HomeMy WebLinkAboutCC 01162024 Agenda PacketJANUARY 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 staff
have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 51 Street, Port Angeles, or
remotely via telephone or video link.
The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve
the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available
for those needing assistance. The items of business for regular Council meetings may include the following:
A. Call to Order — Regular Meeting at 6:00 p.m.
B. Roll Call, Pledge of Allegiance
Ceremonial Matters, Proclamations & Employee Recognitions
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 orderly
and timely manner. Visit https://www.cityofpa.us/Live-Virtual-Meetings to learn how to participate during public comment and or
watch the meeting live. Written public comments can be submitted to: council &cityfpa.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:Hcityofpa.webex.com/cityfpa/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 is
your turn to speak.
Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment."
During the "Public Comment" portion of the meeting, individuals may speak to agenda items, except those scheduled for a Public
Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in
an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reasonable limits
as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total
of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period.
Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 people are
signed up to speak each speaker may be allocated two (2) minutes.
Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference given to those
who wish to speak to an item on the meeting's agenda. If time remains, the presiding officer will call other individuals wishing to
speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for additional unsigned
speakers.
Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent connection
to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12
January 16, 2024 Port Angeles City Council Meeting Page 1
D. Late Items
To be placed on this or future agendas, including any executive session needed during or at the end of the meeting.
E. Consent Agenda I Approve
1. City Council Minutes of 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
AdoptionAgreement........................................................................................................................................................ 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 the
Agreementas 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
theagreement, 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 16:30 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
February6 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.......................................................................1-9
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 2
L. Information
City Manager Reports:
1. Monthly Update on Past Due Utility Accounts - December..
2. 2023 Year -End Building Report ............................................
M. Second Public Comment
Follow the instructions from the first public comment period.
Adjournment
.................................................................. L-1
.................................................................. L-2
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to
receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may
choose to seek public opinion through the public hearing process.
January 16, 2024 Port Angeles City Council Meeting Page 3
C\�v OE PORT gNC�J
Mal
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.
(�i>>Janu
Kate Dexter, Mayor
City Council Meeting
January 16, 2024
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City Council Meeting
January 16, 2024
PUBLIC COMMENT SIGN-UP SHEET
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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 Angeles 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
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 resilience,
investing in upgrades to City infrastructure, and spoke about changes from the preliminary budget.
Page 2 of 5
January 16, 2024 E - 2
PORT ANGELES CITY COUNCIL MEETING — November 21, 2023
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 3'd 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 / ])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 Source Well 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.
Page 3 of 5
January 16, 2024 E - 3
PORT ANGELES CITY COUNCIL MEETING — November 21, 2023
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 Pacific
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 the 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 I I' 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.
Page 4 of 5
January 16, 2024 E - 4
PORT ANGELES CITY COUNCIL MEETING — November 21, 2023
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
Page 5 of 5
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 Angeles 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
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 rates 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
1O.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 Recommendation
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.
Page 2 of 5
January 16, 2024 E - 7
PORT ANGELES CITY COUNCIL MEETING — December 5, 2023
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.
Page 3 of 5
January 16, 2024 E - 8
PORT ANGELES CITY COUNCIL MEETING — December 5, 2023
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 405916 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
Page 4 of 5
January 16, 2024 E - 9
PORT ANGELES CITY COUNCIL MEETING — December 5, 2023
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, May19N
Page 5 of 5
Kari Martinez -Bailey, City Clerk
January 16, 2024 E - 10
A-
W A S H I
January 16, 2024
TANGELES
N G T O N, U.S.
FINANCE
DEPARTMENT
We, the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise
and/or services herein specified have been received and that these claims are approved for payment in
the amount of $1,652,389.68 this 16th day of January 2024.
///L—
Mayor
City Manager
"Where the mountains meet the sea"
360. 4S7. 04111 finonce0city0pa.us I www.cityofpa.us
321 L Sth Street, Port Angeles, WA 98362
City of Port Angeles
or City Council Expenditure Report
Between Dec 23, 2023 and Jan 5, 2024
Vendor
Description
A/R MISCELLANEOUS REFUNDS
OVRPMT OF FD FEES
MISC DEPOSIT & PERMIT REFUNDS
SALES TAX
WA STATE PATROL
DECEMBER FINGERPRINT
WASHINGTON (DOL), STATE OF
DECEMBER CPL'S
Division Total:
Department Total:
OLYMPIC STATIONERS INC
NAME PLATE
Mayor & Council Division Total:
Legislative Department Total:
PACIFIC OFFICE EQUIPMENT INC
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
City Manager Division Total:
FEDERAL PAYROLL TAX QUARTERLY PMT
QUARTERLY PMT
Human Resources Division Total:
SOUND PUBLISHING INC
ORDINANCE 3725/3726
City Clerk Division Total:
City Manager Department Total:
OLYMPIC PRINTERS INC
Accounting Division Total:
ELAVON, INC-WIRE
3rd Party Cr Card Fees
PAYMENTUS GROUP INC
SWAIN'S GENERAL STORE INC
Customer Service Division Total:
Finance Department Total:
CLALLAM CNTY COMMISSIONER'S
OFFICE
Jail Contributions Division Total:
LEXISNEXIS
City Attorney Division Total:
City Attorney Department Total:
Page 1 of 11
January 16, 2024
PAPER (OFFICE,PRINT SHOP)
3rd Party Cr Card Fees
TRANSACTION FEES
TRANSACTION FEES
TRANSACTION FEES
FIRST AID & SAFETY EQUIP
SUPPLIES
SUPPLIES
SUBSCRIPTION
Account Number Amount
001-0000-213.10-90 1,476.52
001-0000-237.30-00 47.88
001-0000-229.50-00 278.25
001-0000-229.60-00 708.00
$2, 510.65
$2, 510.65
001-1160-511.31-01 37.54
$37.54
$37.54
001-1210-513.31-01
73.29
001-1210-513.31-01
(30.06)
001-1210-513.31-01
16.04
$59.27
001-1220-516.20-10
0.04
001-1220-516.20-10
468.00
$468.04
001-1230-514.44-10
37.60
$37.60
$564.91
001-2023-514.31-01
663.68
$663.68
001-2025-514.41-50
6,812.35
001-2025-514.41-50
(6,812.35)
001-2025-514.41-50
2,485.95
001-2025-514.41-50
399.16
001-2025-514.41-50
14,848.83
001-2025-514.31-11
54.37
$17,788.31
$18,451.99
001-3012-598.51-23 86, 755.23
001-3012-598.51-23 90,659.45
$177,414.68
001-3030-515.49-01 435.20
$435.20
$177,849.88
Jan 8, 2024 12:44:36 PM
E-11
Vendor
LEXIPOL LLC
City of Port Angeles
or City Council Expenditure Report
Between Dec 23, 2023 and Jan 5, 2024
LEXISNEXIS
WA ASSN OF SHERIFFS & POLICE
Police Administration Division Total:
KITSAP COUNTY SHERIFF'S
OFFICE
LINCOLN STREET STATION
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
VIKING SEW & VAC
Patrol Division Total:
LEIRA
PORT ANGELES POLICE
DEPARTMENT
Records Division Total:
LEGACY TELECOMMUNICATIONS,
INC
Facilities Maintenance Division Total:
Police Department Total:
A-1 PERFORMANCE, INC
Facilities Maintenance Division Total:
Fire Department Total:
MISC EMPLOYEE EXPENSE
REIMBURSEMENT
NEARMAP US INC
PACIFIC OFFICE EQUIPMENT INC
Description
HUMAN SERVICES
HUMAN SERVICES
SUBSCRIPTION
CONF REGISTRATION
2023 FALL EVOC
SHIPPING
MEDICATION -COPPER
MISCELLANEOUS SERVICES
MEMBERSHIPS
HUMAN SERVICES
CURTAINS -PROPERTY ROOM
EQUIP MAINT & REPAIR SERV
EQUIP MAINT & REPAIR SERV
CLEANING SERVICES
HOUSING REIMBURSEMENT FOR
DATA PROC SERV &SOFTWARE
BUILDING, FABRICATED
BUILDING, FABRICATED
FURNITURE, OFFICE
Public Works Admin. Division Total:
Public Works & Utilities Department Total:
AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL
SUPPLIES
Senior Center Division Total:
MISC DEPOSIT & PERMIT REFUNDS CHAPEL - GRAVESIDE SERVIC
Account Number
001-5010-521.49-01
001-5010-521.49-01
001-5010-521.49-01
001-5010-521.43-10
001-5022-521.43-10
001-5022-521.42-10
001-5022-521.49-80
001-5022-521.31-11
001-5029-521.43-10
001-5029-521.43-10
001-5029-521.31-01
001-5050-521.48-10
001-5050-521.48-10
001-6050-522.41-50
001-7010-532.41-50
001-7010-532.31-60
001-7010-532.48-10
001-7010-532.48-10
001-7010-532.31-80
001-8012-555.31-01
001-8012-555.31-01
001-8050-343.60-14
Amount
3,987.34
10, 080.72
54.40
1,150.00
$15,272.46
249.70
47.02
78.38
10.88
$385.98
50.00
150.00
17.35
$217.35
163.20
205.36
$368.56
$16,244.35
403.01
$403.01
$403.01
2,897.72
2,115.72
540.74
2,921.28
4,258.43
$12,733.89
$12,733.89
23.93
68.49
$92.42
525.00
Page 2 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 12
or
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
SMALL ENGINE REPAIR
001-8080-576.35-01
68.30
EQUIPMENT
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,
EQUIP MAINT & REPAIR SERV
001-8131-518.48-10
326.40
INC
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
CONSTRUCTION SERVICES,HEA
101-1430-557.41-50
3,327.72
CENTER FNDTN
Page 3 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 13
City of Port Angeles
or 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:
Lodging Excise Tax Department Total:
Lodging Excise Tax Fund Total:
A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER
NORTHWEST SAFETY SERVICE, SECURITY,FIRE,SAFETY SERV
LLC
PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE
TRAFFIC SAFETY SUPPLY CO EQUIP MAINT & REPAIR SERV
Street Division Total:
Public Works -Street Department Total:
Street Fund Total:
ESO SOLUTIONS MANAGEMENT SERVICES
JAMESTOWN NETWORKS DATA PROC SERV &SOFTWARE
LEGACY TELECOMMUNICATIONS, EQUIP MAINT & REPAIR SERV
INC
MCFALL, BARBARA
MISC TRAVEL
Pencom Division Total:
Pencom Department Total:
Pencom Fund Total:
HEWLETT-PACKARD COMPANY
EQUIP MAINT & REPAIR SERV
BACKGROUND CHECK
BACKGROUND CHECK
BACKGROUND CHECK
J LEMON-INTRADO PHONE SYS
COMPUTER SUPPLIES
COMPUTER SUPPLIES
Homeland Security Division Total:
Public Safety Projects Department Total:
SWAIN'S GENERAL STORE INC SIGNS, SIGN MATERIAL
Misc Parks Projects Division Total:
Capital Proj-Parks & Rec Department Total:
Capital Improvement Fund Total:
GEOENGINEERS, INC. TESTING&CALIBRATION SERVI
INTERWEST CONSTRUCTION, INC. PW CONSTRUCTION & RELATED
SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV
GF-Street Projects Division Total:
102-7230-542.41-50
102-7230-542.41-50
102-7230-542.47-10
102-7230-542.31-25
107-5160-528.49-01
107-5160-528.42-12
107-5160-528.48-10
107-5160-528.48-10
107-5160-528.41-50
107-5160-528.41-50
107-5160-528.41-50
107-5160-528.43-10
310-5950-594.65-10
310-5950-594.65-10
310-8985-594.65-10
312-7930-595.65-10
312-7930-595.65-10
312-7930-595.65-10
$24,827.72
$24,827.72
$24,827.72
151.50
96.41
21.72
1,169.00
$1,438.63
$1,438.63
$1,438.63
50, 703.66
510.00
163.20
205.36
400.00
400.00
400.00
148.00
$52,930.22
$52,930.22
$52,930.22
14.46
10,715.81
$10,730.27
$10,730.27
22.21
$22.21
$22.21
$10,752.48
727.50
167,202.28
126.40
$168,056.18
Page 4 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 14
City of Port Angeles
or City Council Expenditure Report
Between Dec 23, 2023 and Jan 5, 2024
Vendor Description
Capital Projects -Pub Wks Department Total:
Transportation Benefit Fund Total:
MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND
Division Total:
Department Total:
A-1 PERFORMANCE, INC
AMAZON CAPITAL SERVICES
AN IXTER
BORDER STATES INDUSTRIES INC
CED/CONSOLIDATED ELEC DIST
LUTZCO, INC.
MURREY'S DISPOSAL CO, INC
NEARMAP US INC
NORTHWEST SAFETY SERVICE,
LLC
PUD #1 OF CLALLAM COUNTY
SECURITY SERVICES NW, INC
SWAIN'S GENERAL STORE INC
BUILDING MAINT&REPAIR SER
MARKERS, PLAQUES,SIGNS
COMPUTER HARDWARE&PERIPHE
REPAIR KIT
PARTS
ELECTRICAL EQUIP & SUPPLY
HARDWARE,AND ALLIED ITEMS
FIRE PROTECTION EQUIP/SUP
FIRE PROTECTION EQUIP/SUP
RENTAL/LEASE EQUIPMENT
SHREDDING DEC
DATA PROC SERV &SOFTWARE
SECURITY,FIRE,SAFETY SERV
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
COMMUNICATIONS/MEDIA SERV
CLEANING COMPOSITION/SOLV
Electric Operations Division Total:
Public Works -Electric Department Total:
Electric Utility Fund Total:
FERGUSON ENTERPRISES INC PIPE FITTINGS
PLUMBING EQUIP FIXT,SUPP
Division Total:
Department Total:
AIRPORT GARDEN CENTER
CLALLAM CNTY DEPT OF HEALTH
COLUMBIA BASIN WATER WORKS,
INC.
EDGE ANALYTICAL
SEED,SOD,SOIL&INOCULANT
TESTING&CALIBRATION SERVI
ENGINEERING SERVICES
MISC PROFESSIONAL SERVICE
Account Number
401-0000-122.10-99
401-7180-533.41-50
401-7180-533.31-20
401-7180-533.31-60
401-7180-533.34-02
401-7180-533.34-02
401-7180-533.34-02
401-7180-533.35-01
401-7180-533.31-01
401-7180-533.31-01
401-7180-533.41-50
401-7180-533.47-10
401-7180-533.31-60
401-7180-533.41-50
401-7180-533.41-50
401-7180-533.49-90
401-7180-533.41-50
401-7180-533.31-01
402-0000-141.40-00
402-0000-141.40-00
402-7380-534.31-20
402-7380-534.41-50
402-7380-534.41-50
402-7380-534.41-50
Amount
$168,056.18
$168,056.18
$260.71
$260.71
334.78
112.40
59.83
380.80
1,397.29
544.50
1,082.07
483.32
186.23
269.10
487.39
1,855.28
578.45
79.46
1,649.78
750.00
21.71
$10,272.39
$10,272.39
$10,533.10
19,013.52
857.95
$19, 871.47
$19, 871.47
152.03
138.00
1,250.00
1,384.00
Page 5 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 15
City of Port Angeles
or 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
MEAL TICKET - 10" MAIN BR
402-7380-534.31-01
37.00
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
NEARMAP US INC
DATA PROC SERV &SOFTWARE
402-7380-534.31-60
1,377.50
NORTHWEST SAFETY SERVICE,
SECURITY,FIRE,SAFETY SERV
402-7380-534.41-50
96.41
LLC
NORTON CORROSION LTD
PACIFICA LAW GROUP, LLP
PUD #1 OF CLALLAM COUNTY
WASHINGTON (ECOLOGY), STATE
OF
Water Division Total:
ENGINEERING SERVICES
LEGAL SERVICES -BONDS
MISC PROFESSIONAL SERVICE
MISC PROFESSIONAL SERVICE
NORTON CORROSION LTD ENGINEERING SERVICES
PLATT ELECTRIC SUPPLY INC ELECTRONIC COMPONENTS
ELECTRICAL EQUIP & SUPPLY
Industrial Water Treatmnt Division Total:
Public Works -Water Department Total:
Water Utility Fund Total:
402-7380-534.41-50
402-7380-534.41-50
402-7380-534.47-10
402-7380-534.49-90
402-7382-534.41-50
402-7382-534.31-20
402-7382-534.31-20
AARDING THERMAL ACOUSTICS WATER SEWAGE TREATMENT EQ 403-0000-237.00-00
USA
Division Total:
Department Total:
AARDING THERMAL ACOUSTICS WATER SEWAGE TREATMENT EQ 403-7480-535.31-20
USA
AMAZON CAPITAL SERVICES
ROAD/HGWY HEAVY EQUIPMENT
ANGELES MILLWORK & LUMBER
HAND TOOLS ,POW&NON POWER
APSCO INC
WATER SEWAGE TREATMENT EQ
CUES
TELEVISION EQUIP & ACESS
FEDERAL EXPRESS CORP
SHIPPING CHARGES
SHIPPING CHARGES
NORTHWEST SAFETY SERVICE,
SECURITY,FIRE,SAFETY SERV
LLC
PACIFICA LAW GROUP, LLP
LEGAL SERVICES -BONDS
Page 6 of 11
January 16, 2024
403-7480-535.35-01
403-7480-535.31-01
403-7480-535.31-20
403-7480-535.31-01
403-7480-535.42-10
403-7480-535.42-10
403-7480-535.41-50
1,058.00
700.00
127.55
1,208.00
$11,258.06
2,285.00
476.13
15.35
$2,776.48
$14, 034.54
$33,906.01
(276.93)
($276.93)
($276.93)
3,423.93
4,400.58
47.24
2,852.18
843.35
39.87
86.85
96.40
403-7480-535.41-50 700.00
Jan 8, 2024 12:44:36 PM
E-16
City of Port Angeles
or City Council Expenditure Report
Between Dec 23, 2023 and Jan 5, 2024
Vendor Description
POLYDYNE INC WATER&SEWER TREATING CHEM
PORT ANGELES CITY TREASURER USPS Certified mail - D F
PUD #1 OF CLALLAM COUNTY BROOK AVE
Wastewater Division Total:
Public Works -Wastewater Department Total:
Wastewater Utility Fund Total:
A/R MISCELLANEOUS REFUNDS OVRPMT OF SW FEES
OVRPMT OF TFR STN FEES
OVRPMT OF TFR STN FEES
OVRPMT OF TFR STN FEES
OVRPMT OF TFR STN FEES
Division Total:
Department Total:
CLALLAM CNTY SOLID WASTE
DEPT
ENVIRONMENTAL&ECOLOGICAL
BLDG CONSTRUC. SERVICES -
CLEAN EARTH EVIRONMENTAL
PW CONSTRUCTION & RELATED
SOLUTIONS
ELAVON, INC-WIRE
TRANSACTION FEES
HI -TECH ELECTRONICS INC
COMMERCIAL FIRE ALARM
MISC EMPLOYEE EXPENSE
MEAL TICKETS - OVERTIME -
REIMBURSEMENT
PUD #1 OF CLALLAM COUNTY
BLUE MTN RD
SW - Transfer Station Division Total:
A-1 PERFORMANCE, INC
BUILDING MAINT&REPAIR SER
FASTENAL INDUSTRIAL
JANITORIAL SUPPLIES
NORTHWEST SAFETY SERVICE,
SECURITY,FIRE,SAFETY SERV
LLC
Solid Waste -Collections Division Total:
ASPECT CONSULTING, LLC
CONSULTING SERVICES
Solid Waste -Landfill Division Total:
Public Works -Solid Waste Department
Total:
Solid Waste Utility Fund Total:
NEARMAP US INC
DATA PROC SERV &SOFTWARE
NORTHWEST SAFETY SERVICE,
SECURITY, FIRE, SAFETY SERV
LLC
Stormwater Division Total:
Account Number
Amount
403-7480-535.31-05
4,661.97
403-7480-535.42-10
8.56
403-7480-535.47-10
364.26
$17,525.19
$17,525.19
$17,248.26
404-0000-213.10-90
110.29
404-0000-213.10-90
6.65
404-0000-213.10-90
10.00
404-0000-213.10-90
13.90
404-0000-213.10-90
122.21
$263.05
$263.05
404-7538-537.49-90
12, 764.00
404-7538-537.49-90
6,177.74
404-7538-537.41-50
19, 677.48
404-7538-537.41-50 5,987.05
404-7538-537.41-50 565.00
404-7538-537.31-01 55.50
404-7538-537.47-10 116.15
$45,342.92
404-7580-537.41-50 151.53
404-7580-537.31-01 37.00
404-7580-537.41-50 96.41
$284.94
404-7585-537.41-50 5,518.75
$5, 518.75
$51,146.61
$51,409.66
406-7412-538.31-60 6,000.00
406-7412-538.41-50 96.41
$6,096.41
Page 7 of 11
January 16, 2024
Jan 8, 2024 12:44:36 PM
E-17
City of Port Angeles
or City Council Expenditure Report
Between Dec 23, 2023 and Jan 5, 2024
Vendor Description
Public Works -Wastewater Department Total:
Stormwater Utility Fund Total:
GALLS
LIFE ASSIST
MISC ONE-TIME VENDORS
MISC TRAVEL
Medic I Division Total:
Fire Department Total:
Medic I Utility Fund Total:
INTEGRAL CONSULTING, INC
PKG LAW, PS
CLOTHING & APPAREL
SUPPLIES
BRAN UM/WOODS/GULLICKSON L
GULLICKSON LABS
WOODS LABS
PM SCHOOL NMETC
PA HARBOR 100123-103123
INS RECOVERY
WPAH ALLOCATION/HARBOR
Wastewater Remediation Division Total:
Public Works -Wastewater Department Total:
Harbor Clean Up Fund Total:
DAVE'S HEATING & COOLING SVC AIR CONDITIONING & HEATNG
AIR CONDITIONING & HEATNG
HARTNAGEL BUILDING SUPPLY INC BUILDER'S SUPPLIES
Conservation Division Total:
Public Works -Electric Department Total:
Conservation Fund Total:
PLATT ELECTRIC SUPPLY INC SUPPLIES
Wastewater Projects Division Total:
Public Works -Wastewater Department Total:
Wastewater Utility CIP Fund Total:
ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES
PRODUCTS. INC
O'REILLY AUTO PARTS
Division Total:
Department Total:
A-1 PERFORMANCE, INC
DAREN'S POINT S
FREIGHTLINER NORTHWEST
AUTO & TRUCK MAINT. ITEMS
BUILDING MAINT&REPAIR SER
EXTERNAL LABOR SERVICES
AUTO & TRUCK MAINT. ITEMS
Account Number
409-6025-526.20-80
409-6025-526.31-13
409-6025-526.41-50
409-6025-526.41-50
409-6025-526.41-50
409-6025-526.43-10
413-7481-535.41-50
413-7481-535.41-50
413-7481-535.41-50
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
453-7488-594.65-10
501-0000-141.20-00
501-0000-141.40-00
501-7630-548.41-50
501-7630-548.34-02
501-7630-548.34-02
Amount
$6,096.41
$6,096.41
140.35
4.32
35.00
35.00
35.00
67.86
$317.53
$317.53
$317.53
1,874.50
3,370.99
8,372.50
$13, 617.99
$13, 617.99
$13, 617.99
800.00
800.00
981.90
$2, 581.90
$2, 581.90
$2,581.90
$214.04
$214.04
$214.04
12,623.08
184.40
$12,807.48
$12,807.48
178.84
27.20
86.38
Page 8 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 18
or
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,
SECURITY,FIRE,SAFETY SERV
501-7630-548.41-50
96.41
LLC
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
Wireless Mesh Division Total:
$56.72
Finance Department Total:
$54,279.80
Information Technology Fund
Total:
$54,279.80
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
REIMBURSE MEDICARE -DEC
503-1631-517.46-35
108.00
Page 9 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 19
or
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
WLTC 4TH QTR 2023
920-0000-231.53-51
31,051.79
CARES FUND
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
PAYROLL SUMMARY
920-0000-231.50-30
200.07
TAXATION
PAYROLL SUMMARY
920-0000-231.50-30
1,110.06
Page 10 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 20
City of Port Angeles
VQ City Council Expenditure Report
,.� Between Dec 23, 2023 and Jan 5, 2024
Vendor
HAWAII DEPARTMENT OF
TAXATION
HSA BANK
LEOFF
MISSION SQUARE-P/R WIRES
OFFICE OF SUPPORT
ENFORCEMENT
PIERS
Description
PAYROLL SUMMARY
PAYROLL SUMMARY
EMPLOYEE CONTRIBUTION
PAYROLL SUMMARY
PAYROLL SUMMARY
PAYROLL DEDUCTIONS
PAYROLL SUMMARY
PAYROLL SUMMARY
PAYROLL SUMMARY
PAYROLL SUMMARY
PAYROLL SUMMARY
PAYROLL SUMMARY
UNITED WAY (PAYROLL) PAYROLL SUMMARY
Division Total:
Department Total:
Payroll Clearing Fund Total:
Total for Checks Dated Between Dec 23, 2023 and Jan 5, 2024
Account Number
920-0000-231.50-30
920-0000-231.50-30
920-0000-231.52-40
920-0000-231.53-11
920-0000-231.53-12
920-0000-231.51-21
920-0000-231.51-21
920-0000-231.52-10
920-0000-231.56-20
920-0000-231.51-10
920-0000-231.51-11
920-0000-231.51-12
920-0000-231.56-10
Amount
530.64
682.48
5,348.52
125.00
321.75
45.56
35,456.88
30,298.08
1,116.83
736.59
17,239.32
86,529.89
150.00
$486,528.88
$486,528.88
$486,528.88
$1,652,389.68
Page 11 of 11 Jan 8, 2024 12:44:36 PM
January 16, 2024 E - 21
IQ P Q K TANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
Date: January 16, 2024
To: City Council
From: Abbi Fountain, Human Resources Manager
Subject: 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.
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
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
2.
3.
4.
5.
6.
Telephone: 360-417-4510
EMPLOYER'S TAXPAYER IDENTIFICATION NUMBER: 91-6001266
ERISA PLAN NAME: City of Port Angeles
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
ERISA PLAN NUMBER
a. ✓ 501
b. ❑ Other:
PLAN ADMINISTRATOR
a. ✓ Employer (Use Employer name, address and telephone number).
b. ❑ Use name, address and telephone number below:
Name:
Address:
City
Telephone: _
State Zip
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 3613;
(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 areas
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;
(i i) 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;
(i i) 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 Pt 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
11C
❑ 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
City Manager
Date:
Joseph Berg
President, Berg Benefits, Inc.
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
iMPOR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
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
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.
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.
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
iMPOR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
Date: January 16, 2024
To: City Council
From: Mike Healy, Director of Public Works & Utilities
Subject: Washington State Department of Ecology Grant Acceptance: 16t' Street Low Impact
Development Retrofit Project (TR0715)
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 16' 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 TR0715-161h 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.
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 BioPod' Biofilters, and one hydrodynamic continuous
deflective separation unit along West 16t' 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 16t' 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).
January 16, 2024 E - 46
Table 1 — Funding
16" 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
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DEPARTMENT OF
ECOLOGY
State of Washington
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: 161h 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.
Protect 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 sal monoid-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 (GUILD for pre-treatment) for one BioPod"' Biofilter and two additional BioPodT"" 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:
Mailing Address
Physical Address
Organization Email
Contacts
City of Port Angeles
321 East 5th Street, Port Angeles, WA, 98362-0217
321 East 5th Street, Port Angeles, WA, 98362-0217
jboehme@cityofpa.us
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
Nathan West
Signatory
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
Rachel Yonemura
Manager
[Address]
[City, State Zip]
Email: ryon461@ecy.wa.gov
Phone: (360) 485-2474
Financial
Jessica Christensen
Manager
PO BOX 47600
Olympia, WA 98504-7600
Email: jchr461@ecy.wa.gov
Phone: (360) 742-1180
Technical
Doug Howie
Advisor
[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
Vincent McGowan
Water Quality
Program Manager
Date
City of Port Angeles
Nathan West Date
City 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 Exoected 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 Exoected 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 Title: Construction
Task Cost: $1,600,000
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'11 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
SRF Forgivable
[Other WQC Funding]
Total Funding Offer
Offer
Principal Loan Offer
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.
"Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match.
"Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not
eligible for ECOLOGY grant or loan funding.
"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:
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-vendorpaVee-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:
httos://facweb.census.eov/.
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/subtitlel/chapterll&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.Ini.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:
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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
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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 anytime 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.
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.
uIt•111►1[a1_7111IIs] ►
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 Payee Registration@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.
FE1►111:1 & 101119[Nl_711101011
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
expenditures) 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.
I►•L 1:[►1.1Is] ►1
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
POR-TANGELES CITY COUNCIL
WASH I N G T O N, U.S. MEMO
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)
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.
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
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
Exhibit B
2024 Port Angeles Water System Plan Update
...........................................................................--------------- ...................
Tasks 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
Task 12. Document Preparation and Reviews
12.1 Preliminary Draft
$1,936
$9,548
$1,936
$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
Total
$0
$96,055
$0
$96,055
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:
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.
By:
Printed Name: Mike Reimbold
Title: Senior Project Manager
Date:
CITY OF PORT ANGELES
By:
Printed Name: Nathan West
Title: City Manager
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
Exhibit B
2024 Port Angeles Water System Plan Update
...........................................................................--------------- ...................
Tasks 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
Task 12. Document Preparation and Reviews
12.1 Preliminary Draft
$1,936
$9,548
$1,936
$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
Total
$0
$96,055
$0
$96,055
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
iMPOR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
Date: January 16, 2024
To: City Council
From: Corey Delikat, Parks & Recreation Director
Subject: Facility Use Agreement- Port Angeles Farmer's Market
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.
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.
January 16, 2024 E - 115
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
—1—
January 16, 2024 E - 116
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).
—2—
January 16, 2024 E - 117
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
-3-
January 16, 2024 E - 118
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 ANII.
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
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 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.
—5—
January 16, 2024 E - 120
IN WITNESS WHEREOF, the City and PAFM have executed this Agreement the
date and year indicated.
CITY OF PORT ANGELES
am
Nathan West, City Manager
Date:
Attest:
Kari Martinez Bailey, City Clerk
Approved as to form:
William E. Bloor,
City Attorney
—6—
PORT ANGELES FARMERS' MARKET
PAFM Board President
Date:
January 16, 2024 E - 121
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EXHIBT "A"
PARKS & RECREATION DEPARTMENT
POLICY AND PROCEDURES
PR-0301 THE GATEWAY USAGE POLICY
1. PURPOSE:
I.I. 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.
—7—
January 16, 2024
E-122
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: 0""t
January 16, 2024 E - 123
iMPOR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
Date: January 16, 2024
To: City Council
From: Corey Delikat, Parks & Recreation Director
Subject: Facility Use Agreement — Port Angeles Community Gardens
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 5' Street (directly across from City Hall) and at Wolverton Park located at 825 West
1 I' 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.
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 5t' Street (directly across from City Hall) and at Wolverton Park located at 825
West 1 l' 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.
January 16, 2024 E - 124
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 IIth
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 5'h
Street Community Garden located at 328 E Fifth Street in Port Angeles and the IIth Street
Community Garden at Wolverton Park 825 West I Ith 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 Ilth 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
5'h Street Garden to grow vegetables specifically for the Port Angeles Food Bank as well as give
any excess or unneeded vegetables from the 1 lth Street Community Garden.
January 16, 2024 -1- E - 125
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 ANII.
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 -2- E - 126
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 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 PORT ANGELES FRIENDS OF
COMMUNITY GARDENS
By:
Nathan West
City Manager
Board President
January 16, 2024 -3- E - 127
Date:
Attest:
Karl Martinez Bailey, City Clerk
Approved as to form:
William Bloor
City Attorney
Date:
January 16, 2024 -4- E - 128
iMPOR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
Date: January 16, 2024
To: City Council
From: Corey Delikat, Parks & Recreation Director
Subject: Facility Use Agreement — Clallam County Gem and Mineral Association
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.
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.
January 16, 2024 E - 129
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 50150.
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 4t' 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.
1
January 16, 2024 E - 130
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. Authori :
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. Assi ng ability:
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
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.
3
January 16, 2024 E - 132
IN WITNESS WHEREOF, the City and the Contractor have executed this Contract as of the date
first above written.
CONTRACTOR: CITY OF PORT ANGELES
Clallam County Mineral and Gem Association 321 E. 5th Street
Show Manager Port Angeles, WA 93862
PO Box 338
Sequim, WA 98382
no
Kelly Hagood, Show Manager
Date:
APPROVED AS TO FORM:
William E. Bloor, City Attorney
I
MM
Nathan West, City Manager
Date:
ATTEST:
Kari Martinez Bailey, City Clerk
January 16, 2024 E - 133
iMPOR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
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
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.
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.
January 16, 2024 G - 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
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.
APPROVED AS TO FORM:
William E. Bloor, City Attorney
ATTEST:
Kari Martinez -Bailey, City Clerk
PUBLISHED:
By Summary
Kate Dexter, Mayor
January 16, 2024 G - 3
P-QR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
Date: January 16, 2024
To: City Council
From: Brian S. Smith, Police Chief
Subject: Fees for Police Department Body Worn Camera Records Processing
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.
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 employees 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.
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.
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
�_ .'-
M��l
Exhibit B
CITY OF PORT ANGELES
January 16, 2024 H - 4
Police Department Fees'
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.
z State allows no grace period for concealed weapons permits.
3 PAPD adult conviction data only.
January 16, 2024 H - 5
IQ P Q K TANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
Date: January 16, 2024
To: City Council
From: William Bloor, City Attorney
Subject: Options for Amending Short-term Rental Enforcement Activity
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.
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.
January 16, 2024 1 - 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 1-2
POR-T-ANGELES
W A S H I N G T O N, U.S.
Date: January 16, 2024
To: City Council
From: Nathan A. West, City Manager
Subject: 2024 Legislative Priorities
CITY COUNCIL
MEMO
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 25' 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.
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 21'. 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
January 16, 2024 1-3
Attachment:
2024 Legislative Priorities — Matrix from the November 21 st Council Meeting
2024 Draft Legislative Briefing Paper
2024 AWC Legislative Agenda
January 16, 2024 1-4
2024 Legislative Priorities Preliminary Discussion Results
Adequate and Non -Regressive Tax Structure 1 4 1
Arbitrary Property Tax Cap from 1 to 3% 1
AWC Legislative Agenda 4
Correction to the McClury Decision (Support Funding for PASD) 1
Election Reform - Council Member Position Numbers 1
Fire Department - Increased Capacity 3 2
Infrastructure/Transportation 3
Keep Sales Tax in PA 2
Lobbyist to Prepare for Budget Year 1
Local Housing Priorities / Housing Crisis / Housing Authority 2
Protection of Elwha Water Supply 1
Public Safety / EOC / OPNET 4 1
Washington Low Income Housing Alliance Legislative Agenda 4
0 1 2 3 4 5 6
Council Member Support for Issues and Topics
Expressed Lower Priority ■ Expressed Priority Expressed Higher Priority
7
January 16, 2024
1-5
CITY OF PORT ANGELES
2024 KEY PRIORITIES
Invest in Local Fire and Safety Personnel
Provide resources to bolster the recruitment and retention 04
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 emer
response, including House Bills #1380, #1446, and
Allow city councils the option to impose a three-te of
1% public safety sales tax. Revenues generated can b ent
on activities that substantially assist in fire rotection e
criminal justice system.
Adequate and Non-Regres
Build a more just and equit tax
Washingtonians should have
families, contribute to our comm
over to make meani oices a
our lowest -into th
income in to
a non-regr
economic
our schools,
Expand Efforts
Mile the w�
)x structure
, while still gen
Lcare, and the s
rF
codete. All -
J:*
e enou left. Unfortunately,
ere of theirst. Establishing
sure s and promote
ng sufficient revenues for
services we share.
pioid Crisis
Provide funding to stre effectiveness of
multijurisdictional drug orces. 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.
Contact: Nathan A. West, City Manager
321 East 5th Street, Port Angeles WA 98362
(360) 417-4500 1 nwest@cityofpa.us I www.cityofpa.us
Washington's 281 cities ask the Legislature to partner with us and act on the following priorities:
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
_ y
SonRevise 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 anew 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.
Cn n to ct. Candice Bock
Government Relations Director
candiceb@awcnet.org vv
ASSOCIATION
0 ASHINGTON
AssociatiAM1#9kVMg1AC�Q4076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org "C I I I $
Copyright t 2023 by Association of Washington Cities, Inc. All rights reserved.109/ 6M
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.
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
POR-T-ANGELES
W A S H I N G T O N, U.S.
CITY COUNCIL
MEMO
Date: January 16, 2024
To: City Council
From: Nathan A. West, City Manager
Subject: Lincoln School Redevelopment Opportunities
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. 8' Street and 2) authorize the City Manager to secure an
independent consultant to evaluate redevelopment options.
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. 8t' Street.
Funding Overview: $50,000 has been budgeted in the 2024-2029 Capital Facilities Plan.
January 16, 2024 1-8
POR-T-ANGELES
W A S H I N G T O N, U.S.
CITY COUNCIL
MEMO
Date: January 16, 2024
To: City Council
From: Nathan A. West, City Manager
Subject: Cost/Benefit Analysis of City Property Ownership
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 16t1i agenda for discussion.
Funding: Costs associated with this item will be determined after Council action is taken.
Recommendation: Council discussion.
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.
January 16, 2024 1-9
POR-T-ANGELES
W A S H I N G T O N, U.S.
CITY COUNCIL
MEMO
Date: January 16, 2024
To: City Council
From: Kari Martinez -Bailey, City Clerk
Subject: City Council Assignments for 2024-2025
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.
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.
January 16, 2024 1 - 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 1 - 11
Committee,
City Counci gnments
DRAFT
Board 1
Commission
Mayor
Schromen
MEMBERS
Dexter
Mayor Miller
Meyer
Schwab
-Wawrin
Suggs
Carr
Aligned Response and
Current Rep
Care (ARC) Team
Meetings to be determined
/Monthl / City Hall
City Wellness Committee
NEW REP
- Meets as needed, usually
during the hours of 9 a.m.
to 5 p.m. / City Hall
Clallam Co. Board of
No rep
Health - 3rd Tuesday of
needed
Month / C.C.C.B.R.**
this year
Clallam Transit - Meets
Current Alt.
Current Rep
Current Rep
3rd Wednesday of each
month at 10:00 am /
Rotating locations
Disability Board - 3rd
Current Rep
Tues of month / 9am at
Mayor
Coun
Economic Development
Council — Meets quarterly
Staff
/ Skills Center
Feiro Marine Life Center
Current Rep
NEW ALT
— 31 Wednesday / 5:30
1
p.m. / Feiro
Fireman's Pension Board
Current Rep
Current Alt.
- Meets once a year / City
Mayor
Hall
Homelessness Task Force
Current Rep
Current Alt.
Meets 1st Tuesday of
month 2:30-4:00 pm /
C.C.C.B.R.**
Housing Solutions
Meets 15t Friday of month
Staff
9am / C.C.C.B.R.**
Lauridsen Trust - Meets
Current Rep
3rd Thurs of month / 11 am
Mayor
F.U.M.C*
Law and Justice - Meets
Current Rep
as needed
1
Lodging Tax Advisory
Current Rep
Committee - Meets as
1
needed / City Hall
Marine Resource
Current Alt.
Current
Committee - Meets 3rd
Rep
Monday / 5:30pm
Courthouse
Alternate representatives are assigned to most committees. If you cannot attend, please contact your alternate directly.
January 16, 2024 1 - 12
Committee,
City Council Assignments
RAFT
Board I
Commission
Mayor
Deputy Schromen-
MEMBERS
Dexter
Mayor Miller Meyer Schwab Wawrin
Suggs
Carr
**NEW**North Olympic
NEW REP
Peninsula Recompete
Coalition(NOPRC)
Meets Weekly/ C.C.C.B.R.**
North Olympic Peninsula
Current
Current Alt.
Resource Conservation &
Rep
Development Council - Meets
4th Thursday /Location varies
Olympic Peninsula Tourism
1
NEW REP
Commission — Meets first
Council/
Thursday / Location varies
1 staff
Peninsula Area Public Access
NEW REP
- Meets 2nd Tuesday
Peninsula Regional
Current Alt.
Current
Transportation Planning
Rep
Organization
1
Meets 3rd Friday of every other
month loam, location varies
Port Angeles Forward - Meets
quarterly / 7:30 am / City Hall -
Has not met since 2019
Port Angeles Regional
Current Alt.
Current
Chamber of Commerce Meets
1
Rep
3rd Thursday/8 am/location
1
varies
Solid Waste Advisory
NEW REP
Current
Committee - Meets 3rd
Alt.
Thursday of odd months / 3pm
/ C.C.C.B.R.**
Strait Ecosystem Recovery
Current Rep
NEW ALT
Network (LIO) - Meets
quarterly / Red Cedar Hall in
Bl n
Volunteer Fireman's Pension
Current Rep
Current Alt.
Board - Meets once a year /
Mayor
City Hall
+ 1
Utility Advisory Committee -
Current Rep
Current
Current Rep
Current
Meets 2nd Tuesday of month /
Rep
Alt.
3pm / City Hall
William Shore Memorial Pool
NEW REP
Current Alt.
Current
District - 4th Tuesday / 3pm /
^
Rep
C.C.C.B.R.**
G
* F.U.M.C. - First United Methodist Church ** C.C.C.B.R. - Clallam County Commissioner's Board Room
Alternate representatives are assigned to most committees. If you cannot attend, please contact your alternate directly.
January 16, 2024 1 - 13
iMPOR-T-ANGELES CITY COUNCIL
W A S H I N G T O N, U.S. MEMO
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
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:
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.
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.
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
�_
POR-T-ANGELES CITY COUNCIL
= W A S H I N G T O N, U.S. MEMO
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
CITY OF PORT ANGELES
MONTHLY REPORT ON PAST DUE ACCOUNTS
NOVEMBER - DECEMBER 2023
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%
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,00�
NOVEMBER - DECEMBER 2023
PAST DUE AMOUNTS
60 days past due 90 days past due
amount amount
OCTOBER 2023 NOVEMBER 2023
25.0%
20.0%
15.0%
10.0%
5.0%
0.0 %
-5.0 %
-10.0%
-15.0%
-20.0%
-25.0%
120 days past due Total amount past due
amount
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
Comm
New Construction
$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
Repair Alteration
6
6
4
9
7
6
11
7
9
13
7
7
92
and
$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
New Construction
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
Ind
Repair and Alteration
0
0
0
0
0
0
0
0
0
0
0
0
0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0
New Construction
0
0
0
0
0
0
0
0
0
0
0
0
0
Public
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0
Repair and Alteration
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
New Multi Family
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
New Manufactured Home
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
Res
New Single Family
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
New Accessory Structure
$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
Repair and Alteration
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
Demolition and Moving
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
Total Permits Issued
32
31
43
40
62
43
48
35
37
42
32
24
469
Total Construction Valuation
$782,839.00
$1,796,576.00
$2,996,702.00
1$864,883.001
$2,246,810.00
$2,052,843.00
1 $4,898,143.00
$1,013,866.00
1$1,047,841.001
$922,030.00
$2,659,893.00
$772,285.00
$22,054,711
Dwelling Units - ADU
0
0
1
0
0
2
0
0
1
2
1
0
7
Dwelling Units - Duplex
0
0
4
0
0
0
0
2
0
0
0
0
6
Dwelling Units - Single Family
1
3
7
1
2
6
0
0
1
1
2
1
24
Dwelling Units -Manufactured Home
0
0
0
0
0
0
1
1
0
0
0
0
2
Dwelling Units - Multi Family (3+)
0
0
0
1 0
1 0
0
1 27
1 0
1 0
1 0
0
0
1 27
Total Dwelling Units
1
3
12
1
2
8
28
3
2
3
3
1
67
Certificate of Occupancy
1
5
2
2
4
1
2
6
3
4
0
0
30
Permit Fees Paid
$14,650.13
$26,442.52
$85,928.99
$14,851.28
$46,821.40
$58,855.84
$124,371.9
$$23,424.32
$21,624.45
$19,611.69
$41,784.01
$16,921.03
$495,287.58
January 16, 2024 L - 2