ECIAL REVENUE FUNDS 101 Lodging Excise Tax Fund 102 Street Fund 105 Real Estate Excise Tax-1(REET-1) Fund 107 PenCom Fund 160 Real Estate Excise Tax-2 (REET-2) Fund 165 Business Improvement Area 172 Port Angeles Housing Rehab. Fund 175 Code Compliance Fund TOTAL Special Revenue Funds 845,639 764,100 879,100 730,639 483,748 1,928,600 2,039,500 372,848 999,051 321,800 567,600 753,251 1,627,522 4,314,200 4,937,200 1,004,522 679,527 320,100 556,300 443,327 76,355 35,000 - 111,355 1,500,240 1,155,700 612,600 2,043,340 39,421 261,9 2900 39,421 6,251,503 9, 101,40000 9,856114,200 5,498,703 0 764,100 897,100 1,174,750 1,928,600 2,101,500 393,486 6 321,800 900,600 503,276 2 3,744,200 4,367,200 1,447,242 E 320,100 1,076,300 17,523 1 35,000 - 99,671 0 1,155,700 662,600 2,335,720 5 261,900 261,900 16281 1 8,531,400 10,267,200 6,027,951 Funds 2023 Budget Amendment #1 2023 Budget Amendment #2 Fund IDiv. I Name/Description Beginning Revenue Expenditures Ending Beginning Revenue Expenditures Ending Balance - Est. Balance - Est. Balance I Balance - Est. DEBT SERVICE FUNDS 216 2014 LTGO Bond (Landfill Bluff Stabilization) Fund 182,963 604,300 600,800 186,463 156,692 604,300 600,800 160,192 217 2015 LTGO Bond - Refunding (W.U.G.A.) 15,153 232,900 232,200 15,853 14,775 232,900 232,200 15,475 TOTAL Debt Service Funds 198,116 837,200 833,000 202,316 171,467 837,200 833,000 175,667 ENTERPRISE / UTILITY FUNDS 401 Electric Utility Fund 402 Water Utility Fund 403 Wastewater Utility Fund 404 Solid Waste Utility Fund 406 Stormwater Utility Fund 409 Medic 1 Utility Fund 413 Harbor Clean-up Fund 421 Conservation Fund I WHL ❑merpnse 7 uuory Funas INFERNAL SERVICE FUNDS 501 Equipment Services 502 Information Technology 503 Self -Insurance TOTAL Internal Service Funds FIDUCIARY FUNDS 12,319,957 28,876,200 27,578,500 13,617,657 14,020,671 7,447,300 9,408,500 12,059,471 3,029,913 7,685,900 8,421,200 2,294,613 1,137,072 12,449,600 12,880,700 705,972 2,181,687 2,768,400 3,214,400 1,735,687 961,954 3,785,500 3,828,200 919,254 (1.52, 6(, 77) 2,050,600 2,050,600 2, 6(,77) 583,852 311000 347,500 584,352 34,082,739 65,411,500 67,729,600 31,764,639 2,790,602 2,413,600 2,458,900 2,745,302 929,455 2:336,700 2,412,400 853,758 706,778 6,346,500 6,346,500 706,778 4,426,838 11,096,800 11,217,800 4,305,838 11,855,385 28,876,200 27,578,500 13,153,085 13,606,411 7,447,300 9,408,500 11,645,211 3,109,707 7,685,900 8,421,200 2,374,407 (117,) t5) 12,449,600 12,880,700 t5) 2,013,649 2,768,400 3,212,700 1,569,349 1,209,657 3,810,500 3,856,200 1,163,957 (tP I, )7 2,050,600 2,050,600 (tP I,')7:1� 273,286 348,000 347,500 273,786 31,458,189 65,436,500 67,755,900 29,138,789 4,958,858 2,413,600 4,942,700 2,429,758 2,879,365 2,336,700 4,816,800 399,265 708,766 6,346,500 6,346,500 708,766 8,546,989 11,096,800 16,106,000 3,537,789 1602 1 1 Firemen's Pension Fund 253,775 19,200 69,400 203,575 212,811 19,200 69,400 162,611 TOTAL Fiduciary Funds 253'775 19,200 69,4. 203,575 212,811 19,200 69,400 162,6. PERMANENT FUNDS 601 1 1 Cemetery Endowment Fund 424,606 3,400 425,006 397,696 3,400 401,096 TOTAL Permanent Funds 424,606 1 3,400 1 428,006 397,696 3,400 401,096 C WITAL FUNDS 310 Governmental Capital Improvement Fund 312 Transportation Capital 316 Governmental Park Improvement Fund 451 Electric Capital Fund 452 Water Capital Fund 453 Wastewater Capital Fund 454 Solid Waste Capital Fund 456 Stormwater Capital Fund 463 Combined Sewer Overflow Capital Fund TOTAL Capital Funds 3,090,844 4,239,100 5,003,300 2,326,644 3,600,652 7,001,900 6,958,500 3,644,052 317,128 9,600 - 326,728 9,832,778 800,000 6,019,900 4,612,878 4,883,911 765,000 4,132,000 1,516,911 4,306,852 978,500 3,417,300 1,868,052 1,809,060 1,677,600 2,867,300 619,360 3,143,442 443,000 2,588,500 997,942 1,761,955 4'039,300 5,703,400 97,SSS 32,746,625 1 19,954,000 1 36,690,200 16,010,425 2,943,726 6,070,200 7,688,100 1,325,826 4,866,614 10,620,800 12,913,500 2,573,914 307,906 9,600 - 317,506 13,022,083 800,000 2,940,000 10,882,083 5,346,683 765,000 4,132,000 1,979,683 4,376,875 978,500 3,461,800 1,893,575 1,262,431 1,677,600 1,424, 200 1,515,831 3,089,060 443,000 480,002 3,052,060 3,117,330 4,857,360 7,245,400 729,230 38,332,7071 26,222,000 1 40,285,000 24,269,707 SUB -TOTAL ALL FUNDS 85,087,867 129,561,300 150,541,500 64,107,667 93,606,983 135,336,000 159,869,100 69,054,176 Reserves - Designated 1,975,100 2,135,100 Reserves Used 22,955,300 26,668,200 TOTAL CITYWIDE ALL FUNDS 85,087,867 152,516,600 152,516,600 64,107,667 93,606,983 162,004,200 162,004,200 69,054,176 August 15, 2023 G - 45 �"���IIUIIIVy�j� POR-T-ANGELES uiG.. W Yrrrill°iil'!I'!I uo W A S H I N G T O N, U.S. IRIEW CITY COUNCIL MEMO Date: August 15, 2023 To: City Council From: William Bloor, City Attorney Subject: Port Angeles Municipal Code Re -Envisioning Updated Fee Schedule Summary: The ordinance presented now is the latest in a series of ordinances produced by Madrona Law Group (Madrona). This is another installment in the continuing effort to review and revise the City's municipal code. The ordinance presented tonight revises the manner most City's fees, rates, and charges are set and recorded. It has been reviewed by all City Departments that are affected by the changes. This ordinance does not change any existing fees, rates, or charges. It creates the structure for how fees, rates, and charges may be changed in the future. Funding: NA Recommendation: Conduct the first reading of the ordinance and continue this item to the September 5, 2023 meeting for a second reading. Background / Analysis: Following the Council's decision to contract with Madrona in 2020 to review and revise the City's municipal code, Madrona and staff have worked to produce a series of revisions and updates to the municipal code that will, among other things, make the code more user friendly. The ordinance presented tonight makes numerous amendments scattered throughout the Municipal Code. All of those amendments create a new system to establish and record the fees, rates, and charges collected by the City. It has been reviewed by all City Departments that are affected by the changes. Up until now, references to the City's fees and rates have been integrated throughout the municipal code. Whenever periodic updates to fees and rates have been necessary, the process has involved passing an ordinance updating the municipal code. This update removes all references to specific fees, rates, and charges from the code. These fees and rates will be consolidated into separate fee and rate schedules, which will be more user friendly and easier to keep updated. It is important to note that this ordinance does not change any existing fees, rates, or charges. It creates the structure for how fees, rates, and charges may be adjusted in the future. The fees, rates, and charges are currently set by Council ordinances. At the next meeting, when this ordinance is presented to the Council for second reading, it will be accompanied by two resolutions —one adopting a fee schedule and one adopting a rate schedule. Thos resolutions will continue existing fees and rates as they are now. In the near future fees and rates will be presented by staff and will be presented in the form of changes made by resolution, rather than by ordinance. This process has been adopted by many cities in Washington, and it has been shown to be simple and expedient. August 15, 2023 G - 46 These revisions have been drafted in accordance with the principles and goals established by the Council for this project. Those include: • Eliminate all provisions of the PANIC that don't readily appear to equitably benefit the health, safety, or welfare of all people of Port Angeles • Suggest provisions for the PANIC that increase public health, equity, community safety for the most vulnerable community members, and general welfare toward a resilient, vibrant, walkable, and livable city • Assure compliance with current law • Improve internal consistency and uniformity including definitions, interpretation, and syntax • Improve organization of the code • Eliminate outdated provisions • Customer friendly • Reduce tentacles • Enhance useability • Address conflicts with current law Funding Overview: N/A August 15, 2023 G - 47 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington amending portions of the Port Angeles Municipal Code relating to fees, rates, and other charges. WHEREAS, the City of Port Angeles charges various fees for services, permits, licenses, and other costs; and WHEREAS, City fees and rates are currently scattered throughout the Port Angeles Municipal Code ("PAMC"), making review and update of such fees and rates cumbersome; and WHEREAS, the City desires to transition to adoption of separate fee and rate schedules outlining each fee and rate charged by the City, to be adopted by resolution and updated annually, as necessary; and WHEREAS, adoption of separate fee and rate schedule resolutions necessitates amendments throughout the PAMC; THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Sections of the Port Angeles Municipal Code related to fees, rates, and other charges are hereby amended as follows: TITLE 2 2.18.075 - Appeal fees. filitig appeals to be heafd by the 14eafitig E*afflitier-. Fees established by the City N4ff*ftger- shall tiet . Filing fees for appeals to the Hearing Examiner are set forth in Chapter 1.25 PAMC. 2.20.030 - Charge for services. August 15, 2023 G - 48 for- speeifieaily efwmer-ated seFviees a -ad the isstianee of pefmits. All fees eelleeted shall be deposited i the general f4ad of the Goy. Fees for services and permits issued by the Police Department are set forth in Chapter 1.25 PANIC 2.48.015 — Fees Fees for cemetery services, merchandise, and lots, graves, crypts, niches, plots, tracts, or parcels of land in the platted portion of the cemetery property are set forth in Chapter 1.25 PANIC Payment for burial, inurnment, or entombment must be received 24 hours prior to any service being provided. The cemetery sexton will only accept payment from the legal deed owner or designee. 2.48.030 — Tenet Resale of lots. r f r the amount pr-evietisly paid by the p rehasor Third -party resales of lots, graves, crypts, or niches are prohibited, except for resales of property, merchandise, and/or services from the legal deed owner to the City at the original sale price or for the amount previously paid by the purchaser. 2.48.110 - Graves Opening and elosing Charge Proeedure. Graves —Opening and Closing. Grave opening and closing will be completed by City Parks & Recreation employees. 2.48.120 - Graves —Liner, wail requirements. No interment will be permitted in the cemetery without the cemetery sexton's approval of the outer burial container. Outer burial containers delivered by third parties will be charged a placement fee. August 15, 2023 G - 49 The charge must be paid in advance by the r_rr_set4 i�,, of ±he deeeas_deceased's representative and will not be accepted from the delivery company or other funeral homes and cemeteries. 2.74.065 - Costs of providing copies of public records. A. No fees for locating records. No fee shall be charged for locating public documents and making them available for copying or inspection. B. Charges for copying. The City Council has founded and declared that it would be unduly burdensome for the City to calculate its actual costs for providing copies of public records. Therefore, �he City sha4l ehafge �he fees set et4 below-; provided, �ha+ if the total ehafge for- eepies wettid be less than $5.00 no fee shall be ehar-ged or- eelleeted- - - - -- -- - -- - - -- -- -- - - - - - - - - - - -- -- - -- -- -- -- - - - - li NONNI' - -- - - - - - - - - - - -- -- - - - - - - - - - - -- - -- - - - --- - - -- - - Therefore, the fees for providing public records are set forth in Chapter 1.25 PAMC. C. Deposit. Befor making copies, the Public Records Officer may require the requestor to Day a deposit of up to ten percent of the estimated costs of copying or scanning all the oeE)rds seleeted by the o,,, este requested records. The Public Records Officer may also require the requestor pUpay*ieat-�the remainder of the copying/scanning costs before providing all the August 15, 2023 G - 50 records, or pay the costs of copying/scanning an installment before providing that installment. The Public Records Officer will not charge sales tax for eepies or sears fr„ lie roeerds bt4 if the r-eeer-ds are set4 to a third paf�y �3f: eopying'sea+ming, that third pat4y may ehafge sales ta* for- eepies or- public records scanned in house. The City may charge fees for customized services pursuant to RCW 42.56.120(3). eetor-4aiaer-envelope tised-. p&yable to the Gity. ED. Other copying charges. r-eeer-ds, bt4 sever -a! speeifie statutes gover-a ehar-ges for- speeifieally idel4ified r-eeer-ds. The following non exhaustive list provides some examples. RGAL 46.52.085 (ehar-ges for- tfaffie aeeidet4 Fepet4s)-, Where applicable, the City will charge the amount authorized pursuant to such other statutes r-a+her- 4iaa as provide tinder- the ^ ^* governing copying charges for specific typos of public records. EE. Use of outside vendor. The City is not required to copy/scan records at its own facilities. The City-eftp,may send the project to a commercial copying/scanning center and bill the requestor for the amount charged by the vendor or arrange with the requestor to pay the vendor directly. eopying'seanaing ehar-ge when its eest at a vendor- is less. August 15, 2023 G - 51 TITLE 3 CHAPTER 3.70 — FEES, is repealed in its entirety. 3.72.030 - Special assessment. I ... i MEN.. _ ... r.es ... _ :M This assessmepA shall be billed in "at4er-ly installmet4s. For- the puTese of said rates of assessmet4, "btisiaess area" shall be defined as gFess btisiness a (per- City paf4itig r-eqttir-effiet4s) will have �heir- afffvdal assessffiet4 r-edueed by Otie ftssessffiet4 !&"�' howevef, no one will pay less than the r-4e for- less than 1,000 s"ar-e feet. in add4ion to the an+ma4 The rate for the annual assessment for businesses in the PBIA is set forth in Chapter 1.25 PANIC and will be billed in quarterly. For the purpose of assessment, "business area" is defined as gross business and business support space. Businesses which provide up to 50 percent of their off-street Darkina needs (Der Citv Darkina reauirements) will have their annual assessment reduced by one assessment level. 3.64.030 - Creation of accounts authorized —Alternative. August 15, 2023 G - 52 B. Prior to authorizing an account receivable, completion and approval of a credit application and payment of a credit check fee is required in the amount set forth in Chapter- 3.70 PAW W Chapter 1.25 PAMC. August 15, 2023 G - 53 TITLE 5 5.04.080 - Fee. fee shall be as set fet4h iti Chapter- �.:70 . Unless otherwise provided by this Title, the business licensing fees are set forth in Chapter 1.25 PAMC. 5.04.090 - Term. B. Any applicant who intends to conduct a business temporarily may apply for a temporary business license for a period of one to three months_, eh the ee-shalems t f4th it Chapter- 3.7o C. Upon receipt of an affidavit attesting to the loss, theft, or destruction of an otherwise valid license not caused by the willful misconduct of the licensee, the Clerk will reissue a license for the duration of the license period. to said ' eensee tipen eept ofthe fee as se* f t4h i (`1,apte,- 3.70 PAW. 5.04.130 - Multiple businesses at one Location. Any person engaged in two or more businesses at the same location is -only -be required to obtain one license for the combined businesses ard „loss theFwise eeifi ally provided, the keerse f 5.04.140 - Same business —Multiple locations. Any person conducting the same type of business at two or more permanent locations shall be r-e"ir-ed to must obtain a separate license for each place of business. The fee for- eaeh ,,,adifi ,r ' Section 5.04.250 — Fees, is repealed in its entirety. Section 5.20.040 — Number of dances authorized — Fee, is repealed in its entirety. 5.36.040 - For -hire vehicle business license required. August 15, 2023 G - 54 D. The annual for -hire business license fee is set forth in Aill t the time f s„>,,, itfi g 11 initial r,a r-enewal pl;,.4;,,Chapter 1.25 PAMC. 5.37.125 - License and other related fees. The fee for a vehicle license issued under PAMC 5.37.030 and for a driver's license issued under PAMC 5.37.100 is set forth in n MG 3.''- 0 Chapter 1.25 PAMC. The fee is not subject to proration. 5.50.030 - License application. In addition to all other information required for a business license application, an applicant for an adult entertainment business license must pay a license fee as set forth inter 3.�C Chapter 1.25 and provide the following information:.. . 5.52.050 - License —Fee. ofestival, The fee for any outdoor music festival is set forth in Chapter 1.25 PAMC. August 15, 2023 G - 55 TITLE 7 7.01.035 - . Costs and fees - Waivers - Responsibility of owners. stieh animal. Abandonment of the animal does not r-elieve the owner- of stieh r-espeasibilit�- of this Title to fail to or- r-eftise to pay the impetind fees, tr- beafdiag, veter-inafy ea -Fe, lieensing, adoption, et4ha-aasia eests, fines, r-est4,,:Aiea or- other- r-e"ir-ed fees or- eests as set f4th in �his title. Nliela+ietis shall be a fflisdefflea*er, Ai+y provider-, e�her- tha* �he City of P64 Atigeles, ef beafditig, or- efft4a*asia, shall seek payffiet4 dir-eed-y ffeffl the ewtier- of the a*iffial a*d shall tiet see! or- be et4ided to paymet4 from the G4y of Pet4 Angeles, exeept that the pFevider- may seek Payme from the Gity of PeFt Angeles when the animal is FefeFFed to the pFevideF by the G4Y a -ad the owner- . - 4ffiewti. hi eases where �he a*iffial is r-efet+ed to the provider- by the Gity a*d �he a*iffiftl is tiet may be limited by the ! ity to p ;. iag b,,,v, a-ae euthanasia of the animal. A. All fees required by this Title are set forth in Chapter 1.25 PAMC. B. Reasonable costsDetermination. The Chief of Police is authorized to determine the reasonable costs for transportation, boarding„ euthanasia, disposal, and veterinarian services provided to the City by the Animal Control Authority. C. Waiver or pro -ration of fees and costs. The Chief of Police is authorized to waive or pro -rate dog and cat licensing fees, registration fees, and impound fees and costs, in whole or in part, when doing so would further the goals of the Animal Control Authority and be in the public interest, taking the following into account: 1. Requests to waive license fees pursuant to RCW 49.60.380 for a guide or service dog will be granted, 2. Requests to waive license fees for a current or retired law enforcement K-9 dog will be _ granted, The effect on the owner. the animal's welfare. and the animal control authority if the fees or costs are not waived and no payment is received, August 15, 2023 G - 56 4. In the case of an impound, the reason for the impound, 5. The reason or basis for the violation, the nature of the violation, the duration of the violation, and the likelihood the violation will recur, and 6. The total amount of the fees charged as compared to the gravity of the situation. D. It is unlawful for the owner of animals treated, impounded, and/or adopted pursuant to the provisions of this Title to fail to or refuse to pay the impound fees, transportation, boarding, veterinary care, licensing, adoption, euthanasia costs, fines, restitution or other required fees or costs. Violations are a misdemeanor. Abandonment of the animal does not relieve the owner of such responsibility. Any provider, other than the City of Port Angeles, of services under this Title, including but not limited to transportation, medical veterinary services, boarding, or euthanasia, must seek payment directly from the owner of the animal and may not seek and is not entitled to payment from the City of Port Angeles, except that the provider may seek payment from the City when the animal is referred to the provider by the City and the owner is unknown. In such cases and where the animal is not wearing a license tag„ scanning for microchip is unsuccessful, and no owner is known, medical care may be limited by the City to providing humane euthanasia of the animal. 7.01.040 - Animal shelter. D. Shelter Officers employed by the shelterhave the authority to collect license and impound fees. fees as se� forth in seetion 3.70.120 PAW, a -ad impetind fees a -ad eests as set forth in seefie 3.70.120 PAMG. 7.02.010 - Dog and cat licensing —Regulations. E. , . The animal control authority may, at its discretion, temporarily reduce license or other fees at special events or clinics held to encourage compliance with this ordinance. 7.03.040 - Potentially dangerous dog —Registration, requirements, annual fee. August 15, 2023 G - 57 A. In addition to any other dog license fees, the owner of a dog declared potentially dangerous must register the dog and pay the initial registration fee within ten days of notification as provided in PANIC 7.03.030. If the owner requests a hearing within the ten- day period, the owner will not be required to pay such registration fee unless and until the hearing officer determines the dog is potentially dangerous. C. The owner of a dog declared potentially dangerous shall must renew the registration annually and pay the renewal fe The renewal fee includes the dog licensing fee. D. applied tewar-d the eest of the initial Fegistfation; however-, in the seeend a -ad s4se"ePA years, the eest of renewal shall melt ,ae keersi Any person who brings a dog or animal into the City of Port Angeles that has been declared dangerous or potentially dangerous by another jurisdiction is required to register such dog or animal with the Animal Control Authority within 24 hours, or on the first business day following the bringing of the animal into the City limits, and further to comply with all requirements as set forth by the Animal Control Authority and this Chapter. 7.03.050 - Dangerous dog ---Certificate of registration, requirements. -,I.str-4iE)a shall melt ,ae keeThe owner of a dangerous dog must pM an initial registration fee and a renewal fee for each subsequent year. A dog license fee is not applied toward the cost of the initial registration; however, licensing is included in the cost of registration renewal. 7.03.100 - List of potentially dangerous and dangerous dogs. August 15, 2023 G - 58 A list of potentially dangerous and dangerous dogs shall be maintained by the Animal Control Authority. The list shall be made available to the public for normal copying costs_ , per- seetie 3.''0�.D. The list shall include the general description of the dog and the address at which the dog is normally kept. 7.05.030 - Quarantine at the shelter —Procedures. PARTIAL C. Any animal impounded and/or quarantined at the shelter shall not be released until the owner or other authorized person pays impound fees and costs as set f t4h it seetiet �.70.120 PANW. The owner or other authorized person redeeming an unlicensed dog over the age of six months must also pay the license fee, and late penalty fee, if applicable, as set f t4h i seetion 3.70 , 20 PA g ar D. Any animal surrendered by its owner may be humanely destroyed by euthanasia after the end of the quarantine period and after examination by a licensed veterinarian. The owner shall7must pay impound fees and costs as set fet4h it seetiet 3.70 1 20 D n MG 7.06.040 - Redemption of impounded animals. In addition to other fees required by this chapter, persons redeeming animals must pay fees as required for impound, transportation, boarding, vaccination, veterinary care, licensing, and adoption. A. Any dog or cat impounded r r* to the provisions of seetion 7.02 may be redeemed by the owner or other authorized person upon payment of the impound fees and costs as set f zh it seetie 70 ' 20 P ^ r 4G The owner or other authorized person redeeming an unlicensed dog over the age of six months must pay �wiee (ewe ti two times the license fee, any late pe ley fee if pplieable any applicable late penalty fee, and a BOA.00 deposit for animals for- whieh rabies vaeeinations are „mot without current rabies vaccinations. The deposit will be refunded when the animal is vaccinated and proof of vaccination is presented to the Shelter Officer. Section 7.06.060 — Fees and payment, is repealed in its entirety. August 15, 2023 G - 59 TITLE 9 9.20.030 - Display fireworks permits. Any person, firm or corporation intending to sell, possess, or discharge display fireworks within the City, shall be r-eq-ttir-ed as a eetiditieti of stteh sale, pessessieti or- disehafge, to seetf'-'e f+effi the City Clerk must obtain a ro.mit for- stie , ,,etiv ties and pU the fee set forth in Chapter 1.25 PANIC. The City Clerk is directed to issue such permits only if the application is approved by the City Fire Marshal, and the applicant is in compliance with the terms of this chapter and with Chapter 70.77 RCW. $500.00. 9.50.050 - Fees —Corrective actions —Disconnection. For City response to any false emergency alarms, the City may assess a fee, as set forth in Chapter 1.25 PANIC, to the owner as follows: A. day period, her-eitiaAer- r-efet+ed to as a " . No fee will be assessed for a response to premises at which no other false alarm has occurred within the proceeding 180-dU period (the "first response" B. et4ided to assess a $50 0 A fee may be assessed upon a second response to the premises within 180 days after a first response. The owner of the alarmed premises must report to the Police Chief or Fire Chief, as appropriate, in writing: C. Angeles shall be et4i e to assess a fee of $ 00 00 A fee may be assessed for a third response to the premises within 180 days after a second response. If said third false alarm or any succeeding false alarm occurs as a result of failure to take necessary corrective action, the Police Chief or the Fire Chief may order the owner to disconnect such alarm until such time as verification of corrective action is provided to the Police Chief or Fire Chief; provided, however, that no disconnect will be ordered for any premise required by law or regulation to have an alarm system in operation. August 15, 2023 G - 60 August 15, 2023 G - 61 TITLE 11 11.08.040 - Permit —Application. 11.08.060 - Permit —Fee. A fee, as set forth in Chapter 1.25 PAMC, is required for a permit for work in a ri _ hg tof- way, in addition to all other fees for permits or charges relative to M proposed work. 11.08.065 - Inspection —Fee —Deposit required. After approval of the plans and specifications, the City Engineer will provide the applicant with an estimate of the construction inspection fee fee. A peRiiit for- eetiswdetieti will be isstted etily aRer- the peRiiit fee has beeti paid a*d deposit ef the inspeetion fee has been made with the Goy Trzeaswef in an amount as set forth in Chapter 1.25 PAMC, which is in addition to any permit fee and must be paid as a deposit prior to permit issuance. If the City Engineer determines that the remaining funds on deposit are not adequate to pay for the inspections required to project completion, the applicant will be so notified and provided with an estimate of the amount of additional fee deposit required. This additional fee will be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the deposit will be refunded to the depositor upon completion and acceptance of the project. 11.12.120 - Fee. A. Application and renewal fees are set forth in Chapter 1.25 PAMC. August 15, 2023 G - 62 11.14.110 - Fees and compensation. B. Right-of-way license, master permit or facilities lease Application and review fee. The application must be accompanied by the necessary fee deposit as set forth in Chapter 1.25 PANIC. The Public Works and Utilities Director or designee _ may require the applicant to deposit additional sums if it appears that the initial deposit or subsequent deposits will be exhausted prior to the final action by the City on an application for issuance, renewal, transfer or modification of a master permit, right-of-way license, or facilities lease. The applicant will not be entitled to further consideration by the City of its requested action until the required additional deposit has been deposited with the City. The applicant may be refunded the unexpended deposit balance, less a nonrefundable filing charge upon written request within 60 days of the application being withdrawn, abandoned, or denied. C. Use permit fee. Prior to actual construction, every applicant for a right-of-way license or master permit must obtain a right-of-way use permit and pay the fees pursuant to Chapter 1.25 PANIC. ... 11.14.160 - Television cable franchise required. G. Application fee. 2. The initial deposit for the consideration of an application for issuance, renewal, transfer, or modification of a franchise is set forth in Chapter 1.25 PANIC. The City of Pet4 Atig may, as costs are incurred, draw upon the deposit to recover its administrative costs, including, but not limited to, the reasonable cost of outside consultants retained by the City related to the City's consideration and processing of a franchise. The City, at any time, may require the applicant to deposit additional sums prior to further consideration if it appears that the initial deposit or subsequent deposits will be exhausted prior to the final action on the application. In the event the amount of the deposit of an applicant is in excess of the amount needed for City review, the applicant will be refunded any such excess amount. In addition, upon franchise or license approval the applicant must reimburse the City for its publication expenses incurred in connection with the granting of a franchise or license within 30 days after the City furnishes a statement of such expenses. August 15, 2023 G - 63 TITLE 12 CHAPTER 12.04 - PARKS AND RECREATION FULL SECTION 12.04.015 - Fees. A. Fees for recreation and City facility rentals are set forth in Chapter 1.25 PAMC. When the following terms are used in the Fee Schedule, the definitions below Mp 1. "CaLgog I" means any City -sponsored, co -sponsored, or City -supported activity. A City_ supported activity is one that the City either plans, conducts, controls, or in which the City actively participates. 2. "CaLgog II" means any non-profit group or organization or community function, except political or religious organizations. 3. "Category III" means all activities that are not Category I or Category II. 4. "Resident" means persons whose primary residence is in the City, and businesses and organizations that have their principal place of business or operations within the City. 5. "Non-resident" means all persons, businesses, and organizations that are not a resident. B. The City Manager is authorized to establish fees for Parks and Recreation special events and activities not otherwise included pursuant to Chapter 1.25 PAMC. 12.04.140 - Metal Detecting —Coin Recovery. A. Permit required. 2. efmi* f r ,i .-,-,-..,An annual fee set forth in Chapter 1.25 PAMC will be charged for a coin recovery_ permit. 12.08.060 - Fee c,.h,.dute Fees. . Fees for the use of the Vern Burton Memorial Community Center and the Port Angeles Senior and Community Center are set forth in Chapter 1.25 PAMC. When the following terms are used in the Fee Schedule, the definitions below Mp August 15, 2023 G - 64 A. "Categoa I" means any City -sponsored, co -sponsored, or City -supported activity. A City_ supported activity is one that the City either plans, conducts, controls, or in which the City actively participates. B. "Category II" means any non-profit group or organization or community function, except political or religious _ organizations. C. "Category III" means all activities that are not Category I or Category II. D. "Resident" means persons whose primary residence is in the City, and businesses and organizations that have their principal place of business or operations within the City. E. 'Non-resident "means all persons, businesses, and organizations that are not a resident. . Fees for the use of the City Hall Council Chambers and lobby area are set forth in Chapter 1.25 PANIC. When the following terms are used in the Fee Schedule, the definitions below app A. "Categoj y I" means any City -sponsored, co -sponsored, or City -supported activity. A City_ supported activity is one that the City either plans, conducts, controls, or in which the City actively participates. B. "CaLgog II" means any non-profit group or organization or community function, except political or religious _ organizations. C. "Category III" means all activities that are not Category I or Category II. D. "Resident" means persons whose primary residence is in the City, and businesses and organizations that have their principal place of business or operations within the City. E. Won -resident "means all persons, businesses, and organizations that are not a resident. 12.12.110 - Regulation of City Pier boat moorage. A. Transient moorage facilities: 1. The transient moorage facilities at the City Pier is August 15, 2023 G - 65 limited to use by recreational boats only. All operators of vessels mooring overnight vernight are required to self -register and pM a moorage fee as set forth in Chapter 1.25 PAMC. B. North Pier moorage area: 1. Commercial ships, boats and vessels, cruise ships or recreational craft over 30 feet in length, may be permitted to moor on the north side of the permanent City Pier dock. The fees for- Stie , moor -age shall be f4th it Chapter- 3.70 C—. Moorage fees are set forth in Chapter 1.25 PAMC. August 15, 2023 G - 66 TITLE 13 13.06.190 - Pretreatment charges and fees. i*:r.�.lST .!_COMMU&�TI�R!!iR=i r ems; C. Fees for- to disehafge P. Fees reviewing for- filitig a -ad responding aeeidental pr-eeedwes end eenst F. Other- fees the City deem to the her-ein. These fees as may to the neeessafy eaFfy et4 r-eq#ir-emet4s by this eentained f�em r-elate solely matters eover-ed ehapter- a -ad afe separate all other- . Pretreatment charges and fees are set forth in Chapter 1.25 PAMC. 13.12.010 - General provisions applicable to all services. B. When a request for residential service requires an extension or re -arrangement of distribution facilities to serve new loads or residential customers, or when a request for non-residential service requires a new transformer and/or an extension of distribution facilities to serve new loads or non- residential customers, the Public Works and Utilities Department will determine the amount of service extension costs, if any, and all applicable taxes to be paid by the customer prior to actual construction. Non-residential service extension costs sh-a44 include all design and construction labor, material, overhead, taxes, and transformer costs. Residential service extension costs do not include transformer material costs which are charged at the time of home construction aeee PAMC 3.70.105, par-agfaphs (A) or- (B) August 15, 2023 G - 67 D. If a request for residential service is canceled in writing after the service extension costs determined in paragraph B. above have been paid to the P41ie Aler-ks ar,a T 4 Mies-DepaFtme a refund may be issued to the original payer, less any actual construction costs incurred plus cancellation fees in-aeee ee w4h P n N4 '- . K. All fees required by this Chapter are set forth in Chapter 1.25. 13.12.015 - Time of use electric rate. For customers requesting an optional time of use electric rate schedule, the monthly rates for electricity consumed ''al be t 13.12.031, 13.12.0401, ' � ' 2 04 1 :m-arr-acirr-as6e Se--`vTc"itrr-�se6t�ei�s-Tr-rL-vTrr 131� 1� 044 r,a 13 12.06 -1��-0��42i , are set forth in C after 1.25. The monthly rate includes all applicable taxes. Heavy load hours are all hours from 6:00:00 a.m. to 1:59:59 p.m., Monday through Saturday. Medium load hours are all hours from 2:00:00 p.m. to 9:59:59 p.m., Monday through Saturday. Light load hours are all other hours Monday through Saturday, all day Sunday and all day on North American Electric Reliability Corporation specified holidays. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable). 13.12.020 - Uniform electric rate The monthly rate for electricity consumed shall be i aeeer-da-aee with seetions 13.12.030, 13.12.040, ,�13.12.042,13.12.043, , , 060 r,a , 3 , 2 073 are set forth in Chapter 1.25. The monthly rate includes all applicable taxes. Heavy load hours are all hours from 6:00:00 a.m. to 9:59:59 p.m., Monday through Saturday. Light load hours are all other hours Monday through Saturday, all day Sunday and all day on North American Electric Reliability Corporation specified holidays. Pacific Prevailing Time applies (Pacific Standard Time or Pacific Daylight Time, as applicable). 13.12.025 - Rate class assignment. The Director of Public Works and Utilities will assign each customer to the electric rate class that most appropriately reflects the service provided to that customer as follows: A. Schedule R-03Residential service. 1. Applicability. This schedule applies throughout the City for domestic uses in single-family residences, individual apartments or farms. Separately metered services incidental to single-family residential and farm service may be served under this schedule. August 15, 2023 G - 68 2. Character of service. Sixty cycle, alternating current, 120/240 volts nominal, single Phase service will be furnished under this schedule, supplied through a single meter and one Point of delivery. B. Schedule GS-03--General service. 1. Applicability. This schedule applies to all accounts not covered by other rate schedules with the following types of service: a. 120/208 or 120/240 volts, single or three phase, service panel of 400 amps or smaller. b. 240/480 or 277/480 volts, three phase, service panel of 200 amps or smaller. c. Municipal traffic signal and street lights. The base charges for municipal traffic signals and street lights includes maintenance of existing luminaries and controls by the Public Works and Utilities Department. d. Municipal emergency management systems. The municipal emergency mana eg ment system and City's security cameras base charge shall apply to systems with a normal operating load of 150 watts or less, which shall not be required to be metered. e. Cable television system and other communications systems, single phase power supplies in accordance with Section 10.2 of Ordinance No. 3116. f Pole attachment fees. City -owned unmetered security camera system and wireless access points are exempt from PAMC 13.14.040. 2. Character ofservice. Sixty -cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, Mplied through a single meter and one point of delivery. C. Schedule GD-03General service demand. 1. Applicability. This schedule Mplies to all not covered by other rate schedules with the following types of service: a. 120/208 or 120/240 volts, single or three phase, service panel larger than 400 amps. b. 240/280 or 277/480 volts, three phase service panel larger than 200 amps. 2. Character ofservice. Sixty cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, Mplied through a single meter and one point of delivery. D. Schedule NP-03Nonprofit. 1. Applicability. This schedule Mplies to all nonprofit tax-deductible organizations. August 15, 2023 G - 69 2. Character ofservice. Sixty cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through a single meter and one point of delivery. E. Schedule GD-04--General service demandPrimary metered. 1. Applicability. This schedule applies to all accounts not covered by other rate schedules with the following types of service: a. 120/208 or 120/240 volts, single or three phase, service panel larger than 400 amps. b. 240/480 or 277/480 volts, three phase service panel larger than 200 amps. c. When electric current is measured at primary voltage and delivery to the customer is at secondary voltage. 2. Character ofservice. Sixty cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through hg a single meter and one point of delivery. F. Schedule PS-03Primary service —Customer owned. 1. Applicability. This schedule applies to all accounts which own and operate a primary voltage distribution system. 2. Character ofservice. Service to be furnished under this schedule is unregulated three phase, 60 cycle, alternating current at primary voltage, 12.5 KV nominal. Service under this schedule shall be provided and metered at the point(s) of interconnection of the distribution facilities of the customer and the City. 3. In addition to the rates under this schedule, customer payment to the City is required for any and all maintenance and repair work performed on City equipment on the load side of the meter, including, but not limited to, repair and/or replacement of all City owned facilities. These include but are not limited to cables, terminations, and transformers. G. Schedule PS-04Primary service —City owned. 1. Applicability. This schedule applies to all accounts where the City owns and operates a primary voltage distribution system when electric current is measured at primary voltage and delivery to the customer is at secondary voltage. 2. Character ofservice. Service to be furnished under this schedule is unregulated three phase, 60 cycle, alternating current at primary voltage, 12.5 KV nominal. August 15, 2023 G - 70 H. Schedule IT -I I Industrial transmission. 1. Applicability. This schedule Mpplies to all accounts where power is taken at transmission voltage. 2. Character of service. Service to be furnished under this schedule is unregulated three-phase 60 cycle, alternating current at transmission voltage, 69 KV nominal. 3. Point of delivery. Service under this schedule is provided and measured where the customer's facilities interconnect with the facilities of the City and the Bonneville Power Administration. 4. Service policv. Service under this schedule is subject to the customer service policies of the CLty- 5. Rate and charges. The monthly rates and charges for service hereunder is the sum of the amounts determined in accordance with this subsection and as set for in Chapter 1.25 PAMC. Such charges also include all costs, charges, surcharges,adjustment charges_ and penalties, and conditions incurred by the City and attributable to customer, including„ but not limited to, those applicable under the BPA agreement, the TRM, BPA rate schedules and general rate schedule provisions, network agreement, tariffs, and general rate schedule provisions. a. Definitions: Initially capitalized words used herein have the meaning set forth in the BPA agreement, the Tiered Rate Methodology, or as defined below: TPA "means the Bonneville Power Administration. 'BPA Agreement "means the agreement between the City and BPA, dated December 1, 2008, Contract No. 09PB-13093, as amended from time to time. "CHWM" means the City's Contract High Water Mark. "Customer" means the person or entity that purchases power from the City, using the service this section. "Customer" may hereafter be abbreviated as "Cu." "Customer facifitE"means facilities or premises owned by the customer and served by power purchased pursuant to this section. 'Demand" means the amount of energy delivered to the customer at the point of delivery (as measured in whole kilowatts) integrated over the 60-minute period during the City's CSP. For purposes of such calculation, the 60-minute periods shall begin at the beginning of each whole hour and run for 60 consecutive minutes until the end of such whole hour. Network agreement" means the agreement between the City and the BPA, dated September 20, 2006, Contract No. OTX-124433, as amended from time to time. August 15, 2023 G - 71 'RHWM" means the City's Rate Period High Water Mark. "Tiered Rate Methodoloa" means BPA's policy for calculating wholesale power rates, adopted in the Administrator's Final Record of Decision issued in September, 2009, and as amended from time to time. b. Elements for calculating rates and charges: _ i. Cu CHWM. Customer will have a CHWM amount ("Cu CHWM") of 53.351 aMW. ii. Cu CDQ. Customer will have the following monthly CDQs ("Cu CDQ"): as follows: January 14,760 kW Ju1y 14,238 kW February 11,974 kW ILPUst 15,113 kW March 14,913 kW September 13,541 kW April 14,913kW October 19,262kW May 22,190 kW ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, November 14,423 kW June 13,546 kW December 7,366 kW c. Customer charge. The customer charize (Cu CO) is the bortion of the Citv's customer charizes for a month to be paid by customer. The Cu CC each month is calculated by the following formula Cu CC = [CuCHWM - CHWM] X CMCC Where- Cu CHWM is the amount set out in section b.l., above. CHWM is 86.755 aMW. CMCC is the City's customer charge for the month. No credit on the Cu CC will be given or baid for using electricity in amounts less than the Cu CHWM. d. Demand charges for service. The customer demand charize (Cu DO is the demand charizes for a month to be baid by customer. August 15, 2023 G - 72 The Cu DC each month is calculated by the following formula: Cu DC = [(Cu. CSP — Cu AHLH) — Cu CDQI X DR Where: Cu CSP is the demand of the customer facility (in kilowatts) during the City's CSP in each month. Cu CDQ is the amount set out in section b. above. Cu AHLH is the average of the customer facility's actual hourly Tier 1 loads during the HLH in each month in kilowatts. DR is the demand rate charged to the City. No credit will be given or paid for using demand in amounts less than the Cu CDQ. e. Load shaping charges and credits. The customer load shaping charge (Cu LSC) is the load shaping charges for a month to be paid by customer. The Cu LSC each month is calculated by the following formula: Cu LSC = (Cu AL - Cu SSL) X LSR Where: Cu LSC is the net of the load shaping charges and credits for a month apportioned to customer, with customer pang net load shaping charges to the City, and the City paying net load shaping credits to customer, less an amount calculated by the City using the load shapin adjustment true -up rate. Cu AL is customer's monthly HLH and LLH loads. Cu SSL is customer's shaped system load as set out below. LSR is the load shaping rate applicable to HLH and LLH periods. f. Taxes: An amount calculated to recover the actual tax oblitzation of the electric utili and City for State public utilities tax and City public utility tax and any other applicable taxes. In addition, customer must pay each month any and all Federal, State, local and City taxes as may be levied, imposed or due, which arise from, or in connection with the provision of electric service to customer pursuant to this ordinance. Calculation of utility taxes: The customer shall pav to the Citv each month the amount necessary to full.. satisfy the City's obligation for State and local utility taxes. For utility tax purposes, the gross income from the customer is the sum of fees and charges required by this August 15, 2023 G - 73 subsection, plus the amount necessary to satisfy the City's obligation for State and local utility taxes. h. Rates and charges for service: The City has no obligation to provide service to the customer facility in excess of Cu CHWM and its Cu CDQ. If the customer facility takes service in excess of its Cu CHWM and/or its Cu CDQ, customer will pay the City all costs, charges, surcharges and penalties attributable to such service. i. If the City -pays or receives a load shaping charge true -up adjustment charge or credit in any fiscal year, then a pro-rata portion of such charge or credit will be apportioned to customer as determined by the City, plus an amount calculated by the City using the load shaping adjustment true -up rate. I. Schedule L-03Lighting. 1. Applicability. This schedule applies to all approved unmetered yard and area lights. 2. Installation. Yard or area lights are available upon request. Upon approval by the Public Works and Utilities Department, lights will be installed only on existing utility -owned poles for the use and convenience of customers. A one-year contract for service will be required before the light will be installed. Customer ownership of lighting is limited to existing lights _ only. 3. Maintenance. The Public Works and Utilities Department retains ownership of the area lighting. Maintenance of City owned lights is the responsibility of the Public Works and Utilities Department. Maintenance of customer owned lights is the responsibility of the customer. I Schedule MW-03 Municipal water pumping. I. Applicability. This schedule applies to municipal water pumping facilities where the connected load is greater than 500 kVA. 2. Restrictions. Timers approved by the Public Works and Utilities Department shall be installed to prevent pumping during restricted hours as determined by the Department. 3. Character of service. Service to be furnished under this schedule is three phase, 60 cycle, alternating current at such phase and voltage as the City may have available will be furnished under this schedule, applied through _a single meter and one point of deliver. Section 13.12.030 - Schedule R-03—Residential service, is repealed in its entirety Section 13.12.031— Reserved, is repealed in its entirety. August 15, 2023 G - 74 Section 13.12.040 - Schedule GS-03—General service, is repealed in its entirety. Section 13.12.0401 - Reserved, is repealed in its entirety. Section 13.12.041- Schedule GD-03—General service demand, is repealed in its entirety. Section 13.12.0411— Reserved, is repealed in its entirety. Section 13.12.042 - Schedule NP-03—Nonprofit, is repealed in its entirety. Section 13.12.0421— Reserved, is repealed in its entirety. Section 13.12.043 - Schedule GD-04—General service demand —Primary metered, is repealed in its entirety. Section 13.12.044 — Reserved, is repealed in its entirety. Section 13.12.060 - Schedule PS-03—Primary service Customer owned is repealed in its entirety. Section 13.12.061— Reserved, is repealed in its entirety. Section 13.12.065 - Schedule PS-04—Primary service City owned, is repealed in its entirety. Section 13.12.066 — Reserved, is repealed in its entirety. Section 13.12.071- Schedule IT-1 1—Industrial transmission, is repealed in its entirety. Section 13.12.072 - Schedule L-03—Lighting, is repealed in its entirety. Section 13.12.073 - Schedule MW-03—Municipal water pumping, is repealed in its entirety. Section 13.12.075 — Reserved, is repealed in its entirety. 13.12.110 - Electrical work permits and fees. . The fees for electrical inspections performed by the City are set forth in Chapter 1.25 PANIC. 13.12.120 - Contract and administration charge. to any per -son or- et4i', a power- generating pr-qjeeet that wetild be 44egr- ' .A contract and administration charge will be charged to any person or entity proposing a power generating project that would be integrated with the City's electrical distribution system for the August 15, 2023 G - 75 purpose of compensating the City for the costs of negotiating and preparing contracts and accomplishing the necessary engineering. 13.14.010 - General provisions. The purpose of this chapter is to ensure the safe and efficient use of overhead lines on City -owned poles within the City's rights -of -way or public utility easements and to compensate the City for the use of the poles. This chapter establishes provisions necessary to ensure compliance with: Chapter 11.14 Telecommunications, Chapter 1.25, Fees, Rates, and Charges Fees, Chapter 5.04 Licensing, Chapter 5.80 Taxation, Chapter 11.08 Construction or Excavation Work Within Rights -of -Way, Chapter 11.12 Right -of -Way Use, and Chapter 17.52 Wireless Telecommunications Towers and Facilities, Chapter 296-45 Washington Administrative Code (WAC) and the City's standard construction practices and specifications. This chapter applies to all current or future electric and telecommunication system entities that attach lines, equipment, or other devices to City -owned poles, also referred to as "grantees" or "joint pole users". This chapter does not apply to joint pole users who have agreements with the city for existing line, equipment or device attachments, which agreements precede the effective date of this ordinance and are not terminated by the parties. This chapter does apply, however, to new line, equipment or device attachments proposed after the effective date of this ordinance. 13.14.040 - Pole attachment fees. On or about July 1st of each year, the City acting in cooperation with joint pole users will determine the total number of grantee's pole contacts on City -owned poles as of the preceding day. The grantee must pay the City an annual rental fee covering the calendar year in which the count is made within 30 days after the bill has been submitted. The grantee may receive credit against the annual rental fee p&yable to the G4y for the total number of City pole contacts on grantee -owned poles as of the preceding day. The annual rental rate for each pole attachment shall be calculated as sot fet4h i Ghai 4o,- 3.70 n n Aar is set forth in Chapter 1.25 PANIC. The fee shag be i3aid within 30 Applicable taxes of other jurisdictions are not included in the City's bill. August 15, 2023 G - 76 13.16.010 - Utility accounts Authorized offireers designated Fees. A. The City Manager, E)r- his designee, shall will keep an account for electric current, water, sewer and solid waste service used by any person, business, or other entity within the City, and for the monthly Medic I Program charge to be paid by every utility account within the City. B. The G4y Manager-, E)r- his designee, shall plaee against these aeeE)u+4s all ehar-ges for- eleetr-ie etffet4, water-, a -ad sewer- a -ad selid waste seFviee tised by that per -sea, btisifiess EW Other- &44y a -ad fflade iti aeeer-da*ee with the tefms of these or-ditia*ees of the City establishitig the r-ates a*d fees fe-r- All rates, charges and fees for electric current, water, and sewer and solid waste service, monthly Medic I Program, or other provision of utility service are set forth in Chapter 1.25 PANIC. r other- ehafges eeffiieeted with the pr-evisieti of t4ility sef-,4ee, iti aeeer-da*ee with the tefiiis of these 13.16.015 - Creation of account —Deposits. A. shall r-e"ir-e the per-sen !P,4ees to either- make a deposit with the Gity of PE)t4 Angeles ef by a single family only, eemplete Wehen tinit. Stpdetufes whieh are not single family At the time an account is requested and before it is authorized, the person requesting services must either make a deposit with the City or present a copy of a August 15, 2023 G - 77 verifiable prior utility credit rating deemed suitable to assure with certainty that the account with the City of Port Angeles will not become delinquent. For the purpose of this section, single-family units are defined as structures designed for occupancy by a single housekeeping unit only, containing a complete kitchen unit, and does not include duplexes, fourplexes, apartments, condominiums, and other multi -family structures. Nothingin n this chapter prevents the City from requiring additional or new deposits when conditions such as chronic delinquencies warrant. 13.16.040 - Bills —Notice of delinquent account. E. An account which has become delinquent and for which a notice of delinquency is issued, may be assessed a penalty fee For the purposes of this subsection, when an account receives a third penalty during any consecutive 12-month period, the City Manager or- his designee may request a deposit or additional deposit be submitted in accordance with seetiet 1 16.050 PAMC 13.16.050, along with payment for, or arrangements e to pay, the delinquent charges due. 13.16.050 - Disconnection or field collection of utility services. 13.18.020 - Billing procedure. E. Notice of a supplemental billing twill be sent to the recipient of unauthorized or unmetered utility services. The supplemental bill twill be added to the next regular utility bill and twill August 15, 2023 G - 78 be collected under the normal collection procedures. The notice of a supplemental billing twill consist of the following: 3. Penalty fee pursuant to PAMC 13.18.040. 13.18.040 - Penalty fee. For each single instance of receipt of unauthorized or unmetered utility services, a penalty fee shag be assessed i the ametH4 sot fet4h i Chapter- 3.70 P n gar will be assessed. 13.32.040 - New residential service connection fee. A. G rte - 70 PAW W A fee will be charized for new residential water service connections_ including dip m atar 13.32.050 - New commercial or industrial service connection fee. A. For all commercial and/or industrial services, and for all residential services larger than two-inch diameter irrespective of meter size, prior to commencement of any work by the City the owner or applicant must pay a deposit in an amount of the City estimate of cost for the construction work and the work twill be thereafter billed on the basis of actual cost of installations plus administrative overhead. The applicant twill be refunded any underrun or billed any overrun of the actual cost difference in the estimated cost including administrative overhead except when the actual cost is within $50.00 of the estimate. B. In no event shall the charge be less than the charge for a two-inch service. 13.36.030 - Special or emergency turnon or turnoff fees. A fee will be charged _ for emergency turnoff/ or-4urnon or temporary water service discontinuance -,provided that for premises, whieh aeeessit4es immediate aefien, the following ehar-ges shall be made the August 15, 2023 G - 79 emergency turnoff,/turnon during regular hours +he fee afflew4 shall be as set f zh it Chapter� 0 n n N ar wi the City will refund 50 percent of the fee to be e ftia o a upon satisfactory proof that the resident/home owner has installed an appropriate shutoff„ n*ho.. 4. Ai" fee :s ,.hafge,a; e*eef4 �h4 The fee may be waived by the Director if the tumon-/turnoff can be accomplished during the normal course of business and schedules of the crews- 13.36.080 - Water quality test. The Department will conduct a water quality test of a customer's water at the request of the customer Ghapte - 3.70 n n N4r The test fee will be waived if the Department determines that there is a problem within the Citv water system that needs to be corrected by the Citv_ otherwise. the customer will be charged a test fee 13.40.060 - Water meter test deposit. ... A fee will be charged and a deposit required for water meter testing, 13.44.010 - Monthly residential flat rate. r-ate shall The monthly residential flat rate will 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 seetio PANIC August 15, 2023 G - 80 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 monthly customer rate will be charged for 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 fad housekeeping unit only, containing a complete kitchen unit Swdetufes whiek afe tiet " ' " ., and does not include duplexes, fourplexes, apartments, rooming houses, or other multi -family structures. The base rate B. Meter-ed for- to 1,000 feet be 2.521 far- 202� for- 100 feet up eenstimed. eubie shall eaek eubie G. Additional to 1,500 feet be 3.186 fer- 2023 fer- 100 feet eeasuffTtiea tip eetisffffied. e4ie shall eaeh e4ie P. Additietial beyetid 1,500 feet be 3.841 far- 2023 for- 100 feet eetisffwp6Effi eenstimed. eubie shall eaek eubie , August 15, 2023 G - 81 ftW2ff==M; MWEMMM-0 13.44.025 - Commercial and all other monthly metered rates. A. :A monthly customer rate based ubon meter size will be charized to commercial water service customers within the City of Port Angeles. August 15, 2023 G - 82 .:.. B. eaek 100 ,., bie feet eetis„ffie for- 202' A monthly customer rate based upon meter size will be charged to municipal water service customers within the City of Port Angeles. C. A monthly customer rate based ubon meter size will be charized to non-taxable federal water service customers within the City of Port Angeles. Size August 15, 2023 G - 83 Ser--,4ee Size i r_ E 13.44.030 - Industrial usage rate —Within City. t IN' 11M '�- M .... August 15, 2023 G - 84 B. Meter-ed shall be $2. � 6 4 far- 202� far- eaek 100 eubie feet eetisffffied. A monthly customer rate will be charged industrial customers within the City of Port Angeles. 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 does not apply to wholesale customers of the Citv_ whose rate shall be established by contract as set forth in PAMC 13.44.060. 13.44.040 - Rate for user outside City limits. FULL SECTION All water service furnished to a user outside the City limits twill be charged at the rate of 150 percent of the schedule for rates and charges as set f t4 he-ei or as ameade a. This section does not apply to the resale rate and wholesale contract sales. 13.44.050 - Irrigation rate. The following t4hly eist me- eharnos are applieable A monthly customer rate based on meter size will be charged to agriculture and residential and commercial landscaping irrigation service within 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 ,.ha-ge ;s based tipen size of the sore,- as oeifie,a below: August 15, 2023 G - 85 13.44.055 - Resale rate. be as fellows-1 shall eet4ifvde to apply. $0.00670 per- gallen for- 2023. This stifehafge r-efleets the eemme&y valtie of water- fE)r- resale Ew- G. Said stifehafge may be tised for- speeial water- t4ility puTeses stieh as water- system Ew wa Efdftlity the Di et the ptifehase of water- 4E)m the Git�� of PE)t4 Angeles, The Director may aprove the resale or transfer of City water by a customer to a subsequent burchaser outside of Port Anizeles bursuant to PANIC 13.32.020(F)_ subiect to the following conditions: August 15, 2023 G - 86 A. In addition to payment of a surcharge, the regular monthly and usage metered rates for the water service at which the water is obtained continue to apply. The surcharge may be used for special water utilily purposes such as water system or water quality improvement projects. Any fees charged by the customer to the subsequent purchaser are subject to the Director's approval. B. The purchaser is 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. 13.44.060 - Wholesale contract sales. The amount to be paid by wholesale customers twill be established by contract. Wholesale contracts in force and effect prior to January 1, 2009 shall have all consumption charges based on the rate as set forth in Chapter 1.25 PANIC 13.44.070 - Rates —Temporary service and fire hydrant water use. B. The use of water for construction purposes twill be allowed, where available, to construct or reconstruct any building or structure or settle trenches or fills upon approval of an application and payment of a temporary service fee as set forth in Chapter 1.25 PANIC A monthly customer charge based on meter size will be charged. Before sem h tisage, applieation the -e f r shall be 13.44.090 - Service charge. Whenever the department responds to a request outside of regular working hours for assistance to investigate a deficiency in water service to any premises and it is determined that the deficiency is the result of improper operation or maintenance of the customer's plumbing, a charge will be ri,,,,a is required to defray a portion of the .00 Ci 's cost of responding as set forth in Chapter 1.25 PAMC. August 15, 2023 G - 87 13.48.040 - Inspection —Fee —Deposit required. After approval of the plans and specifications, the Department twill provide the petitioner with an estimate of the construction inspection fee. A permit for construction will be issued after the inspection fees and estimated main connection charges as set forth in Chapter 1.25 PANIC have been deposited with the City Treasurer. At such time as the Director determines the remaining funds are not adequate to provide necessary inspection for project completion, the petitioner- sha4 be re of stieh and the City will notify the petitioner with an estimate of additional inspection fee required will ems. The additional fees must be deposited with the City Treasurer prior to depletion of the funds on deposit. Any moneys unexpended from the inspection deposit upon completion of the project twill be returned to the petitioner. 13.54.035 - General provisions applicable to all services. B. A utility service fee, iti aeeei ee with P n r G for- -�-D�-ea eeetiffetiee, shal will be charged when a vehicle must return to collect a refuse container where: the person has not placed the container in the appropriate place of collection; the person has not set out the container in accordance with the scheduled date and time; the person set out an overloaded container; or where the container was blocked by a parked vehicle; provided, no fee twill be assessed until the responsible person is notified that a fee will be charged in such instances. C. It is unlawful for any person in possession, charge or control of any premises in the City, knowing that refuse has been deposited on the premises by the elements, animals, or other causes, to fail to clean up such refuse so deposited in a period of 24 hours. If the refuse is not cleaned up within 24 hours, the City may clean up the refuse and assess the person for the costs of cleanup and administration. Stte , bill shall be a miaimam f e i 00 nn 13.54.040 - Solid waste rates collections. The rates for- solid waste sep,4ees shall be in aeeer-da-aee with seetions 13.54.050 thff)tigh 13.54.120 The rates, charges, and schedules for solid waste collection, recycling and yard waste services are set forth in Chapter 1.25 PANIC. August 15, 2023 G - 88 Section 13.54.050 - Schedule R-01—Residential weekly service, is repealed in its entirety. Section 13.54.060 - Schedule R 02—Residential every other week service, is repealed in its entirety. Section 13.54.070- Schedule R-03—Residential yard waste service, is repealed in its entirety. Section 13.54.095 — Reserved, is repealed in its entirety. Section 13.54.100 - Schedule C-02—Commercial, Municipal and Federal 300-gallon service, is repealed in its entirety. Section 13.54.105 — Reserved, is repealed in its entirety. Section 13.54.110 - Schedule C-03—Commercial recycling service, is repealed in its entirety. Section 13.54.120 - Schedule C-05—Commercial temporary service, is repealed in its entirety. Section 13.54.125 - Schedule I-03—Industrial temporary service, is repealed in its entirety. 13.54.130 - Lien for unpaid garbage collection services. FULL SECTION Upon failufe to pay the ehar-ges for- gaf-bage, r-eeyeliag and yard waste eelleetion seFviees as set fe in this ehapter-, the ameu+4 thereof shall beeeme a lien against the pr-epeAy for- whieh the garbage eelleetietrsei erg er-e'z. Said lierishall be There will be a lien against the property for the deliMuent charges for garbage, recycling and yard waste collection services, subject to foreclosure as provided in RCW 35.21.140 and 35.21.150, by filing with the County Auditor a notice of the City's lien, specifying the charges, the period covered by the charges, and giving the legal description of the premises sought to be charged. I Recycling,PARTIAL SECTION f4eility �ha+ does tiet r-eeei�,,e solid waste eelleetieti sef-,4ee shall be $15.84 per- ffien The Port Angeles School District, and other commercial buildings not otherwise receiving recycling service August 15, 2023 G - 89 and when approved by the Director, may participate in the commercial recycling service for their facilities located within the City limits of Port Angeles. Section 13.57.020 — Rates, is repealed in its entirety and replaced as follows: 13.57.020 — Rates — Contracts - Director's authority. A. The solid waste processing facility rates are set forth in Chapter 1.25 PAMC, subject to the following conditions. 1. Collection entities. a. The City will pav the collection entity charges for municipal solid waste received at the transfer station from the contractor for the Blue Mountain Drop Box operation under the service agreement. The City will pav the collection entity charges for yard waste received at the transfer station from the contractor for curbside collection of yard waste under the service agreement. b. Collection entities that do not provide the City an exemption certificate in accordance with WAC 458-20-250(7) are deemed self -haulers for purposes of determining _ rates. ates. 2. The self -hauler rate may be waived or reduced by up to 50 percent subject to the following requirements: The person requesting a waiver or reduction must submit a written application to the Director at least 30 days before disposal of refuse at the transfer station. The Director will accept or deny the application before refuse is disposed at the transfer station. A waiver may be available for disposal of refuse which is collected as part of a beautification or cleanup program, such as the annual Transfer Station Benefit Dump Day, Clallam County Chain Gang„ and Washington State Department of Transportation Adopt a Highway Program, which must dispose of litter. A reduction may be available for disposal of refuse, which is collected as part of the annual City of Sequim Benefit Dump Day, A reduction may be available to charitable, nonprofit organizations, such as the Salvation Army, St. Vincent DePaul, and Serenity House, the primary purpose of which is provide necessary support for the poor or infirm and which must dispose of unusable donated items. August 15, 2023 G - 90 Pursuant to Chapter 35.83 RCW, a reduction may be applied to the Housing Authority of Clallam County for self -haul of materials left by tenants who vacate housing authority premises and for disposal of demolition debris. All waivers or reductions approved by the Director shall be valid for 30 days and shall be limited to projects that further the public health, safety, or welfare, enhances the environment, or is otherwise in the public interest for parties of the interlocal agreement. Applications Mpproved by the Director must be presented to the scale house attendant at the time of disposal. B. The City may enter into contracts with rates other than as set forth in Chapter 1.25 PANIC, provided that such rates cover the cost of providing the service and the contract provides a benefit to the City not otherwise obtained. C. The Director is authorized to: 1. Establish a different sales price for Class A Compost in response to operating conditions, provided that such price recovers the compost cost ; the price provides a benefit to the City not otherwise obtained; the City Manager, Mayor and Council members of the Utility Advisory Committee are notified, and that the alternate price expires 90 days after adoption by the Director, unless formally ratified by the City Council, in which event the price shall remain in effect to the end of the calendar year. 2. Enter into payment plans and voluntary lien agreements with property owners participating in: (1) a local government voluntary compliance agreement; or (2) a voluntary property clean up, in lieu of nuisance abatement, assisted by a nonprofit organization, such as the Clallam County Hoarding Task Force. 13.57.030 - Disposal regulations. C. The Director may issue transfer station scale house reader cards. and collection entities and self - haulers shA must use reader cards in accordance with the waste acceptance policy. C 'tee et4ifies shall haN�e vehiele tare weigI4 detefmined by the G4y, shall only tise the reader- ear-d for- th she ram:,-,,ete The City will determine collection entity vehicle tare weight. Collection entities must use the reader card only for the vehicle for which it was issued and must use the outer -inbound scale unless otherwise specified by the Director. Self -haulers must always use the reader card at the August 15, 2023 G - 91 inner -inbound and inner -outbound scales_ unless otherwise sbecified by the Director In the event a reader card is lost or misplaced by a collection entity or self -hauler, the person responsible for reader card she is required to pay for all transactions at the transfer station scale house until the Director is notified in writing that the reader ear-d has been lest E)r misp' , o a and a replacement card is obtained. D. It is unlawful for any person to enter the disposal afea of any solid waste processing facility disposal area except when an attendant is present during the designated hours of operation. Self - haulers must place suelrrefuse where directed by the attendant ard shall pay these fees set f 1by the G4y Godneil. 13.61.010 - Purpose. The purpose of this chapter is to establish general rules and regulations for the service and extension of service from, the sewer system of the City of Port Angeles, and to promote the public health, safety, and general welfare of the users of the sewer system, in accordance with standards established by the City, County, State and Federal governments. 13.61.110 - Permit application and issuance. C. The permit application the fee shall be aeeewpa*ied by the fee r-eErdir-ed by this ehapter- or- at+y is set forth in Chapter 1.25 PAMC. 13.61.160 - Fees. The fee for- stiek peRiiit shall be as set f4th iti Chapter- �.:70 . All sewer fees, including„ but not limited to, permit, connection/reconnection, alteration/repair, and capping fees, are set forth in Chapter 1.25 PAMC. 13.62.200 - Extensions —Inspection —Fee Deposit required. FULL SECTION After approval of the plans and specifications, the dDepartment will provide the petitioner with an estimate of the construction inspection fee. A ro.mit for- event.-,,, do construction permit will be August 15, 2023 G - 92 issued after the inspection fees and estimated main connection charges as set forth in Chapter 1.25 PANIC have been deposited with the City Treasurer. If the Director determines that the remaining funds are not adequate to provide necessary inspection for project completion, the City will notify the petitioner with an estimate of additional inspection fee required. The additional fees must be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the inspection deposit upon completion of the project will be returned to the petitioner. 13.63.090 - Annual charge. A. The owners of all real property in the City containing impervious surfaces shall be assessed ^n- ^' stem+ ater-„ ility ehar-ge 4 the r-4e as et f4th i this seetior must pay a monthly stormwater utility charge at the rate set forth in Chapter 1.25 PANIC. B. _ . sees KrasEs�!�e!�r�eee!er.� - ON NO ...„ WN., NO ..... 111101111 I ME Citv streets. State hiahways_ brivate streets with storm and surface facilities in Mace meeting Ci standards, and other public or private owned properties or portions thereof having their own NPDES permitted storm and surface water runoff facilities which do not discharge to City facilities are exempt from the monthly charges. the rate of $203.03. T-h- ---- — -- a! fee for- a eemmer-eial, industfial, or- multiple dwelling dividing the total impep,4 - - - - - . - "are feet by 3,000 s"ar-e feet, times the rate of $193.5 5 Th ffliniR+affi aftt+ttal fee for- a tieti t&iable federal pr-epet4y shall tiet be less tha* the am+ttal fee r-a+e e E. G4y stfeets, state highways, private streets with stem+water- a -ad suffaee f4eilities in plaee meeting G4y standards, a -ad other- p4lie �aed pr-epet4ies or- pet4iefis thereof haN4ag their- own August 15, 2023 G - 93 13.63.100 — Rebates and rate adjustments. A. Stormwater rebates may be issued for retrofit, new development or redevelopment projects that meet the following conditions: 1. Overall project with less than 5,000 square feet of new or replaced hard surfaces, and implements two or more of the following: a. Permeable pavement; b. Compost amended soils per BMP T5.13 in all disturbed area not covered by new improvements; c. Rain gardens designed and maintained in accordance with the Department of Ecology's SWMMWW (2014). 2. LID facilities and best management practices (BMPs) listed in subsection A.1 above, must be designed and maintained in accordance with the Department of Ecology's SWMMWW (2014). 3. $ 1,000. 00 per- t enter,,) or-btisi ess 1,000.00, per- hettsehold or- • Overall project is less than the minimum requirement 95 threshold (see Chapter 5 of the City of Port Anizeles Urban Service Standards and Guidelines) or is a retrofit broiect that implements a rain _garden. August 15, 2023 G - 94 A property owner may request a rate adjustment to the monthly charge, only if the property contains no hard surfaces or if the property owner disagrees with the City's rate calculations. A request for an adjustment must be submitted in writing to the Director of Public Works and Utilities. If the property contains no hard surfaces, the rate will be adjusted to zero. If the City's calculations are incorrect, the rate will be adjusted accordingly. Approved adjustments will be applied prospectively except that the City will reimburse the property owner for overcharges paid for the year during which the adjustment is requested and for the prior year. C. 13.63. 100, only if the pr- as ne hard suffaees E)r- if the pr-epeFty owner- disagrees with the iaeeFFeet, the rate shall be aojtisted aeeer-diagly. Appr-eved aojtistmet4s will be applied pr-espeeti e*eef4 that r-eiwbuf seffiet4 for- ever-ehar-ges paid by the pr-epe be fflade by the City fef Any person aggrieved by a decision of the Director of Public Works and Utilities relating to a request for a rate adjustment authorized by PAMC 13.63.110 may appeal the Director's decision to the City Manager within 30 days of the date of the Director's decision. The City Manager's decision is final. shall be fit1 1 13.63.350 - Extensions —Inspection —Fee Deposit required. After approval of the plans and specifications, the dDepartment will provide the petitioner with an estimate of the construction inspection fee. A construction permit will be issued after the inspection fees and estimated main connection charges set forth in Chapter 1.25 PAMC have been deposited with the City Treasurer. If the Director determines that the remaining funds are not adequate to provide necessary inspection for project completion, the petitioner- shall b� August 15, 2023 G - 95 tietified of stte , and ar stiffs +e the City with notify the petitioner with an estimate of additional inspection fee required. The additional fees must be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the inspection deposit upon completion of the project twill be returned to the petitioner. 13.63.410 - Inspection. D. The Getffieil shall establish fees far- steR*wa+er- fela+ed itispeetietis. hispeetieti fees shall be detailed it the P ^ MG 110. Stormwater related inspection fees are set forth in Chapter 1.25 PAMC. 13.64.060 - Fees. septage hauler- eepvtraet is made, no awmal fee sha4 be ehafg Each discharger must pay an annual fee in addition to a monthly fee for the volume that is discharged at the sewage treatment plant as set forth in Chapter 1.25 PAMC; provided that no annual fee is required for a long-term septage hauler under contract with the City. Such contract must be for a term of at least one year. For purposes of determining the rate tinder- PAMG 3.70.110. 1 fresh waste is waste that has not begun to decompose or waste chemically treated to reduce BOD and suspended solid loading. Fresh waste has a BOD5 loading less than 400 mg/l and a suspended solids loading less than 400 mg/l. All other waste is deemed septic discharge. 13.65.005 — Wastewater rate. pplieable twies. The monthly rates for wastewater service are set forth in Chapter 1.25 PAMC. 13.65.006 - Rate class assignment. The Director of Public Works and Utilities will assign each customer to a rate class. August 15, 2023 G - 96 Section 13.65.010 — Single residential unit monthly rate, is repealed in its entirety. Section 13.65.020 — Commercial and industrial rate, is repealed in its entirety. Section 13.65.025 — Municipal and Federal rates, is repealed in its entirety. Section 13.65.030 — Commercial and industrial equivalent plumbing fixture rate, is repealed in its entirety. Section 13.65.035 — Reserved, is repealed in its entirety. Section 13.65.040 — Rate for customers outside City limits, is repealed in its entirety. 13.66.020 - Lincoln Street storm sewer connection charge —Amount. rtaias 500 e feet e of;ri,. iffaee. The Lincoln Street storm sewer connection charge is set forth in Chapter 1.25 PANIC. 13.67.020 - Milwaukee Drive trunk sewer connection charge —Amount. w4er—meter�Eter—asdefined it P ^ N4G ' 3.69.05 . The Milwaukee Drive trunk sewer connection charge is set forth in Chapter 1.25 PANIC. 13.68.030 - Application for developer reimbursement agreement. B. The application must be on a form prescribed by the City Engineer and wmst be aeeew'Paviied by include the fee as set forth in Chapter 1.25 PANIC. 13.68.130 - Administration costs. reiw,btifsemet4 char-ge as-Teiwbufsemet4 f the City's administFation nests. Each developer reimbursement charge will include a fee for reimbursement for the City's administration costs as set forth in Chapter 1.25 PANIC. 13.69.030 - Water system development charge. August 15, 2023 G - 97 ineitiding pumps, well, distfibt4ion a -ad transmission lines, reservoirs, r-igl4s of ways aPA easements-, has been borne by the G4y a -ad its water system tisers. PtirstiapA to R-GAL 3 5.92.025, sinee stieh water - the stem. as their equ4able share of the eapital eest of the system. Beginning ja+mafy 1, 2011, the G4y Gou �e the eity's wa+er- system shettid bear as their- eqtiitable share of �he eapital eest 6 G. in addition to other fees imposed by ordina-nee E)f: pwstiapA to agfeemei4s, there is hereby impesed7 tipen the owners E)f prepeFty seeking to provide water seFviee to their property by eemieetifig to i ti�B. The City Council hereby finds and determines that the capital cost of the City's water system including pumps, well, distribution and transmission lines, reservoirs, rights of ways and easements, has been borne by the City and its water system users. Pursuant to RCW 35.92.025, the City has established a reasonable connection charge as set forth in Chapter 1.25 PANIC in order that newly connecting properties bear their equitable share of the capital cost of the system. Such charge is in addition to other fees imposed by ordinance or agreements. 13.69.040 - Sewer system development charge. r.�ii.r.��sar�resesr�■.*ea;ss:es��es�.rsaepeesrrss.tisss.r:�resz��sse.r.� ............. . M. . W. IN 10. August 15, 2023 G - 98 above.applieable twies, per- e"ivalet4 w4er- meter- r-epr-eset4s a r-easenable basis for- a fair- sewer- syst meter-s r-epr-eset4s a r-easenable basis for- a fair- sewer- system develepm&4 ehar-ge th4 pr-epe4y ewaef:s fiewly ewmeeting to the Gity's sewer- system shetild bear- as their- e"itable share of the eapital eest of the systeffl. king to pr-evide sewef: seFviee to their- pr-epeF�y by )the G4y's sewer- system, they shall pay to the Gity a sewer- system develepm&4 ehar-ge deteFmiaed by Witthiplying the teta The City Council hereby finds and determines that the capital cost of the City's sewer system including the treatment plant, collection lines, pump stations, rights of ways and easements, has been borne by the City and its sewer system users. Pursuant to RCW 35.92.025, the City has established a reasonable connection charge as set forth in Chapter 1.25 PANIC in order that newly connecting broberties bear their eauitable share of the capital cost of the system. Such charize is in addition to other fees imposed by ordinance or agreements. 13.70.030 - Ediz Hook sewer connection charge Amount. sepviee fxEter—aealettlated by theDir-eeter of P41ie Alefks ^ad T 44i The Ediz Hook sewer connection charge is set forth in Chapter 1.25 PANIC. 13.72.030 - Upper Golf Course Road sewer connection charge —Amount. The Upper- Golf Gowse Read sewer- eemieetion ehar-ge shall be $1,96 . The Upper Golf Course Road sewer connection charge is set forth in Chapter 1.25 PANIC. CHAPTER 13.73 - PART C - FEES 13.73.300 - Utility rate setting. August 15, 2023 G - 99 A. Fee fefR+til . A monthly service fee for the operation of the utility semis established time to time by ding- ee of the City Getineil in conformity with RCW 35.21.766. The ^ +4 4 B. Classifications. The monthly service fee sha4-will be collected from each of the following utility user classifications: 1. Residential. 2. Adult family homes. 3. Assisted living facilities. 4. 24-hour nursing facilities. 5. Group homes. 6. Jail facilities. 7. Schools. 8. Commercial/business. 9. City public areas. The owner or occupant of each unit in such classifications shads responsible for payment of this utility fee for the availability and use of ambulance services. C. Service fee exemptions/reductions. 1. All vacant, unoccupied parcels are exempt from the utility fee. 2. Utility customers may be eligible for the City's Senior and Disabled Low Income Discount pursuant to PAMC Chapter 13.20. August 15, 2023 G - 100 3. Any change in use of a parcel or any other change in circumstance that eliminates application of an exemption from the service fee twill immediately make the affected property subject to applicable service fees. The service fee shall bo,.eme is due and payable as of the date the exemption no longer applies. 4. Monthly rates will not be prorated. Initial and final charges may be prorated in accordance with the City's standard utility proration practices. 5. Any customer seeking an exemption from payment of the service fee and/or conversion from covered to exempt status, must file a written petition i this seetion for an exemption with the Finance Director. 6. The combined rates charged shag reflect an exemption for persons who are (Medicaid eligible and who reside in a nursing facility, boarding home, adult family home, or receive in -home services. 7. The combined rates charged may reflect an exemption or reduction for designated classes consistent with Article VIII, Section 7 of the State Constitution. 8. The amounts of exemption or reduction twill be a general expense of the utility, and designated as an availability cost, to be spread uniformly across the utility user classifications. 9. Multiple residential units that are served by a single utility connection shall be gi or have the option of (1) paying the utility fees for the units as a single combined amount or (2) charging a monthly fee to each unit occupant. Those that select the first option shall be are entitled to a rate adjustment based on average occupancy, and receive a 25 percent reduction from the utility fees ealetilated r r* to seetion 1 73 4 10. Federal or state subsidized multi -family housing complexes that are served by a single utility connection twill receive a 30 percent reduction in the combined rates charged from the utility fees ealetilated r r* to seetion 13.73.4 For purposes of the r eedifig r*en this subsection, subsidized housing means housing provided to people who are categorized (1) as low-income, and (2) are 65 years of age, or have mental or physical disabilities or who without the subsidized housing, would be homeless. D. Periodic service fee review. The City Manager his/her- desigre will periodically perform financial review and analysis of the utility's revenues, expenses, indebtedness, fees and accounting, August 15, 2023 G - 101 and recommend budgets, fee adjustments and financial policy. Ma-aagef: E)r- his designee shall r-eeemmead eha-ages, ameadmet4s E)r- additions for- adeption by the Goy Gets ei:. amendments or additions for adoption by the City Council. E. The total revenue generated by the rates and charges shall not exceed the total costs necessary to regulate, operate, and maintain an ambulance utility. 13.73.310 - Payment. The monthly utility charge will be collected in accordance with Chapter 13.16 PANIC; Pprovided that, customers who have multiple utility accounts will be billed for one monthly charge for each service address. 13.73.330 - Billing for ambulance transports. Each person who is transported by the City's Medic I Program shall be billed by the City at the rates set it �.70 095 P ^ r4G forth in Chapter 1.25 PANIC. However, each person assessed a monthly utility charge under PANIC 13.73.300 and who is: (1) a City resident, or (2) is an employee of a business within the City of �his will not be billed beyond their insurance coverage, and any co - payments and deductibles are deemed to be satisfied by payment of their monthly utility charges, provided the esider* or employee ep rson: (1) supplies the City with all requested information and documentation including, but not limited to, insurance information and medical records relative to billing for the ambulance service; and (2) assigns to the City the patient's right to receive payment from all applicable third -party payers. For the purpose of this section, a City resident refers to a person who has no fixed or establish 7 plaee of r-esidenee et4side the Gity, t4ilizes the dwelling tinit inside the Gity as a fixed abode, an is not a guest, visitor, or other temporary inhabitant and whose sole residence is in the City. A student who is regularly enrolled in an educational institution outside the City, but who would normally and regularly be a City resident but for attendance at such educational institution, shall be deemed to side within tke Goy is deemed a resident. Chapter 13.73 — Part D, which includes section 13.73.400 — Charges established, and section 13.73.410 — Medicaid adjustment, is repealed in its entirety. August 15, 2023 G - 102 13.75.030 - WUGA water connection charge Amount. ■ iiiMm-M, ■I Pff I T WMM■ .• The WTJGA water connection charge is set forthChapter 13.75.050 - WUGA wastewater charge connection charge Amount. , as defitied it n n r G i .69.050. The WUGA wastewater connection charge is set forth in Chapter 1.25 PANIC. 13.75.090 - WUGA water and wastewater connection charges —When collected. ---- ---- --- -----_-- -----a-- ---- -- --- --- --------_------ ---- -�------ ----r-------------a-- For existing DCWA customers being disconnected from DCWA and connected to the City water system, �hese-fees must be paid to the City within 14 days of the applicant's receipt of the refunded amount of applicable membership share(s) from DCWA. For all other customers, fees must be paid pursuant to Chapter 1.25.020. August 15, 2023 G - 103 August 15, 2023 G - 104 TITLE 14 14.01.090 - Appeals. D. Filing of appeals. An appeal fflay be filed w4h the Bea to the Board may be filed by any person having legal standing or a legal interest in the building or land involved in the appealable issue appeal shall be filed in writing with the Goy Clefk by filing a written notice of appeal with the City Clerk and paying the fee set forth in Chapter 1.25 PAMC within 30 days from the date that notice of any appealable action is served by either personal delivery or by deposit in the United States Mail, except where other service is specifically provided in the construction codes. The filed appeal must contain: 14.03.040 - Fees. r-etiewal of �he pefiiiit a*d payffiet4 of r-etiewal fees, a+ etie half �he or-igitial fee. All fees afe aeP&ef4adabk- Any The building code fees are set forth in Chapter 1.25 PAMC. 14.05.140 - Inspection and permit fees. A. The fees for electrical work permits are set forth in Chapter PAMC. B. Block permit. A firm, corporation, or other entity that has a regularly employed electrical maintenance staff, which is exempted from the requirement to have an electrician certificate of competency by RCW 19.28.610, may fflay ehoeseteptifekas obtain an electrical block permit for work done by in-house electrical personnel rather than a work permit for each installation or alteration in accordance with this section. Work done by contractors shall not be is not included in August 15, 2023 G - 105 thi-,a block permit. The Inspector will track work requested under the block permit until an equivalent worth of work is reached, after which additional fees will be charged. C. A fee of two times the regular permit fee twill be charged for work that was st Ae without a permit. except in the case of an emergency when such work was urgently necessary as determined by the Inspector, making it impractical to obtain a permit prior to commencing the work. A permit must be obtained within 48 hours after the start of such emergency work. 14.21.025 - Inspection fees. Inspection fees shall provided in the International Fire Code unless otherwise pr-Ovided i set forth in Chapter 1.25 PAMC. 14.23.030 - Permits. A permit shads required prior to the installation of commercial fire alarm systems. The fire alarm plan review, inspection, and testing fees shall apply as »reseed i PAW W 3.70.090 are set forth in Chapter 1.25 PAMC. No fees apply to non - required systems. 14.26.050 - Appeals. Getia&4. Appeals under this chapter may be heard by the Fire Chief, Building Official, and member of the building industry appointed by the City Council upon filing of a written notice of appeal and pang the fee set forth in Chapter 1.25 PAMC. Decisions of this body are final and non -appealable. 14.32.060 - Fees. B. The btiildiag moving pefmit fee shall be established by or-dina-Ree of the City Getineil as set August 15, 2023 G - 106 G. The ktilding moving peFmit fee sha4l be non Feftindable. The building moving permit fee is set forth in Chapter 1.25 PANIC and is in addition to all other fees for construction or relocation of the building on the new site. 14.32.080 - Permit issuance. A. The City will issue a building moving permit only if the following are met: 1. All requirements in this chapter have been complied with; 14.32.110 - Appeal. Any person aggrieved by the denial or conditioning of a permit under this chapter may appeal such action to the Director of Public Works by filing a notice of appeal with the Building Official and paying the appeal fee set forth in Chapter 1.25 PANIC within ten calendar days following the date of the Building Official's decision. 14.36.040 - Permit. B. Permit application. Each permit application must be filed with the Building Division by the property owner, lessee, contract purchaser, or other person entitled to possession of the property, or by an authorized agent, on a form provided by the City, and shall eel4ai and include the following: 5. Reg„ red fa ---The fee set forth in Chapter 1.25 PANIC. August 15, 2023 G - 107 C. Getineilby r-esoltition shall paid to the Btiil iag Divisi Permit expiration. If the work authorized under a sign permit has not been completed within 180 calendar days after the permit issuance, the permit will expire and any subsequent work requires a permit renewal and payment of renewal fees. 14.36.130 - Violation —Penalty. by ., fire not t o o e $500 nn nn daysin ai- A. Any person violating any provision of this chapter is guilty of a misdemeanor. B. In addition to any other fines or penalties, M person, firm, or corporation who erects, re -erects, constructs, alters, or maintains a sign without a permit, except as provided by the PANIC, must pgy double the required permit fee as a penalty. 14.40.170 - Revocation of permit —Appeals. B. Upon revocation, the permit holder shall hw e a ,-i& of may appeal to the Hearing Examiner per seet r 2. 18 ntic The holder- shalt „"r for days of the r tiee f give ttee t hee PANIC 2.18.065 by filing written notice to the City Clerk and paw_ the he appeal fee set forth in Chapter 1.25 PANIC within ten days of the notice of revocation. The Clerk twill place the petit '��t�appeal on the agenda of the next regularly scheduled Hearing Examiner meeting, and and provide written notice of the date, time, and location of the meetingto o the permit holder. 14.40.180 - Decisions of the Director of Department of Community and Economic Development —Appeals. A. Any person aggrieved by the decision of the Director of Community and Economic Development may appeal the decision to the Hearing Examiner per seetion 2.1 8.065 PANIC 2.18.065 by filing August 15, 2023 G - 108 written notice to the City Clerk and paw_ the he appeal fee set forth in Chapter 1.25 PAMC within 14 days following the date of the Director's decision. GB. The Hearing Examiner twill conduct an open record hearing on the appeal of the e ofr mfnt r4y and Eee mie Dee pmet s Director's decision. The Hearing Examiner's decision shall final unless appealed to Clallam County Superior Court in accordance with PAMC 18.02.130. August 15, 2023 G - 109 TITLE 15 15.04.250 - Fees. The fees for actions by the Citv in accordance with this Chabter are set forth in Chabter 1.25 PAMC proposal.PAMG, shall be r-eErdir-ed of the pr-epeti&4 of the A fee is required for every environmental assessment to be berformed by the Citv when the Citv is lead aizencv. This fee must be collected prior to undertaking the threshold determination, and the time periods provided by this e pte - for making a threshold determination ado not begin to run until payment of the fee B. Environmental impact statements. 1. For all proposals requiring an EIS for which the City is the lead agency and for which the responsible official determines that the EIS must be prepared by employees of the City, the City may charge aa reasonable fee to cover costs incurred by the City in the preparation of an EIS. of-a*d sh Applicants must post bond or otherwise insure payment of such costs. 2. The responsible official may determine that the City will contract directly with a consultant for preparation of environmental documents for activities initiated by some persons or entity other than the City and may bill such costs and expenses directly to the applicant. Such consultants twill be selected by mutual agreement of the City and applicant after a call for proposals. Applicants may be required to post bond or otherwise insure payment of such costs. 3. If a proposal is modified so that an EIS is no longer required, the responsible official will refund any EIS costs collected iffider- kvisietis 1. *d 2. of this subseetie;i Whiek were elleete' for- eests not rod- but not incurred. C. No fee shffI47will be collected by the City for performing its duties as a consulted agency. D. The City may charge pefsen for copies of any document prepared pursuant to the this chapter, . E. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal. August 15, 2023 G - 110 15.04.280 - Appeals. The City of Port Angeles establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: A. Any agency or person aggrieved by an action of the City may appeal the City's procedural compliance with Chapter 197-11 WAC for issuance of the following upon paving the appeal fee set forth in Chapter 1.25 PANIC: 15.08.020 - City of Port Angeles Shoreline Master Program. CHAPTER 7 Administrative Provisions D. Variances. 1. Variances - Generally. The Shoreline Administrator or otherwise authorized designee shall have the authority to make findings, conclusions and recommendations on shoreline variances. The uear „g E*a „e The appointed reviewing body shall have the authority to hear and take action on applications for variances as authorized by subsection A above. The application for a variance shall be made on forms prescribed by the Shoreline Administrator and shall be processed and acted upon in the same manner as is provided for conditional shoreline development permits. If a variance application is not merged with a pending substantial development permit application, the applicant shall pay the City the fee established in PAW 3—Chapter 1.25 PANIC. All variances issued by the City must be submitted to the Department of Ecology for its approval or disapproval in accordance with RCW 90.58.140(10). Variances require a public hearing as outlined in subsection A.2 above. E. Permit Application. 1. Application Process. The Administrator shall provide the necessary application forms for shoreline substantial development permits, conditional use permits and variance permits. a. The applicant shall provide, at a minimum, the following information: August 15, 2023 G - 111 1. The most recently updated Joint Aquatics Resource Permit Application (JARPA) form Whe 2. The State Environmental Policy Act (SEPA) checklist when detefmined-a "eab1e by the 3. The filing fee in an amount as set forth in Chapter 1.25 PANIC. 15.20.110 - Appeals. B. Appeals shffI47must be submitted to the Planning Division in writing within 14 days following the d +e of tietifte, +iet of t,aeeisiet . decision date and include the appeal fee set forth in Chapter 1.25 PAMC 15.24.060 - Procedures for wetland permits. C. Permit applications. 4. Filing fees: At the time of an application or request for delineation, the applicant must pay a filing fee as set forth in Chapter 1.25 PANIC. De e'opment The City may use these fees to retain expert consultants to provide services pertaining to wetland boundary determinations, functional assessments, and evaluation of mitigation measures. tThe Director of Community and Economic Development may assess additional reasonable fees as needed to monitor and evaluate permit compliance and mitigation measures. 15.28.130 - Permit fees. providing for- et4side eenstilting seFviees, a -ad other- sep,4ees deter -mined to be neeessafy for- t August 15, 2023 G - 112 The permit fees are set forth in Chapter 1.25 PANIC. Such fees shall only only when plans or other documentation are required to be submitted with permit applications for grading and filling or clearing and drainage activity, and no building permit including such activities has been issued. The pefmit fee shall be In addition, -Rafter approval of the plans and specifications, the City Engineer twill provide the applicant with an estimate of the construction inspection fee, based upon the inspections which will be necessary as listed in 15-.28.' tin n ^ r a- PAMC 15.28.160. A construction permit will be issued only after the deposit of the inspection fee has been made with the City Treasurer. If the City Engineer determines that the remaining funds on deposit are not adequate to pay for the inspections required for project completion the City will notify the applicant with an estimate of the amount of additional shall be deposited with the City Tr -ea depletieti of fee deposit required. This additional fee must be deposited with the City Treasurer prior to depletion of the funds on deposit. Any monies unexpended from the deposit will be refunded to the depositor upon final completion and acceptance of the project. The basis of 15.28.210 - Appeals. Any person or persons aggrieved by any action of the City Engineer pursuant to the r,-evis e this Chapter may file an appeal as set f t4h it seetiet ' 8.08 ' �0 P ^ MG to the City Manager upon payment of the appeal fee set forth in Chapter 1.25 PANIC. August 15, 2023 G - 113 TITLE 16 16.04.050 - Application forms. D. The short subdivision application fee is set forth in Chapter 1.25 PANIC. 16.04.120 - Appeals. B. Appeals 's shall be s4mitto a Appeals must be submitted with payment of the appeal fee set forth in Chapter 1.25 PANIC to the Community and Economic Development Department in writing within 14 days following the date of mailing the decision to the applicant. 16.08.050 - Procedure. B. Preliminary approval. The developer or the developer's surveyor shall transmit six (or more if required) copies of the preliminary plat, together with the filing fee set forth in Chapter 1.25 PANIC, to the Community and Economic Development Department. The ri,ew4 of the filing fee shall be as established by or-ditia*ee a*d set fet4h iti Chapter- �.70 PAN The Community and Economic Development Department will submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the preliminary plat is on its agenda. 16.10.020 - Application. The following items are required, in quantities specified by the Community and Economic Development Department, for a complete binding site improvement plan (BSIP) application, unless waived by the Planning Director as not being applicable: A. Complete BSIP application form with fee as set forth in Mtffi eip ' repo Chapter 1.25 PANIC. August 15, 2023 G - 114 B. Complete State Environmental Policy Act (SEPA) checklist and fee set forth in Chapter 1.25 PANIC. 16.10.100 - Appeals. B. Appeals shag must be submitted to the Community and Economic Development Department in writing within 14 days following the date of mailing of the decision to the applicant and shag be accompanied by the r-eqttir-e appeal fee as set forth in Chapter 4-7-91.25 PANIC. 16.12.050 - Application. Application for a boundary line adjustment shall must be made to the Community and Economic Development Department and include the fee set forth in Chapter 1.25 PANIC. The application must include the signatures of all property owners affected by the adjustment. In addition, an 18-inch by 22-inch drawing, drawn to scale, must be provided with the following information: 16.12.080 - Appeals. B. Appeals must be submitted to the Community and Economic Development Department in writing within 14 days following the date of mailing the decision to the applicant and include the appeal fee set forth in Chapter 1.25 PANIC. August 15, 2023 G - 115 TITLE 17 17.13.090 - Trailer parks. B. . Permit fees are set forth in Chapter 1.25 Mu 17.26.065 - Right-of-way use fee. In addition to the administrative conditional use permit fee, retail stand uses that are to be located within City right-of-way shall required to pay to the Goy of D^4 Angel an annual rental fee as set forth in P ^�� .70. Chapter 1.25 PAMC whiek shall be paid prior- to itiitial eeeepa*ey on a pro-rata basis for use beginning during the calendar year and must be paid on January 1 of each calendar year thereafter. 17.46.050 - Application procedure. C. initial plie do fee i the ameu+4 f e, 000 00 The application fee is as set forth in Chapter 1.25 PAMC. 17.46.060 - Extension of conditional certificate. The conditional certificate may be extended beyond its initial three-year term by the Director for a period not to exceed 24 consecutive months. The applicant must submit a written request stating the grounds for the extension accompanied by the fee as set forth in Chapter 1.25 PAMC. No conditional certificate semis eligible for more than one such extension. An extension may be granted if the Director determines that: 17.96.080 - Variances. August 15, 2023 G - 116 B. Application requirements. A request for one or more variances must be made by filing an application, a -ad the reqir-ed fees „ liae ter- 3.70 PAW, with the Department of Community and Economic Development at least 30 calendar days prior to the review authority's consideration of the application. The application must be accompanied by the materials noted on the application ehee list as provided by the r,epaFt „or*. The Community and Economic Development Staff may require the applicant and/or representative to furnish such additional written information or supplemental materials as necessary to enable staff and the review authority to dete i re'_�a�'_ process the application. 17.96.090 - Filing fees. A fee for- �he filitig a*d appliea+ietis for- all peRiiiits r-eqttifed by �his title shall be pa at the time an applieation is s4mitted. The ameu+4 of the fee shall be as established by or-dina-nee .a -ad set qfth i Chapter- 3.70 PAN g ar The fees for the filing and processing of applications for all permits required by this Title are set forth in Chapter 1.25 PANIC. 17.96.150 - Appeals. Any appeal of a final decision rendered by the Director of Community and Economic Development pursuant to this title shall must be filed with the Hearing Examiner within 15 days of such final decision and include payment of the appeal fee set forth in Chapter 1.25 PANIC or be barred. 17.96.170 - Zoning code amendment. Application. Any person wishing to apply for an amendment to this Zoning Ordinance must submit a completed application and a filing fee ' as set forth in Chapter 1.25 PANIC to the Department of Community and Economic Development, together with any information necessary to comply with the requirements of the State Environmental Policy Act (SEPA) Chapter 43.21C RCW. August 15, 2023 G - 117 TITLE 18 18.04.050 - Comprehensive Plan amendment proposals. B. Comprehensive Plan amendment proposals must be accompanied by payffiet4 of -a pr-eeessiag fee as established i the G4y's fee di ree a processing fee as set forth in Chapter 1.25 PANIC. August 15, 2023 G - 118 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 , 2023. Kate Dexter, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Kari Martinez -Bailey, City Clerk August 15, 2023 G - 119 �U P-QUANGELES CITY COUNCIL uiGu �rrtrti �u�,u,' WASH I N G T O N, U.S. MEMO Date: August 15, 2023 To: City Council From: Calvin W. Goings, Assistant City Manager Shannen Cartmel, Community and Economic Development Manager Subject: Resolution on Lodging Tax Policy and Fund Disbursement Scoring Criteria Summary: On March 30 and June 8, 2023, the Lodging Tax Advisory Committee reviewed, revised, and recommended approval of changes to Resolution 11-21. This resolution provides lodging tax funding guidance through disbursement categories; separate funding priorities for non-event and event proposals; and scoring criteria for non-event and event proposals. Funding: As proposed, the enhanced policy will ensure a balanced approach to funding of lodging tax eligible expenditures. The changes will provide better funding guidance through revisions to the priorities and scoring criteria for both non-events and events. Application scoring specific to the type of request provide a nexus between the priorities and the application process as it relates to the scoring criteria. Recommendation: Pass the resolution, which adopts revised policies regarding the application and budgeting of lodging tax funds. Background / Analysis: On March 30, 2023, the Lodging Tax Advisory Committee began a discussion to evaluate the Vision, Goals and Priorities for Lodging Tax Funding Programs document approved by the City Council in Resolution 11-21. The Lodging Tax Advisory Committee 2023 budget process identified the need for a more robust relationship between goals, funding priorities, and scoring criteria. Members voiced difficulty in scoring and awarding funding to LTAX funding applicants. On June 8, 2023, the Lodging Tax Advisory Committee completed their comprehensive review and revision of the Vision, Goals and Priorities for Lodging Tax Funding Programs document and recommended its approval to City Council. Changes to Resolution 11-18 include: • Inclusion of support for tourism capacity for non-event applications. This includes the operation of activities that a visitor can attend, visit, or take part in when staying overnight; • Defining a new event as operating for less than 5 years; • Removal of the event priority to support events that demonstrate county -wide benefits; • Changing the minimum funding for legacy events to $5,000; and • Creating new scoring criteria that includes separate scoring for new events, legacy events, non- event capital facilities and projects, and non-event operations and marketing. Funding Overview: The policy will: Ensure a balanced approach to funding of lodging tax eligible expenditures; Provide better evaluative guidance for Lodging Tax Advisory Committee review of proposals; and August 15, 2023 H - 1 • Provide better guidance for applicants. These enhancements to Lodging Tax Advisory Fund oversight will result in a more transparent and sustainable approach to tourism promotion, activities, and investments. Attachments: Draft Resolution with attached Vision, Goals and Priorities for Lodging Tax Funding Programs document. 2. Draft June 8, 2023 Lodging Tax Advisory Committee minutes August 15, 2023 H - 2 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending Lodging Tax Advisory Committee Policies by adding Lodging Tax Funding Program goals and priorities to the Policies. WHEREAS, policy direction by Council is indispensable for the establishment of good government; and WHEREAS, on August 18, 2021, Council adopted Resolution No. 11-21 setting forth guided policies for the allocation and administration of lodging tax funds; and WHEREAS, City staff proposes changes to the existing policies to improve the processes for execution of tourism -related contracts and to achieve a better balance in the City's approach to promoting our local tourism economy; and WHEREAS, the Council finds that the revised policies as attached in Exhibit A enable the City to achieve a balanced and sustainable approach to promoting our local tourism economy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that: 1. The 2021 Lodging Tax Advisory Committee Guided Policies is hereby repealed and replaced with the 2023 Lodging Tax Advisory Committee Guided Policies, which is attached as Exhibit A. 2. Exhibit A is hereby approved and adopted. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 2023. Kate Dexter, Mayor August 15, 2023 H - 3 ATTEST: Kari Martinez -Bailey, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney August 15, 2023 H - 4 „�� P-Q-RTANGELES LODGING TAX Glll”, UK««< ?ii w A s H I NC —TON, U.S. ADVISORY COMMITTEE Vision, Goals, and Priorities for Lodging Tax Funding Programs Vision: To best utilize lodging tax funds to create a welcoming and inviting community with facilities and activities that increase tourism -related revenue through a sustainable visitor experience. Goals: 1. Foster and maintain a healthy and diverse tourism sector that thrives. 2. Fully utilize and promote creative uses of existing facilities. 3. Improve the quality of experience and relationships for tourists and residents while diminishing any negative impacts from tourism -related activities and traffic. 4. Promote partnerships and increase tourism by concentrating on priorities identified by residents and the tourism industry. 5. Focus on our unique Port Angeles assets, making us a premier destination for environmentally and fiscally sustainable recreation and tourism. 6. Encourage collaboration recognizing that Olympic Peninsula -based tourism supports and benefits all communities. Annual Funding Disbursement: The expected outcome of the funded activities is to increase economic activity in Port Angeles through the overnight lodging of tourists, tourism -related expenditures, and construction of tourism -related facilities per RCW 67.28.1816 Funding categories and their percentage of annual expenditure should approximate: • Tourism -related capital facilities — 20% plus 5% reserved. Reserves are to be taken from the initial annual projected available revenues before LTAC considers expenditure allocation and budget for the annum. Capital Facility expenditures are to be used for the following: o New Construction o Improvement and renovation • Tourism -related marketing — 25% • Tourism -related non-profit business operations — 33% • Events and festivals designed to attract tourists —12% • LTACPriorities —5% Funding Priorities — Non-events: • Lend support to diverse and sustainable tourism activities to encourage visitors to enjoy longer stays and return often. • Support the increase of tourism capacity, where capacity is defined as the broad number of activities within the community a visitor can attend, visit, or take part in when staying overnight. • Assist the maintenance establishment tourism -related capital facilities, including: o Wayfinding and Interpretative Signage, o Public Restrooms o Transportation facilities, and August 15, 2023 H - 5 o Passive recreational park facilities (benches, walkways, and lighting). • Support efforts to improve information on attractions and facilities. • Fund proposals that encourage and enhance tourism during the off-peak time as stated below. • Promote tourism highlighting Port Angeles assets — its natural beauty, geology, outdoor activities, anthropology, community events, lifelong learning opportunities, history, culture, and the arts. • Develop critical community assets that function as destinations or venues for multipurpose events basis year-round. • Create partnerships and synergies with existing organizations to develop and promote attractions and events for visitors. • Develop innovative opportunities that improve the tourist/resident relationship • Improve the effectiveness of coordinated transportation and trail linkages. • Support promote organizations and projects promoting coordination and cooperation in tourism activities. Funding Priorities —Events: • Event Funding is capped at $10,000 per year per event for new events (events in operation for five years or less). • Event funding is capped at $5,000 per year per event for legacy events (events in operation six years or more). • Review events also based upon intangible benefits for the community, including arts and culture, local economic development, and regional/statewide/national/international exposure. • Lend support to a diverse range of tourism -sustainable activities to encourage visitors to enjoy longer stays and return often. • Encourage events to become self-sufficient. • Encourage the creation of new events and off-peak that drive an increase in Lodging Tax. • Encourage the potential growth of existing events. Support organizations and projects that promote coordination and cooperation in tourism activities. • Develop innovative opportunities that improve the tourist/resident relationship. • Support events demonstrating regional marketing and marketing partnerships with other local/regional marketing organizations. • Support Projects that demonstrate a clear marketing strategy and business goals. Scoring Criteria for New Event Grant proposals —100 possible points: 1. The project or event plan is clear, and the proposal reflects enough detail to effectively determine the potential to result in overnight tourist stays in lodging establishments within the City. (25 pts.) 2. This project statistically demonstrates a result in overnight stays. (Room nights: 20 pts. — over 200, 15 pts.—100-200, 10 pts. — 50-100, 5 pts. — less than 50) 3. The proposal demonstrates that the organization is working in partnership with fellow organizations and businesses. (20 pts.) Exhibit A at 2 August 15, 2023 H - 6 4. The project has clear marketing goals and a defined promotion plan. (10 pts.) 5. This project occurs in non -demand periods (10 pts) 6. The project lends itself to complement other events in the community and helps create a diversity of opportunities (arts, culture, recreation, education, or historical significance) (10 pts.) 7. The event proposal defines additional revenue benefits beyond overnight stays (likely diners, shoppers, paid parking, etc.) (5 pts.) Scoring Criteria for Legacy Event Grant proposals —100 possible points: 1. Demonstrates a proven track record to result in overnight stays by tourists in lodging establishments within the City. (25 pts.) 2. Demonstrates ability for continued increase in overnight stays by tourists in lodging establishments within the City. (25 pts.) 3. This project occurs in non -demand periods. (20 pts) 4. The project lends itself to complement other events in the community and helps create a diversity of opportunities (arts, culture, recreation, education, or historical significance). (20 pts.) 5. The event proposal defines additional revenue benefits beyond overnight stays (likely diners, shoppers, paid parking, etc.). (10 pts.) Criteria for Non -Event Proposals (Capital Facilities/Projects) — 30 possible points: 1. There is evidence that this project will help increase opportunities for sustainable tourism activities. 2. There is evidence provided that the project will encourage visitors to enjoy longer stays and return. 3. The project plan is clear, with a timeline for action defined, and the proposal reflects enough detail the success to determine the potential for success effectively. 4. The budget provided reflects a clear understanding of the costs associated with this project, and there is evidence that this budget is based on market research, structured estimates, or estimates provided by contractors. 5. The project supports LTAC priorities to increase transportation, quality of city infrastructure, and wayfinding, or enhances the city's natural assets to improve the overall look and feel and welcoming design of Port Angeles. 6. The project will support our local economy through local contracts, retail purchases, or partnerships. Criteria for Non -Event Proposals (Operations & Marketing) — 25 possible points: 1. There is evidence provided that the organization or project will help increase or sustain opportunities for tourism -related activities. 2. There is evidence provided that this organization or project will encourage visitors to enjoy longer stays or engage in return visits. 3. The proposal provides clear evidence that this organization can successfully draw tourists. Exhibit A at 3 August 15, 2023 H - 7 4. This project supports LTAC priorities to improve transportation, quality of city infrastructure, or wayfinding or enhances the city's natural assets to improve the overall look and feel and welcoming design of Port Angeles. 5. This project reflects how the funds will help sustain a tourism -related business. Scoring for Non -Event Proposal Criteria Each criterion will be evaluated on the following spectrum: • Strongly Agree — 5 pts • Agree — 4 pts. • Neutral — 3 pts. • Disagree — 2 pts. • Strongly Disagree —1 pt. • Did not answer — 0 pts. Exhibit A at 4 August 15, 2023 H - 8 LODGING TAX ADVISORY COMMITTEE June 8, 2023 2:00 p.m. This meeting was conducted as a hybrid meeting. CALL TO ORDER Chair Carr called the meeting to order at 2:10 p.m. ROLL CALL Voting Members Present: Navarra Carr, Christine Loewe, Donya Alward, Sydney Rubin, Victoria Jones. Member at Large Non -Voting Members: Rosylen Mangohig and Darlene Clemens. Members Absent: None. Staff Present: Ben Braudrick, Sarina Carrizosa, and Kari Martinez -Bailey. APPROVAL OF MINUTES It was moved by Loewe and seconded by Jones to: Approve the March 30, 2023 minutes, to include corrections to the spelling of Committee members names. Motion carried 5-0. PUBLIC COMMENT No public comments were received. ACTION ITEMS 1. Department of Natural Resources Community Forestry Assistance Grant Award Match The Committee reviewed the request by staff to allocate Lodging Tax Funds from reserves to provide match to a grant improving the Front Street entryway from the Overlook to Lincoln Street and improvements to Websters Woods. It was moved by Carr and seconded by Clemens to: After the original motion was made and after approval of an amendment, the final motion was considered: increase of the 2023 budget using 2022 excess revenue in the amount of S13,100 in order to provide match to Washington State Department of Natural Resources Community Forestry Assistance grant for improvements to the downtown gateway, Webster's Woods, and encourage proper urban forest management practices along the City's marine bluff. Motion carried 5-0. 2. Review Vision, Goals and Priorities and Request for Proposal Application Document Principle Planner Ben Braudrick shared staff recommendation, that the Committee review the attached track change applications and Committee member suggestions for changes to the applications and scoring criteria. Committee discussion followed. Continued discussion of revisions that provide better guidance and an improved application process and evaluative approach for both Committee budgeting decisions and lodging tax find applicants. It was moved by Carr and seconded by Alward to: Direct staff through motion to make changes to the applications and scoring criteria, recommend the City Council and approve through resolution the drafted changes to the Lodging Tax Advisory Committee Vision, Goals and Priorities for Lodging Tax Funding Programs and to include the following changes to changes to the Lodging Tax Advisory Committee Vision, Goals and Priorities and application: All different events nun by congruent Tax Identification Number will be included in one application, but all events will be considered separately, and change Question 7 on event application to include business goals of the applicant. Motion carried 5-0. The next meeting is scheduled for September 14, 2023. STAFF UPDATES Principal Planner provided a brief summary of the revenue report included in the packet. He spoke about his attendance at an Olympic Peninsula Tourism Commission meeting and shared information provided by Olympic National Park Superintendent Sula Jacobs. August 15, 2023 H - 9 Lodging Tax Advisory Committee Minutes June 8, 2023 Page 2 COMMITTEE MEMBER UPDATES Committee member Alward spoke about the many things to do on the Olympic Peninsula in addition to visiting the Olympic National Park. ADJOURNMENT Chair Carr adjourned the meeting at time 3:53 p.m. Navarra Carr, Chair Kari Martinez -Bailey, Acting Clerk August 15, 2023 H - 10 i,;;;� ';L CITY CQUNCIL W A S H I N G T O N, U.S, MEMO Date: August 15, 2023 To: City Council From: Nathan West, City Manager Subject: Recommendation — Opioid Settlement City Council Subcommittee Summary: Report and Recommendation from the City Council Subcommittee on the distribution of Opioid Settlement Funding 2022-2024 Allotment. Funding: Approximately $1.8 million is available to the City over the next 18 years to address issues associated with opioid abuse. Recommendation: The City Council Subcommittee recommends that the Settlement Funds for the years 2022, 2023 and 2024 be awarded to the Port Angeles Police and Fire Departments for their project proposal titled "Operation Shielding Hope: Police and Fire Uniting Forces for a Safer Community"; and that each subsequent year award be considered by the City Council in advance of the Annual Budget Process. Background / Analysis: On July 5, 2023, the City Council voted unanimously to adopt the opioid settlement funding and allocation methodology recommended by staff and an ad hoc committee of Council Members. Council approved an application process to solicit program applications for funding consideration. Council also appointed a subcommittee of Deputy Mayor Meyer and Council Members Suggs and Miller tasked with the review of program applications and to make funding recommendations to the full City Council. Councilmember Miller recused herself from the review process due to a potential conflict of interest. On August 8, 2023, the subcommittee met with Chris Cowgill, Assistant City Attorney and Mike Healy, Director, Public Works & Utilities to discuss the various applications and to forward a funding recommendation to the City Council. A total of four (4) applications were received representing program submittals from North Olympic Healthcare Network, First Step Family Support Center, BAART Behavioral Health Services and a joint program submittal from the City of Port Angeles Police and Fire Departments. Each program submittal was discussed thoroughly with an emphasis on program benefits to the residents of the City of Port Angeles. All four of the funding applications offered services that could be of benefit to the city population. The proposal submitted by the City of Port Angeles Police and Fire Departments sought to deliver services that remained within the city limits of Port Angeles and described program attributes that are currently stood up but are desperately in need of additional funding to meet the community need. This proposal also offered a strong training component that will deliver long term benefits well beyond the 18-year funding cycle. August 15, 2023 1-1 The primary purpose of the subcommittee not recommending funding for multiple funding cycles to the recommended applicant was that a member of the subcommittee strongly felt that to award beyond the current elected term could unduly restrict future City Council actions with regard to use of this program funding. Funding Overview: Approximately $1.8 million is available to the City over the next 18 years to address issues associated with opioid abuse. Attachments: Applications August 15, 2023 1-2 Port Angeles Opioidl Funding u 07/28/2023 2:02 PM (PDT) Sulbinrniited by Il...iisa If iI zl atrlclk (IIfi zI atr'clk@lbayinrnairlk.coinrn) In May of 2022, Attorney General Bob Ferguson announced a $518 million settlement with several major opioid distributors aimed at resolving opioid-related claims. A portion of these funds are being allocated to the City of Port Angeles to address the opioid crisis, including substance use treatment, access to overdose -reversal drugs and services to assist with those struggling with addition. The City's goal in the distribution of Opioid Settlement Funds is to reduce the impact to public safety services, healthcare facilities, local businesses, and city residents/visitors through effective strategic measures including, but not limited, to treatment, prevention, and education of opioid use and abuse. Local government agencies and organizations operating within the City of Port Angeles and working to reduce the impact upon City resources and residents caused by the opioid crisis are eligible. Applicants must be in good financial standing and have a City of Port Angeles -focused program that meets the intent of the opioid settlement approval parameters. The Port Angeles City Council will provide the following roles and functions to support partners under this funding opportunity: • Review written proposals for the use of the opioid settlement funds. • Receive public comment pertaining to the dispersal of opioid settlement funds. • Approve/Deny requests for use of the opioid settlement funds. • Review annual report submission from funded recipients. Requests for Opioid Settlement funding should provide a detailed narrative that outlines the project/program Goals, Scope and Outcome potential for reducing the impact of the opioid crisis upon city resources and community members. August 15 2023 1-3 Submission ID: ccc12f70-e377-4c44-9f26-9c29fb07fe85 Page 1/5 Proposals for use of the Opioid Settlement Funds will be submitted to the City Clerk via online application during t "open" application period. Proposals must fall within the approved purposes as outlined in the settlement tg Please begin by reviewing • - Tlashington Iflemorandumof,finderstanding Between TTashington IT-lunicipalitiEM Exhibit A "Opioid Abatement Strategies" to ensure the program proposal falls within the approved strategies guidelines. One application must be completed and submitted per project. 1. Name of Project Technology -assisted methadone take-home dosing Technical Proposal 3. Name of Agency/Organization BAART Behavioral Health Services submitting proposal forfunding: 1. Describe the Project being Technology -assisted methadone take-home dosing strategies are proving to be proposed (include project goals an effective solution aimed reducing the burden of program attendance on and anticipated outcomes). patients enrolled in OTPs. These technology -based solutions allow for patients that would not typically be eligible for at-home medication dosing to receive doses for at home use in a manner which does not increase the risks of medication diversion. By reducing attendance requirements these strategies reduce transportation barriers, increase patient satisfaction, enhance trust in the patient -provider relationship, and improve patient retention and treatment outcomes. Patient retention is critical to ensure patients receive the positive health outcomes offered by MAT. BAART plans to partner with Sonara Health (Sonara) to implement a technology -assisted methadone take-home dosing strategy that allows for remote observation of take -homes. Sonara is a HIPAA and 42 CFR Part 2 compliant, digital health solution that uses a web -based application to support patients who dose at home. Patented, tamper -aware labels are added to the patients' methadone vials. During the patient's assigned dosing window, the patient scans the tamper aware label and is prompted to record a video of themselves dosing at home. The asynchronous video is available for the care team to review, which enables supervision of at home dosing. Remote observation provides a daily touchpoint for OTPs to enhance trust with patients, retain patients in treatment, ensure appropriate use of medication and medication adherence, and engage in more timely interventions. Sonara is designed for a diverse patient population and is health -equity first: supporting at least a 2G mobile network, government issued mobile devices, low -bandwidth, and internet connectivity (including offline capability), technology and reading literacy and more. Goals • Achieve a reduction in transportation barriers perceived by patients. • Improve 90-day, 180-day, and 365-day retention rates of new patients participating in the project as compared to 2022 retention rates. 2022 rates: 90-day 180-day 365-day Port Angeles 73% 65% 58% • Achieve a reduction in Risk scores and Use scores, and an increase the Protection scores, as measured by the Brief Addiction Monitor (BAM), a standardized progress -monitoring instrument, and as compared to admission scores. BAMs will be collected every 3 months for the duration of the project. • Achieve high patient satisfaction with the Sonara platform using a customer -effort score (CES) based framework, as measured against benchmarks to the overall Sonara patient satisfaction score. • Improve quality of life, as assessed by a questionnaire focused on changes in the patient's ability to participate in activities of daily life. Data will be collected for a 12-month period beginning at the time of project launch. Collected data will be analyzed using a pre -post method and will be completed 6 months after the 12-month data collection period. A final report will be completed 3 months after the completion of the data analysis. August 15 2023 1-4 Submission ID: ccc12f70-e377-4c44-9f26-9c29fb07fe85 Page 2/5 2.Describe how this project wAl| This project will include the following Approved Uses: advance the goal ofreducing the Category A`Treat OpinidUse Disorder impact toCity resources and ~ Expand availability nftreatment for OUDand any co-occurring 8UD/MH community members from the conditions, including all forms nfMedication-Assisted Treatment (MAI) OpioidChsis. approved bythe U.8.Food and Drug Administration. ~ Improve oversight nfOpinid Treatment Programs (OTPp) to assure evidence based or evidence -informed practices, such as adequate methadone dosing and low threshold approaches tntreatment. ~ Support and reimburse evidence -based services that adhere tnthe American Society nfAddiction Medicine (A8AM)continuum nfcare for OUDand any cnnccuning8UD/MHconditions. Category 0:Support People inTreatment and Recovery ~ Support stigma reduction efforts regarding treatment and support for persons with OUD.including reducing the stigma nneffective treatment. ~ Provide nrsupport transportation tntreatment nrrecovery programs nr services for persons with OUDand any co-occurring 8U[VMHconditions. The ability tnobserve the take-home doses will allow 0AARTtnestablish a patient safety and compliance system that fosters the necessary trust and oversight to fully maximize the current take-home allowances. Increasing access to safe take-home methadone will also reduce transportation barriers and its associated costs and help reduce stigma associated with methadone and the daily visits tn the treatment center. Fewer visits tn the treatment center will allow patients to maximize their recovery and feel more integrated within society, which is empowering. Although this exemption has not been made permanent, it is important to note that SAMHSAs proposed updates to the federal rules to expand access tnnpiniduse disorder treatment tnhelp close gaps incare (SAMHSA, 2022). The proposed changes would make permanent COVID- Timed Medication Flexibilities, and update standards for OTPs at a time when fewer than 1 out 1OAmericans can access treatment for substance use disorder (8AMH8A.2O22). This project will help address and remediatethe impact nfthe npinid epidemic in WA and allow VVAtn be well positioned to maximize the new 8AMH8Aregulations, once finalized, and lead the nation intreatment equity, patient retention, compliance, and empowerment, and offsetting costs associated with daily OTP visits. August 15, 2023 U-5 3`What hathe total budget The below budget includes both locations if permissible. Due tnthe nature nf request for the project being Medication Assisted-Tveatment.many patients are supported atneighboring proposed? counties. We have segmented out the Port Angeles location specifically if limitations require the single location. i A. Direct Costs 1. Contractual Costs — 8nnana Health a. Implementation Fee This fee supports the activities associated with the implementation perind, which occurs from the effective date of the contract to the agreed upon Qn Live Date. These activities include the nnbnavding of the cuefnmer, training of staff, and configuration of the 8nnara platform i. 0AART Port Angeles $10.000.00 ii. 0AART— Bremerton (if permissible) $10.000.00 b. Population Served Fee — Port Angeles This fee reflects the costs associated with the volume of patients using the 8nnara service per location/site. This is the pricing point for a small -sized OTP ~ First 1-30 patientm, minimum monthly cost nf$1.5OO per mnnth, price point for small -size OTP ~ 31et patient and abnve, per member per month price nf$45 i. Port Angeles —Year 1 target nf5O patients $28.800.00 ii. Port Angeles — Year 2target nfGOpatients iii. PnrtAnge|es—Year 3 target nf75 patients C. Population Served Fee— Bremerton (if permissible) This fee reflects the costs associated with the volume of patients using the 8nnara service per location/site. This is the pricing point for a small -sized OTP ~ First 1-30 patientm, minimum monthly cost nf$1.5OO per mnnth, price point for small -size OTP ~ 31et patient and abnve, per member per month price nf$45 i. Bremerton —Year 1 target nf5O patients $28.800.00 ii. Bremerton — Year 2target nfGOpatients iii. Bremerton— Year 3 target nf75 patients YEAR Direct Cost Totals $77.600.00 B. Indirect Costs 2. Administrative Costs a. 1596 Internet Services i. Port Angeles— 337/mnnth x 12 = $4044 x 1596 = $GOG $GOG ii. Bremerton —2O7/mnnth x 12 = $2484 x 1596 = $372 $372 b. Equipment depreciation i. Port Angeles — Dell Latitude 5420 $919 initial cost with 33.396 depreciation over three years nf$3OG /3 years = $102 $102 ii. Bremerton —De|| Latitude 5420 $919 initial cost with 33.396 depreciation over three years nf$3OG /3 years = $102 $102 C. Payroll support i. Port Angeles —2O hnurs/week @ $30/hrfnr observation of recordings and label administration $31.200 ii. Bremerton —2O hnurs/week @ $30/hrfnr observation of recordings and label administration $31.200 C. Project Totals TOTAL Port Angeles alone $70,708 Both locations if permissible $141,182.00 August 15, 2023 U-6 4. Describe how the success of Reduction in transportation barriers by patients documented locally and the program/project vAll be reported within 12 months after the data collection period. Non -Emergency measured? Medical Transportation (NEMT) ride reduction by patient using Sonara's technology to increase the quantity of take-home doses. • Improve 90-day, 180-day, and 365-day retention rates of new patients participating in the project as compared to 2022 retention rates. 2022 rates: 90-day 180-day 365-day Port Angeles 73% 65% 58% • Achieve a reduction in Risk scores and Use scores, and an increase the Protection scores, as measured by the Brief Addiction Monitor (BAM), a standardized progress -monitoring instrument, and as compared to admission scores. BAMs will be collected every 3 months for the duration of the project. • Achieve high patient satisfaction with the Sonara platform using a customer -effort score (CES) based framework, as measured against benchmarks to the overall Sonara patient satisfaction score. Improve quality of life, as assessed by a questionnaire focused on changes in the patient's ability to participate in activities of daily life. Data will be collected for a 12-month period beginning at the time of project launch. Collected data will be analyzed using a pre -post method and will be completed 6 months after the 12-month data collection period. A final report will be completed 3 months after the completion of the data analysis. Agency/Organization Phone 9162074112 Number Agency/Organization Email Ifitzpatrickbaymark.com Address Agency/Organization Mailing 1720 Lakepointe Dr. #117 Lewisville, TX 75057 Address In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at (360) 417-4500 so appropriate arrangements can be made. This application and all information attached to this application will become a public record. Information will be distributed to members of the City Council for consideration. Additionally, it will become a part of a City Council packet. By affixing your signature in the box below, you agree that such signature will be the electronic representation of your signature to be valid and binding upon you for all purposes when you (or your agent) affix below, including on legally binding contracts, just the same as a hand-written signature. Signature Please select "Save Signature," before submitting your application. Thank you for providing this information. After clicking `Submit' you will receive a Submission ID number that can be retained for future reference. You will be updated by our staff, if necessary, as your submission is processed. August 15 2023 1-7 Submission ID: ccc12f70-e377-4c44-9f26-9c29fb07fe85 Page 5/5 Port • ' 's Opioid Settlement• • Request • In May of 2022, Attorney General Bob Ferguson announced a $518 million settlement with several major opioid distributors aimed at resolving opioid-related claims. A portion of these funds are being allocated to the City of Port Angeles to address the opioid crisis, including substance use treatment, access to overdose -reversal drugs and services to assist with those struggling with addition. The City's goal in the distribution of Opioid Settlement Funds is to reduce the impact to public safety services, healthcare facilities, local businesses, and city residents/visitors through effective strategic measures including, but not limited, to treatment, prevention, and education of opioid use and abuse. Local government agencies and organizations operating within the City of Port Angeles and working to reduce the impact upon City resources and residents caused by the opioid crisis are eligible. Applicants must be in good financial standing and have a City of Port Angeles -focused program that meets the intent of the opioid settlement approval parameters. The Port Angeles City Council will provide the following roles and functions to support partners under this funding opportunity: • Review written proposals for the use of the opioid settlement funds. • Receive public comment pertaining to the dispersal of opioid settlement funds. • Approve/Deny requests for use of the opioid settlement funds. • Review annual report submission from funded recipients. Requests for Opioid Settlement funding should provide a detailed narrative that outlines the project/program Goals, Scope and Outcome potential for reducing the impact of the opioid crisis upon city resources and community members. Au 15 2023 1-8 Submission I D: cc 91 bbc-5371-4530-b41 f-f31 af6097a9a Page 1 /3 Proposals for use of the Opioid Settlement Funds will be submitted to the City Clerk via online application during t "open" application period. Proposals must fall within the approved purposes as outlined in the settlement tg Please begin by reviewing • - Tlashington Iflemorandumof,finderstanding Between TTashington IT-lunicipalitiEM Exhibit A "Opioid Abatement Strategies" to ensure the program proposal falls within the approved strategies guidelines. One application must be completed and submitted per project. 1. Name of Project Port Angeles Opioid Settlement Funding Request 3. Name of Agency/Organization First Step Family Support Center submitting proposal forfunding: 1. Describe the Project being First Step Family Support Center's Bachelor -Level Case Managers will provide proposed (include project goals intensive home -visiting and tracing efforts to families with Opioid Use Disorder and anticipated outcomes). (OUD). Special emphasis will be placed on pregnant and parenting families with young children. Possible interventions, as appropriate, include a. providing transportation to in -patient treatment and transportation back to the community once treatment is completed, b. providing a care bag of approved hygiene products and clothing for treatment, c. as needed providing safe temporary shelter (such as a hotel) while awaiting in -patient services, d. working with clients to secure clean and sober housing upon return from the treatment facility, e. providing emotional support and education to families about neonatal abstinence syndrome (NAS), conditions caused when a baby withdraws from drugs they are exposed to before birth, and supporting parents through their journey of NAS healing, and f. ensuring affected families have access to First Step programs in an effort to wrap them in education, supplies, and support. g. funds requested will enhance existing program working with families struggling with OUD and enhance the stability, hygiene needs, and travel to and from in -patient treatment and specialized medical appointments for NAS effected children. Project goals are to intervene in OUD situations by making treatment more accessible, providing practical, emotional, and concrete support as needed through multiple First Step programs, and providing case management services at or before pregnancy. This will in turn lead to the development/enhancement of a safe and healthy home, advocacy for parents as they navigate the challenges of rehabilitation and reentry into our community, and emotional support around the reality of NAS. Many young families in our area experiencing OUD also experience poverty, crime, domestic violence, lack of adequate housing, food insecurity, lack of transportation, and limited access to healthcare. Our goal is to assist families in layering protective factors into their lives to increase the health and well-being of the family unit, and our anticipated outcome is to mitigate the risk of negative outcomes in the lives of parents and children and therefore our community. Au 15 2023 1-9 Submission I D: cc 91 bbc-5371-4530-b41 f-f31 af6097a9a Page 2/3 2. Describe how this project vAll Using a relationship model and Harm Reduction (attempting to reduce the advance the goal of reducing the severity of adverse consequences of opioid use) our evidence -informed case impact to City resources and managers will meet the client where they are without judgment and provide community a rs from the support to the whole family. The impact will be increased quality of life for Opioid Crisis. families served and the community in which they live by way of potentially less theft, damage of property, loss of life, and street living which all exist when addiction to opioids turns into OUD. Intervention at or near pregnancy can prevent high -risk pregnancies, reduce medical costs for parent and child, and circumvent many other risk factors and highly impactful costs associated with OUD for not only the family but the neighborhood and city in which they live. Education, emotional support, and transportation to specialized care may deter prenatal use and empower parents to understand the health and development of their child, creating a positive impact on both families and our community. 3. What is the total budget proposed? Increased # of First Step clients accessing in -patient treatment successfully. the program/project vAll be Increased # of First Step clients stabilizing in safety location before leaving for treatment with transport back into the community to engage in Intensive Out- Patent/co-occurring care. `•' I !> 9- • We In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at (360) 417-4500 so appropriate arrangements can be made. This application and all information attached to this application will become a public record. Information will be distributed to members of the City Council for consideration. Additionally, it will become a part of a City Council packet. By affixing your signature in the box below, you agree that such signature will be the electronic representation of your signature to be valid and binding upon you for all purposes when you (or your agent) affix below, including on legally binding contracts, just the same as a hand-written signature. Signature Please select "Save Signature," before submitting your application. Thank you for providing this information. After clicking `Submit' you will receive a Submission ID number that can be retained for future reference. '. - •.. -. • . . illililim n41VMF0TvT4=—=$,1 Au 15 2023 1 - 10 Submission I D: cc 91 bbc-5371-4530-b41 f-f31 af6097a9a Page 3/3 Port • ' 's Opioid Settlement• • Request 4 A In May of 2022, Attorney General Bob Ferguson announced a $518 million settlement with several major opioid distributors aimed at resolving opioid-related claims. A portion of these funds are being allocated to the City of Port Angeles to address the opioid crisis, including substance use treatment, access to overdose -reversal drugs and services to assist with those struggling with addition. The City's goal in the distribution of Opioid Settlement Funds is to reduce the impact to public safety services, healthcare facilities, local businesses, and city residents/visitors through effective strategic measures including, but not limited, to treatment, prevention, and education of opioid use and abuse. Local government agencies and organizations operating within the City of Port Angeles and working to reduce the impact upon City resources and residents caused by the opioid crisis are eligible. Applicants must be in good financial standing and have a City of Port Angeles -focused program that meets the intent of the opioid settlement approval parameters. The Port Angeles City Council will provide the following roles and functions to support partners under this funding opportunity: • Review written proposals for the use of the opioid settlement funds. • Receive public comment pertaining to the dispersal of opioid settlement funds. • Approve/Deny requests for use of the opioid settlement funds. • Review annual report submission from funded recipients. Requests for Opioid Settlement funding should provide a detailed narrative that outlines the project/program Goals, Scope and Outcome potential for reducing the impact of the opioid crisis upon city resources and community members. August 15, 2023 1 - 11 Submission ID: 4f 67a5-1f7a-4672-ab68-32d388beb6f0 Page 1/6 Proposals for use of the Opioid Settlement Funds will be submitted to the City Clerk via online application during t "open" application period. Proposals must fall within the approved purposes as outlined in the settlement tg Please begin by reviewing • - Tlashington Iflemorandumof,finderstanding Between TTashington IT-lunicipalitiEM Exhibit A "Opioid Abatement Strategies" to ensure the program proposal falls within the approved strategies guidelines. 1. Name of Project Optimizing the impact of the Clallam Care Connection (3C Team) through the addition of a Program Coordinator 2. Which Oplold Abatement Strategy category does the project fall 3. Name of Agency/Organization North Olympic Healthcare Network submitting proposal . ;' August 15, 2023 1 - 12 Submission ID: 4f 67a5-1f7a-4672-ab68-32d388beb6f0 Page 2/6 1. Describe the Project being In 2019, Clallam Care Connection (3C) was formed after local leaders proposed (include project goals recognized that a disconnected and siloed health care system was not serving and anticipated outcomes). individuals or the community well. 3C is a multiorganizational, multidisciplinary care coordination team whose members meet weekly with the goal of providing the right care at the right time in the right place. The 3C team coordinates points of care to improve the comprehensive health status of individuals with complex, chronic conditions including individuals with Opioid Use Disorder (OUD) and co- occurring SUD/MH conditions. 3C provides a seamless experience of care that is person -centered, cost-effective, comprehensive and addresses social determinants of health. While data shows that 3C collaboration positively impacts Clallam County health and wellness, identifying and tracking care gaps also helps to inform public health policy improvements. Since the initial 3C pilot funding from Olympic Communities of Health ended a few years ago, the original creators of 3C have been unable to secure funding for a 3C Program Coordinator. NOHN staff members including a Behavioral Health Care Manager, Navigation Manager, Chronic Care Management Nurse and Community Health Worker have shared operational oversight with team members from other organizations to keep the 3C team intact. As we like to say, they are building and maintaining the plane as they fly it. However, as the team continues to grow it's become unsustainable for team members to fill the role of 3C Program Coordinator in addition to their regular job duties. Like so many other great local projects, the 3C team is at risk of falling apart due to lack of funding. The 3C team currently includes representatives from PAFD Community Paramedics, Peninsula Behavioral Health, REdisCOVERY, Reflections REAL Team, Olympic Personal Growth, and Clallam County Fire Department 3 (Sequim EMT). It would be unfortunate for our community to lose this team, as it has been monumental in helping our community's high -need, high -risk, high - utilizer individuals, many of whom struggle with OUD and co-occurring SUD/MH conditions, by connecting them to the care and services they desperately need. NOHN is seeking 3-5 years of funding to hire a 0.625 FTE 3C Program Coordinator to sustain optimal functioning of the 3C team until that 3C Program Coordinator can identify and secure sustainable 3C funding. Rather than continued reliance on grants, the plan is to eventually get funding through organizations who benefit from the team's work, such as Insurers. To do so, we need a 3C Program Coordinator who is also able to track, organize and present data to highlight the team's success. With these deliverables in mind, we anticipate that the 3C Program Coordinator position will necessitate the hiring of an individual with extensive experience in coordinating and managing complex projects. The 3C Program Coordinator will be a NOHN employee and be responsible for assisting with administrative and management duties including but not limited to: 1.) Assist 3C members with assessment, planning, implementation, and evaluation activities 2.) Develop and implement data collection methods, tools, and evaluation measures for 3C team interventions 3.) Work with 3C team to track progress toward project goals and objectives 4.) Assess training/technical assistance needs and organize training opportunities 5.) Document 3C team milestones and progress toward outcomes in reports to lead agency, funders, team members, and broader community (as appropriate) 6.) Conduct literature/resource reviews to identify and implement best practices 7.) Facilitate development of strategic plan in collaboration with 3C members 8.) Support recruitment and onboarding of new members 9.) Coordinate community outreach/education related to 3C activities and progress 10.) Identify and secure sustainable funding August 15, 2023 1 - 13 Submission ID: 4f 67a5-1f7a-4672-ab68-32d388beb6f0 Page 3/6 2. Describe how this project vAll As explained in our project description, 3C is an established and growing team advance the goal of reducing the of community organizations coming together to help our high -risk, high -need, impact to City resources and high -utilizer community members whose health and wellness needs are not community a rs from the being met through traditional methods. 3C supports other city programs such as Opioid Crisis. the PAFD Community Paramedics, REdisCOVERY and REAL Team by creating a platform (time, location, framework, data tracking) for efficient and effective collaboration of its members. By design, 3C presents an unlimited opportunity to incorporate and support other City programs and resources as needed. In 2021, the 3C program assessed the cost savings for just eight 3C graduates as of 04/31/21. Within 4 months, Emergency Department visits among the eight 3C participants had declined 42% and a total of 10 ED visits were prevented, with an approximate savings of $15,000. Additionally, 911 calls declined 90% among the eight participants, preventing 67 calls, saving an approximate $36,850 for police rollout and $134,134 in savings for medic unit rollout. As you can see, the 3C program has already reduced the strain on City resources, including emergency services, law enforcement and healthcare facilities by addressing the participants' unmet core needs while supporting and stabilizing them through the process. With the majority of 3C participants struggling with substance use disorders and co-occurring disorders, the program is well positioned to provide targeted and effective support to those who need it most, yielding optimal outcomes for the participant and our greater community. 3. What is the total budget Program Coordinator @ .625FTE (25hrs/week) request for the project being Salary $40,640 proposed? Benefits/Fringe $22,305 Total $62,945 August 15, 2023 1 - 14 Submission ID: 4f 67a5-1f7a-4672-ab68-32d388beb6f0 Page 4/6 4. Describe how the success of The success of the team will be measured through multiple indicators to ensure the program/project vAll be comprehensive evaluation. measured? 1.) Number of participants: The programs impact will be measured by the number of individuals who have received services and support through the 3C program. This will include tracking the number of individuals who enter and complete the program. 2.) Number of participating organizations: The team's success will also be measured by the number of organizations that actively participate and collaborate within the 3C consortium. This will demonstrate the level of engagement and support from community partners, indicating the effectiveness of the team in fostering collaboration and coordination among different stakeholders. 3.) Alignment of team goals: The success of the team will be assessed by the extent to which the 3C program goals and objectives align with the broader community goals related to reducing the impact to City resources and the community. This will help confirm the 3C program's effectiveness in addressing the specific needs and priorities of the community in a collaborative and coordinated manner. 4.) Identification of tracking systems: The 3C Team Coordinator in conjunction with participating organizations will revise and/or develop tracking systems to monitor and evaluate the progress and outcomes of participants' care. These tracking systems may include data collection on substance use patterns, mental health outcomes, service utilization and overall well-being. Regular monitoring and analysis of data will provide insights into the effectiveness of the team and help identify areas for improvement. 5.) Collection and reporting of data for future funding: As case management and care coordination services provided through the 3C team might not be billable as traditional healthcare services, it is critical to gather and provide data to support future funding. Documenting the program's impact, such as improvements in participant outcomes, reduced ED visits or hospitalizations, enhanced access to treatment and recovery resources, and cost savings, will strengthen the case for continued funding and support for the team. By measuring these indicators, the team will be able to assess its effectiveness, identify areas of success, and adjust to improve future outcomes. This data - driven approach will ensure that the 3C team remains responsive to the needs of the community and continually evolves to provide impactful and sustainable services. Agency/Organization Email jpeterson@nohn-pa.org Address AddressAgency/Organization Mailing 240 W. Front Street, Suite A, Port Angeles, WA 98362 In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at (360) 417-4500 so appropriate arrangements can be made. This application and all information attached to this application will become a public record. Information will be distributed to members of the City Council for consideration. Additionally, it will become a part of a City Council packet. August 15, 2023 1 - 15 Submission ID: 4f 67a5-1f7a-4672-ab68-32d388beb6f0 Page 5/6 By affixing your signature in the box below, you agree that such signature will be the electronic representation nf your signature to be valid and binding upon you for all purposes when you (or your agent) affix below, including on legally binding contracts, just the same as a hand-written signature. Signature t rIAT) C A Please select "Save Signature," before submitting your application. Thank you for providing this information. After clicking 'Submit'you will receive a Submission ID number that can be retained for future reference. You will beupdated byour staff, ifnecessary, asyour submission b»processed. U-16 Submission |D: 4fbf07o5 1f7o-4672-ab08-32d388bob0f PogoO0 Port • ' 's Opioid Settlement• • Request • • In May of 2022, Attorney General Bob Ferguson announced a $518 million settlement with several major opioid distributors aimed at resolving opioid-related claims. A portion of these funds are being allocated to the City of Port Angeles to address the opioid crisis, including substance use treatment, access to overdose -reversal drugs and services to assist with those struggling with addition. The City's goal in the distribution of Opioid Settlement Funds is to reduce the impact to public safety services, healthcare facilities, local businesses, and city residents/visitors through effective strategic measures including, but not limited, to treatment, prevention, and education of opioid use and abuse. Local government agencies and organizations operating within the City of Port Angeles and working to reduce the impact upon City resources and residents caused by the opioid crisis are eligible. Applicants must be in good financial standing and have a City of Port Angeles -focused program that meets the intent of the opioid settlement approval parameters. The Port Angeles City Council will provide the following roles and functions to support partners under this funding opportunity: • Review written proposals for the use of the opioid settlement funds. • Receive public comment pertaining to the dispersal of opioid settlement funds. • Approve/Deny requests for use of the opioid settlement funds. • Review annual report submission from funded recipients. Requests for Opioid Settlement funding should provide a detailed narrative that outlines the project/program Goals, Scope and Outcome potential for reducing the impact of the opioid crisis upon city resources and community members. Au�ust 15 2023 1 - 17 Submission ID: 7 acf7a-977f-4af6-8a22-239b90706997 Page 1/4 Proposals for use of the Opioid Settlement Funds will be submitted to the City Clerk via online application during t "open" application period. Proposals must fall within the approved purposes as outlined in the settlement tg Please begin by reviewing • - Tlashington Iflemorandumof,finderstanding Between TTashington IT-lunicipalitiEM Exhibit A "Opioid Abatement Strategies" to ensure the program proposal falls within the approved strategies guidelines. One application must be completed and submitted per project. 1. Name of Project Operation Shielding Hope: Police & Fire Uniting Forces for a Safer Community 3. Name of l i #;. . sn Port Angeles• - s • Port Angeles - Departments submitting proposal •funding: 1. Describe the Project being The Port Angeles Police (PAPD) and Fire (PAFD) Community Resource proposed (include project goals programs have limited reven ue-ge ne rating opportunities. The Opioid 9nd anticipated outcomes). Settlement Funding provides a unique opportunity to fund opioid-related cost of service shortfalls within these programs. Operation Shielding Hope is a joint venture between PAPD and PAFD to ensure the citizens of Port Angeles continue to receive the highest level of public safety services, while allocating specialized resources and highly trained staff to assist individuals affected by Opioid Use Disorders (OUD) and co-occurring Substance Use Disorder/Mental Health (SUD/MH) conditions. The Opioid Crisis has taken a heavy toll on our community and has significantly impacted City of Port Angeles police and fire agencies. According to the CDC, more than 3 out of 5 overdose deaths involved at least one potential opportunity to link people to care before the fatal overdose occurred. With Opioid Settlement Funding, Port Angeles Police and Fire Community Resources programs can be adequately equipped to respond and intervene to link these high -risk individuals with care and treatment services before a fatal overdose occurs. Part 1 Treatment: Section A, strategies 1,3,5,6,7. Section B, strategy 2,9,10. Section C, strategies 6,7,8. Section D, strategies 1 c, 1 d, 1 f, 5. Part 2 Prevention: Section H, strategies 1,3,4, 6,10,11. Part 3 Other Strategies: Section I, 1,2. Section J, strategy 1. Au�ust 15 2023 1 - 18 Submission ID: 7 acf7a-977f-4af6-8a22-239b90706997 Page 2/4 2. Describe how this project vAll Funding this request would enable PAFD and PAPD to outfit Community advance the goal of reducing the Resource personnel with the necessary tools, equipment, and specialized impact to City resources and training in Substance Use Disorder and Behavioral Health Crisis Care. A 2021 community a rs from the Prehospital Emergency Care article reported that nearly one-third of individuals Opioid Crisis. who experienced an accidental opioid death utilized 911 Emergency Medical Services before their fatal overdose. The article also identifies individuals having experienced a non -fatal opioid overdose at an increased risk of death within one year. Equipping the Port Angeles Community Medics with emergency response capable units, equipment and training to respond to overdose -related incidents and provide point -of -care support, education, and referral services would lead to a reduction in repeat overdoses, a reduction in opioid overdose deaths, and an increase in the availability of Port Angeles Fire units for additional emergency responses. Collaboration and coordination between the Port Angeles Community Medics and the PAPD Resource Officer could lead to pre -overdose interventions for high -risk populations and a reduced stigma surrounding opioid rehabilitation services. Funding Operation Shielding Hope would equip outreach specialists not tied to the next 911 dispatch and enable them to establish trusted and meaningful relationships with community members, business owners and individuals affected by OUD, thus further reducing the impact to the city and its citizens. The Police Department's preventive presence amongst the high -risk populations will be enhanced by using a portion of this funding to close the funding gap in the Downtown Resource Officer position. This Officer is the closest to the problem with daily encounters with high -risk individuals, and who regularly works with both PAFD and outreach personnel. 3. What is the total budget PAPD and PAFD requests full use of the annual Opioid Settlement Funding over request for the project being the next 10 years for Operation Shielding Hope in accordance with the accepted proposed? Opioid Abatement Strategies. the program/project vAll be established metrics listed below which includes Primary Goals for each funding measured? year. 1. Acquisition of resources, equipment and training for alternative response to Opioid Overdoses (Year 1) 2. Training in Substance Use Disorder/Mental Health (SUD/MH) emergencies for Port Angeles Fire and Police personnel (Years 2-4 and as necessary for new employees or updated best practices). 3. Expanded scope of practice for Community Medics, including Medication Assisted Treatment for individuals afflicted by Opioid Use Disorders (Years 2- 10). 4. Reduced incidents of individual repeat accidental overdoses (Years 1-10). 5. Reduction in Emergency Services responses to repeat individual accidental overdoses (Year 1-10). 6. Successful referral of individuals to SUD/MH treatment services (Years 1-10). 7. Reduction in Opioid-related crimes in the downtown corridor (Years 1-10). 8. Strengthened relations with downtown business owners and patrons (Years 1- 10). 9. Increased citizen satisfaction with emergency services mitigation strategies for Opioid Use Disorders (Years 1-10). 10. Reduction in Police and Fire burnout and increased retention of emergency services employees (Years 1-10). Agency/Organizationhone Port Angeles Fire Department 360-417-4651; Port Angeles Police Department Number 360-417-4901 Agency/Organization ail dsharpcityofpa.us Address Agency/Organization Mailing 102 East 5th Street, Port Angeles Washington, 98362 Address Au�ust 15 2023 1 - 19 Submission ID: 7 acf7a-977f-4af6-8a22-239b90706997 Page 3/4 In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at (360) 417-4500 so appropriate arrangements can be made. This application and all information attached to this application will become a public record. Information will be distributed to members of the City Council for consideration. Additionally, it will become a part of a City Council packet. By affixing your signature in the box below, you agree that such signature will be the electronic representation of your signature to be valid and binding upon you for all purposes when you (or your agent) affix below, including on legally binding contracts, just the same as a hand-written signature. Signature aevXIL ­ I Qllm�� Please select "Save Signature," before submitting your application. Thank you for providing this information. After clicking `Submit' you will receive a Submission ID number that can be retained for future reference. August 15 2023 1 - 20 Submission ID: 7 acf7a-977f-4af6-8a22-239b90706997 Page 4/4 OPIOID ABATEMENT STRATEGIES PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER OUD Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/M1H conditions, co -usage, and/or co -addiction, including but not limited to: a. Medication -Assisted Treatment (MAT); b. Abstinence -based treatment; c. Treatment, recovery, or other services provided by states, subdivisions, community health centers; non -for -profit providers; or for -profit providers; d. Treatment by providers that focus on OUD treatment as well as treatment by providers that offer OUD treatment along with treatment for other SUD/MH conditions, co -usage, and/or co -addiction; or e. Evidence -informed residential services programs, as noted below. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based, evidence -informed, or promising practices such as adequate methadone dosing. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction and for persons who have experienced an opioid overdose. 6. Support treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose 1 August 15, 2023 1 - 21 or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MIII conditions, co -usage, and/or co -addiction, including medical detox, referral to treatment, or connections to other services or supports. Support training on MAT for health care providers, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/M11 conditions, co -usage, and/or co -addiction. 10. Provide fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 12. Support the dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web - based training curriculum and motivational interviewing. 13. Support the development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/M 11 conditions, co -usage, and/or co -addiction, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community -based services. 2. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/M H conditions, co -usage, and/or co -addiction. 2 August 15, 2023 1 - 22 Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing, recovery housing, housing assistance programs, or training for housing providers. 4. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction. 5. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 6. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co - addiction. 7. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high -quality programs to help those in recovery. 8. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to manage the opioid user in the family. 9. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 10. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARET Provide connections to care for people who have — or are at risk of developing — OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence - based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. August 15, 2023 1 - 23 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Support training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 6. Support hospital programs that transition persons with OUD and any co-occurring SLID conditions, co -usage, and/or co -addiction, or persons who have experienced an opioid overdose, into community treatment or recovery services through a bridge clinic or similar approach. 7. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SLJD/MH conditions, co - usage, and/or co -addiction or persons that have experienced an opioid overdose. 8. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 9. Provide fimding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co - Occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have experienced an opioid overdose. 10. Provide funding for peer navigators, recovery coaches, care coordinators, or care managers that offer assistance to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have experienced on opioid overdose. 11. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 12. Develop and support best practices on addressing OUD in the workplace. 13. Support assistance programs for health care providers with OUD. 14. Engage non -profits and the faith community as a system to support outreach for treatment. 15. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions, co -usage, andlor co -addiction. 16. Create or support intake and call centers to facilitate education and access to treatment, prevention, and recovery services for persons with OUD and any co- occurring SLJD/MI-I conditions, co -usage, and/or co -addiction. 4 August I5,2023 1-24 17. Develop or support a National Treatment Availability Clearinghouse — a multistate/nationally accessible database whereby health care providers can list locations for currently available in -patient and out -patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needsof persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction who are involved - or are at risk of becoming involved — in the criminal justice system through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or post -arrest diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses; or g. County prosecution diversion programs, including diversion officer salary, only for counties with a population of 50,000 or less. Any diversion services in matters involving opioids must include drug testing, monitoring, or treatment. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, but only if these courts provide referrals to evidence -informed treatment, including MAT. 5 August 15, 2023 1 - 25 4. Provide evidence -informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, or other appropriate services to individuals with OLD and any co-occurring SLD/MH conditions, co -usage, and/or co -addiction who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual - diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice - involved persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based, evidence -informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/NM conditions, co -usage, and/or co -addiction, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Provide training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 3. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 0 August 15, 2023 1 - 26 5. Offer enhanced family supports and home -based wrap -around services to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including but not limited to parent skills training. 6. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs or by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD. 6. Development and implementation of a national PDMP — Fund development of a multistate/national PDMP that permits information sharing while providing appropriate safeguards on sharing of private health information, including but not limited to: a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. 7 August 15, 2023 1 - 27 b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database. 7. Increase electronic prescribing to prevent diversion or forgery, 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based, evidence - informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Corrective advertising or affirmative public education campaigns based on evidence. 2. Public education relating to drug disposal. 3. Drug take -back disposal or destruction programs. 4. Fund community anti -drug coalitions that engage in drug prevention efforts. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffmg, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 6. Engage non -profits and faith -based communities as systems to support prevention. 7. Support evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent - teacher and student associations, and others. 8. School -based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 9. Support community -based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MII conditions, co -usage, and/or co -addiction. 10. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 11. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses or other school staff, to August 15, 2023 1 - 28 address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, or other members of the general public. 2. Provision by public health entities of free naloxone to anyone in the community, including but not limited to provision of intra-nasal naloxone in settings where other options are not available or allowed. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 10. Support mobile units that offer or provide referrals to treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 11. Provide training in treatment and recovery strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MI-I conditions, co -usage, and/or co -addiction. 12. Support screening for fentanyl in routine clinical toxicology testing. 0 August 15, 2023 1 - 29 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items C8, D1 through D7, H1, H3, and H8, support the following: 1. Current and future law enforcement expenditures relating to the opioid epidemic. 2. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. J. LEADERSHIP,.PLANNING AND COORDINATION Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment intervention services, or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. 3. Invest in infrastructure or staffmg at government or not -for -profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OLD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to in various items above, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -for -profit entities to abate the opioid crisis. 2. Invest in infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction, or implement other 10 August 15, 2023 1 - 30 strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 6. Research on expanded modalities such as prescription methadone that can expand access to MAT. 11 August 15, 2023 1 - 31 POR-T-ANGELES � CITY COUNCIL •n� WASH INGTON, U,S, MEMO Date: August 15, 2023 To: City Council From: Mike Healy, Director ofPublic Works & Utilities Subject: College Substation Load Tap Changer Replacement — Contract Award Summary: The City relies on seven electric utility substations to distribute power, some of which have equipment nearing or at the end of its useful life. Based on age and recent inspections, College Substation is the next in priority for City substation upgrades. The City solicited bids for upgrades to the College Substation Load Tap Changer (LTC). Two bids were received on July 14, 2023. KVA Electric, Inc. of Arlington, WA was determined the lowest responsive and responsible bidder at $189,988.74, including sales tax. Funding: Funding of $200,000 was identified for replacement of the College Substation LTC in the Electric Utility Capital budget (451-7188-594-6510), project CL0420. Recommendation: Award to KVA Electric, Inc. or Arlington, WA a contract in the amount of $189,988.74 including sales tax, for upgrades to College Substation and authorize the City Manager to execute a contract with KVA Electric, Inc. and to make minor modifications to the contract as necessary. Background / Analysis: Seven substations distribute power throughout the City, some of which have equipment nearing or at the end of its useful life. Based on age, electrical reliability, criticality and periodic inspection results, College Substation LTC was identified as the next in priority for repairs or upgrades. With this contract, the Load Tap Changer (LTC) will be replaced with all new internal components and contactors. The LTC is responsible for regulating the voltage to the customers served by the substation. The current LTC was installed in 1995 and has over 262,000 operations, above the normal limit for the life of an average LTC. The existing equipment uses an oil immersion technology to extinguish the arcs made as internal electrical contacts perform voltage switching duties, requiring maintenance and replacement of worn out components over time to extend the life of the LTC. • The LTC upgrade is expected to provide another 250,000 to 300,000 operations over the next 20- 30 years, and last for the remainder of the service life of the College Substation transformer. Two bids were received and opened on July 14, 2023. KVA Electric, Inc. of Arlington, WA was determined the lowest responsive and responsible bidder at $189,988.74, including sales tax. The EC Company bid was found to be non -responsive because the expected material arrival date was beyond the contract required completion date of April 1, 2024. KVA Electric proposed an equivalent to achieve the project goals and meet the contract completion date. August 15, 2023 J - 1 The total bid amounts, including taxes, are tabulated in the following table: Contractor Name Bid Amount KVA Electric, Inc. — Arlington, WA $189,988.74 EC Company — Renton, WA $557,003.78 Govt. Estimate $190,000.00 Funding Overview: Funding of $200,000 was identified for replacement of the College Substation LTC in the Electric Utility Capital budget (451-7188-594-6510), project CL0420. August 15, 2023 J - 2 i,;;;� ';L CITY CQUNCIL W A S H I N G T O N, U.S, MEMO Date: August 15, 2023 To: City Council From: Mike Healy, Director ofPublic Works & Utilities Subject: Service Agreement — Class B Biosolids Transportation & Beneficial Use Services Summary: The purpose of this memo is to receive City Council approval to extend the service agreement, with Tenelco Inc., for transportation and beneficial use services of Wastewater Treatment Plant Class B Biosolids. The City of Port Angeles Wastewater Treatment Plant has been under a service agreement with Tenelco since July 2022 at a not to exceed amount of $200,000. The proposed contract extension would continue these services through December 2024. Funding: Current funding is available in the 2023 Wastewater Utility budget (403-7480-535-4710) through the remainder of 2023 which when coupled with the 2024 budget request of $200,000. will adequately fund this activity through the 2024 budget year. Recommendation: Approve and award a contract extension with Tenelco Inc. for biosolids transport and beneficial use through December 2024 at a not to exceed amount of $300,000., and authorize the City Manager to execute documents necessary to implement the extension and to make minor modifications as necessary. Background / Analysis: Wastewater Treatment Plant (WWTP) biosolids are anaerobically digested to meet Class B requirements per WA State regulations. Biosolids provide beneficial use as an important source of soil nutrients for farmers and land managers. Tenelco Inc. will transport and apply the biosolids on their permitted land properties in Douglas County, Washington. Biosolids are generated at the WWTP as a by-product of the biological treatment process that cleans wastewater. The plant typically produces approximately 30 tons of biosolids per week. This agreement provides transport of biosolids to a beneficial use application that complies with state and federal regulations. The current agreement with Tenelco, Inc. expired in July 2023 and this action will extend the contract period through December 31, 2024, to align with the City's fiscal budget year. Funding Overview: The 2023 Wastewater Utility budget (403-7480-535-4710) has sufficient funding to fund this activity through the 2023 budget cycle and when coupled with the requested budget allocation can fund this agreement through December of 2024. August 15, 2023 J - 3 CITY COUNCIL �mrurrv;�s ';.....011 7 WASH I N G T' O N, U.S, MEMO Date: August 15, 2023 To: Mayor Dexter, Deputy Mayor Meyer, Councilmember Carr, Councilmember McCaughan, Councilmember Miller, Councilmember Schromen-Wawrin, Councilmember Suggs From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts - July CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS JUNE - JULY 2023 Number of Customers Past Due 1,609 1,475 1,417 (58) -3.93% Number of Disconnections for Non-payment 7.00 - 13.00 13.00 1200.00% 60days past due amount 205,100.98 197,072.48 91,655.20 (105,417.28) -53.49% 90days past due amount 136,950.11 128,703.07 126,336.40 (2,366.67) -1.84% 120 days past due amount 1,200,934.07 1 945,739.43 1 979,975.79 1 34,236.36 1 3.62% Total amount past due 1,542,985.16 1 1,271,514.98 1 1,197,967.39 1 (73,547.59) -5.78•/. Total Additional Payment Plan Agreements 1 671 29 1 341 5 1 17.24% 1,600,000 1,400a000 +°, ryy�2pppQJ��pp0,0p00 800,000 600,000 400,000 200,000 010111111111, 60 days (past dine ar nount JUINE •- JULY 202 IP ,SI' DLIE LII T",S 90 days (past due :1..20 days (past dine ToW ai" nount (past dine ar nount ar nount J U IME 2023 IIIIIIIIIIIIIIIIIIIIIIII J U II,,.Y 2 023 11.....11 % 01HANGE J U INE - J U II,,.Y 1.0.0 % 5.0% 0.0% -,5.0% -1.Q .0% -°1..5.0% -20.0% August 15, 203 L - 1 �U P-QUANGELES CITY COUNCIL uiGu �rrtrti �u�,u,' WASH I N G T O N, U.S. MEMO Date: August 15, 2023 To: City Council From: Calvin W. Goings, Assistant City Manager Shannen Cartmel, Community and Economic Development Manager Subject: Short -Term Rental Regulation Update Summary: On June 6, City Council authorized staff to contract with GovOS, Inc. to initiate the process of regulating short-term rentals in the City. The City and GovOS, Inc. entered into a contract on June 29 for these services. Funding: Funding is available in the Community and Economic Development 2023 Budget for the GovOS contract in the amount of $40,000. Recommendation: Information only. Background / Analysis: On June 6, City Council authorized staff to contract with GovOS, Inc. for the regulation of short-term rentals. A contract was signed on June 29 for these services. The steps identified for a successful regulatory process include: 1. Inventory of all short-term rental properties within City limits. This inventory will indicate which properties are an allowed use within the zoning designation, which properties are registered as short- term rentals, and how much lodging tax is generated/lost from existing rentals. 2. Bring non -registered properties into compliance. This includes public and stakeholder engagement strategies and the drafting of regulations. 3. Create a fee schedule to implement a compliance program. This includes permitting and code enforcement efforts. In the short six weeks since the contract was signed, initial steps have already been taken by the consultant team and City staff to prepare the necessary information transfer that will ensure the most accurate and up- to-date property ownership, zoning, and regulations are used in the process. The City of Port Angeles is now in the GovOS, Inc. project management queue and is awaiting scheduling by GovOS, Inc. for next steps. Additionally, City staff have worked to juggle competing priorities due to newly initiated amendments to Title 17 and recent staffing changes in the Community and Economic Development team. Since the execution of the contract, staff have also been working diligently to hire and on -board the new housing position which will play a key role in the successful implementation of short-term rental regulations. As shown in the attached draft implementation schedule, next steps include completing the inventory; completing a data transfer; drafting of a public outreach plan; and the commencement of stakeholder engagement. Staff anticipates the completion of the code amendments in Q2 of 2024. Funding Overview: Funding is available in the Community and Economic Development 2023 Budget for the work of GovOS in the amount of $40,000. Attachment: � rab6g,%T462idementation Schedule L - 2 Customer provides Parcel and Registration Data Confirms Payment Processor and Sends API Information Customer provides Transient Occupancy Tax Form Customer provides STR Registration, Renewal and Waitlist Workflows Customer provides Registration and Compliance Letter STR Compliance Discovery Meeting Transient Occupancy Tax Form Discovery Meeting STR Workflows Discovery Meeting • STR Hotline Discovery Meeting GovOS Creates Custom Site f GovOS Loads Parcel and Registration Data GovOS Builds Transient • Occupancy Tax Form 0 0 0 0 OJT GovOS Completes Payment Processor Integration 0 0 0 0 40 0 0 0 9/0 49 • GovOS Builds STR Workflows 0 0 0 40 0 0 0 9/0 49 GovOS Completes the Initial Advertisement Census 0 0 0 40 0 0 0 9/0 49 GovOS Builds STR Hotline Campaign Weekly User Acceptance Testing (UAT) Meetings 0 0 40 0 0 0 9/0 4 GovOS Completes Final Configuration Requirements 0 0 40 0 0 0 9/0 4 from UAT Meetings Customer Approves STR Registration, Renewal and 0 40 0 0 0 9/0 4 Waitlist Workflows Customer Verifies Calculations for Transient Occupancy Tax 49 Form Customer Confirms Test Payments Post to Bank Account GovOS Prepares Registration Letters for Customer to Send 9/0 49 • GovOS STR Advertisement Compliance Platform Training 49 GovOS Registration and Tax Platform Training Go -Live *A delay from the Jurisdiction on these items will resultin a delayed Go Live date. Winter holiday's may also extend the timeline