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CC 01162024 Agenda Packet
January 16, 2024 Port Angeles City Council Meeting Page 1 JANUARY 16, 2024 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 sta ff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5th 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 1. Proclamation in Recognition of Martin Luther King Jr. Day C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an or derly and timely manner. Visit https://www.cityofpa.us/Live-Virtual-Meetings to learn how to participate during public comment and or watch the meeting live. Written public comments can be submitted to: council@cityofpa.us, comments will not be read aloud. To provide pre-recorded messages to the City Council by phone, please call 360 -417-4504. Messages received will be made a part of the final record. Comments should be received by 2:00 p.m. Tuesday, January 16, 2024. Audio only: 1-844-992-4726 Access code: 2557 093 3907 Webinar password: rpXPMpii622 (77976744 from phones and video systems) 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 January 16, 2024 meeting only. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m7c561ff47e00556542f75c44cd62a7d6 If you wish to make a comment or public testimony, please use the “raise your hand” feature in Webex. You will be notified when it i s your turn to speak. Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment." During the "Public Comment" portion of the meeting, individuals may speak to agenda items, except those scheduled for a Publi c 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 reaso nable 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 Publi c Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those who wish to speak to an item on the meeting’s agenda. If time remains, the presiding officer will call other individua ls wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 January 16, 2024 Port Angeles City Council Meeting Page 2 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve 1. City Council Minutes of November 21 and December 5, 2023 / Approve ...................................................................... E-1 2. Expenditure Report: From December 5, 2023 to January 5, 2024 in the amount of $1,652,389.68 / Approve .............. E-6 3. Berg Benefits Professional Services Agreement and RedQuote HRA Adoption Agreement / Authorize the City Manager to sign 1.) the Berg Benefits Professional Services Agreement in an amount not to exceed $53,400; and 2.) the RedQuote Adoption Agreement. ....................................................................................................................................................... E-22 4. Harbor Clean-up Agreement Amendment #2 to Work Order #4 / 1.) Approve Change Order No. 2 to Work Order No. 4 expanding the work and budget of the Environmental Services Agreement; and 2.) Authorize payment of the City’s share of Change Order No. 2 to Work Order No. 4; and 3.) Authorize the City Manager to execute documents necessary and appropriate to implement Change Order No. 2 to Work Order No. 4; and 4.) to make minor modifications to those documents as necessary. .................................................................................................................................................. E-44 5. Construction grant acceptance 16th Street LID / Accept the Washington State Department of Ecology (WSDOE) construction grant in the amount of $1,667,250, authorize the City Manager to execute the WSDOE grant agreement WQC -2024- PoAnPW-00217, sign all required grant forms, and make minor modifications as necessary........................................ E-46 6. Water System Plan Update– Professional Services Agreement (PSA-2023-42) / Award a Professional Services Agreement, for services to update the Water System Plan, Jacobs Engineering Group in the not to exceed amount of $96,055.00, and authorize the City Manager to sign and execute the Agreement and to make minor modifications to t he Agreement as necessary................................................................................................................................................... E-94 7. Facility Use Agreement – Farmer's Market / 1) Approve and authorize the City Manager to sign a Facility Use Agreement with the Clallam County Gem and Mineral Association and; 2) Allow the City Manager to make any minor modifications to the agreement, if necessary. ........................................................................................................................................... E-115 8. Facility Use Agreement – Community Garden / 1) Approve and authorize the City Manager to sign a Facility Use Agreement with Contract with the Port Angeles Community Garden and; (2) Allow the City Manager to make any minor modifications to the agreement, if necessary. ............................................................................................... E-124 9. Facility Use Agreement – CCMAGA Rock Show / 1) Approve and authorize the City Manager to sign a Facility Use Agreement with the Clallam County Gem and Mineral Association and; 2) Allow the City Manager to make any minor modifications to the agreement, if necessary. ............................................................................................... E-129 F. Public Hearings | 6:30 p.m. or Soon Thereafter .................................................................................................. None G. Ordinances Not Requiring Council Public Hearings 1. Grant Authority to the Director of Public Works and Utilities for Cardboard Disposal / Conduct 1st Reading / Continue to February 6 Meeting ........................................................................................................................................................ G-1 H. Resolutions Not Requiring Council Public Hearings 1. Body Worn Camera Fee Change Resolution / Pass Resolution ..................................................................................... H-1 I. Other Considerations 1. Options for Amending Short-term Rental Enforcement Activity /Council Discussion ................................................... I-1 2. 2024 Legislative Priorities / Council Discussion and Approve ....................................................................................... I-3 3. Lincoln School Redevelopment Opportunities / Authorize .................................................................................... I-8 4. Cost/Benefit Analysis of City Property Ownership / Council Discussion ....................................................................... I-9 5. City Council Assignments for 2024-2025 / Council Discussion / Adjustments / Approve .............................................. I-10 J. Contracts & Purchasing 1. Vehicle Purchase – Replacement of Fire Department Medic Unit #7201/ Accept and Authorize ................................... J-1 K. Council Reports January 16, 2024 Port Angeles City Council Meeting Page 3 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. L. Information City Manager Reports: 1. Monthly Update on Past Due Utility Accounts - December ............................................................................................ L-1 2. 2023 Year-End Building Report ...................................................................................................................................... L-2 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment C\wOE PORT kvc "%Va. iii7) PROCLAMATION Remembering the Reverend Dr. Martin Luther King, Jr. for His Contributions to the Ideals of Equality and Justice Throughout the World WHEREAS, the Reverend Dr. Martin Luther King, Jr. embodied an American ideal throughout his life by combining deep spirituality with a profound commitment to political action throughout his pursuit of civil rights, showing America that racial injustice and violence should not be tolerated; and WHEREAS, in the 61 years since Dr. King's famous"I Have a Dream" speech, our community reflects upon the progress made toward his vision of"the sons offormer slaves and the sons offormer slave owners will be able to sit down together at the table of brotherhood and further resolves to create a nation where they will not be judged by the color of their skin but by the content of their character"; and WHEREAS, Dr. King's uncompromising courage and leadership, from the Montgomery Bus Boycott to the Selma Voting Rights Movement, and on through the Poor People's Campaign, serves as a beacon to inspire us all with messages of hope for days of greater equality and prosperity through continued dedication to the principles of equal justice, inclusion, and respect for basic human dignity; and WHEREAS, the City strives to promote tolerance,understanding and friendship, and to combat prejudice and eliminate discrimination. Commemorating Dr. King's life is not only a tribute to his contributions to our community and the world, but also a reminder that every day, each of us can play a part in continuing his fundamental work; and WHEREAS, the City of Port Angeles must continue to strive for tolerance in order to provide a more cohesive, peaceful community. A community that celebrates diversity and freedom without fear of persecution leads to acceptance and appreciation of all cultures and in turn improves our way of life. NOW, THEREFORE, I, Kate Dexter, Mayor, ON BEHALF OF THE CITY COUNCIL of PORT ANGELES, do hereby recognize January 15, 2024, as MARTIN LUTHER KING Jr. DAY in Port Angeles, and that we commemorate the life and work of the Rev. Dr. Martin Luther King, Jr. and urge all citizens to champion his ideals of equality and justice. ti100t0444y crk : ;er awns 43 • January 15,2024 Kate Dexter, Mayor ..' ' "<< �tr r ,, _. , ,� .,, ;"� r '',' -;,eili glt,� City Council Meeting January 16, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearly resident or Topic business owner. Yes or No ' LCI.A7-e-- /� Ye) or No r'C(-1+ s 1 - C Cc u C b S 4 Yes or No T R i "�� or o /4"i /,‘ tt \ -c rfl fl/ 1,‘-(1 iv,v/it‘ - ( c-7 f.- .•.; Yesj or No ., 1 - C-ct \ eorNo S / !, ‘ A \ -20 ,C-L-5r\/11 Yes or No 5----re - - • orNo ) 1U (AS ..5 1 / /\,15 " ti ilp or No 37& L_ , \, lt. FLlCS3C,\ ` Yes or ST Page 1 City Council Meeting January 16, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles resident or Print Name Clearly TOp1C business owner? Yes or No 1-1 9 /1' NIE.(1( 'k C(k) Ciii,.)...,L'es)r No C.. T r / , _ or No ) ' \ • :5cA Yes orit;;0 %TR Yes or No Yes or No Yes or No Yes or No Yes or No Yes or No Page 2 CITY OF PORT ANGELES CITY COUNCIL November 21, 2023 This meeting was conducted as a hybrid meeting. CALL TO ORDER SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:30 p.m. Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, McCaughan (attending virtually), Miller, Schromen-Wawrin (attending virtually) and Suggs. Members Absent: None Staff Present: City Manager West, Attorney Bloor, Clerk Martinez-Bailey. EXECUTIVE SESSION Based on input from City Attorney William Bloor, Mayor Dexter announced the need for an Executive Session under RCW 42.30.110(1)(f) to receive and evaluate complaints or charges brought against a public officer or employee until 5:59 p.m. The City Council moved to the Jack Pittis Conference Room for a virtual Executive Session. The meeting convened at 5:30 p.m. At 5:59 p.m. Council moved back to the City Council Chambers to continue their special meeting in open session. ADJOURNMENT Mayor Dexter adjourned the Special Meeting at 5:59 p.m. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port An geles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, McCaughan (attending virtually), Miller, Schromen-Wawrin (attending virtually) and Suggs. Members Absent: None Staff Present: City Manager West, Assistant City Manager Goings, Attorney Bloor, 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. PUBLIC COMMENT Leslie Forsberg, residing outside city limits, spoke about code that regulates short-term regulation in residential zones. Steven Pelayo, resident of Port Angeles, spoke about regulation of short-term regulation in residential zones and provided potential solutions. Brian Heberling, residing outside the city limits, spoke about his experience owning short -term rentals. Ashlynn Emiliani, city resident, spoke about her experience as a short-term rental owner, and lodging tax as it relates to tourism. Laurel Cripe, city resident, spoke to the short-term information found in the Council packet. Steve Workman, city resident, spoke about Planning Commission minutes and short -term rentals. January 16, 2024 E - 1 PORT ANGELES CITY COUNCIL MEETING – November 21, 2023 Page 2 of 5 Jim Halburg, city resident, spoke about the impacts City Council decisions make on the community and suggested a pause until the Council can base decisions on data. John Burkavage, city resident and short-term rental owner, spoke about short-term rentals, property ownership, and collaboration. Skip Hutchison, city resident, spoke about local tourism and the importance of short-term rental income to his family. Shireen Hutchison, city resident, spoke about her short-term and long-term rental experiences owning a home. Ramona Wilcox, city resident, spoke about her positive experiences as the owner of a short-term rental. Jake Purvis, residing outside of the city limits, speaking in favor of short -term rentals, offered solutions for Council’s consideration. PUBLIC HEARINGS 1. Property Tax Levy Finance Director Sarina Carrizosa presented the agenda item, a second reading of the proposed Property Tax Ordinance levying property tax for collection in 2023 for collection in the fiscal year 2024, and said Council would also consider a resolution to levy property tax in 2024. Director Carrizosa stated that during the November 8th meeting a presentation was provided that highlighted the property tax levy increase proposed and summarized average changes to homeowners. At 6:48 p.m., the Mayor continued the public hearing. Trisha Plute, city resident, spoke in opposition of the Property Tax Levy. After verifying there were no other members of the public wishing to provide public testimony in the room or from virtual attendance, the Mayor closed the public hearing. Mayor Dexter conducted a second reading of the ordinance by title, entitled, ORDINANCE NO. 3724 AN ORDINANCE of the City of Port Angeles, Washington, levying 2023 regular ad valorem property taxes for collection in the fiscal year 2024, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. RESOLUTION NO. 11-23 A RESOLUTION of the City Council of the City of Port Angeles, Washington, pursuant to RCW 84.55.120, authorizing an increase in the regular property tax levy for 2024. It was moved by Carr and seconded by Miller to: Adopt the ordinance and pass the resolution as read. Motion carried 6-1 with Meyer opposed. The Mayor recessed the meeting for a break at 7:00 p.m. The meeting reconvened at 7:05 p.m. 2. 2024 Budget City Manager Nathan West presented the agenda item, provided an overview of the process, spoke about the work done by the Finance Department, and turned the presentation over to Director Carrizosa. Director Carrizosa spoke about the development of the budget, stated the budget was balanced in the amount of $178,350,500. During the presentation she shared the theme, Strengthening the City’s Foundation, spoke about efforts to enhance the customer service experience, work done to increase the safety of the local community, promoting environmental resili ence, investing in upgrades to City infrastructure, and spoke about changes from the preliminary budget. January 16, 2024 E - 2 PORT ANGELES CITY COUNCIL MEETING – November 21, 2023 Page 3 of 5 At 7:28 p.m. the Mayor opened the public hearing. John Ralston, city resident, spoke about the proposed grant writer position . Mayor Dexter conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. xxxx AN ORDINANCE of the City of Port Angeles, Washington, adopting the 2024 budget for the fiscal year ending December 31, 2024. After verifying there were no other members of the public wishing to provide public testimony in the room or from virtual attendance, the Mayor continued the hearing to December 5. OTHER CONSIDERATIONS 1. 4PA Presentation 4PA President Joe DeScala shared slides and information relative to a new project that would support the unhoused. DeScala offered time for Council to ask questions about this new project. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS Council member Schromen-Wawrin made the request to move item L-4 under Information, the Short-term Rental Update to Other Considerations as item I-3. Hearing no objections to the change, the Mayor adjusted the agenda. CONSENT AGENDA At the request of Councilmember McCaughan, and after hearing no objection, the Mayor added 3rd Amendment of the 2023 Budget and Annual ITD Lease, License, and Maintenance Subscription to the Consent Agenda. It was moved by Carr and seconded by Suggs to approve the Consent Agenda to include: 1. City Council Minutes of October 17, 2023 / Approve 2. Expenditure Report: From October 28, 2023 to November 10, 2023 in the amount of $5,598,612.51 / Approve 3. Memorandum of Understanding with Port Angeles Youth Basketball Amendment / 1.) Approve and authorize the City Manager to sign a Memorandum of Understanding between the City of Port Angeles and Port Angeles Youth Basketball and; 2.) Authorize the City Manager to make minor modifications to the agreement if necessary. 4. Agreement for Services with FirstDue / 1) Award a contract to Services Locality Media, Inc. dba First Due for software-as-a-service for Personnel Scheduling/Management and Assets & Inventory tracking and; 2) authorize the City Manager to execute the Agreement for Services and all other necessary documents to complete the Agreement for Services and to make minor modifications to the contract if necessary. 5. Police Range Cover Construction, CON-2023-31, Award Construction Contract / 1)Award a construction contract to N&N Construction of Port Ludlow, WA to build the pole building cover at the police gun range for $46,516.00, including applicable taxes, and; 2) authorize the City Manager to sign and to make minor modifications to the contract as necessary. 6. Material Purchase: Electrical Underground Cables –2023 Purchase / Award and authorize the City Manager to sign a contract with WESCO Distribution, Inc. through the SourceWell cooperative purchasing agreement, for 15,000 feet of electrical underground cable at a price of $88,372.35 including sales tax, and to make minor modifications to the contract as necessary. 7. Amendment to Safety Training Contract SVC-2022-66 / Approve and authorize the City Manager to sign Amendment 2 to the Northwest Safety Services, LLC contract SVC-2022-66 increasing the total contract value by $13,882.80 to a new not to exceed amount of $32,392.84, extend the agreement expiration date to December 31, 2024, add twelve (12) additional days of training, and to make minor modifications to the agreement, as necessary. January 16, 2024 E - 3 PORT ANGELES CITY COUNCIL MEETING – November 21, 2023 Page 4 of 5 8. Locomotive #4 Asbestos Abatement Removal- PK0316 / 1.) Approve and authorize the City Manager to sign a contract with Bullseye Abatement Services, LLC out of Puyallup, WA in the amount of $58,800.52 and; 2.) Allow the City Manager to make minor modifications if necessary . 9. 2023 Budget Amendment #3 / 1. Conduct the first reading of the 2023 Budget amendment #3 ordinance; and 2. Continue to the December 5th Council meeting. 10. Annual ITD Lease, License, and Maintenance Subscriptions / 1) Approve the purchase of additional Microsoft server core licenses from SHI in the amount of $116,579.64 including tax, 2) PowerEdge R390, R440, R730 server hardware maintenance in the amount of $8,277.60, 3) approve Citywide copier leases through Pacifi c Office Equipment from the NASPO Contract #140595 for a period of five years in an amount not to exceed $44,037.24 annually, including tax, plus monthly usage and maintenance costs, and 4) allow t he City Manager to administer the purchase and make minor modifications if necessary. Motion carried 7-0. OTHER CONSIDERATIONS CONTINUED 2. 2024 Legislative Priorities Manager West introduced the agenda item and encouraged Council discussion, but first asked Police Chief Smith to speak to OPNET funding challenges. Council members each took a moment to share their individual priorities for the year 2024 so that staff could create a state priority list. Council discussion followed. Mayor recessed the meeting for a break at 8:32 p.m. The meeting reconvened at 8:38 p.m. 3. Short-term Rental Update Assistant City Manager Calvin Goings presented the agenda item, spoke about community feedback opportunities and outlined the drop-in community feedback outreach event for Thursday, January 11th at the Port Angeles Community and Senior Center. It was moved by Schromen-Wawrin and seconded by Carr to: Table the short-term rental public engagement plan development process to give the City time to further analyze the matter until it is clear whether the current zoning-based short-term rental policies need to be changed and to ask staff to prioritize platform-based enforcement of the existing code requirements. Prior to the vote, Manager West stated Council member McCaughan was ill and left the meeting. It was moved by Schromen-Wawrin and seconded by Carr to: Excuse Council member McCaughan from the remainder of the meeting. Motion carried 6-0. The motion to amend the main motion failed, 3-3. Council returned to the main motion: Pass the motion as read. The motion failed 1-5, with Schromen-Wawrin in favor. Steve Pelayo, city resident, spoke about the Planning Commission, and spoke to STR complaints. Laurel Cripe, city resident, spoke about messaging from the City of Port Angeles relative to code enforcement. Donnett Hope, city resident, spoke about Council discussions relative to compliance. Steve Workman, city resident, shared his experience reporting a short-term rental in violation with the current City code. It was moved by Meyer and seconded by Carr to: Extend the meeting until 10:30 p.m. The motion carried 6-0. John Ralston, city resident, spoke about code enforcement and tax distribution. January 16, 2024 E - 4 PORT ANGELES CITY COUNCIL MEETING – November 21, 2023 Page 5 of 5 John Halburg, city resident, spoke in favor of short-term rentals. Mike French, city resident, spoke about electronic monitoring systems in his neighborhood and spoke about building reports showing improvements, and spoke about outreach to local workforces about housing. Stanley Hope, city resident, spoke about his experience as a short -term rental owner. Shawn Washburn, residing outside city limits, spoke about short-term rentals and affordable housing. CONTRACT & PURCHASING 1. City Pier Vicinity Repairs, CON-2019-36, Award Construction Contract Director of Public Works & Utilities Healy spoke to the agenda item and identified repairs the contract would cover. It was moved by Suggs and seconded by Miller to: Award a contract to Nordland Construction NW Inc. from Nordland, WA to perform City Pier parking area sidewalk, armoring, and stormwater infrastructure repairs for $234,160.00 including applicable taxes and authorize the City Manager to sign and to make minor modifications to the contract if necessary. Motion carried 6-0. CITY COUNCIL REPORTS Due to the time, Council limited reports. As it was Council member Millers last meeting of the year, she provided a brief report. Miller expressed her appreciation for the opportunity to serve. No other reports were given. ADJOURNMENT Mayor Dexter adjourned the meeting at 10:17 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk January 16, 2024 E - 5 CITY OF PORT ANGELES CITY COUNCIL December 5, 2023 This meeting was conducted as a hybrid meeting. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port An geles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, McCaughan, Schromen-Wawrin, Schwab and Suggs. Members Absent: None. Staff Present: City Manager West, Assistant City Manager Goings, 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. PUBLIC COMMENT Ashlynn Emilani, city resident, spoke in favor of short-term rentals. Janice Etherton, city resident, spoke about activities available at the Senior and Community Center, and thanked Council for considering the HVAC upgrades. Donnette Hope, city resident, spoke in favor of short-term rentals and how they benefit the community. Leslie Forsburg, residing outside of city limits, spoke in favor of short -term rentals. Brian Heberling, residing outside the city limits, spoke in favor of short -term rentals. Jim Halburg, city resident and business owner, spoke about complaints received on short -term rentals and stated that a majority of the complaints were made by one person and spoke in favor of short -term rentals. Steven Pelayo, city resident, spoke in favor of short-term rentals, and spoke to the number of requests against short- trm renatls were made by one person. Steven Workman, city resident, spoke about comments made by Council about short -term rentals. John Ralston, city resident, spoke about short-term rentals. Jake Purvis, residing outside city limits and city business owner, spoke in favor of short-term rentals and spoke about several individuals who are using their work as employees of short-term companies to get by. PUBLIC HEARINGS 1.2024 Budget Finance Director Sarina Carrizosa, provided information, stating there were no changes since the first reading. At 6:36 p.m. the Mayor continued the public hearing. John Ralston, city resident, spoke in opposition of the proposed budget and questioned the natural resources planner position identified in the 2024 Budget. January 16, 2024 E - 6 PORT ANGELES CITY COUNCIL MEETING – December 5, 2023 Page 2 of 5 After the Mayor confirmed there were not other individuals wishing to provide public testimony in Chambers and online, the Mayor closed the public hearing. Mayor Dexter conducted a second reading of the ordinance by title, entitled, ORDINANCE NO. 3725 AN ORDINANCE of the City of Port Angeles, Washington, adopting the 2024 budget for the fiscal year ending December 31, 2024. It was moved by Suggs and seconded by Schromen-Wawrin to: Adopt the ordinance as read. Motion carried 7-0. CONSENT AGENDA Council member Suggs asked the Mayor to pull the Lease Agreement Between the City and Lower Elwha Klallam Tribe for Use of the Carnegie Library Building Item E-9. At the request of Councilmember McCaughan and after hearing no objection, Mayor Dexter added Budget Amendment / Adopted Ordinance #G-1 to the consent agenda as item E-10. It was moved by Carr and seconded by Schromen-Wawrin to approve the Consent Agenda to include: 1. City Council Minutes for October 24, 2023 / Approve 2. Expenditure Report: From November 11, 2023 to November 24, 2023 in the amount of $1,254,190.75 / Approve 3. Pagefreezer 3-Year Agreement for Service / 1) Award a 3-year contract with Pagefreezer in the amount of $3,588.00 per year for software to archive and store social media content gathered on City of Port Angeles Facebook pages, and 2)authorize the City Manager to execute all documents necessary for this contract and to make minor modifications as necessary. 4. Update and Renewal of Olympic Ambulance Services Agreement / 1) Approve the attached services agreement with Olympic Ambulance for the provision of emergency medical services within the City of Port Angeles and 2) authorize the City Manager to sign and implement the agreement and to make minor modifications to the agreement if necessary. 5. Agreement with National Cash Registry for Merchant Services / 1) Authorize the City Manager or his designee to sign the agreement with National Cash Registry for a three-year period in an amount not to exceed $600.00 per year plus transactional fees and 2) to make minor modifications, as necessary. 6. Reciprocal Fire Protection Act Agreement with Olympic National Park / 1) Approve attached Reciprocal Fire Protection Act Agreement with the United States Department of Interior, National Park Service and Olympic National Park for the provision of emergency services including, but not limited to, structural fire response, wildland fire control, emergency rescue and cooperative assistance and 2) authorize the City Manager and Fire Chief to sign the agreement. 7. Resolution Updating the City’s Fee Schedule / 1) Pass Resolution # 12-23 and 2) authorize the City Manager to make minor modifications, as necessary. 8. Declaration of Emergency – Viewing Tower at City Pier / Pass Resolution #13-23 and ratify the Declaration of Emergency signed by the City Manager on November 21, 2023. 9. PULLED FROM CONSENT AGENDA - Lease Agreement Between the City and Lower Elwha Klallam Tribe for Use of the Carnegie Library Building 10.ADDED TO THE CONSENT AGENDA 2023 Budget Amendment #3 / Adopted Ordinance # 3726 1.) Conduct the second reading of the 2023 Budget amendment #3 ordinance; and 2.) Adopt the ordinance. Motion carried 7-0. OTHER CONSIDERATIONS 1. 2024 Lodging Tax Advisory Committee Budget Recommendati on Assistant City Manager Goings presented the agenda item and provided background on the matter. Council discussion followed. Council member Schwab spoke to his connection to one of the recipients, and asked Council and the Assistant City Attorney to weigh in. After learning abstention was the most prudent approach, Schwab stated he would abstain from the discussion and abstain from the vote. January 16, 2024 E - 7 PORT ANGELES CITY COUNCIL MEETING – December 5, 2023 Page 3 of 5 It was moved by Carr and seconded by Suggs to: Adopt the Lodging Tax Advisory Committee’s recommended final allocation for the 2024 Lodging Tax Fund budget in the amount of $1,071,800 and authorize the City Manager to implement the LTAC recommendations and make any minor modifications as necessary. Motion carried 6-0 with Schwab abstaining from the vote. 2. Association of Washington Cities City Action Days Manager West provided background which would include a discussion by Council to determine who was available and willing to go to the Conference. Council members Miller, Schwab, and Carr expressed interest and availability to attend. Council member Schromen-Wawrin expressed interest in attending. There were no objections heard. It was moved by Suggs and seconded by Carr to: Excuse Council member Carr from the meeting. Motion carried 6-0. The Mayor recessed the meeting for a break at 7:00 p.m. At this same time, Council member Carr left the meeting. The meeting reconvened at 7:05 p.m. RESOLUTIONS NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Senior Center HVAC Parks and Recreation Director Corey Delikat provided a history on the matter and introduced Angie Etson and Greg Stinson from Trane Technologies, presented slides, spoke to the upgrades, spoke to funding and continued work to find additional funding. Mayor Dexter read the resolution by title, entitled, RESOLUTION NO. 14-23 A RESOLUTION of the City Council of the City of Port Angeles, Washington, approving funding from the American Rescue Plan Act for Senior Center HVAC system that will include solar power and battery back-up. It was moved by McCaughan and seconded by Meyer to: Approve a Resolution to authorize the City Manager to use ARPA funding to replace the HVAC systems for the Port Angeles Senior Center in the amount of $1,792,110.00 and; allow the City Manager to sign any contracts/documents with TRANE Technologies Inc. and Washington State Department of Enterprise Services (DES) and; allow the City Manager to make any minor modifications to the agreements if necessary. Motion carried 6-0. OTHER CONSIDERATIONS CONTINUED 3. Multi-Organizational Meeting on Elwha Legacy Forest & Power Plant Timber Sale Manager West provided background on the matter , spoke to the Council motion, provided different options that were considered by City Council, provided an update on outreach efforts, and recognized former City of Port Angeles Council member French was in the audience. Council discussion followed. It was moved by Schromen-Wawrin and seconded by McCaughan to: Table the meeting discussion until the City gets direction from the Department of Natural Resources on the Trust Land Transfer application. Motion carried 5-1 with Suggs opposed. Item E-9 Pulled from Consent Agenda: Lease Agreement Between the City and Lower Elwha Klallam Tribe for the Use of the Carnegie Library Building Manager West provided background on the matter, and spoke to the change of lease from the formerly known as the historical society to the Lower Elwha S’Klallam Tribe as the tribal museum. January 16, 2024 E - 8 PORT ANGELES CITY COUNCIL MEETING – December 5, 2023 Page 4 of 5 It was moved by Meyer and seconded by McCaughan to: Approve the Carnegie Building Lease for the use of the Lower Elwha Klallam Tribe and authorize the City Manager to make minor modifications to the Lease Agreement as necessary. Motion carried 5-1 with Suggs opposed. It was moved by Schromen-Wawrin and seconded by Suggs to: To table the motion and direct staff to negotiate either a 20 -year lease with museum open hours standards or a five- year lease with auto terms as is. Motion to table the motion failed, 2-4 failed with Schromen-Wawrin and Suggs in favor. It was moved by Schromen-Wawrin and seconded by Suggs to: Sell the Carnegie Library Building to the Lower Elwha S’Klallam Tribe for $1.00. Motion failed 2-4 with Schromen-Wawrin and Suggs in favor. CONTRACTS & PURCHASING 1. Big Boy Pond-Professional Services Agreement Director of Public Works & Utilities Mike Healy presented the agenda item and spoke to the contract that would engage in a professional service contract with Parametrix to perform a study project on Big Boy Pond. It was moved by Schromen-Wawrin and seconded by Suggs to: Award a Professional Services Agreement to Parametrix, Inc. to perform the Big Boy Pond Study project for a maximum amount not to exceed $151,604.23, and authorize the City Manager to execute the agreement and to make minor modifications to the contract, as necessary. Motion carried 6-0. 2. Fire Department Vehicle Purchase Director Healy presented the agenda item and spoke to agenda item and provided background, stating the vehicles were purchased through the City’s membership in the Washington State Purchasing Cooperative, purchasing the vehicles from Bud Clary Ford of Longview, Washington. It was moved by Schromen-Wawrin and seconded by Suggs to: Approve the purchase and outfitting of two (2) new Fire Department 2024 F150 4x4 Pickup Trucks from Bud Clary Ford of Longview, Washington through the Washington State Purchasing Cooperative contract #05916 in an amount not to exceed $147,627.27, including tax, and authorize the City Manager to execute all contract documents necessary to complete the purchase and outfitting and make minor modifications as necessary. Motion carried 6-0. Mayor recessed the meeting for a break at 8:09 p.m. The meeting reconvened at 8:15 p.m. CITY COUNCIL REPORTS Council member Schwab spoke to upcoming attendance at the Association of Washington Elected Officials Essentials Work Shop. Council member Schromen-Wawrin welcomed Council member Schwab, spoke to a Peninsula Daily News reader poll, short-term rentals, and housing. Council member Meyer spoke to participation at a downtown event. Council member McCaughan spoke about an upcoming final Council report. Mayor Dexter spoke to her participation at the National League of Cities Conference in Atlanta, Georgia. No other reports were given. INFORMATION January 16, 2024 E - 9 PORT ANGELES CITY COUNCIL MEETING – December 5, 2023 Page 5 of 5 Manager West provided a correction to a Council packet item, sharing the indication of the Olympic Ambulance start date was intended for 2024, spoke to the Winter Ice Village take-over by City employees, and spoke to the City holiday party. Manager West turned the time over to Director Healy who provided an update on food waste, sharing the restaurants at The Wharf was being directed to Sisterland Farms, expressing his hope that the food composting program would continue to grow. SECOND PUBLIC COMMENT Jake Purvis, residing outside city limits and city business owner, thanked Council for their work and his experience as a short-term rental owner. Justin (speaker did not state last name), spoke to affordable housing. Steven Pelayo, city resident, spoke about statements made by Council. Dan Anderson, city resident, spoke about statements made by Council and short-term rentals compliance. Ashlynn Emilani, city resident, spoke to short term rentals. Stanley Hope, city resident, spoke in favor short term rentals. Donnette Hope, city resident, spoke in favor of short-term rentals and how they benefit the community. Amanda Wilcox, in a pre-recorded message, spoke in favor of short-term rentals. Andrea Wright, city resident, in a pre-recorded message, spoke to the effects of a short-term rental regulation. Nick Strang, city resident, in a pre-recorded message, spoke in favor of short-term rentals. (Unable to determine due to quality of recording), city resident, in a pre-recorded message, spoke in favor of short- term rentals. Jim Haguewood, city resident, in a pre-recorded message, spoke against the short- term rental moratorium. ADJOURNMENT Mayor Dexter adjourned the meeting at 8:54 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk January 16, 2024 E - 10 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount A/R MISCELLANEOUS REFUNDS OVRPMT OF FD FEES 001-0000-213.10-90 1,476.52 MISC DEPOSIT & PERMIT REFUNDS SALES TAX 001-0000-237.30-00 47.88 WA STATE PATROL DECEMBER FINGERPRINT 001-0000-229.50-00 278.25 WASHINGTON (DOL), STATE OF DECEMBER CPL'S 001-0000-229.60-00 708.00 Division Total:$2,510.65 Department Total:$2,510.65 OLYMPIC STATIONERS INC NAME PLATE 001-1160-511.31-01 37.54 Mayor & Council Division Total:$37.54 Legislative Department Total:$37.54 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES 001-1210-513.31-01 73.29 OFFICE SUPPLIES 001-1210-513.31-01 (30.06) OFFICE SUPPLIES 001-1210-513.31-01 16.04 City Manager Division Total:$59.27 FEDERAL PAYROLL TAX QUARTERLY PMT 001-1220-516.20-10 0.04 QUARTERLY PMT 001-1220-516.20-10 468.00 Human Resources Division Total:$468.04 SOUND PUBLISHING INC ORDINANCE 3725/3726 001-1230-514.44-10 37.60 City Clerk Division Total:$37.60 City Manager Department Total:$564.91 OLYMPIC PRINTERS INC PAPER (OFFICE,PRINT SHOP) 001-2023-514.31-01 663.68 Accounting Division Total:$663.68 ELAVON, INC-WIRE 3rd Party Cr Card Fees 001-2025-514.41-50 6,812.35 3rd Party Cr Card Fees 001-2025-514.41-50 (6,812.35) TRANSACTION FEES 001-2025-514.41-50 2,485.95 PAYMENTUS GROUP INC TRANSACTION FEES 001-2025-514.41-50 399.16 TRANSACTION FEES 001-2025-514.41-50 14,848.83 SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.001-2025-514.31-11 54.37 Customer Service Division Total:$17,788.31 Finance Department Total:$18,451.99 CLALLAM CNTY COMMISSIONER'S OFFICE SUPPLIES 001-3012-598.51-23 86,755.23 SUPPLIES 001-3012-598.51-23 90,659.45 Jail Contributions Division Total:$177,414.68 LEXISNEXIS SUBSCRIPTION 001-3030-515.49-01 435.20 City Attorney Division Total:$435.20 City Attorney Department Total:$177,849.88 Page 1 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 11 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount LEXIPOL LLC HUMAN SERVICES 001-5010-521.49-01 3,987.34 HUMAN SERVICES 001-5010-521.49-01 10,080.72 LEXISNEXIS SUBSCRIPTION 001-5010-521.49-01 54.40 WA ASSN OF SHERIFFS & POLICE CONF REGISTRATION 001-5010-521.43-10 1,150.00 Police Administration Division Total:$15,272.46 KITSAP COUNTY SHERIFF'S OFFICE 2023 FALL EVOC 001-5022-521.43-10 249.70 LINCOLN STREET STATION SHIPPING 001-5022-521.42-10 47.02 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEDICATION-COPPER 001-5022-521.49-80 78.38 VIKING SEW & VAC MISCELLANEOUS SERVICES 001-5022-521.31-11 10.88 Patrol Division Total:$385.98 LEIRA MEMBERSHIPS 001-5029-521.43-10 50.00 HUMAN SERVICES 001-5029-521.43-10 150.00 PORT ANGELES POLICE DEPARTMENT CURTAINS-PROPERTY ROOM 001-5029-521.31-01 17.35 Records Division Total:$217.35 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 001-5050-521.48-10 163.20 EQUIP MAINT & REPAIR SERV 001-5050-521.48-10 205.36 Facilities Maintenance Division Total:$368.56 Police Department Total:$16,244.35 A-1 PERFORMANCE, INC CLEANING SERVICES 001-6050-522.41-50 403.01 Facilities Maintenance Division Total:$403.01 Fire Department Total:$403.01 MISC EMPLOYEE EXPENSE REIMBURSEMENT HOUSING REIMBURSEMENT FOR 001-7010-532.41-50 2,897.72 NEARMAP US INC DATA PROC SERV &SOFTWARE 001-7010-532.31-60 2,115.72 PACIFIC OFFICE EQUIPMENT INC BUILDING, FABRICATED 001-7010-532.48-10 540.74 BUILDING, FABRICATED 001-7010-532.48-10 2,921.28 FURNITURE, OFFICE 001-7010-532.31-80 4,258.43 Public Works Admin. Division Total:$12,733.89 Public Works & Utilities Department Total:$12,733.89 AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL 001-8012-555.31-01 23.93 SUPPLIES 001-8012-555.31-01 68.49 Senior Center Division Total:$92.42 MISC DEPOSIT & PERMIT REFUNDS CHAPEL - GRAVESIDE SERVIC 001-8050-343.60-14 525.00 Page 2 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 12 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount MISC DEPOSIT & PERMIT REFUNDS CREMAINS INTERMENT 001-8050-343.60-14 750.00 GRAVE LOT 001-8050-343.60-12 850.00 MEMORIAL SALE - INSCRIPTI 001-8050-343.60-13 570.00 Ocean View Cemetery Division Total:$2,695.00 ANGELES MILLWORK & LUMBER BUILDER'S SUPPLIES 001-8080-576.31-20 40.23 BROOM,BRUSH,MOP MFG MACH 001-8080-576.31-20 10.38 RENTAL CHARGES 001-8080-576.45-30 470.02 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8080-576.31-20 97.92 SUPPLIES 001-8080-576.31-20 89.63 CENTRAL WELDING SUPPLY SUPPLIES 001-8080-576.45-30 35.61 DR. PANZA LLC LAB &FIELD EQUIP,BIO,BOT 001-8080-576.43-10 210.00 FERRELLGAS INC FUEL,OIL,GREASE, & LUBES 001-8080-576.31-20 442.75 HAULAWAY STORAGE RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 201.92 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-8080-576.31-01 48.96 PORT ANGELES POWER EQUIPMENT SMALL ENGINE REPAIR 001-8080-576.35-01 68.30 RAINBOW SWEEPERS, INC RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 788.80 SESAC, INC MISC PROFESSIONAL SERVICE 001-8080-576.49-90 581.00 WALTER E NELSON CO FLOOR MAINT MACHINE,PARTS 001-8080-576.31-01 44.72 Parks Facilities Division Total:$3,130.24 Parks & Recreation Department Total:$5,917.66 HI-TECH ELECTRONICS INC SENIOR CTR FIRE MONTORING 001-8112-555.31-20 652.80 Senior Center Facilities Division Total:$652.80 AMAZON CAPITAL SERVICES STEAM & HOT WATER BOILERS 001-8131-518.31-20 509.86 FIRE CHIEF EQUIPMENT CO, INC FIRE PROTECTION EQUIP/SUP 001-8131-518.48-10 446.08 HARTNAGEL BUILDING SUPPLY INC BUILDER'S SUPPLIES 001-8131-518.48-10 736.54 HI-TECH ELECTRONICS INC CITY HALL FIRE MONTORING 001-8131-518.31-20 652.80 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 001-8131-518.48-10 326.40 EQUIP MAINT & REPAIR SERV 001-8131-518.48-10 410.72 Central Svcs Facilities Division Total:$3,082.40 Facilities Maintenance Department Total:$3,735.20 General Fund Fund Total:$238,449.08 GOPA LLC MISC PROFESSIONAL SERVICE 101-1430-557.41-50 7,000.00 PORT ANGELES FINE ARTS CENTER FNDTN CONSTRUCTION SERVICES,HEA 101-1430-557.41-50 3,327.72 Page 3 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 13 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount PORT ANGELES MARATHON ASSN MISC PROFESSIONAL SERVICE 101-1430-557.41-50 14,500.00 Lodging Excise Tax Division Total:$24,827.72 Lodging Excise Tax Department Total:$24,827.72 Lodging Excise Tax Fund Total:$24,827.72 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 151.50 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 102-7230-542.41-50 96.41 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 21.72 TRAFFIC SAFETY SUPPLY CO EQUIP MAINT & REPAIR SERV 102-7230-542.31-25 1,169.00 Street Division Total:$1,438.63 Public Works-Street Department Total:$1,438.63 Street Fund Total:$1,438.63 ESO SOLUTIONS MANAGEMENT SERVICES 107-5160-528.49-01 50,703.66 JAMESTOWN NETWORKS DATA PROC SERV &SOFTWARE 107-5160-528.42-12 510.00 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 107-5160-528.48-10 163.20 EQUIP MAINT & REPAIR SERV 107-5160-528.48-10 205.36 MCFALL, BARBARA BACKGROUND CHECK 107-5160-528.41-50 400.00 BACKGROUND CHECK 107-5160-528.41-50 400.00 BACKGROUND CHECK 107-5160-528.41-50 400.00 MISC TRAVEL J LEMON-INTRADO PHONE SYS 107-5160-528.43-10 148.00 Pencom Division Total:$52,930.22 Pencom Department Total:$52,930.22 Pencom Fund Total:$52,930.22 HEWLETT-PACKARD COMPANY COMPUTER SUPPLIES 310-5950-594.65-10 14.46 COMPUTER SUPPLIES 310-5950-594.65-10 10,715.81 Homeland Security Division Total:$10,730.27 Public Safety Projects Department Total:$10,730.27 SWAIN'S GENERAL STORE INC SIGNS, SIGN MATERIAL 310-8985-594.65-10 22.21 Misc Parks Projects Division Total:$22.21 Capital Proj-Parks & Rec Department Total:$22.21 Capital Improvement Fund Total:$10,752.48 GEOENGINEERS, INC. TESTING&CALIBRATION SERVI 312-7930-595.65-10 727.50 INTERWEST CONSTRUCTION, INC. PW CONSTRUCTION & RELATED 312-7930-595.65-10 167,202.28 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 126.40 GF-Street Projects Division Total:$168,056.18 Page 4 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 14 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount Capital Projects-Pub Wks Department Total:$168,056.18 Transportation Benefit Fund Total:$168,056.18 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 260.71 Division Total:$260.71 Department Total:$260.71 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 334.78 AMAZON CAPITAL SERVICES MARKERS, PLAQUES,SIGNS 401-7180-533.31-20 112.40 COMPUTER HARDWARE&PERIPHE 401-7180-533.31-60 59.83 ANIXTER REPAIR KIT 401-7180-533.34-02 380.80 BORDER STATES INDUSTRIES INC PARTS 401-7180-533.34-02 1,397.29 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 544.50 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 1,082.07 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 483.32 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 186.23 MURREY'S DISPOSAL CO, INC RENTAL/LEASE EQUIPMENT 401-7180-533.41-50 269.10 SHREDDING DEC 401-7180-533.47-10 487.39 NEARMAP US INC DATA PROC SERV &SOFTWARE 401-7180-533.31-60 1,855.28 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 401-7180-533.41-50 578.45 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 401-7180-533.41-50 79.46 MISC PROFESSIONAL SERVICE 401-7180-533.49-90 1,649.78 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 750.00 SWAIN'S GENERAL STORE INC CLEANING COMPOSITION/SOLV 401-7180-533.31-01 21.71 Electric Operations Division Total:$10,272.39 Public Works-Electric Department Total:$10,272.39 Electric Utility Fund Total:$10,533.10 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 19,013.52 PLUMBING EQUIP FIXT,SUPP 402-0000-141.40-00 857.95 Division Total:$19,871.47 Department Total:$19,871.47 AIRPORT GARDEN CENTER SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 152.03 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 402-7380-534.41-50 138.00 COLUMBIA BASIN WATER WORKS, INC. ENGINEERING SERVICES 402-7380-534.41-50 1,250.00 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 1,384.00 Page 5 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 15 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount FEDERAL EXPRESS CORP SHIPPING CHARGES 402-7380-534.42-10 16.57 MISC DEPOSIT & PERMIT REFUNDS REFUND-PERMIT FOR METER S 402-7380-343.40-25 3,565.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - 10" MAIN BR 402-7380-534.31-01 37.00 MEAL TICKET - 10" MAIN BR 402-7380-534.31-01 37.00 MEAL TICKET - 10" MAIN BR 402-7380-534.31-01 37.00 MEAL TICKET - 10" MAIN BR 402-7380-534.31-01 37.00 MEAL TICKET - 10" MAIN BR 402-7380-534.31-01 37.00 NEARMAP US INC DATA PROC SERV &SOFTWARE 402-7380-534.31-60 1,377.50 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 402-7380-534.41-50 96.41 NORTON CORROSION LTD ENGINEERING SERVICES 402-7380-534.41-50 1,058.00 PACIFICA LAW GROUP, LLP LEGAL SERVICES-BONDS 402-7380-534.41-50 700.00 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 127.55 WASHINGTON (ECOLOGY), STATE OF MISC PROFESSIONAL SERVICE 402-7380-534.49-90 1,208.00 Water Division Total:$11,258.06 NORTON CORROSION LTD ENGINEERING SERVICES 402-7382-534.41-50 2,285.00 PLATT ELECTRIC SUPPLY INC ELECTRONIC COMPONENTS 402-7382-534.31-20 476.13 ELECTRICAL EQUIP & SUPPLY 402-7382-534.31-20 15.35 Industrial Water Treatmnt Division Total:$2,776.48 Public Works-Water Department Total:$14,034.54 Water Utility Fund Total:$33,906.01 AARDING THERMAL ACOUSTICS USA WATER SEWAGE TREATMENT EQ 403-0000-237.00-00 (276.93) Division Total:($276.93) Department Total:($276.93) AARDING THERMAL ACOUSTICS USA WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 3,423.93 AMAZON CAPITAL SERVICES ROAD/HGWY HEAVY EQUIPMENT 403-7480-535.35-01 4,400.58 ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 403-7480-535.31-01 47.24 APSCO INC WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 2,852.18 CUES TELEVISION EQUIP & ACESS 403-7480-535.31-01 843.35 FEDERAL EXPRESS CORP SHIPPING CHARGES 403-7480-535.42-10 39.87 SHIPPING CHARGES 403-7480-535.42-10 86.85 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 96.40 PACIFICA LAW GROUP, LLP LEGAL SERVICES-BONDS 403-7480-535.41-50 700.00 Page 6 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 16 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount POLYDYNE INC WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,661.97 PORT ANGELES CITY TREASURER USPS Certified mail - D F 403-7480-535.42-10 8.56 PUD #1 OF CLALLAM COUNTY BROOK AVE 403-7480-535.47-10 364.26 Wastewater Division Total:$17,525.19 Public Works-Wastewater Department Total:$17,525.19 Wastewater Utility Fund Total:$17,248.26 A/R MISCELLANEOUS REFUNDS OVRPMT OF SW FEES 404-0000-213.10-90 110.29 OVRPMT OF TFR STN FEES 404-0000-213.10-90 6.65 OVRPMT OF TFR STN FEES 404-0000-213.10-90 10.00 OVRPMT OF TFR STN FEES 404-0000-213.10-90 13.90 OVRPMT OF TFR STN FEES 404-0000-213.10-90 122.21 Division Total:$263.05 Department Total:$263.05 CLALLAM CNTY SOLID WASTE DEPT ENVIRONMENTAL&ECOLOGICAL 404-7538-537.49-90 12,764.00 BLDG CONSTRUC. SERVICES- 404-7538-537.49-90 6,177.74 CLEAN EARTH EVIRONMENTAL SOLUTIONS PW CONSTRUCTION & RELATED 404-7538-537.41-50 19,677.48 ELAVON, INC-WIRE TRANSACTION FEES 404-7538-537.41-50 5,987.05 HI-TECH ELECTRONICS INC COMMERCIAL FIRE ALARM 404-7538-537.41-50 565.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKETS - OVERTIME -404-7538-537.31-01 55.50 PUD #1 OF CLALLAM COUNTY BLUE MTN RD 404-7538-537.47-10 116.15 SW - Transfer Station Division Total:$45,342.92 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 151.53 FASTENAL INDUSTRIAL JANITORIAL SUPPLIES 404-7580-537.31-01 37.00 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 404-7580-537.41-50 96.41 Solid Waste-Collections Division Total:$284.94 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 5,518.75 Solid Waste-Landfill Division Total:$5,518.75 Public Works-Solid Waste Department Total:$51,146.61 Solid Waste Utility Fund Total:$51,409.66 NEARMAP US INC DATA PROC SERV &SOFTWARE 406-7412-538.31-60 6,000.00 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 406-7412-538.41-50 96.41 Stormwater Division Total:$6,096.41 Page 7 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 17 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount Public Works-Wastewater Department Total:$6,096.41 Stormwater Utility Fund Total:$6,096.41 GALLS CLOTHING & APPAREL 409-6025-526.20-80 140.35 LIFE ASSIST SUPPLIES 409-6025-526.31-13 4.32 MISC ONE-TIME VENDORS BRANUM/WOODS/GULLICKSON L 409-6025-526.41-50 35.00 GULLICKSON LABS 409-6025-526.41-50 35.00 WOODS LABS 409-6025-526.41-50 35.00 MISC TRAVEL PM SCHOOL NMETC 409-6025-526.43-10 67.86 Medic I Division Total:$317.53 Fire Department Total:$317.53 Medic I Utility Fund Total:$317.53 INTEGRAL CONSULTING, INC PA HARBOR 100123-103123 413-7481-535.41-50 1,874.50 PKG LAW, PS INS RECOVERY 413-7481-535.41-50 3,370.99 WPAH ALLOCATION/HARBOR 413-7481-535.41-50 8,372.50 Wastewater Remediation Division Total:$13,617.99 Public Works-Wastewater Department Total:$13,617.99 Harbor Clean Up Fund Total:$13,617.99 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 HARTNAGEL BUILDING SUPPLY INC BUILDER'S SUPPLIES 421-7121-533.49-86 981.90 Conservation Division Total:$2,581.90 Public Works-Electric Department Total:$2,581.90 Conservation Fund Total:$2,581.90 PLATT ELECTRIC SUPPLY INC SUPPLIES 453-7488-594.65-10 214.04 Wastewater Projects Division Total:$214.04 Public Works-Wastewater Department Total:$214.04 WasteWater Utility CIP Fund Total:$214.04 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 12,623.08 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 184.40 Division Total:$12,807.48 Department Total:$12,807.48 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 178.84 DAREN'S POINT S EXTERNAL LABOR SERVICES 501-7630-548.34-02 27.20 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 86.38 Page 8 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 18 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 358.00 LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 9.78 EXTERNAL LABOR SERVICES 501-7630-548.34-02 51.77 MCMASTER-CARR SUPPLY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 73.56 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 191.43 NORTHERN TOOL/BLUETARP AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 1,522.11 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 501-7630-548.41-50 96.41 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (221.95) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 102.44 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (144.97) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 127.79 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 703.52 Equipment Services Division Total:$3,162.31 Public Works Department Total:$3,162.31 Equipment Services Fund Total:$15,969.79 ASTOUND BROADBAND COMMUNICATION/MEDIA 502-2081-518.42-12 15,350.98 CITIES DIGITAL DATA PROC SERV &SOFTWARE 502-2081-518.48-02 23,567.39 HSA BANK COMMUNICATIONS/MEDIA 502-2081-518.42-12 15,350.98 COMMUNICATIONS/MEDIA SERV 502-2081-518.42-12 (15,350.98) VERIZON WIRELESS 12-15 A/C 842160242-00001 502-2081-518.42-10 3,563.22 12-15 A/C 842160242-00003 502-2081-518.42-10 1,634.29 12-15 A/C 842160242-00004 502-2081-518.42-10 5,557.20 Information Technologies Division Total:$49,673.08 SOFTRESOURCES LLC CONSULTING SERVICES 502-2082-594.65-10 4,550.00 IT Capital Projects Division Total:$4,550.00 PUD #1 OF CLALLAM COUNTY RADIO & TELECOMMUNICATION 502-2083-518.47-10 56.72 Wireless Mesh Division Total:$56.72 Finance Department Total:$54,279.80 Information Technology Fund Total:$54,279.80 HSA BANK SERVICE FEE 503-1631-517.41-50 25.50 SERVICE FEE 503-1631-517.41-50 360.00 EMPLOYER CONTRIBUTIONS 503-1631-517.46-30 209,600.00 EMPLOYER CONTRIBUTIONS 503-1631-517.46-30 249,600.00 REDACTED REIMBURSE MEDICARE-DEC 503-1631-517.46-35 108.00 Page 9 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 19 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount REDACTED REIMBURSE MEDICARE-DEC 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 154.10 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 442.90 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 670.90 Other Insurance Programs Division Total:$463,107.00 MISC CLAIM SETTLEMENTS IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 125.00 Comp Liability Division Total:$125.00 Self Insurance Department Total:$463,232.00 Self-Insurance Fund Total:$463,232.00 CHAPTER 13 TRUSTEE CASE #21-10696 920-0000-231.56-90 358.00 EMPLOYMENT SECURITY DEPT PMFLA 4TH QTR 2023 920-0000-231.53-50 55,486.82 WLTC 4TH QTR 2023 920-0000-231.53-51 (31,051.79) WLTC 4TH QTR 2023 920-0000-231.53-51 31,051.79 EMPLOYMENT SECURITY-WA CARES FUND WLTC 4TH QTR 2023 920-0000-231.53-51 31,051.79 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 25,138.16 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 88,157.52 PENSIONER'S P/R TAX 920-0000-231.50-10 200.00 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 5.24 PAYROLL SUMMARY 920-0000-231.50-20 106,239.68 HAWAII DEPARTMENT OF TAXATION PAYROLL SUMMARY 920-0000-231.50-30 200.07 PAYROLL SUMMARY 920-0000-231.50-30 1,110.06 Page 10 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 20 City of Port Angeles City Council Expenditure Report Between Dec 23, 2023 and Jan 5, 2024 Vendor Description Account Number Amount HAWAII DEPARTMENT OF TAXATION PAYROLL SUMMARY 920-0000-231.50-30 530.64 PAYROLL SUMMARY 920-0000-231.50-30 682.48 HSA BANK EMPLOYEE CONTRIBUTION 920-0000-231.52-40 5,348.52 PAYROLL SUMMARY 920-0000-231.53-11 125.00 PAYROLL SUMMARY 920-0000-231.53-12 321.75 LEOFF PAYROLL DEDUCTIONS 920-0000-231.51-21 45.56 PAYROLL SUMMARY 920-0000-231.51-21 35,456.88 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 30,298.08 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 1,116.83 PERS PAYROLL SUMMARY 920-0000-231.51-10 736.59 PAYROLL SUMMARY 920-0000-231.51-11 17,239.32 PAYROLL SUMMARY 920-0000-231.51-12 86,529.89 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 150.00 Division Total:$486,528.88 Department Total:$486,528.88 Payroll Clearing Fund Total:$486,528.88 Total for Checks Dated Between Dec 23, 2023 and Jan 5, 2024 $1,652,389.68 Page 11 of 11 Jan 8, 2024 12:44:36 PMJanuary 16, 2024 E - 21 Date: January 16, 2024 To: City Council From: Abbi Fountain, Human Resources Manager Subject: Berg Benefits Professional Services Agreement and RedQuote HRA Adoption Agreement Background / Analysis: For employees covered by the Association of Washington Cities health care, the City provides a medical bridge (also known as a Health Reimbursement Arrangement or HRA) in the amount of $2400/individual and $4800/family coverage. Berg Benefits Inc, dba RedQuote, administers reimbursements for the HRA program. Berg Benefits Inc, dba RedQuote, consultants are trained and knowledgeable in the Health Insurance Portability and Accountability Act (HIPPA) and they provide customer service support regarding the appropriate processing of health care providers for medical claims that current City staff do not have the training or qualifications to perform. The City has been contracting with this company for several years due to their knowledge and expertise in the healthcare field. Rates per person have remained consistent and there is no increase for 2024. The Professional Services Agreement is for one year, January 1, 2024, to December 31, 2024. The scope of work is the same as the previous agreement. Funding Overview: The annual professional services fee is $53,400. Attachment: Berg Benefits Professional Services Agreement and RedQuote HRA Adoption Agreement Summary: As part of the City’s health care benefit, the City contracts with a third-party administrator to oversee and administer the medical bridge portion of the health care plan. Funding: Professional services fee is $53,400. Recommendation: Authorize the City Manager to sign 1.) the Berg Benefits Professional Services Agreement in an amount not to exceed $53,400; and 2.) the RedQuote Adoption Agreement. January 16, 2024 E - 22 The undersigned Employer adopts the RedQuote Health Reimbursement Arrangement and elects the following provisions: EMPLOYER AND PLAN INFORMATION 1.EMPLOYER’S NAME, ADDRESS AND TELEPHONE NUMBER Name: City of Port Angeles Address: 321 East 5th Street Street Port Angeles Washington 98362 ______ City State Zip Telephone: 360-417-4510 2.EMPLOYER’S TAXPAYER IDENTIFICATION NUMBER: 91-6001266 3.ERISA PLAN NAME: City of Port Angeles_____________________________________________ 4.EFFECTIVE DATE a. The Health Reimbursement Arrangement is a new plan effective as of _________. b. The Health Reimbursement Arrangement is an amendment and restatement of an existing plan. The effective date of the amendment and restatement is - 01/01/2024_________. 5.ERISA PLAN NUMBER a. 501 b. Other: 6.PLAN ADMINISTRATOR a. Employer (Use Employer name, address and telephone number). b. Use name, address and telephone number below: Name: Address: ______________________________________________________________________ __________________________ City State Zip Telephone: January 16, 2024 E - 23 7. AFFILIATED EMPLOYERS The following Affiliated Employers (i.e., entities within the Employer’s controlled group) will adopt this Health Reimbursement Arrangement as Participating Employers: a. N/A b. Name of Affiliated Employer(s): ____________________________ 8. PLAN YEAR The Plan Year shall end on: a. December 31 b. The last day of the month of __________________. TYPE OF HEALTH REIMBURSEMENT ARRANGEMENT 9. HRA CLASSIFICATION The Health Reimbursement Arrangement shall consist of separate accounts which meet the following classifications: a. Integrated HRA. HRA integrated with other major medical group health plan coverage under the terms of IRS Notice 2013-54 with the following specifications: The HRA will be integrated with (select (1) and/or (2)): 1. The Employer’s group health plan coverage, and/or 2. The group health plan coverage of another employer (such as a spouse’s employer’s coverage). The group health plan coverage (select (3) and/or (4)): 3. Provides minimum value under IRC Section 36B, and/or 4. Does not provide minimum value. Eligible Employees for the Integrated HRA are set forth in Section 10. In addition, special rules concerning Dependents also apply to Integrated HRAs. To be a valid Integrated HRA under this subsection 9.a., select one of the following three Dependent integration options: 5. Spouses Only. Only spouses have coverage under this HRA (only subsection 13.a. is checked). Then, the Participant’s spouse (if applicable) must either be enrolled for group health plan coverage under the Participant’s employer group health plan or the spouse’s employer group health plan; or 6. Dependent Children Only. Only dependent children have coverage under this HRA (only subsection 13.b. is checked). Then, the Participant’s dependent children (to the extent applicable) must be enrolled for group health plan coverage under the Participant’s employer group health plan or spouse’s or dependent’s employer’s group health plan; or 7. Spouses and Dependent Children. Both spouses and dependent children have coverage under this HRA (both subsections 13.a. and 13.b. are checked). Then, the Participant’s spouse and dependent children (to the extent applicable) must January 16, 2024 E - 24 either be enrolled for group health plan coverage under the Participant’s employer group health plan or the spouse’s or dependent’s employer’s group health plan. b. Pre-2014 HRA. An HRA that was in existence prior to January 1, 2014 and that consists of the following prior Employer contributions (select (1) and (2) as applicable): 1. Employer contributions credited before January 1, 2013, and 2. Employer contributions credited during 2013 calendar year under the HRA terms in effect on January 1, 2013. c. Retiree-Only HRA. An HRA that covers only former employees of the Employer consisting of (select (1), (2) and (3) as applicable): 1. Former employees who are retirees, 2. Former employees who are disabled, and 3. Former employees who have terminated employment. d. Excepted Benefit Premium Reimbursement HRA. An HRA that reimburses only individual insurance premiums that are considered HIPAA excepted benefits – (1) stand-alone individual dental insurance, (2) stand-alone individual vision insurance, (3) non-coordinated, individual insurance coverage for a specified disease or illness, and (4) non-coordinated, individual insurance coverage that is hospital indemnity or fixed indemnity. e. Excepted Benefit HRA. An HRA that reimburses certain medical expenses that satisfy the following requirements: (1) Other major medical group health plan coverage is available from the Employer to the employees covered by the HRA. (2) Contributions for a year must be used for expenses incurred in the same year or otherwise forfeited. However, for this purpose, the carryover rule of IRS Notice 2013-71 allowing a carryover of unused amounts of up to $500 to the following plan year (select only one) – Shall apply, or Shall not apply. (3) Contributions for a year are equal to the following (but cannot exceed $500) – f. Excepted Benefit Dental and Vision HRA. An HRA that is limited to reimbursement of dental-only and vision-only expenses as defined in Treas. Reg. Section 54.9831-1(c)(3)(iii) and that otherwise satisfy Code Section 213(d). January 16, 2024 E - 25 g. HRA Integrated with Dental and/or Vision Only Coverage. An HRA that is integrated with dental-only coverage and/or vision-only coverage sponsored by the Employer and the HRA is limited to reimbursement of the following expenses (select only one): 1. Dental-only expenses (as defined in Treas. Reg. Section 54.9831-1(c)(3)(iii)) that are not reimbursed by the employer’s dental-only coverage and that otherwise satisfy Code Section 213(d), 2. Vision-only expenses (as defined in Treas. Reg. Section 54.9831-1(c)(3)(iii)) that are not reimbursed by the employer’s vision-only coverage and that otherwise satisfy Code Section 213(d), or 3. Dental-only and vision-only expenses (as defined in Treas. Reg. Section 54.9831- 1(c)(3)(iii)) that are not reimbursed by the employer’s dental-only or vision-only coverage and that otherwise satisfy Code Section 213(d). h. After-Tax Reimbursement Account. A reimbursement account that reimburses expenses (but not major medical individual insurance premiums), but only if the reimbursements are treated as taxable compensation to the Eligible Employee pursuant to the rules and procedures of the Employer. Note: The Employer is solely responsible for determining the amount of taxable compensation and the rules and procedures of how and when to treat reimbursements as taxable compensation. i. TRICARE Health Reimbursement Account. An HRA that is integrated with TRICARE coverage under the terms of IRS Notice 2015-17 with the following specifications: (1) The employer offers group major medical coverage to its TRICARE-eligible employees (other than the HRA) and such coverage provides minimum value under IRC Section 36B; (2) Employees participating in the HRA are also enrolled in TRICARE; (3) The HRA is only available to employees who are also enrolled in TRICARE; and (4) The Employer employs less than 20 employees. Note: By signing this Agreement, the Employer certifies that it employs less than 20 employees and is exempt from the prohibition on financial and other incentives as set forth in 32 CFR Section 199.8. The Employer is required to inform RedQuote if this changes at any point in the future. The Employer is solely responsible for complying with any TRICARE rules and regulations. January 16, 2024 E - 26 j. Qualified Small Employer Health Reimbursement Arrangement (“QSEHRA”). A QSEHRA is a health reimbursement arrangement that satisfies the following specifications: (1) The Employer is not an “applicable large employer” determined pursuant to the rules set forth in Code Section 4980H(c)(2) and guidance related thereto (generally this means that the Employer must employ less than 50 full-time or full-time equivalent employees in the prior calendar year); (2) The Employer does not offer a group health plan (as defined in Chapter 100 of the Code) to any of its employees; (3) Only the Employer makes contributions to the QSEHRA as limited by Section 14.f.; (4) Reimbursements are limited to the types of expenses set forth in Section 16.k.; (5) Reimbursements are only made to Eligible Employees who provide proof of major medical coverage; and (6) The QSEHRA is offered to all Eligible Employees as set forth in Section 10.f. Note: The Employer is solely responsible for complying with the income exclusion rules under Code Section 106(g) and the notice requirements of Code Section 9831(d)(4). However, the Summary Plan Description includes a discussion of the notice provisions and related subsidy rules for a QSEHRA. ELIGIBILITY REQUIREMENTS 10. ELIGIBLE EMPLOYEES a. If this is an Integrated HRA under Section 9.a., only those employees (if any) enrolled in the other group health plan coverage can be eligible for the HRA. In this regard, the following employees are eligible for such an HRA: 1. Employees enrolled in the Employer’s group health plan coverage; or 2. Employees enrolled in the Employer’s group health plan coverage or the group health plan coverage of another employer (such as a spouse’s or dependent’s employer); 3. Employees enrolled in the group health plan coverage of another employer (such as a spouse’s or dependent’s employer); or 4. Employees are not eligible to participate. Only eligible spouses and dependents may participate as set forth in Item 13. . January 16, 2024 E - 27 b. All employees are eligible except for the following (select all that apply): 1. Union employees 2. Non-resident aliens 3. Leased employees 4. Part-time employees scheduled to work less than _________ hours per week. 5. Employees who are not eligible for the Employer’s major medical coverage. 6. Other: c. All employees are eligible – no exclusions. d. This is a retiree-only HRA under Section 9.c. of this Adoption Agreement and the following classifications are eligible: ____________________________________ ______________________________________________________________________ e. This is a TRICARE HRA under Section 9.i. of this Adoption Agreement and HRA is only available to those employees who are enrolled in TRICARE and satisfy the requirements of Section 9.i. f. This is a QSEHRA under Section 9.k. of this Adoption Agreement and all employees of the Employer are considered Eligible Employees except for the following exclusions (check all that apply): 1. Employees who have not completed 90 days of service with the Employer. 2. Employees who have not attained age 25. 3. Part-time and seasonal employees (as defined in Code Section 105(h) and guidance related thereto). 4. Employees covered by a collective bargaining agreement. 5. Employees who are non-resident aliens who receive no US-source income. 11. WAITING PERIOD Any Eligible Employee will be eligible to participate in the Health Reimbursement Arrangement upon satisfaction of the following waiting period: a. Same waiting period as Employer’s (or if applicable, spouse’s) major medical coverage (NOTE: If this is an Integrated HRA under Section 9.a. of this Adoption Agreement, this subsection a is the only choice that can apply.) b. Date of hire or attainment of Eligible Employee status (no waiting period) (NOTE: If this is a QSEHRA under Section 9.k. of this Adoption Agreement, this subsection b is the only choice that can apply. To exclude new hires for the first 90 days, select Section 10.f.1. above.) c. ________months after date of hire d. ________days after date of hire e. Other: January 16, 2024 E - 28 12. EFFECTIVE DATE OF PARTICIPATION An Eligible Employee who has satisfied the eligibility and waiting period requirements of Items 10 and 11 will become a Participant on: a. the same day as the Employer’s major medical coverage. (NOTE: If this is an Integrated HRA under Section 9.a. of this Adoption Agreement, this subsection a is the only choice that can apply.) b. the day on which such requirements are satisfied (NOTE: If this is a QSEHRA under Section 9.k. of this Adoption Agreement, this subsection b is the only choice that can apply). c. the first day of the month coinciding with or next following the date on which such requirements are satisfied. d. the first day of the calendar quarter coinciding with or next following the date on which such requirements are satisfied. e. the first day of the pay period coinciding with or next following the date on which such requirements are satisfied. f. Other: 13. DEPENDENTS NOTE: If this is an Integrated HRA under Section 9.a., see the special rules in Section 9.a.5. thru 9.a.8. The HRA will cover the following dependents (select all that apply): a. Spouses for Federal income tax purposes b. Biological children, adopted children, stepchildren and eligible foster children who have not attained the age of 26. (NOTE: If this is an Integrated HRA under Section 9.a. or a Pre-2014 HRA under Section 9.b., this subsection b. must apply.) c. Any other individuals who are Federal tax dependents of the Employee. d. Any of the following individuals (but who are also Federal tax dependents of the Employee): _____________________________________________________________ BENEFITS 14. HRA CONTRIBUTIONS The Employer will contribute to each Participant’s HRA Account the following amount based on the frequency selected: a. $_________ per month b. $_________ per quarter c. $_____ ____per plan year d. This is a Pre-2014 HRA under Section 9.b. of this Adoption Agreement, and no additional contributions can be made. e. This is an Excepted Benefit HRA under Section 9.e. of this Adoption Agreement, and contributions are limited as set forth in Section 9.e. January 16, 2024 E - 29 f. This is a QSEHRA under Section 9.k. of this Adoption Agreement and contributions are as follows (NOTE: Annual contributions cannot be greater than the applicable limit set forth in Code Section 9831(d)(2)(B)(iii), as adjusted. Contributions begin for the calendar month beginning after the effective date of participation.): 1. $ ____________ per month for each Eligible Employee, or 2. $ ____________ per month for each Eligible Employee and his/her Covered Dependents. The amount above will be different based on the variation in the price of a major medical policy based on age or number of family members as follows: ___________ g. Other: Medical Enrollment: Employee Only (EE) $2,400.00, Employee Spouse (ES) $4,800.00, Employee Child (EC) $4,800.00, Employee Family (EF) $4,800.00 15. ANNUAL DEDUCTIBLE THRESHOLD For each Plan Year, HRA Account contributions cannot be accessed and are not available to HRA Participants prior to the date during the Plan Year that the HRA Participant satisfies the applicable Annual Deductible Threshold based on the following criteria: a. No Annual Deductible Threshold applies. Note: If this box is checked, skip to Section 16. NOTE: If this is an Excepted Benefit Premium Reimbursement HRA under Section 9.d., an Excepted Benefit HRA under Section 9.e., an Excepted Benefit Dental or Vision HRA under 9.f., an After-Tax Reimbursement Account under Section 9.h., or a TRICARE HRA under Section 9.i. this subsection (a) must be selected. b. Annual Deductible Threshold does apply. The Annual Deductible Threshold is calculated based on the following expenses: 1. Eligible claims filed under the coverage or policy associated with the HRA; or 2. All Qualifying Medical Expenses. c. The Annual Deductible Threshold is as follows: 1. A $___________Annual Deductible Threshold applies for all Participants, regardless of the level of coverage selected 2. An Annual Deductible Threshold applies based on the major medical level of coverage selected by the Participant as follows: $ 1,600 Single_______________ $ 3,200 Single Plus Spouse__ _ $ 3,200 Single Plus Dependent _ $ 3,200 Family_______________ 3. A multi-tiered Annual Deductible Threshold applies as follows: January 16, 2024 E - 30 (i) On the first $________ of the Annual Deductible Threshold, the HRA reimburses _________ % of eligible HRA claims; (ii) From $___________ to __________ of the Annual Deductible Threshold, the HRA reimburses _________ % of eligible HRA claims; and (iii) Amounts greater than $________ of the Annual Deductible Threshold, the HRA reimburses __________ % of eligible HRA claims. 4. A multi-tiered Annual Deductible Threshold applies as follows: (i) For amounts less than $ _______ of the Annual Deductible Threshold, the HRA reimburses 0% of eligible HRA claims; (ii) For amounts greater than $ ___________ but less than $ ______________ of the Annual Deductible Threshold, the HRA reimburses ________ % of eligible HRA claims; and (iii) For amounts greater than $ ___________ of the Annual Deductible Threshold, the HRA reimburses ________ % of eligible HRA claims. 16. QUALIFYING MEDICAL EXPENSES The following expenses will be considered as Qualifying Medical Expenses under the HRA: a. Integrated HRA. This is an Integrated HRA under Section 9.a.: 1. The non-HRA group health plan coverage is providing minimum value (box 9.a.3 is checked). In that case, Qualifying Medical Expenses will be limited to any medical expenses under IRC 213(d) (excluding individual insurance premiums and employer group health plan premiums paid on a pre-tax basis). AND/OR 2. The non-HRA group health plan coverage is not providing minimum value (box 9.a.4 is checked). In that case, Qualifying Medical Expenses will be limited to co- payments, co-insurance, and deductibles under the non-HRA group health plan coverage, plus other IRC 213(d) expenses (excluding individual insurance premiums and employer group health plan premiums paid on a pre-tax basis) that are not considered essential health benefits. AND/OR 3. This type of HRA will also reimburse a spouse’s employer group health plan premiums, as long as those premiums are paid by the spouse on an after-tax basis and are properly substantiated as determined by the Claims Administrator. b. Integrated HRA. This is an Integrated HRA under Section 9.a. that is either providing minimum value or not providing minimum value. Qualifying Medical Expenses will be limited to the following (indicate all that apply): January 16, 2024 E - 31 Medical deductible paid under the applicable employer group health plan; Medical co-insurance paid under the applicable employer group health plan; Medical / Pharmacy co-pays paid under the applicable employer group health plan; and/or Pharmacy deductibles, co-insurance and/or co-pays paid under the applicable employer group health plan. c. Pre-2014 HRA. This is a Pre-2014 HRA under Section 9.b. Qualifying Medical Expenses will be limited to any medical expenses under IRC 213(d) based on Internal Revenue Service guidance and rules in effect on December 31, 2013, as determined by the Claims Administrator. d. Retiree-Only HRA. This is a Retiree-Only HRA under Section 9.c. Qualifying Medical Expenses will be limited to any medical expenses under IRC 213(d) (including any individual insurance premiums but excluding employer group health plan premiums). e. Excepted Benefit Premium Reimbursement HRA. This is an Excepted Benefit Premium Reimbursement HRA under Section 9.d. Qualifying Medical Expenses are limited to individual insurance premiums described in Section 9.d. f. Excepted Benefit HRA. This is an Excepted Benefit HRA under Section 9.e. Qualifying Medical Expenses will be limited to any medical expenses under IRC 213(d) (excluding any individual insurance premiums and employer group health plan premiums). g. Excepted Benefit Dental and Vision HRA. This is an Excepted Benefit Dental and Vision HRA under Section 9.f. Qualifying Medical Expenses are limited to reimbursement of IRC 213(d) expenses that are dental and/or vision expenses only as limited by Section 9.f. h. HRA Integrated with Dental or Vision Only Coverage. This is an HRA Integrated with Dental and/or Vision Only Coverage under Section 9.g. Qualifying Medical Expenses are limited to reimbursement of IRC 213(d) expenses that are dental and/or vision expenses only as limited by Section 9.g. i. After-Tax Reimbursement Account. This is an After-Tax Reimbursement Account under Section 9.h. Qualifying Medical Expenses are limited to the following (select all that apply): January 16, 2024 E - 32 1. Individual insurance premiums for ACA excepted benefits only. 2. Any Code Section 213(d) expense (excluding individual insurance premiums and employer group health plan premiums). j. TRICARE HRA. This is a TRICARE HRA under Section 9.i. Qualifying Medical Expenses are limited to the following, as long as they satisfy Code Section 213(d) (select all that apply): 1. Cost sharing under the TRICARE plan (deductible, copays and coinsurance). 2. Individual insurance premiums for TRICARE supplemental coverage. 3. Individual insurance premiums for ACA excepted benefit coverage. 4. Actual expenses incurred for services or supplies that are excepted benefits. k. QSEHRA. This is a QSEHRA under Section 9.j. Qualifying Medical Expenses include major medical insurance premiums of the Eligible Employee regardless of whether the insurance was purchased on the Exchange or elsewhere, plus the following (select all that apply): 1. Major medical insurance premiums for Covered Dependents. 2. Other health insurance premiums (such as dental and vision premiums) of the Eligible Employee and/or Covered Dependents. 3. Any other Code Section 213(d) expense of the Eligible Employee and/or Covered Dependents. Notwithstanding the above, a QSEHRA cannot reimburse employer sponsored group health plan coverage premiums or premium equivalents to the extent the premiums or premium equivalents were paid on a pre-tax basis. An Employer may limit or expand the provisions set forth above in this Section 16 for a particular type of HRA, as long as such limitations or expansions comply with applicable law as determined by the Claims Administrator. Explain the limitations or expansions as follows: _____________________________________________________________________________ 17. HEALTH FLEXIBLE SPENDING ARRANGEMENT If the Employer maintains a health flexible spending arrangement, claims will be processed in the following order: a. Health FSA expenses will be processed first. b. HRA expenses will be processed first. c. Not applicable – no health FSA. January 16, 2024 E - 33 18. CLAIMS FOR REIMBURSEMENT MUST BE FILED WITHIN a. ____90_____ days following each plan year AND, For Participants who terminate employment, will a different filing deadline apply? b. Yes, ___60______ days following termination of employment c. No 19. CARRY FORWARD Amounts not used by the end of a Plan Year shall: a. Carry forward to the next Plan Year. b. Carry forward to the next Plan Year, subject to the following limitations or restrictions: ____________________________________________________________________ c. Shall forfeit as of the end of the Plan Year NOTE 1: If this is an Excepted Benefit HRA under Section 9.e., amounts must forfeit as of the end of each Plan Year, subject to the carryover rule listed in Section 9.e. NOTE 2: If this is an Integrated HRA under Section 9.a., and this Section 19.c. forfeiture is selected, the annual waiver requirement of Notice 2013-54 does not apply (except in mid-year qualifying event situations). 20. SPEND DOWN After HRA eligibility terminates (e.g., termination of employment, retirement): a. Any unused amounts in an HRA Account will forfeit. NOTE: If this is an Integrated HRA under Section 9.a., selecting a forfeiture means that the termination waiver rule of Notice 2013-54 does not apply. b. Any unused amounts in an HRA Account will continue to be eligible for reimbursement. c. Any unused amounts in an HRA Account will continue to be eligible for reimbursement for retirees. d. Any unused amounts in an HRA Account will continue to be eligible for reimbursement for those Employees or individuals who satisfy the following conditions: ________________________________________________________________________ ____________________________________________, and for all other Employees or individuals unused amounts shall forfeit once HRA eligibility terminates. APPLICATION OF OTHER LAWS 21. FAMILY AND MEDICAL LEAVE ACT FMLA generally applies to Employers who have 50 or more employees in the preceding or current calendar year. (The Employer is required to inform RedQuote if this provision changes for any future calendar year.) a. FMLA applies. b. FMLA does not apply. 22. COBRA January 16, 2024 E - 34 COBRA generally applies to Employers who have 20 or more employees in the preceding calendar year. (The Employer is required to inform RedQuote if this provision changes for any future calendar year.) a. COBRA applies. b. COBRA does not apply. c. COBRA does not apply because this is a QSEHRA. This Adoption Agreement may be used only in conjunction with the RedQuote Health Reimbursement Arrangement. This Adoption Agreement and the RedQuote Health Reimbursement Arrangement shall together be known as the Health Reimbursement Arrangement or HRA. __CITY OF PORT ANGELES____________ Name of Employer By: Printed Name: Title: Signature Date: January 16, 2024 E - 35 CITY OF PORT ANGELES 2024 PROFESSIONAL SERVICES AGREEMENT 1. Parties and Date. THIS Agreement is made effective as of the 1st day of January 2024, by and between CITY OF PORT ANGELES, WASHINGTON ("City") and BERG BENEFITS, INC. dba REDQUOTE ("Consultant"). 2.General Purpose and Intent. Consultant will provide employee benefits design consultation to City. Consultant will provide documentation and illustrations to City's employees. Consultant will provide benefits related customer service support regarding health, dental, vision, life, and disability employee benefits plans. These services will be provided from January 1, 2024, to December 31, 2024. 3.Services by Consultant. A.Consultant shall perform the services described in the Scope of Work attached hereto as Exhibit "A" (the "Scope of Work"). The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B.The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 4.Schedule of Work. A.Consultant shall perform the services described in the Scope of Work in accordance with the schedule attached hereto as Exhibit "B." If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B.Consultant is authorized to proceed with the services described in the Scope of Work upon receipt of a written Notice to Proceed. 5.Compensation. LUMP SUM. Compensation for the services described in the Scope of Work shall be a Lump Sum of $53,400.00 (178 employees @ $25/PEPM x 12 months) TIME AND MATERIALS NOT TO EXCEED. Compensation for the services described in the Scope of Work shall not exceed $ _____________ without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "C." TIME AND MATERIALS. Compensation for the services described in the Scope of Work shall be on a time and material basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit "C." OTHER. 6. Coordination of Contract Documents. This Agreement consists of this professional services agreement form and Exhibits "A" and "B". If there is any inconsistency between this professional services agreement form and any of the Exhibits, the professional services agreement form shall take precedence. January 16, 2024 E - 36 7. Payment. A. Consultant shall provide monthly invoices in the format acceptable to the City for work performed to the date of invoice. Consultant shall maintain time and expense records for reimbursable expenses and any work that is billed hourly under this Agreement and provide them to the City upon request. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third-party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 8. Discrimination and Compliance with Laws. A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Violation of this Paragraph 8 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 9. Term and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Consultant or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. January 16, 2024 E - 37 B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. 10. Standard of Care. Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 11. Ownership of Work Product. All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 9 above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City. City agrees that if it uses products prepared by Consultant for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to indemnify and hold Consultant harmless therefore. 12. Indemnification/Hold Harmless. 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 acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. 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. January 16, 2024 E - 38 13. Insurance. The Consultant shall procure and maintain for the duration of this 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. Consultant's maintenance of insurance as required by this 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. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. 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 $1,000,000 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 $1,000,000 policy aggregate limit. C. Other Insurance Provisions The Consultant's Automobile Liability and 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 insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. January 16, 2024 E - 39 E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. 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. G. 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. 14. Assigning or Subcontracting. Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld at the City's sole discretion. 15. Independent Contractor. Consultant is and shall be at all times during the term of this Agreement an independent contractor. 16. Notice A. Any notice or communication required by this Agreement must be in writing, and may be given either personally, electronically with evidence of receipt, by express delivery service, or by registered or certified mail, return receipt requested. If given personally, by express delivery service, or by registered or certified mail, such notice or communication shall be deemed to have been given and received upon actual receipt. If delivery is made electronically, either by e-mail or facsimile transmission, a notice shall be deemed to have been given when delivered to the person to whom it is addressed, and there is electronic confirmation that it was received. Such notices or communications shall be given to the Parties at their addresses set forth below: Nathen West City Manager, Port Angeles 321 E 5th St Port Angeles, WA 98362 Phone: 360-417-0411 Email: citymanager@cityofpa.us Joseph Berg President, Berg Benefits, Inc. 1804 W Union Ave #201 Tacoma, WA 98405 Phone: 253-753-9930 Email: jberg@bergbenefits.com January 16, 2024 E - 40 B. Either party may change its contact information by sending its new contact information to the other party in the same manner as is provided for sending the other party notice under the provisions of paragraph 16.A. 17. Disputes. Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Pierce County Superior Court. 18. Attorney’s Fees. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 19. Extent of Agreement/Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. CITY OF PORT ANGELES, CONSULTANT _________________________ _________________________ Nathan West Joseph Berg City Manager President, Berg Benefits, Inc. Date:_____________________ Date:______________________ January 16, 2024 E - 41 Exhibit A Scope of Work Consultant will: 1) Provide advice to City regarding creation and implementation of employee health insurance plan, including medical insurance, HSA, and HRA advice. 2) Will research and / or answer questions relating to the HRA, HSA processing and regulations. The information includes but is not limited to appropriate carrier documentation, tax, COBRA, and retiree implications and any other service support relating to employee issues and questions. 3) Provide HR and/or Payroll Department with information pertaining to HRA reimbursements throughout the year. 4) Provide quoting service and comparison services to the City at health plan renewals. 5) Assist the City in creating offers for various employee units. 6) Other employee benefits consulting services as needed. January 16, 2024 E - 42 Exhibit B Schedule of Work Consultant will: 1) Provide advice and consulting services to the City as needed. a. Timing for completion of requests from the City will be as soon as reasonably possible. As projects and requests vary in scope, turn-around times will be discussed with each request. 2) Provide advice and customer service to city employees. a. Timing for these requests will be as soon as reasonably possible. Requests will often be dependent on insurance companies, pharmacies, and/or provider's office. January 16, 2024 E - 43 Date: January 16, 2024 To: City Council From: Nathan A. West City Manager William E. Bloor, City Attorney Subject: Harbor Cleanup Process – Environmental Services Agreement Change Order No. 2 to Work Order No. 4 Background / Analysis: In 2012, the Department of Ecology (DOE) asserted the City, together with several other entities– the Port, Nippon, Merrill & Ring, and Georgia Pacific – are potentially liable for some portion of the contaminants in the harbor. In response to that action, in 2013 the City and the other entities, collectively the potentially liable parties (PLPs), joined together to share costs and jointly commence a process to clean up the harbor in accord with state law. The PLPs then negotiated an Agreed Order (AO), which legally obligated the PLPs to complete a Remedial Investigation/Feasibility Study (RI/FS), which is the first step in the cleanup process and which is now complete. The group also entered into an Environmental Services Agreement (ESA), which secured the services of technical consultants. In the ESA, the PLPs employed the scientific and technical experts who would perform most of the work needed to prepare a RI/FS. The work necessary to prepare a RI/FS covered a range of technical efforts; and also helped the PLPs better track the work being done. Summary: In 2013, the City with other Potentially Liable Parties (PLPs) entered into an Environmental Services Agreement (ESA), which secured the services of consultants who would do the technical and scientific work to prepare a Remedial Investigation/Feasibility Study (RI/FS) as the first step in a cleanup of the harbor. On December 1, 2020, Council approved Work Order No. 4 expanding the work and budget of the ESA and directing the technical consultants to do additional work necessary to produce a draft Cleanup Action Plan (dCAP). On November 3, 2021 Council approved Change Order No.1 to Work Order No. 4. Tonight, Council is being asked to approve Change Order No.2 to Work Order No. 4, adding additional tasks as outlined below and additional cost in an amount not to exceed $67,462. The City’s share of the cost is $13,492.40. Funding: The City’s share of the estimated cost of Change Order No. 2 to Work Order No. 4 is $13,492.40. The 2024 budget already provides sufficient funds for this payment. As has been true in the past, a large portion of the City’s share will be reimbursed by insurance coverage. Recommendation: 1.Approve Change Order No. 2 to Work Order No. 4 expanding the work and budget of the Environmental Services Agreement, 2.Authorize payment of the City’s share of Change Order No. 2 to Work Order No. 4, and 3.Authorize the City Manager to execute documents necessary and appropriate to implement Change Order No. 2 to Work Order No. 4 and to make minor modifications to those documents as necessary. January 16, 2024 E - 44 That work is now complete. The RI /FS is final, and it has been approved by DOE. The next step in the harbor cleanup process is preparation of a draft Cleanup Action Plan (dCAP). On November 4, 2020 Council authorized the City Manager to execute on behalf of the City an amendment to the PLP Participation Agreement and an Amendment to the Agreed Order with DOE that obligates the City, and other PLPs, to prepare a draft dCAP. On December 1, 2020 Council authorized and approved Work Order No. 4. That Work Order extended the ESA and to add the work necessary to produce a dCAP for the WPAH site. On November 3, 2021 Council authorized and approved Change Order No. 1 to Work Order No. 4, expanding the work and budget of the ESA. Tonight we are asking Council to approve Change Order No.2 to Work Order No. 4, to the ESA adding additional tasks to Work Order No. 4 as outlined below and cost in an amount not to exceed $67,462 without written approval. This increases the total Work Order No. 4 to a not -to exceed total amount of $205,437. The City’s share of Change Order No. 2 to Work Order No. 4 is $13,492.40. Additional Work to be Performed. Task 1A • Perform project management tasks, including scheduling, team coordination, document and file management, and financial management and reporting. • Prepare for and attend one virtual meeting with the Western Port Angeles Harbor (WPAH) Group, assuming a 1.5-hour duration, if necessary. • Coordinate with the consultant team to respond to Ecology requests. Task 11 • Prepare meeting materials and attend two virtual meetings with Ecology to discuss development of the conceptual framework for the SMA 2 pre-design sediment sampling plan, assuming a 1.5- hour duration each. • Prepare the draft SMA 2 pre-design sediment sampling plan text for inclusion in the DCAP text. • Prepare the final DCAP text, including the SMA 2 pre-design sediment sampling plan text. • Attend two virtual meetings with the consultant team to prepare for Ecology meetings and coordinate regarding the pre-design sediment sampling plan. • Provide Ecology with support during the comment period and response to comments on the DCAP. • Attend DCAP public meeting. Funding: The City’s share of the estimated cost of Change Order No. 2 to Work Order No. 4 is $13,492.40. The 2024 budget already provides sufficient funds for this payment. As has been true in the past, a large portion of the City’s share will be reimbursed by insurance coverage. January 16, 2024 E - 45 Date: January 16, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Washington State Department of Ecology Grant Acceptance: 16th Street Low Impact Development Retrofit Project (TR0715) Background / Analysis: The 16th Street corridor between C and L streets was identified by the City as having a high potential to treat stormwater runoff due to available right-of-way, proximity to conveyance systems for outfall purposes, and it’s moderately high-traffic volumes. The City has obtained a Department of Ecology grant to install three BioPodTM Biofilters, and one hydrodynamic continuous deflective separation unit along West 16th Street. The project will provide treatment for stormwater runoff from 20.86 acres of the Dungeness-Elwha Watershed with 6.3 acres of pollution-generating impervious surfaces and 7.55 acres of lawn by reducing total suspended solids, dissolved copper, dissolved zinc, and total phosphorus. West 16th Street is a two-lane bi-directional, arterial collector roadway that connects the City of Port Angeles’ main residential body and downtown areas with the periphery, including critical and high-use facilities like the William Fairchild International Airport, Clallam County Fairgrounds, and the Regional Solid Waste Transfer Station. Large sections of this roadway are within the Tumwater Creek Drainage Basin. Tumwater Creek is a salmonoid-bearing freshwater stream that flows South to North through the center of the city and outfalls to Port Angeles Harbor. Washington State Department of Ecology lists the creek as a 303(d) waterbody for bacteria. The Harbor is home to several endangered species such as Chinook salmon, marbled murrelet, and bull trout and is used for recreational purposes including fishing, paddling, and boating. Funding Overview: The engineer’s estimate for the 16th Street Low Impact Development (LID) Retrofit construction project is $1,775,000. The approved 2024-2029 CFP includes $240,000 from the stormwater fund for the project. Project funding is summarized in Table 1 (next page). Summary: Washington State Department of Ecology (WSDOE) has offered the City grant funding in the amount of $1,667,250 to improve water quality in Tumwater Creek and Port Angeles Harbor through installation of stormwater treatment units along West 16th Street. An agreement with WSDOE is required to obligate the funding. Funding: The grant agreement requires a 5% match from the City in the amount of $87,750. Funding is available in the 2024-2029 Capital Facilities Plan for project TR0715-16th Street LID Retrofit from the Stormwater Fund. Recommendation: Accept the Washington State Department of Ecology (WSDOE) construction grant in the amount of $1,667,250, authorize the City Manager to execute the WSDOE grant agreement WQC-2024-PoAnPW-00217, sign all required grant forms, and make minor modifications as necessary. January 16, 2024 E - 46 Table 1 – Funding 16th Street LID Retrofit Cost Percent of Project Engineers Estimate $1,755,000 WSDOE Grant $1,667,250 95% City $87,750 5% Attachments: Project Vicinity Map Grant Agreement January 16, 2024 E - 47 I St16th St LSt18 t h S tMSt L a u r id s en B l v d Fa i rm ount Av eMSt CSt12th St DStFStE St13th St 17th StKSt CStHSt16th St 19th StMSt S p ru ce S t15th St 18th St14th St G StLStH aze lS t14th St15thSt G StFSt18th St 13th StHSt15th StE StK St 14th StLSt BeanRdVertical Datum = NAVD 88 Horizontal Datum = NAD 83/91 380 Feet This map is not intended for use as a legal description. Locations of features are approximate only. Topographic/Map features are +-5 feet of actual locations. This map/drawing is produced by the city of Port Angeles for its own use and purposes. Any other use of this map/drawing shall not be the responsibility of the City. Water main WWater main SWater main Electrical distribution Area Map January 16, 2024 E - 48 January 16, 2024 E - 49 Agreement WQC-2024-PoAnPW-00217 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY” and the CITY OF PORT ANGELES a non-charter code city and municipal corporation of the State of Washington, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds, the activities described herein. GENERAL INFORMATION Project Title: 16th Street Retrofit Total Cost: $ 1,755,000.00 Total Eligible Cost: $ 1,755,000.00 Ecology Share: $ 1,667,250.00 Recipient Share: $ 87,750.00 The Effective Date of this Agreement is: 7/1/2023 The Expiration Date of this Agreement is no later than: February 28, 2026 Project Type: Stormwater Facility Project Short Description: (500-character limit, includes spaces) This project was designed under WQSWPC-2016-PoAnPW-00014 and will improve water quality in Tumwater Creek and Port Angeles Harbor through installation of three BioPod™ Biofilters and one CDS unit along West 16th Street in the city of Port Angeles. This project will provide treatment for total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus. Project Long Description: (4,000-character limit, includes spaces) The 16th Street Retrofit Project was designed under WQSWPC-2016-PoAnPW-00014 and will protect and restore water quality in Tumwater Creek by reducing stormwater impacts from existing infrastructure and development. West 16th Street is a two-lane bi-directional, arterial collector roadway that connects the city of Port Angeles’ main residential body and downtown areas with the periphery, including critical and high-use facilities like the William Fairchild International Airport, Clallam County Fairgrounds, and the Regional Solid Waste Transfer Station. Large sections of this roadway are within the Tumwater Creek Drainage Basin. Tumwater Creek is a salmonoid-bearing freshwater stream that January 16, 2024 E - 50 flows South to North through the center of the city and outfalls to the Port Angeles Harbor. Washington State Department of Ecology lists the creek as a 303(d) waterbody for bacteria. The 16th Street corridor between C and L streets was identified by the city as having a high potential to treat stormwater runoff due to available right -of-way, proximity to conveyance systems for outfall purposes, and it’s moderately high-traffic volumes. Port Angeles Harbor is an important cultural area for the Lower Elwha, Jamestown, and Port Gamble tribes. The harbor is also home to several endangered species such as Chinook salmon, marbled murrelet, and bull trout and is used for recreational purposes including fishing, paddling, and boating. To improve water quality in Tumwater Creek and Port Angeles Harbor, the RECIPIENT will install one CDS preliminary treatment (GULD for pre-treatment) for one BioPod™ Biofilter and two additional BioPod™ Biofilters (GULD for basic, enhanced, and Phosphorus) downstream of existing conveyance infrastructure at the intersections of 16th Street with C, D, and E Streets. When complete this project will remove total suspended solids (TSS), phosphorus, dissolved copper, dissolved zinc. The project will provide treatment for stormwater runoff from 20.86 acres of the Dungeness-Elwha Watershed with 6.3 acres of pollution-generating impervious surfaces and 7.55 acres of lawn. Overall Goal: (1,000-character limit, includes spaces) This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. January 16, 2024 E - 51 RECIPIENT INFORMATION Organization Name: City of Port Angeles Mailing Address: 321 East 5th Street, Port Angeles, WA, 98362-0217 Physical Address: 321 East 5th Street, Port Angeles, WA, 98362-0217 Organization Email: jboehme@cityofpa.us Contacts Project Manager Ryan Jeffries Civil/Utility Engineer III 321 East 5th Street Port Angeles, WA, 98362-0217 Email: Rjeffries@cityofpa.us Phone: (360) 417-4811 Authorized Signatory Nathan West City Manager 321 E. Fifth Street Port Angeles, Washington 98362 Email: nwest@cityofpa.us Phone: (360) 417-4751 Billing Contact Ryan Jeffries Civil/Utility Engineer III 321 East 5th Street Port Angeles, WA, 98362-0217 Email: Rjeffries@cityofpa.us Phone: (360) 417-4811 January 16, 2024 E - 52 ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Department of Ecology 300 Desmond Drive SE Lacey, WA 98503 Contacts Project Manager Rachel Yonemura [Address] [City, State Zip] Email: ryon461@ecy.wa.gov Phone: (360) 485-2474 Financial Manager Jessica Christensen PO BOX 47600 Olympia, WA 98504-7600 Email: jchr461@ecy.wa.gov Phone: (360) 742-1180 Technical Advisor Doug Howie [Address] [City, State Zip] Email: doho461@ecy.wa.gov Phone: (360) 870-0983 January 16, 2024 E - 53 AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. Washington State Department of Ecology City of Port Angeles ____________________________________ _______________________________ Vincent McGowan Date Nathan West Date Water Quality City Manager Program Manager January 16, 2024 E - 54 SCOPE OF WORK Task Number: 1 Task Cost: $2,000.00 Task Title: Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; an EAGL (Ecology Administration of Grants and Loans) and Recipient Close Out Report. In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and Recipient Close Out Report. * Properly maintained project documentation. Grant and Loan Administration Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges, and changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Close Out Report (EAGL Form). January 16, 2024 E - 55 SCOPE OF WORK Task Number: 2 Task Cost: $4,000 Task Title: Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review. Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential affects to cultural resources. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. To initiate cultural resources review: 1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. The IDP template may be found on the ECOLOGY website. B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will also upload the final SEPA determination. C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Cultural and Environmental Review, and Permitting Deliverables Number Description Due Date 2.1 ECOLOGY Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. DO NOT upload the cultural resources form or documentation to EAGL. 2.2 ECOLOGY Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY Project Manager for review. Upload to EAGL once review is complete. January 16, 2024 E - 56 2.3 SEPA Checklist. Upload the checklist, or other documentation for projects considered exempt from SEPA review, to EAGL and notify ECOLOGY when official comment period begins. 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY. January 16, 2024 E - 57 SCOPE OF WORK Task Number: 3 Task Cost: $67,000 Task Title: Design Plans and Specifications Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A. The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance. Allow 45 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Design Report Acceptance Letter prior to proceeding to 90 Percent Design. 1. The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed design using the methods outlined in the Stormwater Deliverables Document. B. The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance. At a minimum, this package must include 90 percent plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. The current required bid inserts and specifications may be found on the Ecology website. Allow 45 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter prior to proceeding to Final Bid Package. C. The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package Acceptance Letter prior to advertising the project. Task Goal Statement: The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. Design Plans and Specifications Deliverables January 16, 2024 E - 58 Number Description Due Date 3.1 Contract documents, if procuring services for design. The contract must include ECOLOGY’s standard contract clauses and/or specification insert. Upload to EAGL and notify ECOLOGY. 3.2 Design Report. Upload to EAGL and notify ECOLOGY. 3.3 Responses to ECOLOGY Design Report comments. Upload to EAGL and notify ECOLOGY. 3.4 ECOLOGY Design Report Acceptance Letter. Upload to EAGL and notify ECOLOGY. 3.5 90 Percent Design Package. Upload to EAGL and notify ECOLOGY. 3.6 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL and notify ECOLOGY. 3.7 ECOLOGY 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY. 3.8 Final Bid Package. Upload to EAGL and notify ECOLOGY. 3.9 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY. 3.10 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY. 3.11 Bid Documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY. January 16, 2024 E - 59 SCOPE OF WORK Task Number: 4 Task Cost: $80,000 Task Title: Construction Management Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. C. The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend. D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur. E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY- accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Construction Management Deliverables Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. 4.2 Pre-Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY. 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY. 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. January 16, 2024 E - 60 SCOPE OF WORK Task Number: 5 Task Cost: $1,600,000 Task Title: Construction Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will complete construction of the project in accordance with ECOLOGY-accepted plans and specifications. The construction project will include installation of three BioPod™ Biofilters and one CDS unit to mitigate runoff from approximately 6.3 acres of pollution-generating impervious surfaces. B. Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. Task Goal Statement: Construction of the project in accordance with ECOLOGY-accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper, dissolved zinc, and total phosphorus. Construction Deliverables Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY. January 16, 2024 E - 61 SCOPE OF WORK Task Number: 6 Task Cost: $2,000 Task Title: Project Close Out Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow-control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. B. The RECIPIENT will submit a final GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY-accepted equivalent. The project area should include polygon features for stormwater facilities and contributing areas. C. The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1. D. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template. E. The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Stormwater Deliverables Document. Include a table showing the final equivalent new/re-development area compared to the area provided in the ECOLOGY-accepted Design Report. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Outcomes Summary. * Proper maintenance of the constructed facility to maintain water quality benefits. Project Closeout Deliverables Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. 6.2 Project area shapefile, geodatabase file, or ECOLOGY-accepted equivalent. Upload to EAGL and notify ECOLOGY. Upload ECOLOGY acceptance documentation. 6.3 Outcomes Summary. Upload to EAGL and notify ECOLOGY. 6.4 Final, as constructed, equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY. January 16, 2024 E - 62 BUDGET (EAGL WILL GENERATE THIS SECTION BASED ON PROJECT TYPE/PARAMETERS, ETC. IT MIGHT BE HELPFUL FOR THE RECIPIENT TO USE THE BUDGET TABLE TO PLAN OUT THEIR BUDGET). Funding Distribution Funding Title: SFAP Funding Type: Grant Funding Effective Date: July 1, 2023 Funding Expiration Date: February 28, 2026 Funding Source: State – Stormwater Financial Assistance Program Recipient Match %: 5% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Indirect Rate: 30% Rate will be indicated in your agreement. Stormwater Financial Assistance Program Task Total Recipient Amount ECY Amount 1. Grant and Loan Administration $2,000.00 $100.00 $1,900.00 2. Cultural and Environmental Review, and Permitting $4,000.00 $200.00 $3,800.00 3. Design Plans and Specifications $67,000.00 $3,350.00 $63,650.00 4. Construction Management $80,000.00 $4,000.00 $76,000.00 5. Construction $1,600,000.00 $80,000.00 $1,520,000.00 6. Project Close Out $2,000.00 $100.00 $1,900.00 Total $1,755,000.00 $87,750.00 $1,667,250.00 Funding Distribution Name Recipient Match Recipient Share Ecology Share Total SFAP 5% $87,750.00 $1,667,250.00 $1,755,000.00 Total $87,750.00 $1,667,250.00 $1,755,000.00 January 16, 2024 E - 63 Application Budget Worksheet (not for EAGL, but do not delete from this draft document) Funding Offer: SFAP Grant Offer SRF Standard Loan Offer SRF Forgivable Principal Loan Offer [Other WQC Funding] Offer Total Funding Offer $1,667,250. $1,667,250. Does the funding offer amount shown in the following forms all match? Offer Letter uploaded in EAGL: Yes EAGL Offer Form: Yes Published Offer List: Yes Was the funding offer less than the amount requested because of ineligible items? Please describe. No. Application Budget (copy tasks and amounts from EAGL) Task Budget in App Notes 1. Grant and Loan Administration $5,000 2. Cultural, Environmental Review, and Permitting 3. Design Plans and Specifications $67,000 4. Construction Management $1,683,000 For both construction & construction management. 5. Construction 6. Project Close Out Total $1,755,000 Agreement Budget Task Revised Budget Notes 1. Grant and Loan Administration $2,000.00 2. Cultural, Environmental Review, and Permitting $4,000.00 See comments on task 2 page. 3. Design Plans and Specifications $67,000.00 4. Construction Management $80,000.00 5.Construction $1,600,000.00 6. Project Close Out $2,000.00 Total $1,755,000 January 16, 2024 E - 64 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS (Updated June 2023) SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. “Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Accrued Interest” means the interest incurred as loan funds are disbursed. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. “Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure. “Centennial Clean Water Program” means the state program funded from various state sources. “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives; or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer- based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), (including optic glass), lumber, and drywall. “Cost Effective Analysis” means a comparison of the relative cost-efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. “Davis Bacon Prevailing Wage Act” means the federal law mandating on-site workers on public works projects be paid certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and repair projects. January 16, 2024 E - 65 “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred. “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge. “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT. “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount and the estimated schedule for completion of the project. “Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to Ecology. “Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal funding and meet additional federal requirements. “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. “Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount and the initiation of operation or completion date, whichever comes first. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower. “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its intended purpose. (For loans only) “Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. January 16, 2024 E - 66 “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan. “Loan Term” means the repayment period of the loan. “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. “Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including optical fiber; and lumber. “Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting state through the application of coatings, occurred in the Untied States. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents. “Prevailing Wage” means hourly wage, usual benefits, and overtime paid in the largest city in each county, to the majority of workers, laborers, and mechanics performing the same work. The rate is established separately for each county. “Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and is the last day eligible costs can be incurred. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project. “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or January 16, 2024 E - 67 issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement. “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Tota l Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. “Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing business with or receiving funds from the federal government. This number replaces the DUNS number. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting.” B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the January 16, 2024 E - 68 State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the January 16, 2024 E - 69 presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website. E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather- resistant signs. Contact your Ecology Project Team to determine the appropriate recognition for your project. H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project January 16, 2024 E - 70 administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only) 2. “Section 319 Initial Data Reporting” form must be completed in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) January 16, 2024 E - 71 SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319, State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANT (OSG) A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at: https://facweb.census.gov/. C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural Resources Review Form, coordination with Ecology Cultural Resources staff, and receipt of the Ecology Final Determination prior to any property acquisition and above and below ground disturbing activities. D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter11&edition=prelim). E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only): The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act (“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build America, Buy America Requirements are not applicable to the project. RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities, including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators of program deliverables, information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding, understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance, and/or other remedial actions. EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section 70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning prior to May 14, 2022, the statutory effective date of the BABA requirements. This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed BABA requirements. The statutory American Iron and Steel (AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has previously applied to SRF projects and will continue to do so as part of BABA requirements. January 16, 2024 E - 72 Where manufactured products used in the project are required to be produced in the United States, manufactured product shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. The manufactured products included cover the majority of potential water infrastructure products, including complex products made up of a variety of material types and components. For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors, blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment equipment, dewatering equipment, actuators, and many other mechanical and electrical items. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. January 16, 2024 E - 73 This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. January 16, 2024 E - 74 The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request. Wage determinations and instructions for their use can be found at https://sam.gov/. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request. Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more stringent requirement shall govern. Washington State prevailing wage rates can be found at https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number under their organization’s information in EAGL. The UEI number must be entered into EAGL before a funding agreement is signed. SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation (upon request) 2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL. 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 5. CWSRF Federal Reporting Information form – Must be completed in EAGL. 6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a wastewater or stormwater facility construction) – Must be completed in EAGL. 7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be completed in EAGL. 8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be uploaded to the Environmental and Cultural Review form in EAGL. A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state January 16, 2024 E - 75 statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds. This includes all the requirements in Section 4 and this Section. E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance public awareness of EPA assistance agreements nationwide. Signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and- loans/Facility-project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. January 16, 2024 E - 76 I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on the basis of a 365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT. 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the January 16, 2024 E - 77 loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the January 16, 2024 E - 78 RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verified that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc. - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33 - The American Iron and Steel Act (Buy American) - The Build America Buy America Act (BABA) (equivalency projects only)” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: January 16, 2024 E - 79 Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. January 16, 2024 E - 80 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of January 16, 2024 E - 81 attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. January 16, 2024 E - 82 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. · Receives more than $30,000 in federal funds under this award. · Receives more than 80 percent of its annual gross revenues from federal funds. · Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: • As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW- 115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. January 16, 2024 E - 83 ECOLOGY GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." (https://apps.ecology.wa.gov/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. January 16, 2024 E - 84 RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee- services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. January 16, 2024 E - 85 h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not January 16, 2024 E - 86 in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. January 16, 2024 E - 87 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms January 16, 2024 E - 88 incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. January 16, 2024 E - 89 b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. January 16, 2024 E - 90 RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT January 16, 2024 E - 91 shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations- Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. January 16, 2024 E - 92 Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of Terms and Conditions January 16, 2024 E - 93 Date: January 16, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Water System Plan Update– Professional Services Agreement (PSA-2023-42) Background / Analysis: The City is pursuing engineering support services for a Water System Plan update consistent with the requirements of WAC 246-290-100. If the Water System Plan is not updated and approved by the Department of Health (DOH) by June 25, 2024; the City will no longer be eligible for Drinking Water State Revolving Fund (DWSRF) grants/loans, will not be exempt from submitting project reports and construction documents for installation for new distribution mains, and will potentially lose its unspecified designation given by DOH. The principal goals of the Water System Plan (WSP) are to make the best use of available resources in order to provide high quality service and protect the health of utility customers. The Department of Health Office of Drinking Water policy encourages the City to use this WSP as a tool to address the City needs and statutory requirements while charting a plan of action for achieving these goals. The WSP includes a description of the Water System, Water Use, System Analysis, Water Use Efficiency, Water Rights, System Reliability, Interties, Water Source Protection, Operation and Maintenance Program, Design and Construction Standards, Capital Improvement Program, and Financial Analysis Chapter. The tasks supported by this Professional Services Agreement require personnel with specialized water planning experience, as well as several other unique skills sets the City does not currently retain in-house. For this reason, the City is seeking outside support. The City evaluated six engineering consulting firms via the MRSC Roster and selected Jacobs Engineering Group as the most qualified. Staff from Jacobs Engineering Group have provided Professional Engineering Support to the City on the last four Water System Plan updates, in addition to Summary: The Washington State Department of Health requires that Water Systems Plans for all Group A Water Systems are updated every six years. The current Water System Plan expires on June 25, 2024. To maintain compliance with the Washington Administrative Code (WAC) 246-290-100 the City must update its current Water System Plan and obtain approval for a ten-year planning period. The update requires specialized skills and experience that the City does not have in house. Funding: Funds are available in the approved 2024 Water Operations Budget in the amount of $50,000, Account 402-7380-534-4510 (WT0519). An additional $50,000 from excess Water Utility reserves will be utilized to address the funding gap. Recommendation: Award a Professional Services Agreement, for services to update the Water System Plan, Jacobs Engineering Group in the not to exceed amount of $96,055.00, and authorize the City Manager to sign and execute the Agreement and to make minor modifications to the Agreement as necessary. January 16, 2024 E - 94 the Elwha Water Facility design support and analysis agreement. Given their knowledge of the City’s Water system, Jacobs Engineering Group is uniquely qualified to assist the City. Summary of tasks and budget Tasks Budget 1 Description of Water System $4,423 2 Water Use $6,352 3 System Analysis $4,975 4 Water Use Efficiency, Water Rights, System Reliability, and Interties $4,423 5 Source Water Protection $2,488 6 Operation and Maintenance Program $1,936 7 Design and Construction Standards $1,936 8 Improvement Program $7,423 9 Financial Analysis $18,137 10 Appendices $6,079 11 Executive Summary $1,936 12 Document Preparation and Reviews $24,807 13 Project Management and Accounting $11,140 14 Directed Services $0 Total $96,055 Funding Overview: Funds are available in the approved 2024 Water Operations Budget in the amount of $50,000, Account 402-7380-534-4510 (WT0519). An additional $50,000 from excess Water Utility reserves will be utilized to address the funding gap. Attachments: Consultant Agreement January 16, 2024 E - 95 Labor Expenses Total Task 1. Description of Water System $4,423 $4,423 Task 2. Water Use $6,352 $6,352 Task 3. System Analysis $4,975 $4,975 Task 4. Water Use Efficiency, Water Rights, System Reliability, and Interties $4,423 $4,423 Task 5. Source Water Protection $2,488 $2,488 Task 6. Operation and Maintenance Program $1,936 $1,936 Task 7. Design and Construction Standards $1,936 $1,936 Task 8. Improvement Program $7,423 $7,423 Task 9. Financial Analysis $18,137 $18,137 Task 10. Appendices $6,079 $6,079 Task 11. Executive Summary $1,936 $1,936 Task 12. Document Preparation and Reviews 12.1 Preliminary Draft $9,548 $9,548 12.2 Final Draft $8,368 $8,368 12.3 Final Plan $6,891 $6,891 Task 13. Project Management and Accounting $11,139 $11,139 Task 14. Directed Services $0 $0 Total $96,055 $96,055 2024 Port Angeles Water System Plan Update Tasks Exhibit B January 16, 2024 E - 96 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF PORT ANGELES AND JACOBS ENGINEERING GROUP INC. PSA-2023-42 RELATING TO: WATER SYSTEM PLAN UPDATE THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and Jacobs Engineering Group Inc., a Delaware corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires engineering, and consulting assistance related to performing an update to the City of Port Angeles Water System Plan; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified engineering firm to perform the Scope of Services as detailed in Exhibit A; and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the work requested by the CITY in accordance with the standards of the profession; and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope The CONSULTANT will accomplish the work as described in scope of services attached hereto as Exhibit A. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT’S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws existing at the time the services are performed. January 16, 2024 E - 97 The Scope of Services may be amended upon written approval of both parties. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all written and electronic documents, exhibits, CAD files, project plans, engineering reports, or other presentations of the work directed by the CITY in Exhibit A with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and written direction to proceed from CITY and the duration of the Agreement shall extend through July 31, 2025. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT’S invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion January 16, 2024 E - 98 of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed the maximum sum of $96,055. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $96,055. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the Scope of Service. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workers Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. Consultant shall not accept any employment or perform any services where there is, or reasonably could arise, a conflict between the interests of the City and the interests of any of CONSULTANT’S other clients. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of January 16, 2024 E - 99 minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time, with or without cause, upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination with cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that January 16, 2024 E - 100 are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV FORCE MAJEURE A. Definition. For the purposes of this Agreement, “Force Majeure” means an event which is beyond the reasonable control of a Party including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, and/or (3) delay caused by an act or omission of the other Party, and which makes a Party’s performance of its obligations under the Agreement impossible or so impractical as to be considered impossible under the circumstances B. No Breach of Agreement. The failure of a Party to fulfill any of its obligations under the Agreement shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Agreement, and has informed the other Party as soon as possible about the occurrence of such an event. C. Extension of Time. Any period within which a Party shall, pursuant to this Agreement, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. XV INDEMNIFICATION/HOLD HARMLESS 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 performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. 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. XVI INSURANCE 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, January 16, 2024 E - 101 representatives or employees. 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. A. MINIMUM SCOPE OF INSURANCE Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01. 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 as additional insured endorsement at least as broad as ISO endorsement CG 20 26. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. 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 $2,000,000 per claim and $2,000,000 policy aggregate limit. C. OTHER INSURANCE PROVISION The CONSULTANT’S Automobile Liability and 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 insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT’S insurance and shall not contribute with it. D. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. VERIFICATION OF COVERAGE January 16, 2024 E - 102 CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. F. 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. G. 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. H. CITY 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. XVII APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVIII CONFLICTS In the event there is any conflict between the terms and conditions contained in this AGREEMENT and the terms and conditions contained in Exhibit A or in any other document that is incorporated into or made a part of the contract between the CONSULTANT and the CITY, the terms and conditions of this AGREEMENT shall control. XIX SUBMITTALS AND DOCUMENT CONTROL The City reserves the right to utilize an online, cloud-based project management system, Virtual Project Manager (VPM). VPM allows for paperless documentation and project administration. For more information, go to https://www.virtual-pm.com/. XX EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A – Scope of Services January 16, 2024 E - 103 Exhibit B – Budget Exhibit C – Consultant Time Plus Expense Rate Schedule This Agreement is effective and binding as of the date for the last signature affixed below. JACOBS ENGINEER GROUP INC. CITY OF PORT ANGELES By: __________________________________ Printed Name: Mike Reimbold By: ____________________________ Printed Name: Nathan West Title: Senior Project Manager Title: City Manager Date: _________________________________ Date: ___________________________ APPROVED AS TO FORM: BY: ______________________________ CITY ATTORNEY ATTEST: BY: ______________________________ CITY CLERK Exhibit A Scope of Work Jacobs Engineering (Consultant) will provide the following services related to the required 6- year update of the City of Port Angeles’ (City’s) existing Water System Plan (Plan), dated September March 2018. The resulting document will be a formal update of the City’s Plan, titled the Water System Plan Update. The Water System Plan Update is hereinafter referred to as the Update. As required per the June 25, 2018 approval letter for the 2018 Plan, an approved Update is required on or before June 25, 2024. The Update will be developed to comply with the requirements of WAC 246-290-100. The Update will have the same sections and section names as the Plan but will be updated, as January 16, 2024 E - 104 applicable, with new analysis, data, descriptions, discussion, and results, as described herein. The intent will be to maximize reuse of existing Plan content (narrative, figures, and tables) and minimize the development of new content and materials. No in-person meetings are budgeted as part of this project. Meetings shall be accomplished by video teleconference. No hardcopies shall be developed. All draft and final deliverables shall be in Word, if available, or PDF format (or both, as applicable) The budget for these services is presented in Exhibit B on a per-task and per-subtask basis. These per-task and per-subtask budgets were developed to establish the level of effort for each task as well as to establish the overall project budget. These task budgets are not contractually binding. They are presented to identify the composition of the overall budget, which provides the contractually binding, not-to-exceed contract limit. Project invoices will be submitted to City allocating incurred labor and expense costs at the task level. Scope Organization and Responsibilities The scope presented herein is organized with tasks primarily in alignment with sections of the Update. The last two tasks presented herein describe: (1) the process for completing and reviewing the multiple drafts and final Update document and (2) project management and accounting. The Update is planned to have the same major sections as the Plan. In general, the project to create the Update will be led by Consultant in support of City and the responsibilities of Consultant are presented, in detail, in the task descriptions below. That stated, completing the Update will be, in part, a collaborative effort that will key activities by City as well as City’s hydraulic network modeling consultant. A summary listing of activities to be undertaken by City and undertaken by its modeling consultant are identified in the bullets below. City’s responsibilities shall include the following: • Coordination and communication with Washington State Department of Health (DOH) regarding initiation, facilitation, and follow-up from Pre-Planning Conference and subsequent review of draft(s) of the Update. • In initial review of the existing Plan. City shall review and comment on the existing Plan to identify elements of the Plan that need to be modified for incorporation into the Update. Comments and edits from City shall be included on a single PDF and transmitted to Consultant for Consultant to address. • Facilitated coordination, as applicable, between City, Consultant, and City’s hydraulic modeling consultant. • Review of drafts of the Update. • Review of the results of hydraulic modeling efforts by City’s hydraulic modeling consultant. • Development of the figures to be included in the Update. This includes potential reuse of figures in the Plan, whether modified or un-modified, development of new figures, and redevelopment of figures from the Plan. It is understood that City may delegate a portion or all of this activity to its hydraulic modeling consultant, at City’s discretion. It is also understood that the any figures from the Plan to be reused and/or updated would be reused and/or updated from the PDF figures in the Plan. City’s hydraulic modeling consultant’s responsibilities shall include the following: January 16, 2024 E - 105 • All DOH-required and other applicable hydraulic modeling of the City’s water system. • Narrative description of the results of the hydraulic modeling effort, including development of tables summarizing the results. • If directed by City, as referenced above, development of figures and/or content presenting the results of the hydraulic modeling effort. • If directed by City, as referenced above, development of other figures, not related to presentation of hydraulic modeling results, as directed by City at City’s sole discretion. For purposes of clarity within the scope task descriptions below, reference to responsibilities of City’s hydraulic modeling consultant shall not be distinguished from City responsibilities. Note that the Pre-Planning Conference is required by DOH to review requirements for the Plan and to discuss issues specific to the City’s water system. Although not expected, if this Pre- Planning Conference results in requirements different than what are accounted for herein, these requirements could be funded from the Task 14, As-Directed Support, or from a contract amendment, as applicable and directed by City. The overall duration to develop the final, completed, and DOH-approved Update is uncertain but expected to be up approximately 18 months from the time this project commences. This timeframe could become greater based on multiple factors related to data collection, review of drafts, completion of content, completion of hydraulic modeling, and other factors. Task 1. Description of Water System Consultant shall develop Section 1 of the Update starting from and using Section 1 of the Plan. No new subsections of Section 1 will be developed. City shall review Section 1 of the Plan to identify new, updated Agreements, policies, codes, and other relevant updated materials and information that need to be incorporated into Section 1 of the Update. City shall furnish to Consultant electronic files (Word or PDFs, as applicable) of these new materials for Consultant to incorporate. Each of the six figures presented at the end of Section 1 of the Plan shall be updated by City, as necessary and applicable, for incorporation by Consultant into Update. Task 2. Water Use Consultant shall develop Section 2, Water Use, of the Update with the same content and tables as included in Section 2 of the Plan. The Update will include updated population, population growth, water demand, water consumption information, and Equivalent Residential Unit (ERU) information. The required 10- and 20-year estimates will be developed. Additional historical population and water use information, as currently presented in the Plan, will be added in the Update to the existing Plan tables to preserve and expand on the valuable trends presented. To accommodate the expanded tables, some of the tables will be re-oriented as landscape-view tables. Historical population, water use, water consumption, and population growth rate information will be based on data furnished by City. City shall furnish water use and consumption information in spreadsheet format for the years 2016 through 2023. Metered water supply data to be furnished by City include the following: • The Elwha supply meter • The PAWTP meter • The Fairmount Pump Station meter January 16, 2024 E - 106 • The Mill Creek Pump Station meter • The Clallam PUD high zone meter • The Clallam PUD low zone meter Projected water use for the overall City as well as subzones within the City shall be based on the single overall population growth rate furnished by City. Task 3. System Analysis Except where noted, Consultant will analyze the City’s system with respect to water quality, source of supply, treatment, storage, and distribution. Section 3, System Analysis, shall be developed for the Update as follows: • Sections 3.1 through 3.5 of the existing Plan shall be updated per City review, commenting, and editing of the Plan to reflect current conditions. These sections will remain as narrative sections in addition to the single, updated water quality table (Table 3-1 of the Plan). City shall provide copies of its latest water quality testing information to support updating Table 3-1 and mark up Table 3-1 as applicable. • Section 3.6, Storage, shall be updated using the new water use information developed for Section 2. The new storage analysis shall account for the fact that the E Street Reservoir has already been removed from service. • Section 3.7, Booster Stations, shall be updated to reflect current conditions, including any new pumps or equipment that has been installed, as identified and described by City. Updated water use information from Section 2 shall be used, as applicable, to assess pump station capacity. • Section 3.8, Pressure Reducing Valves, shall be updated, as marked up by City, to reflect the addition of the new E Street Pressure Reducing Valve station. • Section 3.9, Distribution, shall be updated in its entirety by City, and/or City’s hydraulic modeling consultant to reflect the evaluation of the distribution system and the hydraulic modeling task. • Sections 3.10, 3.11, and 3.12 shall be updated based on edits provided by City of these same sections from the Plan. It is understood that Sections 3.10 and 3.11 will have minimal change and that Section 3.12 will have several deletions and any other improvement information the City deems appropriate for inclusion. • Section 3.13 will be updated by Consultant, based on City review comments and results of the hydraulic modeling task being completed by City’s modeling consultant. Section 3.14 will remain unchanged, as the gallons per ERU will have only changed in a minor way that will only lessen any capacity limitations. Note that this analysis does not reflect that the City has any capacity limitations that it needs to address or that would impact growth. City and/or City’s consultant shall create new figures for Section 3 of the Update that replace the Section 3 figures in the Plan. City shall furnish these figures to Consultant for inclusion into the Update. Task 4. Water Use Efficiency, Water Rights, System Reliability, and Interties Section 4 of the Update shall be based on review comments and edits made by City as part of City’s initial review of the Plan. Consultant shall update Table 4-3 of the Plan and the associated narrative discussion. Other than City-initiated modifications, no other changes to January 16, 2024 E - 107 Section 4 are needed or budgeted. Consultant shall prepare an updated version for the Update of Appendix W of the Plan. Task 5. Source Water Protection Consultant shall update Section 5, Source Water Protection, based on City’s review comments, edits, and updates. These content changes are anticipated to be minor. No content or analysis modifications by Consultant are planned or budgeted. Reuse and/or modification of Section 5 figures from the Plan shall be undertaken by City. Task 6. Operation and Maintenance Program City shall update, edit, comment on Section 6 of the Plan as the basis for Section 6 of the Update. Consultant’s efforts shall be limited to receiving City’s modifications in Track Changes of a Word file and incorporating the modified file into the Update. For this Section, City’s updates and modifications shall be as tracked changes of the Word file of the Plan document. Task 7. Design and Construction Standards City shall update, edit, comment on Section 7 of the Plan as the basis for Section 7 of the Update. Consultant’s efforts shall be limited to receiving City’s modifications on a PDF of the Plan or in Track Changes of a Word file and incorporating the modified file into the Update. Task 8. Improvement Program Consultant will prepare an improvement program for the Update that reflects the needed and planned improvements the City intends to implement. The improvement program will be presented in the same manner and format as it is presented in Section 8 of the Plan. Minimal text and text modification is anticipated for this section of the Plan because discussion of specific improvement projects are presented in earlier sections. Per DOH requirements, specific improvement projects over the 10-year planning horizon will be scheduled. The period between the 10-year and 20-year planning horizons will include improvements that are generally projected for this time frame, but not scheduled for specific years. Task 9. Financial Analysis Consultant shall develop Section 9, Financial Analysis, of the Update in the same manner and format as developed for the existing Plan. The Financial Analysis section of the Update will include all of the same sections, content, and projections, as presented in Section 9 of the Plan, but will be based on current and recent financial and rate information provided by City. Similar to the Financial Analysis section of the Plan, a discussion of available revenue sources and the allocation of those revenue sources to capital and operational improvements will be presented. A table including the total estimated annual cost of improvements over the 10-year planning horizon will be presented that shows how projected revenue and expenses permit execution of the Section 8 Improvement Program. A discussion of the need to adjust rates or obtain other funding to undertake the improvement program will be presented. Also similar to the Financial Analysis section of the Plan, City’s current and recent water rates, provided by the City, will be presented in a table. A discussion of the utility rate structure to fund improvements directly and/or revenue bonds to fund improvements indirectly will be developed. Proposed rate increases or changes in rate structure will be shown in the table described above that shows how the improvement program will be funded over the 10-year planning horizon. January 16, 2024 E - 108 Task 10. Appendices Similar to the Plan, the Update will be appended with miscellaneous detailed information and documents that are not included in the main Update sections but are important supportive information to the City’s comprehensive water system planning efforts. The appendices presented in the Plan are anticipated to be included (updated as applicable) in the Update, except where noted. These appendices are listed below along with discussion of the scope and responsibility for update: • Appendix A, Water Facilities Inventory Form. City shall provide Consultant with latest form, complete for incorporation into the Update. • Appendix B, SEPA Checklist and Determination of Non-Significance. Consultant shall develop an updated SEPA Checklist for use by City to complete the SEPA process and develop a determination. Consultant shall incorporate final documents into Update as an appendix. • Appendix C, City Council Approval and Public Hearing Documentation. Consultant shall incorporate final documents furnished by City. • Appendix D, History of Water System. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. • Appendix E, Description of Adjacent Systems. This appendix shall be re-used, unchanged from what was presented in the Plan, unless City develops specific markups. • Appendix F, Local Government Consistency Review Checklist. City shall complete the required form and solicit completion of the form by Clallam County. Consultant shall incorporate the completed forms. • Appendix G, Urban Services Standards and Guidelines. City to furnish latest document for Consultant to incorporate. • Appendix H, PUD Wholesale Water Agreement. City to furnish latest document for Consultant to incorporate. • Appendix I, 1988 Water Wheeling Agreement. City to furnish latest document for Consultant to incorporate. • Appendix J, Zoning Classifications. City to furnish latest document for Consultant to incorporate. • Appendix K, Interagency Water Facilities Agreement. City to furnish latest document for Consultant to incorporate. • Appendix L, Historical Demand. Consultant shall prepare updated table and graph for incorporation. • Appendix M, Historical Consumption. Consultant shall prepare updated table and graph for incorporation. • Appendix N, Ranney Report. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. January 16, 2024 E - 109 • Appendix O, Emergency Morse Creek Supply. City shall update this appendix from the Plan and Consultant shall incorporate the updated version as an appendix into the Update. • Appendix P, Elwha Supply Facilities Figure. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. • Appendix Q, PAWTP Drawings. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. • Appendix R, Fire Marshal Memos. City shall obtain Fire Marshal review and concurrence of the fire flows to be used in the hydraulic modeling and furnish documentation of this review and concurrence to Consultant for incorporation into the Update. • Appendix S, Water Use Efficiency Program. City shall furnish Consultant required documentation for incorporation into the Update. • Appendix T, Certificate of Water Right. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. • Appendix U, Ecology Policy 1040. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. • Appendix V, MOU-NPS-City-Tribe. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. • Appendix W, WR Assessment Forms. Consultant shall update the Assessment Forms from the Plan with update demand information and incorporate the updated forms into the Update. • Appendix X, Water Shortage Response Plan. Consultant shall update the Water Shortage Response Plan from the Plan or an updated version, if available, as developed and furnished by City. • Appendix Y, Status of 2010 Projects. Consultant shall prepare this appendix table based on a markup by City of the Section 8 Improvement Program (Table 8-1) from the Plan. • Appendix Z, Detailed Job Descriptions. Consultant shall incorporate an updated version of this appendix from the Plan for incorporation into the Update. • Appendix AA, 2018 CFP. City shall furnish Consultant with the latest CFP for incorporation by Consultant into the Update. • Appendix AB, Limiting Capacity Analysis. Consultant shall re-use this appendix from the Plan, unchanged, into the Update. Task 11. Executive Summary Consultant will prepare the Executive Summary for the Update based minor modification of the Executive Summary from the Plan. The Executive Summary shall have the same sections, length, and general content, but shall be updated based on specific information that has changed since the 2018 Plan. Task 12. Document Preparation and Reviews Consultant shall prepare two draft versions of the Update and a single final version of the Update. The cost of preparing these draft and final versions is substantial. Thus, if additional January 16, 2024 E - 110 draft versions become necessary or requested by City, the budget for this task will need to be amended, or if City deems appropriate, budget from the Directed Services task could be used. 12.1 Preliminary Draft Consultant shall prepare a preliminary draft of the Update for submittal to the City for its review. The preliminary draft is intended for internal review by City staff and not for distribution to other agencies. City staff will coordinate, adjudicate, and summarize all City comments onto a single Update set. Consultant will meet once with City staff by video teleconference to review comments and agree on appropriate responses and revisions. 12.2 Final Draft Consultant shall revise the preliminary draft Update as applicable based on comments provided by City staff. City will submit the final draft Update to DOH, Clallam County Health Department, Clallam PUD, Dry Creek Water Association, Black Diamond Water District, and other applicable agencies and stakeholders for their concurrent review. City staff will coordinate, adjudicate, and summarize all City, County, and other agency (excluding DOH) comments onto a single PDF of the final draft of the Update. DOH review comments can be addressed with City and Consultant as its own set of review comments. Consultant will address review comments with City staff by video teleconference, including DOH review comments. 12.3 Final Plan Consultant shall revise the final draft based on City-adjudicated comments and DOH comments, as applicable, in preparation of the final Update to be adopted by City. Consultant shall develop a single comment response form in Word to address DOH comments and comments from other reviewers. Consultant’s proposed responses to review comments shall be described. This form shall be submitted to City for City’s review and concurrence and subsequently for City’s use in coordinating with DOH, Clallam County, and other reviewers. Consultant shall develop a single bookmarked PDF for submittal to City. Task 13. Project Management and Accounting Consultant shall set up internal accounting files and project numbers. Consultant will prepare internal project instructions and an internal quality control plan and distribute these to project staff and applicable functional leadership team members. Consultant’s project manager will coordinate and review work activities of the project team. Consultant will prepare and submit invoices to the City on a monthly basis or as applicable based on the pace of work (but no more frequently than one month). Consultant will accompany invoice with a brief status report of one-page or less. Task 14. Directed Services City and Consultant agree that the scope of work presented herein may not address all of the needs or requirements associated with this project. These potential needs cannot be identified, defined, and quantified at the time this Agreement was executed. This Directed Services task enables City to direct, at its sole discretion, Consultant to undertake planning, engineering, and/or other technical support to address unforeseen issues which may develop in relation to the PAWTP or Elwha Ranney collector. As individual needs for planning, engineering, or other technical support arise, City and Consultant shall negotiate the scope of work and fee and formalize it in a Directed Services work order. If the budget for January 16, 2024 E - 111 such additional work exceeds the budget for this Directed Services task, City and Consultant would execute an amendment to the Agreement to support the additional work. END OF EXHIBIT January 16, 2024 E - 112 Labor Expenses Total Task 1. Description of Water System $4,423 $4,423 Task 2. Water Use $6,352 $6,352 Task 3. System Analysis $4,975 $4,975 Task 4. Water Use Efficiency, Water Rights, System Reliability, and Interties $4,423 $4,423 Task 5. Source Water Protection $2,488 $2,488 Task 6. Operation and Maintenance Program $1,936 $1,936 Task 7. Design and Construction Standards $1,936 $1,936 Task 8. Improvement Program $7,423 $7,423 Task 9. Financial Analysis $18,137 $18,137 Task 10. Appendices $6,079 $6,079 Task 11. Executive Summary $1,936 $1,936 Task 12. Document Preparation and Reviews 12.1 Preliminary Draft $9,548 $9,548 12.2 Final Draft $8,368 $8,368 12.3 Final Plan $6,891 $6,891 Task 13. Project Management and Accounting $11,139 $11,139 Task 14. Directed Services $0 $0 Total $96,055 $96,055 2024 Port Angeles Water System Plan Update Tasks Exhibit B January 16, 2024 E - 113 EXHIBIT C Consultant Time Plus Expense Rate Schedule 2023 Rate Schedule Consultant Labor Costs and Non-Salary Reimbursable Costs are shown on the following pages. January 16, 2024 E - 114 Date: January 16, 2024 To: City Council From: Corey Delikat, Parks & Recreation Director Subject: Facility Use Agreement- Port Angeles Farmer’s Market Background / Analysis: The Port Angeles Farmer’s Market (PAFM) has been using the Gateway Pavilion to sell locally grown or produced goods and services since 2009. This has become a valuable attraction for the Port Angeles downtown year-round and helps create an economic activity that is supported by residents and visitors alike. This agreement is to renew the (5) year agreement with no charge for the use of the facility. Funding Overview: No funding is associated with this Facility Use Agreement. Summary: The City of Port Angeles and the Port Angeles Farmer’s Market is looking to extend their partnership by extending the current contract to an additional five (5) years. Funding: No funding is associated with this Facility Use Agreement. Recommendation: (1) Approve and authorize the City Manager to sign a Facility Use Agreement with the Port Angeles Farmer’s Market and; (2) Allow the City Manager to make any minor modifications to the agreement, if necessary. January 16, 2024 E - 115 −1− FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND THE PORT ANGELES FARMERS’ MARKET This Facility Use Agreement (“Agreement”) is made and entered into as of the date of the last signature affixed below by and between the City of Port Angeles, (“City”), a non-charter code city and Washington State Municipal Corporation, and the Port Angeles Farmers’ Market, (“PAFM”), a Washington non-profit corporation. WHEREAS, the City is the owner/manager of the pavilion deck area at the Gateway Transit Center, located at 125 East Front Street, Port Angeles, Washington; and WHEREAS, PAFM operates a farmers’ market where vendors sell goods and products made and produced in the City of Port Angeles region directly stimulating the local economy; and WHEREAS, PAFM is a valuable attraction for Downtown Port Angeles creating an economic activity supported by residents and visitors alike; and WHEREAS, the City is committed to creating a vibrant and active Downtown experience that will be enhanced by the presence of PAFM; and WHEREAS, it is in the City’s and the public’s interest to allow PAFM to use the Gateway Transit Center pavilion deck area for operation of the farmers’ market subject to the terms specified within this Agreement; and NOW, THEREFORE, in consideration of the promises and commitments made herein, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1.Premises. The City hereby agrees to allow PAFM to use the pavilion deck area at the Gateway Transit Center which is described in Exhibit “A”, a copy of which is attached and incorporated by this reference, for the sole purpose of operating a farmers ’ market upon the following terms and conditions. PAFM may place a sign on the south and east facing portion of the clock tower for the term of this Agreement. The PAFM sign shall be subject to the approval of the Parks and Recreation Director. 2.Term. This Agreement shall be deemed to be in full force and effect as of January 1, 2024. The use permitted under this Agreement shall expire December 31, 2028, unless terminated with thirty (30) days’ written notice or extended or modified in a subsequent written agreement between the parties. 3.Use. PAFM shall use the premises for the sole purpose of operating a January 16, 2024 E - 116 −2− farmers’ market, which includes the sale of locally grown or produced goods and services, entertainment, and on-site consumption of products sold at PAFM. All other uses are expressly prohibited without the prior written consent of the City’s Parks and Recreation Director. Additional compensation at fair market rates shall be required for authorization of any extended or additional uses of the premises. 4. Facility Protection and Cleanup. The parties agree that facility protection and clean-up will be in accordance with the provisions set forth in Exhibit “A”, which is attached hereto and incorporated herein. 5. Dates and Hours of Operation. During the term of this Agreement, the area described in Exhibit “A” shall be reserved for the use of PAFM Saturdays from 6:00 a.m. to 4:00 p.m., except that, at its sole option, the City may, on no more than three Saturday dates during the contract term, schedule the described area for other uses, thus displacing PAFM from use of the Gateway facility; provided that the City gives PAFM no less than thirty (30) days’ notice of said alternate use. During those dates when PAFM is displaced, the signage on the clock tower may be covered at the sole discretion of the Parks and Recreation Director. Additionally, if PAFM wants to hold Wednesday markets, they must notify the Parks & Recreation Facility Rental Coordinator at 360-417-4523 so that the City can reserve the space for them. 6. Parking. PAFM may reserve the southernmost parking space on the west side of Lincoln Street and the three most easterly parking spaces on the north side of Front Street, adjacent to the Gateway pavilion, for the purpose of vendor loading and unloading for two hours before and after the market event. Signage for this purpose will be provided by the City to PAFM and PAFM shall be responsible for the placement and removal each market day. Any other parking agreements must be negotiated with appropriate parking managers. City parking ordinances will be enforced. 7. Rental Fees. The City shall wave any rental fees that may be associated with this Agreement so long as the PAFM performs the duties listed under section 8 of this agreement. 8. Duties of the PAFM. A. PAFM agrees to include in its vendor guidelines and market promotion that the farmers’ market adheres to the City’s policy of no smoking in the Gateway area as described in Exhibit “A.” B. PAFM understands that this Agreement and the terms described herein cover solely the use of the pavilion deck at the Gateway Transit Center for the specified days of the farmers’ market. Any additional uses of facilities will be subject to additional rental fees. PAFM shall at all times have an identified representative of authority on the premises. This person shall be designated before each event and have proper contact information on file with the City’s Facility Rental Coordinator (360-417-4523). January 16, 2024 E - 117 −3− C. PAFM shall at no time charge admission fees to non-vendors. D. PAFM shall adhere to all federal, state, county and local laws and regulations, including City policies described in Exhibit “A,” during the operation of the farmers’ market at the Gateway Transit Center pavilion deck facility. E. At the end of each day’s occupancy, trash and debris generated by PAFM, vendors, and non-vendors shall be cleaned up by PAFM and deposited in the trash cans located at the Gateway Transit Center. F. PAFM agrees to use the Gateway Transit Center as its only venue unless written permission is granted for temporary relocation by the City. G. PAFM agrees to increase awareness of the market and expand on vendors that support local agriculture of fresh and healthy foods. This also includes administrating grants and programming, such as the SNAP Market Match which provides matching funds for the purchase of fresh foods that specifically benefit EBT and WICC recipients, seniors and students. H. PAFM agrees to provide over 100 hours of community service per year to help keep the Gateway Transit Center clean at no cost to the City. This includes assisting with the cleaning and stocking of the restrooms, sweeping and washing of the pavilion, along with litter pick-up, before and after the market. I. PAFM shall, throughout the duration of the farmers’ market, be responsible for maintaining compliance with all then-applicable COVID-19 guidelines and precautions, as recommended by the Clallam County Public Health Department, for all employees, volunteers, vendors and guests. 9. Indemnification. PAFM shall defend, indemnify and hold harmless the City of Port Angeles, its officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of the Gateway Transit Center pavilion deck area or premises, or from any activity, work or thing done, permitted, or suffered by PAFM in or about the facility or premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles. 10. Insurance. PAFM 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 use of the facility or premises. PAFM shall provide a certificate of insurance evidencing: General liability insurance covering premises, products-completed January 16, 2024 E - 118 −4− operations and contractual liability. The City shall be named as an insured on PAFM’s general liability insurance policy. The general liability insurance shall be written with limits of no less than $2,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, a clause that states that PAFM’s insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of PAFM’s insurance and not contribute with it. PAFM shall provide to the City a certificate of insurance evidencing the required insurance before using the facility or premises. PAFM’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the City to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. If PAFM 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 PAFM, irrespective of whether such limits maintained by PAFM 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 PAFM. Insurance is to be placed with an insurer with a current A.M. Best rating of not less than A:VII. Failure to maintain insurance as described above shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the Agreement by the City. 11. Assignment. This Agreement may not be assigned or transferred without the written approval of the City. 12. Anti-Discrimination. In all services or activities and all hiring or employment made possible by or resulting from this Agreement, there shall not be discrimination against any employee or applicant for participation in the farmers’ market operation because of sex, age, (except minimum age and retirement provisions), race, color, creed, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. PAFM shall observe and fully comply with any and all applicable federal, state, or local law or regulations regarding non-discrimination. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part of this Agreement by the City, and may result in ineligibility for further City agreements. PAFM will also comply with January 16, 2024 E - 119 −5− other anti-discrimination laws or requirements of any and all jurisdictions having authority. 13. Compliance with All Laws and Regulations. In using the premises, PAFM will comply with all applicable laws, ordinances and regulations from any and all authorities having jurisdiction. PAFM specifically agrees to comply and pay all costs associated with achieving such compliance without any notice from the City, and further agrees that the City of Port Angeles does not waive this section by giving notice of demand for compliance in any instance. 14. Notice. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified in a subsequent written directive: City of Port Angeles Corey Delikat, Parks and Recreation Director 308 East 4th Street Port Angeles, WA 98362 Port Angeles Farmer’s Market President P.O. Box 336 Port Angeles, WA 98362 15. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Washington. Venue for any claims that might flow from this Agreement shall be with Clallam County. 16. Entire Agreement. By signing this Agreement the City of Port Angeles and PAFM understand and concur that this Agreement is considered to be all of the covenants, promises, agreements and conditions, oral or written between the parties. The parties hereby agree that this document contains the entire agreement between the parties and that this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. January 16, 2024 E - 120 −6− IN WITNESS WHEREOF, the City and PAFM have executed this Agreement the date and year indicated. CITY OF PORT ANGELES By: __________________________ Nathan West, City Manager Date:_________________________ PORT ANGELES FARMERS’ MARKET By: ____________________________ PAFM Board President Date:___________________________ Attest: ______________________________ Kari Martinez Bailey, City Clerk Approved as to form: ______________________________ William E. Bloor, City Attorney January 16, 2024 E - 121 −7− EXHIBT “A” PARKS & RECREATION DEPARTMENT POLICY AND PROCEDURES PR-0301 THE GATEWAY USAGE POLICY 1. PURPOSE: 1.1. To establish written policies and procedures for The Gateway facility management. 2. DEPARTMENTS/DIVISIONS/PERSONNEL AFFECTED: 2.1. Parks & Recreation Department 3. PUBLIC FACILITY: 3.1. The public facility affected is The Gateway, a public gathering place located at 125 East Front Street, Port Angeles, Washington. The area to be regulated by this policy is comprised of the decking and pavilion area of the Gateway Facility, not to include the public restrooms, parking facilities, transit lanes, offices or sidewalks which surround the venue. 4. POLICY: 4.1. Smoking will not be allowed within 25 feet of the facility per RCW Chapter 70.160.075. This regulation includes all spaces open to the public. 4.2. Skateboard and bicycle riding will not be allowed at the facility. 4.3. Maximum occupancy is 990 persons. 4.4. Alcohol sales will be allowed by permit only, in an established and controlled area of the pavilion area. 4.5. No more than one vehicle with trailer is allowed on the pavilion deck at any one time (combined weight limit of vehicle, trailer and contents shall not exceed 12,000 lbs.). 4.6. Any vehicle parked more than two consecutive hours on the pavilion deck shall have an approved protection device placed beneath said vehicle to protect the deck. 4.7. No banner or sign shall be hung on Gateway property unless in compliance with City of Port Angeles Municipal Code 14.36. 4.8. No tents and/or other temporary structures shall be secured to cables, drain spouts, fire suppressant systems, electric equipment or similar structures. 4.9. Protective deck covering must be used if any substance in a user’s charge, other than water, could be spilled onto The Gateway walking surface. 4.10. Users shall make no alteration or improvements to or upon the premises, or install any fixtures, without first obtaining written approval from the City’s Parks & Recreation Director. January 16, 2024 E - 122 −8− 4.11. Equipment will be provided for proper cleanup. Users shall leave the pavilion deck area in the same condition that it was found, prior to each day’s occupancy. All City equipment shall be returned to proper storage at the facility. 4.12. User groups will at no time charge admission fees to the general public. Charging for goods or services is allowable, but no facility entry fee, nor minimum purchase requirements, shall be enforced. 4.13. User groups will in no way restrict general public use of the facilities public restrooms. Effective: August 2009 – PW&U Approved: __________________________ January 16, 2024 E - 123 Date: January 16, 2024 To: City Council From: Corey Delikat, Parks & Recreation Director Subject: Facility Use Agreement – Port Angeles Community Gardens Background / Analysis: Since 2011, the City of Port Angeles and the Port Angeles Community Garden (PACG) has provided space for community members to grow healthy food, improve the nutrition of their communities, and provide opportunities for physical activity. The City has provided space for these activities at 328 East 5th Street (directly across from City Hall) and at Wolverton Park located at 825 West 11th Street. Now that the current five (5) year contract is expiring, both entities are looking to extend the agreement for an additional five years. Funding Overview: No funding is associated with this Facility Use Agreement. Summary: Since 2011, the City of Port Angeles and the Port Angeles Community Garden (PACG) has provided space for community members to grow healthy food, improve the nutrition of their communities, and provide opportunities for physical activity. The City has provided space for these activities at 328 East 5th Street (directly across from City Hall) and at Wolverton Park located at 825 West 11th Street. Now that the current five (5) year contract is expiring, both entities are looking to extend the agreement for an additional five years. Funding: No funding is associated with this Facility Use Agreement. Recommendation: (1) Approve and authorize the City Manager to sign a Facility Use Agreement with Contract with the Port Angeles Community Garden and; (2) Allow the City Manager to make any minor modifications to the agreement, if necessary. January 16, 2024 E - 124 -1- FACILITY USE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND THE PORT ANGELES FRIENDS OF THE COMMUNITY GARDEN This Facility Use Agreement (“Agreement”) is made and entered into as of the date of the last signature affixed below by and between the City of Port Angeles, (“City”), a Washington municipal corporation and non-charter code city, and the Port Angeles Friends of the Community Garden, (“PACG”), a Washington non-profit corporation. WHEREAS, community gardens provide space for community members to grow healthy food and improve community nutrition, give opportunities for physical activity, and citizen engagement; and WHEREAS, the City owns properties located at 328 E. Fifth Street and 825 West 11th Street in Port Angeles that are well suited for the establishment of community gardens; and WHEREAS, the PACG governing non-profit board possess the skills necessary to manage and govern community gardens; and NOW, THEREFORE, in consideration of the promises and commitments made herein, the sufficiency of which is hereby acknowledged, it is agreed as follows: 1.Premises. The City hereby agrees to allow PACG to manage and govern the 5th Street Community Garden located at 328 E Fifth Street in Port Angeles and the 11th Street Community Garden at Wolverton Park 825 West 11th Street in Port Angeles. 2.Term. This Agreement shall be deemed to be in full force and effect as of January 1, 2024. The use permitted under this Agreement shall expire December 31, 2028, unless terminated by either party upon thirty (30) days’ written notice or extended or modified in a subsequent written agreement between the parties. 3.Use. The PACG will provide the equipment and supplies needed for the operation of the Community Gardens and will install any special equipment. PACG will regularly inspect and clean the gardens of litter, debris, and other detritus. PACG, through its governing board, will establish and enforce rules to assign individual garden plots, collect fees to reinvest in the gardens, govern the use of fertilizers, pesticides, and other chemicals, and administer relationships between gardens and gardeners, maintenance requirements, and other issues concerning the management of the community gardens. The 11th Street Community Garden is irrigated partially via the Wolverton Park collection chamber and pump. PACG may use the diversion value to divert water to the garden or the alley during times of oversaturation. The City will provide a yard waste container at both Community Gardens free of charge to the PACG. The City will pay the base water rate and water service re-activation fees in the spring season at both Community Gardens and the PACG will pay the consumption charges. In return for the reduction in water and yard waste fees, the PACG will dedicate two plots from the 5th Street Garden to grow vegetables specifically for the Port Angeles Food Bank as well as give any excess or unneeded vegetables from the 11th Street Community Garden. January 16, 2024 E - 125 -2- 4. Indemnification. PACG shall defend, indemnify and hold harmless the City of Port Angeles, its officials, employees and volunteers from and against any and all claims, suits, actions or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of the Community Gardens premises, or from any activity, work or thing done, permitted, or suffered by user in or about the facility or premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Port Angeles. 5. Insurance. PACG 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 use of the facility or premises. PACG shall provide a certificate of insurance evidencing: General liability insurance covering premises, products-completed operations and contractual liability. The City shall be named as an insured on PACG’s general liability insurance policy. The general liability insurance shall be written with limits of no less than $2,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, a clause that states that PACG’s insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of PACG’s insurance and not contribute with it. PACG shall provide to the City a certificate of insurance evidencing the required insurance before using the facility or premises. PACG’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the City to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. If PACG 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 PACG, irrespective of whether such limits maintained by PACG 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 PACG. Insurance is to be placed with an insurer with a current A.M. Best rating of not less than A:VII. Failure to maintain insurance as described above shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of the Agreement by the City. 6. Assignment. This Agreement may not be assigned or transferred without the written approval of the City. 7. Anti-Discrimination. In all services or activities and all hiring or employment made possible by or resulting from this Agreement, there shall not be discrimination against any January 16, 2024 E - 126 -3- employee or applicant for participation in the Community Gardens operation because of sex, age, (except minimum age and retirement provisions), race, genetic information, color, creed, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. PACG shall observe and fully comply with any and all applicable federal, state, or local laws or regulations regarding non-discrimination. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part of this Agreement by the City and may result in ineligibility for further City agreements. PACG will also comply with other anti-discrimination laws or requirements of any and all jurisdictions having authority. 8. Notice. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified in a subsequent written directive: City of Port Angeles Corey Delikat, Director of Parks and Recreation 321 E. 5th Street Port Angeles, WA 98362 Port Angeles Friends of Community Gardens Board President P.O. Box 902 Port Angeles, WA 98362 9. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Washington. Venue for any claims that might flow from this Agreement shall be with Clallam County. 10. Entire Agreement. By signing this Agreement, the City of Port Angeles and PACG understand and concur that this Agreement is considered to be all of the covenants, promises, agreements and conditions, oral or written between the parties. The parties hereby agree that this document contains the entire agreement between the parties and that this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. IN WITNESS WHEREOF, the City and PACG have executed this Agreement on the date and year indicated. CITY OF PORT ANGELES By: _____________________________ Nathan West City Manager PORT ANGELES FRIENDS OF COMMUNITY GARDENS By: _______________________________ Board President January 16, 2024 E - 127 -4- Date:____________________________ Date:_____________________________ Attest: _________________________________ Kari Martinez Bailey, City Clerk Approved as to form: _________________________________ William Bloor City Attorney January 16, 2024 E - 128 Date: January 16, 2024 To: City Council From: Corey Delikat, Parks & Recreation Director Subject: Facility Use Agreement – Clallam County Gem and Mineral Association Background / Analysis: The City of Port Angeles has had a longstanding partnership with the Clallam County Gem & Mineral Association (CCGMA). In years past, the two entities have agreed to a one-year contract that provides two events hosted at the Vern Burton Community Center that offer a “Rock, Gem & Jewelry Show” to the community. They City and the CCGMA would like to continue this partnership by extending the current agreement to a five (5) year Facility Use Agreement. Funding Overview: The City will receive $2,500 per show, totaling $5,000 in revenue per year. Summary: The City of Port Angeles has had a longstanding partnership with the Clallam County Gem & Mineral Association (CCGMA). In years past, the two entities have agreed to a one-year contract that provides two events hosted at the Vern Burton Community Center that offer a “Rock, Gem & Jewelry Show” to the community. They City and the CCGMA would like to continue this partnership by extending the current contract to a five (5) year agreement. Funding: The City will receive $2,500 per show, totaling $5,000 in revenue per year. Recommendation: (1) Approve and authorize the City Manager to sign a Facility Use Agreement with the Clallam County Gem and Mineral Association and; (2) Allow the City Manager to make any minor modifications to the agreement, if necessary. January 16, 2024 E - 129 1 CITY OF PORT ANGELES PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT, made as of the date of the last signature affixed below, by and between the City of Port Angeles, Washington, ("City") and the Clallam County Gem and Mineral Association (CCGMA), (“Contractor”), a Washington State non-profit corporation, whose address is PO Box 98, Sequim, WA 98382. IN CONSIDERATION of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties agree as follows: 1.Contractor Responsibilities: The Contractor shall perform the following services to support and manage two yearly rock shows, the City of Port Angeles Rock, Gem, & Jewelry Show and the CCGMA Rock Show (“Rock Shows”): provide marketing and advertising; recruit vendors and accept payment for booth rentals; organize and manage the Rock Shows; and pay the City $2500 per show for a total of $5000 per year. However, if not all the vendor spots are filled due to lack of participation, both parties agree to split the loss of the tables 50/50. Contractor shall, throughout the duration of the Rock Shows, be responsible for maintaining compliance with all then-applicable COVID-19 guidelines and precautions, as recommended by the Clallam County Public Health Department, for all employees, volunteers, vendors and guests. 2.City Responsibilities: The City shall perform the following services to support the Rock Shows: provide facility rental without charge; set up and take down the equipment for the Rock Shows; hang advertising banners for the Rock Shows; provide insurance for the Rock Shows; and place advertising stakes in and around Port Angeles before each show. Set-up for the event shall be completed by 12:00 p.m. the Friday before the event. 3.Location and Time: The Contractor shall perform the services at the Vern Burton Gym, 308 East 4th Street in Port Angeles, WA. The Contractor shall perform services during mutually agreed weekends in March and September for the years 2024 through 2028. 4.Term: This Contract shall expire no later than December 31, 2028. 5.Independent Contractor Status: The relationship created by this Contract is that of employer/independent contractor. The Contractor and its officers, agents, employees and/or volunteers are not employees of the City and are not entitled to the benefits provided by the City to its employees. The Contractor is an independent contractor and has the authority to control and direct the performance within the scope of services. January 16, 2024 E - 130 2 The Contractor shall assume full responsibility for the payment of all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, social security, industrial insurance, and income tax. 6. Indemnification/Hold Harmless: The Contractor 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 acts, errors or omissions of the Contractor in performance of this Contract, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’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 Contract. 7. Authority: The Contractor does not have, and shall not hold itself out as having, authority to create any contract or obligation that is binding on the City unless the City otherwise consents in writing. 9. Assignability: The Contractor shall not assign or transfer any interest in this Contract unless the City otherwise consents in writing. 10. Employees of the Contractor: All services to be performed by the Contractor herein shall only be performed by the Contractor and not by City employees or others unless by specific written consent of the City. If the City provides a vendor for the event, it is not considered an employee of the Contractor. 11. Wage in Hours Law Compliance: The Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and any other laws affecting its employees, if any, and the rules and regulations issued thereunder insofar as applicable to its employees and shall at all times indemnify, defend and save the City free, clear and harmless, from and against any and all actions, claims, demands, expenses arising out of the Act or laws and rules and regulations that are or may be promulgated in conjunction herewith. January 16, 2024 E - 131 3 12. Equal Employment Opportunity: The parties shall conduct their business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, sexual orientation, genetic information, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 13. Amendment to Contract: The City and/or Contractor may, from time to time, require changes in the scope of the service to be performed hereunder. Such changes, including increase or decrease in the amount of compensation, which are mutually agreed upon by the City and the Contractor, shall be incorporated in written amendment to this Contract. No amendment to this Contract shall be binding or enforceable unless it is made in writing and executed by a duly authorized representative of each party. 14. Applicable Law/Venue: This Contract shall be governed by, and construed in accordance with, the laws of the State of Washington. Venue for any claims that may arise under this Contract shall be with the Clallam County. 15. Entire Agreement: The parties agree that this Contract is a complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. January 16, 2024 E - 132 4 IN WITNESS WHEREOF, the City and the Contractor have executed this Contract as of the date first above written. CONTRACTOR: Clallam County Mineral and Gem Association Show Manager PO Box 338 Sequim, WA 98382 BY: ____________________________ Kelly Hagood, Show Manager Date:____________________________ CITY OF PORT ANGELES 321 E. 5th Street Port Angeles, WA 93862 BY: ________________________________ Nathan West, City Manager Date:________________________________ APPROVED AS TO FORM: ________________________________ William E. Bloor, City Attorney ATTEST: ___________________________________ Kari Martinez Bailey, City Clerk January 16, 2024 E - 133 Date: January 16, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Grant Authority to the Director of Public Works and Utilities for Cardboard Disposal Background / Analysis: The City currently disposes of cardboard by transporting it to Seattle, WA for recycling. This process incurs transportation costs of an estimated $225,000 annually or $2,300 per load. The City ships approximately three loads per week of cardboard for recycling that average eight tons per load and receives an $87 per ton rebate which helps to offset transportation costs. However, it is estimated that with this rebate there is still a net loss to the city of approximately $1,600.00 per load. At the January 9, 2024 Utility Advisory Committee the committee received a presentation regarding this item. A motion was presented by Member Dexter seconded by Member Miller to recommend to the City Council the proposed changes to Section 13.54.155 of the Port Angeles Municipal Code as presented, the motion passed unanimously. Staff seeks City Council approval authorizing the Director of Public Works and Utilities the discretion to dispose of cardboard waste at local / regional facilities, to allow the City to reduce the cost of product transportation and disposal while fostering environmentally sound practices. This approach will also align with the Strategic Plan issue of critical importance #4 – High Performing Relationships by supporting local businesses who utilize these types of recyclables. Funding Overview: There is no direct funding obligation associated with this action. Summary: The purpose of this memo is to receive City Council approval to grant the Director of Public Works and Utilities the authority to dispose of recycled cardboard waste for environmentally sound beneficial use by regional facilities. This will curb transportation costs assessed for the current disposal site in Seattle, WA. Eliminating these semi-tractor loads to the Seattle area will save costs to the Solid Waste utility while also acting in an environmentally stewardship model by eliminating truck generated emissions associated with these trips. Funding: There is no direct funding obligation associated with this action, however it is anticipated this change will provide a cost savings to the Solid Waste fund. Recommendation: Conduct the first reading of the draft ordinance amending Chapter 13.54 of the Port Angeles Municipal Code by adding a section relating to cardboard waste disposal. January 16, 2024 G - 1 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 13.54 of the Port Angeles Municipal Code by adding a section relating to cardboard waste disposal. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 13.54 of the Port Angeles Municipal Code relating to cardboard waste disposal are hereby amended by adding a section of Chapter 13.54 as follows: 13.54.155 Cardboard Waste Disposal. The Director is authorized to negotiate, approve, and enter into contracts and agreements, on such terms and conditions that are in the best interest of the solid waste utility, with responsible third party entities who agree take from the city recyclable materials and legally and environmentally dispose of them. . . . . 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. January 16, 2024 G - 2 2 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ____ day of February, 2022. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk PUBLISHED: ___________________ By Summary January 16, 2024 G - 3 Date: January 16, 2024 To: City Council From: Brian S. Smith, Police Chief Subject: Fees for Police Department Body Worn Camera Records Processing Background / Analysis: The Washington Public Records Act (RCW 42.56.240(14)(e)) allows an agency to charge a requester reasonable costs to redact, alter, distort, pixelate, suppress, or otherwise obscure any portion of body worn camera recording for disclosure to those who do not fall into the below categories for exemption: •A person directly involved in the incident recorded by the requested body worn camera recording; •An attorney representing a person directly involved in an incent recorded by the requested body worn camera recording; •A person or their attorney who requests a body worn camera recording relevant to a criminal case involving that person; •The executive director from the Washington State Commission on African-American Affairs, Asian Pacific American Affairs or Hispanic Affairs; •If relevant to a cause of action, an attorney who represents a person regarding a potential or existing civil cause of action involving the denial of civil rights under the federal or state constitution, or a violation of a United States department of justice settlement. The Police Department proposes charging non-exempt requesters for the length of time spent performing body worn camera redactions. The fee is based on the salary and benefits of the employee s who will be performing body worn camera recording redactions and Adobe Premiere Pro redaction software costs at a rate of $0.70 per minute. Funding; The body worn camera program is new to the Police Department. There is no additional funding in the 2024 budget to account for the additional workload and staff time required for processing. The proposed fee would offset the cost to perform this service. Summary: The Port Angeles Police Department is in the final phase before full roll out of body worn cameras that will be utilized by all commissioned staff. During this phase a cadre of our staff are using various body worn camera systems in the field and on real incidents. We have received public records requests for some of this footage and currently have no mechanism to charge reasonable costs for staff time associated with redaction and the application of certain redactions as required by the RCW. In one instance 2 hours of body worn footage took staff 27 hours to process. Funding: The Port Angeles Police Department currently has no mechanism to charge a reasonable fee to non-exempt persons for the time spent processing body worn camera public records requests. The proposed fee would offset the cost to perform this service. Recommendation: Pass the resolution. January 16, 2024 H - 1 Exhibit A RESOLUTION NO. ----- A RESOLUTION of the City of Port Angeles, Washington relating to fees for services; and establishing an effective date. WHEREAS, Port Angeles Municipal Code (PAMC) section 1.25.010 states that except when otherwise stated, any fee or charge due or referenced in the PAMC will be set forth in the City's fee schedule; and WHEREAS, it is in the best interest of City government to periodically update and revise its permitting fees; and WHEREAS, the attached fee schedule, Exhibit A, clarifies fees; and WHEREAS, on September 5, 2023 the City Council of the City of Port Angeles, Washington, adopted the City of Port Angeles Master Fee Schedule (the Master Fee Schedule); WHEREAS, on November 8, 2023, the City Council of the City of Port Angeles approved Ordinance 3723 adopting new permit, fire and cemetery fees, updating the Master Fee Schedule, creating reporting requirements and revising section 1.25.010 of the Port Angeles Municipal Code. This legislation will become effective on January 1, 2024; WHEREAS, the new Police Department body worn camera program will result in new public records requests that will involve additional and significant staff workload that necessitates the recovery of reasonable fees as authorized in the Revised Code of Washington. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that: 1.The Master Fee Schedule is hereby amended by adding to it the Police Department Fees shown in the attached Exhibit B. 2.The Police Department Fees shall be effective immediately. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of 2024. 1 January 16, 2024 H - 2 Kate Dexter, Mayor APPROVED AS TO FORM: William E. Bloor, City Attorney ATTEST: Kari Martinez-Bailey, City Clerk January 16, 2024 H - 3 Exhibit B CITY OF PORT ANGELES January 16, 2024 H - 4 Police Department Fees1 Description 2024 Fee Transfer of Firearm No Charge Bicycle License No Charge Concealed weapon permit2 •Original Permit $36.00 •Plus, FBI Charge $16.50 •Renewal $32.00 •Late Renewal $42.00 •Replacement Fee $10.00 Fingerprints $25.00 Lamination $2.00 Police Services - Regular $80.00/hour Police Reserve Details $40.00/hour Record Check3 No Charge Body Worn Camera Redaction Non-Involved Parties $0.70 per minute 1 Fees are waived if total charge would be less than $5.00. 2 State allows no grace period for concealed weapons permits. 3 PAPD adult conviction data only. January 16, 2024 H - 5 Date: January 16, 2024 To: City Council From: William Bloor, City Attorney Subject: Options for Amending Short-term Rental Enforcement Activity Background / Analysis: As of this date, the only action taken by the City with regard to STR operators is to accept complaints from citizens about the possible operation of STRs in locations or other circumstances that violate the City’s current codes; and in response to those complaints, informational letters have been sent to operators who are alleged to be operating STRs in violation of the City’s current codes. The letters advise the operator that the City received a complaint alleging the operation of an STR in violation of City codes and providing information that explains the current regulations. No other action has been taken. There has been no investigation to determine whether probable cause exists to believe any operation that was subject to a complaint violates City codes; no Notices of Violation have been prepared; and for several diverse reasons, no Notices are contemplated at this time. Initially, it might appear the Council could suspend enforcement against violations of the City’s current STR regulations simply by adopting a motion, but that is not true. Such a motion would not be a valid or legitimate use of the Council legislative authority. The current STR regulations are validly enacted ordinances. As such, they are The Law within the City limits. They are binding on citizens, City employees, and Council alike. A Law can be repealed, amended or suspended, but Council cannot suspend enforcement. The Council has other procedures available to it to achieve essentially the same result. The council could pass a new ordinance at a future meeting that either amends or eliminates the current enforcement processes relating to STRs. The procedure to adopt an ordinance, of course, is more involved than the procedure to pass a motion, but that is possible. Summary: The minutes of the January 2 Council meeting, record the following action: Late Items To Be Placed On This Or Future Agendas Council member Meyer asked the Mayor to consider adding an agenda item for Council to discuss halting enforcement of non-compliant short-term rentals. After hearing a majority of Council would support the item, Mayor Dexter added the matter to the January 16 meeting agenda. The purpose of this memo is to provide background information for the Council’s discussion of the proposal to halt enforcement of non-compliant short-term rentals. Funding: N/A Recommendation: Staff makes no recommendations about what action, if any, Council should take. January 16, 2024 I - 1 Though not recommended by staff, apart from an ordinance to amend or eliminate current enforcement authority, the Council could adopt a moratorium on enforcement proceedings. As most of you will remember, the procedure for adopting a moratorium is more involved than that for adopting other ordinances, usually requires a public hearing, and the moratorium is limited to six months duration, but can be extended if additional procedures are followed. This memo is limited in scope to the legislative authority available to Council. This memo is not intended to comment on potential benefits, or lack thereof, or the wisdom of any particular course of action. Also, in this memo, I intend no comment about what substantive provisions might be included in any ordinance the Council may consider adopting. Those details would have to be specified by Council if and when it decides to take action on the proposed action to suspend enforcement action on STRs that violate current City codes. Finally, staff makes no recommendations about what action, if any, Council should take. Funding: N/A January 16, 2024 I - 2 Date: January 16, 2024 To: City Council From: Nathan A. West, City Manager Subject: 2024 Legislative Priorities Background / Analysis: Each year, the City Council establishes legislative priorities which are utilized to inform State and Federal legislators of issues important to the City. In anticipation of the 2024 State Legislative Session, staff presented a memorandum to Council with legislative suggestions on November 21, 2023. During the meeting, each Council member shared their individual priorities. Of the many issues and topics discussed, the most recurrent or shared priorities included increased capacity of the Port Angeles Fire Department, an adequate and non-regressive tax structure, and additional support for public safety efforts. In addition, multiple Council members supported investments in infrastructure and transportation; endorsement of the legislative agendas of the Association of Washington Cities and Washington Low Income Housing Alliance; retention of local sales tax revenues; and finally, support for the priorities of the Peninsula Housing Authority. The attached Legislative Priorities document reflects the top priorities as discussed by Council on November 21st. The AWC Legislative Agenda has also been attached to this memorandum. Staff are recommending Council consider the Legislative Priorities document, vote on any changes, and adopt the final list for presentation to legislators during scheduled meetings on January 24th and January 25th, and the City Action Days event in February. Funding Overview: N/A Summary: Each year in anticipation of the upcoming State Legislative Session, City Council and staff review and update the City’s Legislative Priorities. City Council had an initial discussion on legislative priorities on November 21, 2023. Staff have since worked to update the City’s state legislative priorities in order to bring a draft to be considered by Council at tonight’s meeting. Staff are recommending Council consider the 2024 Legislative Priorities document, vote on any changes, and adopt the final list for presentation to legislators during scheduled meetings on January 24th and January 25th and the City Action Days event in February. Funding: N/A Recommendation: 1.) Discuss the proposed 2024 Legislative Priorities as presented by staff. 2.) Approve the 2024 Legislative Priorities. January 16, 2024 I - 3 Attachment: 2024 Legislative Priorities – Matrix from the November 21st Council Meeting 2024 Draft Legislative Briefing Paper 2024 AWC Legislative Agenda January 16, 2024 I - 4 1 4 4 1 2 1 2 3 3 1 1 4 1 4 1 2 1 0 1 2 3 4 5 6 7 Washington Low Income Housing Alliance Legislative Agenda Public Safety / EOC / OPNET Protection of Elwha Water Supply Local Housing Priorities / Housing Crisis / Housing Authority Lobbyist to Prepare for Budget Year Keep Sales Tax in PA Infrastructure/Transportation Fire Department - Increased Capacity Election Reform - Council Member Position Numbers Correction to the McClury Decision (Support Funding for PASD) AWC Legislative Agenda Arbitrary Property Tax Cap from 1 to 3% Adequate and Non-Regressive Tax Structure Council Member Support for Issues and TopicsIssues and Topics Discussed2024 Legislative Priorities Preliminary Discussion Results Expressed Lower Priority Expressed Priority Expressed Higher Priority January 16, 2024 I - 5 DRAFTInvest in Local Fire and Safety Personnel Adequate and Non-Regressive Tax Structure Expand Efforts to Address the Opioid Crisis We Also Support: CITY OF PORT ANGELESCITY OF PORT ANGELES 2024 KEY PRIORITIES2024 KEY PRIORITIES Provide resources to bolster the recruitment and retention of Port Angeles fire and safety personnel. Despite a higher call volume than surrounding jurisdictions, limited resources strain our ability to retain skilled professionals. Additional funding tools are critically needed to fortify our City’s emergency response, including House Bills #1380, #1446, and #1633. Allow city councils the option to impose a three-tenths of 1% public safety sales tax. Revenues generated can be spent on activities that substantially assist in fire protection or the criminal justice system. Build a more just and equitable tax code for the state. All Washingtonians should have the freedom to provide for our families, contribute to our communities, and have enough left over to make meaningful choices about our lives. Unfortunately, our lowest-income residents pay the highest share of their income in taxes, while the wealthiest pay the least. Establishing a non-regressive tax structure will ensure fairness and promote economic equality, while still generating sufficient revenues for our schools, healthcare, and the social services we share. Provide funding to strengthen the effectiveness of multijurisdictional drug task forces. Increased funding, in addition to the Governor’s Proposed 2024 Supplemental Budget, is crucial for supporting local task forces, who play a key role in addressing illegal opioid distribution in our community. In 2025, the City will seek $11.2M for the design and construction of the US 101/ SR 117 Truck Route Interchange. The current interchange restricts movement from the Port Angeles Harbor to locations heading east. This project improves safety and freight mobility by adding new ramps and optimizing channelization to facilitate freight travel in all traffic directions without conflict or use of our city’s downtown corridor. Unanimously Adopted by City Council, January 00, 2024 Funds for preservation and acquisition of low-income housing, specifically for those at risk of losing affordability and conversion of existing privately-owned properties to low-income housing. Fund the Housing Trust Fund with a $400M competitive allocation as part of the 2024 supplemental capital budget. Creation of a REET III option for cities and counties to raise revenue for local projects through real estate excise tax. Contact: Nathan A. West, City Manager 321 East 5th Street, Port Angeles WA 98362 (360) 417-4500 | nwest@cityofpa.us | www.cityofpa.us Planning for Next Year: Local Housing Priorities: Provision of sustainable base program funding for regional transportation planning organizations. Retention of local sales tax revenues to allow our City to better address needs specific to our community without increasing the overall tax rate. The legislative agendas of the Washington Low Income Housing Alliance and the Association of Washington Cities. January 16, 2024 I - 6 Help recruit and retain police officers for public safety Provide additional funding tools and resources for officer recruitment and retention to improve public safety. This includes updating the existing local option Public Safety Sales Tax to allow implementation by councilmanic authority and greater flexibility for using the funds to cover increased officer wages and related programs like behavioral health co- response teams. Expand access to state-mandated training. In particular, continue increasing the number of classes for the Basic Law Enforcement Academy (BLEA) and expanding the new regional academies. Getting new officers on the street faster supports recruitment and retention, thus improving public safety outcomes in our communities. Revise the arbitrary property tax cap Revise the arbitrary 1% property tax cap that has been in place for more than 20 years. Tie the tax to inflation and population growth factors with a new cap not to exceed 3%. This allows local elected officials to adjust the local property tax rate to better serve our communities and keep up with the costs of providing basic services like police, fire, streets, and valued community amenities like parks. The current 1% cap has created a structural deficit in cities’ revenue and expenditure model, causing reliance on regressive revenues and artificially restricting the ability of property taxes to fund critical community needs. Continue investing in infrastructure Continue strong state investments in infrastructure funding to support operations and maintenance of traditional and non-traditional infrastructure like drinking water, wastewater, and broadband. Expand funding options that support state and local transportation needs with emphasis on preservation and maintenance to prevent expensive replacement and repairs. Improve access to Climate Commitment Act funding, including direct distributions, for city priorities that support carbon reduction and climate resiliency. Provide behavioral health resources Create greater access to behavioral health services to include substance use disorder treatment and dual diagnosis treatment facilities. Support continued state funding for cities to help communities establish alternative response programs like co-responder programs, diversion programs, and others that provide options beyond law enforcement to assist individuals experiencing behavioral health challenges. 2024 Candice Bock Government Relations Director candiceb@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Strong cities make a great state. Cities are home to 65% of Washington’s residents, drive the state’s economy, and provide the most accessible form of government. Cities’ success depends on adequate resources and local decision-making authority to best meet the needs of our residents. AWC’s advocacy is guided by these core principles from our Statement of Policy: • Local decision-making authority • Fiscal flexibility and sustainability • Equal standing for cities • Diversity, equity, and inclusion • Strong Washington state partnerships • Nonpartisan analysis and decision-making City Legislative Priorities Copyright © 2023 by Association of Washington Cities, Inc. All rights reserved. | 09/26/23 Washington’s 281 cities ask the Legislature to partner with us and act on the following priorities: January 16, 2024 I - 7 Date: January 16, 2024 To: City Council From: Nathan A. West, City Manager Subject: Lincoln School Redevelopment Opportunities Background / Analysis: For the past seven years the City of Port Angeles has been diligently working to develop a toolbox of housing incentives to inspire and encourage multi-family housing development in Port Angeles. This effort has included passage of the Multi-Family Tax Exemption (MFTE) program and major code changes such as Fee Waivers and increased Accessory Dwelling Unit (ADU) allowances that have been trend setting for Washington State. As part of the City’s expanding efforts to support new multi-family developments the City should now more directly pursue advancing the construction and development of new units in Port Angeles. To this end, the Housing Pipeline Pilot Project was created and introduced to the Capital Facilities Plan to develop options to enable a pipeline of new affordable/multi-family housing units. City staff is working diligently to identify partnerships and opportunities for the capital development of new multi-family development in Port Angeles. The overall goal will be to improve multi-family housing market outcomes and overcome the housing unit gap in the City's Housing Action Plan. The project will begin with an independent consultant study that evaluates alternatives for a path to developing new multi-family units and could evolve into a City capital project(s) and/or public-private partnerships, as well as action-oriented relationships with local housing providers. Staff is recommending that Council authorize the City Manager to submit a proposal to the North Olympic History Center for a formal due diligence review of multi-family redevelopment opportunities of the former Lincoln Elementary School building at 926 W. 8th Street. Funding Overview: $50,000 has been budgeted in the 2024-2029 Capital Facilities Plan. Summary: Housing is a top priority for the City of Port Angeles. The City has made huge strides forward with recent innovative initiatives. The City is now proposing to further expand its effort on the need for additional multi-family development. Funding: $50,000 has been budgeted in the 2024-2029 Capital Facilities Plan. Recommendation: 1) Authorize the City Manager to submit a proposal to the North Olympic History Center for a formal due diligence review of multi-family redevelopment opportunities of the former Lincoln Elementary School building at 926 W. 8th Street and 2) authorize the City Manager to secure an independent consultant to evaluate redevelopment options. January 16, 2024 I - 8 Date: January 16, 2024 To: City Council From: Nathan A. West, City Manager Subject: Cost/Benefit Analysis of City Property Ownership Background / Analysis: During the December 19, 2023 meeting, Council considered adding a discussion regarding City owned properties to a future agenda. After seeking input from Council and hearing no objection, the Mayor added the item to the January 16 agenda for discussion. Council member Suggs originally requested the matter to come before Council. Council member Suggs wished to hear more about City owned properties, specifically properties where the City is the landlord, using the Old Fire Hall located at 215 S. Lincoln as an example of a City owned property, under a landlord/tenant relationship. Suggs further clarified interest in City owned property that may not currently be used for a governmental essential service. A suggestion by the Mayor was made that the matter be continued for a larger discussion during strategic planning, however, to better understand the item the Mayor added it to the January 16 meeting for discussion. Funding Overview: Costs associated with this item will be determined after Council action is taken. Summary: During the December 19, 2023 meeting, Council held a discussion regarding a potential late or future agenda item on City owned properties. After seeking input from Council and hearing no objection, the Mayor added the item to the January 16th agenda for discussion. Funding: Costs associated with this item will be determined after Council action is taken. Recommendation: Council discussion. January 16, 2024 I - 9 Date: January 16, 2024 To: City Council From: Kari Martinez-Bailey, City Clerk Subject: City Council Assignments for 2024-2025 Background / Analysis: As members of the Port Angeles City Council, you not only dedicate time to your duties as Council members, you are also asked to serve on a variety of internal and external boards, committees, and commissions. Based on feedback from Council members, the Mayor has drafted an assignment list which is being presented to the Council for consideration. Appointments to these committees are typically for two years. Committee assignments are made by the Council as a body, except for the Utility Advisory Committee, (UAC). By ordinance, the Mayor is given the authority to appoint three Council members to serve on the UAC. Most committees have been assigned an alternate representative. While alternates typically won’t need to attend regular committee meetings, they do serve an important role in ensuring that the City is represented when the assigned Council member(s) cannot attend. If you cannot attend a meeting, please contact your alternate directly to arrange for them to attend in your absence. Staff serves as alternate on a few committees, including as the main alternate for the Olympic Peninsula Tourism Commission. By statute, only one Council member is assigned to the Lodging Tax Advisory Committee (LTAC), therefore there is no alternate assigned to the LTAC. During the preliminary discussion on these assignments on December 19, 2023 some Council members suggested interest in Council assignments to advisory boards and commissions. As noted during that meeting the sections of the Port Angeles Municipal Code related to Advisory Boards and Commissions is a priority change as part of the City’s Code re-envisioning process and is currently being drafted by Madrona Law Group. The current schedule estimates that code related to these sections will be presented to Council in March of this year. Madrona will be reviewing alternatives discussed during the December meeting as part of their work product. It’s important to note that the Council Reports section of the meeting agenda is intended to be a time when Council members can update the full body on their committee assignments. Summary: Council members are asked to serve on a variety of internal and external boards, committees, and commissions. Some assignments are either required by State statute or by the organization’s bylaws. Every two years City Council reviews the current assignments for possible alteration in assignment. The Mayor works with Council members to determine each member’s interest in serving on these various committees, and then presents a draft assignment list to the full Council for its consideration. Funding: N/A Recommendation: 1) Council discussion. 2) Adjust assignments if needed. 3) Approve committee assignments for 2024-2025, as presented. January 16, 2024 I - 10 The Clerk’s Office will send correspondence to each committee, notifying them as to their Council representative(s). City advisory committees will be in touch with Council members about onboarding. Funding Overview: N/A Attachment: City Council Assignment List. January 16, 2024 I - 11 Alternate representatives are assigned to most committees. If you cannot attend, please contact your alternate directly. Committee, Board or Commission City Council Assignments DRAFT MEMBERS Mayor Dexter Deputy Mayor Carr Miller Meyer Schwab Schromen -Wawrin Suggs Aligned Response and Care (ARC) Team Meetings to be determined /Monthly/ City Hall 1 Current Rep City Wellness Committee -Meets as needed, usually during the hours of 9 a.m. to 5 p.m. / City Hall 1 NEW REP Clallam Co. Board of Health - 3rd Tuesday of Month / C.C.C.B.R.** No rep needed this year Clallam Transit - Meets 3rd Wednesday of each month at 10:00 am / Rotating locations 2 Current Alt. Current Rep Current Rep Disability Board - 3rd Tues of month / 9am at County Mayor Current Rep Economic Development Council – Meets quarterly / Skills Center Staff Feiro Marine Life Center –3rd Wednesday / 5:30 p.m. / Feiro 1 Current Rep NEW ALT Fireman's Pension Board -Meets once a year / City Hall Mayor Current Rep Current Alt. Homelessness Task Force Meets 1st Tuesday of month 2:30-4:00 pm / C.C.C.B.R.** 1 Current Rep Current Alt. Housing Solutions Meets 1st Friday of month 9am / C.C.C.B.R.** Staff Lauridsen Trust - Meets 3rd Thurs of month / 11am F.U.M.C* Mayor Current Rep Law and Justice - Meets as needed 1 Current Rep Lodging Tax Advisory Committee - Meets as needed / City Hall 1 Current Rep Marine Resource Committee - Meets 3rd Monday / 5:30pm Courthouse 1 Current Alt. Current Rep January 16, 2024 I - 12 Alternate representatives are assigned to most committees. If you cannot attend, please contact your alternate directly. * F.U.M.C. - First United Methodist Church ** C.C.C.B.R. - Clallam County Commissioner's Board Room Committee, Board or Commission City Council Assignments DRAFT MEMBERS Mayor Dexter Deputy Mayor Carr Miller Meyer Schwab Schromen- Wawrin Suggs **NEW**North Olympic Peninsula Recompete Coalition(NOPRC) Meets Weekly / C.C.C.B.R.** NEW REP North Olympic Peninsula Resource Conservation & Development Council - Meets 4th Thursday / Location varies 1 Current Rep Current Alt. Olympic Peninsula Tourism Commission – Meets first Thursday / Location varies 1 Council/ 1 staff NEW REP Peninsula Area Public Access -Meets 2nd Tuesday 1 NEW REP Peninsula Regional Transportation Planning Organization Meets 3rd Friday of every other month 10am, location varies 1 Current Alt. Current Rep Port Angeles Forward - Meets quarterly / 7:30 am / City Hall- Has not met since 2019 2 Port Angeles Regional Chamber of Commerce Meets 3rd Thursday/8 am/location varies 1 Current Alt. Current Rep Solid Waste Advisory Committee - Meets 3rd Thursday of odd months / 3pm / C.C.C.B.R.** 1 NEW REP Current Alt. Strait Ecosystem Recovery Network (LIO) - Meets quarterly / Red Cedar Hall in Blyn 1 Current Rep NEW ALT Volunteer Fireman's Pension Board - Meets once a year / City Hall Mayor + 1 Current Rep Current Alt. Utility Advisory Committee - Meets 2nd Tuesday of month / 3pm / City Hall 3 Current Rep Current Rep Current Rep Current Alt. William Shore Memorial Pool District - 4th Tuesday / 3pm / C.C.C.B.R.**2 NEW REP Current Alt. Current Rep January 16, 2024 I - 13 1 Date: January 16, 2024 From: Mike Healy, Director of Public Works & Utilities Derrell Sharp, Fire Chief Subject: Vehicle Purchase – Replacement of Fire Department Medic Unit #7201 Background / Analysis: The Fire Department Medic Unit #7201 is 16 years old with over 13,200 hours of use. This is one of three ambulance medic units the Fire Department relies on to provide transportation of patients to definitive care. It is necessary to replace this vehicle to ensure continued service delivery, as it has reached the end of its useful service life. Unit #7201 will be replaced by a 2024 Ford F450 4x4 chassis with a 6.7 liter diesel engine which like all diesel powered vehicles in the City will utilize a Bio-Diesel fuel. As part of Braun NWs Refurbishment Program, the module will receive a complete overhaul which includes removal from old unit, strip all interior parts, and sand blast and repair entire unit inside and outside; installation of new decals, wiring, switches, lighting, fuse panel, door latches, hardware, interior floor and headliner, bench upholstery, and installation of new chassis. The request to expedite this replacement are twofold: 1.The current unit has suffered several out of service failures in the past several months, including a nearly three-week period in July of 2023. Summary: Fire Department #7201, a 2006 Ford E450 Med Unit, is recommended for replacement in 2024, as it has reached the end of its useful service life. This vehicle is one of three transport units in the Fire Department which is relied upon to provide transportation of patients to definitive care. Through the City’s membership with the Houston-Galveston Cooperative (HGAC) , participating vendor Braun NW of Chehalis, WA was chosen from the cooperative vendors, Contract No. AM 10-20. Funding: This vehicle replacement is identified in the 2024 budget (501-7630-594-6410) through the approved 2024-2029 Equipment Services Capital Facilities Plan in the amount of $230,000. A budget amendment in the amount of $27,392.30 is required for the purchase of this vehicle. Recommendation: 1.Accept the bid from Braun NW of Chehalis, WA, to sell to the City a new 2024 Ford F450 4x4 chassis with a 6.7 diesel engine for a not to exceed amount of $257,392.30, including tax and accessories; and 2.Authorize the City Manager to approve and execute an agreement to purchase a new Fire Department Medic Unit using the bid supplied by Braun NW of Chehalis, WA, and authorize the City Manager to make minor modifications to the purchase contract if necessary; and 3.Authorize the City Manager to surplus vehicle #7201, and to dispose of that vehicle in a commercially reasonable manner upon addition of the new vehicle to the City fleet. January 16, 2024 J - 1 2.With Council’s assistance, the City was able to secure an order for a new 2024 Ford F450 4x4 chassis in July of 2023 from Braun NW. That chassis has now arrived at Braun NW and is awaiting Council’s approval to sign an agreement and begin the project. On January 1, 2024 Braun NW instituted an across the board price increase. They have agreed to wait until Feb. 1, 2024 to implement that increase on this order. This vehicle will utilize bio-diesel fuel. Funding Overview: The 2024 budget (501-7630-594-6410) includes $230,000.00 for the purchase and refurbishment of a new Fire Department Medic Unit. The total cost of this replacement is $257,392.30 including applicable tax and accessories. This replacement will require a budget amendment of $27,392.30. Pricing from the HGAC Cooperative contract is summarized below: New Vehicle Type Vehicle Budget HGAC Bid Accessories Replacing Vehicle 2024 Ford F450 4x4 Medic Unit $230,000.00 $247,392.30 $10,000.00 #7201, 2006 Ford E450 Medic Unit Total Cost $257,392.30 January 16, 2024 J - 2 Date: January 16, 2024 To: Mayor Dexter, Deputy Mayor Carr, Councilmember Meyer, Councilmember Miller, Councilmember Schromen-Wawrin, Councilmember Schwab, Councilmember Suggs From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts - December OCTOBER 2023 NOVEMBER 2023 DECEMBER 2023 AMOUNT CHANGE % CHANGE NOV - DEC Number of Customers Past Due 1,539 1,686 1,458 (228) -13.52% Number of Disconnections for Non-payment - - - - N/A 60 days past due amount 106,297.82 199,393.27 214,136.94 14,743.67 7.39% 90 days past due amount 116,165.81 110,751.64 106,178.91 (4,572.73) -4.13% 120 days past due amount 981,268.56 971,371.40 755,817.40 (215,554.00) -22.19% Total amount past due 1,203,732.19 1,281,516.31 1,076,133.25 (205,383.06) -16.03% Total Additional Payment Plan Agreements 26 32 23 (9) -28.13% CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS NOVEMBER - DECEMBER 2023 -25.0% -20.0% -15.0% -10.0% -5.0% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 60 days past due amount 90 days past due amount 120 days past due amount Total amount past due NOVEMBER -DECEMBER 2023 PAST DUE AMOUNTS OCTOBER 2023 NOVEMBER 2023 DECEMBER 2023 % CHANGE NOV - DEC January 16, 2024 L - 1 2023 Year End Building Report JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Year to Date Total 0 0 0 0 1 0 0 0 0 0 0 0 1 $0.00 $0.00 $0.00 $0.00 $210,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $210,000 6 6 4 9 7 6 11 7 9 13 7 7 92 $104,422.00 $1,056,500.00 $44,300.00 $324,207.00 $175,164.00 $95,848.00 $515,652.00 $187,474.00 $205,546.00 $315,441.00 $1,765,744.00 $244,872.00 $5,035,170 0 0 0 0 0 0 0 0 0 1 0 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $42,000.00 $0.00 $0.00 $42,000 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 2 1 1 0 1 0 1 0 0 0 1 0 7 $183,500.00 $4,500.00 $5,000.00 $0.00 $60,000.00 $0.00 $797,973.00 $0.00 $0.00 $0.00 $4,630.00 $0.00 $1,055,603 0 0 2 0 0 0 3 1 0 0 0 0 6 $0.00 $0.00 $120,000.00 $0.00 $0.00 $0.00 $3,000,000.00 $175,000.00 $0.00 $0.00 $0.00 $0.00 $3,295,000 0 0 0 0 0 0 1 1 0 0 0 0 2 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $48,500.00 $85,000.00 $0.00 $0.00 $0.00 $0.00 $133,500 3 7 1 2 6 0 0 1 1 2 1 24 $246,064.00 $441,604.00 $2,031,136.00 $137,382.00 $664,000.00 $1,231,498.00 $0.00 $0.00 $159,362.00 $50,000.00 $474,000.00 $232,700.00 $5,667,746 0 0 2 0 2 2 0 0 2 2 3 1 14 $0.00 $0.00 $80,000.00 $0.00 $83,000.00 $140,000.00 $0.00 $0.00 $112,064.00 $141,860.00 $120,600.00 $120,000.00 $797,524 24 20 27 28 48 29 31 25 25 24 18 15 314 $248,853.00 $253,972.00 $716,266.00 $391,293.00 $1,053,846.00 $585,497.00 $528,018.00 $516,392.00 $570,869.00 $372,729.00 $293,119.00 $174,713.00 $5,705,567 0 1 0 2 1 0 1 1 0 1 1 0 8 $0.00 $40,000.00 $0.00 $12,001.00 $800.00 $0.00 $8,000.00 $50,000.00 $0.00 $0.00 $1,800.00 $0.00 $112,601 32 31 43 40 62 43 48 35 37 42 32 24 469 $782,839.00 $1,796,576.00 $2,996,702.00 $864,883.00 $2,246,810.00 $2,052,843.00 $4,898,143.00 $1,013,866.00 $1,047,841.00 $922,030.00 $2,659,893.00 $772,285.00 $22,054,711 0 0 1 0 0 2 0 0 1 2 1 0 7 0 0 4 0 0 0 0 2 0 0 0 0 6 1 3 7 1 2 6 0 0 1 1 2 1 24 0 0 0 0 0 0 1 1 0 0 0 0 2 0 0 0 0 0 0 27 0 0 0 0 0 27 1 3 12 1 2 8 28 3 2 3 3 1 67 1 5 2 2 4 1 2 6 3 4 0 0 30 $14,650.13 $26,442.52 $85,928.99 $14,851.28 $46,821.40 $58,855.84 $124,371.92 $23,424.32 $21,624.45 $19,611.69 $41,784.01 $16,921.03 $495,287.58 Dwelling Units - Single Family Dwelling Units-Manufactured Home Dwelling Units - Multi Family (3+) Total Dwelling Units Total Permits Issued Total Construction Valuation Dwelling Units - Duplex New Construction Repair and Alteration New Multi Family New Manufactured Home Dwelling Units - ADU Certificate of Occupancy Permit Fees Paid Comm Ind Public Res New Construction Repair and Alteration New Construction New Single Family New Accessory Structure Repair and Alteration Demolition and Moving Repair and Alteration January 16, 2024 L - 2