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HomeMy WebLinkAbout03052024 CC PacketMarch 5, 2024 Port Angeles City Council Meeting Page 1 March 5, 2024 City of Port Angeles Council Meeting AMENDED Agenda This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City sta ff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5th Street, Port Angeles, or remotely via telephone or video link. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Proclamation Recognizing March 8th, 2024 as International Women’s Day C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an or derly and timely manner. Visit https://www.cityofpa.us/984/Live-Virtual-Meetings to learn how to participate during public comment and or watch the meeting live. Written public comments can be submitted to: council@cityofpa.us, comments will not be read aloud. Audio only: 1-844-992-4726 Access code: 2551 178 7781 Webinar password: DEj3K39h8ND (33535394 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 March 5, 2024 meeting only. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m694110932dd9b3f502a59ffaa7ca537a To make a public comment, 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 Publi c Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reaso nable limits as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Publi c Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those who wish to speak to an item on the meeting’s agenda. If time remains, the presiding officer will call other individua ls wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve March 5, 2024 Port Angeles City Council Meeting Page 2 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. 1. City Council Minutes of February 6, 2024 ...................................................................................................................... E-1 2. Expenditure Report: From February 10, 2024 to February 23, 2024 in the amount of $3,535,400.88 .......................... E-2 3. Stryker Preventative Maintenance Contract for Lucas Mechanical CPR Devices / Authorize the City Manager to sign the three-year Preventative Maintenance Contract and make minor modifications as necessary. ..................................... E-31 4. Service Agreement for Technical Fire Code Review / Approve the attached agreement for as needed technical Fire Code plan review services with Townzen & Associates and authorize the City Manager to sign the agreement and make minor modifications as necessary. ............................................................................................................................................. E-47 5. City Pier Railing Replacement, CON- 2022-50 – Final Acceptance / Accept the City Pier Railing Replacement Project No. CON-2022-50 as complete and authorize staff to proceed with project closeout and release the retainage in the amount of $35,067.65 upon receipt of all required clearances. ....................................................................................................... E-58 6. FY 2023-2025 Water Quality Stormwater Capacity Grant Agreement Contract No. WQSWCAP-2325-PoAnPW-00067 / Accept the Washington State Department of Ecology (WSDOE) FY 2023 -2025 Stormwater Capacity Grant in the amount of $130,000, authorize the City Manager to execute the WSDOE grant agreement WQSECAP -2325-PoAnPW-00067, sign all required forms, and make minor modifications to the agreement, as necessary. ............................................................ E-59 7. WWTP Facilities Fire Alarm System Replacement / Accept Convergint Technologies’ proposal to upgrade and replace fire alarm systems in the amount of $70,568 per quotation #AP06621551P, and authorize the City Manager to execute and administer contracts to implement the proposal under WA State Department of Enterprise Services cooperative purchasing master agreement. ........................................................................................................................................................... E-81 F. Public Hearings | 6:30 p.m. or Soon Thereafter ..................................................................................None G. Ordinances Not Requiring Council Public Hearings 1. UPDATE An Ordinance Implementing New Regulations and Fees for Short-Term Lodging Operations in the City of Port Angeles / Conduct 2nd Reading / Adopt Ordinance / AMENDED ATTACHMENT 1 ................................................... G-1 H. Resolutions Not Requiring Council Public Hearings 1. TR-0209 Race Street Recreation Conservation Office Grant Application / Pass Resolution and Authorize ................. H-1 I. Other Considerations 1. Parks, Recreation and Beautification Commission Appointments / Appoint ................................................................... I-1 J. Contracts & Purchasing 1. Amended Transformer Purchase Authorization / Approve and Authorize ...................................................................... J-1 2. 2024 Electrical Substations Ground Services Contract / Award and Authorize .............................................................. J-3 K. Council Reports L. Information City Manager Reports: 1. 2021 Building Code Updates Effective March 15, 2024 ................................................................................................. L-1 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment March 5, 2024 Port Angeles City Council Meeting Page 1 March 5, 2024 City of Port Angeles Council Meeting Agenda This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City sta ff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5th Street, Port Angeles, or remotely via telephone or video link. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Proclamation Recognizing March 8th, 2024 as International Women’s Day C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an or derly and timely manner. Visit https://www.cityofpa.us/984/Live-Virtual-Meetings to learn how to participate during public comment and or watch the meeting live. Written public comments can be submitted to: council@cityofpa.us, comments will not be read aloud. Audio only: 1-844-992-4726 Access code: 2551 178 7781 Webinar password: DEj3K39h8ND (33535394 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 March 5, 2024 meeting only. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m694110932dd9b3f502a59ffaa7ca537a To make a public comment, 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 Publi c Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reaso nable limits as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Publi c Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those who wish to speak to an item on the meeting’s agenda. If time remains, the presiding officer will call other individua ls wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve March 5, 2024 Port Angeles City Council Meeting Page 2 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. 1. City Council Minutes of February 6, 2024 ...................................................................................................................... E-1 2. Expenditure Report: From February 10, 2024 to February 23, 2024 in the amount of $3,535,400.88 .......................... E-2 3. Stryker Preventative Maintenance Contract for Lucas Mechanical CPR Devices / Authorize the City Manager to sign the three-year Preventative Maintenance Contract and make minor modifications as necessary. ..................................... E-31 4. Service Agreement for Technical Fire Code Review / Approve the attached agreement for as needed technical Fire Code plan review services with Townzen & Associates and authorize the City Manager to sign the agreement and make minor modifications as necessary. ............................................................................................................................................. E-47 5. City Pier Railing Replacement, CON- 2022-50 – Final Acceptance / Accept the City Pier Railing Replacement Project No. CON-2022-50 as complete and authorize staff to proceed with project closeout and release the retainage in the amount of $35,067.65 upon receipt of all required clearances. ....................................................................................................... E-58 6. FY 2023-2025 Water Quality Stormwater Capacity Grant Agreement Contract No. WQSWCAP-2325-PoAnPW-00067 / Accept the Washington State Department of Ecology (WSDOE) FY 2023 -2025 Stormwater Capacity Grant in the amount of $130,000, authorize the City Manager to execute the WSDOE grant agreement WQSECAP -2325-PoAnPW-00067, sign all required forms, and make minor modifications to the agreement, as necessary. ............................................................ E-59 7. WWTP Facilities Fire Alarm System Replacement / Accept Convergint Technologies’ proposal to upgrade and replace fire alarm systems in the amount of $70,568 per quotation #AP06621551P, and authorize the City Manager to execute and administer contracts to implement the proposal under WA State Department of Enterprise Services cooperative purchasing master agreement. ........................................................................................................................................................... E-81 F. Public Hearings | 6:30 p.m. or Soon Thereafter ..................................................................................None G. Ordinances Not Requiring Council Public Hearings 1. An Ordinance Implementing New Regulations and Fees for Short -Term Lodging Operations in the City of Port Angeles / Conduct 2nd Reading / Adopt Ordinance ......................................................................................................................... G-1 H. Resolutions Not Requiring Council Public Hearings 1. TR-0209 Race Street Recreation Conservation Office Grant Application / Pass Resolution and Authorize ................. H-1 I. Other Considerations 1. Parks, Recreation and Beautification Commission Appointments / Appoint ................................................................... I-1 J. Contracts & Purchasing 1. Amended Transformer Purchase Authorization / Approve and Authorize ...................................................................... J-1 2. 2024 Electrical Substations Ground Services Contract / Award and Authorize .............................................................. J-3 K. Council Reports L. Information City Manager Reports: 1. 2021 Building Code Updates Effective March 15, 2024 ................................................................................................. L-1 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment c) PORT ryvLs.. . PROCLAMATION Recognizing International Women's Day — March 8' WHEREAS, women of every race,class,orientation and ethnic background have made historic contributions to the growth and strength of our nation and community in countless recorded and unrecorded ways; and WHEREAS, women have opened the doors to opportunity for subsequent generations of dreamers and doers. As community leaders, educators, doctors, scientists, and more, women power our economy and lead our nation and community. On January 12, 1982 Dorothy Ducan was the first woman to be elected the Mayor for the City of Port Angeles, being chosen by her colleagues to serve her city, paving the way for other's to step into leadership roles; and WHEREAS, in 1988 the Women's Business Ownership Act was enacted, allowing women for the first time to,independently own and operate their businesses while prohibiting state laws that required women to attain a male relative as their co-signer on business loans. Today, nearly half of the new businesses started in the U.S every year are done so by women. In Port Angeles, there are dozens of women founders, CEO's and presidents in a variety of industries and many of these women play important roles in the community beyond being entrepreneurs; and WHEREAS, Title VII of the Civil Rights Act of 1964 played a crucial role in aiding women's careers by outlawing discrimination in law enforcement. Currently, women represent only 12% of sworn officers and 3% of police leadership in the United States. However, the Port Angeles Police Department has historically been above the national average,with our current full-time Officers at 21% women, with several in leadership positions. After many years of the Port Angeles Fire Department having little to no career women,the City is officially trending up with more women on staff than ever before. The City of Port Angeles celebrates all women who work in public safety as they are our first responders and service members, who watch over our lives and liberties; and WHEREAS, despite these contributions, the role of women in history has been consistently overlooked and undervalued. However, women continue their work to advance gender equity and equality. Let us celebrate the contributions of women throughout our history and honor the stories that have too often gone untold as they they represent the very best of America. Let us recognize that fundamental freedoms are interconnected: when opportunities for women are withheld, we all suffer; and when women's lives are improved, we all gain. NOW, THEREFORE, I, Kate Dexter, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby proclaim March 8, 2024 as International Women's Day in the City of Port Angeles, and encourage all residents to participate in celebrating all women and strive to create a community where every woman of any age knows that her possibilities know no bounds 'n our community. ��' 1 '•:;, March 8, 2024 Kate Dexter, Mayor 1,0. II 1.1116 r t 41 • Jut • City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearlyresident or Topic business owner? Yes or No Yes or No (7— I ST- l's\/ Ti,{nt v or No �•�� G l Yes o •, G 1 �x'►Z —, 0 ` tv E 1 1 Ql�t • or No STK e• 14-txi-cilkstM es or No S 1 or No s I(tc-, 1A,N7Yes or No BevLf \ c9 e, door No S�� JJ 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 Page 3 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearlyresidentor Topic business owner? Yes or No a o u i e C ck \ Q, or No1 L., \,-\ e_ • s �� or No 1 Yes or No S; CaltA2 r No -i-R_ MoAttkGe_AN-RN/ do- or No Splic 7PVfrf, o /-1 •or No Q61C(V Yes or No c-FT. or No �-7— • n6e,L 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 Page 4 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles residPrint Name Cleary business wner? Topic Yes or No CAikk Co(v\Ai\EI,LE_ECDes or Noy � ' R `� S's Y C r\ AM\00/( AiO lip or No S \)-L„' v_.\\Aes ; or No Yes or No I ♦ l�Je '1 deg or No STZj ---T A �q; . 1/4 0.142 ((i V\A 41)-_. or No L-126Q(1S Yes or No \cpv\oaeir, CY--e or No 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 Page 3 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles ident or Print Name Clearly resbusiness owner? Topic Yes or No Zjitk (1 ‘0 \ S or No (� `` ) or No e.G. CQ\Z-Mkj Ye or No ^Q \ c ' A S Ok e or No N r l Os or No u��V� y Ty( !irv-(!.(7 or No 1 Y�s or No Cohn � u\ i11Gvcceh � `.c or No 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 Page 1 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearly business owner? Topic Yes or No Lv door No 15IY\ /� or No V ('1`\0 S.\R.N1 tI 5*3 or No S �� TR. Juivs � or No S A� � Le. S v6-0\ Ye or No � T r 0 "�, , , • or NotoYOldn MICO\K 6- I _ Lzu jrzp y k e, or No 6 \z„,c11/4.0( dial Ør No 5TIZ• 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 Page 2 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearlyeiaen or Topic business owner? Yes or No Yes or No"--6 v eJ Yes or No I !2- ,, ll o 3 ®/v or No -7---/Q Yes or No «' of or No -SCV \ n C 05 1 or No S7' R_ or No LIA,UrctYes r No 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 Page 3 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearly buses resident ;er Topic Yes or No h144-(_ 41111ber No 6hr i ) u Yes or 6.), ( 7 M►im Ye or No S� I Joso �'l T�v1 (Lc", 9 or No JTP Ye)or No Nak,\NA or No � 1(I6, Yes or el C ���� L 0(f `e \ ( tt.Tiv w (Yes or No 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 Page 3 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearlyresides#or Topic business owner? Yes or No 0Aw ► vrelsoc✓ _S "7"� IMir No m iti4'(2r- Yes orC•1?) S Yes or No 5 1Z `,\\tC,A', s or No Ye or No/IA 5 0 \Mk‘Acuf-\\,& \r) /Ye,� or No I,k)(k kg\ r'�l 4C,/ , or No S ll r / 1A) -"'' Yes or No 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 Page 3 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearly bus Hess owner? Topic Yes or No or No Sri-/c Q6' ScIiV Er 1 \�U(j.,( Yes or No lam- -11/,tr 1 Yes o NovOk Soor,AAAAr-61,C, \,1/45Yes or No Yes or Norroc. k- Af-c, /-04 , (Ic or No 5-7-7- or No T 74A/ ‘4, //0(L-1_, Yes or a jr? 6-(071 LAJ t L o 5i residents of the Cityor own businesses wit the City will be Individuals who are 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 Page 3 City Council Meeting March 5, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Print Name Clearly = resident or Topic Yes or No cb ) i L Yes or NoA//\-4-(211-co-N 411 ) / or No Ye or No 77 Ycx.-,6V( �,��51 Y or No c -v() e or No - �1,/ .iAôLJorNo1110 T (�. Yes or No 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 Page 1 „Apt. reas pJRTj\INTGELES 321 East Fifth Street W A S H I N G T O N , U . S . Port Angeles, WA 98362 Correspondence submitted to the Port Angeles City Council during the public comment period to be made a part of the record of this meeting. • Hello my name is Samantha Fisher I am a housekeeper for 20 different Airbnbs in the area and I support option B. I will lose 8 out of my 20 houses if this continues with option C. Being a housekeeper for Airbnbs has allowed me the flexibility I need. I have a son who has special needs, and requires more attention than most children. Since I started working as a housekeeper, I have gotten off state assistance, been able to open my own business, and even hire people to help me. I have been able to support my family. It has truly been a blessing. Losing 8 houses from my client list will be devastating. I will no longer be able to support my family causing me to have to rely on state assistance again and help from housing assistance. I will no longer have the flexibility to be there for my son and to get him to all his different appointments. The snowball effect from losing 8 houses will be enormous and it will destroy any security for my family's future. I don't quite understand the cities view on this when the facts are there: STRs have No connections for the shortage of homes for people to rent STRs help our economy within the city, from tourism to employment for all kinds, not just cleaners. STRs all power, water, and garbage service that's money for PUD, they all have wifi and television that's money for local network carriers, they all have yard work done that's local landscapers. The pros most definitely outway the cons in this situation. Again my name is Samantha Fisher I am a housekeeper for Airbnbs in the area and I support option B. PORTANGELES FINANCE = WASHINGToN , U . S . DEPARTMENT March 5, 2024 We,the undersigned City Officials of the City of Port Angeles,do hereby certify that the merchandise and/or services herein specified have been received and that these claims are approved for payment in the amount of$3,535,400.88 this 5th day of March 2024. Mayor City Manager "Where the mountains meet the sea" 360.457.04111finonce@cItyofpa.us I www.cltyolpa.us 321 E.5th Sheet,Port Angeles,WA 98362 CITY OF PORT ANGELES CITY COUNCIL Port Angeles, Washington February 6, 2024 This meeting was conducted as a hybrid meeting. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port An geles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Carr, Council members Meyer, Miller, Schromen-Wawrin (attending virtually from Association of Washington Cities conference), Schwab (attending virtually attending virtually from Association of Washington Cities conference), and Suggs. Members Absent: None. Staff Present: City Manager West, Deputy City Manager Goings, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, B. Smith, S. Carrizosa, M. Sanders, and M. Healy. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. PUBLIC COMMENT Susie Blake, city resident, spoke to the Ad Hoc Committee on Boards, Committees, and Commissions Appointments and asked the Council to prioritize filling vacant seats. Steven Pelayo, business owner in the city, spoke the Lodging Tax Advisory Committee matter on the agenda for consideration. John Ralston, city resident, spoke to the Lodging Tax Advisory Committee matter on the agenda for consideration. James Taylor, city resident, spoke to Council engagement. Marolee Smith, city resident, spoke about the City Council’s public comment period. Ron Richards, residing outside city limits, spoke to Lodging Tax Advisory Committee matter on the agenda for consideration. CONSENT AGENDA It was moved by Suggs and seconded by Miller to approve the Consent Agenda to include: 1.City Council Minutes of December 19, 2023 and January 2, 2024 / Approve 2. Expenditure Report: From January 6, 2024 to January 26, 2024 in the amount of $3,950,973.21 / Approve 3. Washington Department of Commerce Grant Acceptance / 1) Approve a grant agreement with the Washington Department of Commerce for the purchase and deployment of the equipment and expenditure of $50,000.00, and 2) Authorize the City Manager to sign and execute the grant agreement and approve and execute the fi nal purchase documents to complete the purchase of the equipment specified in the grant and to make minor modifications as necessary. 4. Vehicle Purchase / 1) Approve the purchase of a 2023 Ford Interceptor Police Department Vehicle that is the functional equivalent of existing vehicle #1512 from The Arizona State Contract in an amount not to exceed $60,442.10, including tax; and the contract equipment, outfitting, and delivery transportation cost not to exceed $25,000. 2) Authorize the City Manager to approve and execute the final purchase documents and to complete the purchase. 3) Authorize the City Manager to surplus vehicle #1512, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. March 5, 2024 E - 1 PORT ANGELES CITY COUNCIL MEETING – February 6, 2024 Page 2 of 5 5. REdisCOVERY Julotta Software Purchase / Authorize the City Manager to sign a renewal contract with Julota and to make minor modifications as necessary. 6. Acceptance on Signal Grant / 1) Award a contract to TITAN Earthwork, LLC for the Signal Controller Upgrades Project TR0120 in the amount of $4,197,795.00 including applicable taxes and authorize the City Manager to sign a construction contract for this project and to make minor modifications if necessary.2) Approve Amendment #3 to the Signal Controller Upgrades Professional Service Agreement with Parametrix, Inc. in the amount of $250,929.73 with a new not to exceed amount of $930,592.55 and approve and authorize the City Manager to sign the Amendment and make minor modifications as necessary. 7. Wastewater Treatment Plant Airgap Final Acceptance / Accept the Wastewater Air-Gap System project CON- 2020-04 as complete and authorize staff to proceed with project closeout, and release the 5% retainage upon receipt of all required clearances. 8. Everbridge Contract / Authorize the City Manager to sign an interlocal agreement with Clallam County for the purchase and deployment of an emergency notification system that serves all of Clallam County with an annual expenditure of up to $9,000.00 for the system and to make minor modifications as necessary. 9. Emergency Declaration / Ratify Resolution Pass the attached resolution, affirming and ratifying the Declaration of Emergency issued by the City Manager on January 24, 2024. 10. CLIHP Grant Letter of Support / Staff requests that Council authorize the Mayor to sign a letter of support endorsing Clallam County’s application for CLIHP funding. 11. Light Operations Rental Facility Lease / Approve a 12-month lease extension with ALK Properties, LLC, for a total amount of $90,000; and authorize the City Manager to sign and execute a lease extension and make minor modifications to the lease if necessary. 12. Interlocal Agreement – Clallam County, Washington / Approve the attached ILA with Clallam County, Washington, and authorize the City Manager to sign the Agreement and make minor modifications to the Agreement, if necessary. Motion carried 7-0. OTHER CONSIDERATIONS 2. 2024 Lodging Tax Advisory Committee Capital Request Consideration Finance Director Sarina Carrizosa introduced the item, provided some background, and introduced Director of Public Works & Utilities Mike Healy and Parks and Recreation Director Corey Delikat to introduce the projects. Director Healy discussed the project that required the City to declare a state of emergency, provided a number of considerations of the project to consider from process to the color of paint for the tower. Council discussion followed. Director Delikat spoke to the matter, spoke to the destruction and included repair costs, provided timeframes, and an update on donations received through the Dream Playground Foundation. He provided information on community support received and shared an update on insurance status. Council discussion followed. It was moved by Carr and seconded by Meyer to: After the motion was made and seconded, the Council approved the following motion : Approve and adopt the Lodging Tax Advisory Committee’s recommendation for use of excess and capital reserves in the lodging tax fund for the City Pier Observation Tower and Dream Playground re-build in the amount of $824,464. Motion carried 7-0. 3. Ad Hoc Committee on Boards, Committees, and Commissions Appointments Manager West provided background on the matter, shared draft code changes are being considered by Madrona Law, and explained the process was meant to be an interim approach until the final code would be adopted. Explained the background, spoke to the time frame to include interviews, and appoint members in time prior to the new appointees the opportunity to attend their first meetings in March. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Carr to: Appoint a temporary ad hoc of up to 3 Council members to review applications and recommend appointments to the Planning Commission. Motion failed 2-5 with Carr and Schromen-Wawrin in favor. March 5, 2024 E - 2 PORT ANGELES CITY COUNCIL MEETING – February 6, 2024 Page 3 of 5 Council discussion followed. Manager West clarified the process, stating the process would exclude the Public Safety Advisory Board, Utility Advisory Committee, and Parks, Recreation, and Beautification Commission as these groups have a separate recommendation process. It was moved by Miller and seconded by Meyer to: Appoint an ad hoc committee consisting of three Council members and two staff members to review applications, interview as necessary, and make recommendations to the full Council on various appointments as needed no later than March 19, 2024. Motion carried 6-1 with Schromen-Wawrin opposed. It was moved by Schromen-Wawrin and seconded by Carr to: Appoint Carr, Miller, and Schwab to the ad hoc committee. Motion carried 7-0. It was moved by Carr and seconded by Miller to: After the motion was made and amended the final motion was considered by Council: Open the application period for all open positions on the Lodging Tax Advisory Committee, to include dates determined by the ad hoc committee, and have the ad hoc committee consider the applications and return to the Council with a recommendation for appointment on March 19. Motion carried 7-0. It was moved by Carr and seconded by Schromen-Wawrin to: Excuse Council member Meyer from the meeting. Motion carried 6-0. The Mayor recessed the meeting for a break at 7:28 p.m. The meeting reconvened at 7:33 p.m. 1. Center for Inclusive Entrepreneurship Presentation Project Manager Rick Dickinson shared a presentation. CONTRACTS & PURCHASING 1. Downtown Tree and Sidewalk Replacement Phase 3 Project, TR09 -18, Award Construction Contract Director Healy spoke to the agenda item, provided funding information and stated the project area includes work on Front Street, Oak Street, Laurel Street and Railroad Avenue. It was moved by Schromen-Wawrin and seconded by Miller to: Award a contract for the full project bid amount to Interwest Construction, Inc. for the Downtown Tree and Sidewalk Replacement Phase III Project TR09-18 in the amount of $396,890.00 including applicable taxes and authorize the City Manager to sign a construction contract for this project and to make minor modifications if necessary. Motion carried 6-0. CITY COUNCIL REPORTS Council member Schwab reported on an Olympic Peninsula Tourism Commission meeting and stated he was attending the Association of Washington Cities, Cities Action Days Conference along with Council member Schromen-Wawrin. Council member Schromen-Wawrin spoke to a meeting Strait Ecosystem Recovery meeting, thanked representatives for the meetings with City representatives, and shared a Peninsula Regional Transportation Planning Organization update. Council member Miller spoke to an upcoming MRSC training. Deputy Mayor Carr spoke to attendance at Sequim Aquatic Center and North Olympic Development Council meetings. March 5, 2024 E - 3 PORT ANGELES CITY COUNCIL MEETING – February 6, 2024 Page 4 of 5 Council member Suggs spoke about a recent William Shore Memorial Pool Board meeting that included an opportunity for a planning grant that would address expansion to address child care needs and attendance at a Marine Resources Center subcommittee meeting, and spoke upcoming community events. Mayor Dexter spoke to the Chamber of Commerce Community Awards event, County Stability Board member recruitment, Lauridsen Trust background, Feiro’s Making Waves fundraiser, and spoke about public visibility. No other reports were given. INFORMATION Manager West spoke to a letter addressed to Clallam County Commissioner’s Chair relative to a request to protect the Power Plant Cut signed by both himself and Mayor Dexter and spoke about a report contained in the packet, saying things are moving forward to move grants forward. The Mayor recessed the meeting for a break at 8:26 p.m. The meeting reconvened at 8:31 p.m. SECOND PUBLIC COMMENT David Squires, business owner, spoke about his experience owning a short -term rental and made suggestions to address short-term rentals in Port Angeles. Ashlynn Emiliani, city resident, spoke about GovOS data. Brian Heberling, stating he was one of the founders of Olympic Peninsula Lodging Alliance, presented Council with information, and spoke about the City’s process to address short -term rentals in Port Angeles. Steven Pelayo, business owner in the city, spoke about GovOS data release, spoke about past comments made by Council, and made short-term rental registration suggestions for Port Angeles. Marolee Smith, spoke about Planning Commission discussions, GovOS data, City actions, spoke to an alleged ethical matter, and offered suggestions to address short-term rentals in Port Angeles. City Attorney William Bloor spoke to public comment, that the Mayor as the chair has the ability to limit speech of public comment during the City Council’s public comment period. Council member Schromen-Wawrin spoke to the matter that was brought up during public comment. Leslie Forsburg, resident of the County and a member of the Olympic Peninsula Lodging Alliance, spoke about short - term rentals. Holden Feming, city resident, spoke about community. Carolyn Wilcox, city resident, spoke about short-term rentals, the need for affordable housing, and made suggestions to address short-term rentals in Port Angeles. Colin Young, city resident, renter, and stated he is a member of the Planning Commission. He spoke about the recommendations made by the committee on January 24 and made a suggestion that Planning Commission have the first opportunity to review proposed code changes. Bruce Swenson, city resident and business owner, presentation information to Council and made suggestions to address short-term rentals in Port Angeles. Kelly Johnson, city resident and local realtor, spoke about short -term rentals and made suggestions to address short- term rentals. Skip Hutchinson, city resident, spoke about his experience owning a short-term rental. March 5, 2024 E - 4 PORT ANGELES CITY COUNCIL MEETING – February 6, 2024 Page 5 of 5 Ron Richards, county resident, spoke about the proposed code and made suggestions to Council to include Planning Commission review of proposed codes. Norma Turner, county resident, provided observations made during the January 24 Planning Commission meeting. James Taylor, spoke to Planning Commission meetings, the City released survey on short-term rentals, and spoke about the need for data points. Laurel Cripe, city resident, spoke about public comments shared during public meetings and in opposition of short- term rentals. Dustin Linson, spoke about the need for affordable housing made taxation suggestions. Chris O’Connel, city resident, spoke about the need for affordable housing and his negative experience living near short-term rentals in his neighborhood. Sean Washburn, residing outside city limits, Port Angeles business owner, made suggestions to address short -term rentals in Port Angeles. John Ralston, city resident, spoke to short-term rentals and spoke about GovOS data. ADJOURNMENT Mayor Dexter adjourned the meeting at 9:39 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk March 5, 2024 E - 5 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount MUTT MITT PLASTICS 001-0000-237.00-00 (391.56) US BANK CORPORATE PAYMENT SYSTEM Tree watering ring bags 001-0000-111.35-00 1,610.00 CITY CREDIT CARD PMT 001-0000-213.10-95 (33,506.90) CITY CREDIT CARD PMT 001-0000-213.10-95 48,555.86 WA STATE PATROL JANUARY 2022 FINGERPRINTS 001-0000-229.50-00 53.00 WASHINGTON (DOL), STATE OF JANUARY 2024 CPLS 001-0000-229.60-00 447.00 Division Total:$16,767.40 Department Total:$16,767.40 AWC-ASSN OF WASHINGTON CITIES CONSULTING SERVICES 001-1160-511.43-10 400.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT A MILLER REIMBURSEMENT FO 001-1160-511.43-10 40.00 MISC TRAVEL A SCHWAB-AWC CITY ACTION 001-1160-511.43-10 92.50 LSW-AWC CITY ACTION DAYS 001-1160-511.43-10 92.50 Mayor & Council Division Total:$625.00 Legislative Department Total:$625.00 MADRONA LAW GROUP, PLLC CONSULTING SERVICES 001-1210-513.41-50 8,008.50 OLYMPIC STATIONERS INC SUPPLIES 001-1210-513.31-01 39.48 US BANK CORPORATE PAYMENT SYSTEM Lodging-N West 001-1210-513.43-10 1,249.19 Airport parking-N West 001-1210-513.43-10 222.00 Smart Notebook/eyeglass r 001-1210-513.31-01 56.75 iPhone case/belt clip-N W 001-1210-513.31-01 22.83 Hand sanitizer-CMO office 001-1210-513.31-01 33.59 Chamber Luncheon-N West 001-1210-513.43-10 18.00 City Manager Division Total:$9,650.34 US BANK CORPORATE PAYMENT SYSTEM Bridge toll-A Fountain 001-1220-516.43-10 5.50 Human Resources Division Total:$5.50 CIVICPLUS DATA PROC SERV &SOFTWARE 001-1230-514.41-50 850.00 US BANK CORPORATE PAYMENT SYSTEM Lodging-KMB 001-1230-514.43-10 132.50 Cisco subscription 001-1230-514.42-10 418.88 WAPRO 2024 MEMBERSHIP 001-1230-514.49-01 25.00 City Clerk Division Total:$1,426.38 City Manager Department Total:$11,082.22 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 183.77 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 50.92 Page 1 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 6 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BANK CORPORATE PAYMENT SYSTEM GFOA training reg-J Jones 001-2023-514.43-10 85.00 Job posting-Accountant In 001-2023-514.41-15 154.34 GFOA mem/training reg-H J 001-2023-514.43-10 990.00 Paper plates/cutlery (gen 001-2023-514.31-01 37.00 BARS-GAAP reg-H Jones 001-2023-514.43-10 175.00 Ferry tickets-H Jones 001-2023-514.43-10 35.80 WFOA membership-H Jones 001-2023-514.49-01 75.00 Wireless keyboard/mouse s 001-2023-514.31-60 64.19 Lunch training-GAAP Updat 001-2023-514.43-10 70.38 Accounting Division Total:$1,921.40 EQUIFAX FINANCIAL SERVICES 001-2025-514.41-50 466.09 LEXISNEXIS FINANCIAL SERVICES 001-2025-514.41-50 217.60 FINANCIAL SERVICES 001-2025-514.41-50 217.80 US BANK CORPORATE PAYMENT SYSTEM Lodging-Iyulores 001-2025-514.43-10 119.20 BAT Cert Exam Reg (retake 001-2025-514.43-10 104.00 Monroe calculator ribbon 001-2025-514.31-01 95.52 Customer Service Division Total:$1,220.21 US BANK CORPORATE PAYMENT SYSTEM Postage machine ink/overn 001-2070-518.31-01 257.42 Postage machine ink 001-2070-518.31-01 152.97 Reprographics Division Total:$410.39 Finance Department Total:$3,552.00 CLALLAM CNTY COMMISSIONER'S OFFICE SUPPLIES 001-3012-598.51-23 90,659.18 Jail Contributions Division Total:$90,659.18 LEXISNEXIS SUBSCRIPTION 001-3030-515.49-01 435.20 US BANK CORPORATE PAYMENT SYSTEM Refund-WSAMA Conf Reg-W B 001-3030-515.43-10 (250.00) Ferry fee roundtrip-J Rob 001-3030-515.43-10 45.65 Refund-WSAMA Conf Reg-C C 001-3030-515.43-10 (250.00) City Attorney Division Total:($19.15) City Attorney Department Total:$90,640.03 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-4050-558.31-60 1,754.71 COMPUTER HARDWARE&PERIPHE 001-4050-558.31-60 1,286.95 COMPUTER HARDWARE&PERIPHE 001-4050-558.31-60 174.99 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 001-4050-558.31-01 148.00 US BANK CORPORATE PAYMENT 30/60-day erasable wall c 001-4050-558.31-01 150.14 Page 2 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 7 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount SYSTEM Building Division Total:$3,514.79 LEAGUE OF OREGON CITIES CONSULTING SERVICES 001-4060-558.41-50 20.00 OLYMPIC STATIONERS INC NAMES PLATES/HOLDERS 001-4060-558.31-01 150.14 PACIFIC OFFICE EQUIPMENT INC CED OFFICE FURNITURE 001-4060-558.31-01 11,087.81 SOUND PUBLISHING INC LEGAL AD 001-4060-558.41-15 129.56 COMMUNICATIONS/MEDIA SERV 001-4060-558.41-15 118.50 COMMUNICATIONS/MEDIA SERV 001-4060-558.41-15 121.66 US BANK CORPORATE PAYMENT SYSTEM Job posting-PenCom 001-4060-558.49-01 199.00 Lodging-Braudrick 001-4060-558.43-10 363.63 Planning Division Total:$12,190.30 NORTH OLYMPIC PENINSULA RC & D 2024 MEMBERSHIP 001-4071-558.49-01 3,135.00 OLYMPIC PRINTERS INC ART OBJECTS 001-4071-558.44-10 948.52 US BANK CORPORATE PAYMENT SYSTEM Lodging-S Cartmel 001-4071-558.43-10 143.05 Refund-parking at hotel 001-4071-558.43-10 (81.75) Economic Development Division Total:$4,144.82 Community Development Department Total:$19,849.91 LEXISNEXIS LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 54.45 SOUND UNIFORM SOLUTIONS/BRATWEAR CLOTHING & APPAREL 001-5010-521.31-11 477.09 US BANK CORPORATE PAYMENT SYSTEM Notary training-S Craig/C 001-5010-521.43-10 150.00 PAPD Coffee Cups (72)-Adm 001-5010-521.31-01 296.23 Off Duty Holster 001-5010-521.31-80 145.37 Gear-J Viada 001-5010-521.31-11 75.59 Police Administration Division Total:$1,198.73 OLYMPIC PENINSULA HUMANE SOCIETY MISCELLANEOUS SERVICES 001-5012-521.41-50 16,250.00 Intergovernmental Svcs Division Total:$16,250.00 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 16.63 MISC TRAVEL J POWLESS-WP MODEL TRAINI 001-5021-521.43-10 350.50 THOMSON REUTERS-WEST SECURITY,FIRE,SAFETY SERV 001-5021-521.49-01 190.39 US BANK CORPORATE PAYMENT SYSTEM Veh license fee #2310 001-5021-521.45-21 63.08 Veh license fee #2311 001-5021-521.45-21 63.09 Veh license fee #2312 001-5021-521.45-21 63.09 Digital evidence collecti 001-5021-521.31-01 225.07 Page 3 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 8 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BANK CORPORATE PAYMENT SYSTEM Lodging deposit-J Powless 001-5021-521.43-10 154.55 Veh storage containers (4 001-5021-521.31-01 88.93 Veh license fee #2313 001-5021-521.45-21 63.10 Conference chairs-Detecti 001-5021-521.31-01 303.55 Evidence storage bins (3)001-5021-521.31-01 910.65 Digital audio recorders (001-5021-521.31-01 84.86 Lodging deposit-K Malone 001-5021-521.43-10 88.83 Investigation Division Total:$2,666.32 DUNGENESS RANCH PET RESORT CANINE BOARDING 001-5022-521.49-80 135.00 GALLS CLOTHING & APPAREL 001-5022-521.31-11 69.73 CLOTHING & APPAREL 001-5022-521.31-11 163.57 CLOTHING & APPAREL 001-5022-521.31-11 (313.27) CLOTHING & APPAREL 001-5022-521.31-11 313.27 CLOTHING & APPAREL 001-5022-521.31-11 313.27 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 51.33 SHIPPING AND HANDLING 001-5022-521.42-10 51.44 MISC TRAVEL B STAMON-WP MODEL TRAININ 001-5022-521.43-10 350.50 S RYAN-WP MODEL TRAINING 001-5022-521.43-10 350.50 J ORDONA-WESTPOINT LEADER 001-5022-521.43-10 345.00 OLYMPIC MEDICAL CENTER HEALTH RELATED SERVICES 001-5022-521.49-90 184.00 US BANK CORPORATE PAYMENT SYSTEM MDT hard drive-B Fernie 001-5022-521.31-60 679.95 Rack key tags-Patrol 001-5022-521.31-01 18.47 Toll-Narrows Bridge-Refil 001-5022-521.43-10 50.00 VOIANCE LANGUAGE SERVICES, LLC MISC PROFESSIONAL SERVICE 001-5022-521.42-10 12.07 Patrol Division Total:$2,774.83 CAPTAIN T'S CLOTHING & APPAREL 001-5029-521.31-11 55.52 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5029-521.42-10 29.14 SHIPPING AND HANDLING 001-5029-521.42-10 31.10 MISC TRAVEL C JACOBI-NW LEADERSHIP SE 001-5029-521.43-10 363.40 OLYMPIC PRINTERS INC PAPER (OFFICE,PRINT SHOP) 001-5029-521.31-01 185.13 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 19.58 OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 176.34 US BANK CORPORATE PAYMENT SYSTEM Lodging-C Jacobi 001-5029-521.43-10 710.43 Lodging-J Droz 001-5029-521.43-10 710.43 Page 4 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 9 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BANK CORPORATE PAYMENT SYSTEM Lodging-K Buchanan 001-5029-521.43-10 731.20 Project table 001-5029-521.31-01 251.24 Brown paper bags-Records 001-5029-521.31-01 56.21 Lodging-E Murray 001-5029-521.43-10 132.50 Lodging-O Hatton 001-5029-521.43-10 132.50 NW Leadership Reg-C Jacob 001-5029-521.43-10 395.00 Records Division Total:$3,979.72 Police Department Total:$26,869.60 US BANK CORPORATE PAYMENT SYSTEM Lodging-Sharp 001-6010-522.43-10 100.08 Online training Reg-Sharp 001-6010-522.43-10 85.79 Fire Administration Division Total:$185.87 LINCOLN STREET STATION SHIPPING AND HANDLING 001-6020-522.31-01 12.16 SHIPPING AND HANDLING 001-6020-522.31-01 17.44 MISC EMPLOYEE EXPENSE REIMBURSEMENT TUITION REIMB-4TH QTR 23 001-6020-522.43-10 1,350.00 DEWEY REIMB FOR COFFEE FO 001-6020-522.31-01 87.12 PORT ANGELES POWER EQUIPMENT MACHINERY & HEAVY HRDWARE 001-6020-522.31-01 22.77 MACHINERY & HEAVY HRDWARE 001-6020-522.31-01 24.93 SEAWESTERN INC CLOTHING & APPAREL 001-6020-522.31-11 1,347.20 SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 001-6020-522.43-10 130.92 CLOTHING & APPAREL 001-6020-522.43-10 112.69 SHOES AND BOOTS 001-6020-522.43-10 97.87 SUPPLIES 001-6020-522.31-01 80.46 US BANK CORPORATE PAYMENT SYSTEM Postage-M Wheeler Ltr 001-6020-522.31-01 13.24 Simulated blood powder 001-6020-522.31-01 124.82 Book-The 9Ls Keys to Buil 001-6020-522.31-02 25.86 Gold certificate seals 001-6020-522.31-01 20.66 Fake skin tattoo practice 001-6020-522.31-01 17.34 Shipping-air sample testi 001-6020-522.31-01 28.98 Supplies/food 001-6020-522.31-01 43.52 Supplies/snacks 001-6020-522.31-01 35.37 Breakfast snacks 001-6020-522.31-01 21.76 Supplies/food 001-6020-522.31-01 43.83 Magnets for whiteboard 001-6020-522.31-01 14.13 Pens (pk of 12) 001-6020-522.31-01 16.93 Online training Reg (8) 001-6020-522.43-10 550.80 Page 5 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 10 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BANK CORPORATE PAYMENT SYSTEM Breakfast snacks-Officer 001-6020-522.31-01 24.37 Fire Suppression Division Total:$4,265.17 OLYMPIC PRINTERS INC JOB BROCHURE 001-6030-522.31-01 183.87 US BANK CORPORATE PAYMENT SYSTEM Uniform shoes-M Sanders 001-6030-522.20-80 165.95 Bridge toll-M Sanders 001-6030-522.43-10 5.50 Fuel-M Sanders 001-6030-522.43-10 34.98 Lodging-M Sanders 001-6030-522.43-10 149.73 Fuel-M Sanders 001-6030-522.43-10 33.35 ICC renewal-M Sanders 001-6030-522.43-10 110.00 WSAFM mem-M Sanders 001-6030-522.49-01 594.00 Flashlights-Chief Officer 001-6030-522.31-01 520.17 Fire Prevention Division Total:$1,797.55 FOWLER FIRE HUMAN SERVICES 001-6045-522.43-10 500.00 MISC TRAVEL R GONZALES-ODP FIRE CONF 001-6045-522.43-10 764.04 US BANK CORPORATE PAYMENT SYSTEM Repair-thermal imager 001-6045-522.31-01 190.00 Paratekk training supplie 001-6045-522.31-01 111.26 Shipping-DOH documents 001-6045-522.42-10 9.65 Fire Training Division Total:$1,574.95 ANGELES MILLWORK & LUMBER SUPPLIES 001-6050-522.48-10 244.11 SUPPLIES 001-6050-522.48-10 (157.89) SUPPLIES 001-6050-522.48-10 27.33 SUPPLIES 001-6050-522.48-10 38.27 US BANK CORPORATE PAYMENT SYSTEM Water heater repair 001-6050-522.31-20 397.72 WALTER E NELSON CO SUPPLIES 001-6050-522.31-01 537.90 Facilities Maintenance Division Total:$1,087.44 Fire Department Total:$8,910.98 MISC EMPLOYEE EXPENSE REIMBURSEMENT MHEALY HOUSING REIMBURSEM 001-7010-532.41-50 2,897.72 MISC TRAVEL J BOEHME-ITE/IMSA JOINT M 001-7010-532.43-10 272.11 PORT ANGELES CITY TREASURER HEADPHONES 001-7010-532.31-01 42.35 SHI INTERNATIONAL CORP COMPUTERS,DP & WORD PROC. 001-7010-532.48-02 329.19 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 001-7010-532.35-01 11.95 US BANK CORPORATE PAYMENT SYSTEM CAEC Pro Webinar-L Hanley 001-7010-532.43-10 30.00 Job posting-Transportatio 001-7010-532.44-10 199.00 Page 6 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 11 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BANK CORPORATE PAYMENT SYSTEM Job posting-Transportatio 001-7010-532.44-10 475.00 WSDOT Standard Spec books 001-7010-532.31-01 688.27 Notary Application Fee-To 001-7010-532.49-01 40.00 Notary Bond/Supplies-Toth 001-7010-532.49-01 263.17 Job posting-PWKS GIS Anal 001-7010-532.44-10 95.00 Office paper/water 001-7010-532.31-01 313.53 Coffee-WSDOT Mtg 001-7010-532.31-01 43.52 Snacks-WSDOT Mtg 001-7010-532.31-01 46.96 Public Works Admin. Division Total:$5,747.77 Public Works & Utilities Department Total:$5,747.77 MISC ONE-TIME VENDORS TUCKER, TIM. RESOURCE MAN 001-8010-574.43-10 1,500.00 QUILL CORPORATION SUPPLIES 001-8010-574.31-01 140.11 Parks Administration Division Total:$1,640.11 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-8012-555.31-01 68.00 US BANK CORPORATE PAYMENT SYSTEM PDRC Training Reg-C Geyer 001-8012-555.43-10 395.00 Senior Center Division Total:$463.00 AUTOMATIC WILBERT VAULT CO INC MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 5,387.00 MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 1,446.00 MATTHEWS BRONZE PA MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 437.55 QUIRING MONUMENTS INC MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 324.00 MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 324.00 MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 575.00 US BANK CORPORATE PAYMENT SYSTEM Vacuum cleaner-Ocean View 001-8050-536.31-20 163.19 Ocean View Cemetery Division Total:$8,656.74 ANGELES CONCRETE PRODUCTS SUPPLIES 001-8080-576.31-20 239.65 SUPPLIES 001-8080-576.31-20 226.30 SUPPLIES 001-8080-576.31-20 181.16 CONSTRUCTION SERVICES,TRA 001-8080-576.31-20 1,053.97 ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 18.10 SUPPLIES 001-8080-576.31-20 289.63 SUPPLIES 001-8080-576.31-20 95.52 SUPPLIES 001-8080-576.31-20 24.05 SUPPLIES 001-8080-576.31-20 43.24 Page 7 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 12 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount ANGELES MILLWORK & LUMBER FIRST AID & SAFETY EQUIP.001-8080-576.31-20 19.75 SUPPLIES 001-8080-576.31-20 227.59 SUPPLIES 001-8080-576.31-20 186.99 SUPPLIES 001-8080-576.31-20 45.28 BAILEY SIGNS & GRAPHICS SIGNS, SIGN MATERIAL 001-8080-576.31-20 195.84 BAXTER AUTO PARTS #15 PUMPS & ACCESSORIES 001-8080-576.31-01 21.78 CENTRAL WELDING SUPPLY BRUSHES (NOT CLASSIFIED) 001-8080-576.45-30 35.64 DAREN'S POINT S EXTERNAL LABOR 001-8080-576.48-10 17.42 DR. PANZA LLC HEALTH RELATED SERVICES 001-8080-576.49-90 210.00 FERGUSON ENTERPRISES INC EQUIP MAINT & REPAIR SERV 001-8080-576.31-20 1,841.96 HI-TECH ELECTRONICS INC FIRE ALARM TEST 001-8080-576.48-10 260.00 FIRE ALARM TEST 001-8080-576.48-10 300.00 FIRE ALARM TEST 001-8080-576.48-10 300.00 FIRE ALARM TEST 001-8080-576.48-10 535.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT DROZ - BOOT VOUCHER REIMB 001-8080-576.31-01 50.00 MUTT MITT PLASTICS 001-8080-576.31-20 4,791.16 OLYMPIC STATIONERS INC SUPPLIES 001-8080-576.31-01 94.47 PORT ANGELES POWER EQUIPMENT REPAIR SUPPLIES 001-8080-576.31-01 24.96 REPAIR SUPPLIES 001-8080-576.31-01 250.62 SUPPLIES 001-8080-576.31-01 770.95 SUPPLIES 001-8080-576.35-01 191.48 SUPPLIES 001-8080-576.31-01 232.32 PORT OF PORT ANGELES REAL PROPERTY,RENT/LEASE 001-8080-576.45-30 6,629.39 RAINBOW SWEEPERS, INC RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 788.80 RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 1,033.60 SWAIN'S GENERAL STORE INC PARTS 001-8080-576.31-20 (16.29) PARTS 001-8080-576.31-20 16.29 SUPPLIES 001-8080-576.31-20 16.29 SHOES AND BOOTS 001-8080-576.31-01 (391.76) SHOES AND BOOTS 001-8080-576.31-01 250.00 SHOES AND BOOTS 001-8080-576.31-01 391.76 SHOES AND BOOTS 001-8080-576.31-01 174.13 US BANK CORPORATE PAYMENT SYSTEM Chamber Luncheon-C Geyer 001-8080-576.43-10 18.00 Floating row frost covers 001-8080-576.31-20 756.06 Page 8 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 13 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BUREAU OF LAND MANAGEMENT WAOR106068034 001-8080-576.49-90 34.00 Parks Facilities Division Total:$22,475.10 Parks & Recreation Department Total:$33,234.95 FIRE CHIEF EQUIPMENT CO, INC SPRINKLER MAINTENANCE 001-8112-555.48-10 446.08 SPRINKLER MAINTENANCE 001-8112-555.48-10 745.28 HARTNAGEL BUILDING SUPPLY INC BUILDER'S SUPPLIES 001-8112-555.31-20 53.91 SWAIN'S GENERAL STORE INC SUPPLIES 001-8112-555.31-20 25.01 THURMAN SUPPLY SUPPLIES 001-8112-555.31-20 34.38 Senior Center Facilities Division Total:$1,304.66 ANGELES MILLWORK & LUMBER SUPPLIES 001-8131-518.31-20 46.24 SUPPLIES 001-8131-518.31-20 69.16 SUPPLIES 001-8131-518.31-20 93.45 DEPT OF LABOR & INDUSTRIES BUILDING MAINT&REPAIR SER 001-8131-518.49-90 93.20 FIRE CHIEF EQUIPMENT CO, INC SPRINKLER MAINTENANCE 001-8131-518.48-10 513.54 FIRE PROTECTION EQUIP/SUP 001-8131-518.48-10 154.94 FIRE PROTECTION EQUIP/SUP 001-8131-518.48-10 1,512.32 GLOBAL INDUSTRIAL EQUIPMENT REFRIGERATION EQUIPMENT 001-8131-518.31-20 271.12 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-01 (0.10) SUPPLIES 001-8131-518.31-01 0.10 PIPE FITTINGS 001-8131-518.31-20 6.47 ULINE, INC TAPE(NOT DP,SOUND,VIDEO) 001-8131-518.31-20 1,441.22 Central Svcs Facilities Division Total:$4,201.66 Facilities Maintenance Department Total:$5,506.32 General Fund Fund Total:$222,786.18 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 158.51 ALPINE PRODUCTS, INC MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 3,137.07 CITY OF SEATTLE UBIT SUPPORT 102-7230-542.41-50 11,994.57 CLEARSPAN FABRIC STRUCTURES BUILDING, FABRICATED 102-7230-542.31-20 60,173.98 FASTENAL INDUSTRIAL JANITORIAL SUPPLIES 102-7230-542.31-01 201.79 HARTNAGEL BUILDING SUPPLY INC HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 645.06 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 4,304.27 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - WATER BREAK 102-7230-542.31-01 55.50 MEAL TICKET - WATER BREAK 102-7230-542.31-01 55.50 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 102-7230-542.31-01 41.16 Page 9 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 14 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 102-7230-542.41-50 70.97 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 20.55 THURMAN SUPPLY AIR CONDITIONING & HEATNG 102-7230-542.31-20 238.49 US BANK CORPORATE PAYMENT SYSTEM Lodging-J Pozernick 102-7230-542.43-10 737.76 Lodging-R Jeffries 102-7230-542.43-10 737.76 Street Division Total:$82,572.94 Public Works-Street Department Total:$82,572.94 Street Fund Total:$82,572.94 CENTURYLINK-QWEST 02-02 A/C 360Z020380301B 107-5160-528.42-11 250.42 02-06 A/C 300539444 107-5160-528.42-11 72.93 ESCHAT COMMUNICATIONS/MEDIA SERV 107-5160-528.49-01 758.62 JAMESTOWN NETWORKS DATA PROC SERV &SOFTWARE 107-5160-528.42-12 510.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT 100% TUITION REIMBURSEMEN 107-5160-528.43-10 1,795.50 MISC TRAVEL I HARRINGTON-APCO/NENA FO 107-5160-528.43-11 333.63 PUBLIC SAFETY TESTING INC HUMAN SERVICES 107-5160-528.41-50 39.20 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 107-5160-528.31-01 1.37 THE SALES GROUP LAUNDRY TEXTILES& SUPPLIS 107-5160-528.31-80 528.17 FURNITURE, OFFICE 107-5160-528.31-80 7,632.69 TYLER TECHNOLOGIES, INC HUMAN SERVICES 107-5160-528.43-11 1,199.00 US BANK CORPORATE PAYMENT SYSTEM Headphone jack adapter-Pe 107-5160-528.31-01 17.39 Lodging-C Schraeder 107-5160-528.43-10 132.50 Lodging-M O'Connor 107-5160-528.43-10 132.50 Lodging-S Craig 107-5160-528.43-10 132.50 Lodging-K Hatton 107-5160-528.43-11 570.50 Desk Chair-PenCom Radio M 107-5160-528.31-01 40.21 Bottled water/napkins/pla 107-5160-528.43-10 13.84 HP 87A Toner-PenCom Recor 107-5160-528.31-01 254.86 Lunch-PenCom Assessment 107-5160-528.43-10 264.79 APCO Conf Reg-K Hatton 107-5160-528.43-11 342.00 VOIANCE LANGUAGE SERVICES, LLC MISC PROFESSIONAL SERVICE 107-5160-528.42-11 12.08 Pencom Division Total:$15,034.70 Pencom Department Total:$15,034.70 Pencom Fund Total:$15,034.70 Page 10 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 15 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount GOODMAN SANITATION EQUIP MAINT & REPAIR SERV 175-5260-524.41-50 116.18 US BANK CORPORATE PAYMENT SYSTEM Lodging-D Miller 175-5260-524.43-10 468.54 Code Enforcement Division Total:$584.72 Criminal Justice Department Total:$584.72 Code Compliance Enforcmt Fund Total:$584.72 HEWLETT-PACKARD COMPANY COMPUTER HARDWARE&PERIPHE 310-5950-594.65-10 580.74 N & N CONSTRUCTION BLDG CONSTRUC. SERVICES- 310-5950-594.65-10 22,222.92 Homeland Security Division Total:$22,803.66 Public Safety Projects Department Total:$22,803.66 SARGENT ENGINEERING, INC PIER OBS TOWER REPAIR 310-8985-594.65-10 4,881.00 CONSULTING SERVICES 310-8985-594.65-10 1,248.00 Misc Parks Projects Division Total:$6,129.00 Capital Proj-Parks & Rec Department Total:$6,129.00 Capital Improvement Fund Total:$28,932.66 BUILDERS EXCHANGE OF WA INC COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 1.35 COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 1.45 COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 45.00 INTERWEST CONSTRUCTION, INC. PW CONSTRUCTION & RELATED 312-7930-595.65-10 143,580.00 MISC ONE-TIME VENDORS PURCHASE OF TEMPORARY EAS 312-7930-595.65-10 200.00 VANIR CONSTRUCTION MGMT, INC RACE STREET COMPLETE 312-7930-595.65-10 19,825.00 RACE STREET COMPLETE 312-7930-595.65-10 5,540.00 GF-Street Projects Division Total:$169,192.80 Capital Projects-Pub Wks Department Total:$169,192.80 Transportation Benefit Fund Total:$169,192.80 ANIXTER ELECTRICAL CABLES & WIRES 401-0000-141.42-00 43,124.40 BORDER STATES INDUSTRIES INC FASTENERS, FASTENING DEVS 401-0000-141.41-00 1,607.28 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 396.75 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 583.15 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 783.20 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,163.75 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,390.09 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,838.59 ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 1,257.72 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 231.34 Page 11 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 16 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount CED/CONSOLIDATED ELEC DIST ELECTRICAL CABLES & WIRES 401-0000-141.41-00 1,922.18 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 131.46 FINAL BILL REFUND 401-0000-122.10-99 419.60 FINAL BILL REFUND 401-0000-122.10-99 0.57 FINAL BILL REFUND 401-0000-122.10-99 28.49 FINAL BILL REFUND 401-0000-122.10-99 29.01 FINAL BILL REFUND 401-0000-122.10-99 41.34 FINAL BILL REFUND 401-0000-122.10-99 55.29 FINAL BILL REFUND 401-0000-122.10-99 85.09 FINAL BILL REFUND 401-0000-122.10-99 134.01 FINAL BILL REFUND 401-0000-122.10-99 263.83 FINAL BILL REFUND 401-0000-122.10-99 358.04 FINAL CREDIT-202 CREEKSID 401-0000-122.10-99 272.43 FINAL CREDIT-2411 W 10TH 401-0000-122.10-99 276.41 FINAL BILL REFUND 401-0000-122.10-99 77.38 OLYMPIC ELECTRIC CO INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 23,653.12 Division Total:$80,124.52 Department Total:$80,124.52 AMAZON CAPITAL SERVICES ENGINEERING EQUIPMENT 401-7111-533.31-01 213.17 MISC TRAVEL V SMITH-NWPPA CONF 401-7111-533.43-10 145.00 US BANK CORPORATE PAYMENT SYSTEM Natl Electrical Safety Co 401-7111-533.31-01 287.77 Engineering-Electric Division Total:$645.94 BPA-POWER WIRES ELECTRICAL EQUIP & SUPPLY 401-7120-533.33-10 1,442,954.00 Power Systems Division Total:$1,442,954.00 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 341.78 AIRPORT GARDEN CENTER FEED,BEDDING,VIT-ANIMALS 401-7180-533.34-02 21.71 AMAZON CAPITAL SERVICES ENGINEERING EQUIPMENT 401-7180-533.31-01 852.68 JANITORIAL SUPPLIES 401-7180-533.31-01 238.32 ANIXTER ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 1,218.59 BILL'S PLUMBING & HEATING INC RENTAL/LEASE EQUIPMENT 401-7180-533.45-30 375.00 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 187.88 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 865.81 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 663.77 FASTENERS, FASTENING DEVS 401-7180-533.34-02 823.19 Page 12 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 17 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount CED/CONSOLIDATED ELEC DIST AIR CONDITIONING & HEATNG 401-7180-533.31-20 433.42 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 857.48 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 3,626.37 ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-20 433.42 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 401-7180-533.31-60 2,487.70 DR. PANZA LLC HEALTH RELATED SERVICES 401-7180-533.49-90 210.00 GRAINGER PLUMBING EQUIP FIXT,SUPP 401-7180-533.31-20 226.55 HEARTLINE AUTO & TRUCK MAINT. ITEMS 401-7180-533.35-01 1,067.55 KENNEDY, STEPHEN H. REAL PROPERTY,RENT/LEASE 401-7180-533.45-30 7,500.00 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 302.79 FIRE PROTECTION EQUIP/SUP 401-7180-533.35-01 240.35 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 249.97 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 330.64 MISC EMPLOYEE EXPENSE REIMBURSEMENT COMMERCIAL DRIVER LICENSE 401-7180-533.49-90 166.00 MISC TRAVEL K HAMAN-SUPERINTENDENTS M 401-7180-533.43-10 221.26 MURREY'S DISPOSAL CO, INC BUILDING MAINT&REPAIR SER 401-7180-533.47-10 560.96 MATERIAL HNDLING&STOR EQP 401-7180-533.41-50 271.79 NORTHWEST PUBLIC POWER ASSN HUMAN SERVICES 401-7180-533.43-10 1,040.00 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 401-7180-533.41-50 1,156.90 OLYMPIC ELECTRIC CO INC INSPECTION SERVICES 401-7180-533.41-50 339.30 INSPECTION SERVICES 401-7180-533.41-50 339.30 INSPECTION SERVICES 401-7180-533.41-50 339.30 INSPECTION SERVICES 401-7180-533.41-50 339.30 INSPECTION SERVICES 401-7180-533.41-50 339.30 ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 91.20 TESTING&CALIBRATION SERVI 401-7180-533.48-10 157.14 TESTING&CALIBRATION SERVI 401-7180-533.48-10 194.39 TESTING&CALIBRATION SERVI 401-7180-533.48-10 392.62 TESTING&CALIBRATION SERVI 401-7180-533.48-10 664.49 TESTING&CALIBRATION SERVI 401-7180-533.48-10 541.18 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 750.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 401-7180-533.42-10 102.70 SWAIN'S GENERAL STORE INC NURSERY STOCK & SUPPLIES 401-7180-533.34-02 48.97 Page 13 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 18 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 401-7180-533.31-01 65.63 TACOMA SCREW PRODUCTS INC FASTENERS, FASTENING DEVS 401-7180-533.34-02 179.56 ULINE, INC FURNITURE, OFFICE 401-7180-533.35-01 1,052.29 US BANK CORPORATE PAYMENT SYSTEM Shipping-oil samples 401-7180-533.42-10 19.47 1/2" spool of rope-riggin 401-7180-533.35-01 332.73 Delivery/return fee 401-7180-533.42-10 177.00 WADA transaction fee 401-7180-533.31-01 1.50 WSDA licensing fee-B Raym 401-7180-533.31-01 50.00 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 401-7180-533.49-90 24.09 Electric Operations Division Total:$33,513.34 Public Works-Electric Department Total:$1,477,113.28 Electric Utility Fund Total:$1,557,237.80 AMAZON CAPITAL SERVICES BUILDING MAINT&REPAIR SER 402-7380-534.31-20 159.93 CHEMICAL LAB EQUIP & SUPP 402-7380-534.31-01 81.27 OFFICE SUPPLY,INKS,LEADS 402-7380-534.31-01 199.38 ANGELES MILLWORK & LUMBER JANITORIAL SUPPLIES 402-7380-534.31-01 43.55 BACKFLOW APPARATUS & VALVE CO SCALES/WEIGHING APPARATUS 402-7380-534.41-50 350.61 CLALLAM CNTY DEPT OF HEALTH MISC PROFESSIONAL SERVICE 402-7380-534.41-50 352.00 GRAINGER AUTO & TRUCK MAINT. ITEMS 402-7380-534.31-20 100.79 MCMASTER-CARR SUPPLY CO FIRST AID & SAFETY EQUIP.402-7380-534.31-20 23.29 OLYMPIC LAUNDRY & DRY CLEANERS SALE SURPLUS/OBSOLETE 402-7380-534.31-01 21.78 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 402-7380-534.41-50 70.97 PLATT ELECTRIC SUPPLY INC AUTO & TRUCK ACCESSORIES 402-7380-534.35-01 434.39 PORT ANGELES POWER EQUIPMENT AUTO & TRUCK MAINT. ITEMS 402-7380-534.31-01 19.52 SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 269.00 SWAIN'S GENERAL STORE INC SUPPLIES 402-7380-534.31-01 41.21 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 73.80 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 18.41 MISCELLANEOUS PRODUCTS 402-7380-534.31-20 19.41 TMG SERVICES INC WATER SEWAGE TREATMENT EQ 402-7380-594.64-10 22,194.87 USA BLUEBOOK CHEMICAL LAB EQUIP & SUPP 402-7380-534.31-05 1,699.49 UTILITIES UNDERGROUND LOC MISCELLANEOUS SERVICES 402-7380-534.49-90 24.09 Page 14 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 19 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount CTR Water Division Total:$26,197.76 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 402-7382-534.31-20 37.57 MCMASTER-CARR SUPPLY CO FIRST AID & SAFETY EQUIP.402-7382-534.31-20 860.45 Industrial Water Treatmnt Division Total:$898.02 Public Works-Water Department Total:$27,095.78 Water Utility Fund Total:$27,095.78 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (29.52) CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (20.08) CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (14.83) Division Total:($64.43) Department Total:($64.43) AMAZON CAPITAL SERVICES EQUIP MAINT & REPAIR SERV 403-7480-535.35-01 692.97 FIRE PROTECTION EQUIP/SUP 403-7480-535.31-01 572.82 ANGELES MILLWORK & LUMBER METALS,BARS,PLATES,RODS 403-7480-535.35-01 11.89 ROAD/HWY MAT NONASPHALTIC 403-7480-535.31-20 160.21 CENTER ELECTRIC, INC ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 2,861.62 EDGE ANALYTICAL WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 56.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 108.00 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 56.00 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 210.60 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 59.40 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 403-7480-535.31-20 40.71 HOSP SURG ACCES & SUNDRIS 403-7480-535.31-01 454.09 FEDERAL EXPRESS CORP SHIPPING CHARGES 403-7480-535.42-10 35.02 SHIPPING CHARGES 403-7480-535.42-10 32.03 SHIPPING CHARGES 403-7480-535.42-10 35.27 SHIPPING CHARGES 403-7480-535.42-10 38.23 SHIPPING CHARGES 403-7480-535.42-10 136.17 FERGUSON ENTERPRISES INC PARTS 403-7480-535.31-20 205.35 PARTS 403-7480-535.31-01 313.34 PARTS 403-7480-535.31-20 244.30 PARTS 403-7480-535.31-20 187.95 PIPE AND TUBING 403-7480-535.31-20 1,368.73 WATER SEWAGE TREATMENT EQ 403-7480-594.65-10 2,322.14 Page 15 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 20 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount FIRE CHIEF EQUIPMENT CO, INC FIRE PROTECTION EQUIP/SUP 403-7480-535.41-50 860.31 GRAINGER PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 129.13 GRANICH ENGINEERED PRODUCTS INC PUMPS & ACCESSORIES 403-7480-535.31-20 3,219.09 HARBOR FREIGHT TOOLS MATERIAL HNDLING&STOR EQP 403-7480-535.35-01 91.76 HARTNAGEL BUILDING SUPPLY INC AUTO SHOP EQUIPMENT & SUP 403-7480-535.35-01 141.17 ROAD/HWY MAT NONASPHALTIC 403-7480-535.31-20 66.35 JOHNSON CONTROLS SECURITY SOLUTIONS CONSULTING SERVICES 403-7480-535.41-50 369.21 MISC EMPLOYEE EXPENSE REIMBURSEMENT BOOT REIMBURSEMENT FAMILY 403-7480-535.31-01 300.00 MISC TRAVEL N DAILING-DELIVER PUMP TO 403-7480-535.43-10 19.75 NAPA AUTO PARTS CHEMICAL, COMMERCIAL,BULK 403-7480-535.31-01 155.16 STEAM & HOT WATER FITTING 403-7480-535.31-20 71.72 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 361.27 CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 181.46 CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 245.74 NORTHWEST PUMP AND EQUIPMENT CO WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 2,132.42 PUMPS & ACCESSORIES 403-7480-535.31-20 3,611.68 OLYMPIC STATIONERS INC SUPPLIES 403-7480-535.31-01 242.05 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 403-7480-535.41-50 70.97 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-20 311.55 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 987.49 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,667.71 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,684.07 POLYDYNE INC WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,666.26 PORT ANGELES CITY TREASURER POSTAGE 403-7480-535.42-10 8.56 POSTAGE 403-7480-535.42-10 35.28 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 413.79 SWAIN'S GENERAL STORE INC BOOT ALLOWANCE 403-7480-535.31-01 212.02 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 108.62 SHOES AND BOOTS 403-7480-535.31-01 152.35 SHOES AND BOOTS 403-7480-535.31-01 197.81 MATERIAL HNDLING&STOR EQP 403-7480-535.31-01 110.78 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 425.06 Page 16 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 21 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount TENELCO MISCELLANEOUS SERVICES 403-7480-535.47-10 4,133.92 MISCELLANEOUS SERVICES 403-7480-535.47-10 4,168.33 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 245.82 PIPE FITTINGS 403-7480-535.31-20 44.89 US BANK CORPORATE PAYMENT SYSTEM PNPW Reg-D Freed 403-7480-535.43-10 550.00 Calibration cup-diffusion 403-7480-535.31-20 22.69 Woodford yard hydrant 403-7480-535.31-20 391.32 Lodging-D Freed 403-7480-535.43-10 563.10 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 403-7480-535.49-90 24.09 WALTER E NELSON CO JANITORIAL SUPPLIES 403-7480-535.31-01 560.01 Wastewater Division Total:$44,157.60 Public Works-Wastewater Department Total:$44,157.60 Wastewater Utility Fund Total:$44,093.17 AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.404-7538-537.31-01 146.11 FIRST AID & SAFETY EQUIP.404-7538-537.31-01 96.00 ANGELES MILLWORK & LUMBER BUTCHER SHOP & MEAT EQUIP 404-7538-537.31-20 18.04 FASTENERS, FASTENING DEVS 404-7538-537.31-20 5.75 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 404-7538-537.31-20 2,439.36 ELECTRONIC COMPONENTS 404-7538-537.31-20 58.81 CLALLAM CNTY SOLID WASTE DEPT BLDG CONSTRUC. SERVICES- 404-7538-537.49-90 2,384.38 MISC EMPLOYEE EXPENSE REIMBURSEMENT JANUARY MILEAGE REIMBURSE 404-7538-537.31-01 42.97 JANUARY MILEAGE REIMBURSE 404-7538-537.31-01 56.72 JANUARY MILEAGE REIMBURSE 404-7538-537.31-01 199.78 JANUARY MILEAGE REIMBURSE 404-7538-537.43-10 22.27 MEAL TICKET - OVERTIME - 404-7538-537.31-01 55.50 MEAL TICKET - OVERTIME - 404-7538-537.31-01 55.50 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 404-7538-537.31-20 1,107.65 RABANCO, LTD RECYCLING CHARGES 404-7538-537.41-51 33,755.32 REGIONAL DISPOSAL COMPANY LANDFILL CHARGES 404-7538-537.41-51 17,934.26 LANDFILL CHARGES 404-7538-537.41-51 352,335.49 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 404-7538-537.31-01 343.56 THURMAN SUPPLY HOSES, ALL KINDS 404-7538-537.35-01 6.03 US BANK CORPORATE PAYMENT SYSTEM Veh license fee #2282 404-7538-537.45-21 63.59 Page 17 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 22 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BANK CORPORATE PAYMENT SYSTEM Airfare-J Sage 404-7538-537.43-10 467.80 SW - Transfer Station Division Total:$411,594.89 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 158.54 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 404-7580-537.41-50 70.96 SWAIN'S GENERAL STORE INC CLOTHING ACCESSORIES(SEE 404-7580-537.31-01 18.37 FIRST AID & SAFETY EQUIP.404-7580-537.31-01 58.69 Solid Waste-Collections Division Total:$306.56 Public Works-Solid Waste Department Total:$411,901.45 Solid Waste Utility Fund Total:$411,901.45 AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.406-7412-538.31-01 75.03 ANGELES MILLWORK & LUMBER AUTO & TRUCK ACCESSORIES 406-7412-538.35-01 273.38 HAND TOOLS ,POW&NON POWER 406-7412-538.31-01 52.79 TAPE(NOT DP,SOUND,VIDEO) 406-7412-538.31-20 41.68 JANITORIAL SUPPLIES 406-7412-538.31-01 33.73 CLALLAM CNTY DIV OF ENV HEALTH WATER TESTING 406-7412-538.41-50 595.00 ESRI INC DATA PROC SERV &SOFTWARE 406-7412-538.48-02 6,534.00 HARTNAGEL BUILDING SUPPLY INC AUTO & TRUCK MAINT. ITEMS 406-7412-538.35-01 184.61 KPFF CONSULTING ENGINEERS DECANT FACILITY SUPPORT 406-7412-538.41-50 15,254.03 PORT ANGELES POWER EQUIPMENT CHEMICAL LAB EQUIP & SUPP 406-7412-538.35-01 396.36 RAINBOW SWEEPERS, INC SEED,SOD,SOIL&INOCULANT 406-7412-538.31-20 761.60 SHI INTERNATIONAL CORP COMPUTERS,DP & WORD PROC. 406-7412-538.48-02 329.20 THURMAN SUPPLY CONCRETE & METAL CULVERTS 406-7412-538.31-20 35.21 MATERIAL HNDLING&STOR EQP 406-7412-538.35-01 41.36 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 406-7412-538.49-90 24.09 Stormwater Division Total:$24,632.07 Public Works-Wastewater Department Total:$24,632.07 Stormwater Utility Fund Total:$24,632.07 CLALLAM CNTY EMS MEMBERSHIPS 409-6025-526.41-50 1,125.00 EMSCONNECT MEMBERSHIPS 409-6025-526.43-10 267.00 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-01 38.07 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 27.57 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 27.75 Page 18 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 23 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount PEN PRINT INC PRINTING,SILK SCR,TYPSET 409-6025-526.31-01 59.84 SWAIN'S GENERAL STORE INC SALE SURPLUS/OBSOLETE 409-6025-526.31-01 36.99 SYSTEMS DESIGN WEST, LLC EMS BILLING-DECEMBER 409-6025-526.41-50 2,857.08 US BANK CORPORATE PAYMENT SYSTEM Lodging-A DeFilippo 409-6025-526.41-10 189.40 Lodging-E Grossell 409-6025-526.41-10 387.21 Airfare-T Carlson 409-6025-526.43-10 552.80 Storage rack 409-6025-526.31-01 239.57 Bunker gear bags (3) 409-6025-526.31-01 149.97 Fit testing solution 409-6025-526.31-13 57.39 Medicare enrollment reval 409-6025-526.41-50 688.00 Storage rack 409-6025-526.31-01 239.57 CPR training supplies 409-6025-526.31-08 900.80 A&P course-S Harik 409-6025-526.43-10 225.00 BLS course-Clark/Banning/409-6025-526.43-10 110.98 Paramedic exam fee-C Buts 409-6025-526.41-10 75.00 ZIEGLER APPAREL UNIFORM SHIRTS 409-6025-526.20-80 1,414.40 UNIFORM SHIRTS 409-6025-526.20-80 54.62 Medic I Division Total:$9,724.01 Fire Department Total:$9,724.01 Medic I Utility Fund Total:$9,724.01 INTEGRAL CONSULTING, INC HARBOR CLEANUP 413-7481-535.41-50 937.50 Wastewater Remediation Division Total:$937.50 Public Works-Wastewater Department Total:$937.50 Harbor Clean Up Fund Total:$937.50 ALL WEATHER HEATING AND COOLING AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 200.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 ALPHA BUILDER CORPORATION AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 BUILDER'S SUPPLIES 421-7121-533.49-86 732.36 DAVE'S HEATING & COOLING SVC AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 450.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 PENINSULA HEAT INC AIR CONDITIONING & HEATNG 421-7121-533.49-86 6,000.00 Conservation Division Total:$12,182.36 Page 19 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 24 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount Public Works-Electric Department Total:$12,182.36 Conservation Fund Total:$12,182.36 KVA ELECTRIC, INC EQUIP MAINT & REPAIR SERV 451-7188-594.65-10 132,991.68 Electric Projects Division Total:$132,991.68 Public Works-Electric Department Total:$132,991.68 Electric Utility CIP Fund Total:$132,991.68 KPFF CONSULTING ENGINEERS DECANT FACILITY SUPPORT 452-7388-594.65-10 1,871.88 Water Projects Division Total:$1,871.88 Public Works-Water Department Total:$1,871.88 Water Utility CIP Fund Total:$1,871.88 2 GRADE, LLC RELEASE RETAINAGE 453-0000-223.40-00 1,880.55 Division Total:$1,880.55 Department Total:$1,880.55 HDR ENGINEERING, INC CONSULTING SERVICES 453-7488-594.65-10 11,163.75 KPFF CONSULTING ENGINEERS DECANT FACILITY SUPPORT 453-7488-594.65-10 10,000.00 Wastewater Projects Division Total:$21,163.75 Public Works-Wastewater Department Total:$21,163.75 WasteWater Utility CIP Fund Total:$23,044.30 KPFF CONSULTING ENGINEERS DECANT FACILITY SUPPORT 456-7688-594.65-10 25,000.00 Stormwater Util CIP Projs Division Total:$25,000.00 Public Works Department Total:$25,000.00 Stormwtr Util Projects Fund Total:$25,000.00 AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 115.40 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 13,010.57 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 47.89 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 108.57 AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 10.19 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 71.72 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 261.36 DOBBS PETERBILT INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 218.98 DON SMALL & SONS OIL DIST CO. AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,345.71 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 2,106.99 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (1,345.71) AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 767.01 Page 20 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 25 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount DON SMALL & SONS OIL DIST CO. AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 755.93 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,033.39 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (85.08) HI-LINE ELECTRIC CO, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 212.47 NAPA AUTO PARTS AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 34.15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 99.09 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 9.54 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 220.14 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 58.68 OWEN EQUIPMENT AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 92.28 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 228.32 PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 147.45 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 384.38 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 20.21 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 226.08 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 813.24 PRICE FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 82.36 SIRENNET.COM AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 876.05 TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 175.65 Division Total:$22,103.01 Department Total:$22,103.01 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 185.84 ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 6.51 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.49 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 21.68 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 17.02 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 16.29 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 560.27 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (250.47) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 40.33 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 52.47 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (71.87) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 446.44 COPY CAT GRAPHICS & SIGNS AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 863.37 Page 21 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 26 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount DAREN'S POINT S EXTERNAL LABOR SERVICES 501-7630-548.34-02 21.73 EXTERNAL LABOR SERVICES 501-7630-548.34-02 21.73 DOBBS PETERBILT INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 2,229.21 FAR-WEST MACHINE & HYDRAULICS AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 230.94 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 22.72 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 53.14 HERMANN BROS LOGGING & CONST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 16.34 IIA LIFTING SERVICES, INC AERIAL SAFETY INSPECTIONS 501-7630-548.34-02 1,950.40 LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 857.43 EXTERNAL LABOR SERVICES 501-7630-548.34-02 29.40 EXTERNAL LABOR SERVICES 501-7630-548.34-02 147.00 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 185.02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 5.86 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 33.76 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 199.59 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 48.22 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 565.86 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (108.90) ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 501-7630-548.41-50 70.96 OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 377.26 PRICE FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 681.90 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 146.69 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 63.38 SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,395.39 THURMAN SUPPLY AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 196.13 TRAFFIC SAFETY SUPPLY CO SHIPPING AND HANDLING 501-7630-548.34-02 139.39 US BANK CORPORATE PAYMENT SYSTEM Allison Transmission Soft 501-7630-548.48-02 587.52 Good To Go Pool Veh accou 501-7630-548.49-90 60.00 Equipment Services Division Total:$12,136.44 Public Works Department Total:$12,136.44 Equipment Services Fund Total:$34,239.45 ASTOUND BROADBAND 001 A/C 3401-1039516-01 502-2081-518.42-12 8,040.24 COMMUNICATIONS/MEDIA SERV 502-2081-518.42-12 15,567.75 Page 22 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 27 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount CENTURYLINK-QWEST 02-05 A/C 206Z050031846B 502-2081-518.42-10 3,110.72 CONVERGE TECHNOLOGY SOLUTIONS CONSULTING SERVICES 502-2081-518.48-02 4,908.95 PACIFIC OFFICE EQUIPMENT INC COPY CREDITS 502-2081-518.45-31 (43.51) OFFICE MACHINES & ACCESS 502-2081-518.45-31 1,522.23 OFFICE MACHINES & ACCESS 502-2081-518.45-31 575.64 SHI INTERNATIONAL CORP DATA PROC SERV &SOFTWARE 502-2081-518.48-02 200,257.37 SOUND PUBLISHING INC JOB ADVERTISING 502-2081-518.44-10 80.76 US BANK CORPORATE PAYMENT SYSTEM Lodging reservation-T Wee 502-2081-518.43-10 154.57 Certificate Renewal 502-2081-518.48-02 824.81 Phone screen protectors 2 502-2081-518.31-60 157.81 Satellite Internet-Fire E 502-2081-518.42-10 120.00 Phone case/otter box defe 502-2081-518.31-60 106.40 Cell phone cases (22) 502-2081-518.31-60 573.32 AA/AAA batteries (4pkgs) 502-2081-518.31-01 91.43 Door stopper/wall mount 502-2081-518.35-01 28.04 VERIZON WIRELESS 01-15 A/C 842160242-00003 502-2081-518.42-10 1,631.97 01-15 A/C 842160242-00004 502-2081-518.42-10 5,077.02 01-15 A/C 842160242-0001 502-2081-518.42-10 3,488.57 01-22 A/C 571136182-00001 502-2081-518.42-10 (71.82) 02-05 A/C 542276284-00001 502-2081-518.42-10 71.82 Information Technologies Division Total:$246,274.09 SOFTRESOURCES LLC CONSULTING SERVICES 502-2082-594.65-10 2,756.25 TYLER TECHNOLOGIES, INC DATA PROC SERV &SOFTWARE 502-2082-594.65-10 1,440.00 DATA PROC SERV &SOFTWARE 502-2082-594.65-10 4,320.00 DATA PROC SERV &SOFTWARE 502-2082-594.65-10 7,200.00 IT Capital Projects Division Total:$15,716.25 Finance Department Total:$261,990.34 Information Technology Fund Total:$261,990.34 HSA BANK EMPLOYER CONTRIBUTION 503-1631-517.46-30 1,600.00 REDQUOTE, INC. HRA REIMBURSEMENT 503-1631-517.46-30 2,839.95 HRA REIMBURSEMENT 503-1631-517.46-30 3,890.96 HRA REIMBURSEMENT 503-1631-517.46-30 1,010.05 HRA REIMBURSEMENT 503-1631-517.46-30 3,277.02 HRA REIMBURSEMENT 503-1631-517.46-30 1,686.18 Page 23 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 28 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount US BANK CORPORATE PAYMENT SYSTEM Wellness Prize 503-1631-517.41-51 50.00 Other Insurance Programs Division Total:$14,354.16 MISC CLAIM SETTLEMENTS IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 510.57 IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 4,519.26 Comp Liability Division Total:$5,029.83 Self Insurance Department Total:$19,383.99 Self-Insurance Fund Total:$19,383.99 AFSCME LOCAL 1619 PAYROLL SUMMARY 920-0000-231.54-40 545.00 BROWN & BROWN OF WASHINGTON PAYROLL SUMMARY 920-0000-231.53-40 2,057.32 CHAPTER 13 TRUSTEE CASE #21-10696 920-0000-231.56-90 358.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-10 632.43 PAYROLL SUMMARY 920-0000-231.52-20 25,289.31 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 88,181.21 PENSIONER'S PAYROLL TAX 920-0000-231.50-10 207.63 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 113,061.30 FIREFIGHTER'S LOCAL 656 PAYROLL SUMMARY 920-0000-231.54-30 2,871.70 HSA BANK EMPLOYEE CONTRIBUTION 920-0000-231.52-40 4,730.98 PAYROLL SUMMARY 920-0000-231.53-11 1,050.00 PAYROLL SUMMARY 920-0000-231.53-12 257.73 IBEW LOCAL 997 PAYROLL SUMMARY 920-0000-231.54-20 2,117.74 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 1,655.54 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 36,845.85 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 31,678.17 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 1,520.83 PERS PAYROLL SUMMARY 920-0000-231.51-12 63.11 PAYROLL SUMMARY 920-0000-231.51-10 722.17 PAYROLL SUMMARY 920-0000-231.51-11 16,971.04 PAYROLL SUMMARY 920-0000-231.51-12 92,497.43 POLICE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-10 383.00 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 178.99 WSCCCE AFSCME AFL-CIO PAYROLL SUMMARY 920-0000-231.54-40 (741.00) PAYROLL SUMMARY 920-0000-231.54-40 6,835.62 Page 24 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 29 City of Port Angeles City Council Expenditure Report Between Feb 10, 2024 and Feb 23, 2024 Vendor Description Account Number Amount Division Total:$429,971.10 Department Total:$429,971.10 Payroll Clearing Fund Total:$429,971.10 Total for Checks Dated Between Feb 10, 2024 and Feb 23, 2024 $3,535,400.88 Page 25 of 25 Feb 27, 2024 1:10:59 PMMarch 5, 2024 E - 30 Date: March 5, 2024 To: City Council From: Derrell Sharp, Fire Chief Subject: Stryker Preventative Maintenance Contract for Lucas Mechanical CPR Devices Background / Analysis: Application of a mechanical CPR device is an industry best practice for out of hospital cardiac arrest resuscitation. Mechanical CPR devices improve Cardiopulmonary Resuscitation outcomes by improving the quality of chest compressions and reduce chest compression interruptions during resuscitation. Additionally, mechanical CPR devices improve pre-hospital care provider safety by reducing the occasions where providers unrestrained by seat belts due to ongoing manual chest compressions during transport. To help ensure the continued dependability of each Lucas device, the Fire Department relies upon certified biomedical technicians to perform routine preventative maintenance and repairs. The primary goal of preventative maintenance is to ensure machines operate per manufacturer specifications and remain in reliable working order. Funding: This contract is a three-year extension of the Fire Department’s current Lucas Preventative Maintenance Contract. The annual cost of service has been included in the 2024 budget. The department is receiving a 15% discount for the multi-year contract. Attachment A: Stryker Preventative Maintenance Contract Attachment B: Appendix 3 – PROCARE Services – Terms and Conditions Summary: The Port Angeles Fire Department placed into operation three Lucas Mechanical CPR devices back in 2020. The Lucas devices are expensive, complex and require annual inspection and preventative maintenance. The contract with Stryker for the preventative maintenance of three Lucas Mechanical CPR devices is up for renewal. The contract extension will cover all inspections and planned maintenance, as well as any required service, repairs or replacement of parts through February of 2027. Funding: The total cost of the contract over the three -year period is $13,150.35 and includes a 15% discount for the multi -year contract that will be invoiced in annual installments of $4,383.45. Funding in the amount of $4,383.45 is built into the 2024 budget and will be included in the 2025 and 2026 budgets. Recommendation: Authorize the City Manager to sign the three-year Preventative Maintenance Contract and make minor modifications as necessary. March 5, 2024 E - 31 Quote Summary Delivery Address   Sold To - Shipping   Bill To Account   Name:   PORT ANGELES FIRE DEPT   Name:   PORT ANGELES FIRE DEPT   Name:   PORT ANGELES FIRE DEPT    Account #:   20028638   Account #:   20028638   Account #:   20028638    Address:   102 EAST 5TH   Address:    102 EAST 5TH Address:   102 EAST 5TH    PORT ANGELES    PORT ANGELES   PORT ANGELES    Washington 98362    Washington 98362   Washington 98362   ProCare Products: #Product   Description   Months Qty Discount %   Sell Price   Total    1.0 LUCAS-FLD-PROCARE PROCARE-SVC-LUCAS-FIELD-REPAIR  √ Parts, Labor, Travel √ Preventative Maintenance √ Batteries Service    36 3 15.0%$4,383.45 $13,150.35  Price Totals:   Grand Total:$13,150.35 Comments/Terms/Signatures __________________________________________________ Authorized Customer Signer (Printed)            Date    __________________________________________________ Authorized Customer Signature                     Date     __________________________________________________ Stryker Authorized Signature (Printed)           Date     __________________________________________________ Stryker Authorized Signature                         Date     PREVENTATIVE MAINTENANCE Quote Number:   10867365   Remit to:   Version:   1    Prepared For:   PORT ANGELES FIRE DEPT    Rep:   Attn:     Email:   Phone Number:   GPO:   CUSTOMER CONTRACT Service Rep:   Quote Date:   02/09/2024   Email:   Stryker Medical   P.O. Box 93308   Chicago, IL  60673-3308   Seth Shelton   seth.shelton@stryker.com   Tom Winstel     Expiration Date:   03/10/2024   Contract Start: Contract End: 02/17/2024  02/16/2027  1  Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308March 5, 2024 E - 32 __________________________________________________ Purchase Order  Number   Service Terms and Conditions: The Terms and Conditions of this quote and any subsequent purchase order of the Customer are governed by the Terms and Conditions located at https://techweb.stryker.com The terms and conditions referenced in the immediately preceding sentence do not apply where Customer and Stryker are parties to a Master Service Agreement. PREVENTATIVE MAINTENANCE Quote Number:   10867365   Remit to:   Version:   1    Prepared For:   PORT ANGELES FIRE DEPT    Rep:   Attn:     Email:   Phone Number:   GPO:   CUSTOMER CONTRACT Service Rep:   Quote Date:   02/09/2024   Email:   Stryker Medical   P.O. Box 93308   Chicago, IL  60673-3308   Seth Shelton   seth.shelton@stryker.co m    Expiration Date:   03/10/2024   Contract Start: Contract End: 02/17/2024  02/16/2027  2  Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308March 5, 2024 E - 33 Starting Balance:     $13,150.35       Date Payment Balance 02/17/2024 $4,383.45 $8,766.90 02/17/2025 $4,383.45 $4,383.45 02/17/2026 $4,383.45 $         -   Payment Schedule 3March 5, 2024 E - 34 Equipment Service Plan Line Item #   Model   Serial #   1.0 PROCARE-SVC-LUCAS-FIELD-REPAIR 3519I330 1.0 PROCARE-SVC-LUCAS-FIELD-REPAIR 3519H511 1.0 PROCARE-SVC-LUCAS-FIELD-REPAIR 3519I331 4 March 5, 2024 E - 35 Purchase Order Form Account Manager Cell Phone Check box if Billing same as Shipping BILL TO !!,!,lling Account Num �<;>mpany Name ,.. Contact or Department ,..., Street Address r' Addt'I Address Line ""' City, ST ZIP .. , Phone Authorized Customer Initials DESCRIPTION REFERENCE QUOTE 1.._ ___ _,1 □ CUSTOMER# Accounts Payable Contact Information Name Email Phone Authorized Customer Signature Printed Name Title Signature Date Attachment Stryker Quote Number ·-·- ·-·- QlY I I stryker® SHIP TO Purchase Order Date Expected De livery Date Stryker Quote Number ��ipping Account Num $.ompany Name �.ontact or De partment Street Address Addt'I Address Line .... ,S:,itv, ST ZIP Phone Authorized Customer Initials TOTAL CUSTOMER# I Stryker Terms and Conditions www.stryker.com/stnc ·-·-·-·-·- *Sales or use taxes on domestic (USA} deliveries will be invoiced in addition to the price of the goods and services on the Stryker Quote. March 5, 2024 E - 36 Page 1 of 10 STANDARD TERMS OF SALE (US) 1. General. All sales of Products distributed by Stryker in the United States are subject to the following terms and conditions. In these “Standard Terms of Sale”, “Stryker” means Stryker Corporation and any of its affiliates providing Products to Customer, goods and services sold by Stryker are referred to as “Products”, and the purchaser of the Products is referred to as the “Customer.” Stryker and Customer are herein collectively referred to as “Parties”. 2. Price and Taxes. 2.1. Prices shown on Stryker invoices are net of discounts provided at the time of purchase and Products listed on an invoice may be subject to additional rebates or discounts, for which separate documentation is provided by Stryker. Customer must: (i) claim the value of all rebates or discounts in Customer’s fiscal year earned or the immediately following fiscal year; (ii) properly report and appropriately reflect and allocate prices paid net of all discounts and rebates in Medicare/Medicaid cost reports and all claims for payment filed with third party payors as required by law or contract; and (iii) provide agents of the U.S. or a state agency with access to all information from Stryker concerning discounts and rebates upon request. 2.2. Stryker’s price does not include sales, use, value added, franchise, gross receipts, profits, excise, privilege, occupation, personal property, withholding and all other federal, state or local or foreign taxes, import or customs fees and duties associated with an order, however designated (collectively, “Taxes”). Customer will be liable for all Taxes, whether or not Stryker invoices Customer for such Taxes (unless Customer will provide Stryker at the time an order is submitted with an exemption certificate or other documents acceptable to taxing or customs authorities). 3. Payment Terms. Unless otherwise provided on Stryker’s invoice, invoices must be paid in full by Customer (30 days after the date of Stryker’s invoice. Any amount not paid on time will be subject to a late fee of 1.5% per month prorated (18% per annum), or the maximum interest rate allowable by law, whichever is the highest. Stryker, in its sole discretion, reserves the right to change terms of payment and/or discontinue further shipments or suspend services, without prejudice to any other lawful remedy, in the event that: (i) the sale would cause to be exceeded any credit limit that Stryker will have extended to Customer under Section 4 below; (ii) if at any time Stryker determines that Customer’s financial condition or credit rating does not justify a sale on credit; or (iii) Customer is at any time in default in any indebtedness or obligation that Customer owes to Stryker. Stryker may require advance payment or may ship C.O.D. Payment must be made to Stryker at the location designated in Stryker’s invoice. Customer must notify Stryker in writing of any disputed invoice within 15 days of its receipt. The writing must provide Stryker with sufficient detail regarding the basis and amount of the dispute. If Customer does not dispute an invoice within 15 days of its receipt, such invoice will be deemed to have been approved and accepted by Customer. 4. Credit Policies. Based upon Customer’s financial position and payment history, Stryker may, in Stryker’s sole discretion, assign Customer a credit limit. Customer’s total pending orders and outstanding accounts payable to Stryker must remain within the amount of the credit limit. Stryker may at any time, in Stryker’s sole discretion, modify or discontinue Customer’s credit limit or modify Stryker’s credit terms and other credit policies. Neither this paragraph nor any other provision of these Standard Terms of Sale makes Customer a dealer or distributor of Stryker or obligates Stryker to sell any Products to Customer. 5. Delivery, Title and Risk of Loss. Unless otherwise provided on an invoice, or except for Products purchased on a consignment basis, all Products purchased directly from Stryker will be shipped F.O.B Origin, freight, insurance and handling prepaid and added to the invoice. Title and risk of loss transfer to Customer upon Stryker’s delivery of the Products to a common carrier. Shipping and delivery dates are estimates only, and time is not of the essence. Stryker may ship all the Products at one time or in portions. Stryker will have the right to determine the method of shipment and routing of the Products, unless Stryker agrees otherwise in writing. All Products will be shipped to the address indicated in the “ship to” portion of Customer’s purchase order. Stryker reserves the right to refuse to ship the Products to third parties. 6. Consignment and Loaned Instrumentation. To the extent Products are consigned or loaned to Customer, the additional terms and conditions set forth in in Appendix 1 hereto will apply. 7. Stryker Communications Products. To the extent Products purchased by Customer include equipment and installation services provided by Stryker’s Communications division, the additional terms and conditions set forth in in Appendix 2 hereto will apply. 8. Trade-in Equipment. Any trade-in discount reflected on an invoice is an additional discount given by Stryker as a result of trade-in equipment remitted to Stryker by Customer at Customer’s request. Customer transfers and delivers unto Stryker all of Customer’s rights, title and interest in and to such trade-in equipment and all trade-in equipment must be shipped to the address designated by Stryker within the time period agreed to by the Parties. All trade-in equipment must be appropriately packaged, consistent with Stryker’s instructions or if such instructions have not been provided, with good commercial practice. Customer assumes responsibility for shipment of trade-in equipment to Stryker and for risk of loss or damage during shipment. Trade-in equipment must be accompanied by a copy of the purchase order or the trade-in order number. Failure to return trade-in equipment in accordance with these instructions may result in forfeiture of the trade-in discount, for which Stryker will bill Customer, to be paid by Customer in accordance with Section 3. 9. Product Training. Stryker may provide technical training, including both initial training for new users and supplemental training for existing users, as needed to promote the safe and effective use of its Products sold to Customer. Such technical training will be provided for any health care practitioner who uses or intends to use the Product and is employed by, or is on the active medical staff of, Customer. If Stryker provides the technical training to a health care professional, it may pay for or reimburse the reasonable expenses, including March 5, 2024 E - 37 Page 2 of 10 meals, lodging and transportation, actually incurred by eligible recipients in connection with the technical training provided under this paragraph. Such training is not deemed a condition precedent to sale of the Products or Customer’s acceptance thereof. 10. Warranties, Return Policies and Maintenance. 10.1. In addition to Stryker’s current standard Product warranties, if applicable, Stryker warrants that: (i) it has good title to Products shipped directly to Customer, free of all liens, claims and encumbrances; and (ii) the Products, at the time of sale, meet applicable FDA clearance or approval (as applicable) necessary for commercial sale. Notwithstanding the foregoing clause (i), Customer agrees that Stryker will retain a purchase money security interest in the Products, and to any proceeds from the disposition of such Products, until the purchase price and other charges due Stryker have been paid in full. Upon any default by Customer hereunder, Stryker will have any and all rights and remedies of secured party under the Uniform Commercial Code which right will be cumulative. 10.2. THE EXPRESS WARRANTIES SET FORTH IN SECTION 10.1 AND STRYKER’S STANDARD PRODUCT WARRANTY ARE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS SOLD TO CUSTOMER AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRIGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 10.3. Products returned by Customer for credit, replacement and/or repair will be in accordance Stryker’s applicable return policy. 10.4. Stryker’s standard Product warranties and return policies can be found at www.stryker.com/returnpolicy. Stryker’s Product warranties apply only to (i) the original end-user purchaser of Products directly from Stryker or its authorized distributors and (ii) Products manufactured by Stryker. Unless otherwise agreed to in writing by Stryker, non-Stryker Products are sold “as-is” with no warranty of any kind, express or implied. 10.5. In addition to Stryker’s standard Product warranties, service plans for repairs and maintenance may be purchased at any time for a number of Stryker’s capital equipment Products. These special service plans cover repair and/or maintenance that the designated piece of equipment may require during the term of the service plan contract. Specific service plan details are available through your local Stryker sales representative. Stryker’s service plan terms and conditions are set forth in Appendix 3 hereto. 10.6. Customer agrees that Stryker may monitor use of the Products, and services provided through the Products, by Customer and users and collect and use Stryker Data, including to compile information related to the provision, operation or use of a Product, facilitate the provision of support, consulting, training and other services, and verify compliance with the terms of this Agreement. Stryker may use and make publicly available, Stryker Data to the extent and in the manner permitted under applicable law. Stryker owns Stryker Data, and Customer grants Stryker a non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer’s Content incorporated within the Stryker Data. “Stryker Data” means any data relating to or arising from the business operations or plans, services and products of Stryker or the performance or use of the Products or that may aide Stryker in optimizing resources and support; may be used to improve products or services, may be used in research and development regarding products or services; may be used in verification of security and data integrity of products or services or in resource planning, industry trends, benchmarking, or contract administration (e.g., data used for sales compensation), and any Personal Information that is aggregated and not identified or identifiable to any individual. 11. Software License. 11.1. Certain Products contain software that is installed into the Products by Stryker. Stryker owns this software and each sale of a software-containing Product is not a sale of such software; it includes only a license to use the software in the Product in which the software was initially installed solely in accordance with the documentation provided with such Product. The license for any such software may be embedded in the equipment, the product documentation or available on https://www.stryker.com/us/en/legal/it.html and shall automatically apply to such product on first use of the product. ANY SOFTWARE LICENSE PROVIDED BY STRYKER DOES NOT EXTEND TO ANY MAINTENANCE OR SERVICE SOFTWARE SHIPPED TO OR LOCATED AT CUSTOMER’S PREMISES WHICH IS INTENDED TO ASSIST STRYKER EMPLOYEES OR AGENTS IN THE INSTALLATION, TESTING, SERVICE, AND MAINTENANCE OF ANY PRODUCT. CUSTOMER ACKNOWLEDGES THAT SOFTWARE PROVIDED WITH A PRODUCT MAY CONTAIN THIRD PARTY SOFTWARE (INCLUDING BUT NOT LIMITED TO OPEN SOURCE SOFTWARE LICENSES), AND THAT SUCH SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE THAT ACCOMPANIES IT. A LIST OF OPEN SOURCE SOFTWARE USED IN STRYKER PRODUCTS AND THEIR APPLICABLE LICENSES MAY BE FOUNDAT https://www.stryker.com/us/en/legal/it.html. 11.2. Any license granted by Stryker to use the software contained in its Products does not give the licensee the right to copy, alter, disassemble, reverse engineer, create derivative works of such software or to use such software in either original or modified form in any product other than the Stryker Product in which the software was initially installed by Stryker. Such use is strictly prohibited. 11.3. Prior to delivering a Product containing software, Stryker may, but is not required to, require Customer to execute a license agreement to acknowledge the terms of this Section 11 and any additional terms under which Stryker may elect to license its software. If a Customer elects not to sign a license agreement, Stryker reserves the right to cancel the order for the Product containing the software. If Customer accepts a Product without agreeing to any additional licensee agreement, Customer is still bound by the license term set forth herein. If Customer receives a Stryker Product without executing a license, the Customer is still bound by the applicable license. 12. Indemnity. 12.1. Stryker agrees to indemnify Customer for third party liability (“Claims”) that Customer is adjudicated to have directly as a result of: (i) a defect in workmanship or materials of the Products that are manufactured by Stryker; or (ii) a defect in the reprocessing services, for any Products that are subject to Stryker’s reprocessing services. This indemnification does not apply to Claims arising from: (a) the negligence of any person other than an employee or agent of Stryker; (b) the failure of any person other than an March 5, 2024 E - 38 Page 3 of 10 employee or agent of Stryker to follow any labeling, manuals and/or instructions for use of the Products; (c) the use of any product (or any accessories) not purchased from Stryker; (d) abnormal wear and tear or damage caused by misuse or by Customer’s failure to perform normal and routine maintenance as set out in the maintenance manual and/or operating instructions provided with Products, or as demonstrated by an authorized Stryker representative; or (e) Product that has been modified, altered, or repaired by any person other than an employee or agent of Stryker. Customer agrees to indemnify Stryker against any Claims to the extent arising from (a) through (e) above due to the negligent acts or omissions of Customer or its officers, employees, representatives or agents. The rights and obligations relating to indemnification for any Claims relating to a Product are expressly defined only by these Standard Terms of Sale. Neither Stryker nor Customer have any rights or obligations to a defense against any Claim relating to the Products. 12.2. Stryker’s indemnification obligations under this Section 12 are conditioned on Customer promptly providing Stryker with (i) timely written notice of any Claim for which indemnification is sought; (ii) reasonable assistance and all available non-proprietary information reasonably required in the defense or settlement of any Claim; and (iii) sole control over the defense against any Claim and the settlement of any Claim; provided, however, that Stryker will not agree to any settlement or compromise that imposes or results in any finding of fault or any restriction or obligation on the part of Customer without Customer’s prior written consent (which will not be unreasonably withheld). 13. Insurance. 13.1. Stryker will maintain general liability insurance, including coverage for Products and completed operations, auto liability insurance and workers’ compensation and employer's liability insurance subject to appropriate limits covering claims alleging negligence by or liability of Stryker that might arise out of sales of Products by Stryker hereunder. To the extent permitted by applicable laws and regulations, Stryker has the right to comply with this requirement through a program of self-insurance. When requested by Customer in writing, Stryker will furnish an insurance certificate or other documentation evidencing the insurance or self-insurance coverage required above. 13.2. Customer will maintain appropriate types of liability insurance subject to appropriate limits covering claims alleging negligence by or liability of Customer that might arise out of purchases of Products by Customer hereunder, including liability arising out of Customer's indemnity obligations set forth in Section 12 above. When requested by Stryker in writing, Customer will provide a certificate of insurance evidencing such coverage. 14. Limitation of Liability. STRYKER’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE STANDARD TERMS OF SALE (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT, TORT, MISREPRESENTATION, FRAUD, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LAW) WILL NOT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCTS MINUS DEPRECIATION OR IN THE CASE OF SERVICES, SERVICE FEES PAID BY CUSTOMER IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. NEITHER PARTY WILL BE ENTITLED TO, NOR WILL BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS OR REVENUE OR BUSINESS INTERRUPTION. 15. Confidentiality. Stryker and Customer: (i) will hold in strictest confidence Product pricing, proposals, invoices and any information and materials which are related to the business of the other or are designated as proprietary or confidential, herein or otherwise, or which a reasonable person would consider to be proprietary or confidential information; (ii) hereby covenant that, subject to Section 2.1, they will not disclose such information to any third party without prior written authorization of the one to whom such information relates; and (iii) agree that any breach or threatened breach of this section may cause irreparable harm, that a remedy at law will be inadequate to remedy such a breach or threatened breach, and that this section will be enforceable by way of a restraining order or injunction, without the necessity of posting a bond, in addition to any other available legal remedies. 16. Default. In the event of Customer’s default in payment for the Products purchased hereunder, Customer will be responsible for all reasonable costs and expenses (including reasonable attorney’s fees) incurred by Stryker in collection of any sums owing by Customer, and Stryker will not be obligated to make any further deliveries to Customer. Should Customer elect to cancel its order, in whole or in part, Customer will be liable to Stryker for any non-refundable deposits and reasonable cancellation charges that will include, but not be limited to, all costs and expenses incurred by Stryker in connection with procuring and filling Customer’s purchase order. 17. Unavoidable Delay. If Stryker is not able to finish and deliver the Products to Customer on time because of anything that Stryker cannot control (such as act of God, casualty, labor trouble, accidents or unavailability of supplies or transportation), then the estimated delivery time will be extended accordingly, and Stryker will not be liable to Customer for any damages that the delay causes. 18. Compliance with Law; Not For Resale or Export. Customer represents and warrants that it: (i) will comply with all applicable laws and regulations of the various states and of the United States in the use of the Products; and (ii) is buying Product(s) for its internal use only, and not for resale or export. 19. Miscellaneous. These Standard Terms of Sale constitute the entire agreement between the Parties with respect to the purchase of Products, and any modification or amendments must be in writing and signed by both Parties. The Agreement and these Standard Terms of Sale are in lieu of and replace any and all terms and conditions set forth in any documents issued by Customer. Any additional, different, or conflicting terms and conditions on any such document issued by Customer at any time are hereby rejected by Stryker and will not be binding in any way on Stryker. Neither Party will transfer or assign any or all of its rights or interests, or delegate any of its obligations, hereunder, without the prior written consent of the other Party (which consent will not be unreasonably withheld); provided, however, Stryker may assign its rights or interests, or delegate its obligations, in whole or in part, to any of its affiliates without the prior consent March 5, 2024 E - 39 Page 4 of 10 of Customer. The Standard Terms of Sale and the Agreement will be binding upon, will inure to the benefit of, and be enforceable by permitted successors and assigns of the Parties. The rights and remedies conferred under the Agreement and under these Standard Terms of Sale apply only to Stryker and Customer, and will not be construed to inure to the benefit of or provide any right of action to any other person, including without limitation any patient or third-party payor. In the event that any provision of these Standard Terms of Sale is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. These Standard Terms of Sale will be governed by and construed in accordance with the laws of the State of Michigan as applicable to contracts made and to be performed in that state, without regard to conflicts of laws principles. 20. Professional Services. Stryker may provide professional services to Customer, including, but not limited to, consulting, advisory, program development and implementation and data analytics services. Such services are only provided to Customer, and governed by, separate services contracts entered into by Stryker and Customer and are not subject to these Standard Terms of Sale. March 5, 2024 E - 40 Page 5 of 10 APPENDIX 1 - CONSIGNMENT AND LOANED INSTRUMENTATION TERMS 1. Consignment. 1.1. Stryker will place at a Customer’s designated premises on a consignment basis, such quantities and types of Product as Customer and Stryker may mutually agree upon (collectively, the “Consigned Inventory”). The initial quantities, types and applicable par levels for Consigned Inventory (and any future modification thereto) will be agreed upon in writing by the Parties. Customer must provide appropriate space to store and safeguard the Consigned Inventory. 1.2. All Consigned Inventory is the property of Stryker until withdrawn by Customer; however, Customer accepts all risk of loss and full responsibility for payment for all Consigned Inventory which may be used, opened, lost, or damaged. Customer must return to Stryker all damaged Consigned Inventory, and Stryker will arrange to have the damaged items destroyed. Customer must use reasonable efforts to: (i) identify all Consigned Inventory as being the property of Stryker and label it separately by Stryker division within Customer’s storerooms and operating rooms; (ii) separate Consigned Inventory from property of Customer (including products housed in inventory carts); and (iii) maintain complete and accurate records concerning the Consigned Inventory. 1.3. Customer, in its sole discretion, will determine whether to withdraw items of Consigned Inventory. As a Product is withdrawn from the Consigned Inventory, the Product will be deemed to have been purchased by Customer, title in the Product will pass to Customer and title in the sale proceeds will vest in and belong to Stryker. Within two days from the withdrawal from consignment of any Consigned Inventory, Customer must issue to Stryker a hard copy of a purchase order for such withdrawn items. In the event Customer fails to issue a purchase order to Stryker, Customer will be in default and forfeit any agreed upon discounts and Stryker, at its option, may place Customer on credit hold and remove Consigned Inventory from Customer’s premises. 1.4. Stryker may audit (including a physical inventory) this consignment arrangement during business hours upon 24 - hours’ notice to Customer. In the event that Stryker’s audit of the Consigned Inventory concludes that inventory is missing, Customer agrees that it will pay to Stryker any monies which are due and owing based on the missing inventory. In the event that Stryker’s audit of the Consigned Inventory concludes that a surplus exists, Stryker will adjust consignment inventory levels to reflect the amount as determined by the audit. Customer and Stryker agree to meet within 15 days after an audit of the inventory has been taken by Stryker to resolve whether a surplus or a shortfall exists. 1.5. Should Consigned Inventory reach sterilization expiration, Stryker will, at its sole option, either replace the Consigned Inventory or reduce inventory levels equivalent to the amount, by item number, of expired Consigned Inventory. Notwithstanding any language to the contrary, in the event that sterilization expiration should occur while Consigned Inventory is in Customer’s possession, full responsibility for ensuring the expired inventory is not used in a patient procedure remains with Customer. Stryker will be responsible for updating the Consigned Inventory as needed. 1.6. In the event the Consigned Inventory includes human tissue grafts, Customer agrees to: (i) comply with all applicable federal and state laws and regulations relating to the consigned human tissue grafts, including, without limitation, all applicable tissue tracking requirements and applicable standards and guidelines adopted by the American Association of Tissue Banks; and (ii) control the consigned human tissue grafts according to temperature requirements and JCAHO Tissue and Issuance Standards 17.10, 17.20, and 17.30. 1.7. Upon notice or expiration or termination of a consignment arrangement, Customer will, within 10 days, deliver as directed by Stryker all Consigned Inventory then in the possession or control of such Customer. 2. Loaned Instrumentation. If applicable, Stryker may provide certain of its non-disposable orthopaedic surgical instruments (“Instrumentation”) to Customer as follows: 2.1. The quantity of Instrumentation will be as mutually agreed to by Customer and Stryker. 2.2. Customer will have no ownership interest in the Instrumentation; however, Customer is responsible for maintaining the Instrumentation in good condition and for using reasonable care in its handling and storage. Customer will be responsible for any loss of or damage to the Instrumentation. Upon expiration or termination of an Instrumentation loan arrangement, Instrumentation will be removed from Customer and returned to Stryker at Stryker’s expense. 2.3. Except as otherwise provided, Instrumentation will be provided by Stryker on a loaned basis at no additional cost or expense to Customer except as noted in the preceding paragraph. The Instrumentation provided is restricted for use with the Products only and is not separately reimbursable and has no independent value. Customer will maintain appropriate property insurance on the Instrumentation during the term of any Instrumentation loan arrangement to provide coverage against loss by theft, fire damage, acts of nature or other cause. ***** March 5, 2024 E - 41 Page 6 of 10 APPENDIX 2 – STRYKER COMMUNICATIONS EQUIPMENT PURCHASE AND INSTALLATION SERVICES TERMS The terms of this Appendix 2 will apply to Customer’s purchase of equipment and any related services from Stryker’s Communications division. In the event of a conflict or inconsistency between the Standard Terms of Sale and this Appendix 2, relative to equipment and services sold by the Communications division only, this Appendix 2 will govern. Stryker Communications may offer standalone software products to Customer. Such software is only licensed to Customer, and governed by, separate software license agreements entered into by Stryker Communications and Customer and are not subject to these Standard Terms of Sale, including this Appendix 2. 1. Equipment Purchases. 1.1. Payment Terms: 1.1.1. Deposit: A non-refundable deposit of 50% of the equipment purchase price will be due upon Stryker’s acceptance of Customer’s purchase order (“Deposit”). 1.1.2. Additional Payments: Additional payments for equipment will be invoiced upon Stryker’s shipment of the equipment and are payable by Customer in accordance with Stryker’s Standard Terms of Sale. 1.1.3. Engineering Services: Charges for any Engineering Services (as defined in Section 1.3 below) will be invoiced by Stryker as they are performed, or upon shipment of equipment to Customer, whichever is later. Such invoices are payable by Customer in accordance with Stryker’s Standard Terms of Sale. 1.1.4. Contingency: Customer may elect to include a contingency charge amount on its purchase order that may be applied as a credit for potential future changes or additions to the Stryker Communications equipment that Customer wishes to purchase (“Contingency Charge”). If Customer elects to make such a change or addition, any charges for such change or addition will be added to the equipment purchase price and will be deducted from the Contingency Charge until such Contingency Charge is exhausted. Customer may make changes or additions in an amount up to the then current balance of the Contingency Charge without initiating the Change Order process as further described in Section 1.4 below. Pricing for all equipment changed or added in such a way will be at a discount off Stryker’s list price equivalent to the discount provided on the applicable purchase order. In the event of an unapplied Contingency Charge balance upon completion of the order, Customer will not be obligated to pay such amount. Unapplied Contingency Charge balances may be cancelled upon written request from the Customer. 1.2. Shipment and Installation Dates: 1.2.1. The Parties agree to estimate the date that installation of the equipment will occur (the “Anticipated Installation Date”). The actual dates of shipment will be mutually agreed upon between Stryker and Customer (“Shipment Date”); provided, however, that the Anticipated Installation Date may not be changed less than eight weeks prior to the scheduled Anticipated Installation Date. Stryker will use its commercially reasonable best efforts to meet all Shipment Dates requested by Customer. Customer understands that production and installation scheduling will not occur until Stryker’s receipt of: (i) Customer’s deposit payment pursuant to Section 1.1.1; and (ii) a completed Shipment and Installation Date Confirmation Form. If Customer requests a rescheduling of the Installation Date with less than eight - weeks’ notice prior to the Anticipated Installation Date, Customer agrees to accept all shipments of ordered Products no later than the original Installation Date and, if necessary, make necessary arrangements for storage of the Stryker Communications equipment at Customer’s expense until the rescheduled Installation Date. 1.2.2. If Customer delays or extends shipment or installation of the equipment, Customer will arrange for and notify Stryker of the place or places to which Stryker will ship the equipment for storage at Customer’s expense and all risk of loss or damage to the equipment will be the responsibility of the Customer. Stryker will invoice Customer for the equipment upon shipment and Customer agrees to pay such invoice in accordance with Stryker’s Standard Terms of Sale. 1.3. Engineering Services: Stryker agrees to provide the engineering services described in the project proposal provided to Customer, if any, subject to the terms and conditions hereof (“Engineering Services”). 1.4. Change Orders: Options, upgrades and additions to Stryker Communications equipment may be available (“Change Orders”). Change Orders will require a new purchase order or an addendum to the original purchase order, which could result in changes to the total purchase price. Change Orders made less than eight weeks prior to the scheduled Installation Date may result in shipping delays and additional expenses for expedited shipping. 2. Installation Services.2.1. Payment Terms: Charges for Installation Services (as defined in Section 2.3 below) will be invoiced upon Customer Acceptance (as defined in Section 2.2 below). If installation of the equipment is completed in phases at Customer’s request, Stryker will invoice Customer separately for the Installation Services provided in each phase. Such invoices are payable by Customer in accordance with Stryker’s Standard Terms of Sale. 2.2. Customer Acceptance: Acceptance of Installation Services will occur on the earlier of the following: (i) Stryker’s receipt of a “Customer Acceptance Form” signed by Customer; (b) clinical utilization of Stryker Communications equipment by Customer; or (iii) 60 days after the completion of installation of Stryker Communications equipment (“Customer Acceptance”). 2.3. Installation Services: The installation services to be provided by Stryker in connection with Stryker Communications equipment are further defined in the project proposal provided to Customer (the “Installation Services”). Customer’s quote should include whether installation pricing includes regular working hours, nights, weekends, multiple trips (e.g. phased project installations), and/or union support. If not explicitly noted, Installation Services may not be sufficient and additional charges may apply. Please consult the appropriate Stryker Communications Sales Representative with any questions. If additional Installation Services are required: (i) because of Customer’s failure to complete its Pre-Installation Responsibilities described below in Section 2.5; (ii) because of a March 5, 2024 E - 42 Page 7 of 10 Customer requests to install in a manner dissimilar to that quoted (e.g. weekends only); or (iii) if the Installation Date is rescheduled with less than eight weeks’ notice prior to the Anticipated Installation Date, Stryker may, at its discretion, invoice Customer an additional $1,500 per day per installation technician. 2.4. Stryker Responsibilities 2.4.1. Pre-Installation Meeting Responsibilities: Stryker will facilitate an equipment pre-installation planning meeting to be held at Customer’s site before construction begins. At, or before this meeting, Stryker will provide Customer and Customer representatives with Stryker Communications equipment pre-installation guide (“Pre-Installation Guide”). Additional detailed pre-installation requirements are included in the Pre-Installation Guides. All pre-installation work performed must adhere to the Pre-Installation Guide. Stryker will schedule and lead the discussions and review the Drawings (as defined in Section 2.4.2 below) with Customer’s Project Manager, Clinical Department Manager and representatives from all installing contractors. Stryker will schedule and lead the discussion and review of the Pre-Installation Guide and designation of exact responsibilities of all contractors. Stryker will schedule and lead the discussion of mounting plate(s) placement, pre-install design specifications and routing requirements of all applicable services. 2.4.2. Layout/Placement Drawings: Stryker will provide final equipment layout/placement drawings (“Drawings”) for review within five business days of acceptance of purchase order and Deposit payment. The Drawings will include product placement and configuration of services. Within six weeks after acceptance of Customer’s purchase order and no less than 14 weeks before the scheduled Ship date, Customer must deliver to Stryker a copy of the signed Drawings, which have been approved by the Customer’s Project Manager and the Clinical Department Manager (or respective designees). Customer understands Stryker will not schedule production until the signed Drawings are received by Stryker; and Stryker is not responsible for any direct or indirect costs related to resulting delays. 2.4.3. Inspection and Evaluation Responsibilities: Stryker will review superstructure requirement (e.g. weights and moments) with Customer’s contractors and Project Manager. When requested, Stryker will provide Customer with knowledgeable third-party resources regarding superstructure. Any consulting done with said third parties will be at the Customer’s expense. Stryker will review equipment installation procedures and process with Customer. Stryker will track construction schedules and make certain both Parties are adhering to originally agreed upon timelines. Stryker will provide Customer with specifications necessary to order applicable network services (obtaining and payment for these services are the Customer’s responsibility). 2.4.4. Installation Responsibilities: Stryker is responsible for the equipment installation responsibilities as stated in the Pre-Installation Guide (these responsibilities apply only to purchased Stryker Communications equipment unless otherwise agreed upon in the project proposal). 2.5. Customer Responsibilities 2.5.1. Customer Pre-Installation Meeting Responsibilities: Customer commits to: (i) ensure representatives of Customer’s contractors (e.g. electrical, mechanical, gas installer, architect, structural engineer) and Customer’s Project Manager, Clinical Department Manager, and any other appropriate Customer personnel are in attendance at all meetings; (ii) provide final completion dates for completion of electrical panel test, gas performance test, and superstructure; (iii) obtain all necessary permits, inspections and/or licenses related to the proposed work; (iv) ensure that the superstructure meets the Stryker Communications requirements; (v) ensure that all Customer requirements in the Pre-Installation Guides have been addressed; and (vi) provide network access (as applicable). 2.5.2. Customer Pre-Installation Responsibilities: Prior to Installation Date, Customer agrees to: (i) remove all old equipment from the installation area and transport to Customer’s disposal area; (ii) provide ready access to installation site(s) for Stryker Communications personnel; (iii) ensure that the installation site has been prepared in compliance with Stryker Communications specifications as detailed in the Pre-Installation Guides, (including the installation of mounting ring and other support apparatus for the equipment); (iv) e nsure all conduits and gas installation provided by Customer’s contractors are installed as specified in the Drawings and any applicable architectural drawings; (v) ensure equipment shipping containers (unopened) are in the installation location (including endoscopic equipment, if applicable); (vi) ensure that AC electrical circuits are installed as provided in the Pre-Installation Guides; and (vii) ensure data and other rough-in requirements specified in the Pre-Installation Guides are connected, working and complete. Customer understands and agrees to complete and send to Stryker the Install and Ship Confirmation Form at least eight weeks prior to Installation Date. 2.5.3. Customer Installation Responsibilities: Customer responsibilities include: (i) arrange for a locally certified electrician to complete electrical power connections to Stryker Communications equipment; (ii) arrange for a locally certified medical gas technician to test gas connections in Stryker Communications equipment; (iii) ensure that the Customer designated staff members who are responsible for product maintenance are available for instruction on basic maintenance procedures; and (iv) perform inspection and functional assessment of installed Stryker Communications equipment to agreed upon specifications and provide written notification of approval (Customer Acceptance Form) or complete a Project Punch list (nonconforming items that have no functional effect on the system) within 10 business days of completed Installation Services. 2.5.4. Stryker and Customer jointly agree to organize an inspection and valuation meeting to be held at least 30 days before Installation date. Customer is responsible for ensuring all appropriate personnel are in attendance. ***** March 5, 2024 E - 43 Page 8 of 10 APPENDIX 3 - PROCARESM SERVICES – TERMS AND CONDITIONS The terms of this Appendix 3 will apply to Customer’s purchase of Services under a Stryker Service Plan (as defined Section 1 below). In the event of a conflict or inconsistency between the Standard Terms of Sale and this Appendix 3, relative to a Service Plan, this Appendix 3 will govern. 1. Service Plan Coverage. Stryker will perform the repair and maintenance services (collectively, the “Services”) more particularly described in each service plan (the “Service Plan”) if entered into by and between Stryker and Customer. The Services will cover the capital equipment (if applicable) identified in the Service Plan (collectively, the “Equipment”). 2. Service Plan Terms and Conditions. In addition to each Service Plan’s coverage terms and conditions, the Services will be subject to the PROCARESM Services Terms and Conditions set forth below. 3. Term and Termination. 3.1. Term. The Term of each Service Plan (the “Term”) will continue so long as Services are being provided under a Service Plan. Notwithstanding the foregoing, Stryker may change the amounts due as noticed thirty (30) days prior to any renewal. 3.2. Termination for Cause. Either Party may terminate a Service Plan upon written notice to the other Party in the event the other Party breaches the Service Plan and fails to cure the breach within thirty (30) days after receipt of written notice thereof. In the event of such termination, Customer will be entitled to receive from Stryker a refund of all amounts prepaid by Customer under a Service Plan for Services that have not yet been provided by Stryker at the time of such termination, and Stryker will be entitled to receive from Customer payment for all Services that have been provided by Stryker prior to such termination. 3.3. Termination for Convenience. Either Party may terminate this Agreement at any time upon sixty (60) days prior written notice to the other. If Customer has made advance payments, Stryker will provide prorated refund to the Customer for the remaining balance of the term, and any Equipment in Stryker’s possession will be promptly returned to Customer. 3.4. Survival of Certain Provisions. The provisions of Term and Termination, Confidentiality, Non Solicitation and Non Hire, Limitations of Liability, Changes, and Assignment will survive the expiration or termination of this Agreement and will be binding to the respective successors, assigns, subsidiaries or affiliates of the Parties. 4. Product Maintenance. The Service Plan is ancillary to and not a complete substitute for the requirements of Customer to adhere to the routine maintenance instructions provided by Stryker, its equipment and operations manuals, and accompanying labels and/or inserts for each item of Equipment. Customer covenants and agrees that its appropriate user personnel will follow the instructions and contents of those manuals, labels and inserts. 5. Warranty; Limitations of Warranty and Liability. During the Term, Stryker warrants, with the exception of software maintenance services which, if applicable, will be as specified in the Service Plan, the following: 5.1. Stryker has the experience, capability and resources to perform under the Service Plan, and Stryker further represents and warrants that the Services will be performed in a workmanlike manner and with professional diligence and skill; 5.2. Services will comply with all applicable laws and regulations and all applicable standards set forth by law or ordinance or established by the rules and regulations of any federal, state or local agency, department, commission, association or pertinent governing, accrediting or advisory body, including The Joint Commission having authority to set standards for healthcare facilities; 5.3. If the Services are to be performed on Customer’s premises, Stryker represents and warrants that Stryker will comply with all applicable safety laws and Customer’s then current safety and other applicable regulations, all human resource policies and health and drug and alcohol screening policies; provided that Customer has provided advance written notification of such rules, regulations and policies to Stryker; 5.4. Stryker currently has, or prior to the commencement thereof, will obtain, pay for, and maintain any and all licenses, fees, and qualifications required to perform the Services. 5.5. Stryker will maintain the Equipment in good working condition. Equipment and Equipment components repaired or replaced under this Service Plan continue to be warranted as described herein during the Term. When Equipment or component is replaced, the item provided in replacement will be the customer’s property and the replaced item will be Stryker’s property. If a refund is provided by Stryker, the Equipment for which the refund is provided must be returned to Stryker and will become Stryker’s property. 5.6. TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, AND STRYKER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO INSTANCE WILL STRYKER BE LIABLE TO CUSTOMER FOR INCIDENTAL, PUNITIVE, SPECIAL, COVER, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR COSTS. 6. Limitations and Exclusions from Service Plan. Customer will use commercially reasonable efforts to cooperate with Stryker in connection with Stryker’s performance of the Services. Customer understands and acknowledges that Stryker ProCare employees will not provide surgical or medical advice, will not practice surgery or medicine, will not be involved in any manner which may be construed as practicing surgery or medicine, will not come in contact with the patient, will not enter the “sterile field” at any time, and will not direct equipment or instruments that come in contact with the patient during surgery. Customer’s personnel will refrain from requesting March 5, 2024 E - 44 Page 9 of 10 Stryker employees to take any actions in violation of these requirements or in violation of applicable laws, rules or regulations, Customer policies, or the patient’s informed consent. A refusal by Stryker employees to engage in such activities will not be a breach of this Agreement. Customer consents to the presence of Stryker employees in its operating rooms, where applicable, in order for Stryker to provide Services under this Agreement and represents that it will obtain all necessary consents from patients for such presence during surgery. Notwithstanding any other provision set forth herein, the Service Plan does not cover the following, as determined by Stryker in its sole discretion:(i) abnormal wear or damage caused by reckless or intentional misconduct, abuse, neglect or failure to perform normal and routine maintenance as set out in the applicable maintenance manual or operating instructions provided with the Equipment; (ii) accidents, catastrophe, fire, flood or act(s) of God; (iii) damage resulting from faulty maintenance, improper storage, repair, handling or use, damage and/or alteration by non-Stryker authorized personnel; (iv) service necessary due to the failure of the Customer or anyone under its control to comply with written instructions or recommendations; (v) equipment on which any original serial numbers or other identification marks have been removed or destroyed; (vi) damage caused as a result of the use of the Equipment beyond the useful life, if any, specified for such equipment in the user manual; (vii) service Stryker cannot perform because the Equipment has been discontinued or its parts have been discontinued or made obsolete; (viii) service to the Equipment if the Equipment or the Equipment site is contaminated with blood or other potentially infectious substances; or (ix) equipment that has been repaired with any unauthorized or non-Stryker components. In addition, in order to ensure safe operation of the Equipment, only Stryker accessories should be used. Stryker reserves the right to invalidate a Service Plan and any complimentary loaner programs thereunder if Equipment is used with accessories not manufactured by Stryker. If, at any time, upon inspection of the Equipment in service, Stryker deems any single unit of Equipment to be unserviceable, a record and report of such will be made, and provided to the Customer in writing on the date of service. 7. Indemnification. 7.1. Stryker will indemnify and defend Customer against any third party liability and/or damages (“Claims”) that Customer may incur directly as a result of bodily injury (including death) or property damage arising solely from the gross negligence, willful misconduct or omissions of Stryker or its employees agents, or contractors in the course of providing Services. The foregoing indemnification will not apply to any Claims arising from: (i) an injury or damage due to the negligence of any person other than a Stryker employee or agent; (ii) the failure of any person other than a Stryker employee or agent to follow any instructions outlined in the labeling, manual, and/or instructions for use of the Equipment; (iii) the use of any equipment or part not purchased from Stryker; (iv) abnormal wear and tear or damage caused by misuse or by Customer’s failure to perform normal and routine maintenance as set out in the maintenance manual and/or operating instructions provided with the Equipment, or as demonstrated by an authorized Stryker representative; or (v) any equipment or any part thereof that has been modified, altered or repaired by any person other than Stryker’s employee or agent. Customer agrees to indemnify and defend Stryker against any Claims arising from (i) through (v) above due to the negligent acts or omissions of Customer or its officers, employees, representatives or agents. 7.2. Stryker’s indemnification obligations under this Section 7 are conditioned on Customer promptly providing Stryker with (i) timely written notice of any Claim for which indemnification is sought; (ii) reasonable assistance and all available non-proprietary information reasonably required in the defense or settlement of any Claim; and (iii) sole control over the defense against any Claim and the settlement of any Claim; provided, however, that Stryker will not agree to any settlement or compromise that imposes or results in any finding of fault or any restriction or obligation on the part of Customer without Customer’s prior written consent (which will not be unreasonably withheld). 8. Confidentiality. 8.1. Customer must remove or secure any “Protected Health Information” (“PHI”) as defined in the Health Insurance Portability and Accountability Act of 1996 from Equipment prior to Stryker performing Services. Although Stryker will make reasonably commercial efforts to secure any PHI encountered, Stryker is not responsible for the security thereof. 8.2. All medical information and/or data concerning specific patients (including, but not limited to, the identity of the patients), derived from or obtained during the course of the Agreement, will be treated by both Parties as confidential so as to comply with all applicable state and federal laws and regulations regarding confidentiality of patient records, and will not be released, disclosed, or published to any party other than as required or permitted under applicable laws. 9. Non-Solicitation and Non-Hire. Customer agrees that, during the Term and for a period of one (1) year following the termination or expiration of a Service Plan, it will not solicit any employees of Stryker to terminate their employment with Stryker, unless Stryker consents in writing. Nothing herein will prohibit Customer from hiring employees of Stryker who respond to a general employment solicitation such as a newspaper advertisement. 10. Background Check. Stryker warrants that all of its employees who will be on a Customer’s premises to perform Services will have undergone a background check as part of Stryker’s hiring practice and/or as required by Customer’s vendor credentialing program. The background check consists of the following: • Criminal background check • National sex offender registry check • Education verification • Employment history • SSN verification • Driving record March 5, 2024 E - 45 Page 10 of 10 • Government sanction/watch lists During the Term, a Customer may request a conference with Stryker at any reasonable time regarding the performance, behavior or expectations of any Stryker service personnel who are assigned to Customer’s facility. Any Stryker service personnel who willingly and knowingly violates Customer’s rules, regulations, procedures, or polices may be removed from Customer’s facility at Customer’s option and will be replaced by Stryker promptly. 11. Changes. At any time during the Term, and upon each Party’s written consent, additional Services or Equipment may be added or deleted from a plan. Such changes will be governed by the terms and conditions of the Service Plan. Stryker may modify the applicable Service Plan to reflect adjustments to charges attributable to plan changes. 12. Parts and Subcontracting. Stryker may elect to use new or used parts related to the Services in its sole discretion. Stryker reserves the right to hire subcontractors to perform the Services. 13. Independent Contractor. The Parties are independent contractors with respect to one another. However, to the extent Stryker, Stryker personnel or subcontractors come to Customer’s property, to the extent applicable, they will follow Customer’s written and posted work place policies. ***** March 5, 2024 E - 46 Date: March 5, 2024 To: City Council From: Derrell Sharp, Fire Chief Subject: Service Agreement for Technical Fire Code Review Background / Analysis: The City’s Fire Marshal provides technical evaluation of building permits requiring an International Fire Code review and inspections. With the planned retirement of the current Fire Marshal the Fire Department will be unable to provide the technical evaluation of building permits requiring an International Fire Code review and/or inspection until a qualified candidate is hired. Establishing a service agreement with Townzen and Associates for technical plans review consultation and inspection will ensure the City maintains an efficient and customer centered permit application process. Townzen and Associates are rostered with the Municipal Research and Services Center. Funding: The City of Port Angeles Master Fee Schedule incorporates a Fire Department Plan Review fee of 25% of the Building Permit Fee. Expenses for technical review of the International Fire Code or necessary inspections and consultation will be funded by the City Council adopted Fire Department Plan Review and Inspection Fee schedule. Attachment A: Agreement for Plan Review Services Attachment B: Townzen and Associates Scope of Work Attachment C: Townzen & Associates Fee Schedule Summary: The Fire Marshal provides technical Fire Code review of permit applications for the City of Port Angeles. In order to maintain continuity of services for technical Fire Code review with the pending retirement of the City’s current Fire Marshal the City needs to establish a service agreement with an independent third-party consultant for Fire Code review. Establishing a service agreement with Townzen and Associates will ensure the City maintains an efficient and customer service centered permit applicatio n process. Funding: Expenses for technical review of the International Fire Code and/or necessary inspections will be covered by the established Fire Department Plan Review Fee. Recommendation: Approve the attached agreement for as needed technical Fire Code plan review services with Townzen & Associates and authorize the City Manager to sign the agreement and make minor modifications as necessary. March 5, 2024 E - 47 Agreement for Plan Review Services This Agreement (“Agreement”), is made and entered into on the day and year indicated by and between the City of Port Angeles, WASHINGTON, a (Washington municipal corporation), hereinafter referred to as the “CITY”, and Townzen & Associates, Inc a Washington State Corporation, hereinafter referred to as “TA.” 1. Scope of Services. TA will provide the City with the services described in Appendix A, “Scope of Services,” attached hereto and fully incorporated herein. Said services shall be performed with the skill, care, and expertise customarily expected from those in the business of providing such services. 2. Rates and charges. The City will pay TA the monthly fees and costs as described at Appendix B herein. Unless otherwise specified, the City will pay the fees and costs on or before the expiration of thirty (30) days from the date of receipt of the invoice. 3. Duration. This Agreement shall begin upon execution and continue in full force and effect through December 31, 2024; provided that, either party may terminate this Agreement at any time, with or without cause, upon not less than sixty (60) days prior written notice. In addition, the City may terminate this Agreement in the event it receives notice of cancellation of TA’s insurance coverage, or other good cause including breach of this Agreement, upon not less than ten (10) days prior written notice. This Agreement may be renewed for additional terms upon mutual agreement of the parties. 4. Confidentiality. TA acknowledges that the some of the plans reviewed plans may be confidential or constitute valuable assets of and are proprietary. TA and their employees may, during the course of performing services under this Agreement, have access to confidential information. TA also acknowledges that the City has a responsibility to its customers and employees to keep City information confidential and proprietary, except to the extent such information is subject to public disclosure under state law. TA agrees under no circumstances to disclose, sell or trade, either directly or indirectly, to any person, firm or corporation information of any kind located at or received from the City, except as directed by the City. TA agrees to safeguard and protect any information located at or received from the City. This provision shall survive termination of this Agreement. 5. Indemnification. TA shall indemnify, defend and hold the City, its officers, agents and employees harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any person or property resulting from the negligent acts or omissions of and to the extent harm is caused by TA, its agents or employees in connection with this Agreement. If suit in respect to the above is filed and judgment is rendered or settlement made requiring payment of damages by the City, its officers, agents or employees, TA shall pay the same. March 5, 2024 E - 48 The City shall indemnify, defend and hold TA, its officers, agents and employees harmless from all suits, claims or liabilities of any nature, including attorney fees, costs and expenses, for or on account of injuries or damages sustained by any person or property resulting from the negligent acts or omissions of and to the extent harm is caused by the City, its agents or employees in connection with this Agreement. If suit in respect to the above is filed and judgment is rendered or settlement made requiring payment of damages by the TA, its officers, agents or employees, the City shall pay the same. 6. Insurance. TA 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 TA, its agents, representatives or employees. No Limitation. TA’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of TA 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 TA’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 TA’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. March 5, 2024 E - 49 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 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 PROVISION TA’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 TA’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 TA 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 TA 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 TA 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 TA 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 TA from the CITY. 7. Prior Agreements. This Agreement shall govern performance of all services described herein. Any prior agreement is hereby superseded and wholly replaced by this Agreement for all services described. 8. No Employment Relationship. This Agreement creates an independent contractor relationship. TA and its employees, subcontractors and agents performing services under this Agreement are not and shall not be considered employees of the City. March 5, 2024 E - 50 Nothing herein shall be deemed to create an employment relationship between those individuals or entities performing services hereunder and the City. 9. Governing Law. This Agreement shall be governed by the laws of the State of Washington. The venue for any litigation concerning this Agreement shall be Thurston County, Washington. 10. Integration – Written Amendments Only. This writing including Attachment A constitutes the full and only agreement between the parties, there being no promises, agreements or understandings, written or oral, except as herein set forth, or as hereinafter may be amended in writing. This Agreement including Attachment A may only be amended or modified by written agreement of the parties. 11. No Delegation or Assignment. TA shall not delegate any duty or assign any interest on this Agreement (whether by assignment or notation), without prior written consent of the City, which consent may be withheld in the sole discretion of the City. Any assignment or transfer of an interest in this Agreement by TA without the prior written consent of the City shall be void. The covenants and conditions herein contained shall apply to and bind the heirs, successors, administrators and assigns of all parties hereto. 12. Remedies for Breach and Attorney's Fees and Costs. All remedies available in law and equity shall be available in the event of a breach of this Agreement. In the event legal action is initiated by either party against the other, the prevailing party shall be entitled, in addition to all other amounts to which it i s otherwise entitled by this Agreement, to its reasonable attorney's fees and costs, including those incurred on appeal. 13. Nonwaiver of Breach. Failure of either party to require performance of any provision of this Agreement shall not limit such party’s right to enforce such provision, nor shall a waiver of any breach of any provision of this Agreement constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. 14. Severability. If any portion of this Agreement is deemed void, illegal or unenforceable, the balance of this Agreement shall not be affected thereby. 15. Notice. Notice provided or required under this Agreement shall be sent in writing or by facsimile transmission to the parties at the following address/numbers: CITY OF PORT ANGELES TOWNZEN & ASSOCIATES, Inc.: Attn: City Manager Leslie D. Townzen, President 323 East 5th Street 221 Kenyon St NW, STE 102 Port Angeles, Wa 98362 Olympia, WA 98502 16. Capacity to Bind Parties. The parties represent and acknowledge that the individual signing this Agreement has the authority to do so and to bind each party, and their successors and assigns. March 5, 2024 E - 51 March 5, 2024 E - 52 In Witness Whereof, the parties enter into this Agreement, mutually agree on above terms, are authorized to execute this Agreement and the parties have executed this Agreement on the day and year indicated. CITY OF PORT ANGELES TOWNZEN & ASSOCIATES __________________________ __________________________ Nathan West Leslie D. Townzen City Manager President, Townzen & Associates, Inc Dated: __________________, _____ Dated:__________________, ____ March 5, 2024 E - 53 Appendix “A” Scope of Work Plan Review and Inspection Services Townzen & Associates, Inc will provide the following scope of plan review services. Plans will be carefully reviewed for their compliance with the model codes adopted by the State of Washington and as amended by City of Port Angeles. Plans are thoroughly reviewed for the following: • Fire: IFC with WSA • Fire sprinkler shop drawings and calculations. • Fire alarm shop drawings and calculations. • Other fire protection systems. • Inspection services as needed for fire protection and building final inspections. March 5, 2024 E - 54 TOWNZEN & ASSOCIATES, INC 221 Kenyon St NW | Suite 102 | Olympia, WA 98502 Phone: (360) 754-2335 | www.townzen-consulting.com Appendix B Fee Schedule Fi re Suppression System Plan Review (Shop Drawings) Hydraulically Designed Sprinkler Systems- NFPA 13 & 13R Type of Fire Protection System Sprinkler Head Count Plan Review Fee Each Wet System Riser Up to 100 $50.00 + $4.00 Per Head Each Dry System Riser Up to 100 $65.00 + $4.00 Per Head Each Wet System Riser 101 & Over $450.00 + $2.00 Per Head Over 100 Heads Each Dry System Riser 101 & Over $465.00 + $2.00 Per Head Over 100 Heads Hydraulically Designed Sprinkler Systems - High Piled Stock Type of Fire Protection System Sprinkler Head Count Plan Review Fee Each Wet System Riser Up to 100 $75.00 + $4.00 Per Head Each Dry System Riser Up to 100 $100.00 + $4.00 Per Head Each Wet System Riser 101 & Over $475.00 + $3.00 Per Head Over 100 Heads Each Dry System Riser 101 & Over $500.00 + $3.00 Per Head Over 100 Heads Each Separate In-Rack System Each System $65.00 Hydraulically Designed Sprinkler Systems- NFPA 13D Type of Fire Protection System Sprinkler Head Count Plan Review Fee Each Wet System Riser Up to 100 $50.00 + $2.00 Per Head Each Dry System Riser Up to 100 $65.00 + $2.00 Per Head Each Wet System Riser 101 & Over $250.00 + $1.00 Per Head Over 100 Heads Each Dry System Riser 101 & Over $3 65.00 + $1.00 Per Head Over 100 Heads March 5, 2024 E - 55 TOWNZEN & ASSOCIATES, INC 221 Kenyon St NW | Suite 102 | Olympia, WA 98502 Phone: (360) 754-2335 | www.townzen-consulting.com Additional Sprinkler System Components Type of Component Count Plan Review Fee Fire Pump (13, 13R) Each $400.00 Fire Pump (13D) Each $200.00 Each Standpipe Riser Up To Six Outlets $200.00 Each Standpipe Riser Each Outlet Over Six $40.00 Sprinkler System Tenant Improvements Type of Fire Protection System Sprinkler Head Count Plan Review Fee Wet Systems Up to 50 $50.00 + $2.00 Per Head Dry Systems Up to 50 $60.00 + $2.00 Per Head Wet Systems 51 & Over $150.00 + $1.00 Per Head Over 50 Heads Dry Systems 51 & Over $160.00 + $1.00 Per Head Over 50 Heads Special Hazard Fire Protection Systems Type of Fire Protection System Count Plan Review Fee Type I Hood Pre-Engineered System Each $175.00 Type I Hood Custom Engineered System Each $300.00 Each Clean Gas Systems Up to 50 Heads and Initiation Devices $250.00 + $4.00 Per Head & Initiation Device Each Clean Gas Systems 51 & Over Heads and Initiation Devices $450.00 + $2.00 Per Head & Initiation Device Each Other Fixed Pipe Extinguishing System Up to 50 Heads and Initiation Devices $250.00 + $4.00 Per Head & Initiation Device Each Other Fixed Pipe Extinguishing System 51 & Over Heads and Initiation Devices $450.00 + $2.00 Per Head & Initiation Device Special considerations may be given in computing plan review fees for systems in buildings such as large warehouses or indoor recreational facilities due to their plan review simplicity. Such considerations may also be given to buildings with repetitive floor plans such as high-rise buildings. March 5, 2024 E - 56 TOWNZEN & ASSOCIATES, INC 221 Kenyon St NW | Suite 102 | Olympia, WA 98502 Phone: (360) 754-2335 | www.townzen-consulting.com Fire Alarm Systems Plan Review (Shop Drawings) Type of Fire Protection System Device Count Plan Review Fee Fire Alarm Sprinkler Supervisory Each $125.00 Fire Alarm System Up to 100 $75.00 + $3.00 Per Device Fire Alarm System 101 & Over $375.00 + $2.00 Per Device Note: The Term “Fire Alarm Devices” includes the control and annunciator panels, detection devices, signaling devices, power supplies, releasing devices and control devices. Fire Code Review of Building Plans For building construction valuations of over $500,000.00, a flat fee of 25% of the building plan review fee collected by the city will be billed. For building construction valuations under $500,000.00, the listed hourly rate below will be billed. Services Fire Marshal Services $125.00/Hr. Plan Review/Inspections $95.00/Hr. Fire Protection Outside of normal hours or Weekends $142.5/Hr. One-way travel time of more than 30 minutes will be billed at 60% of the full inspection hourly rate. March 5, 2024 E - 57 Date: March 5, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: City Pier Railing Replacement, CON- 2022-50 – Final Acceptance Background / Analysis: In 2022, the City of Port Angeles worked with Sargent Engineers, Inc. on a design to replace 1,300 linear feet of rusted/rotted railing with a new pedestrian barrier. Four (4) bids were received bids for construction were opened on November 11, 2022. On November 15, 2022, City Council awarded a contract to Neeley Construction Company of Puyallup, WA as the lowest responsible bidder with a bid amount of $438,464.00, including all applicable taxes. Work to install the 1,300 linear feet of new railing was substantially complete in May of 2023. In June of 2023, City Council approved a change order to add Phase II of the project to the construction contract which included replacement of the remaining 1,600 linear feet of old handrail. This completes the replacement of all deficient railing on the Pier. The project was successfully completed and inspected as complete on January 26, 2024. Funding Overview: Project Cost Summary Original Contract Amount Change Orders Unit Quantity Variations Final Cost Project Cost Variance $438,464.00 $359,508.00 ($34,899.94) $763,072.06 +42.5% City staff recommends City Council accept the City Pier Railing Replacement Project, CON-2022-50, as complete, and authorize staff to proceed with project close out, and release the retainage upon receipt of required clearances. Summary: The purpose of this memo is to obtain City Council final acceptance for the work performed on the City Pier Railing Replacement project by Neeley Construction Company of Puyallup, WA. The work was inspected and accepted as complete with the final project costs amounting to $763,072.06 including taxes. A 5% retainage is held for the project. Funding: The approved 2024-2029 Capital Facility Plan included funding from Budget 310-8985-594- 6510 for the City Pier Railing Replacement Project in the amount of $438,464.00. The additional funding needed for Phase II of this project was available from the REET fund and included the approved 2024-2029 budget for a total of $798,000. Recommendation: Accept the City Pier Railing Replacement Project No. CON-2022-50 as complete and authorize staff to proceed with project closeout and release the retainage in the amount of $35,067.65 upon receipt of all required clearances. March 5, 2024 E - 58 Date: March 5, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: FY 2023-2025 Water Quality Stormwater Capacity Grant Agreement Contract No. WQSWCAP-2325-PoAnPW-00067 Background / Analysis: The Washington State Department of Ecology (WSDOE) provides assistance to National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater General Permittees though the biennial Capacity Grant program. This grant funding program provides financial assistance for activities, technical resources, and equipment that will help local governments implement the requirements of the Eastern and Western Washington Municipal Stormwater permits. City staff submitted a grant application in Summer 2023 and Ecology provided a draft grant agreement to the City in February 2024. Staff may use the Grant monies to fund NPDES program related components, to include: public education and outreach activities, illicit discharge detection and elimination program activities, activities to support programs to control runoff from development sites, pollution prevention, good housekeeping, and operation and maintenance program activities, development and implementation of the new source control program, equipment purchases that result directly in improved compliance with permit requirements, and implementing necessary programmatic updates required by the 2019-2024 Phase II permit and the 2024-2029 Phase II permit. Capital construction projects are not eligible for funding through this grant program. Funding Overview: WSDOE will reimburse the City for qualified expenditures up to $130,000 incurred between July 1, 2023 and March 31, 2025. There are no City match requirements, and grant awards will cover 100 percent of eligible costs of the grant offer amount. City staff are to provide quarterly progress reports for each reimbursement request, prepare agreement close-out reports, and provide final outcome summary reports to Ecology. Attachment: WSDOE Stormwater Capacity Grant Agreement Summary: The Washington State Department of Ecology (WSDOE) has offered a FY2023-2025 Biennial Stormwater Capacity Grant in the amount of $130,000 to the City. This pass-through grant provides funding to implement and manage the City’s NPDES Phase II Municipal Stormwater Permit requirements. Funding: Grant funding will be provided entirely by WSDOE and will be capped at $130,000; no match from the City is required. Recommendation: Accept the Washington State Department of Ecology (WSDOE) FY 2023-2025 Stormwater Capacity Grant in the amount of $130,000, authorize the City Manager to execute the WSDOE grant agreement WQSECAP-2325-PoAnPW-00067, sign all required forms, and make minor modifications to the agreement, as necessary. March 5, 2024 E - 59 Agreement No. WQSWCAP-2325-PoAnPW-00067 WATER QUALITY STORMWATER CAPACITY 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 City of Port Angeles, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. 2023-2025 Biennial Stormwater Capacity Grants GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. Project Long Description: N/A Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. $130,000.00 $130,000.00 $130,000.00 $0.00 07/01/2023 03/31/2025 Capacity Grant March 5, 2024 E - 60 Page 2 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles RECIPIENT INFORMATION Organization Name: Federal Tax ID: UEI Number: NBZWTT3BYB68 Mailing Address: Physical Address: Contacts Organization Email: Organization Fax: City of Port Angeles 91-6001266 321 East 5th Street Port Angeles, WA 98362-0217 321 East 5th Street Port Angeles, Washington 98362-0217 jboehme@cityofpa.us (360) 417-4709 Template Version 12/10/2020March 5, 2024 E - 61 Page 3 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles Ryan Jeffries Civil/Utility Engineer III 321 East 5th Street Port Angeles, Washington 98362-0217 Email: rjeffries@cityofpa.us Phone: (360) 417-4811 Authorized Signatory Ryan Jeffries Civil/Utility Engineer III 321 East 5th Street Port Angeles, Washington 98362-0217 Email: rjeffries@cityofpa.us Phone: (360) 417-4811 Billing Contact Project Manager Authorized Signatory Nathan A. West City Manager 321 E. Fifth Street Port Angeles, Washington 98362 Email: nwest@cityofpa.us Phone: (360) 417-4751 Template Version 12/10/2020March 5, 2024 E - 62 Page 4 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles Contacts Project Manager Financial Manager Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 628-3890 Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 628-3890 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Template Version 12/10/2020March 5, 2024 E - 63 Page 5 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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 this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within 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. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. 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 and bind their respective organizations to this Agreement. Washington State Department of Ecology Water Quality Date Date City of Port Angeles Vincent McGowan, P.E. City Manager Nathan A. West By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020March 5, 2024 E - 64 Page 6 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles SCOPE OF WORK Task Number: 1 Task Cost: $5,000.00 Task Title: Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, and Recipient Closeout Report. * Properly maintained project documentation. Deliverables Project Administration/Management Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form). Template Version 12/10/2020March 5, 2024 E - 65 Page 7 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles SCOPE OF WORK Task Number: 2 Task Cost: $125,000.00 Task Title: Permit Implementation Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will use funds to attain compliance where applicable. The following is a list of elements projects may include: 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance. c) Training for plan review or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (Total Maximum Daily Load (TMDL)). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that ECOLOGY approves prior to awarding funding for monitoring. Monitoring must directly meet a Phase I or II permit requirement. 9) Structural stormwater controls program activities (Phase I permit requirement). 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement. c) Staff training. 11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment purchases over $5,000.00 must be pre-approved by ECOLOGY. Template Version 12/10/2020March 5, 2024 E - 66 Page 8 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles Documentation of all tasks completed is required. Documentation may include field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Ineligible expenses include capital construction projects, incentives or give-a-ways, grant application preparation, Technology Assessment Protocol - Ecology (TAPE) review for proprietary treatment systems, or tasks that do not support Municipal Stormwater Permit implementation. Task Goal Statement: This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. Task Expected Outcome: RECIPIENTs will implement measures required by Phase I and II NPDES permits. Deliverables Permit Implementation Number Description Due Date 2.1 Documentation of tasks completed Template Version 12/10/2020March 5, 2024 E - 67 Page 9 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles BUDGET Funding Distribution EG240305 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State Model Toxics Control Stormwater Account (MTCSA) 100% MTCSA Type: Funding Source %: Description: FDFund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 30% 0% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: 2023-25 Stormwater Capacity Grant 07/01/2023 03/31/2025 Grant 2023-25 Stormwater Capacity Grant Task Total Grant and Loan Administration 5,000.00$ Permit Implementation 125,000.00$ 130,000.00$Total: Template Version 12/10/2020March 5, 2024 E - 68 Page 10 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%130,000.00 130,000.000.000.002023-25 Stormwater Capacity Grant Total $$0.00 130,000.00 $130,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered Template Version 12/10/2020March 5, 2024 E - 69 Page 11 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. · Receives more than $30,000 in federal funds under this award. · Receives more than 80 percent of its annual gross revenues from federal funds. · Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the 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 Template Version 12/10/2020March 5, 2024 E - 70 Page 12 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020March 5, 2024 E - 71 Page 13 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 07/01/2023 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020March 5, 2024 E - 72 Page 14 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles • 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. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. 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. Template Version 12/10/2020March 5, 2024 E - 73 Page 15 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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 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. Template Version 12/10/2020March 5, 2024 E - 74 Page 16 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020March 5, 2024 E - 75 Page 17 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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 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 Template Version 12/10/2020March 5, 2024 E - 76 Page 18 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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. 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. Template Version 12/10/2020March 5, 2024 E - 77 Page 19 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020March 5, 2024 E - 78 Page 20 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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. 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 Template Version 12/10/2020March 5, 2024 E - 79 Page 21 of 21State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-2325-PoAnPW-00067 2023-2025 Biennial Stormwater Capacity Grants City of Port Angeles 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 General Terms and Conditions Template Version 12/10/2020March 5, 2024 E - 80 Date: March 5, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: WWTP Facilities Fire Alarm System Replacement Background / Analysis: The WWTP, Pump Station 12 and Pump Station 13 fire alarm systems have had ongoing failures leading to regular false alarms. The aging system components can no longer be repaired due to incompatibility with currently available parts. The false alarms lead to protection vulnerabilities as the only way to prevent them is to leave effected devices offline. False alarms also lead to unnecessary utilization of Fire Department response resources and WWTP staff overtime. Convergint Technologies submitted to the City a proposal to upgrade and replace fire alarm systems in the amount of $70,568 per quotation #AP06621551P. The cost includes purchase and installation of all necessary equipment and materials in accordance with WA State Department of Enterprise Services cooperative purchasing master agreement with National Association of State Procurement Officials (NASPO) Contract NV23-16259. Funding Overview: Funding for this project is available in the 2024 Wastewater Utility Budget Account (403-7480-535-4810) in the amount of $70,568 which includes sufficient resources to fund the cost of materials and installation. Summary: The Wastewater Treatment Plant (WWTP) and two Sewer Pump Stations have Fire Alarm Systems that are outdated and failing. Due to the age of the systems, compatible parts for repair of existing issues are no longer available. Additionally, the system at the WWTP needs to be expanded to improve the monitoring capabilities of critical plant components. Funding: The funding for this project is available in the 2024 Wastewater Utility Budget Account (403- 7480-535-4810). Recommendation: Accept Convergint Technologies’ proposal to upgrade and replace fire alarm systems in the amount of $70,568 per quotation #AP06621551P, and authorize the City Manager to execute and administer contracts to implement the proposal under WA State Department of Enterprise Services cooperative purchasing master agreement. March 5, 2024 E - 81 Date: March 5, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Shannen Cartmel, Community and Economic Development Manager Subject: An Ordinance Implementing New Regulations and Fees for Short-Term Lodging Operations in the City of Port Angeles Background / Analysis: The City of Port Angeles has initiated updates to the Port Angeles Municipal Code (PAMC) to establish a fair and transparent licensing system and more effectively regulate short -term lodging operations – specifically short-term rentals (STRs) and bed-and-breakfasts (B&Bs) – in Port Angeles. The City is proposing new regulations for STRs and B&Bs, including a proposed fee structure, licensing, a platform-based enforcement mechanism, and fire life-safety inspection program: •New Chapter 17.23 PAMC - Short-Term Rentals, containing proposed regulatory measures for short- term rental operations; and •New Chapter 17.24 PAMC - Bed and Breakfasts, containing proposed regulatory measures for bed- and-breakfast operations; and •Repeal Chapter 17.18 Bed and Breakfast, containing existing regulations for bed and breakfast operations as conditional uses. •Consolidates and streamlines STR and B&B definitions into Chapter 17.08 PAMC. •Removes outdated references to STRs and B&Bs in Chapters 14 and 17 PAMC. The Planning Commission conducted a Public Hearing on the original staff recommendation which included five alternatives (Alternatives 1 through 5) on January 24, 2024. Based on feedback from that meeting, an updated staff proposal which distilled the alternatives down to three options (Options A though C), was the subject of a Public Hearing conducted by the City Council on February 20, 2024. At that Council meeting, a motion was made and seconded to proceed as follows: “I move to direct our staff to prepare an ordinance based on Option C for the March 5 meeting, with narrow exemptions allowing for economic hardship to allow economically-distressed existing illegal STRs to become nonconforming licensees under temporary STR licenses, one unit per STR license, one STR license Summary: The City is proposing regulations for short-term rentals and bed-and-breakfast operations, including a proposed fee structure, licensing requirements, a platform-based enforcement mechanism, and fire life-safety inspection program. Funding: Revenue from the new short-term rental and bed and breakfast fees are expected to recover the costs of licensing, fire and life-safety inspections, and compliance services. Recommendation: 1) Conduct the second reading of the ordinance, 2) adopt the ordinance inclusive of exhibits A though D, and 3) authorize the City Clerk to make grammar and formatting revisions to ensure internal consistency. March 5, 2024 G - 1 per person, one STR license per parcel. A less onerous inspection requirement. Make it clear that Type 1 is the actual primary residence, required through a common entrance, and remove the option of getting a Type 1 license on a unit that is not your primary residence” The motion was approved on a 4-to-3 vote. Based on that direction from Council, staff has made the following revisions to the February 20, 2024, package to address the eight elements of the above motion: 1.An ordinance based on Option C •The ordinance and all exhibits have been updated to reflect the language of Option C. 2.Narrow exemptions allowing for economic hardship to allow economically-distressed existing illegal STRs to become nonconforming licensees under temporary STR licenses •The term “nonconforming” has been retitled as “noncompliant” throughout the documents. •Annual licenses for noncompliant STRs have been clarified to be temporary and only available up to a maximum of five years. •The following definition for Economic Hardship has been added: “Economic hardship occurs when the applicant demonstrates to the Director of Finance that the total income of his or her household is at or below 65% area median income (AMI) or provides documentation that the applicant is currently receiving one of the following benefits: -Sr. Property Tax Exemption from the Clallam Co. Assessor’s Office; or -Utility Discount through Port Angeles or Clallam County PUD; or -Temporary Assistance to Needy Families (TANF); or -Disability through the Social Security Administration.” 3.One unit per STR license •The code has been updated to reflect this change. 4.One STR license per person •The legislation has been revised to incorporate this provision. 5.One STR license per parcel •The package has been changed accordingly. 6.A less onerous inspection requirement •The proposal has been modified to reflect that an inspection and license will be initially issued for one, two, or three years, with all subsequent inspection and license renewals being in three- year increments. 7.Make it clear that Type 1 is the actual primary residence, required through a common entrance •The code has been updated by removing the 30-day threshold and requiring a common entrance. 8.Remove the option of getting a Type 1 license on a unit that is not your primary residence •The legislation has been revised to ensure that Type 1 licenses are only issued to owner or lessee occupied units. Minor grammar and formatting adjustments have also been made to ensure internal consistency throughout the documents to support the above revisions. March 5, 2024 G - 2 Considering Council was seeking a compromise between Options B and C staff have provided six possible revisions for Council consideration during the March 5, 2024, meeting. These items are enclosed in Attachment A. Finally, at the Planning Commission meeting on February 28, 2024, a motion was made and seconded to send a recommendation to the City Council from the Planning Commission to approve option B from the City Council meeting on February 20, 2024. The motion was approved on a 3-to-2 vote. There were 5 Commissioners present as Commissioner Dziadek left prior to the end of the meeting with an excused absence by the Commission Funding: Revenue from the new STR and B&B fees are expected to recover the costs of licensing, fire and life-safety inspections, and compliance services. Attachments: •Ordinance •Exhibit A – New 17.23 •Exhibit B – New 17.24 •Exhibit C – Miscellaneous Code Revisions •Exhibit D – Master Fee Schedule Updates •Attachment 1 – Possible Revisions March 5, 2024 G - 3 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington implementing new regulations for short-term lodging operations; adopting a new Chapter 17.23 of the Port Angeles Municipal Code (“PAMC”), Short- Term Rentals; adopting a new Chapter 17.24 PAMC, Bed and Breakfasts; repealing Chapter 17.18 PAMC; amending sections 14.36.010, 17.01.020, 17.08.015, 17.08.095, 17.10.040, 17.11.040, 17.12.040, 17.14.020, 17.15.020, 17.20.020, 17.25.040, and 17.94.065 pertaining to short-term lodging amendments; amending the Master Fee Schedule; adopting reporting requirements; providing for severability; establishing an effective date; and staying enforcement until a date certain. WHEREAS, the City has an interest in regulating short-term lodging to balance the benefits they provide to the City with the impacts they can have on the community; and WHEREAS, in 2017 the City passed Ordinance 3577 which created a definition for short-term rentals and allowed them as a use in certain zones; and WHEREAS, the City Council finds that substantial changes to the City’s regulations of short- term lodging is in the best interests of the City, Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Title 17 of the Port Angeles Municipal Code is hereby amended by adding a new Chapter 23, Short-Term Rentals, as set forth in Exhibit A, which is incorporated herein by this reference. March 5, 2024 G - 4 2 Section 2. Title 17 of the Port Angeles Municipal Code is hereby amended by adding a new Chapter 24, Bed and Breakfasts, as set forth in Exhibit B, which is incorporated herein by this reference. Section 3. Chapter 17.18 of the Port Angeles Municipal Code is repealed in its entirety. Section 4. Section 14.36.010 of the Port Angeles Municipal Code relating to the sign code is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 5. Section 17.01.020 of the Port Angeles Municipal Code relating to the purposes of zones is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 6. New definitions relating to short-term lodging are added to Chapter 17.08 of the Port Angeles Municipal Code as set forth in Exhibit C, which is incorporated herein by this reference. The codifier is authorized to appropriately alphabetize and number the definitions and insert them into the proper sections in Chapter 17.08 PAMC. Section 7. Section 17.10.040 of the Port Angeles Municipal Code relating to conditional uses in the R7 zone is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 8. Section 17.11.040 of the Port Angeles Municipal Code relating to conditional uses in the R9 zone is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. March 5, 2024 G - 5 3 Section 9. Section 17.12.040 of the Port Angeles Municipal Code relating to conditional uses in the R11 zone is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 10. Section 17.14.020 of the Port Angeles Municipal Code relating to permitted uses in the residential medium density zone is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 11. Section 17.15.020 of the Port Angeles Municipal Code relating to permitted uses in the residential high-density zone is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 12. Section 17.20.020 of the Port Angeles Municipal Code relating to permitted uses in the commercial zone is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 13. Section 17.25.040 of the Port Angeles Municipal Code relating to permitted uses in the commercial, regional zone is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 14. Section 17.94.065 of the Port Angeles Municipal Code relating to developmental standards for conditional uses in residential zoning is hereby amended as set forth in Exhibit C, which is incorporated herein by this reference. Section 15. The Master Fee Schedule is amended to incorporate the new fees, which are shown in Exhibit D. Future revisions for short-term lodging fees will be made through Resolution. March 5, 2024 G - 6 4 Section 16. City staff is directed to prepare and deliver the following reports: A. Vacant and Blighted Properties As part of the 2025 Comprehensive Plan, the Directors of Finance, Community and Economic Development, Public Works and Utilities, Police Chief, and City Attorney will present options to the Planning Commission for encouraging the redevelopment of vacant an d blighted properties. Section 17. - 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 18. - 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 19. - 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 on July 1, 2024, after publication of an approved summary thereof consisting of the title. Section 20 – Enforcement Stayed. The Chief of Police and the Director of Community and Economic Development shall Stay Enforcement of this Ordinance until November 1, 2024. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of ___________, 2024. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney March 5, 2024 G - 7 5 ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk March 5, 2024 G - 8 1 Exhibit A NEW CHAPTER 17.23 SHORT-TERM RENTALS 17.23.010 Purpose. The purpose of this chapter is to establish regulations for the operation of short-term rentals within the City of Port Angeles. This Chapter does not apply to hotels, motels, and bed and breakfasts. This Chapter also establishes a short-term rental business license permit program; platform-based enforcement provisions; and building and fire life-safety inspection requirements for all short-term rentals. 17.23.020 Definitions (Reserved). 17.23.030 Applicability. A.The licenses required by this Chapter prevail over other provisions of the PAMC that may relate to short-term rental licenses, as amended now or hereafter. In the event of a conflict, the provisions in this Chapter shall control. B.A short-term rental business license is required for all short-term rentals occurring in the City. C.The Director is hereby authorized to implement, interpret, enforce, and make Director’s Determinations for any section of this Chapter and any other applicable PAMC chapters. Director’s Determinations are intended to clarify and explain the PAMC requirements. 17.23.040 Short-Term Rental Platform Business License. A.It is unlawful for any person to operate as a platform within the City without a valid platform business license pursuant to this Chapter. B.Platform business licenses are issued by the Director and may be obtained by filing an application to the City’s Community and Economic Development Department. C.All platforms operating in the City of Port Angeles must comply with the following: 1.Possess a valid platform business license issued pursuant to this Chapter. 2.Prior to providing booking services, require that all owners, authorized agents, and/or operators using the platform obtain a valid short-term rental business license through the City and include a business license number in any listing for a short-term rental on the platform. 3.Remove any listings from the platform within four business days upon notification by the City that a short-term rental listed on the platform does not comply with the requirements of this Chapter. 4.Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year’s operations: a.The total number of short-term rentals in the City listed on the platform during the applicable reporting period, and March 5, 2024 G - 9 2 b. The total number of nights each short-term rental was rented through the platform during the applicable reporting period. 5. Inform all owners, authorized agents, and/or operators who use the platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the platform does this on their behalf. 6. Provide to the City a listing of all owners, authorized agents, and/or operators inside the City for which the platform provides booking services by February 1 of each year for the previous year’s operations. 7. Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this Chapter in a manner consistent with state and federal law. 17.23.050 Short-Term Rental Fire Life-Safety Requirements and Inspections. All short-term rentals must comply with the following inspection requirements: A. All short-term rental owners or authorized agents must obtain a fire life-safety inspection of the rental, and pay the inspection and review fees outlined in the Port Angeles Master Fee Schedule for each new or renewed license. Type I short-term rentals are required to meet the provisions for the entire structure where the rooms are located. B. All short-term rentals must have a code-compliant, non-expired fire extinguisher located visibly on each floor of the dwelling and one located within six feet of any cooking appliances. C. Inspection results may require minor building renovations or improvements, specifically related to fire life-safety items, requiring a building permit through the City’s Community and Economic Development Department. D. All short-term rental licenses will contain the following language: 1. The fire life-safety review for this short-term rental is limited to basic fire life- safety inspection, including but not limited to 911 locator consistency, handrails, guardrails, egress, ingress, exterior safety lighting, smoke and carbon monoxide detection and warning, repair of any notably dangerous building concerns, and pool safety regulations. The short-term rental business license inspection is not to be construed to be an exhaustive review of all potential life/safety issues that may be present in the facility. By accepting and utilizing the short-term rental license issued by the City or utilizing the licensed short-term rental, the owner, authorized agent, short-term rental platform, guest, short-term rental operator, or any other person with interest agrees to hold the City Harmless in the event of any damage, property damage, personal injuries, and any other monetary or liabilities occurring from the short-term rental. E. Any short-term rental undergoing renovations, improvements, or upgrades may not operate until all items are completed and required building permits are finalized. The City will temporarily suspend any short-term rental business license until such renovations, improvements, or upgrades are finished and finalized by the City’s March 5, 2024 G - 10 3 Community and Economic Development Building Division. Any suspension will not alter the renewal date requirement. F. All egress must be adequately sized and unobstructed to allow proper escape from each sleeping unit and escape from the main dwelling. G. Failure to schedule and pass any required inspection is grounds for denial or revocation of the short-term rental business license. 1. Upon notification by the City, the short-term rental owner, authorized agent, and/or operator will have 90 days to comply with any new minor fire life-safety upgrades. When required, the applicant must obtain a building permit, complete the work, and receive approval for the final building inspection. 2. The Director may grant extensions based on a review of the circumstances, hardships, or proposed work timelines. Any extensions will be provided to the owner, authorized agent, and/or operator in writing, detailing the length of time of extension, requirements, and other relevant provisions. 17.23.060 Zoning, Allowance, and Use Requirements: The following zoning, allowance, and use table requirements apply to all short-term rentals within the City. Key to use the table: A. P(L) = “Permitted if Licensed” means short-term rentals allowed with a short-term rental business license. B. E (PL) = “Existing Permitted if Licensed” means noncompliant short-term rentals existing on July 1, 2024 are allowed if eligible to obtain a license in accordance with this Chapter and if they meet the standards under PAMC 17.23.080. C. No = “No” means the use is prohibited. D. No Limitation = “No Limitation” means the number of short-term rentals of a particular type is not limited; therefore, no maximum cap on the number of units is set. E. N/A = “Not Applicable” for table 17.23.060-1 means that the requirement limitation of the number of units does not apply because that type of short-term rentals in that zone are prohibited. Table 17.23.060 -1: Zone Classification New type I short- term rental Max # of new type 1 short-term rentals New type II short- term rental Max # of new type II short-term rentals Residential, Mixed Density (R7) P(L) No Limitation No E(PL)** March 5, 2024 G - 11 4 Residential, Low Density (R9) P(L) No Limitation No E(PL)** Residential, Low Density (R11) P(L) No Limitation No E(PL)** Residential, Medium Density (RMD) P(L) No Limitation P(L) No Limitation* Residential, High Density (RHD) P(L) No Limitation P(L) No Limitation* Commercial Office (CO) P(L) No Limitation P(L) No Limitation* Commercial Neighborhood (CN) P(L) No Limitation P(L) No Limitation* Community Shopping District (CSD) P(L) No Limitation P(L) No Limitation* Commercial Arterial (CA) P(L) No Limitation P(L) No Limitation* Central Business District (CBD) P(L) No Limitation P(L) No Limitation* Commercial Regional (CR) P(L) No Limitation P(L) No Limitation* Mixed Commercial Overlay (MCO) P(L) No Limitation P(L) No Limitation* Industrial Light (IL) No N/A No N/A Industrial Heavy (IH) No N/A No N/A Industrial Park (IP) No N/A No N/A Industrial Marine (IM) No N/A No N/A Public Building – Park No N/A No N/A *Citywide Cap of 100 Annual Short-Term Rental Business Licenses, or 1% of Total Single Household Dwellings/Duplex Units (whichever is greater). Once the cap is reached the Director March 5, 2024 G - 12 5 will implement a waiting list for those complete applications in order of date received. As licenses become available, this list will be utilized until the cap is reached again. **These temporary licensees are exempt from the Citywide Cap above. 17.23.070 Standards. All short-term rentals must comply with the following standards: A. After July 1, 2024, no person may operate a short-term rental without obtaining and maintaining a short-term rental business license. B. Licensed short-term rentals must only use platforms licensed by the City. Licensees may alternatively direct book. C. Only one short-term rental license will be issued per parcel. D. Only one short-term rental license will be issued per Owner. E. Each separate dwelling unit rented as a short-term rental must have its own license. F. Short-term rental owners and authorized agents must obtain and maintain liability insurance that satisfies the requirements of RCW 64.37.050. Proof will be required at application and renewals. G. Parking is required. Onsite parking is preferred; however, if onsite parking is not available, the provisions of Chapter 14.40.045(E) must be utilized. H. Events by guests are not allowed at any short-term rental. I. Short-term rentals are not permitted in housing units subsidized through City programs, including but not limited to a Fee Waiver, NICE Neighborhood Funds, and the Affordable Housing Sales Tax Fund. J. Short-term rentals are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.) K. All short-term rental owners must arrange for regular municipal garbage collection. L. The owner, authorized agent, operator, and/or local contact must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC. M. Short-term rentals must have the following items posted in a conspicuous place inside the residence: 1. The license; 2. The good neighbor policy per PAMC 17.23.090; and 3. Emergency contact information, including the residence address. N. All short-term rentals must comply with the applicable federal, state, and local fire, building, and health codes. O. Licenses are not transferable or assignable. Licenses issued to an LLC must also include and be issued to the LLC governing member or owner. No transfer of the LLC governing member or owner is allowed. Any transfer of ownership, transfer to LLC, transfer to March 5, 2024 G - 13 6 another location or structure is not allowed. Any such changes identified in this code require a new license and payment of applicable fees. P. All short-term rentals must have a visible, legible address. 17.23.080 Noncompliant Short-Term Rentals. A. After July 1, 2024, some noncompliant short-term rentals may be permitted, subject to the conditions set out below. B. To qualify as a noncompliant short-term rental, the owner must: 1. Obtain and maintain a short-term rental business license with the City within one year of July 1, 2024. 2. Provide substantial proof of operation prior to July 1, 2024. a. Substantial proof can include rental logs, reservation logs, proof of lodging tax payments, and/or listing status. 1. If lodging taxes were not paid, repayment of all past due taxes is required, calculated by the rental history obtained from the platforms the short-term rental was listed on, or information provided in subsection 17.23.080(B)(2)(a). 3. Meet one of the following as determined by the Director. a. Economic Hardship. 4. Pay to the City the short-term rental business license and inspection fee for the initial noncompliant review as noted in the Master Fee Schedule. 5. Noncompliant short-term rental licenses will be issued annually and will not be renewed or continued after July 1, 2029. 17.23.090 Good Neighbor Policy. A. The owner or the authorized agent must notify each adjacent and facing property owner of said property of the existence of the short-term rental business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies. B. A copy of all rules, restrictions, and conditions imposed on the short-term rental must be posted in a prominent location in the short-term rental. C. Noise concerns: The hours between 10:00 PM and 7:00 AM are designated “quiet time” so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.23.030 – Disturbing the peace. D. Whenever the short-term rental is rented, the local contact must be available twenty-four hours per day, seven days per week, to accept and respond physically to the short-term rental within 60 minutes of receiving a call to address complaints concerning noise levels. Failure to respond to all verifiable complaints will result in violation. March 5, 2024 G - 14 7 E. Property condition: The owner, guests, local contact, and/or authorized agent must keep the short-term rental property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property. F. The owner or authorized agent must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule. G. The owner or authorized agent must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located. H. The guests must not block any driveways, streets, rights-of-way, or other public or private access routes. I. All guests, owners, authorized agents, and/or operators must comply with the City’s Nuisance Code, Chapter 8.30 PAMC. 17.23.100 Short-Term Rental Business License Application Requirements. An application for a short-term rental business license must be determined complete to reserve a business license spot. A complete application includes: A. A complete application for the City’s short-term rental business license. B. A site plan to scale, of the property, showing the entire dwelling unit used for the short- term rental, all other structures, parking, entrance and exit locations, and other relevant information as required by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method. C. Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method. D. Proof of short-term rental liability insurance pursuant to RCW 64.37.050. E. Copy of the owner’s State of Washington Master Business License. F. Payment of all fees as determined by the City’s Master Fee Schedule upon the application being deemed complete. G. Any other information the Director deems reasonably necessary to administer this Chapter. H. If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit. March 5, 2024 G - 15 8 I. A signed copy of the good neighbor policy. This policy shall be posted at the site after City review and approval. J. If the application is to renew an existing short-term rental business license, the following is also required: 1. A copy of the operating year’s rental log, including the price per night per rental in the City, charged per guest, and the total price charged for each guest’s stay. 2. Documentation showing the lodging tax paid to the State of Washington for the previous year of operation. 17.23.110 Review Procedures. A. Staff shall determine whether an application for a short-term rental business license is complete within 28 days after application submittal. B. Staff will determine capacity for a short-term rental. If there is no capacity for a short- term rental, the application will be denied and be offered a place on the waiting list. C. Procedures A and B listed above must be complete and meet this chapter's requirements before the City inspector performs the inspection. D. If the building report review, checklist, or inspection results in any failed areas, the applicant must fix all required items, obtain any permits necessary to resolve any items, and finalize any required permits prior to issuance of a short-term rental license. E. If the inspection fails, or further correction or information is required for the City Inspector’s report, the applicant will be charged a reinspection fee. This reinspection fee will be charged for each required subsequent review or reinspection until all items pass. The applicant is responsible for working with the Community and Economic Development Building Division to ensure a complete application and must have an approved building permit to proceed with any work. F. The City will only issue the short-term rental business license if the application meets all standards and passes all reviews and inspections. G. The short-term rental business license and associated conditions must be posted visibly for all guests. H. Water, sewer, power, adequate access from a public right-of-way, police, fire, and waste disposal must be available and adequate for the proposed short-term rental. I. The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include but are not limited to traffic volume and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service. J. The proposal must be compatible with the surrounding area aspects, including but not limited to landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure. March 5, 2024 G - 16 9 17.23.120 Director Decision. The Director is authorized to and will approve, deny, or approve with modifications or conditions, all short-term rental business licenses in writing in the form of a license or a denial letter. The Director must attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this Chapter. A. Any person aggrieved by the decision of the Director under this Chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner Fees in the Master Fee Schedule. B. Appeals must be submitted to the Director in writing within 15 days following the date of the Director’s decision. C. The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director’s decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner’s decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. 17.23.130 Term of an Annual Short - Term Rental Business License. A. A short-term rental business license will be issued for a period of one year, with its effective date running from the date of issuance. The license must be renewed annually. The applicant must submit the renewal application 60 days prior to the existing short- term rental business license’s expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration. B. The short-term rental business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner will have to obtain a new license and comply with the regulations stated in this Chapter to operate as a short-term rental. The short-term rental business license is not a vested transferable right. 17.23.140 Short-Term Rental Platform – Violations and Enforcement. A. Violations. It is a violation of this Chapter for any person or platform to: 1. Operate a short-term rental platform within Port Angeles without possessing a valid short-term rental platform business license issued pursuant to section PAMC 17.23.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number. 2. Fail to require that any owner, authorized agent, or operator for a short-term rental using the platform, prior to providing booking services, possess a valid short-term rental business license issued by the City and include the business license number in any listing. 3. Fail to post the business license number for all City of Port Angeles listings. 4. Fail to remove any listing for short-term rentals within four business days after written notice of violation is provided by the City to the platform. Failure to remove the listing within four business days will result in penalties per this Chapter. March 5, 2024 G - 17 10 5. Misrepresent any material fact in an application for a platform business license or submit inaccurate information to the City when the City requests information from the platform pursuant to this Chapter. 6. Fail to comply with any requirements of this Chapter applicable to short-term rental platforms. 17.23.150 Short-Term Rental Owner, Authorized Agent, and/or Operator – Violations and Enforcement. A. Violations. It is a violation of this Chapter for any person to: 1. Offer or provide a dwelling unit, or portion thereof, for short-term rental use without possessing a valid short-term rental business license for that dwelling unit, or portion thereof, issued pursuant to this Chapter. 2. Offer a short-term rental of any type on a platform without possessing a valid short-term rental business license pursuant to this Chapter. 3. Utilize a platform that is not licensed by the City. 4. Misrepresent any material fact in any short-term rental business license application or other information submitted to the City pursuant to this Chapter. 5. Fail to comply with any requirements of this Chapter applicable to owners, authorized agents, or operators of a short-term rental. 17.23.160 Enforcement. A. Using the procedures set out in PAMC 2.90, this Chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this Chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines. B. Violations of this Chapter are civil violations, and penalties for violations of this Chapter may be imposed as follows: Violations: • 1st Violation of PAMC 17.23 $500.00 • 2nd Violation of PAMC 17.23 $1,000.00 • 3rd + Subsequent Violations of PAMC 17.23 $3,000.00 Daily Fines – once notice of violation and order to cease issued: • Daily Fee for the first 14 days $500.00 per day • Daily Fee for each day after 14 days $1,000.00 per day 17.23.170 Limitations. A. Once a short-term rental business license has been issued, it cannot be transferred to another location, owner, authorized agent, and/or operator. B. The short-term rental platform business license will be valid for a period of one year only. The short-term rental platform must apply for a renewal at least 60 days before the March 5, 2024 G - 18 11 current short-term rental platform business license expiration as set forth in this Chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date. C. The short-term rental business license shall be valid for a period of one year only. The owner, authorized agent, and/or operator must apply for a renewal at least 60 days before the current short-term rental business license expiration as set forth in this Chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date. 17.23.180 Denial, Revocation, or Refusal to Renew any Short Term Rental Business License. A. The Director may immediately deny, revoke, or refuse to renew the short-term rental platform business license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this Chapter. B. The Director may immediately deny, revoke, or refuse to renew the short-term rental business license of any owner, authorized agent, and/or operator for violating or failing to comply with any applicable provision or for any reason set forth in this Chapter. C. No short-term rental business license or platform business license issued pursuant to this Chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City’s Community and Economic Development Department or the City’s Code Enforcement Division. D. Appeals shall be submitted to the Director in writing within 15 days following the date of the decision. E. The Hearing Examiner shall conduct a hearing on the appeal of the Director’s decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner’s decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner Fees in the Master Fee Schedule. March 5, 2024 G - 19 1 Exhibit B NEW CHAPTER 17.24 BED AND BREAKFASTS 17.24.010 Purpose. The purpose of this chapter is to establish regulations for the operation of bed and breakfasts within the City of Port Angeles. This Chapter does not apply to hotels, motels, and short-term rentals. This Chapter also establishes a bed and breakfast business license permit program, platform-based enforcement provisions, and building fire life-safety inspection. 17.24.020 Definitions (Reserved). 17.24.030 Applicability. A.The licenses required by this Chapter prevail over other provisions of the PAMC that may relate to bed and breakfast licenses, as amended now or hereafter. In the event of a conflict between the provisions, the provisions in this Chapter control. B.A bed and breakfast business license is required for all bed and breakfasts in the City. C.The Director is hereby authorized to implement, interpret, enforce, and make Director’s Determinations for any section of this Chapter and any other applicable PAMC chapters. Director’s Determinations are intended to clarify and explain the PAMC requirements. 17.24.40 Bed and Breakfast Platform Business License. A.It is unlawful to operate as a bed and breakfast platform within the City without a valid platform business license pursuant to this Chapter. B.Platform business licenses are issued by the Director and may be obtained by filing an application to the City’s Community and Economic Development Department. C.All platforms operating in the City of Port Angeles must comply with the following: 1.Possess a valid platform business license issued pursuant to this Chapter. 2.Prior to providing booking services, require that all bed and breakfast operators using the bed and breakfast platform obtain a valid bed and breakfast business license through the City and include a business license number in any listing for a bed and breakfast on the platform. 3.Remove any listings from the platform within four business days upon notification by the City that a bed and breakfast listed on the platform does not comply with the requirements of this Chapter. 4.Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year’s operations: a.The total number of bed and breakfasts in the City listed on the platform during the applicable reporting period, and March 5, 2024 G - 20 2 b. The total number of nights per bed and breakfast for all bed and breakfasts that were rented through the platform during the applicable reporting period. 5. Inform all bed and breakfast operators who use the bed and breakfast platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the bed and breakfast platform does this on their behalf. 6. Provide to the City a listing of all owners and bed and breakfast operators inside the City for which the platform provides booking services by February 1 of each year for the previous year’s operations. 7. Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this Chapter in a manner consistent with state and federal law. 17.24.050 Bed and Breakfast Fire Life-Safety Requirements and Inspections. All bed and breakfasts must comply with the following inspection requirements: A. All bed and breakfast owners or authorized agents must obtain an annual fire life-safety inspection of the rental and pay the inspection and review fees outlined in the Port Angeles Master Fee Schedule. Bed and breakfasts are required to meet the provisions for the entire structure where the rooms are located. B. All bed and breakfasts must have a code compliant, non-expired fire extinguisher located visibly on each floor of the dwelling and one located within six feet of any cooking appliances. C. Inspection results may require minor building renovations or improvements, specifically related to fire life-safety items, requiring a building permit through the City’s Community and Economic Development Department. D. All bed and breakfast licenses will contain the following language: 1. The fire life-safety review for this bed and breakfast is limited to basic fire life safety inspection, including but not limited to 911 locator consistency, handrails, guardrails, egress, ingress, exterior safety lighting, smoke and carbon monoxide detection and warning, repair of any notably dangerous building concerns, and pool safety regulations. The bed and breakfast business license inspection shall not be construed to be an exhaustive review of all potential life/safety issues that may be present in the facility. By accepting and utilizing the bed and breakfast license issued by the City or utilizing the licensed bed and breakfast, the owner, authorized agent, bed and breakfast platform, guest, bed and breakfast operator, or any other person with interest agrees to hold the City Harmless in the event of any damage, property damage, personal liability issues, and any other monetary or liabilities occurring from a bed and breakfast. E. Any bed and breakfast requiring renovations, improvements, or upgrades may not operate until all items are completed and required building permits are finalized. The City will temporarily suspend any bed and breakfast business license until such March 5, 2024 G - 21 3 renovations, improvements, or upgrades are finished and finalized by the City’s Community and Economic Development Building Division. F. All egress must be adequately sized and unobstructed to allow proper escape from each sleeping unit and escape from the main dwelling. G. Failure to schedule and pass an annual inspection is grounds for revocation of the bed and breakfast business license. 1. Upon notification by the City, the bed and breakfast owner, authorized agent, and/or bed and breakfast operator will have 90 days to comply with any new minor fire or life safety upgrades. When required, the applicant must obtain a building permit, complete the work, and receive approval for the final building inspection. 2. The Director may grant extensions based on a review of the circumstances, hardships, or proposed work timelines. Any extensions will be provided to the bed and breakfast operator in writing, detailing the length of time of extension, requirements, and other relevant provisions. 17.24.060 Zoning, Allowance, and Use Requirements: The following zoning, allowance, and use table requirements apply to all bed and breakfasts within the City. Key to use the table: A. P(L) = “Permitted if Licensed”. Bed and breakfasts are allowed with a bed and breakfast license. B. No = Prohibited Use. Table 17.24.060 -1 Zone Classification New bed and breakfasts Existing bed and breakfasts Residential, Mixed Density (R7) P(L) P(L) Residential, Low Density (R9) P(L) P(L) Residential, Low Density (R11) P(L) P(L) Residential, Medium Density (RMD) P(L) P(L) Residential, High Density (RHD) P(L) P(L) Commercial Office (CO) P(L) P(L) Commercial Neighborhood (CN) P(L) P(L) Community Shopping District (CSD) P(L) P(L) Commercial Arterial (CA) P(L) P(L) Central Business District (CBD) P(L) P(L) Commercial Regional (CR) P(L) P(L) Industrial Light (IL) No No Industrial Heavy (IH) No No Industrial Park (IP) No No Industrial Marine (IM) No No March 5, 2024 G - 22 4 Public Building – Park New Bed and Breakfasts may be allowed subject to the underlying zoning, see above. No P(L) 17.24.070 Standards. All bed and breakfasts must comply with the following standards: A. After July 1, 2024, no person may operate a bed and breakfast without obtaining and maintaining a bed and breakfast business license. B. Licensed bed and breakfasts must only use platforms licensed by the City. Licensees may alternatively direct book. C. Bed and breakfasts may provide breakfast, light snacks, or both to guests, and the facility and operator must meet applicable health and safety regulations, including but not limited to regulations of Clallam County Public Health and the Washington State Department of Health, which may require separate permits. D. The bed and breakfast operator or owner must remain onsite, while guests are present. E. A bed and breakfast with four or fewer guest rooms must provide parking spaces for the operator and one space per guest bedroom. Bed and breakfasts with more than four guest rooms must provide parking spaces for the operator, guests, and employees. F. Events by guests are allowed up to the occupancy limit that is determined by the number of bedrooms, the Clallam County Health Department, and/or the Liquor and Cannabis Board. G. Bed and breakfasts are not permitted in housing units subsidized through City programs, including but not limited to a Fee Waiver, NICE Neighborhood Funds, and the Affordable Housing Sales Tax Fund. H. Bed and breakfasts are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.) I. All bed and breakfast owners must arrange for regular municipal garbage collection. J. The bed and breakfast operator must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC. K. Bed and breakfasts must have the following items posted conspicuously inside each guest room: 1. The license; 2. The good neighbor policy per PAMC 17.24.090; and 3. Emergency contact information, including the residence address. L. All bed and breakfasts must comply with the applicable international, federal, state, and local fire, building, and health codes. M. All bed and breakfasts must have a visible, legible address. March 5, 2024 G - 23 5 17.24.080 Noncompliant Bed and Breakfast (Reserved). 17.24.090 Good Neighbor Policy. A. The bed and breakfast operator must notify each adjacent and facing property owner of said property of the existence of the bed and breakfast business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies. B. A copy of all rules, restrictions, and conditions imposed on the bed and breakfast must be posted in a prominent location in the bed and breakfast. C. Noise concerns: The hours between 10:00 PM and 7:00 AM are designated “quiet time” so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.24.030 – Disturbing the peace. D. Property condition: The owner, guests, local contact, and/or authorized agent must keep the property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property. E. The bed and breakfast operator must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule. F. The bed and breakfast operator must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located. G. The guests must not block any driveways, streets, rights-of-way, or other public or private access routes. H. All guests, owners, authorized agents, and/or operators must comply with the City’s Nuisance Code, Chapter 8.30 PAMC. 17.24.100 Bed and Breakfast Business License Application Requirements. An application for a bed and breakfast business license must be determined complete. A complete application includes: A. A completed application form for the City’s bed and breakfast business license. B. A site plan to scale, of the property, showing the entire dwelling unit used for the bed and breakfast, all other structures, parking, entrance and exit locations, and other relevant information as requested by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method. C. Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. March 5, 2024 G - 24 6 A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method. D. The bed and breakfast operator must provide copies of approvals from the applicable State and Local regulatory departments. E. Copy of the owner’s State of Washington Master Business License. F. Payment of all fees as determined by the City’s Master Fee Schedule upon the application being deemed complete. G. Any other information the Director deems reasonably necessary to administer this Chapter. H. If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit. I. A signed copy of the good neighbor policy. This policy must be posted at the site after City review and approval. J. If the application is to renew an existing bed and breakfast business license, the following is required: 1. A copy of the operating year’s rental log, including the price per night charged per guest and the total price charged for each guest’s stay. 2. Documentation showing the lodging tax paid to the State of Washington for the previous year of operation. 17.24.110 Review Procedures. A. Staff shall determine whether an application for a bed and breakfast business license is complete within 28 days after application submittal. B. If the building report review, checklist, or inspection results in any failed areas, the applicant must fix all required items, obtain any permits necessary to resolve any items, and finalize any required permits prior to issuance of a bed and breakfast license. C. If the inspection fails, or further correction or information is required for the City Inspector’s report, the applicant will be charged a reinspection fee. This reinspection fee will be charged for each required subsequent review or reinspection until all items pass. The applicant is responsible for working with the Community and Economic Development Building Division to ensure a complete application and must have an approved building permit to proceed with any work. D. The City will only issue the bed and breakfast business license if the application meets all standards and passes all reviews and inspections. The bed and breakfast business license and associated conditions must be posted visibly for all guests. E. Water, sewer, power, adequate access from a public right-of-way, police, fire and waste disposal must be available and adequate for the proposed bed and breakfast. F. The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include but are not limited to traffic volume March 5, 2024 G - 25 7 and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service. G. The proposal must be compatible with the surrounding residential area aspects, including, but not limited to landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure. 17.24.120 Director Decision. The Director is authorized to and will approve, deny, or approve with modifications or conditions, all bed and breakfast business licenses in writing in the form of a license or a denial letter. The Director must attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this Chapter. A. Any person aggrieved by the decision of the Director under this Chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner Fees in the Master Fee Schedule. B. Appeals must be submitted to the Director in writing within 15 days following the date of the Director’s decision. C. The Hearing Examiner shall conduct a hearing on the appeal of the Director’s decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. 17.24.130 Term of an Annual Bed and Breakfast Business License. A. A bed and breakfast business license will be issued for a period of one year, with its effective date running from the date of issuance. The license must be renewed annually. The applicant must submit the renewal application 60 days prior to the existing business license’s expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration. B. The bed and breakfast business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner would have to obtain a new license and comply with the regulations stated in this Chapter to operate as a bed and breakfast. The bed and breakfast business license is not a vested transferable right. 17.24.140 Bed and Breakfast Platform – Violations and Enforcement. A. Violations. It is a violation of this Chapter for any person or bed and breakfast platform to: 1. Operate a bed and breakfast platform within Port Angeles without possessing a valid bed and breakfast platform business license issued pursuant to section 17.24.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number. 2. Fail to require that any owner, authorized agent, or bed and breakfast operator using the bed and breakfast platform, prior to providing booking services, March 5, 2024 G - 26 8 possess a valid bed and breakfast business license issued by the City and include the business license number in any listing. 3. Fail to post the business license number for all City of Port Angeles listings. 4. Fail to remove any listing for a bed and breakfast within four business days after written notice of violation is provided by the City to the bed and breakfast platform. Failure to remove the listing within four business days will result in penalties per this Chapter. 5. Misrepresent any material fact in an application for a bed and breakfast platform business license or submit inaccurate information to the City when the City requests information from the bed and breakfast platform pursuant to this Chapter. 6. Fail to comply with any requirements of this Chapter applicable to bed and breakfast platforms. 17.24.150 Bed and Breakfast Operator – Violations and Enforcement. A. Violations. It is a violation of this Chapter for any person to: 1. Offer or provide a dwelling unit, or portion thereof, for bed and breakfast use without possessing a valid bed and breakfast business license for that dwelling unit, or portion thereof, issued pursuant to this Chapter. 2. Offer a bed and breakfast on a bed and breakfast platform without possessing a valid bed and breakfast business license pursuant to this Chapter. 3. Utilize a platform that is not licensed by the City. 4. Misrepresent any material fact in any bed and breakfast business license application or other information submitted to the City pursuant to this Chapter. 5. Fail to comply with any requirements of this Chapter applicable to owners, authorized agents, or bed and breakfast operators of a bed and breakfast. 17.24.160 Enforcement. A. Using the procedures set out in PAMC 2.90, this Chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this Chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines. B. Violations of this Chapter are civil violations, and penalties for violations of this Chapter may be imposed as follows: Violations: • 1st Violation of PAMC 17.24 $500.00 • 2nd Violation of PAMC 17.24 $1,000.00 • 3rd + Subsequent Violations of PAMC 17.24 $3,000.00 Daily Fines – once notice of violation and order to cease issued: • Daily Fee for the first 14 days $500.00 per day March 5, 2024 G - 27 9 • Daily Fee for each day after 14 days $1,000.00 per day 17.24.170 Limitations. A. Once a bed and breakfast business license has been issued, it cannot be transferred to another location or bed and breakfast operator. B. The bed and breakfast platform business license will be valid for a period of one year only. The bed and breakfast platform must apply for a renewal at least 60 days before the current bed and breakfast platform business license expiration as set forth in this Chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date. C. The bed and breakfast business license will be valid for a period of one year only. The bed and breakfast operator must apply for a renewal at least 60 days before the current bed and breakfast business license expiration as set forth in this Chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date. 17.24.180 Denial, Revocation, or Refusal to Renew any Bed and Breakfast Business License. A. The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business platform license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this Chapter. B. The Director may immediately deny, revoke, or refuse to renew the bed and breakfast business license of any bed and breakfast operator for violating or failing to comply with any applicable provision or for any reason set forth in this Chapter. C. No bed and breakfast business license or platform business license issued pursuant to this Chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City’s Community and Economic Development Department or the City’s Code Enforcement Division. D. Appeals shall be submitted to the Director in writing within 15 days following the date of the decision. E. The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director’s decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner’s decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner Fees in the Master Fee Schedule. March 5, 2024 G - 28 1 Exhibit C Miscellaneous Code Revisions 14.36.010 - Purpose. The purpose of this chapter is to enhance the aesthetic and commercial appeal of the City by establishing standards and regulations for the design, placement, size and maintenance of all exterior signs and sign structures which convey a commercial message and aid the general public in locating businesses, goods, and services. The intent of the Sign Code is to differentiate between the intensities of various commercial and industrial zones as well as the pedestrian character of the Central Business District and Commercial Neighborhood Zones and the automobile-oriented character of other commercial and industrial zones. Commercial message signs are not allowed in residential zones, except as provided for residential trailer parks, short-term rentals, and bed and breakfasts in Chapters 17.13, 17.23, and 17.24 17.18 PAMC. Residential structure and subdivision identification signs permitted in Titles 16 and 17 PAMC are not considered commercial message signs and, therefore, are not regulated under the Sign Code. It is further the purpose of this chapter to protect the general health, safety and welfare of the citizens of the City and ensure vehicular and pedestrian safety by prohibiting flashing, rotating, fluttering, mobile, and similar signs or devices that may distract or change locations and thereby endanger the traveling public. 17.01.020 - Purposes of zones. T.Bed and breakfast permit. The purpose of this chapter is to ensure that a bed and breakfast is compatible with its surrounding properties, and when located in a residential neighborhood, ensure nuisance mitigation for the surrounding residences. This special use provides procedures and regulations for business activities taking place within a residential use. 17.08.010 – “A.” Authorized Agent. A property management company, other entity, or person designated by the owner in writing to act on their behalf. The authorized agent may or may not be the local contact for complaints. 17.08.015 - "B." A.Bed and breakfast. A single-household residence that remains owner-occupied at all times and provides lodging for guests and travelers for a period of up to 30 days, and where food service is typically limited to breakfast, which may be served to overnight guests only. Bed and breakfasts are outright permitted uses in all residential high and medium density zones, but are a conditional use in residential single-household zones. Bed and breakfast. A lodging use where rooms within a single dwelling unit are provided to guests by an onsite resident bed and breakfast operator or owner for a fee by prearrangement on a daily or short-term basis. Breakfast and/or light snacks are served to those renting rooms in the bed and breakfast. March 5, 2024 G - 29 2 Bed and breakfast operator. Any person who is the owner or resident manager of a bed and breakfast unit. Bed and breakfast platform or Platform. A person other than the bed and breakfast operator that provides a means through which a bed and breakfast operator may offer a bed and breakfast unit and from which the person financially benefits. Bed and breakfast unit. A room within a bed and breakfast that is offered or provided to a guest(s) by a bed and breakfast operator for a fee for fewer than 30 consecutive nights. Blighted Property. A property within the City which is suffering from physical dilapidation, deterioration, defective construction, or inadequate sanitary facilities as determined by the building standards of the International Property Maintenance Code as adopted by the City. 17.08.020 – “C.” City Building Inspector. A building inspector employed by the City. 17.08.025 – “D.” Designated lessee. A person who resides at a principal residence in a minimum one-year long-term lease with the owner. Director. The Department of Community and Economic Development Director or his/her designee. Dwelling unit, Short-term rental and bed and breakfast. A building or portion thereof with one or more rooms that are arranged, designed, or used for occupancy as separate living quarters and is constructed in accordance with the International Building Code or International Residential Code. Permanently installed kitchen, sleeping, and sanitary facilities must always be provided within the dwelling unit. 17.08.030 – “E.” Economic hardship. Economic hardship occurs when the applicant demonstrates to the Director of Finance that the total income of his or her household is at or below 65% area median income (AMI) or provides documentation that the applicant is currently receiving one of the following benefits: ▪ Senior Property Tax Exemption from the Clallam County Assessor’s Office; or ▪ Utility Discount through the City of Port Angeles or Clallam County PUD; or ▪ Temporary Assistance to Needy Families (TANF); or ▪ Disability through the Social Security Administration. Event. A wedding, bachelor or bachelorette party, concert, sponsored event, large gathering, or any similar group activity. 17.08.035 – “F.” Fire life-safety checklist. A checklist of all City requirements to safely operate a short-term rental or bed and breakfast reviewed and updated by the City on a yearly basis to ensure all requirements March 5, 2024 G - 30 3 are current and best practices. This checklist will outline all requirements for fire life-safety operations for a short-term rental. Fire life-safety inspection. A yearly inspection required to operate a short-term rental or bed and breakfast that reviews compliance with applicable International Fire Code, International Commercial Code, International Residential Code, or other federal, state, or local building requirements pertaining to building safety, fire prevention, and safety, or other safety requirements. 17.08.040 – “G.” Guest. Any person or persons renting a short-term rental. 17.08.065 – “L.” Licensee. A holder of (a) a Short-Term Rental Business License, or (b) a Bed and Breakfast Business License, or (c) a Platform Business License from the City. Local contact. A person identified by the owner who can respond twenty-four hours a day, seven days a week, to any complaint about the short-term rental during rental periods. 17.05.075 – “N.” Noncompliant short-term rental. A short-term rental that was in operation before July 1, 2024, and was not compliant with the ordinances in effect prior to July 1, 2024. 17.08.080 – “O.” Operator. Any person who is the owner or tenant of an established dwelling unit, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for short-term rental use. Owner, short-term rental and bed and breakfast. Any person who, alone or with others, has title or interest in any building, property, dwelling unit, or portion thereof, with or without accompanying actual possession thereof, and including any person who, as agent, executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, dwelling unit, or portion thereof. A person whose sole interest in any building, dwelling unit, or portion thereof is solely that of a lessee under a lease agreement shall not be considered an owner. 17.08.085 – “P.” Parcel. A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. Principal residence. A residence where the owner or designated lessee personally resides and is a person's usual place of return for housing as documented by motor vehicle registration, driver's license, voter registration, or other such evidence as determined by the Director. A person may have only one principal residence. 17.08.090 – “R.” March 5, 2024 G - 31 4 Rental period. The period a dwelling unit or portion thereof is rented to a single party, regardless of whether that party consists of one individual or multiple individuals. 17.08.095 - "S." D. Short-term rental. Lodging or guest rooms used, rented or occupied for guest sleeping purposes for a period of time 30 days or less, and that contain kitchen facilities for food preparation, including, but not limited to, refrigerators, stoves and ovens. This definition includes dwelling units used, rented or hired out for vacation homes or short-term rentals that allow guests to stay for 30 days or less. Dwelling units used, rented or hired out for longer than 30 days are considered long- term rentals and not extended stay lodging. D. Short-term rental. A dwelling unit used as temporary lodging for a charge or fee for a rental period of less than thirty (30) continuous days. Short-term rentals are classified as either Type I or Type II. 1. “Type I short-term rental” A short-term rental at a dwelling that is the owner or designated lessee’s principal residence and where rooms, accessed thought a common entrance, are rented, and the owner or designated lessee is personally present at the dwelling during the rental period. Room rentals are limited to numbers below those of congregate housing as defined by the International Code Council (ICC), which requires substantial commercial upgrades to the residence for fire, life, and building safety. 2. “Type II short-term rental” A short-term rental at a dwelling unit that is not the owner’s or designated lessee’s principal residence. E. Short-term rental platform or platform. A person established primarily for the purpose of providing a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform. F. Short-term lodging. See Short-Term Rental or Bed and Breakfast. 17.10.040 - Conditional uses. Conditional uses must comply with the development standards in subsection 17.94.065. C. Bed and breakfasts. 17.11.040 - Conditional uses. Conditional uses must comply with the development standards in 17.94.065 PAMC. C. Bed and breakfasts. 17.12.040 - Conditional uses. Conditional uses. Conditional uses must comply with the minimum standards in PAMC 17.94.065. March 5, 2024 G - 32 5 C. Bed and breakfasts. 17.14.020 - Permitted uses. C. Bed and breakfasts. F. Short-term rental. 17.15.020 - Permitted uses. C. Bed and breakfasts. F. Short-term rental. 17.20.020 - Permitted uses. Table 17.20.020 Principal uses permitted in commercial zones Principal Use CBD CA CSD CN CO Condition/Reference Overnight Lodging Bed and Breakfasts P P P P P Hotels, motels, and hostels P P C C C Short-term rental P P P P C 17.25.040 - Permitted uses. 5. Short-term rental. 17.94.065 – Development Standards for Conditional Uses in Residential Zoning. TABLE A CONDITIONAL USES IN RESIDENTIAL LOW AND MIXED DENSITY ZONES THAT HAVE SPECIAL DEVELOPMENT STANDARDS Uses Lot Area Lot Wid th Yard Requirements Lot Coverag e Signs Per Site Fro nt Inter ior Side Corner Side Rea r Bed and breakfasts in R7, R9, and R11 See PAMC Chapte r 17.18 * * * * * * Two 5 sq ft signs indirectly lit March 5, 2024 G - 33 Exhibit D Master Fee Schedule Updates Future revisions for short-term lodging fees will be made through Resolution NEW Short-Term Rental Fee Schedule Description: Fee Effective 7/1/2024: Platform Annual Business License $951.00 Type I Short-Term Rental Business License and Inspection1 $285.30 Type II Short-Term Rental Business License and Inspection1 $475.50 Noncompliant Type II Short-Term Rental Initial Business License and Inspection1 $1,426.50 Additional Review Time/Inspection Time by the City $95.10/hour Appeal of decision from PAMC 17.23: •Appeal $760.80 •Hearing Examiner $225.00/Hour (HE) + $ 95.10/Hour (staff) NEW Bed and Breakfast Fee Schedule Description: Fee Effective 7/1/2024: Platform Annual Business License $475.50 Bed and Breakfast Business License and Inspection1 $475.50 Additional Review Time/Inspection Time by the City $95.10/hour Appeal of decision from PAMC 17.24: •Appeal $760.80 •Hearing Examiner $225.00/Hour (HE) + $ 95.10/Hour (staff) 1 The Director may issue licenses for more than one year. The fee amount for an extended license will be prorated accordingly. March 5, 2024 G - 34 REVISED Attachment 1 Possible Revisions Recognizing that on February 20, 2024 Council was searching for compromise opportunities between Options B and C staff have provided 13 six possible revisions for Council consideration during the March 5, 2024, meeting. Additional suggestions may be provided prior to the meeting. Suggestion 1 – Existing Long-Term Rental Pathway for Noncompliance Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “Existing Long-Term Rental. A property owner who rented a housing unit within the City that is currently being rented with a designated lessee, for a period of at least a year, before July 1, 2024, would become eligible to apply for a Short-Term rental business license under this section on a one-for-one basis. Both units must continue to operate at the same time for continued eligibility, PROVIDED, the property owner will be granted one, 60-day exemption per year to this continued operation requirement, while new tenants are sought, should the long-term rental become unoccupied.” Suggestion 2 – New Long-Term Rental Pathway for Noncompliance Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “New Long-Term Rental. A property owner who establishes a new Long-Term rental housing unit within the City after July 1, 2024, would become eligible to apply for a Short-Term rental business license under this section on a one-for-one basis. Both units must continue to operate at the same time for continued eligibility, PROVIDED, the property owner will be granted one, 60-day exemption per year to this continued operation requirement, while new tenants are sought, should the long-term rental become unoccupied. This provision is exempt from the requirements of 17.23.080(B)(2) and (5).” Suggestion 3 – Blighted Property Restoration Pathway for Noncompliance Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “Blighted Property Restoration. The short-term rental property must (1) have been designated as blighted property as determined by the Directordefined by section 17.08 PAMC, or (2) the applicant must show that the property (a) was not inhabitable and had not been lawfully occupied for a period of one year or more when purchasedprior to application for an STR Business License; or and (b) required improvement costs that exceeded the ability to make a reasonable return on investment as a long-term rental; or (c) failed to qualify for conventional, Federal Housing Authority, Veterans Administration, or US Department of Agriculture financing, including rehabilitation loans; or (d) constituted a threat to the public health, safety or welfare as determined by the Director; or (e) had been associated with illegal drug activity in the 12 months preceding application for an STR Business License.” March 5, 2024 G - 35 Suggestion 4– Exempt the CBD from One-Per-Parcel Requirement and the Cap Amend Exhibit A Page 5 Section 17.23.070(C) exempting the Central Business District Zone and amend Table 17.23.060-1 “*** exempting the Central Business District Zone from the Citywide Cap of 100.” Suggestion 5 – SB 5334 Amend the Ordinance, Page 4, Section 16, Adding a new item B as follows: “B. SB 5334 Implementation. If Senate Bill 5334 becomes law, the Directors of Finance and Community and Economic Development will present options to the Planning Commission for incentivizing and supporting long-term rentals and supportive housing within the City of Port Angeles.” Suggestion 6 – Prior Operations Pathway for Noncompliance (INSERT NUMBER OF YEARS HERE) Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “Prior Operations. The short-term rental must have been in regular operation in each of the last (INSERT NUMBER OF YEARS HERE) years” Suggestion 7 – License Renewal Cap Amend Exhibit A, Page 4, Table 17.23.060-1, as follows: After the words “(whichever is greater).” insert “Existing STR business licenses are renewable regardless of whether the quota for licenses under the Citywide Cap has been met.” Suggestion 8 – Event Clarification Amend Exhibit A, Page 5, Section 17.23.070(H), as follows: After the words “Events by guests are not allowed at any” insert “Type 2” Suggestion 9 – LLC Definition Amend Exhibit A, Page 5, Section 17.23.070(O), as follows: After the words “Licenses are not transferable or assignable.” insert “No STR business license(s) will be issued to any entity in which a member, partner, director, officer, trustee, or any other form of owner, decisionmaker, or investor in that entity already possess an STR business license under this Chapter. For the provisions of this subsection, “LLC” means any entity, trust, or property ownership or leasing structure other than a natural person. Spouses and their marital community may only have one STR business license.” Suggestion 10 – Type 1 License Clarification Amend Exhibit A, Page 6, Section 17.23.070, as follows: “Q. A Type 1 Licensee may rent multiple rooms or spaces within their home under one STR business license, even if those rooms are listed and rented separately on a platform.” March 5, 2024 G - 36 Suggestion 11 – Definition Amend Exhibit C, Page 3, Section 17.08.040(G), as follows: After the words “Any person or persons renting a short-term rental” insert “or bed and breakfast.” Suggestion 12 – Bed and Breakfast Clarification Amend Exhibit C, Page 1, Section 17.08.015(B), as follows: After the words “A lodging use where rooms” strike “within a single dwelling unit” Suggestion 13 – Bed and Breakfast Unit Definition Amend Exhibit C, Page 2 Section 17.08.015(B), as follows: After the words “A room” strike “within” and insert “associated with” March 5, 2024 G - 37 Attachment 1 Possible Revisions Recognizing that on February 20, 2024 Council was searching for compromise opportunities between Options B and C staff have provided six possible revisions for Council consideration during the March 5, 2024, meeting. Additional suggestions may be provided prior to the meeting. Suggestion 1 – Existing Long-Term Rental Pathway for Noncompliance Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “Existing Long-Term Rental. A property owner who rented a housing unit within the City that is currently being rented with a designated lessee, for a period of at least a year, before July 1, 2024, would become eligible to apply for a Short-Term rental business license under this section on a one-for-one basis. Both units must continue to operate at the same time for continued eligibility.” Suggestion 2 – New Long-Term Rental Pathway for Noncompliance Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “New Long-Term Rental. A property owner who establishes a new Long-Term rental housing unit within the City after July 1, 2024, would become eligible to apply for a Short-Term rental business license under this section on a one-for-one basis. Both units must continue to operate at the same time for continued eligibility. This provision is exempt from the requirements of 17.23.080(B)(2) and (5).” Suggestion 3 – Blighted Property Restoration Pathway for Noncompliance Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “Blighted Property Restoration. The short-term rental property must (1) have been designated as blighted property as determined by the Director, or (2) the applicant must show that the property (a) was not inhabitable when purchased and (b) required improvement costs that exceeded the ability to make a reasonable return on investment as a long-term rental” Suggestion 4– Exempt the CBD from One-Per-Parcel Requirement and the Cap Amend Exhibit A Page 5 Section 17.23.070(C) exempting the Central Business District Zone and amend Table 17.23.060-1 exempting the Central Business District Zone from the Citywide Cap of 100. Suggestion 5 – SB 5334 Amend the Ordinance, Page 4, Section 16, Adding a new item B as follows: “B. SB 5334 Implementation. If Senate Bill 5334 becomes law, the Directors of Finance and Community and Economic Development will present options to the Planning Commission for incentivizing and supporting long-term rentals and supportive housing within the City of Port Angeles.” Suggestion 6 – Prior Operations Pathway for Noncompliance (INSERT NUMBER OF YEARS HERE) March 5, 2024 G - 38 Amend Exhibit A, Page 6, Section 17.23.080, Adding an additional option under item (B)(3) as follows: “Prior Operations. The short-term rental must have been in regular operation in each of the last (INSERT NUMBER OF YEARS HERE) years” March 5, 2024 G - 39 Date: March 5, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Ben Braudrick, Planning Supervisor Subject: TR-0209 Race Street Recreation Conservation Office Grant Application Background / Analysis: The Recreation Conservation Office (RCO) provides grants to Cities, Counties, Park Districts, Tribes, and Nonprofit Organizations to protect and improve Washington’s natural and outdoor recreation resources, now and for future generations. One grant opportunity that is currently open is the Western Washington Recreation Program - Trails (WWRP-Trails) Grant. In 2020 the City was successfully awarded a grant from the program in the amount of $400,000. A resolution (No. 20-20) was passed to authorize application submission and designate signing authority for the grant contract. Certain elements detailing eligibility and reimbursement requirements were not included in that resolution. A new resolution has been drafted to fulfill RCO’s requirements in order for the City to be fully reimbursed. Over the last 10 years, the City has been working to complete the design and construction of the first phase of the Race Street Complete Street Project. Once completed, this effort will see the construction of a 11’ non-motorized trail along Race Street from 8th Street to the Olympic National Park Visitor and Backcountry Information Center at Olympus Avenue. Phase two of the project will see construction of the trail from Front Street to 8th Street. It is important to note that no General Fund dollars have been committed toward the WWRP - Trails Grant. Funding from several other federal sources will match the RCO Grant, relieving the City of match requirements Summary: In 2020, the City was successfully awarded a Recreation Conservation Office (RCO) Western Washington Recreation Program – Trails (WWRP-Trails) Grant (No. 20-1778) to fulfill the funding of the first phase of the Race Street Complete Street Project. This process required a resolution (No. 20-20) that the RCO has since requested to be updated. Funding: RCO has waived the required 10% match for all WWRP- Trails grants with the use of Federal Grants as matching funds, thus fulfilling the remainder of the funding for the project. Recommendation: 1) Pass the RCO resolution to reauthorizing the submission of an application for grant assistance, 2) Authorize the City Manager to sign and make payments from the RCO for Capital Facility Project TR-0209, and 3) authorize the City Manager to make any minor modifications. March 5, 2024 H - 1 for the construction of Phase one. Total cost of the first phase of the project is $4,000,000. The City has been awarded $400,000 in its WWRP- Trails Application. Funding Overview: No General Funds dollars are associated with this grant. Federal funding received from the Federal Lands Access Program, Surface Transportation Block Grant, and Transportation Alternatives Program will provide the necessary matching funds for the construction of phase one, scheduled for completion in Q2 of 2024. March 5, 2024 H - 2 -1- RESOLUTION NO. ________ A resolution of the City Council of the City of Port Angeles authorizing the submittal of a WWRP-Trails application for grant assistance from the Recreation and Conservation Office. WHEREAS, the Recreation Conservation Office (RCO) provides grants to Cities, Counties, Park Districts, Tribes, and Nonprofit Organizations to protect and improve Washington’s natural and outdoor recreation resources; and WHEREAS, the City is pursuing grant assistance from the RCO to aid in financing the cost of a project known as the first phase of the Race Street Complete Street project; and WHEREAS, this type of grant assistance ordinarily requires matching funds totaling 25%, with 10% of the matching funds paid from the Grantee’s local funds; and WHEREAS, due to hardships created by COVID, RCO has waived the required 10% local match for all Western Washington Recreation Program (WWRP)- Trails grants; and WHEREAS, the City has collected funds from several federal sources to fully pay the 25% matching funds required without expending City funds; and WHEREAS, no General Fund dollars are required for this grant at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles, Washington, that (1) the City Manager is authorized to make formal application to the Recreation Conservation Office for grant assistance for the first phase of the Race Street Complete Street project and that any grant assistance received will be used for direct costs associated with implementation of the project and that no General Funds dollars are associated with this grant; and (2) this resolution may become part of a formal application to the Recreation Conservation Office Grant Program; and (3) the City of Port Angeles provided appropriate opportunity for public comment on this application. (4) Grant assistance is contingent on a signed Agreement between RCO and the City. The City shall enter into such Agreement knowingly and voluntarily. March 5, 2024 H - 3 -2- (5) The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of the City. (6) The City understands that prior to its authorized representative(s)/agent(s) executing any Agreement, the RCO may make revisions to its sample Agreement and that such revisions could include indemnification and the legal venue stipulation requirements. The City accepts the legal obligation that it shall, prior to execution of the Agreement(s), confer with its authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. The City further acknowledges and accepts that if its authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City’s authorization. (7) Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project referenced above. (8) If matching funds are required for the grant, the City understands it must certify the availability of those matching funds at least one month before funding approval by RCO. In addition, the City understands it is responsible for supporting all non- cash matching share commitments to this project should they not materialize. (9) The City acknowledges that if it receives grant funds managed by the RCO, the RCO will pay the City on a reimbursement basis only. The City understands reimbursement basis means that it will only request payment from RCO after the City incurs and pays grant eligible and allowable costs. RCO may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. (10) This resolution is deemed to be part of the formal grant application to RCO. (11) The City warrants and certifies that this resolution was properly and lawfully adopted following the requirements of the City and applicable laws and policies and that the City has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. March 5, 2024 H - 4 -3- (12) City of Port Angeles Resolution 20-20, originally adopted for the project did not provide sections 4 -11 above. (13) This resolution is signed and approved on behalf of the City of Port Angeles by the following authorized member. PASSED by the City Council of the City of Port Angeles at a special meeting of said Council held on the 5th day of March, 2024. _____________________________ Kate Dexter, Mayor ATTEST: ________________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _______________________________ William E. Bloor, City Attorney March 5, 2024 H - 5 Date: March 5, 2024 To: City Council From: Corey Delikat, Parks & Recreation Director Subject: Parks, Recreation, & Beautification Appointments Background / Analysis: Members of the Parks, Recreation & Beautification Commission give legislative recommendations to the City Council on all matters relating to parks, recreation, city facilities and beautification. The Commission members are appointed to four-year terms, with a limit of two consecutive terms. The members of the Commission and their terms are listed in the table below: Vacant Commissioner 3/1/24 - 2/28/28 Vacant Commissioner 3/1/24 - 2/28/28 Dallas Keidrowki Commissioner 3/1/23 - 2/29/27 Mark Hodgson Commissioner 3/1/21 - 2/28/25 Bonnie Hilory Commissioner 3/1/19 – 2/28/23 Paul Forrest Commissioner 3/1/22 - 2/28/26 Karry McGuire Commissioner 3/1/21 - 2/28/25 In accordance with the City Council Rules of Procedure, the Parks, Recreation & Beautification Commission reviewed the applications, interviewed the candidates in open public session at its February 15, 2024 meeting, and are now forwarding a favorable recommendation to the City Council to reappoint Paul Collins to a 4-year term beginning March 2024 through February 2028 and appoint Samantha Fischbein for a 4-year term beginning March 2024 through February 2028. Funding Overview: No funding or expenditures are associated with the appointment of new Commissioners. Summary: The Parks, Recreation & Beautification Commission sought to fill two community representative positions during the February 15, 2024 meeting. Applications for appointment to the Commission were solicited, applications were received, and three applicants were obtained and two were interviewed by the Commissioners after one applicant dropped out of the running. Funding: No funding or expenditures are associated with the appointment of new Commissioners. Recommendation: Approve the recommendation of the Port Angeles Parks, Recreation & Beautification Commission by appointing the following candidates to fill the vacant Commission positions: 1.) Reappoint Paul Collins for a 4-year term beginning March 2024 through February 2028 2.) Appoint Samantha Fischbein for a 4-year term beginning March 2024 through February 2028. March 5, 2024 I - 1 Date: March 5, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Amended Transformer Purchase Authorization Background / Analysis: In 2023, Staff recognized the City’s need to replenish the Light Operation Division’s transformer inventory; an amount not to exceed $430,000 was in the approved 2023 Electric Material Inventory budget to complete transformer purchases. The entire budget, however, was not expended in 2023 and the Light Operation Division’s electrical transformer inventory is still in need of replenishment. Current market conditions continue to be a challenge to contract for bulk purchases of electrical transformers, but City staff have identified short notice, small quantity agreements from both General Pacific and Wesco/Anixter that set the price at the time of order and have acceptable lead times. For this process to be feasible, it is imperative that the City be able to negotiate purchase terms and sign the purchase documents quickly – within a one- or two-day span. To address the current market conditions and the continued need, staff request the City Council delegate to the City Manager authority to approve purchase contracts for various types and sizes of transformers as designated by the Light Operation Division staff during the 2024 fiscal year, without Council approval of each contract, and authorize the City Manager to sign all documents necessary to execute and administer the purchases and make minor modifications as necessary. Summary: On February 21, 2023, City Council approved to delegate the City Manager authority to approve purchase contracts, without Council approval, for the purchase of various type and size transformers, in an amount not to exceed $430,000, for the 2023 fiscal year to meet the needs of the City to replenish the Light Operation Division’s inventory. Changing market conditions made the City’s customary purchasing process unworkable and necessitated a change in purchasing strategy causing delays in the ability to purchase these transformers. Staff is requesting the remaining budget not expended in 2023 be carried into the 2024 Budget for completion of the replenishment of the transformer inventory. Funding: Approximately $252,000 remains from the originally approved $430,000 appropriation in 2023 for the completion of these inventory items. A budget amendment will be necessary to transfer the remaining funds from the Electric Utility Reserves to replenish the Electric Material Inventory budget for the purchase of transformers. Recommendation: Delegate to the City Manager authority to approve purchase contracts for the purchase of various type and size transformers as designated by the Light Operations Division during the 2024 fiscal year, without Council approval of each contract, and authorize the City Manager to sign all documents necessary to execute and administer the purchases in an amount not to exceed $252,000 and make minor modifications as necessary. March 5, 2024 J - 1 To complete these purchases, it will be necessary to utilize the funding previously approved by Council in 2023 in the amount of $252,000 that was not spent due to market constraints. If approved, this will be reflected on 1st Budget amendment of 2024. Funding Overview: Approximately $252,000 remains from the originally approved $430,000 appropriation in 2023 for the completion of these inventory items. A budget amendment will be necessary to transfer the remaining funds from the Electric Utility Reserves to replenish the Electric Material Inventory budget for the purchase of transformers. March 5, 2024 J - 2 Date: March 5, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: 2024 Electrical Substations Ground Services Contract Background / Analysis: The Ground Maintenance Services Contract for the Light Operations Substations is an annual requirement for maintaining City facilities. The advertised contract has a base year of 2024, with two full option years, 2025 and 2026 that may be awarded at the sole discretion of the City. Aside from advertising, invitations to bid were sent to local ground services contractors in Port Angeles and Sequim as well as the Small Works Roster for this category of work. Two bids were received with the lowest responsible bidder Buck’s Northwest Landscaping, LLC, of Port Angeles, WA. The total bid is $96,221.32 for three years not including sales tax. The following table summarizes the bid: Contractor Name Bid Amount Buck’s Northwest Landscaping, LLC, Port Angeles, WA $96,221.32 W Business Solutions, LLC- dba Transblue, Monroe WA $133,446.33 Govt. Estimate $40,000.00 Funding Overview: Funds are available within the Electric Utility operational budget (401-7180-533- 4810) for the calendar year 2024. Optional years 2025 and 2026 will be budgeted in their respective year’s budget with exercise of those options based on availability of approved funding. Summary: This memo seeks City Council approval to award the annual Ground Maintenance Services Contract for the Light Operations Substations and the Light Operations yard. The contract will provide for services through 2024, with city controlled optional extensions into 2025 and 2026 amounting to a total Not-to-Exceed cost of 104,779.71 should the city exercise it’s options for years 2025 and 2026. This project was advertised, and bids were opened on January 18, 2024. Buck’s Northwest Landscaping, LLC from Port Angeles, WA submitted the lowest responsible bid in the amount of $ 34,926.57 for 2024 with no increase in annual costs for years 2025 and 2026 at the city’s sole option for a maximum total of $104,779.71. Funding: Funds are available in the 2024 Electric Utility operational budget (401-7180-533-4810) and will be budgeted in future years should we choose to exercise our option. Recommendation: Award a contract to Buck’s Northwest Landscaping, LLC of Port Angeles, WA to provide ground maintenance for the Light Operations Substations and the Light Operations facility in the amount not to exceed amount of $104,779.71 including taxes, and authorize the City Manager to sign the contract and make minor modifications as necessary. March 5, 2024 J - 3 Date: March 5, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Shannen Cartmel, CED Manager & Building Official Subject: 2021 Building Code Updates Effective March 15, 2024 Background / Analysis: The Port Angeles Municipal Code 14.03, amended by Ordinance #3558 on October 18, 2016, and effective on October 23, 2016, adopts the most current version of building codes required by the State Building Code Council for the City of Port Angeles. 2018 Codes For additional background, when the 2018 Codes were adopted by the State Building Code Council in February 2021, the City of Port Angeles delayed the adoption under a COVID-19 emergency proclamation until January 2022. The COVID-19 Emergency Proclamation was issued by City Manager Nathan West and ratified by the Council on February 2, 2021, and extended on June 15, 2021. 2021 Proposed Codes State law requires cities and counties throughout Washington to adopt and enforce the Washington State Building Codes and the State’s version of the current International Building Codes. Effective March 15, 2024, the State Building Code Council will implement the 2021 International Building Code (IBC), the 2021 International Residential Code (IRC), the 2021 International Mechanical Code (IMC), the 2021 International Fire Code (IFC), the 2021 Uniform Plumbing Code (UPC), the International Code Council (ICC) /American National Standards Institute (ANSI) A117.1-2017, the National Fire Protection Association (NFPA) 58-17 and 54- 18, the 2021 International Wildland-Urban Interface Code (IWUIC), the 2021 Washington State Energy Code – Commercial (WSEC-Commercial), and the 2021 Washington State Energy Code –Residential (WSEC-Residential). Summary: City of Port Angeles Ordinance #3558 passed by City Council effective October 23, 2016, amended the Port Angeles Municipal Code 14.03 to automatically adopt the most current editions of the State and International Building Codes, as adopted by the State of Washington Building Code Council. The Washington State Building Code Council has declared that the 2021 Codes shall become effective statewide on March 15, 2024. Accordingly, as of March 15, 2024, the new Codes will be in effect in the City of Port Angeles. Funding: N/A Recommendation: Informational Only. March 5, 2024 L - 1 2021 State Approval Process The State Building Code Council initially set the 2021 Codes to be effective on July 1, 2023. However, on May 24, 2023, the State Building Code Council voted to delay the effective date of the 2021 Codes for 120 days, which changed the effective date from July 1, 2023, to October 29, 2023. On September 15, 2023, the State Building Code Council agreed to another delay until March 15, 2024. There have been no further delays announced. There is a possibility that the State Building Code Council may further delay the effective date, or they may change what is adopted due to legal uncertainty with the Energy Code and the Wildland-Urban Interface Code. Regional Actions In December 2023, the City’s Building Official met with the surrounding local jurisdictions, including the City of Forks, the City of Sequim, the City of Port Angeles, the City of Port Townsend, Clallam County, Jamestown S’Klallam Tribe, and Jefferson County, to discuss each jurisdiction’s intent to adopt the 2021 Codes. The uniform decision by all the listed jurisdictions on the Olympic Peninsula was to adopt the 2021 Codes and any future codes when adopted by the State Building Code Council. Jefferson County Commissioners unanimously voted to update the County’s Codes to be in line with any changes from the State Building Code Council on October 23, 2023. Sequim’s City Council passed the adoption and further amended their code to continually adopt new amendments as required by the State on February 26, 2024. The City of Forks Municipal Code and Clallam County’s Building Code have already adopted the most recent version of the building codes passed by the State Building Code Council. Local Efforts City of Port Angeles Community and Economic Development (CED) staff have consistently shared with customers that the City, per Chapter 19.27 RCW and the Port Angeles Municipal Code 14.03, will recognize the 2021 Codes when implemented by the State Building Code Council. CED staff is currently preparing a robust communications plan to ensure the information on Code updates will be widely available. The CED team have prepared for this 2021 code adoption by having the permit-ready plan documents designed to the 2021 Codes, ensuring developers meeting with staff understand the March 15, 2024, adoption of new Codes and recommending that they design their project accordingly, and purchasing the 2021 code books as reference. The delays by the State Building Code Council have provided developers and residents considering construction and development an additional nine months to prepare for the 2021 code cycle and clear deadlines for vesting submittals under the 2018 Codes. CED staff are ready to assist developers, future homeowners, or others interested stakeholders in the 2021 code updates. Funding: N/A Attachments: None March 5, 2024 L - 2 Short-Term Lodging City of Port Angeles March 5,2024 1 Proposed Codes 2 Platform-based regulations for short-term rentals and bed-and-breakfast operations, include a proposed fee structure, fire life-safety inspections,and licensing program. Drawn from jurisdictional best practices across the state,including the cities of Bellingham,Gig Harbor,Port Townsend,Seattle and Walla Walla. New:17.23 –Short Term Rentals New:17.24 –Bed and Breakfasts Repeal:17.18 –Bed and Breakfasts (to be replaced by 17.24) Consolidates and Streamlines:STR and B&B definitions into Chapter 17.08 Removes:Outdated references to STRs and B&Bs in Chapters 14 and 17 Implementation Schedule July 1,2024:Launch of Licensing Portal November 1,2024:New Ordinance Fully Effective 3 Outreach & Engagement City Council Action Planning Commission Review Public Engagement 5 Alternatives Ideas,Input,and Suggestions 4 5 Proposed Alternatives Type 1 Type 1 Type 2 Type 2Proposed Standards New License: Commercial New License: Residential New License: Commercial New License: Residential Zone All Commercial All Residential All Commercial R11 R9 R7 RMD RHD Alternative 1 Unlimited Option No Limitation No Limitation No Limitation No Limitation Alternative 2 Intermediate Option No Limitation No Limitation No Limitation 75 75 75 No Limitation No Limitation Alternative 3 Status Quo Option No Limitation No Limitation No Limitation 0 0 0 No Limitation No Limitation Alternative 4 Limited Option No Limitation No Limitation No Limitation 0 0 0 100 100 Alternative 5 Constrained Option No Limitation No Limitation 100 Per Each Zone 0 0 0 50 50 5 Repeat nonconforming slide here 6 Staff Recommendation:Option A Proposed Standards Type 1 New License: Commercial Type 1 New License: Residential Type 2 New License: Commercial Type 2 New License: Residential Zone All Commercial All Residential All Commercial R11 R9 R7 RMD RHD Alternative 3 Status Quo Option No Limitation No Limitation No Limitation 0 0 0 No Limitation No Limitation •Based on Alternative 3 •Adding Enhanced Nonconforming Section: o Modified Prior Operations Option o New Blighted Property Restoration Option o New 1:1 Long-Term Rental Option R 7 epeat nonconform ing slide here Staff Recommendation:Option B Proposed Standards Type 1 New License: Commercial Type 1 New License: Residential Type 2 New License: Commercial Type 2 New License: Residential Zone All Commercial All Residential All Commercial R11 R9 R7 RMD RHD Alternative 1 Unlimited Option No Limitation No Limitation No Limitation*No Limitation* •Based on Alternative 1 •Adding a Citywide Cap*of 250 Annual Short-Term Rental Type 2 Licenses,OR 3%of Total Single Household Dwellings/Duplex Units (whichever is greater) •Nonconforming Section Unnecessary,All Applicants Treated as “New”STRs Planning Commission Motion: 8 At the Planning Commission meeting on February 28, 2024, a motion was made and seconded to send an updated recommendation to the City Council from the Planning Commission to approve Option B from the City Council meeting on February 20, 2024. The motion was approved on a 3-to-2 vote. There were 5 Commissioners present as Commissioner Dziadek left prior to the end of the meeting with an excused absence by the Commission. Staff Recommendation:Option C Repeat nonconforming slide here Proposed Standards Type 1 New License: Commercial Type 1 New License: Residential Type 2 New License: Commercial Type 2 New License: Residential Zone All Commercial All Residential All Commercial R11 R9 R7 RMD RHD No Limitation No Limitation No Limitation 0 0 0 No Limitation No Limitation Alternative 3 Status Quo Option •Alternative 3 •Enhanced Nonconforming Section o Previous Operations Threshold o Blighted Property Threshold o 1:1 Long-Term Rental Threshold Proposed Standards 9 Type 1 New License: Commercial Type 1 New License: Residential Type 2 New License: Commercial Type 2 New License: Residential Zone All Commercial All Residential All Commercial R11 R9 R7 RMD RHD Alternatives 3/5 Status Quo/ Constrained No Limitation No Limitation No Limitation*0 0 0 No Limitation* No Limitation* Option •Based on Alternatives 3 and 5,Adding a Citywide Cap*: •100 Annual Short-Term Rental Type 2 Licenses,OR 1%of Total Single Household Dwellings/Duplex Units (whichever is greater) •Removing Nonconforming Section –No Pathway for Compliance Council Motion: Option C -Hybrid 10 February 20,2024,Council Motion Passed on a 4-to-3 Vote. “I move to direct our staff to prepare an ordinance based on Option C for the March 5 meeting,with narrow exemptions allowing for economic hardship to allow economically-distressed existing illegal STRs to become nonconforming licensees under temporary STR licenses,one unit per STR license,one STR license per person,one STR license per parcel.A less onerous inspection requirement.Make it clear that Type 1 is the actual primary residence,required through a common entrance,and remove the option of getting a Type 1 license on a unit that is not your primary residence” Council Motion: Option C -Hybrid 11 Based on direction from Council, staff made the following revisions to the February 20, 2024, package to address the eight elements of the motion: 1.An ordinance based on Option C •The ordinance and all exhibits have been updated to reflect the language of Option C. Council Motion: Option C -Hybrid 12 2. Narrow exemptions allowing for economic hardship to allow economically-distressed existing illegal STRs to become nonconforming licensees under temporary STR licenses •The term “nonconforming” has been retitled as “noncompliant” throughout the documents. •Annual licenses for noncompliant STRs have been clarified to be temporary and only available up to a maximum of five years. •The following definition for Economic Hardship has been added: “Economic hardship occurs when the applicant demonstrates to the Director of Finance that the total income of his or her household is at or below 65%area median income (AMI)or provides documentation that the applicant is currently receiving one of the following benefits: -Sr.Property Tax Exemption from the Clallam Co.Assessor’s Office;or -Utility Discount through Port Angeles or Clallam County PUD;or -Temporary Assistance to Needy Families (TANF);or -Disability through the Social Security Administration.” Council Motion: Option C -Hybrid 13 3. One unit per STR license •The code has been updated to reflect this change. 4. One STR license per person •The legislation has been revised to incorporate this provision. 5. One STR license per parcel •The package has been changed accordingly. Council Motion: Option C -Hybrid 14 6. A less onerous inspection requirement •The proposal has been modified to reflect that an inspection and license will be initially issued for one, two, or three years, with all subsequent inspection and license renewals being in three-year increments. 7. Make it clear that Type 1 is the actual primary residence, required through a common entrance •The code has been updated by removing the 30-day threshold and requiring a common entrance. 8. Remove the option of getting a Type 1 license on a unit that is not your primary residence •The legislation has been revised to ensure that Type 1 licenses are only issued to owner or lessee occupied units. Possible Revisions –Attachment 1 15 Recognizing that on February 20, 2024, Council was searching for compromise opportunities between Options B and C, staff provided 13 possible revisions for Council consideration: Suggestion 1 –Existing Long-Term Rental Pathway for Noncompliance Amend Exhibit A,Page 6,Section 17.23.080,Adding an additional option under item (B)(3): “Existing Long-Term Rental.A property owner who rented a housing unit within the City that is currently being rented with a designated lessee,for a period of at least a year,before July 1, 2024,would become eligible to apply for a Short-Term rental business license under this section on a one-for-one basis.Both units must continue to operate at the same time for continued eligibility,PROVIDED,the property owner will be granted one,60-day exemption per year to this continued operation requirement,while new tenants are sought,should the long-term rental become unoccupied.” Possible Revisions –Attachment 1 16 Suggestion 2 –New Long-Term Rental Pathway for Noncompliance Amend Exhibit A,Page 6,Section 17.23.080,Adding an additional option under item (B)(3): “New Long-Term Rental.A property owner who establishes a new Long-Term rental housing unit within the City after July 1,2024,would become eligible to apply for a Short- Term rental business license under this section on a one-for-one basis.Both units must continue to operate at the same time for continued eligibility,PROVIDED,the property owner will be granted one,60-day exemption per year to this continued operation requirement,while new tenants are sought,should the long-term rental become unoccupied.This provision is exempt from the requirements of 17.23.080(B)(2)and (5).” Possible Revisions –Attachment 1 17 Suggestion 3 –Blighted Property Restoration Pathway for Noncompliance Amend Exhibit A,Page 6,Section 17.23.080,Adding an additional option under item (B)(3): “Blighted Property Restoration.The short-term rental property must (1)have been designated as blighted property as defined by section 17.08 PAMC,or (2)the applicant must show that the property (a)was not inhabitable and had not been lawfully occupied for a period of one year or more prior to application for an STR Business License;or (b)required improvement costs that exceeded the ability to make a reasonable return on investment as a long-term rental;or (c)failed to qualify for conventional,Federal Housing Authority,Veterans Administration,or US Department of Agriculture financing,including rehabilitation loans;or (d)constituted a threat to the public health,safety or welfare as determined by the Director;or (e)had been associated with illegal drug activity in the 12 months preceding application for an STR Business License.” Possible Revisions –Attachment 1 18 Suggestion 4–Exempt the CBD from One-Per-Parcel Requirement and the Cap Amend Exhibit A Page 5 Section 17.23.070(C)exempting the Central Business District Zone and amend Table 17.23.060-1 “***exempting the Central Business District Zone from the Citywide Cap of 100.” Suggestion 5 –SB 5334 Amend the Ordinance, Page 4, Section 16, Adding a new item B as follows: “B.SB 5334 Implementation.If Senate Bill 5334 becomes law,the Directors of Finance and Community and Economic Development will present options to the Planning Commission for incentivizing and supporting long-term rentals and supportive housing within the City of Port Angeles.” Possible Revisions –Attachment 1 19 Suggestion 6 –Prior Operations Pathway for Noncompliance Amend Exhibit A,Page 6,Section 17.23.080,Adding an additional option under item (B)(3)as follows: “Prior Operations.The short-term rental must have been in regular operation in each of the last (INSERT NUMBER OF YEARS HERE)years” Suggestion 7 –License Renewal Cap Amend Exhibit A, Page 4, Table 17.23.060-1, as follows: After the words “(whichever is greater).” insert “Existing STR business licenses are renewable regardless of whether the quota for licenses under the Citywide Cap has been met.” Suggestion 8 –Event Clarification Amend Exhibit A, Page 5, Section 17.23.070(H), as follows: After the words “Events by guests are not allowed at any” insert “Type 2” Possible Revisions –Attachment 1 20 Suggestion 9 –LLC Definition Amend Exhibit A, Page 5, Section 17.23.070(O), as follows: After the words “Licenses are not transferable or assignable.” insert “No STR business license(s) will be issued to any entity in which a member, partner, director, officer, trustee, or any other form of owner, decisionmaker, or investor in that entity already possess an STR business license under this Chapter. For the provisions of this subsection, “LLC” means any entity, trust, or property ownership or leasing structure other than a natural person. Spouses and their marital community may only have one STR business license.” Suggestion 10 –Type 1 License Clarification Amend Exhibit A, Page 6, Section 17.23.070, as follows: “Q. A Type 1 Licensee may rent multiple rooms or spaces within their home under one STR business license, even if those rooms are listed and rented separately on a platform.” Possible Revisions –Attachment 1 21 Suggestion 11 –Definition Amend Exhibit C, Page 3, Section 17.08.040(G), as follows: After the words “Any person or persons renting a short-term rental” insert “or bed and breakfast.” Suggestion 12 –Bed and Breakfast Clarification Amend Exhibit C, Page 1, Section 17.08.015(B), as follows: After the words “A lodging use where rooms” strike “within a single dwelling unit” Suggestion 13 –Bed and Breakfast Unit Definition Amend Exhibit C, Page 2 Section 17.08.015(B), as follows: After the words “A room” strike “within” and insert “associated with” Council Next Steps 22 Conduct the Second Reading of the Ordinance Staff Requests that New Council Amendments are by Single- Item Motions Adopt the Ordinance (as Amended) Inclusive of Exhibits A though D and Authorize the City Clerk to Make Grammar and Numbering Revisions to Ensure Internal Consistency The Council will continue their business from the March 5, 2024 regular meeting to Wednesday, March 6, 2024. Dexter made the motion and Schromen-Wawrin seconded: Continue this meeting to Wednesday, March 6'n,2024 at 6:00 p.m. to be concluded by 8:00 p.m. Motion carried 6-'1.. Motion: I move to adopt the ordinance Staff Recommended Option B (-) with no restrictions on location or number of Type One short term rentals with the definition revised to strike the requirement for "common entrance". To include a city wide cap of 200 or 2%whichever is higher on Type 2 short term rental, no restrictions on location. Ensure preference/priority STR license applications for those currently running compliant STR. One unit per license; one license per person, one license per parcel Remove option of getting Type 1 license on unit that is not primary residence. Add "SB 5334 Implementation" to section 16 (p g7) as written in suggestion 5 in the revised Attachment 1 Allow inspection frequency to be determined by CED staff in 1,3 or 5 year increments (p g10) Assign the Planning Commission to study and prepare a potential plan utilizing the "Incentivize Housing" suggestions to include the "blighted property restoration", "new infill unit construction", and "affordable housing rental" as a guide (as outlined in 3/5 motion) by Nov 1, 2024 Include staff suggestions 7-13 from the "Revised attachment 1" Effective date July 1, 2024 4,14, 4-.D. peu.kc.4- f<44-eD_xie-/- 0/&, /,;,ovif fdly I,S W 3 G- 1 -3 1 - N 2- 3 1 f ice' 2 3 ! 1 z 3 1 S �_w5 • # t I t I. -1 1 1 1 1 1 1 1 t 1 I Ili f f''