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HomeMy WebLinkAboutCC 02202024 Packet February 20, 2024 Port Angeles City Council Meeting Page 1 February 20, 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 5 th 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 – Special Meeting at 5:30 p.m. – A closed session under authority of RCW 42.30.140(4), to discuss collective bargaining with an employee organization. Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Proclamation Recognizing Black History Month 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: 2556 146 4849 Webinar password: JVjHaYdr574 (58542937 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 February 20, 2024 meeting only. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m01fea76b36ca73198d3b7f9fcbe4e331 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 February 20, 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. D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve 1. City Council Minutes of January 16 and January 23, 2024 / Approve............................................................................. E-1 2. Expenditure Report: From January 27, 2024 to February 9, 2024 in the amount of $2,368,032.20 / Approve .............. E-7 3. Washington Association of Sheriffs and Police Chiefs Body Worn Camera Grant Acceptance / Authorize the City Manager to sign a contract with Washington Association of Sheriffs and Police Chiefs and to make minor modifications as necessary. ............................................................................................................................................. E-29 4. Francis Street ADA Improvement Project TR06-16 Final Acceptance / Accept the Francis Street ADA Improvement Project No. TR06-16 as complete, and authorize staff to proceed with project closeout, and release the retainage bond in the amount of $18,516.35 upon receipt of all required clearances. ................................................................................................... E-32 5. Equipment Purchase – Replacement of Light Operations Division Equipment #148 / 1) Approve the purchase of a new Light Operations Division forklift that is the functional equivalent of existing vehicle #148 from Pape Material Handling for an amount not-to-exceed $43,100.33, including tax and accessories, 2) Authorize the City Manager to approve and execute the final purchase documents and to complete the purchase and make minor changes as necessary, 3 ) Authorize the City Manager to surplus vehicle #148, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. ........................................................................................................................................... E-34 6. Washington Department of Commerce Grant Acceptance- Senior Center HVAC / 1) Approve a grant agreement with the Washington Department of Commerce for the purchase of the HVAC equipment for the Port Angeles Senior Center in the amount of $450,000.00, and 2)Authorize the City Manager to sign and execute any grant agreements throug h Department of Commerce or Department or Department Enterprise Services as part of the Senior Center HVAC project and to make minor modifications as necessary. ............................................................................................................................................. E-36 F. Public Hearings | 6:30 p.m. or Soon Thereafter 1. Short Term Rental and Bed and Breakfast Regulations and Fees / Conduct 1st Reading / Open public hearing / Close public hearing/Continue matter to March 5th. ........................................................................................................................... F-1 G. Ordinances Not Requiring Council Public Hearings .........................................................................None H. Resolutions Not Requiring Council Public Hearings .........................................................................None I. Other Considerations 1. Amended to include: Virtual Presentation made by Representative Derek Kilmer on the Recompete Grant 2. Peninsula Housing Authority Strategic Planning - Stakeholder Clallam County Meeting / Appoint 3 Council members ......... ......................................................................................................................................................................................... I-1 J. Contracts & Purchasing 1. East City Hall Parking Lot LID Retrofit Project #TR1215 / Award contract .................................................................. J-1 K. Council Reports L. Information City Manager Reports: 1. Monthly Update on Past Due Utility Accounts - January ................................................................................................ L-1 2. January 2024 Building Report ........................................................................................................................................ L-2 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment February 20, 2024 Port Angeles City Council Meeting Page 1 February 20, 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 – Special Meeting at 5:30 p.m. – A closed session under authority of RCW 42.30.140(4), to discuss collective bargaining with an employee organization. Call to Order – Regular Meeting at 6:00 p.m. B.Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1.Proclamation Recognizing Black History Month 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: 2556 146 4849 Webinar password: JVjHaYdr574 (58542937 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 February 20, 2024 meeting only. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m01fea76b36ca73198d3b7f9fcbe4e331 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 February 20, 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. D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve 1. City Council Minutes of January 16 and January 23, 2024 / Approve............................................................................. E-1 2. Expenditure Report: From January 27, 2024 to February 9, 2024 in the amount of $2,368,032.20 / Approve .............. E-7 3. Washington Association of Sheriffs and Police Chiefs Body Worn Camera Grant Acceptance / Authorize the City Manager to sign a contract with Washington Association of Sheriffs and Police Chiefs and to make minor modifications as necessary. ............................................................................................................................................. E-29 4. Francis Street ADA Improvement Project TR06-16 Final Acceptance / Accept the Francis Street ADA Improvement Project No. TR06-16 as complete, and authorize staff to proceed with project closeout, and release the retainage bond in the amount of $18,516.35 upon receipt of all required clearances. ................................................................................................... E-32 5. Equipment Purchase – Replacement of Light Operations Division Equipment #148 / 1) Approve the purchase of a new Light Operations Division forklift that is the functional equivalent of existing vehicle #148 from Pape Material Handling for an amount not-to-exceed $43,100.33, including tax and accessories, 2) Authorize the City Manager to approve and execute the final purchase documents and to complete the purchase and make minor changes as necessary, 3 ) Authorize the City Manager to surplus vehicle #148, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. ........................................................................................................................................... E-34 6. Washington Department of Commerce Grant Acceptance- Senior Center HVAC / 1) Approve a grant agreement with the Washington Department of Commerce for the purchase of the HVAC equipment for the Port Angeles Senior Center in the amount of $450,000.00, and 2)Authorize the City Manager to sign and execute any grant agreements throug h Department of Commerce or Department or Department Enterprise Services as part of the Senior Center HVAC project and to make minor modifications as necessary. ............................................................................................................................................. E-36 F. Public Hearings | 6:30 p.m. or Soon Thereafter 1. Short Term Rental and Bed and Breakfast Regulations and Fees / Conduct 1st Reading / Open public hearing / Close public hearing/Continue matter to March 5th. ........................................................................................................................... F-1 G. Ordinances Not Requiring Council Public Hearings .........................................................................None H. Resolutions Not Requiring Council Public Hearings .........................................................................None I. Other Considerations 1. Peninsula Housing Authority Strategic Planning - Stakeholder Clallam County Meeting / Appoint 3 Council members ......... ......................................................................................................................................................................................... I-1 J. Contracts & Purchasing 1. East City Hall Parking Lot LID Retrofit Project #TR1215 / Award contract .................................................................. J-1 K. Council Reports L. Information City Manager Reports: 1. Monthly Update on Past Due Utility Accounts - January ................................................................................................ L-1 2. January 2024 Building Report ........................................................................................................................................ L-2 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment ���OF PORT q���f,- real --)3/ PROCLAMATION In Recognition of Black History Month WHEREAS, America is a work in progress, continually striving to be the land of liberty and justice for all; and WHEREAS, the 350 years long history of trafficking Africans to America for the purpose of enslaving them is a stain on those ideals; and WHEREAS, beginning with the Emancipation proclamation issued in January, 1863, America has struggled to reconcile that stain; and WHEREAS, African-Americans have given their lives to serve and protect the Constitution; and WHEREAS, the legacy of enslavement created a one-dimensional narrative of the history of African- American contributions to American history; and WHEREAS, Carter G. Woodson was a scholar whose dedication to celebrating the historic contributions of Black people led President Gerald Ford to establish Black History Month in the bicentennial year of 1976, and celebrated each February since then. President Ford called upon Americans to "seize the opportunity to honor the too-often neglected accomplishments of Black Americans in every area of endeavor throughout our history;" and WHEREAS, we honor the struggle and efforts of Black people in our country who have led efforts to bring about equity and justice not only for their community but for all marginalized peoples: including ensuring voting rights for those who had been historically excluded, desegregation, the right to marry whomever you love regardless of color of their skin; LGBTQ rights; disability rights, women's rights, healthcare advocacy and reform. NOW, THEREFORE, I, Kate Dexter, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby recognize February as BLACK HISTORY MONTH in Port Angeles and that we as a community build a thriving, innovative, and equitable city we are all proud to call home. The City of Port Angeles celebrates Black History Month by recommitting to fight for the equity, opportunity, dignity, and voting rights to which every person is due. // it rrtrr P i�1A,, ►��' .,t' , "` li t `k»�► d� . •,�' February 20, 2024 Kate Dexter, Mayor : 4,•. c �`,4 I • 4 ' w.,•, City Council Meeting February 20, 2024 PUBLIC COMMENT SIGN-UP SHEET Amigo* SE SE ' . *onto' tes ", t Print� 'ya' rTO a *' . [ EUBLIC HEARING: ❑ Public Comment Agenda ( (' 4 i( v1 (/ J Short Term Rental and Topic: • C Yes or No Bed and Breakfast Regulations and Fees IUBLIC HEARING: ❑Public Comment Agenda Short Term Rental and Topic: Ye or No Bed and Breakfast tav-4C r` ��{' Regulations and Fees 1UBLIC HEARING: Ni913ublic Comment Agenda Short Term Rental and Topic: ( tJI/ j�--- k dif (N:;) or No Bed and Breakfast Ir 1 tc /J �{ Regulations and Fees l�pyV1 /ti' ' UBLIC HEARING: ❑ Public Comment Agenda Short Term Rental and Topic: c Ye or No Bed and Breakfast Kevo Regulations and Fees i 'UBLIC HEARING: ❑ Public Comment Agenda Lo v..,reA Short Term Rental and Topic: J 0-6l.,r ;S 0 or No Bed and Breakfast Regulations and Fees ❑PUBLIC HEARING: ❑ Public Comment Agenda r 1 C Short Term Rental and Topic: /, G L M is Gr ØiA E)es or No Bed and Breakfast �� pC 41(,�j O`� �_ Regulations and Fees 1� h f ITV✓� �`�L �` Gr74 1 'UBLIC HEARING: ❑ Public omment Agenda TIC, 4,R.P6 ri610s F hort Term Rental and Topic: Yes r No Bed and Breakfast I � 1Regulations and Fees 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 City Council Meeting February 20, 2024 PUBLIC COMMENT SIGN-UP SHEET - --- - — ' :',''',--''''''''''''":-.:'-."''''''"Aiiiaiickiiitlr4: '::i);','!;*,t1141:1.k4,,,,,,, ,,,,,, ,,,,,... .,. :: ::1 �,, ►',:4:447'2- 'i:4;;:,:Z:::::Iti :;Z:i:11414:`''''''S'''-:':':;; ;'''.;t:1.:1:':'***al':'-'z: P :LIC HEARING: L Public Comment Agenda r-A £ / �LE;111/�JN i ort Term Rental and Topic: Yes r" No Bed and Breakfast S Regulations and Fees CJBLIC HEARING: ❑Public Comment Agenda UU2A Z. - � Short Term Rental and Topic: or No Bed and Breakfast Regulations and Fees PUBLIC HEARING: ❑Public Comment Agenda Short Term Rental and Topic: fll /� i`� !� es or No Bed and Breakfast Regulations and Fees NPUBLIC HEARING: ❑ Public Comment Agenda hort Term Rental and Topic: Pikv-ci)4"1/4 Yes or 41, Bed and Breakfast Regulations and Fees •iAPUBLIC HEARING: 9.Public Comment Agenda Short Term Rental and Topic: ' D('\n 0 GY- es or No Bed and Breakfast QUb�i (d�M � Regulations and Fees ict V PUBLIC HEARING: Public Comment Agenda Short Term Rental and Tt. opic: j 0Bed and Breakfast(�i(C i 0, d {' or No 5i Regulations and Fees ❑PUBLIC HEARING: ❑ Public Comment Agenda Short Term Rental and Topic: , 60-T Yes or N Bed and Breakfast Regulations and Fees 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 City Council Meeting February 20, 2024 PUBLIC COMMENT SIGN-UP SHEET ( la=r. : as F Li PUBLIC HEARING: ❑ Public Comment Agenda f Short Term Rental and Topic: r \61( DX (`Pk Yes or S Bed and Breakfast 1� Regulations and Fees V� ❑PUBLIC HEARING: ❑Public Comment Agenda Short Term Rental and Topic: Les i E For s io ,r_ Yes or 1V Bed and Breakfast Regulations and Fees s k ❑PUBLIC HEARING: ❑Public Comment Agenda Short Term Rental and Topic: J k k) Yes or No Bed and Breakfast Regulations and Fees 5T-k ❑PUBLIC HEARING: (j1 Public Comment Agenda EEe::d rt Term Rtal Topic: LU Yes r No APUBLIC HEARING: ❑ Public Comment Agenda ` r 61 .ii ` Short Term Rental and Topic:,,, U c) es r No Bed and Breakfast Regulations and Fees ,�`Jam, ► ' t LIC HEARING: ❑ Public Comment Agenda 3.L vt 'r : Term Rental and Topic: ____. c i t 7- t, -k,f(j It . , 7 es or No Bed and Breakfast ' Regulations and Fees "43 fIPUBLIC HEARING: ❑ Public Comment Agenda Short Term Rental and Topic: t` '( i,vr ,, t k,� Y s or No Bed and Breakfast Regulations and Fees 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 City Council Meeting February 20, 2024 PUBLIC COMMENT SIGN-UP SHEET gg y � AH I. 1 � 11 ) � y'� yy � � UBLIC HEARING: ❑ Public Comment Agenda r rnC .�`�� hort Term Rental and Topic: Till ' ` Yes or No Bed and Breakfast Regulations and Fees 1[PUBLIC HEARING: ❑Public Comment Agenda < Short Term Rental and Topic: --�("d' (- 17 e or No Bed and Breakfast Regulations and Fees 11'c Yes r No PUBLIC HEARING: El Public Comment Agenda hort Term Rental and Topic: Bed and Breakfast PUBLIC t /j 1 Regulations and Fees [PUBLIC HEARING: Public Comment Agenda "N.) �� � Short Term Rental and ic: Ye or No Bed and Breakfast IlkU) Regulations and Fees 'UBLIC HEARING: ❑ Public Comment Agenda b /44 it ft '„ / aff Short Term Rental and Topic: - �J[r� Yes or No Bed and Breakfast Regulations and Fees ■�i' I� IC HEARING: ❑ Public Comment Agenda /1111111,074110` Rental and Topic: _-•1f�� Bed and Breakfast 40 '� ,/: / Regulations and Fees 1►��a �—// UBLIC HEARING: ❑ Public Comment Agenda sa L (11 f ort Term Rental and Topic: < + or No Be and Breakfast (�/� i,��, a.n t\ Regulations and Fees 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 City Council Meeting February 20, 2024 PUBLIC COMMENT SIGN-UP SHEET - 1"0- , : � JAFTUBLIC HEARING: ❑ Public Comment Agenda 6.7\'s Short Term Rental and Topic: or No Bed and Breakfast '����' x QSS\CCU Regulations and Fees XPUBLIC HEARING: ❑Public Comment Agenda Short Term Rental and Topic: CJV ' n \( Ok or No Bed and Breakfast (_ 6 t� Regulations and Fees PUBLIC HEARING: 7]Public Comment Agenda Short Term Rental and Topic: i D <-7.. ..,�, er- Yes or C1D Bed and Breakfast R 5- Regulations and Fees PUBLIC HEARING: ❑ Public Comment Agenda t. ,-- hort Term Rental and Topic: '�— " Ye or No B nd Breakfast Regulations and Fees tPUBLIC HEARING: ❑ Public Comment Agenda Short Term Rental and Topic: 4/10 or No Bed and Breakfast Gi\,,,,, \-;z i• Regulations and Fees Fcr6-- LIC HEARING: ❑ Public Comment Agenda ort Term Rental and Topic: or No Bed and Breakfast k6 Lid ill ,/) , t`,^ Regulations and Fees (PUBLIC HEARING: ❑ Public Comment Agenda'DI (() Term Rental and Topic: � ,ry 146 Ye or No Bed and Breakfast i Regulations and Fees 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 g V6,,v ke,L, .517u0"1 ()L9, iA0 Lir\ L I() �j�s u CITY OF PORT ANGELES CITY COUNCIL Port Angeles, Washington January 16, 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, Schwab, and Suggs. Members Absent: None Staff Present: City Manager West, Assistant City Manager Goings, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, B. Smith, S. Carrizosa, D. Sharp, and M. Healy. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1.Martin Luther King Jr. Recognition Mayor Dexter read a proclamation in recognition of Martin Luther King Jr. Day which highlighted the many contributions to equality and justice made by Dr. King and promoted Port Angeles citizens to strive for the same ideals. PUBLIC COMMENT Laurel Cripe, city resident, suggested best practices relative to short-term rentals to include limitations and restrictions. Jim McEntire, residing outside City limits, suggested the Council hold back on enforcement until more can be learned about short-term rentals. Bruce Swenson, city resident, spoke about the public outreach and listening event put on by the City related to short - term rentals offered by staff at the Senior and Community Center, his experience as a short-term rental owner, and suggested steps for the Council to take relative to the process, hoping to find a collaborative approach. Dan Anderson, city resident, spoke about short-term rentals. Paul Cunningham, city resident and business owner, spoke about his experience as a long-term and short-term rental experiences and thanked staff for their listening event at the Senior and Community Center. Otto, city resident, spoke about his challenge locating housing related to short-term rental. Gayle, city resident, spoke about local housing challenges for residents due to short-term rentals. Marolee Smith, city resident, spoke about tax increases and short-term rentals. Council received two public comments on matters not related to the evening’s agenda. James Taylor, city resident, spoke about building codes as it relates to building affordable housing. Stephen Pelayo, resident of Port Angeles, spoke about the public outreach and listening event put on by the City related to short-term rentals offered by staff at the Senior and Community Center. February 20, 2024 E - 1 PORT ANGELES CITY COUNCIL MEETING – January 16, 2024 Page 2 of 5 Joyce Underwood, residing outside the city limits and manager of an LLC located within the city, spoke in favor of short-term rentals and the service they are to the community. Susie Blake, city resident, expressed concern over the current stay of the Public Safety Advisory Board. Leslie Forsberg, residing outside the city limits, spoke in favor of short-term rentals, spoke about concerns relative to public input gathering. Ashlynn Emilianni, city resident, spoke about the public outreach and listening event put on by the City related to short-term rentals offered by staff at the Senior and Community Center and spoke about her takeaways. Jim Halburg, city resident and business owner, spoke about the City’s proposals, including proposed fees and provided his recommendations on short-term rental operations within the city. Brian Heberling, residing outside the city limits, spoke about the proposal to end enforcement of short-term rentals and suggested Council consider other options that would address the housing challenges in Port Angeles. Caitlin no last name provided, residing outside the city limits, spoke about short-term rental return on investments and spoke about the City’s survey as it relates to both short-term rental operations and affordable housing. Carolyn no last name provided, city resident, spoke about affordable housing. Brendan no last name provided, city resident, spoke about his experience moving to Port Angeles and living in a short- term rental and his concerns over the cost. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS Council member Schromen-Wawrin asked the Mayor to consider adding a Council discussion on a joint meeting between the Utility Advisory Committee and the Planning Commission, hearing no objection, the Mayor added the item to the agenda. CONSENT AGENDA At the request of Council member Suggs, Mayor Dexter pulled item E-4 Harbor Clean-up Agreement Amendment #2 to Work Order #4 from the Consent Agenda due to her place of employment. At the request of Council member Schwab and after hearing no opposition the Mayor added item G -1 Grant Authority to the Director of Public Works and Utilities for Cardboard Disposal, H-1 Body Worn Camera Fee Change Resolution, and J-1 Vehicle Purchase – Replacement of Fire Department Medic Unit #7201 to the Consent Agenda as items E-10, E-11 and E-12. It was moved by Carr and seconded by Schromen-Wawrin to approve the Consent Agenda to include: 1. City Council Minutes of November 21 and December 5, 2023 / Approve 2. Expenditure Report: From December 5, 2023 to January 5, 2024 in the amount of $1,652,389.68 / Approve 3. Berg Benefits Professional Services Agreement and RedQuote HRA Adoption Agreement / Authorize the City Manager to sign 1.) the Berg Benefits Professional Services Agreement in an amount not to exceed $53,400; and 2.) the RedQuote Adoption Agreement. 4. PULLED FROM CONSENT Harbor Clean-up Agreement Amendment #2 to Work Order #4 5. Construction grant acceptance 16th Street LID / Accept the Washington State Department of Ecology (WSDOE) construction grant in the amount of $1,667,250, authorize the City Manager to execute the WSDOE grant agreement WQC-2024- PoAnPW-00217, sign all required grant forms, and make minor modifications as necessary 6. Water System Plan Update– Professional Services Agreement (PSA-2023-42) / Award a Professional Services Agreement, for services to update the Water System Plan, Jacobs Engineering Group in the not to exceed amount of $96,055.00, and authorize the City Manager to sign and execute the Agreement and to make minor modifications to the Agreement as necessary. 7. Facility Use Agreement – Farmer's Market / 1) Approve and authorize the City Manager to sign a Facility Use Agreement with the Clallam County Gem and Mineral Association and; 2) Allow the City Manager to make any minor modifications to the agreement, if necessary. February 20, 2024 E - 2 PORT ANGELES CITY COUNCIL MEETING – January 16, 2024 Page 3 of 5 8. Facility Use Agreement – Community Garden / 1) Approve and authorize the City Manager to sign a Facility Use Agreement with Contract with the Port Angeles Community Garden and; (2) Allow the City Manager to make any minor modifications to the agreement, if necessary. 9. Facility Use Agreement – CCMAGA Rock Show / 1) Approve and authorize the City Manager to sign a Facility Use Agreement with the Clallam County Gem and Mineral Association and; 2) Allow the City Manager to make any minor modifications to the agreement, if necessary. 10. ITEM MOVED TO CONSENT AGENDA G-1 Grant Authority to the Director of Public Works and Utilities for Cardboard Disposal / A first reading of an Ordinance that amending Chapter 13.54 of the Port Angeles Municipal Code by adding a section relating to cardboard waste disposal. 11. ITEM MOVED TO CONSENT AGENDA H-1Body Worn Camera Fee Change Resolution / Pass Resolution # 1-24 relating to fees for services; and establishing an effective date. 12. ITEM MOVED TO CONSENT AGENDA J-1 Vehicle Purchase – Replacement of Fire Department Medic Unit #7201 / 1. Accept the bid from Braun NW of Chehalis, WA, to sell to the City a new 2024 Ford F450 4x4 chassis with a 6.7 diesel engine for a not to exceed amount of $257,392.30, including tax and accessories; and 2. Authorize the City Manager to approve and execute an agreement to purchase a new Fire Department Medic Unit using the bid supplied by Braun NW of Chehalis, WA, and authorize the City Manager to make minor modifications to the purchase contract if necessary; and 3. Authorize the City Manager to surplus v ehicle #7201, and to dispose of that vehicle in a commercially reasonable manner upon addition of the new vehicle to the City fleet. Council discussion followed. Motion carried 7-0. Council member Suggs spoke stated she would be recusing herself from the vote. 4. Harbor Clean-up Agreement Amendment #2 to Work Order #4 It was moved by Carr and seconded by Schromen-Wawrin to: / 1.) Approve Change Order No. 2 to Work Order No. 4 expanding the work and budget of the Environmental Services Agreement; and 2.) Authorize payment of the City’s share of Change Order No. 2 to Work Order No. 4; and 3.) Authorize the City Manager to execute documents necessary and appropriate to implement Change Order No. 2 to Work Order No. 4; and 4.) to make minor modifications to those documents as necessary. Motion carried 6-0 with Suggs abstaining from the vote. The Mayor recessed the meeting for a break at 7:10 p.m. The meeting reconvened at 7:17 p.m. OTHER CONSIDERATIONS 1. Options for Amending Short-term Rental Enforcement Activity City Attorney William Bloor spoke to the agenda item and memo . Deputy City Manager Calvin Goings provided information to Council. Council discussion followed. 2. 2024 Legislative Priorities City Manager West spoke to the agenda item, provided background, and spoke to preliminary results presented in the draft document. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Suggs to: Adopt the 2024 Legislative Priorities as presented in the City Council packet . Motion carried 7-0. 3. Lincoln School Redevelopment Opportunities Manager West presented the agenda item, provided background , staff recommendation and spoke about potential opportunities for development. Council discussion followed. It was moved by Carr and seconded by Miller to: 1) Authorize the City Manager to submit a proposal to the North Olympic History Center for a formal due diligence review of multi-family redevelopment opportunities of the former Lincoln Elementary School building at 926 W. 8th Street and 2) authorize the City Manager to secure an independent consultant to evaluate redevelopment options. Motion carried 7-0. February 20, 2024 E - 3 PORT ANGELES CITY COUNCIL MEETING – January 16, 2024 Page 4 of 5 4. Cost/Benefit Analysis of City Property Ownership Manager West presented the agenda item, provided background and turned the meeting over to Council member Suggs who had originally requested the matter be added to a future agenda. Council member Suggs provided an explanation and interest in pursuing this matter. Council discussion followed. It was moved by Miller and seconded by Meyer to: Direct staff to develop a plan and timeline to do a cost benefit analysis of City owned properties in which the City is the landlord or properties where the City is a tenant. Motion carried 7-0. 5. City Council Assignments for 2024-2025 Mayor Dexter presented the agenda item, discussed some minor changes. It was moved by Meyer and seconded by Carr to: Adopt the 2024-2025 assignments as amended, to include adding Dexter as the first alternate and Carr as second alternate to the Clallam Transit System Board and appoint Suggs as the Council Representative and Council member Schwab as the alternate to the Solid Waste Advisory Committee. Motion carried 7-0. 6. LATE ITEM Joint Meeting Discussion Council discussion followed. It was moved by Schromen-Wawrin and seconded by Miller to: Direct staff to schedule a joint meeting between the Utility Advisory Committee and the Planning Commission. Motion carried 7-0. CITY COUNCIL REPORTS Council member Meyer spoke about interest in hearing reports on Clallam Transit System Zero Fare and an update on the Winter Ice Village from the Chamber, and shared he was looking forward to a future PAPA meeting. Council member Miller spoke about a recent UAC meeting, expressed her appreciation for the cold weather response from staff, attendance at a Board of Health meeting and spoke about an overdose stat. Deputy Mayor Carr spoke about the first public comment period, spoke about a positive experience during a Mutsu, Japan student visit, an opportunity during a public testimony using talking points in support of Police and Fire staffing and retainage challenges. Council member Schromen-Wawrin spoke about an article related to eviction and rent studies and spoke about vacant properties. Council member Schwab spoke about an upcoming meeting and a future report. Mayor Dexter spoke about a cold weather response from staff. No other reports were given. The Mayor recessed the meeting for a break at 8:19 p.m. The meeting reconvened at 8:25 p.m. INFORMATION Manager West spoke regarding an upcoming work session and city policy, the cold weather response by staff. SECOND PUBLIC COMMENT James Taylor, city resident, spoke about building code needs, and spoke about the need for clear policy to provide to short-term renters. February 20, 2024 E - 4 PORT ANGELES CITY COUNCIL MEETING – January 16, 2024 Page 5 of 5 Jen, short-term rental owner, spoke to her experience, about the regulations presented by the City. John Ralston, city resident, spoke about short-term rentals, GovOS data, and the need for transparency. Kevin, residing outside city limits and short-term rental owner, spoke about short-term rentals and current code that regulates short-term rentals. Jake Purvis, residing outside city limits, thanked staff for the event put on by the City related to short -term rentals offered by staff at the Senior and Community Center, and encouraged the Council to find a compromise relative to short-term rentals. Steven Pelayo, city resident, spoke to Lodging Tax fees, proposed master fee inspection costs, and spoke about communications he had with City staff. Lorrie Mittman, city resident, made suggestions on code revisions, spoke about a need for compromise, shared her preference of the options and why, and spoke about the benefits of lodging tax dollars. Jim Halberg, city resident and business owner, spoke about the need for balance relative to short -term rentals, and spoke about vacant and derelict homes that could be developed. Chris O’Connell, city resident, spoke some negative experiences living in a neighborhood with short-term rentals. Laurel Cripe, city resident, spoke about her research relative to short -term rental regulations. Carolyn Wilcox, city resident, spoke about public comment and short-term rentals. Marolee Smith, city resident, spoke about her research relative to short -term rentals. Caitlin Sullivan, residing outside the city limits, spoke about Hawaii’s short-term rental regulations and spoke about a tourism-based approach. Skip Hutchison, city resident, spoke about an event put on by the City related to short -term rentals offered by staff at the Senior and Community Center, and spoke about his experience operating a short-term rental. Justin, city resident, spoke about vacant properties and property ownership, and fiat currency. Cody Houston, city resident, spoke to short-term rentals. Rita Houston, city resident, spoke in favor of short-term rentals. David Squires, city business owner, spoke to affordable housing and short-term rentals. ADJOURNMENT Mayor Dexter adjourned the meeting at 9:29 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk February 20, 2024 E - 5 CITY COUNCIL SPECIAL MEETING Port Angeles, Washington January 23, 2024 This meeting was conducted virtually. CALL TO ORDER SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Members Present: Mayor Dexter, Deputy Mayor Carr, Council Members Meyer, Miller, Schromen-Wawrin, Schwab, 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, D. Sharp, and M. Healy. COUNCIL PHOTO Council gathered for a group photo in the City Hall atrium. Council member Meyer left the meeting at 5:15 p.m. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS Director of Public Works & Utilities Mike Healy provided background on the matter that would grant Authority to the Director of Public Works and Utilities for Cardboard Disposal , and reminded that prior to the first reading (conducted on January 16th 2024) the proposed ordinance received unanimous support by the Utility Advisory Committee. Mayor Dexter conducted a second reading of the proposed ordinance. ORDINANCE NO. 3727 AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 13.54 of the Port Angeles Municipal Code by adding a section relating to cardboard waste disposal. It was motioned by Schromen-Wawrin and seconded by Carr to: Adopt the ordinance as read. Motion carried 6-0. OPEN PUBLIC MEETINGS ACT ANNUAL TRAINING City Attorney William Bloor presented to Council the annual Public Records Act, Open Public Meetings Act and Ethics Training for Elected Officials. ADJOURNMENT Mayor Dexter adjourned the meeting at 6:17 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk February 20, 2024 E - 6 PORTANGELES FINANCE = WASHtNGToN , U . S . DEPARTMENT February 20, 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$2,368,032.20 this 20th day of February 2024. Mayor City Manager "Where the mountains meet the sea" 360.457.04111 ffnance®cityofpa.us www.cityofpa.us 321 E.5th Sheet,Port Angeles,WA 98362 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-1210-513.41-50 239.79 OLYMPIC STATIONERS INC SUPPLIES 001-1210-513.31-01 39.48 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-1210-513.31-01 555.90 SUPPLIES 001-1210-513.31-01 69.43 City Manager Division Total:$904.60 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-1220-516.41-50 239.78 Human Resources Division Total:$239.78 CLALLAM CNTY AUDITOR 2023 VOTER REGISTRATION 001-1230-514.41-50 26,509.57 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-1230-514.41-50 239.79 WASHINGTON STATE UNIVERSITY HUMAN SERVICES 001-1230-514.43-10 1,400.00 City Clerk Division Total:$28,149.36 City Manager Department Total:$29,293.74 WFOA-WA FINANCE OFFCRS ASSN MEMBERSHIPS 001-2020-514.49-01 75.00 MEMBERSHIPS 001-2020-514.49-01 75.00 MEMBERSHIPS 001-2020-514.49-01 75.00 Finance Administration Division Total:$225.00 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-2023-514.48-02 239.79 MISC EMPLOYEE EXPENSE REIMBURSEMENT TUITION REIMBURSEMENT 001-2023-514.43-10 951.75 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 250.76 OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 85.01 COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 252.92 WFOA-WA FINANCE OFFCRS ASSN MEMBERSHIPS 001-2023-514.49-01 75.00 MEMBERSHIPS 001-2023-514.49-01 75.00 MEMBERSHIPS 001-2023-514.49-01 75.00 MEMBERSHIPS 001-2023-514.49-01 75.00 MEMBERSHIPS 001-2023-514.49-01 75.00 Accounting Division Total:$2,155.23 DATABAR INCORPORATED CYCLES 1-5 BILLED 11/9 001-2025-514.41-50 (2,388.62) CYCLES 1-5 BILLED 11/9 001-2025-514.41-50 2,388.62 CYCLES 1-5 BILLED 11/9/23 001-2025-514.41-50 2,388.62 CYCLES 6-10 BILLED 11/18 001-2025-514.41-50 (2,456.50) CYCLES 6-10 BILLED 11/18 001-2025-514.41-50 2,456.50 CYCLES 6-10 BILLED 11/18/001-2025-514.41-50 2,456.50 CYCLES 11-1 BILLED 11/29 001-2025-514.41-50 2,792.62 Page 1 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 7 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount DATABAR INCORPORATED CYCLES 11-15 BILLED 11/29 001-2025-514.41-50 (2,792.62) CYCLES 11-15 BILLED 11/29 001-2025-514.41-50 2,792.62 CYCLES 16-20 BILLED 11/30 001-2025-514.41-50 (2,261.20) CYCLES 16-20 BILLED 11/30 001-2025-514.41-50 2,261.20 CYCLES 16-20 BILLED 11/30 001-2025-514.41-50 2,261.20 CYCLES 1-5 BILLED 12/8 001-2025-514.41-50 (2,571.16) CYCLES 1-5 BILLED 12/8 001-2025-514.41-50 2,571.16 CYCLES 1-5 BILLED 12/8 001-2025-514.41-50 2,571.16 CYCLES 6-10 BILLED 12/15 001-2025-514.41-50 2,633.51 CYCLES 11-15 BILLED 12/25 001-2025-514.41-50 2,785.96 CYCLES 16-20 BILLED 12/30 001-2025-514.41-50 2,282.47 ELAVON, INC-WIRE TRANSACTION FEES 001-2025-514.41-50 2,646.28 PAYMENTUS GROUP INC TRANSACTION FEES 001-2025-514.41-50 431.81 TRANSACTION FEES 001-2025-514.41-50 14,510.26 SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.001-2025-514.31-11 166.26 FIRST AID & SAFETY EQUIP.001-2025-514.31-11 105.35 FIRST AID & SAFETY EQUIP.001-2025-514.31-11 133.86 FIRST AID & SAFETY EQUIP.001-2025-514.31-11 166.26 FIRST AID & SAFETY EQUIP.001-2025-514.31-11 169.78 Customer Service Division Total:$38,501.90 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2070-518.31-01 10.99 Reprographics Division Total:$10.99 Finance Department Total:$40,893.12 CLALLAM CNTY COMMISSIONER'S OFFICE SUPPLIES 001-3012-598.51-23 90,659.18 Jail Contributions Division Total:$90,659.18 City Attorney Department Total:$90,659.18 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-4060-558.41-50 239.78 OLYMPIC STATIONERS INC NAMES PLATES/HOLDERS 001-4060-558.31-01 150.14 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-4060-558.31-01 65.23 SOUND PUBLISHING INC MCA 23-80 PUBLIC NOTICE 001-4060-558.41-15 105.86 Planning Division Total:$561.01 Community Development Department Total:$561.01 EVERGREEN COLLISION CENTER EXTERNAL LABOR SERVICES 001-5010-521.45-21 201.47 Police Administration Division Total:$201.47 Page 2 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 8 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount MISC TRAVEL J POWLESS-WEST POINT MODE 001-5021-521.43-10 5.50 WHATSAMATHER CONSULTING HUMAN SERVICES 001-5021-521.43-10 2,000.00 Investigation Division Total:$2,005.50 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-5022-521.41-50 239.79 DOOLEY ENTERPRISES, INC POLICE EQUIPMENT & SUPPLY 001-5022-521.31-80 8,954.71 GALLS CLOTHING & APPAREL 001-5022-521.31-11 405.07 SUPPLIES 001-5022-521.31-11 36.79 CLOTHING & APPAREL 001-5022-521.31-11 28.56 CLOTHING & APPAREL 001-5022-521.31-11 23.99 CLOTHING & APPAREL 001-5022-521.31-11 697.41 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 32.23 SHIPPING AND HANDLING 001-5022-521.42-10 67.90 MISC TRAVEL L EMERY-REID INTERVIEW 001-5022-521.43-10 298.00 MIWALL CORPORATION POLICE EQUIPMENT & SUPPLY 001-5022-521.31-80 9,005.59 PENINSULA COLLEGE CATERING CRIMINAL JUSTICE 001-5022-521.43-10 1,490.56 SOUND UNIFORM SOLUTIONS/BRATWEAR CLOTHING & APPAREL 001-5022-521.31-11 575.01 CLOTHING & APPAREL 001-5022-521.31-11 477.09 CLOTHING & APPAREL 001-5022-521.31-11 509.73 CLOTHING & APPAREL 001-5022-521.31-11 526.05 SWAIN'S GENERAL STORE INC MARKERS, PLAQUES,SIGNS 001-5022-521.35-01 76.07 WHATSAMATHER CONSULTING HUMAN SERVICES 001-5022-521.43-10 6,000.00 Patrol Division Total:$29,444.55 CAPTAIN T'S CLOTHING & APPAREL 001-5029-521.31-11 188.40 MISC TRAVEL O HATTON-BODY WORN CAMERA 001-5029-521.43-10 172.22 WAPRO MEMBERSHIPS 001-5029-521.49-01 25.00 Records Division Total:$385.62 Police Department Total:$32,037.14 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-6010-522.41-50 239.79 Fire Administration Division Total:$239.79 CURTIS & SONS INC, L N MSA FLOW TESTING 001-6020-522.41-50 3,421.37 FIRST DUE COMPUTER SOFTWARE FOR MIC 001-6020-522.41-50 3,546.40 GALLS UNIFORM SUPPLIES 001-6020-522.20-80 280.70 UNIFORM SUPPLIES 001-6020-522.20-80 122.07 JIFFY CLEANERS DRY CLEANING 001-6020-522.20-80 10.89 CLOTHING & APPAREL 001-6020-522.20-80 65.34 Page 3 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 9 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-01 33.01 WASHINGTON (UNEMP), STATE OF 4TH QTR EMPL SECURITY 001-6020-522.20-60 1,376.29 Fire Suppression Division Total:$8,856.07 GALLS BADGES & OTHER ID EQUIP. 001-6030-522.20-80 506.45 OLYMPIC STATIONERS INC JOB BROCHURE 001-6030-522.31-01 183.87 Fire Prevention Division Total:$690.32 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-6045-522.31-60 94.51 Fire Training Division Total:$94.51 A-1 PERFORMANCE, INC MONTHLY CLEANING SERVICE 001-6050-522.41-50 403.01 EQUIP MAINT & REPAIR SERV 001-6050-522.41-50 416.83 CED/CONSOLIDATED ELEC DIST EQUIP MAINT & REPAIR SERV 001-6050-522.31-20 245.03 FERRELLGAS INC PUMPS & ACCESSORIES 001-6050-522.31-01 512.90 THURMAN SUPPLY AIR CONDITIONING & HEATNG 001-6050-522.31-01 712.60 SUPPLIES 001-6050-522.31-01 45.41 AIR CONDITIONING & HEATNG 001-6050-522.31-01 101.80 WALTER E NELSON CO SUPPLIES 001-6050-522.31-01 693.07 Facilities Maintenance Division Total:$3,130.65 Fire Department Total:$13,011.34 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-7010-532.48-02 239.79 MISC EMPLOYEE EXPENSE REIMBURSEMENT PPE EMPLOYEE REIMBURSEMEN 001-7010-532.31-01 200.00 SOUND PUBLISHING INC PD-574973 SUBSCRIPTION 001-7010-532.49-01 182.00 VIRTUAL PROJECT MANAGER COMPUTER SOFTWARE FOR MIC 001-7010-532.48-02 1,250.00 Public Works Admin. Division Total:$1,871.79 Public Works & Utilities Department Total:$1,871.79 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 001-8010-574.49-01 239.79 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-8010-574.31-01 255.92 Parks Administration Division Total:$495.71 AMAZON CAPITAL SERVICES OFFICE SUPPLIES, GENERAL 001-8050-536.31-01 21.65 QUIRING MONUMENTS INC SUPPLIES 001-8050-536.34-01 575.00 SUPPLIES 001-8050-536.34-01 658.00 MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 1,765.00 Ocean View Cemetery Division Total:$3,019.65 ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 445.98 AUTO & TRUCK MAINT. ITEMS 001-8080-576.31-20 17.14 Page 4 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 10 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount ANGELES MILLWORK & LUMBER TAPE(NOT DP,SOUND,VIDEO) 001-8080-576.31-20 83.19 SUPPLIES 001-8080-576.31-20 134.11 SUPPLIES 001-8080-576.31-20 36.08 SUPPLIES 001-8080-576.31-20 104.81 SUPPLIES 001-8080-576.31-20 93.61 CED/CONSOLIDATED ELEC DIST PARTS 001-8080-576.31-20 (97.92) DAVE'S HEATING & COOLING SVC EQUIPMENT MAINTENANCE,REC 001-8080-576.48-10 185.13 GOODMAN SANITATION BUILDING, FABRICATED 001-8080-576.45-30 147.25 BUILDING, FABRICATED 001-8080-576.45-30 483.00 GRAINGER FURNITURE, OFFICE 001-8080-576.31-20 106.78 HAULAWAY STORAGE REAL PROPERTY,RENT/LEASE 001-8080-576.45-30 201.92 HEARTLINE SEED,SOD,SOIL&INOCULANT 001-8080-576.31-40 147.02 MISC TRAVEL L COX-SHARPEN SAW BLADES 001-8080-576.43-10 34.50 T SHAY-SHARPEN SAW BLADES 001-8080-576.43-10 34.50 OLYMPIC LAUNDRY & DRY CLEANERS RAGS,SHOP TOWELS,WIPING 001-8080-576.31-01 65.34 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 001-8080-576.31-20 339.37 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 001-8080-576.31-20 65.31 SUPPLIES 001-8080-576.31-20 6.39 SUPPLIES 001-8080-576.31-20 6.47 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 001-8080-576.31-20 8.34 PIPE FITTINGS 001-8080-576.31-20 30.08 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 60.03 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 1,071.58 WASHINGTON (UNEMP), STATE OF 4TH QTR EMPL SECURITY 001-8080-576.20-60 22.48 Parks Facilities Division Total:$3,832.49 Parks & Recreation Department Total:$7,347.85 ANGELES MILLWORK & LUMBER FUEL,OIL,GREASE, & LUBES 001-8131-518.31-20 16.87 SUPPLIES 001-8131-518.31-20 355.57 SUPPLIES 001-8131-518.31-20 9.21 SUPPLIES 001-8131-518.31-20 24.24 PUGET SOUND HARDWARE, INC SUPPLIES 001-8131-518.31-20 426.78 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 001-8131-518.31-20 64.19 SUPPLIES 001-8131-518.31-20 19.57 SUPPLIES 001-8131-518.31-20 11.66 Page 5 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 11 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount Central Svcs Facilities Division Total:$928.09 Facilities Maintenance Department Total:$928.09 BLACK BALL TRANSPORT, INC GRANT 001-9029-518.41-50 188,121.48 General Unspecified Division Total:$188,121.48 Non-Departmental Department Total:$188,121.48 General Fund Fund Total:$404,724.74 LULISH DESIGN MEDIA EXPENSES 101-1430-557.41-50 7,020.51 PORT ANGELES ARTS COUNCIL PNW FIBER ARTS EXPOSITION 101-1430-557.41-50 6,314.18 PORT ANGELES CHAMBER OF COMM FUNDING-DEC 2023 101-1430-557.41-50 3,503.28 PORT ANGELES FINE ARTS CENTER FNDTN WINTERTIDE EVENT 101-1430-557.41-50 10,000.00 Lodging Excise Tax Division Total:$26,837.97 Lodging Excise Tax Department Total:$26,837.97 Lodging Excise Tax Fund Total:$26,837.97 ANGELES MILLWORK & LUMBER ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-25 556.17 MATERIAL HNDLING&STOR EQP 102-7230-542.35-01 70.41 HARTNAGEL BUILDING SUPPLY INC AUTO & TRUCK MAINT. ITEMS 102-7230-542.35-01 868.79 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - SNOW STORM 102-7230-542.31-01 37.00 MEAL TICKET - SNOW STORM 102-7230-542.31-01 37.00 MEAL TICKET - SNOW STORM 102-7230-542.31-01 37.00 MEAL TICKET - SNOW STORM 102-7230-542.31-01 92.50 MEAL TICKET - SNOW STORM 102-7230-542.31-01 92.50 MEAL TICKETS - SNOW STORM 102-7230-542.31-01 55.50 MEAL TICKETS - SNOW STORM 102-7230-542.31-01 74.00 MEAL TICKETS - SNOW STORM 102-7230-542.31-01 92.50 MEAL TICKET - SNOW STORM 102-7230-542.31-01 18.50 MEAL TICKET - SNOW STORM 102-7230-542.31-01 18.50 MEAL TICKET - SNOW STORM 102-7230-542.31-01 18.50 MEAL TICKET - SNOW STORM 102-7230-542.31-01 37.00 MEAL TICKET - SNOW STORM 102-7230-542.31-01 37.00 MEAL TICKET - SNOW STORM 102-7230-542.31-01 74.00 MEAL TICKET SNOW STORM - 102-7230-542.31-01 18.50 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 102-7230-542.31-01 41.16 PENINSULA SEPTIC TANKS PARKING CURB 102-7230-542.31-20 543.00 Page 6 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 12 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount PORT ANGELES POWER EQUIPMENT FIRST AID & SAFETY EQUIP.102-7230-542.31-01 32.56 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 65.15 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 14.09 MISC PROFESSIONAL SERVICE 102-7230-542.47-10 21.72 SWAIN'S GENERAL STORE INC FASTENERS, FASTENING DEVS 102-7230-542.31-01 47.20 JANITORIAL SUPPLIES 102-7230-542.31-01 23.72 HARDWARE,AND ALLIED ITEMS 102-7230-542.35-01 65.31 TRAFFIC SAFETY SUPPLY CO MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 2,113.10 Street Division Total:$5,202.38 Public Works-Street Department Total:$5,202.38 Street Fund Total:$5,202.38 INTRADO LIFE & SAFETY SOLUTIONS DATA PROC SERV &SOFTWARE 107-5160-528.48-10 2,263.04 LEIRA HUMAN SERVICES 107-5160-528.43-10 200.00 MCFALL, BARBARA MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 MISC TRAVEL J CONNER-SECONDARY TRAUMA 107-5160-528.43-10 151.40 T LOZANO-SECONDARY TRAUMA 107-5160-528.43-10 74.00 QUILL CORPORATION JANITORIAL SUPPLIES 107-5160-528.31-01 32.21 REINHOLD, BEVERLY SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 250.00 SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 250.00 SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 500.00 WASHINGTON (UNEMP), STATE OF 4TH QTR EMPL SECURITY 107-5160-528.20-60 1,695.21 Pencom Division Total:$6,615.86 Pencom Department Total:$6,615.86 Pencom Fund Total:$6,615.86 4PA PERS,TEMP EMPLOYMENT AGCY 175-5260-524.41-50 300.00 GOODMAN SANITATION EQUIP MAINT & REPAIR SERV 175-5260-524.41-50 116.18 Code Enforcement Division Total:$416.18 Criminal Justice Department Total:$416.18 Code Compliance Enforcmt Fund Total:$416.18 US BANK-DEBT SVC WIRES FINANCIAL SERVICES 217-2448-592.83-10 5,814.55 2015 LTGO Refunding Division Total:$5,814.55 Debt Service Department Total:$5,814.55 Page 7 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 13 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount 2015 LTGO Refunding Fund Total:$5,814.55 HEWLETT-PACKARD COMPANY COMPUTER HARDWARE&PERIPHE 310-5950-594.65-10 1,091.42 RACOM CORPORATION RADIO & TELECOMMUNICATION 310-5950-594.65-10 72,355.78 SEAWESTERN INC FIRE PROTECTION EQUIP/SUP 310-5950-594.65-10 1,387.23 Homeland Security Division Total:$74,834.43 Public Safety Projects Department Total:$74,834.43 COAST TO COAST TURF DESIGN SERVICES 310-8985-594.65-10 12,000.00 Misc Parks Projects Division Total:$12,000.00 Capital Proj-Parks & Rec Department Total:$12,000.00 Capital Improvement Fund Total:$86,834.43 DAILY JOURNAL OF COMMERCE COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 297.60 PROJECT POSTING 312-7930-595.65-10 595.20 HERRERA ENVIRONMENTAL CONSULTANTS CITY HALL PARKING LOT 312-7930-595.65-10 4,491.51 INTERWEST CONSTRUCTION, INC. RACE STREET 312-7930-595.65-10 295,222.60 KPFF CONSULTING ENGINEERS CORP YARD FACILITIES PROJ 312-7930-595.65-10 2,904.94 SOUND PUBLISHING INC PROJECT TR0120 312-7930-595.65-10 350.76 COMMUNICATIONS/MEDIA SERV 312-7930-595.65-10 113.76 GF-Street Projects Division Total:$303,976.37 Capital Projects-Pub Wks Department Total:$303,976.37 Transportation Benefit Fund Total:$303,976.37 ANIXTER ELECTRICAL CABLES & WIRES 401-0000-141.42-00 48,653.80 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 787.57 ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 7,696.44 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 110.47 FINAL BILL REFUND 401-0000-122.10-99 156.31 FINAL BILL REFUND 401-0000-122.10-99 181.29 FINAL BILL REFUND 401-0000-122.10-99 571.41 FINAL BILL REFUND 401-0000-122.10-99 532.21 UTILITY DEPOSIT REFUND 401-0000-122.10-99 250.00 STELLA-JONES CORPORATION LUMBER& RELATED PRODUCTS 401-0000-141.43-00 56,363.77 Division Total:$115,303.27 Department Total:$115,303.27 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 401-7111-533.49-90 239.79 MISC TRAVEL V SMITH-NWPPA CONF 401-7111-533.43-10 282.00 Page 8 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 14 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount VIRTUAL PROJECT MANAGER COMPUTER SOFTWARE FOR MIC 401-7111-533.48-02 2,500.00 Engineering-Electric Division Total:$3,021.79 PUD #1 OF CLALLAM COUNTY POWER USAGE CHGS 401-7120-533.33-50 7,923.93 Power Systems Division Total:$7,923.93 AIRPORT GARDEN CENTER ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 56.45 AMAZON CAPITAL SERVICES FURNITURE, OFFICE 401-7180-533.31-01 74.05 OFFICE MECH AIDS,SM MACH 401-7180-533.31-01 11.02 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 40.40 SCHOOL EQUIP& SUPPLIES 401-7180-533.31-01 45.90 ANGELES MILLWORK & LUMBER GRASS SEED 401-7180-533.35-01 20.77 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 65.90 ANIXTER ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 186.37 BAXTER AUTO PARTS #15 BELTS AND BELTING 401-7180-533.31-20 108.38 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 202.55 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 258.09 ELECTRICAL CABLES & WIRES 401-7180-533.34-02 992.20 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 350.70 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 223.25 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 119.29 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 401-7180-533.49-90 239.79 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 107.88 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 994.60 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 116.23 MATT'S TOOLS USA, LLC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 407.29 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 1,112.95 MISC EMPLOYEE EXPENSE REIMBURSEMENT DNR-DIG IN RAILRD/LINCOLN 401-7180-533.31-01 37.00 DNR-DIG IN RAILRD/LINCOLN 401-7180-533.31-01 37.00 DNR-DIG IN RAILRD/LINCOLN 401-7180-533.31-01 37.00 MURREY'S DISPOSAL CO, INC SHREDDING SERVICES 401-7180-533.47-10 271.79 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 358.18 RAINBOW SWEEPERS, INC ROADSIDE,GRNDS,REC, PARK 401-7180-533.48-10 707.85 ROHLINGER ENTERPRISES INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 2,610.06 Electric Operations Division Total:$9,792.94 Public Works-Electric Department Total:$20,738.66 Electric Utility Fund Total:$136,041.93 Page 9 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 15 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount CLALLAM CNTY DIV OF ENV HEALTH SAMPLE TESTING 402-7380-534.41-50 198.00 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 402-7380-534.48-02 239.79 EDGE ANALYTICAL TESTING 402-7380-534.41-50 (269.00) TESTING 402-7380-534.41-50 (217.00) EVERGREEN RURAL WATER OF WA MEMBERSHIPS 402-7380-534.49-01 1,025.00 FASTENAL INDUSTRIAL PAINTS,COATINGS,WALLPAPER 402-7380-534.31-20 338.46 GRAINGER AIR CONDITIONING & HEATNG 402-7380-534.31-20 647.56 FASTENERS, FASTENING DEVS 402-7380-534.31-20 326.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - SNOW STORM 402-7380-534.31-01 55.50 PLATT ELECTRIC SUPPLY INC ELECTRICAL CABLES & WIRES 402-7380-534.31-20 (162.95) HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 380.06 ELECTRICAL EQUIP & SUPPLY 402-7380-534.35-01 143.47 PRESTIGE WORLDWIDE TECHNOLOGIES YEARLY VAVE REBUILDS/INSP 402-7380-534.48-10 28,288.00 PROFESSIONAL TRAINING ASSN HUMAN SERVICES 402-7380-534.43-10 100.00 HUMAN SERVICES 402-7380-534.43-10 100.00 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 137.81 RH2 ENGINEERING PROFESSIONAL SERVICES 402-7380-534.41-50 339.53 SPECTRA LABORATORIES-KITSAP TESTING 402-7380-534.41-50 217.00 TESTING 402-7380-534.41-50 269.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 217.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 269.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 269.00 SWAIN'S GENERAL STORE INC FASTENERS, FASTENING DEVS 402-7380-534.31-01 9.77 HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 39.11 AUTO SHOP EQUIPMENT & SUP 402-7380-534.31-01 46.76 THURMAN SUPPLY HARDWARE,AND ALLIED ITEMS 402-7380-534.31-20 219.95 VIRTUAL PROJECT MANAGER COMPUTER SOFTWARE FOR MIC 402-7380-534.48-02 2,500.00 WALTER E NELSON CO BUILDING MAINT&REPAIR SER 402-7380-534.31-01 107.74 JANITORIAL SUPPLIES 402-7380-534.31-01 87.31 PAPER & PLASTIC-DISPOSABL 402-7380-534.31-01 516.74 WASHINGTON (UNEMP), STATE OF 4TH QTR EMPL SECURITY 402-7380-534.20-60 22,345.00 Water Division Total:$58,783.61 Page 10 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 16 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount ANGELES MILLWORK & LUMBER LUMBER& RELATED PRODUCTS 402-7382-534.31-20 99.51 CLALLAM CNTY DEPT OF COMM DEV ENVIRONMENTAL&ECOLOGICAL 402-7382-534.49-90 150.00 WESTERN STEEL METALS,BARS,PLATES,RODS 402-7382-534.31-20 659.65 Industrial Water Treatmnt Division Total:$909.16 Public Works-Water Department Total:$59,692.77 Water Utility Fund Total:$59,692.77 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (114.34) CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (35.51) Division Total:($149.85) Department Total:($149.85) ANGELES MILLWORK & LUMBER CONSTRUCTION SERVICES,TRA 403-7480-535.31-20 188.16 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 403-7480-535.48-02 239.79 EDGE ANALYTICAL WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 56.00 FEDERAL EXPRESS CORP SHIPPING CHARGES 403-7480-535.42-10 47.14 SHIPPING CHARGES 403-7480-535.42-10 13.67 JOHNSON CONTROLS SECURITY SOLUTIONS CONSULTING SERVICES 403-7480-535.41-50 398.97 MISC EMPLOYEE EXPENSE REIMBURSEMENT CDL REIMBURSEMENT - 01/23 403-7480-535.49-90 136.00 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 18.50 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 18.50 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 18.50 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 37.00 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 55.50 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 74.00 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 92.50 MEAL TICKET - COLD WEATHE 403-7480-535.31-01 92.50 MEAL TICKET - CRAVITY THI 403-7480-535.31-01 37.00 MEAL TICKET - GRAVITY TH 403-7480-535.31-01 37.00 MEAL TICKET - GRAVITY THI 403-7480-535.31-01 37.00 MEAL TICKET - GRAVITY THI 403-7480-535.31-01 37.00 MEAL TICKET - GRAVITY THI 403-7480-535.31-01 37.00 MEAL TICKET - SLUDGE PROC 403-7480-535.31-01 18.50 MEAL TICKET - SLUDGE PROC 403-7480-535.31-01 18.50 MEAL TICKET - SLUDGE PROC 403-7480-535.31-01 37.00 Page 11 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 17 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - SLUDGE PROC 403-7480-535.31-01 37.00 MEAL TICKET - THICKENER -403-7480-535.31-01 37.00 MEAL TICKET - THICKENER -403-7480-535.31-01 37.00 MEAL TICKET - THICKENER -403-7480-535.31-01 37.00 MEAL TICKET - THICKENER -403-7480-535.31-01 37.00 MEAL TICKET - THICKENER -403-7480-535.31-01 37.00 MEAL TICKET - THICKENER -403-7480-535.31-01 37.00 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 1,399.07 CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 434.51 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 (39.29) PUD #1 OF CLALLAM COUNTY MASTERS RD 403-7480-535.47-10 671.45 SWAIN'S GENERAL STORE INC FOODS: PERISHABLE 403-7480-535.31-01 80.29 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 123.53 TENELCO BIOSOLIDS HAULING 403-7480-535.47-10 4,478.32 BIOSOLIDS HAULING 403-7480-535.47-10 4,077.97 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 26.01 PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 88.48 VIRTUAL PROJECT MANAGER COMPUTER SOFTWARE FOR MIC 403-7480-535.48-02 2,500.00 Wastewater Division Total:$15,845.07 Public Works-Wastewater Department Total:$15,845.07 Wastewater Utility Fund Total:$15,695.22 2 GRADE, LLC RELEASE RETAINAGE 404-0000-223.40-00 3,554.29 Division Total:$3,554.29 Department Total:$3,554.29 AMAZON CAPITAL SERVICES HARDWARE,AND ALLIED ITEMS 404-7538-537.31-01 88.95 ANGELES MILLWORK & LUMBER ELECTRICAL EQUIP & SUPPLY 404-7538-537.35-01 81.09 CLALLAM CNTY SOLID WASTE DEPT INTERLOCAL AGREEMENT 404-7538-537.49-90 2,329.24 EDGE ANALYTICAL SAMPLE TESTING 404-7538-537.41-50 2,034.27 SAMPLE TESTING 404-7538-537.41-50 3,829.00 ELAVON, INC-WIRE TRANSACTION FEES 404-7538-537.41-50 4,424.78 FAMILY SHOE STORE SHOES AND BOOTS 404-7538-537.31-01 270.03 HERMANN BROS LOGGING & CONST MISCELLANEOUS SERVICES 404-7538-537.41-50 1,575.00 HI-TECH ELECTRONICS INC COMMUNICATIONS/MEDIA SERV 404-7538-537.41-50 391.91 Page 12 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 18 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount M & P GARAGE DOORS BUILDING MAINT&REPAIR SER 404-7538-537.48-10 832.27 FUEL,OIL,GREASE, & LUBES 404-7538-537.48-10 124.03 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 18.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - HOLIDAY - 0 404-7538-537.31-01 55.50 MEAL TICKET - OVERTIME - 404-7538-537.31-01 18.50 MEAL TICKET - OVERTIME - 404-7538-537.31-01 55.50 NAPA AUTO PARTS BELTS AND BELTING 404-7538-537.31-20 202.21 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES & ACCESS 404-7538-537.31-01 130.27 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 404-7538-537.48-10 157.73 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 404-7538-537.31-01 195.91 JANITORIAL SUPPLIES 404-7538-537.31-01 89.00 ELECTRICAL EQUIP & SUPPLY 404-7538-537.35-01 97.98 THERMO-FLUIDS PW CONSTRUCTION & RELATED 404-7538-537.41-50 211.25 PW CONSTRUCTION & RELATED 404-7538-537.41-50 121.52 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 404-7538-537.31-20 226.21 HAND TOOLS ,POW&NON POWER 404-7538-537.48-10 58.87 VIRTUAL PROJECT MANAGER COMPUTER SOFTWARE FOR MIC 404-7538-537.48-02 2,500.00 WA STATE RECYCLING ASSOCIATION MEMBERSHIPS 404-7538-537.49-01 200.00 WALTER E NELSON CO JANITORIAL SUPPLIES 404-7538-537.31-01 267.76 SW - Transfer Station Division Total:$21,031.28 DATABAR INCORPORATED SOLID WASTE CALENDAR 404-7580-537.41-15 55.75 SOLID WASTE CALENDARS 404-7580-537.41-15 (55.75) SOLID WASTE CALENDARS 404-7580-537.41-15 55.75 SOLID WASTE CALENDAR 404-7580-537.41-15 59.63 SOLID WASTE CALENDARS 404-7580-537.41-15 62.64 LEFTOVER CALENDAR SHP 404-7580-537.41-15 23.03 Page 13 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 19 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount DATABAR INCORPORATED SOLID WASTE CALENDARS 404-7580-537.41-15 50.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 18.50 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 MEAL TICKET - HOLIDAY - 0 404-7580-537.31-01 37.00 WA STATE RECYCLING ASSOCIATION MEMBERSHIPS 404-7580-537.49-01 100.00 Solid Waste-Collections Division Total:$591.55 ASPECT CONSULTING, LLC LANDFILL POST-CLOSURE 404-7585-537.41-50 11,153.50 EDGE ANALYTICAL SAMPLE TESTING 404-7585-537.41-50 776.00 Solid Waste-Landfill Division Total:$11,929.50 Public Works-Solid Waste Department Total:$33,552.33 Solid Waste Utility Fund Total:$37,106.62 ANGELES MILLWORK & LUMBER SIMPLE GREEN 406-7412-538.31-20 26.74 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 406-7412-538.41-50 239.79 EDGE ANALYTICAL SAMPLE TESTING 406-7412-538.41-50 1,371.20 HARTNAGEL BUILDING SUPPLY INC TOOLS 406-7412-538.35-01 984.63 KITSAP COUNTY PUBLIC WORKS 4TH QTR BILLING 406-7412-538.41-50 244.20 PORT ANGELES POWER EQUIPMENT FLOOR MAINT MACHINE,PARTS 406-7412-538.35-01 125.95 SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.406-7412-538.31-01 91.81 VIRTUAL PROJECT MANAGER COMPUTER SOFTWARE FOR MIC 406-7412-538.48-02 2,500.00 Stormwater Division Total:$5,584.32 Public Works-Wastewater Department Total:$5,584.32 Stormwater Utility Fund Total:$5,584.32 ANGELES MILLWORK & LUMBER SUPPLIES 409-6025-526.31-01 66.28 BOUND TREE MEDICAL, LLC SUPPLIES 409-6025-526.31-13 144.12 CURTIS & SONS INC, L N CLOTHING & APPAREL 409-6025-526.20-80 263.39 DR. PANZA LLC PHYSICALS/TESTING 409-6025-526.41-50 875.00 FAMILY SHOE STORE SAFETY BOOTS 409-6025-526.20-80 435.15 FIRST DUE COMPUTER SOFTWARE FOR MIC 409-6025-526.41-50 3,546.40 HI-TECH ELECTRONICS INC EQUIP MAINT & REPAIR SERV 409-6025-526.41-50 652.80 Page 14 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 20 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount LIFE ASSIST SUPPLIES 409-6025-526.31-01 1,238.79 SUPPLIES 409-6025-526.31-01 150.02 SUPPLIES 409-6025-526.31-01 503.22 SUPPLIES 409-6025-526.31-01 281.88 SUPPLIES 409-6025-526.31-01 2,272.40 SUPPLIES 409-6025-526.31-01 3,529.37 SUPPLIES 409-6025-526.31-13 101.70 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 245.03 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 312.21 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 519.01 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 51.72 MISC EMPLOYEE EXPENSE REIMBURSEMENT BEN CLARK PM SCHOOL STUDY 409-6025-526.43-10 217.19 PUBLIC SAFETY TESTING INC 4TH QTR SUBSCRIPTION FEES 409-6025-526.41-50 369.00 STRYKER SALES CORPORATION SUPPLIES 409-6025-526.31-01 315.11 SWAIN'S GENERAL STORE INC SUPPLIES 409-6025-526.31-01 53.20 TELEFLEX, LLC SUPPLIES 409-6025-526.31-01 1,115.50 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 562.50 Medic I Division Total:$17,820.99 OLYMPIC PENINSULA COMMUNITY CLINIC DECEMBER SERVICES 409-6027-526.41-50 15,592.87 Community Paramedicine Division Total:$15,592.87 Fire Department Total:$33,413.86 Medic I Utility Fund Total:$33,413.86 ALL WEATHER HEATING AND COOLING AIR CONDITIONING & HEATNG 421-7121-533.49-86 200.00 DAVE'S HEATING & COOLING SVC AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 TRACY'S INSULATION CONSTRUCTION SERVICES,TRA 421-7121-533.49-86 3,345.00 Conservation Division Total:$4,345.00 Public Works-Electric Department Total:$4,345.00 Conservation Fund Total:$4,345.00 INTERWEST CONSTRUCTION, INC. RACE STREET 452-7388-594.65-10 (3,339.37) KPFF CONSULTING ENGINEERS CORP YARD FACILITIES PROJ 452-7388-594.65-10 2,904.94 Water Projects Division Total:($434.43) Public Works-Water Department Total:($434.43) Water Utility CIP Fund Total:($434.43) Page 15 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 21 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount HDR ENGINEERING, INC CULTURAL RESOURCES SVCS 453-7488-594.65-10 6,279.57 CONSULTING SERVICES 453-7488-594.65-10 8,591.81 KENNEDY/JENKS CONSULTANTS PROFESSIONAL SERVICES 453-7488-594.65-10 548.63 PROFESSIONAL SERVICES 453-7488-594.65-10 2,867.05 KPFF CONSULTING ENGINEERS CORP YARD FACILITIES PROJ 453-7488-594.65-10 2,904.94 PRESTIGE WORLDWIDE TECHNOLOGIES REPAIRS 453-7488-594.65-10 1,990.99 Wastewater Projects Division Total:$23,182.99 Public Works-Wastewater Department Total:$23,182.99 WasteWater Utility CIP Fund Total:$23,182.99 KPFF CONSULTING ENGINEERS CORP YARD FACILITIES PROJ 454-7588-594.65-10 2,904.94 Solid Waste Coll Projects Division Total:$2,904.94 Public Works-Solid Waste Department Total:$2,904.94 Solid Waste Utility CIP Fund Total:$2,904.94 KPFF CONSULTING ENGINEERS CORP YARD FACILITIES PROJ 456-7688-594.65-10 2,904.94 Stormwater Util CIP Projs Division Total:$2,904.94 Public Works Department Total:$2,904.94 Stormwtr Util Projects Fund Total:$2,904.94 KENNEDY/JENKS CONSULTANTS PROFESSIONAL SERVICES 463-7489-594.65-10 3,696.51 SCARSELLA BROS, INC FORCE MAIN REPLACEMENT 463-7489-594.65-10 115,311.04 CSO Capital Division Total:$119,007.55 Public Works-Wastewater Department Total:$119,007.55 CSO Capital Fund Total:$119,007.55 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 12,867.69 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 12,969.42 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 21.71 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 182.30 DOBBS PETERBILT INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,263.24 FASTENAL INDUSTRIAL AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 220.16 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 83.56 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 865.31 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 603.33 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 85.42 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 84.93 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 84.93 Page 16 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 22 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 8.06 HOSES, ALL KINDS 501-0000-141.40-00 88.49 HOSES, ALL KINDS 501-0000-141.40-00 189.91 PENINSULA LUBRICANTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 39.60 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,524.45 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,524.45 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,631.52 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 1,519.93 ROMAINE ELECTRIC CORP AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 485.07 Division Total:$36,343.48 Department Total:$36,343.48 AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 39.13 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 229.65 ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-20 18.18 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-20 4.03 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.49 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.49 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 21.08 FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 19.98 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (43.56) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (21.78) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 268.21 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 19.84 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 65.39 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 202.39 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 46.13 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,416.73 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (235.22) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 59.71 CENTRAL WELDING SUPPLY AUTO & TRUCK MAINT. ITEMS 501-7630-548.49-90 318.61 DAREN'S POINT S EXTERNAL LABOR SERVICES 501-7630-548.34-02 21.73 EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.51 EXTERNAL LABOR SERVICES 501-7630-548.34-02 38.12 EXTERNAL LABOR SERVICES 501-7630-548.34-02 67.35 DOBBS PETERBILT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 3,151.76 Page 17 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 23 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount FAR-WEST MACHINE & HYDRAULICS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 136.76 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 957.11 HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 506.00 HERMANN BROS LOGGING & CONST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 49.01 LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 30.99 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,833.21 EXTERNAL LABOR SERVICES 501-7630-548.34-02 43.59 EXTERNAL LABOR SERVICES 501-7630-548.34-02 237.67 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 163.13 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 597.73 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 65.65 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 289.07 EXTERNAL LABOR SERVICES 501-7630-548.34-02 27.20 EXTERNAL LABOR SERVICES 501-7630-548.34-02 101.43 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 29.28 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 70.35 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 70.35 EXTERNAL LABOR SERVICES 501-7630-548.34-02 562.33 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 61.50 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 135.53 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 248.18 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 95.36 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 141.96 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 174.93 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 137.98 PAPE' MACHINERY AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 547.06 PENINSULA LUBRICANTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 435.60 AUTO & TRUCK MAINT. ITEMS 501-7630-548.49-90 256.76 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 159.43 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 17.71 EXTERNAL LABOR SERVICES 501-7630-548.34-02 525.44 SCHUYLER R RUBBER CO INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 5,712.84 SIMPSON'S USED PARTS & TOWING AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 151.90 Page 18 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 24 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount SNAP-ON TOOLS - SARGENT TOOLS LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 32.94 TACOMA DODGE CHRYSLER JEEP EXTERNAL LABOR SERVICES 501-7630-548.34-02 672.83 Equipment Services Division Total:$21,045.76 Public Works Department Total:$21,045.76 Equipment Services Fund Total:$57,389.24 DOCUSIGN INC. DATA PROC SERV &SOFTWARE 502-2081-518.41-50 239.79 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET PC MEETING CO 502-2081-518.31-01 37.00 MEAL TICKET-PC MEETING CO 502-2081-518.31-01 37.00 SEATTLE TIMES, THE JOB ADS 502-2081-518.44-10 3,900.00 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 456.19 Information Technologies Division Total:$4,669.98 PUD #1 OF CLALLAM COUNTY RADIO & TELECOMMUNICATION 502-2083-518.47-10 56.72 Wireless Mesh Division Total:$56.72 Finance Department Total:$4,726.70 Information Technology Fund Total:$4,726.70 AWC EMPLOYEE BENEFITS TRUST L1 MED/DEN/VIS PREMIUMS 503-1631-517.46-34 8,454.02 LIFE INSURANCE 503-1631-517.46-32 1,940.25 LTD 503-1631-517.46-31 6,922.03 MED/DEN/VIS PREMIUMS 503-1631-517.46-30 242,696.09 HSA BANK EMPLOYER CONTRIBUTIONS 503-1631-517.46-30 3,200.00 NW ADMIN TRANSFER ACCT INSURANCE, ALL TYPES 503-1631-517.46-33 99,100.20 INSURANCE, ALL TYPES 503-1631-517.46-34 7,061.40 REDACTED DISABILITY BOARD-JANUARY 503-1631-517.46-35 9.02 DISABILITY BOARD-JANUARY 503-1631-517.46-35 20.00 DISABILITY BOARD-JANUARY 503-1631-517.46-35 185.50 DISABILITY BOARD-JANUARY 503-1631-517.46-35 219.85 DISABILITY BOARD-JANUARY 503-1631-517.46-35 738.13 DISABILITY BOARD-JANUARY 503-1631-517.46-35 951.19 DISABILITY BOARD-JANUARY 503-1631-517.46-35 1,073.11 DISABILITY BOARD-JANUARY 503-1631-517.46-35 2,211.34 REIMBURSE MEDICARE- JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-DEC 503-1631-517.46-35 154.10 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 108.00 Page 19 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 25 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount REDACTED REIMBURSE MEDICARE-JAN 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 442.90 REIMBURSE MEDICARE-JAN 503-1631-517.46-35 679.70 REDQUOTE, INC. HRA CLAIMS-2023 503-1631-517.46-30 2,701.63 ANNUAL HRA ADMINISTRATIVE 503-1631-517.46-30 53,400.00 HRA CLAIMS-2023 503-1631-517.46-30 2,826.23 HRA CLAIMS-2023 503-1631-517.46-30 8,392.52 HRA CLAIMS-2023 503-1631-517.46-30 2,860.26 Other Insurance Programs Division Total:$448,628.37 DEPARTMENT OF LABOR & INDUSTRIES 4TH QTR 2023 503-1661-517.49-50 111,809.07 DEPT OF LABOR & INDUSTRIES 4TH QTR 2023 503-1661-517.49-50 1,211.69 WASHINGTON HOSPITAL SVCS AUGUST SERVICE FEE 503-1661-517.41-40 750.00 OCTOBER SERVICE FEE 503-1661-517.41-40 750.00 NOVEMBER SERVICE FEE 503-1661-517.41-40 750.00 DECEMBER SERVICE FEE 503-1661-517.41-40 750.00 JANUARY - FEE FOR SERVICE 503-1661-517.41-40 750.00 Worker's Compensation Division Total:$116,770.76 CIVICPLUS ADA SOFTWARE FOR CITY WEB 503-1671-517.41-50 5,420.00 MARSH USA INC. UST INSURANCE RENEWAL 503-1671-517.46-10 4,281.05 Comp Liability Division Total:$9,701.05 Self Insurance Department Total:$575,100.18 Self-Insurance Fund Total:$575,100.18 AFLAC AFLAC MONTHLY PREMIUMS 920-0000-231.53-10 744.74 Page 20 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 26 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount AWC EMPLOYEE BENEFITS TRUST SUPPLEMENTAL LIFE 920-0000-231.53-30 871.50 CHAPTER 13 TRUSTEE CASE #21-10696 920-0000-231.56-90 358.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 (10.00) PAYROLL SUMMARY 920-0000-231.55-30 5.00 PAYROLL SUMMARY 920-0000-231.55-30 5.00 PAYROLL SUMMARY 920-0000-231.55-30 710.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 26,302.40 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 94,690.11 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 60.76 PAYROLL SUMMARY 920-0000-231.50-20 117,599.48 HRA VEBA PLAN PAYROLL SUMMARY 920-0000-231.52-60 3,200.00 HSA BANK EMPLOYEE DEDUCTIONS 920-0000-231.52-40 4,830.98 EMPLOYEE DEDUCTIONS 920-0000-231.52-40 2,000.00 PAYROLL SUMMARY 920-0000-231.53-11 1,050.00 PAYROLL SUMMARY 920-0000-231.53-12 357.73 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 1,607.54 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 25.04 PAYROLL SUMMARY 920-0000-231.51-21 102.83 PAYROLL SUMMARY 920-0000-231.51-21 (21.53) PAYROLL SUMMARY 920-0000-231.51-21 21.53 PAYROLL SUMMARY 920-0000-231.51-21 301.89 PAYROLL SUMMARY 920-0000-231.51-21 37,290.71 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 32,190.14 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 1,116.83 PERS PAYROLL SUMMARY 920-0000-231.51-12 865.20 PAYROLL SUMMARY 920-0000-231.51-10 740.05 PAYROLL SUMMARY 920-0000-231.51-11 17,940.52 PAYROLL SUMMARY 920-0000-231.51-12 94,977.44 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,537.00 PAYROLL SUMMARY 920-0000-231.54-10 (66.50) PAYROLL SUMMARY 920-0000-231.54-10 66.50 PAYROLL SUMMARY 920-0000-231.54-10 2,537.00 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 140.00 Page 21 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 27 City of Port Angeles City Council Expenditure Report Between Jan 27, 2024 and Feb 9, 2024 Vendor Description Account Number Amount WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 5,800.00 Division Total:$450,947.89 Department Total:$450,947.89 Payroll Clearing Fund Total:$450,947.89 Total for Checks Dated Between Jan 27, 2024 and Feb 9, 2024 $2,368,032.20 Page 22 of 22 Feb 12, 2024 8:02:29 AM February 20, 2024 E - 28 Date: February 20, 2024 To: City Council From: Brian S. Smith, Police Chief Subject: WASPC Body Worn Camera Grant and Agreement Background / Analysis: The Washington State Legislature, via budget proviso in the 2023 Legislative Session (see ESSB 5187), allocated $1,600,000 to the Washington Association of Sheriffs and Police Chiefs (WASPC) for 2023-2025 biennium, for a body-worn camera grant program in order to assist law enforcement agencies to establish and expand body-worn camera programs. The funds are to be distributed to local law enforcement agencies to fund the following: • The initial purchase, maintenance, and replacement of body-worn cameras; • Ongoing costs related to the maintenance and storage of data recorded by body-worn cameras; • Costs associated with public records requests for body-worn camera footage; and/or • Hiring of personnel necessary to operate a body-worn camera program. The overall Police Department body worn camera program is identified in the 2023-2028 City Capital Facilities Plan (Capital Facilities Plan #310-5958-594.65-10 PD0223) and a total expenditure of $52,000.00. Within this project staff have identified $26,466.96 for costs associated with a body worn camera contract (equipment purchase and data storage) and $7,281.00 has been designated to reimburse the City for the purchase of redaction software and computer upgrades. Funding: The contract cost of $33,747.96 will be 100% reimbursed by the WASPC grant. Summary: The Washington Association of Sheriffs and Police Chiefs (WASPC) has awarded the Port Angeles Police Department a grant for the purchase of body worn cameras and the associated software and necessary computer upgrades. The period of performance is January 1, 2024 through June 30, 2024. The grant and awarded funds are designed to support our existing capital facilities body worn camera project. Funding: $33,747.96 has been awarded to the Police Department. There is no match requirement. These funds cover a large portion of the identified 2024 Police Department body worn camera costs. Recommendation: Authorize the City Manager to sign a contract with Washington Association of Sheriffs and Police Chiefs and to make minor modifications as necessary. February 20, 2024 E - 29 WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS INTERAGENCY AGREEMENT—SPECIFIC TERMS AND CONDITIONS BODY-WORN CAMERA GRANT PROGRAM FY 2024 OVERVIEW: The Washington State Legislature, via budget proviso in the 2023 Legislative Session (see ESSB 5187), allocated $1,600,000 to the Washington Association of Sheriffs and Police Chiefs (WASPC) for 2023-2025 biennium, for a body-worn camera grant program in order to assist law enforcement agencies to establish and expand body-worn camera programs. The funds are to be distributed to local law enforcement agencies to fund the following: • the initial purchase, maintenance, and replacement of body-worn cameras; • ongoing costs related to the maintenance and storage of data recorded by body-worn cameras; • costs associated with public records requests for body-worn camera footage; and/or • hiring of personnel necessary to operate a body-worn camera program. AGREEMENT: This AGREEMENT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS (hereinafter referred to as WASPC) and the PORT ANGELES POLICE DEPARTMENT(hereinafter referred to as the RECIPIENT). The WASPC point of contact for the Body-Worn Camera Grant Program is Sydney Hansen, Program Coordinator, 360-486-2402 or shansen@waspc.org. FUNDING SOURCE: Funding for this AGREEMENT is provided to WASPC through the Criminal Justice Training Commission from the State of Washington. These are state funds allocated by the Washington State Legislature. Funding awarded the RECIPIENT shall not exceed the amount shown above. Award Recipient Name and Address: Port Angeles Police Department 321 E 5th St Port Angeles, WA 98362 Agency Contact: Title: Carla Jacobi Email: cjacobi@cityofpa.us Phone: (360) 417-4989 Project Title: Body-Worn Camera Grant Program 2024 Funding Cycle: January 1, 2024—June 30, 2024 Agreement No: BWC-24-22 Funding Authority: WA Association of Sheriffs and Police Chiefs Grant Award: $33,747.96 Service Area: City of Port Angeles DocuSign Envelope ID: DAE941F3-2EAA-4A97-A3CE-C53AB0189459 February 20, 2024 E - 30 SCOPE OF WORK: Grant recipient shall: • Use agency procurement procedures for up to $26,466.96 of the body-worn camera contract for the period of January 1, 2024-June 30, 2024. • Use agency procurement procedures for up to $7,281.00 for the purchase of redaction software and computer upgrades. Grant funds may not be used to purchase tasers or any other bundled contract items not associated with body-worn cameras. DATA COLLECTION AND REPORTING: The Body-Worn Camera Grant Report form (link below) shall be completed by July 15, 2024. https://waspc.formstack.com/forms/2023_waspc_bwc_grant_application_report INVOICES FOR REIMBURSEMENT: Requests for reimbursement shall be submitted included in the BWC Grant Report and must include a completed and signed A-19 and any applicable receipts. Requests for reimbursement shall be submitted by July 15, 2024. SIGNATURE: IN WITNESS WHEREOF, WASPC and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and Letter and other documents incorporated herein. For WASPC For RECIPIENT Name: Kim Goodman Name: Brian Smith Title: Chief of Staff Title: Chief of Police Agency: Washington Association of Sheriffs & Police Chiefs Agency: Port Angeles Police Department Date: Date: Signature: Signature: DocuSign Envelope ID: DAE941F3-2EAA-4A97-A3CE-C53AB0189459 February 20, 2024 E - 31 Date: February 20, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Francis Street ADA Improvement Project TR06-16 Final Acceptance Background / Analysis: The Washington State Transportation Improvement Board (TIB) awarded the City of Port Angeles a Complete Street Grant in recognition of the City adopting a Complete Street Ordinance. The Grant was accepted by City Council on June 4, 2019. The Grant award was in the amount of $300,000.00 and was used to replace and/or install 49 ADA compliant ramps on Francis Street between Caroline and 8th Streets. Curb ramps that meet ADA requirements provide critical pedestrian access for all users to Olympic Medical Center, Olympic Discovery Trail, Francis Street Park, Veterans Center, YMCA and Erickson Playfield. Bids were opened on December 13, 2021. Three bids were received with Simmons & Sons of Montesano, WA as the lowest responsible bidder with a bid amount of $321,750.00, including all applicable taxes. The project was inspected by City Staff and determined substantially completed on June 06, 2022 with all punch list items completed on January 24, 2024. Based on public input, a Change Order was executed to provide improved pedestrian access to the Olympic Medical Center. A second Change Order was executed to install and connect a catch basin to receive storm water runoff in the 4th/5th Street alley. Funding Overview: Project Cost Summary Original Contract Amount Change Orders (2) Unit Quantity Variations Final Cost Project Cost Variance $321,750.00 $56,685.00 ($8,108.00) $370,327.00 +15.10% Summary: The purpose of this memo is to obtain City Council final acceptance for the work performed on the Francis Street ADA Improvement project by Simmons & Sons of Montesano, WA. The work was inspected and accepted as complete with the final project costs amounting to $370,327.00 including taxes. Retainage of 5% was withheld. Funding: The approved 2022-2027 Capital Facilities Plan included grant funding from the Washington State Transportation Improvement Board (TIB) in the amount of $300,000.00. Additional funds were used from savings in the 2021 General Fund Budget in a one-time amount of $53,750.00 and $25,000.00 from account 312-7930-595-6510 TR0405 Alley Paving Revolving Fund. Recommendation: Accept the Francis Street ADA Improvement Project No. TR06-16 as complete, and authorize staff to proceed with project closeout, and release the retainage bond in the amount of $18,516.35 upon receipt of all required clearances. February 20, 2024 E - 32 City staff recommends City Council accept the Francis Street ADA Improvement, Project No. TR06-16 as complete, and authorize staff to proceed with project close out, and release the retainage upon receipt of required clearances. February 20, 2024 E - 33 Date: February 20, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Equipment Purchase – Replacement of Light Operations Division Equipment #148 Background / Analysis: The Light Operations Division forklift is 37 years old and has roughly 1,650 hours of operations. It is necessary to replace this equipment as it has reached the end of its dependable service life, safety and because of the increased age-related required mechanical maintenance. This equipment item is the only forklift available at the City Light Operations Center and is critical for the movement of equipment and supplies. This equipment will be replaced by a 2024 Hyster Electric Forklift; specifications are identical to the Equipment Services Division forklift that was purchased in 2021 which will aid in streamlining our parts inventory. The design of this equipment furthers the City’s efforts to streamline the fleet and meet the green fleet requirements contained in the City’s Climate Resiliency Plan. Funding Overview: This equipment purchase and replacement is identified in the 2024 budget (501- 7630-594-6410) through the approved 2024-2029 Equipment Services Capital Facilities Plan in the amount of $31,500. A budget amendment in the amount of $11,600.33 will be required to complete this purchase for an amount not-to-exceed $43,100.33, including taxes and accessories. Pricing from the Washington State Purchasing Cooperative contract is summarized below: Summary: Light Operations Equipment #148, a 1987 Caterpillar Forklift, is recommended for replacement in 2024, as it has reached the end of its useful service life. This forklift is utilized by Light Operations personnel in their daily operations. Through the City’s membership with the Washington State Purchasing Cooperative, participating vendor Pape Material Handling of Spokane, WA was selected from the cooperative vendors list, Contract No. 06115, for this recommended procurement. Funding: This equipment replacement is identified in the 2024 budget (501-7630-594-6410) through the approved 2024-2029 Equipment Services Capital Facilities Plan in the amount of $31,500. A budget amendment in the amount of $11,600.33 will be required to complete this purchase. Recommendation: 1. Approve the purchase of a new Light Operations Division forklift that is the functional equivalent of existing vehicle #148 from Pape Material Handling for an amount not-to-exceed $43,100.33, including tax and accessories. 2. Authorize the City Manager to approve and execute the final purchase documents and to complete the purchase and make minor changes as necessary. 3. Authorize the City Manager to surplus vehicle #148, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. February 20, 2024 E - 34 New Vehicle Type Vehicle Budget State Bid Accessories Replacing Vehicle 2024 Hyster Electric Forklift $31,500.00 $42,100.33 $1,000.00 #148, 1987 Caterpillar Forklift Budget Amendment $11,600.33 Total Cost $43,100.33 February 20, 2024 E - 35 Date: February 20, 2024 To: City Council From: Nathan A. West, City Manager Corey Delikat, Parks & Recreation Director Subject: Washington Department of Commerce Grant Acceptance- Senior Center HVAC Background / Analysis: The City of Port Angeles continues to work with TRANE Technologies, Inc. on the replacement of the HVAC system at the Port Angeles Senior Center, which will consist of solar panels and battery storage. This grant acceptance is from the Washington State Department of Commerce for $450,000 to install a 50.15 kW DC/50kW AC solar array and 120kW/200kWh battery energy storage at the Port Angeles Senior Center to provide heating and cooling in case of a power outage. City Council authorized and approved the entire project on December 5, 2023. At that time the City had not yet received the grant agreement from the State Department of Commerce. Now that the contract has been received staff is requesting Council approve the grant agreement and authorize all necessary signatures. Funding: The HVAC equipment purchase cost of $450,000 will be reimbursed by the Department of Commerce. Summary: The City of Port Angeles has received a preliminary grant award of $450,000.00 as a part of a Washington State Department of Commerce grant to install a 50.15 kW DC/50kW AC solar array and 120kW/200kWh battery energy storage at the Port Angeles Senior Center to provide heating and cooling in case of a power outage. Funding: The HVAC equipment purchase cost of $450,000 will be reimbursed by the Department of Commerce. Recommendation: 1.Approve a grant agreement with the Washington Department of Commerce for the purchase of the HVAC equipment for the Port Angeles Senior Center in the amount of $450,000.00. 2.Authorize the City Manager to sign and execute any grant agreements through Department of Commerce or Department or Department Enterprise Services as part of the Senior Center HVAC project and to make minor modifications as necessary. February 20, 2024 E - 36 Interagency Agreement with Port Angeles City Of through Solar Plus Storage for Resilient Communities Contract Number: 23-53701-203 For City of Port Angeles Senior Center - T2: Installation Dated: Friday, September 1, 2023 February 20, 2024 E - 37 ________________________________________________________________________________________________________ Page 2 of 25 Table of Contents TABLE OF CONTENTS .............................................................................................................................................. 2 FACE SHEET ............................................................................................................................................................ 4 PROGRAM SPECIFIC TERMS AND CONDITIONS ...................................................................................................... 5 1. SUBCONTRACTING (REPLACES GENERAL TERMS AND CONDITIONS #37) ....................................................... 5 2. TREATMENT OF ASSETS (REPLACES GENERAL TERMS AND CONDITIONS #43) ................................................ 5 3. SOLAR PLUS STORAGE FOR RESILIENT COMMUNITIES GRANT REQUIREMENTS ............................................. 5 4. REPORTING REQUIREMENTS ........................................................................................................................... 5 5. UNILATERAL AMENDMENT ............................................................................................................................. 6 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 7 1. AUTHORITY ...................................................................................................................................................... 7 2. CONTRACT MANAGEMENT ............................................................................................................................. 7 3. COMPENSATION .............................................................................................................................................. 7 4. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 7 5. SUBCONTRACTOR DATA COLLECTION ............................................................................................................. 8 6. HISTORICAL OR CULTURAL ARTIFACTS ............................................................................................................ 8 7. INSURANCE ...................................................................................................................................................... 9 8. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 9 9. ORDER OF PRECEDENCE .................................................................................................................................. 9 GENERAL TERMS AND CONDITIONS ..................................................................................................................... 10 1. DEFINITIONS .................................................................................................................................................. 10 2. ALLOWABLE COSTS ........................................................................................................................................ 10 3. ALL WRITINGS CONTAINED HEREIN ............................................................................................................... 10 4. AMENDMENTS .............................................................................................................................................. 10 5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 ............................................................................................................................................................. 10 6. APPROVAL ..................................................................................................................................................... 11 7. ASSIGNMENT ................................................................................................................................................. 11 8. ATTORNEYS’ FEES .......................................................................................................................................... 11 9. CODE REQUIREMENTS ................................................................................................................................... 11 10. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ......................................................................... 11 11. CONFORMANCE ............................................................................................................................................ 11 12. CONFLICT OF INTEREST .................................................................................................................................. 12 13. COPYRIGHT .................................................................................................................................................... 12 14. DISALLOWED COSTS ...................................................................................................................................... 12 15. DISPUTES ....................................................................................................................................................... 13 16. DUPLICATE PAYMENT .................................................................................................................................... 13 17. GOVERNING LAW AND VENUE ...................................................................................................................... 13 18. INDEMNIFICATION ........................................................................................................................................ 13 19. INDEPENDENT CAPACITY OF THE CONTRACTOR ........................................................................................... 13 20. INDUSTRIAL INSURANCE COVERAGE ............................................................................................................. 13 21. LAWS ............................................................................................................................................................. 13 22. LICENSING, ACCREDITATION AND REGISTRATION ......................................................................................... 13 23. LIMITATION OF AUTHORITY .......................................................................................................................... 13 February 20, 2024 E - 38 ________________________________________________________________________________________________________ Page 3 of 25 24. LOCAL PUBLIC TRANSPORTATION COORDINATION ....................................................................................... 14 25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ................................................................................. 14 26. PAY EQUITY .................................................................................................................................................... 14 27. POLITICAL ACTIVITIES .................................................................................................................................... 14 28. PREVAILING WAGE LAW ................................................................................................................................ 14 29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION ................................................................... 15 30. PUBLICITY ...................................................................................................................................................... 15 31. RECAPTURE.................................................................................................................................................... 15 32. RECORDS MAINTENANCE .............................................................................................................................. 15 33. REGISTRATION WITH DEPARTMENT OF REVENUE......................................................................................... 15 34. RIGHT OF INSPECTION ................................................................................................................................... 15 35. SAVINGS ........................................................................................................................................................ 15 36. SEVERABILITY ................................................................................................................................................. 16 37. SUBCONTRACTING (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #1) ................................. 16 38. SURVIVAL ....................................................................................................................................................... 16 39. TAXES ............................................................................................................................................................. 16 40. TERMINATION FOR CAUSE............................................................................................................................. 16 41. TERMINATION FOR CONVENIENCE ................................................................................................................ 17 42. TERMINATION PROCEDURES ......................................................................................................................... 17 43. TREATMENT OF ASSETS (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #2) ......................... 18 44. WAIVER ......................................................................................................................................................... 18 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 19 ATTACHMENT B: BUDGET .................................................................................................................................... 21 ATTACHMENT C: PROVISO ................................................................................................................................... 22 February 20, 2024 E - 39 ________________________________________________________________________________________________________ Page 4 of 25 Face Sheet Contract Number: 23-53701-203 Energy Division | Energy Programs in Communities Unit Solar Plus Storage for Resilient Communities Program 1. Contractor 2. Contractor Doing Business As (as applicable) Port Angeles City Of 321 E 5TH ST PORT ANGELES, WA 98362-0217 N/A 3. Contractor Representative 4. COMMERCE Representative Corey Delikat Project Manager (360) 417-4551 cdelikat@cityofpa.us Aidan Garrity Program Manager 360-725-5078 solar@commerce.wa.gov P.O. Box 42525 1011 Plum St Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $450,000 Federal: State: X Other: N/A: 09/01/2023 06/30/2024 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # XXXXXXXXXXXXXX SWV0007712-00 054001519 N/A 14. Contract Purpose To install a 50.15 kW DC / 50 kW AC solar array and a 120 kW / 200 kWh battery energy storage at the City of Port Angeles Senior Center to provide heating and cooling in case of a power outage. COMMERCE, defined as the Department of Commerce, and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget, Attachment “C” – Proviso FOR CONTRACTOR FOR COMMERCE Nathan West, City Manager Date Michael Furze, Assistant Director, Energy Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE February 20, 2024 E - 40 ________________________________________________________________________________________________________ Page 5 of 25 Program Specific Terms and Conditions As identified herein, notwithstanding General Terms and Conditions Sections, the following Program Specific Terms and Conditions take precedence over any similarly referenced Special or General Terms and Conditions: 1. SUBCONTRACTING (REPLACES GENERAL TERMS AND CONDITIONS #37) The Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Agreement; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Agreement. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Agreement. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 2. TREATMENT OF ASSETS (REPLACES GENERAL TERMS AND CONDITIONS #43) The parties do not anticipate that Commerce will furnish property (other than the state funds granted herein) to Grantee for use in Grantee’s performance under this Agreement; provided, however, that title to any other property that may be so furnished by Commerce shall remain in Commerce. Commerce claims no ownership for the materials, goods, or services purchased by the Grantee for the completion of this Agreement, regardless of reimbursement status under this agreement. A. Any property of Commerce furnished to the Grantee shall, unless otherwise provided herein or approved by Commerce, be used only for the performance of this agreement. B. The Grantee shall be responsible for any loss or damage to property of Commerce that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any Commerce property is lost, destroyed or damaged, the Grantee shall immediately notify Commerce and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to Commerce all property of Commerce prior to settlement upon completion, termination or cancellation of this agreement All reference to the Grantee under this clause shall also include Grantee’s employees, agents or subcontractors. 3. SOLAR PLUS STORAGE FOR RESILIENT COMMUNITIES GRANT REQUIREMENTS Grantee agrees to comply with the requirements and follow the guidelines as outlined in the Request for Applications dated March 2023 (the “RFA”), incorporated by this reference as if fully set forth herein. In the event of conflict between the RFA and the agreement, the Agreement prevails. 4. REPORTING REQUIREMENTS During the construction phase of the Scope of Work, the Grantee must provide quarterly written reports to Commerce for project update purposes. Quarterly reports are due no later than 15 days after the end of each quarter for the quarter to be reported. The report form will be provided by Commerce. The intent is to collect a description of the project activity that occurred during the period, including but not limited to: February 20, 2024 E - 41 ________________________________________________________________________________________________________ Page 6 of 25 a. A narrative summarizing project activities, risks and issues mitigated, and lessons learned; b. The project milestones met to date and anticipated in the subsequent quarter; c. Any additional metrics required from the capital budget proviso, legislature, governor’s office, or Commerce; d. Quarterly updated budget projections for project expenditures; e. The grant expenditures to date and anticipated in the next quarter. 5. UNILATERAL AMENDMENT Commerce may, at any time, by written notification to the Contractor, unilaterally amend the scope of work to be performed under this Contract, the period of performance, and/or the contract amount and budget. These unilateral changes shall be effective as set forth in the amendment or upon signature by Commerce, if no date has been set forth. The Contractor will be deemed to have accepted any such unilateral amendment unless, within fifteen (15) calendar days after the date the amendment is signed by Commerce, the Contractor notifies Commerce in writing of its non-acceptance of such unilateral change. The Contractor and Commerce will then use good faith efforts to negotiate an amendment acceptable to both parties. Failure to reach agreement shall constitute a dispute concerning a question of fact within the meaning of the Disputes provision contained in this Contract. However, nothing in this provision shall excuse the Contractor from proceeding with the Contract as amended. Contractor must continue to provide the contracted services, including any unilaterally amended services, during any period of non- acceptance or negotiation of a unilateral amendment. February 20, 2024 E - 42 ________________________________________________________________________________________________________ Page 7 of 25 Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $450,000 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. Contractor's compensation for services rendered shall be based on the schedule set forth in Attachment B: Budget. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE via the Commerce Contracts Management System. If required, the attachments to the invoice request in the Commerce Contracts Management System shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include t he Contract Number 23-53701-203. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. February 20, 2024 E - 43 ________________________________________________________________________________________________________ Page 8 of 25 Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 6. HISTORICAL OR CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall complete the requirements of Governor’s Executive Order 21-02, where applicable, or Contractor shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s Executive Order 21-02 coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation (“DAHP”), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permit. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 21-02. In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Historic Preservation Act. February 20, 2024 E - 44 ________________________________________________________________________________________________________ Page 9 of 25 7. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 8. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Attachment C – Proviso • Program Specific Terms and Conditions • Special Terms and Conditions • General Terms and Conditions • Attachment A – Scope of Work • Attachment B – Budget February 20, 2024 E - 45 ________________________________________________________________________________________________________ Page 10 of 25 General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Washington Department of Commerce. C. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addres ses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. “State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 3. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. February 20, 2024 E - 46 ________________________________________________________________________________________________________ Page 11 of 25 6. APPROVAL This contract shall be subject to the written approval of COMMERCE’s Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 7. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 8. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys’ fees and costs. 9. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 10. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFORMANCE If any provision of this contract 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. February 20, 2024 E - 47 ________________________________________________________________________________________________________ Page 12 of 25 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the Contractor in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Contractor and their subcontractor(s) must identify any person employed in any capacity by the state of Washi ngton that worked with the COMMERCE program executing this Contract, including but not limited to formulating or drafting the legislation, participating in procurement planning and execution, awarding contracts, and monitoring contract, during the 24-month period preceding the start date of this Contract. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by Commerce that a conflict of interest exists, the Contractor may be disqualified from further consideration for the award of a Contract. In the event this contract is terminated as provided above, Commerce shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The rights and remedies of Commerce provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which Commerce makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract. 13. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Mate rials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the ri ght to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to other s) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. February 20, 2024 E - 48 ________________________________________________________________________________________________________ Page 13 of 25 15. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 16. DUPLICATE PAYMENT Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 17. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 18. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 19. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 20. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect fr om the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Contractor. 21. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 22. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 23. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. February 20, 2024 E - 49 ________________________________________________________________________________________________________ Page 14 of 25 24. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor’s non -compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this contract. 26. PAY EQUITY The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: A. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determ inative of whether employees are similarly employed; B. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: i. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. ii. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. iii. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by the Department, if the Department or the Department of Enterprise Services determines that the Contractor is not in compliance with this provision. 27. POLITICAL ACTIVITIES Political activity of Contractor’s employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 28. PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall February 20, 2024 E - 50 ________________________________________________________________________________________________________ Page 15 of 25 maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE’s review upon request. 29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 30. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE’s name is mentioned, or language used from which the connection with the state of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 31. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 32. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 33. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 34. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor’s performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 35. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day February 20, 2024 E - 51 ________________________________________________________________________________________________________ Page 16 of 25 notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 36. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 37. SUBCONTRACTING (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #1) The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appr opriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 38. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 39. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 40. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. February 20, 2024 E - 52 ________________________________________________________________________________________________________ Page 17 of 25 The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 42. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an int erest. February 20, 2024 E - 53 ________________________________________________________________________________________________________ Page 18 of 25 43. TREATMENT OF ASSETS (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #2) Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 44. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. February 20, 2024 E - 54 ________________________________________________________________________________________________________ Page 19 of 25 Attachment A: Scope of Work Project Name: City of Port Angeles Senior Center Site Address: 328 E 7th St, Port Angeles, WA 98362 Serving electric utility: City of Port Angeles System Size Solar array size (kW DC): 50.15 Battery energy storage system power rating (kw): 120 Solar array size (kW AC): 50 Battery energy storage system energy capacity (kWh): 200 Mounting Type ☐ Ground ☒ Roof ☐ Canopy Major Components: List major equipment to be installed across all project sites. Quantity Make and Model Equipment 118 Hanwha QCell 425W Solar modules 1 SolarEdge 50 kW 3-phase Inverters for solar ??? SolarEdge ??? Module level power electronics 40 ESP-5K HL Batteries 2 Sol-Ark 30kW 208V Inverter for storage N/A IronRidge Racking Permits Required ☐ Electrical ☐ Building ☐ Land use ☐ SEPA ☐ NEPA ☐ Other (please specify): Click or tap here to enter text. February 20, 2024 E - 55 ________________________________________________________________________________________________________ Page 20 of 25 This project will purchase and install a solar photovoltaic array and battery energy storage system (BESS) at the project site(s) above. These systems will provide power to support critical needs for the community in the event of a power outage. The system will be designed to have a minimum lifetime of 13 years and the project owner will maintain the system and trained personnel to operate the system in the event of an outage during the equipment lifetime. If described in the original funding application, facilities will remain open to the public or vulnerable populations during outages for the life of the equipment. Exceptions to these conditions may be granted by Commerce in writing on a case-by-case basis. If the system is enrolled in a demand response, grid services, or similar program with a utility or other third party, the system must maintain resilience functions as described in the original funding application and Commerce must approve any related program agreements in writing. The scope of work includes: • Project Development and Design o Project development and design work to ensure project is ready for construction. Equipment must be compliant with IEEE Standard 1547 unless Commerce grants an exception in writing. o The solar system and BESS must meet all applicable industry standards and codes including, but not limited to: ▪ UL 1741 ▪ International Building Code ▪ International Fire Code ▪ National Electric Code o Community engagement, outreach and education as described in the application • Contracting and Permitting o Procure all equipment and subcontractors to complete project o Apply for and secure permits listed above, including any fees o Apply for utility interconnection and secure agreement, including any fees • Equipment Delivery, Installation and Construction o Complete site preparation and restoration activities related to mounting type as required to complete the project, including concrete pads, fencing and gravel or other surfacing as needed for safety, code requirements, access, or to prevent vandalism of th e equipment. Other landscaping work other than restoring the disturbed areas to pre-construction conditions is not included in this scope. o Provide and install electrical gear and feeders required to connect solar system and BESS to existing electrical service, including critical loads panels, transformer upgrades, and other necessary electrical changes identified in the original funding application. o Supply and install a solar array including equipment listed above o Supply and install BESS including equipment listed above o Install all equipment necessary to enable the solar system and BESS to safely operate independently of the electric grid in an outage o Any electrical and control system integration with other generators. Purchase and installation of generators other than the solar generator described above is not included in this scope o Procure and set up monitoring software o Pass inspections and pay associated fees o Any changes to the equipment listed above must be approved by Commerce in writing February 20, 2024 E - 56 ________________________________________________________________________________________________________ Page 21 of 25 • Systems Integration and Commissioning o Commission solar PV system and verify all system components are properly designed, installed and optimized o Test full functional system and confirm whole system operation follows design intent as described in application o Test control system that allows system to operate independently of the grid in an outage o Receive operations and maintenance (O&M) manual and complete training from subcontractor on equipment and controls • Measurement and Verification o Collect up to 1 year of information on performance of system and impact on community resilience o Report measurement and verification results o Communicate the project narrative with a Fact Sheet based on the Commerce-provided template and at least one other mode of story-telling February 20, 2024 E - 57 ________________________________________________________________________________________________________ Page 22 of 25 Attachment B: Budget Amount in FY25 contingent upon legislative approval, at which point contract will be amended to reflect new funding commitment. Mile stone Project Activity and Deliverable Deliverable Description Activity Period Percent of Grant Applicant Match Amount of Grant A Project Development and Design Mar 2024 (FY24) 12% $65,282.64 $60,000.00 Project schedule [only required if battery size is more than 1,000 kWh or grant amount is over $1,400,000] Up-to-date project schedule in Gantt chart format showing the interdependencies between design, procurement, delivery, installation and commissioning activities. Permitting strategy and risk assessment report [only required if seeking land use permit] Summary of installation permits anticipated for this project's scope and impacts. Identify all related projects within and adjacent to the project site also requiring permit approvals. Show the authorities having jurisdiction, engagement/application process and anticipated lead times along with approval(s) from the site host, project sponsors and financial partners. Confirm 60% system design review with letter and list of drawings Letter of confirmation that system design is 60% complete and sufficient for supporting major equipment procurement subcontracts, permit applications, and construction bids consistent with preliminary design. Include a list of supporting drawings that will be developed for the "For Construction" set as equipment and design details are available from suppliers. 30% design deliverable will be considered on a case-by-case basis. B Contracting and Permitting Jun 2024 (FY24) 20% $108,804.40 $100,000.00 February 20, 2024 E - 58 ________________________________________________________________________________________________________ Page 23 of 25 Procure major services needed for installation Subcontract award letter, subcontract summary and Notice to Proceed for each subcontractor. Include only project management costs associated with procuring subcontractor, not deposits or upfront payments to subcontractors. Request permits required by local Authorities Having Jurisdiction (AHJ) Copies of all requested permits according to requirements of local AHJs. Apply for utility interconnection Copy of interconnection application to serving utility. C Equipment Delivery Jun 2024 (FY24) 29% $157,766.38 $145,000.00 All major equipment and materials delivered Bill of Materials (BOM) or photos showing delivery of all major equipment from scope of work. Obtain factory quality control report for major equipment Report, data sheet, or specification sheet from equipment manufacturers that verifies all major equipment from scope of work meets its intended purpose and purchase specifications. D Equipment Installation and Construction Jun 2024 (FY24) 29% $157,766.38 $145,000.00 Secure permits Copies of all permits required by local AHJs. All equipment installed Photos showing all major equipment from scope of work installed. Inspections by AHJs passed Letter, document or email from AHJ reporting passed inspections. E Systems Integration and Commissioning Sep 2024 (FY25) 9% $48,961.98 $45,000.00 Complete system commissioning test report Commissioning checklist, diagram or map showing that all system components are properly designed, installed and optimized. Permission to operate and go live Document, letter, or email from utility confirming system is ready to operate. Energize system. February 20, 2024 E - 59 ________________________________________________________________________________________________________ Page 24 of 25 Operations and Maintenance (O&M) manual and owner training Subcontractor-provided O&M manual for system and document, letter, or email confirming subcontractor provided operation and maintenance training to system owner. Full functional system testing System Acceptance Test (SAT) report describing results of tested outage scenarios. Tests must confirm that whole system operation follows design intent and meets community building's requirements. F Measurement and Verification Measurement and Verification period may be extended to one year after system installation if Commerce funding is maintained. Jun 2025 (FY25) 1% $5,440.22 $5,000.00 Provide resilience and performance data to analytics team Collect information on performance of system and impact on community resilience Resilience report Summary of information demonstrating value, use, and impact of solar plus storage system over performance period. Story telling Complete Commerce-provided Fact Sheet and at least one other mode of project narrative communication. 100% $544,022.00 $500,000.00 FY24 subtotal: $450,000.00 FY25 subtotal: $50,000.00 Contingent grant amount: $500,000.00 February 20, 2024 E - 60 ________________________________________________________________________________________________________ Page 25 of 25 Attachment C: Proviso Engrossed Substitute Senate Bill 5693; Chapter 297, Laws of 2022 Supplemental Operating Budget Section 128, Subsection 227 (227) $37,000,000 of the general fund—state appropriation for fiscal year 2023 is provided solely for grants to increase solar deployment and installation of battery storage in community buildings to enhance grid resiliency and provide backup power for critical needs, such as plug load and refrigeration for medication, during outages. Eligible uses of the amounts provided in this subsection include, but are not limited to, planning and predevelopment work with vulnerable, highly impacted, and rural communit ies. For the purposes of this subsection "community buildings" means K-12 schools, community colleges, community centers, recreation centers, libraries, tribal buildings, government buildings, and other publicly owned infrastructure. February 20, 2024 E - 61 Date: February 20, 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. 2017 Action In 2017, Ordinance 3577 was passed amending Title 17 of the PAMC. This ordinance provided a definition for STRs for the first time in Port Angeles’ municipal history. It also listed STRs as an allowed use in the Residential Medium Density (RMD) zone, Residential High Density (RHD) zone, and in all of the City’s Commercial zones, except for the Commercial Office (CO) zone, where STRs require a Conditional Use Permit. 2020 Efforts In 2020, the City contracted with Madrona Law Group to examine the entirety of the City’s municipal code, except Titles 14, 16, and 17, for compliance with existing state and federal statutes to ensure proper management and enforcement of provisions such as code enforcement, fee structures, licenses, and general provisions; provide consistency and readability throughout; and reduce redundancy. This work did explore a potential STR licensing program, that could be incorporated in Title 5 PAMC, but ultimately no STR regulations were adopted at that time. Summary: The City is proposing platform-based regulations for short-term rentals and bed-and- breakfast operations, including a proposed fee structure, licensing requirements, 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 first reading of the ordinance, 2) Open the public hearing, 3)close the public hearing, 4) select a preferred option for final Council action on March 5, and 5)continue this matter to the March 5 Council meeting for second reading and adoption of the ordinance. February 20, 2024 F - 1 2023 Activities On June 6, 2023, the City Council adopted an ordinance establishing a limited moratorium on certain new STRs. The limited moratorium, which took effect June 16, 2023, and ended on December 16, 2023, did not ban all STRs within City limits. Instead, it prohibited the establishment of new STRs located within RMD and RHD zones. The limited moratorium did not impact: • Existing STRs that are compliant with current zoning requirements. • New STRs located in commercial zones. • The rental of rooms within a house where the owner resides. • Owners who rent out their homes while on vacation or where the entire housing unit is rented out for 30 days or less during the calendar year. On that same date, the City Council authorized staff to contract with GovOS, Inc. to support the regulation and licensing of STRs. A contract was signed on June 29, 2023. The steps identified for the process include: • Complete an inventory of STRs within City limits. This inventory will indicate which properties are allowed within the zoning designation, and generally how much estimated lodging tax is being generated. • Bring non-registered properties used as STRs into compliance. This includes a program to license existing and future STR operations in compliance with zoning designations. • Implement a combined licensing/fee submission portal and compliance program. 2024 Proposed Codes The City is proposing new platform-based regulations for STRs and B&Bs, including a proposed fee structure, licensing, and fire life-safety inspection program. The initial draft was drawn from jurisdictional best practices across the state including the cities of Bellingham, Gig Harbor, Port Townsend, Seattle, and Walla Walla; as well as significant feedback received from public comments over the past seven months. To that end, City staff have drafted separate regulatory approaches for STRs and B&B operations. • 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 PAMC. • Removes outdated references to STRs and B&Bs in Chapters 14, 15 and 17 PAMC. Specific to STRs, staff originally proposed five separate regulatory alternatives that would determine where and how potential STRs may operate based upon location, and a new defined STR typology of Type 1 and Type 2 STRs. The five alternatives were zoning based. Additionally, staff is recommending an annual regulatory licensing fee to offset the costs associated with the proposed changes including inspection costs, software for the licensing platform and compliance and licensing services that staff will provide. These license fees are in accordance with RCW 35.90.010 that allows additional license fees for classes of businesses that may need additional oversight or regulation. These fees are proposed to offset the administrative and actual cost of providing licensing services to STRs and B&Bs. These fees would be included in the Master Fee Schedule and are included as Exhibit D. Since the initial code was released for comment staff has reduced the cost of these fees by more than 60% and February 20, 2024 F - 2 have combined the license fee with the inspection fee to streamline the costs and services for STR and B&B owners. Outreach and Engagement The code amendments reflect a robust public outreach process. Staff provided public outreach for the draft code amendments in several different forms: • Public Outreach and Participation Plan. • Dedicated webpage for the update. • Public events and locations as listening posts. • Virtual survey. • Public workshop at the Port Angeles Senior and Community Center. Environmental Review This project was reviewed under the Washington State Environmental Policy Act (SEPA) threshold determination rules, requirements, and procedures. A Determination of Non-significance (DNS) was adopted on December 19, 2023, for this action. In accordance with Washington Administrative Code (WAC) 197-11-340 a 14-day appeal period began on the date of the determination and ended on January 4, 2024. The SEPA checklist and environmental documents are on file at the City of Port Angeles Department of Community and Economic Development (CED) Planning Division and are available upon request. Consistency, Findings of Fact, and Staff Analysis In preparation and submission of the code amendments, City staff has demonstrated that all standards and requirements are met in accordance with the City’s Comprehensive Plan and the PAMC. Analysis and findings of fact from CED staff were based on the application materials, PAMC, standards, plans, public comment, and other relevant materials available during the review period. Public Comment CED staff has been collecting written and oral public comment for this proposal since the limited moratorium was approved by the City Council on June 6, 2023. The comment period for the SEPA Checklist was 14 days in duration and closed on January 4, 2024. In addition to the SEPA comment period, public input and comments were received at two listening posts at the Port Angeles Winter Ice Village and Farmers Market in December and January of 2023-24, a January workshop at the Senior and Community Center, and a digital community survey. The CED Public Comment Matrix enumerates the body of public comment received during the public comment period and hearing with both written and oral testimony. The document also includes staff responses. Planning Commission Public Hearing The Planning Commission conducted a review of the CED staff report, application, public comments, and the testimony during the open record public hearing on January 24, 2024. At that time, the Planning Commission provided the following recommendation to the City Council: 1. Amend the existing ordinance in such a manner that supports enforcement of the 2017 Port Angeles Municipal Code and provides a time-limited exception option for existing nonconforming short-term rentals; and 2. Pursue platform-based enforcement; and 3. Pursue a comprehensive assessment of an ideal short-term rental process in the City of Port Angeles. February 20, 2024 F - 3 Updates to Original Proposal Based on input from the public hearing, comments received, and Planning Commission feedback, below is a summary of changes that have been made to the original proposal. Fee Schedule: • Adds annual Platform Business License • Eliminates ongoing Platform fees • Reduces operator fee amounts by over 60% • Combines annual licenses and inspections into a single application/fee • Authorizes the CED Director to issue licenses for less than 12 months, provided the fee amount for an abbreviated license is prorated accordingly New Reports: • 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 and blighted properties. • Multi-Year Licenses After five years of STR licensing, the Directors of Finance and Community and Economic Development will report to the Council on the results of the overall STR licensing program and whether or not migrating to a multi-year STR license is warranted/recommended. Zoning, Allowance, and Use Requirements: • Five STR zone-based alternatives are narrowed down to three, Option A, Option B, or Option C, as summarized here. 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 Alt 3 Status Quo 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, New Blighted Property Restoration Option, New 1:1 Long-Term Rental Option 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 Alt 1 Unlimited No Limitation No Limitation No Limitation* No Limitation* • Based on Alternative 1, Adding a Citywide Cap*: • 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 February 20, 2024 F - 4 Staff Recommendation: Option C 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 Alt 3 Status Quo No Limitation No Limitation No Limitation* 0 0 0 No Limitation* No Limitation* • Based on Alternative 3, 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 Nonconforming: • This section is only applicable if Option A is adopted by Council • Three options for continued nonconforming operations are provided: o (Modified) Prior Operations: The STR must have been in operation for at least 90 days in each of the last three consecutive years; or o (New) Blighted Property Restoration: The STR 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; or o (New) 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 the effective date of this ordinance, 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. Other Modifications: • Adds the definition of Blighted Property • Eliminates third party inspections • Changes the 90-day threshold for Type 1 and Type 2 STRs to 30 days • Changes the Platform reporting period from quarterly to annually • Adds fire extinguisher requirements • Clarifies that inspections are only directly related to fire life-safety items • Clarifies egress needs • Adds that STR and B&B operators must use only licensed Platforms • Adds that boats, tents, yurts, and RVs may not be used as STRs • Clarifies that STR licenses may not be transferred to different LLCs • Clarifies that Site and Floor Plans may be hand-drawn by the owner or authorized representative • Consolidates and streamlines STR and B&B definitions into Chapter 17 PAMC • Reorganizes, streamlines, and removes duplicative enforcement provisions, instead cross referencing 2.90 PAMC February 20, 2024 F - 5 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 – Draft Planning Commission Minutes February 20, 2024 F - 6 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, 15.15.020, 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. February 20, 2024 F - 7 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. February 20, 2024 F - 8 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. Section 16. City staff is directed to prepare and deliver the following reports: February 20, 2024 F - 9 4 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. B. Multi-Year Licenses After five years of short-term lodging licensing, the Directors of Finance and Community and Economic Development will report to the Council on the results of the overall licensing program and whether or not migrating to a multi-year short-term lodging licensing program is warranted/recommended. 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. February 20, 2024 F - 10 5 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 ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk February 20, 2024 F - 11 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 February 20, 2024 F - 12 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 an annual fire life-safety inspection of the rental, and pay the inspection and review fees outlined in the Port Angeles Master Fee Schedule. 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 February 20, 2024 F - 13 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 an annual 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 nonconforming 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: Staff Recommendation: Option A (if selected, strike Option B and C) 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 Nonconforming short-term rentals per PAMC 17.23.080 Residential, Mixed Density (R7) P(L) No Limitation No N/A E(PL) Residential, Low Density (R9) P(L) No Limitation No N/A E(PL) February 20, 2024 F - 14 4 Residential, Low Density (R11) P(L) No Limitation No N/A E(PL) Residential, Medium Density (RMD) P(L) No Limitation P(L) No Limitation E(PL) Residential, High Density (RHD) P(L) No Limitation P(L) No Limitation E(PL) Commercial Office (CO) P(L) No Limitation P(L) No Limitation E(PL) Commercial Neighborhood (CN) P(L) No Limitation P(L) No Limitation E(PL) Community Shopping District (CSD) P(L) No Limitation P(L) No Limitation E(PL) Commercial Arterial (CA) P(L) No Limitation P(L) No Limitation E(PL) Central Business District (CBD) P(L) No Limitation P(L) No Limitation E(PL) Commercial Regional (CR) P(L) No Limitation P(L) No Limitation E(PL) Mixed Commercial Overlay (MCO) P(L) No Limitation P(L) No Limitation E(PL) Industrial Light (IL) No N/A No N/A No Industrial Heavy (IH) No N/A No N/A No Industrial Park (IP) No N/A No N/A No Industrial Marine (IM) No N/A No N/A No Public Building – Park *New STRs may be allowed per No N/A No N/A E(PL) February 20, 2024 F - 15 5 underlying zoning only, see above Table 17.23.060 -1: Staff Recommendation: Option B (if selected, strike Option A and C) 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 All commercial and residential zones. P(L) No Limitation P(L) Citywide Cap of 250 Annual Short- Term Rental Business Licenses, or 3% of Total Single Household Dwellings/Duplex Units (whichever is greater). Once the cap is reached the Director 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. Table 17.23.060 -1: Staff Recommendation: Option C (if selected, strike Option A and B) 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 N/A Residential, Low Density (R9) P(L) No Limitation No N/A Residential, Low Density (R11) P(L) No Limitation No N/A Residential, Medium Density (RMD) P(L) No Limitation P(L) No Limitation* February 20, 2024 F - 16 6 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 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. 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. February 20, 2024 F - 17 7 C. 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. D. 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. E. Events by guests are not allowed at any short-term rental. F. 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. G. 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.) H. All short-term rental owners must arrange for regular municipal garbage collection. I. 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. J. 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. K. All short-term rentals must comply with the applicable federal, state, and local fire, building, and health codes. L. 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 another location or structure is not allowed. Any such changes identified in this code require a new license and payment of applicable fees. M. All short-term rentals must have a visible, legible address. 17.23.080 Nonconforming Short-Term Rentals. (If Council approves Option B or C, this section is stricken and void.) A. After July 1, 2024, some existing nonconforming short-term rentals may be permitted to continue, subject to the conditions set out below. B. To qualify as a nonconforming 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. February 20, 2024 F - 18 8 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, determined by the Director. a. Prior Operations: The short-term rental must have been in operation for at least 90 days in each of the last three consecutive years; or b. 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; or c. 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. 4. Pay to the City the short-term rental business license and inspection fee for the initial nonconforming review as noted in the Master Fee Schedule. 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. 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. 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. February 20, 2024 F - 19 9 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. 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. February 20, 2024 F - 20 10 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 in the zoning district. If there is no capacity for a short-term rental, the application will be denied and be offered a place on the waiting list. (Subject to Staff Recommendation: Option B) 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 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. 17.23.120 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. February 20, 2024 F - 21 11 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. 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. February 20, 2024 F - 22 12 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 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 February 20, 2024 F - 23 13 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. February 20, 2024 F - 24 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 February 20, 2024 F - 25 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 February 20, 2024 F - 26 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 February 20, 2024 F - 27 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. 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. February 20, 2024 F - 28 5 17.24.080 Nonconforming 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. February 20, 2024 F - 29 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 February 20, 2024 F - 30 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, February 20, 2024 F - 31 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 February 20, 2024 F - 32 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. February 20, 2024 F - 33 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 February 20, 2024 F - 34 2 short-term basis. Breakfast and/or light snacks are served to those renting rooms in the bed and breakfast. 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.” Event. A wedding, bachelor or bachelorette party, concert, sponsored event, large gathering, or any similar group activity. February 20, 2024 F - 35 3 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 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.” 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.” Nonconforming 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. February 20, 2024 F - 36 4 17.08.085 – “P.” 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.” 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 either (1) rooms are rented, and the owner is personally present at the dwelling during the rental period, or (2) the entire dwelling is rented for no more than 30 total days in a calendar year. Portions of calendar days shall be counted as whole days. 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, or any dwelling unit rented out more than 30 days per calendar year. 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. February 20, 2024 F - 37 5 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. 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 February 20, 2024 F - 38 6 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 February 20, 2024 F - 39 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 Annual Business License and Inspection1 $285.30 Type II Short-Term Rental Annual Business License and Inspection1 $475.50 Nonconforming 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 Annual 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 less than 12 months. The fee amount for an abbreviated license will be prorated accordingly. February 20, 2024 F - 40 Attachment 1 MINUTES PLANNING COMMISSION Hybrid Meeting – In Person and Virtual City Council Chambers: 321 E 5th Street, Port Angeles, Washington 98362 January 24, 2024, at 6:00 P.M. REGULAR MEETING CALL TO ORDER Chair Stanley opened the meeting at 6:01 P.M. ROLL CALL Commissioners Present: Benjamin Stanley (Chair) Richie Ahuja Tammy Dziadek Marolee Smith James Taylor Colin Young Commissioners Absent: None City Staff Present: Pat Bartholick (Senior Development Services Specialist) Shannen Cartmel (Deputy Director of Community Services) Calvin Goings (Deputy City Manager) Ethan Walker (Housing Administrator) Zach Trevino (Associate Planner) Public Commenters: Francisco Alvarez, Ashlyn Ameliani, Dan Anderson, Dan Beam, Charisse Bennett, Tom Butler, Gail Cripe, Laurel Cripe, Holly Decker, Alex Fermanis, Jason Fisher, Holden Fleming, Leslie Forsberg, Mike French, Dan Green, Jim Haguewood, Jim Halberg, Brian Heberling, Donnette Hope, Stanley Hope, D. Hutchins, Costan Ivga, Kelly Johnson, Carl Krauskoff, David Mattern, Greg Maust, Ellen Menshew, Lorrie Mittman, Matthew Moore, Steven Pelayo, Jake Purvis, John Ralston, Ron Richards, Andy Rowlson, Sarah, Carole Scholl, David Squires, Stacy, Peter Stedman, Stephanie, Caitlin Sullivan, Bruce Swenson, Karen Swenson, Shawna Turner, Joyce Underwood, Shawn Washburn, David Wegener, Tim Wheeler, Carolyn Wilcox, Justin Williamson, Chelsea Winfield, Marvin Witherow PUBLIC COMMENT Chair Stanley opened the meeting to general public comment. The following individual provided comment: February 20, 2024 F - 41 Planning Commission Minutes January 24, 2024 Page 2 • John Ralston explained that he submitted a development application to the City that had not been accepted and will follow up by submitting written comments pertaining to the situation. He is unhappy about having to pay an increased fee for the application. Chair Stanley closed the meeting to general public comment. APPROVAL OF MINUTES Commissioner Taylor noted that the draft minutes from the December 27, 202 3 regular meeting mention Chair Stanley’s discussion with staff about agenda topics. He requested information about what transpired at the meeting between staff and the Chair that other Commissioners did not attend. No changes to the minutes were proposed. MOTION: Commissioner Young moved to approve the minutes from the December 27, 2023 regular meeting of the Planning Commission. The motion was seconded by Commissioner Dziadek and passed unanimously (6-0) through a consent vote. PUBLIC HEARING 1. Short-Term Lodging – Title 17 Port Angeles Municipal Code Amendment Chair Stanley introduced the item by stating that the Commission was not given the opportunity to provide input in the process that led to the development of the draft short-term lodging (STL) regulations. Deputy City Manager Goings provided a comprehensive overview of the proposed municipal code amendment using a slide presentation. He explained the options that are being presented to the Commission and the public for consideration, noting that the staff report summarizes the proposal and detailing the public engagement that occurred prior to the hearing. He provided background of short-term rental (STR) regulations beginning with the 2017 adoption of a definition of “short-term rental” to the present. The presentation also included explanations of the proposal’s development process, data collection, community survey results, and anticipated next steps. The four months between the anticipated City Council decision in February and the licensing system’s launch date allows time for staff to carefully implement the process based on which alternative is chosen. At the end of the presentation, he explained the staff recommendations for the Commission’s consideration. Chair Stanley provided each Commissioner the opportunity to provide brief comments following Deputy City Manager Goings’ presentation. Each Commissioner provided a statement about the topic in response to the presentation. Chair Stanley opened the public hearing to comments at 6:45 PM and limited comment time to two minutes per individual. The following individuals provided comments: • Holden Fleming noted that the Commission’s bylaws allow for five minutes of public comment per person. He stated that he is a resident of the City and pointed out that 12% percent of survey respondents reported they were struggling to find adequate housing. He provided comments on the divergent survey results that demonstrate the February 20, 2024 F - 42 Planning Commission Minutes January 24, 2024 Page 3 need to make careful decisions. He noted that “strongly disagree” was a common response to each alternative in the survey. • David Squires is a local resident who owns an STR on Cherry Hill. He explained that City staff advised his realtor in 2017 that the City was planning to amend regulations to allow for more VRBOs. He explained that his STR was closed after receiving a cease-and-desist letter from the City. He stated that he is angry and believes all STR zoning regulations in the 2017 version of the PAMC are null and void. He urged the Commission to stop the punitive fees. • Brian Heberling expressed hope that the Commission does not simply regurgitate the 2017 PAMC regulations. He stated that staff misled residents by giving them permission to operate STRs in prior years and then going back on their word. • Costan Ivga grew up under communist rule and came to the United States of America thirty-five years ago. He emphasized that taking money from someone to give to others has never improved anyone’s lives. He related the idea that transferring wealth from some to others will not help the situation to the STR issue in the City. • Leslie Forsberg believes the City is on the wrong track with the proposed STR regulations. The focus has been taken off much more important issues. She claimed that the 2017 email from staff makes the current code null and void. STRs have nothing to do with affordable housing. The solution is dealing with the large numbers of dilapidated homes in the City. She also stated that STRs are a business and should pay the same fees as any other business. • Ron Richards explained that STRs affect the whole county. The procedure is flawed because the proposal should be considered by the City Council before a recommendation is made by the Commission. • Laurel Cripe handed the Commissioners a summary of the STL feedback that the city has received since June. She noted that 38% of feedback indicated a desire to put strict limits on STRs. • Caitlin Sullivan stated that the proposed alternatives are flawed. The 2017 regulations were unenforceable, and the proposed set of replacement regulations is too complex. The City should start with enforcement of the existing simpler code and explore other options than what is being considered. • Bruce Swensen urged the City to register all preexisting STRs and all newly established STRs, establish a reasonable licensing program, and allow transfer of existing STR licenses. He stated that the City should not require any inspections of STRs because insurance companies will require inspections if they deem it appropriate and necessary. He also encouraged the City not to require a site plan for STR uses. • Karen Swensen operates an Airbnb and feels that STRs should be allowed. She explained that STRs provide a unique experience in the neighborhood distinct from hotels. She is pleased to pay lodging and occupancy taxes and noted that the City is dependent on tourism now more than ever. Chair Stanley called a break beginning at 7:10 PM. The break ended at 7:16 PM and the hearing resumed. February 20, 2024 F - 43 Planning Commission Minutes January 24, 2024 Page 4 • Chelsea Winfield has been a resident of the City for 30 years and owns a company. She states that she was told she could start an STR. She explained that the proposed fees are outrageous, and the community has felt intimidated by the City Council. • Matthew Moore is a City resident and stated that there is a mention of STRs having an impact on renters but was disappointed by a lack of analysis in the proposal. He stated that there appears to be a bias toward the property owner class. Renters have a difficult time finding housing. Workers are not a commodity, and the Commission should consider how the policies will impact non-owners and their access to permanent housing in Port Angeles. • Holly Decker is a City resident who purchased a home in Port Angeles but was relocated to the east coast on a work assignment. She wants to know what success looks like and how metrics are being used to evaluate success. She wants to know how the City is thinking about the big picture in relation to the tourism econ omy rather than reacting. • Andy Rowlson owns a rental home in the City of Bellingham and explained that Bellingham has a licensing program and inspection system that causes 100% of the homes to be inspected every three years. Doing a $500 safety inspection each year on a home is excessive. He explained that STRs are good for the housing stock by causing dilapidated residences to be purchased, fixed up, and then used. • Tim Wheeler lives near Sequim and stated that the County is affected by the STL issue. The homelessness and affordable housing situations are affected by STRs. STRs drive up home prices. Elderly people are living in their cars because they cannot find housing. Olympic Medical Center employees are not able to find housing in the City that is affordable to them. Teachers and other professionals are in the same position. STRs must be regulated if they cause a negative effect on the availability of affordable housing. • Ellen Menshew lives in Clallam County and has seen a lot of transition in the City over time. She is far more concerned about making housing available for those who live in our community than facilitating tourism. She checked with the school district and there are 144 unhoused students in the Port Angeles School District. The City cannot allow students to be unhoused. If a fraction of STRs were put back on the market, they could be affordable to people who want to move here. • Dan Anderson operates an STR in the R7 zone. He is hopeful that there will be an opportunity for him to achieve compliance. He noted that preventing houses valued around $500,000 from being used as STRs will not help people who have housing challenges. He stated that many people knowingly break the law because it is unenforced. Hospitality and tourism are important to a community because they result in wages. He expressed support for some derivation of Alternative #1. • Steven Pelayo explained that the City indicated to people that they could operate STRs and never enforced the 2017 code. He expressed agreement with Commissioner Ahuja that data is important when considering STR regulations. He stated that tourism has replaced the loss of mills and other industry in the City’s economy. He expressed February 20, 2024 F - 44 Planning Commission Minutes January 24, 2024 Page 5 agreement with Commissioner Young that lodging is crucial for economic growth. Sequim is ahead of Port Angeles in many ways, including in the matter of STLs. • Gail Cripe stated that staff assigned itself the role of drafting code and enforcing the code through inspections. She noted that the survey was only about the five proposed alternatives and did not offer the chance for freeform comments. The survey responses constitute a nonrandom self-selecting sample of Port Angeles residents. • Donnette Hope moved to Port Angeles almost 30 years ago, started working for the school district, and has watched economic drivers in this town disappear. She explained that limiting tourism in the City is not going to help anyone. The same people who cannot afford housing now would not be able to afford housing once STR units become available on the real estate market. She stated that the City does not lack housing, but lacks affordable housing. • Stanley Hope is a City resident who operates an STR that would need to be rented for approximately $2500 a month for him to break even financially as a long -term rental owner. Charging more would need to be a part of any long-term rental situation. If his house were sold it would be priced at $500,000. He noted that the City’s infrastructure is strained, which poses a challenge to developing more housing. He mentioned that buying an apartment complex and turning it into an STR would be an investment opportunity. • Jake Purvis lives just outside of the City and repaired several blighted properties in the R7 zone. He was told by staff that he can operate a by -appointment only rental business. He believes STRs should be permitted in all zones. He proposes a low-cost permit system. Many people operating STRs already possess a business license from the Washington State Department of Revenue. He stated that it may be necessary to reconsider the 2017 code and suggested a simplistic framework incorporating a business license fee for STRs consistent with what is required for other businesses. • Kelly Johnson is a local realtor and explained that short-term rentals are not the reason that the city has no affordable housing. She states that record low interest rates were the most significant factor in the market frenzy in 2019. She explained that people purchasing STRs have turned blighted properties into beautiful homes to the delight of their neighbors. • David Mattern believes the Planning Commission should have the opportunity to help in the drafting the STL regulations. There are some instances where senior citizens depend on an STR income, so he proposes an amnesty program allowing those people to stay in their homes and use them as STRs. He raised the example of Chelan County as a jurisdiction with a program that allows money to stay in the community . • Charisse Bennett stated that she operates an STR in a commercial zone. She suggested ending the conditional use permit (CUP) requirement for STRs in the CO zone because it is redundant to require a CUP in addition to the licensing. • Carol Scholl identified herself as one of the only people present who does not run an STR or bed and breakfast. She sees the impact of unregulated STRs on neighborhoods. It is difficult to have community when people are constantly renting out homes. Many small towns cannot keep employees because housing costs are so high. She raised the February 20, 2024 F - 45 Planning Commission Minutes January 24, 2024 Page 6 example of Sedona and noted that many cities are dealing with the STR problem. She agrees that 2017 code is a mess because it was never enforced. She wants to hear from more homeowners who do not operate STRs. • Mike French thanked Planning Commission, City Council, and staff for their service. Port Angeles is the most innovative small town in the state. He believes that the City has not been hearing from tourism policy professionals because the professionals say that the need for cities like Port Angeles is to enable service industry workers to afford housing. Housing shortages are created in part by an excess of tourism. Sustainable tourism is the goal, not more tourism. He noted that STR guests are less likely to eat at local restaurants because they have a kitchen. • Sarah explained that she owned a business for 43 years and advocated for STRs as a way for self-employed people to supplement their income. She noted that STLs incentivize property owners to keep buildings maintained. She disagrees with those who say that STLs are not a viable part of the Port Angeles community. • Carl Krauskoff is a full-time multi-family developer in Washington who owns property in the City. He has spent money on local contractors in the City and has had more than 34 families stay in the STR he operates. He advocated for 506(c)s, expressed support for STRs, and stated that he would love to see the code more thoughtfully put together. • Jason Fisher lives in Cherry Hill. He described the neighborhood, stating that next door to his mother’s house was a party house that created lower property values. Another neighbor is an STR that has helped improve the neighborhood . He noted that people have invested money in their neighborhood through STRs. • Tom Butler lives just outside the City but has been here for 30 years. He tried to operate as a STR in another town and the neighbors begged him to stop because of the noise, so he stopped. He believes the government’s responsibility is to provide for the residents of the community, so the City should let STR owners operate and focus on the majority of property owners instead. He is an investor and explained that money is not circulating in the community when investors own properties. • Dan Green claimed that the talk about affordable housing is a joke. He stated that what is not being addressed is the issue of those who operate STRs and live on the property. He is a registered nurse and retired from Olympic Medical Center. He was diagnosed with prostate cancer and his family has operated an STR since 2020. Since 2020, they have been super hosts and seven months out of the year they are renting to doctors, nurses, and other professionals. • Jim Halberg is a business owner and City resident. He explained that the STL situation does not need to be so difficult. The key issue is affordable housing and there has not been a huge effect on affordable housing by STRs. Palm Springs had to shut things down because they had a large volume of STRs. A simplified plan involving registration and platform compliance is needed so the STR situation does not get out of control. He noted that he operates an STR that happens to be legal. • Greg Maust explained that housing is for living in, not making profit and money. He noted that sustainable affordable housing is not even close to being realized. Travelling February 20, 2024 F - 46 Planning Commission Minutes January 24, 2024 Page 7 employees are bankrupting Olympic Medical Center because they cannot hire full-time employees. He noted that the second homeowner class is well-represented. He reiterated that residences are primarily intended to be lived in. • Shawna Turner stated that a lack of cost-benefit analysis in staff’s presentation is a flaw. She believes the whole STL proposal should be scrapped and made part of the Comprehensive Plan. She noted that an STR is not defined clearly in the draft code. She is confused as to why the City allows ADUs in an attempt to increase affordable housing stock but then allows them to be used as STRs. • Carolyn Wilcox stated that the discussion has been robust and has been more balanced at this meeting. In December when attending a City Council meeting, she only heard from those with a financial interest in this issue. She stated that the disruption began with the founding of Airbnb in 2008 and that the technology companies are unregulated. The City needs to determine who housing is intended to be for. In Irvine California, the long-term rental market decreased in cost after their STR ordinance was passed. She explained that using a program named Host Compliance could help the City enforce the STL code. • Jim Haguewood is a resident of the City and clarified that he is not operating an STR. He recommends allowing residential rentals of 30 days or less in all zones in the City. The STR situation presents an unprecedented disruption to the community. The evidence shows that $8 million in economic value will be lost with the proposed regulations. A new ordinance should clean up the compliance issue and allow time for a more constructive discussion. • Ashlyn Ameliani is a City resident who operates an owner-occupied STR but received a cease-and-desist letter. She looked into renting to long-term tenants but received no interest for a maximum rental period of 90 days. She is not planning to turn her residence into a long-term rental and relied upon STR revenue for her retirement. She finds it frustrating that the community is going to tell her how her house should operate. • Lorrie Mittman is a City resident who operates an owner-occupied STR. She called the City in 2018 and asked about STR regulations. She was told that there were no regulations at that time but that there probably would be in the future. She appreciates that there is a pathway to compliance. She claimed that the City receives $300,000 a year from noncompliant STRs and accepted the money knowingly. She accused the City of hypocrisy for taking money from noncompliant STRs. She stated that long term rentals are being used to make money too, but she will not rent her residence on a long- term basis. • John Ralston is a City resident who does not own STRs. He attended the 2017 meetings and mentioned that staff would have problems at that time. He states that the city has provided incomplete information and the GovOS data should be fully released. The City should state that the number of dwelling units is an estimate and that tax revenue generated by STRs is closer to $400,000. The City should clearly state what GovOS is going to be charging. He also mentioned that the survey should have included a narrative explaining the rationale for the proposed alternatives. February 20, 2024 F - 47 Planning Commission Minutes January 24, 2024 Page 8 • Stacy is a City resident who lives in a mixed density neighborhood. She stated that affordable housing is not the issue. STRs bring drug use, noise, and other disruptions. She explained that nurses cannot find housing in the City of Port Angeles. • Marvin Witherow cannot believe that regulations are going to be placed on his home. The people who would need to rent would not rent his house. He believes the owner of a property should be able to do what they want with their own property. • Shawn Washburn is a local real estate agent and lifelong resident of the City. He explained that the issue at hand is much larger than STRs. Homes are being transformed into offices and they can no longer be used as a residence. He asked where the City would be if the energy put toward STL regulations had been put into working on the blighted homes and utility issues in the City. • Justin Williamson stated that STRs are not the reason people come out to the Olympic Peninsula. The natural resources are the reason people come to the Peninsula. • Stephanie is a new resident who works as an RN at Olympic Medical Center. She is familiar with the trouble that local healthcare professionals face in finding housing. She is a noncompliant STR operator in the City. She wants everyone else to be economically sound. She noted that STRs are not automatically going to be transitioned into long-term rentals if STRs are limited. STR owners should not have choice taken away from them. Chair Stanley closed the public hearing to comments at 8:55 PM. He clarified that the function of the Planning Commission is help focus the City Council by making a recommendation. Detailed discussion by the Commission followed the public comment period. Staff answered questions from the Commissioners about the proposal. Several motions were made, as follows: • Commissioner Taylor suggested a motion to recommend that no fines be imposed upon any STRs operating before fiscal year 2025. Commissioner Smith proposed amending the motion to recommend no fines for STL operations based on the 2017 Port Angeles Municipal Code requirements. Commissioner Taylor expressed agreement with this amendment and moved to recommend that the City Council adopt a suspension of fines associated with violations of the STL regulations in the 2017 Port Angeles Municipal Code. Further discussion and refinement of the motion’s language ensued. Commissioner Smith moved that the Planning Commission recommends that the City Council pass an ordinance to amend the 2017 ordinance to allow STRs in all zones of the City. Commissioner Taylor seconded the motion. The motion failed (5-1) through a roll call vote, with Commissioner Smith voting yes. • Commissioner Ahuja moved that the Planning Commission recommends that the City Council: February 20, 2024 F - 48 Planning Commission Minutes January 24, 2024 Page 9 o Amend the existing ordinance in such a manner that supports enforcement of the 2017 Port Angeles Municipal Code and provides a time -limited exception option for existing nonconforming short-term rentals; and o Pursue platform-based enforcement; and o Pursue a comprehensive assessment of an ideal short term rental process in the City of Port Angeles. Commissioner Young seconded the motion. The motion passed (5-1) through a roll call vote, with Commissioner Smith voting no. • Commissioner Smith moved to recommend that the Planning Commission become more proactive, explore government subsidized supportive housing to low- and middle-income residents, identify financial institutions that can help the City work better with builders in the community, and find vacant and abandoned properties that can be developed to devise an incentive program for promoting their development. Commissioner Taylor seconded the motion. After further discussion, Commissioner Smith withdrew the motion before a vote occurred. • Commissioner Taylor moved that the Planning Commission recommends that the City Council cap the registration fee for STR owners at $25. Commissioner Smith seconded the motion. The motion failed (4-2), with Commissioners Smith and Taylor voting yes. STAFF UPDATES City staff did not provide updates to the Commission. REPORTS FROM COMMISSION MEMBERS • Chair Stanley raised the issue of transparency, stating that the Commission had no input on the work plan for the Planning Commission going forward. • Commissioner Ahuja stated that he would like to have agenda topics decided upon through coordination with the Chair. Staff assured the Commission that staff will continue to work jointly with Commission Chairs to develop meeting agendas through a collaborative process. • Commissioner Ahuja stated that there is a lack of strategic alignment between the City Council and the Planning Commission. He recommends the establishment of an ad hoc standing committee to focus on strategic alignment between City bodies. • Commissioner Young noted that there was a joint City Council and Planning Commission meeting in June, which was insufficient to accommodate necessary discussion. He suggested holding a joint meeting at least twice a year. Chair Stanley expressed frustration with staff’s presentation at the joint meeting that occurred in June because it took up most of the meeting time. • Commissioner Smith believes that the Commissioner emails should be publicly available to facilitate open communication. February 20, 2024 F - 49 Planning Commission Minutes January 24, 2024 Page 10 ADJOURNMENT Chair Stanley moved to adjourn the meeting. Commissioner Smith seconded the motion. The motion passed unanimously (6-0) through a consent vote. The meeting was adjourned at 10:58 PM. Zach Trevino, Secretary Benjamin Stanley, Chair MINUTES PREPARED BY: Zach Trevino, Secretary February 20, 2024 F - 50 Date: February 20, 2024 To: City Council From: Nathan A. West, City Manager Subject: Peninsula Housing Authority Strategic Planning Background / Analysis: On February 2nd, City Council and staff received an email from Peninsula Housing Authority Executive Director Sarah Martinez. The email conveyed the Peninsula Housing Authority plans to undergo a strategic planning process and will be seeking feedback from stakeholders within the County during a meeting set for March 7th, 2024 from 2pm-3:30pm in the Clallam County EOC Meeting room, 223 E. 4th St. Port Angeles, in the basement of the County Courthouse. Staff recommends that Council discuss the appointment of up to three (3) members to attend. Manager West is also scheduled to attend. Funding Overview: N/A Summary: On February 2nd, City Council and staff received an email from Peninsula Housing Authority Executive Director Sarah Martinez. The email conveyed the Peninsula Housing Authority plans to undergo a strategic planning process and will be seeking feedback from stakeholders within the County during a meeting set for March 7th, 2024 from 2pm-3:30pm in the Clallam County EOC Meeting room, 223 E. 4th St. Port Angeles, in the basement of the County Courthouse. Funding: N/A Recommendation: Discuss the appointment of up to three (3) Council members to attend the Peninsula Housing Authority Stakeholder meeting and report back to Council. Date: February 20, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: East City Hall Parking Lot LID Retrofit Project #TR1215 – Construction Bid Award Background / Analysis: In 2015, City Staff submitted a grant application to the Department of Ecology to design a stormwater retrofit project for the East City Hall parking lot. The goal was to install stormwater management techniques that would mitigate stormwater flows, provide treatment before runoff was discharged to Peabody Creek, and serve as a showcase for LID techniques to the community. The application was selected to move forward but, due to budget constraints, the design wasn’t funded and accepted by City Council until 2019. Herrera Environmental Consultants, Inc. was selected to develop the design. The 90% design package was completed and accepted by Ecology in 2021. The City’s application for construction funding was accepted by Ecology and a grant agreement was negotiated and executed in November 2022 (WQC-2023- PoAnPW-00153). Herrera Environmental Consultants, Inc. was retained to complete the 100% design package. The project was initially advertised for construction bids by the City on June 3rd, 2023, however, both bids received exceeded the available budget, Ecology was unable to award additional funds and the bids were subsequently rejected by City Council. Measures were taken to secure additional funding and split up the project to allow a partial award if necessary. The project was re-advertised via Builder’s Exchange along with postings in the local Peninsula Daily News and Daily Journal of Commerce and with notification to the North Peninsula Building Association. The City received three (3) qualifying bid Summary: On January 18th, 2024, the City opened three (3) bids for the East City Hall Parking Lot LID Retrofit Project (TR1215). This project seeks to retrofit the East City Hall parking lot with new stormwater detention and treatment infrastructure while also serving to showcase low-impact development (LID) techniques for local developers. The lowest responsible bidder was Bruch & Bruch Construction, Inc. from Port Angeles, WA with a total project cost of $1,498,367.30. Funding: This project is funded in part by an existing grant agreement with the Washington State Department of Ecology (DOE) with a total combined funds available for construction in the amount of $1,106,854.12. Through an amendment to the agreement, Ecology has offered the City an additional $376,694.00 to complete this work, with no additional match required from the City. Funding for Base Bid Schedule B (non-grant reimbursable parking lot lighting improvements) will occur from project GG1113 – Facility Security Projects. Recommendation: 1. Approve amendment 01 to grant agreement #WQC-2023-PoPanPW-00153 with the Department of Ecology for the acceptance of an additional $376,694.00 and authorize the City Manager to execute the Amendment and to make minor modifications as necessary; and 2.Award a contract to construct the East City Hall Parking Lot LID Project to Bruch & Bruch Construction, Inc. of Port Angeles, WA for a total bid amount of $1,498,367.30 and authorize the City Manager to sign the contract and make minor modifications to the contract as necessary. February 20, 2024 J - 1 packages at the bid opening on January 18th, 2024. The lowest qualifying bidder was Bruch and Bruch Construction, Inc. of Port Angeles, WA with a total bid of $1,498,367.30. The total bid amounts, including taxes, are tabulated in the following table: Contractor Base Bid – Parking Lot Additive 1- Roof Cisterns Additive 2- Peabody St Rain Garden/ ADA Curb Ramps Total Schedule A Schedule B Jamestown Excavation $1,322,245.00 $18,000.00 $49,364.00 $134,041.60 $1,523,650.60 Bruch & Bruch Construction, Inc. $1,277,230.30 $14,820.00 $57,939.00 $148,378.00 $1,498,367.30 Northwest Cascade, Inc. $1,487,638.00 $15,750.00 $43,536.00 $163,734.00 $1,710,658.00 Engineer's Estimate $1,043,461.63 $10,880.00 $40,473.60 $72,634.88 $1,167,450.11 Funding Overview: The City applied for and was awarded a Water Quality Stormwater Facility grant (WQC-2023-PoAnPW-00153) for construction of this project from the Department of Ecology in Nov. 2022. The grant requires a 15% match from the City for a total project agreement amount of $1,182,854.12; of which, $1,106,854.12 is allocated for construction. The City’s 15% match has been set aside in the 2024 Capital Budget. Upon notification of the second bid opening results, Ecology offered additional funds for the full project bid to the City to cover the construction funding shortfall with no additional match required in the amount of $376,694.00. Schedule B of the Base Bid pertains to preparation for lighting improvements for the parking lot and are not grant reimbursable costs. Funding is available in project GG1113 – Facility Security Projects for the costs of the lighting improvements. February 20, 2024 J - 2 Agreement No. WQC-2023-PoAnPW-00153 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Port Angeles, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. City Hall Parking Lot LID Retrofit 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 improve water quality in Peabody Creek through installation of permeable pavement and bioretention stormwater Best Management Practices (BMPs) at City Hall in the City of Port Angeles. This project will provide treatment for total suspended solids (TSS), dissolved copper, and dissolved zinc and will reduce flows to Peabody Creek by increasing stormwater detention. The project will also act as an educational resource for property developers and the public in Port Angeles. Project Long Description: The City Hall Parking Lot LID project will improve water quality and reduce peak flows to Peabody Creek by treating approximately 1-acre of the City Hall parking lot and adjacent roadway. Currently untreated stormwater runoff from the project area flows to catch basins that drain to the City's municipal storm system and discharge directly to Peabody Creek. Peabody Creek is a 303(d) category 5 impaired water body for turbidity, temperature, bioassessment, bacteria, $1,182,854.12 $1,182,854.12 $1,005,426.00 $177,428.12 07/01/2022 01/31/2025 Stormwater Facility DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 3 Page 2 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles and pH. This construction project is a continuation of the design only grant WQSWPC-2016-PoAnPW-00001 and will incorporate the Design Report and 90% Design Package accepted by Ecology earlier. The RECIPIENT will construct bioretention, permeable pavement, and install a rainwater cistern that will slow and treat stormwater runoff from commercial areas with high traffic volume and high concentrations of pollution-generating impervious surfaces. Due to minimal infiltration capacity of the native soils, an underdrain will route stormwater from the permeable pavement to the bioretention facilities for treatment. The project will improve water quality by reducing the import of total suspended solids and other pollutants into Peabody Creek. Additionally, being centrally located within Port Angeles, at City Hall, and within rural Clallam County, this project will serve as a stormwater management showcase to the community and as a resource for property developers, contractors, and design engineers seeking to meet minimum stormwater management requirements on future projects that discharge to local waterbodies and challenged by site constraints. Overall Goal: This project will help protect and restore water quality in Washington state by reducing stormwater impacts from existing infrastructure and development. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 4 Page 3 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 5 Page 4 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles, Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360) 417-4701 Authorized Signatory Vincent McIntyre Civil/Utility Engineer II 321 East 5th Street Port Angeles, Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360) 417-4701 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 6 Page 5 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles Contacts Project Manager Financial Manager Technical Advisor Charlie Hohlbein PO Box 47775 Olympia, Washington 98504-7775 Email: CHOH461@ecy.wa.gov Phone: (360) 485-2474 Michelle Myers PO Box 47600 Olympia, Washington 98504-7600 Email: mmye461@ecy.wa.gov Phone: (360) 628-4067 Doug Howie Senior Stormwater Engineer PO Box 47600 Olympia, Washington 98504-7600 Email: doho461@ecy.wa.gov Phone: (360) 870-0983 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 7 Page 6 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 11/30/202211/30/2022 February 20, 2024 J - 8 Page 7 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles SCOPE OF WORK Task Number: 1 Task Cost: $5,000.00 Task Title: Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be 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 or loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Recipient Task Coordinator: Vince McIntyre Deliverables Grant and Loan Administration 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 9 Page 8 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles SCOPE OF WORK Task Number: 2 Task Cost: $2,000.00 Task Title: Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review. Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential affects to cultural resources. The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work. Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and BMP installations. Work done prior to written notice to proceed shall not be eligible for reimbursement. To initiate cultural resources review: 1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the ECOLOGY template. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State Standards for Cultural Resource Reporting. The Cultural Resources Review Form template may be found on the ECOLOGY website. 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the ECOLOGY template. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. The IDP template may be found on the ECOLOGY website. B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY project manager review and notify the ECOLOGY project manager when the official comment period begins. The RECIPIENT will also upload the final SEPA determination. C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner. Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 10 Page 9 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles Deliverables Cultural and Environmental Review, and Permitting Number Description Due Date 2.1 ECOLOGY Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. DO NOT upload the cultural resources form or documentation to EAGL. 2.2 Inadvertent Discovery Plan (IDP). Email the form directly to the ECOLOGY Project Manager for review. Upload to EAGL once review is complete. 2.3 SEPA Checklist. Upload the checklist, or other documentation for projects considered exempt from SEPA review, to EAGL and notify ECOLOGY when official comment period begins. 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY when upload is complete. 2.5 List of permits acquired. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 11 Page 10 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles SCOPE OF WORK Task Number: 3 Task Cost: $53,000.00 Task Title: Design Plans and Specifications Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. The RECIPIENT will develop a stormwater project design. The design submittals must conform to the Deliverables for Stormwater Projects with Ecology Funding Document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington, or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A. The RECIPIENT will upload the accepted design report along with the associated responses to ECOLOGY comments and the ECOLOGY acceptance letter. B. The RECIPIENT will upload the accepted 90% design package, along with the associated response to ECOLOGY comments and the ECOLOGY acceptance letter. C. The RECIPIENT will calculate and submit a preliminary equivalent new/re-development area for the completed design using the methods outlined in the Design Deliverables Document. D. The RECIPIENT will submit a preliminary GIS compatible project area as a shapefile, geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. E. The RECIPIENT will submit a Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, engineer’s opinion of cost including a schedule of eligible costs, and project construction schedule. Allow 15 calendar days for ECOLOGY review. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology Final Bid Package Acceptance Letter prior to advertising the project. Task Goal Statement: The RECIPIENT will complete all design tasks. Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 12 Page 11 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles federal, state, and local laws, and regulations. Deliverables Design Plans and Specifications Number Description Due Date 3.1 Contract documents (if contracting out for design). Upload to EAGL and notify ECOLOGY when upload is complete. 3.2 90 Percent Design Package. Upload to EAGL and notify ECOLOGY when complete. 3.3 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL and notify ECOLOGY when upload is complete. 3.4 ECOLOGY 90 Percent Design Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 3.5 Preliminary equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. 3.6 Preliminary project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 3.7 Final Bid Package. Upload to EAGL and notify ECOLOGY when upload is complete. 3.8 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY when upload is complete. 3.9 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY when upload is complete. 3.10 Bid documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY when uploaded. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 13 Page 12 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles SCOPE OF WORK Task Number: 4 Task Cost: $10,000.00 Task Title: Construction Management Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to ECOLOGY for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Guidance for CQAP development is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. C. The RECIPIENT will conduct a pre-construction conference meeting and invite ECOLOGY to attend. D. The RECIPIENT will submit a project schedule prior to the start of construction and whenever major changes occur. E. Prior to execution, the RECIPIENT will submit to ECOLOGY any eligible change orders that deviate from ECOLOGY-accepted plans and specifications. ECOLOGY must review and accept all change orders that affect grant eligible activities prior to implementation. Allow 10 calendar days for ECOLOGY review. Task Goal Statement: The RECIPIENT will oversee and manage construction, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all requested project documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with accepted plans. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 14 Page 13 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles Deliverables Construction Management Number Description Due Date 4.1 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 4.2 Pre-Construction Conference Meeting Minutes. Upload to EAGL and notify ECOLOGY when upload is complete. 4.3 Project Schedule. Submit prior to construction and when changes occur. Upload to EAGL and notify ECOLOGY when upload is complete. 4.4 Change Order(s). Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 15 Page 14 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles SCOPE OF WORK Task Number: 5 Task Cost: $1,106,854.12 Task Title: Construction Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will complete construction of the project in accordance with ECOLOGY-accepted plans and specifications. The construction project will include installation of Bioretention, permeable pavement facilities, as well as a cistern to mitigate runoff from approximately 1-acre of pollution-generating impervious surfaces. B. Stormwater Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications, and major change orders approved by ECOLOGY’s Project Engineer and shown on the Record Drawings. The Stormwater Construction Completion Form can be found on the ECOLOGY website. Task Goal Statement: Construction of the project in accordance with ECOLOGY-accepted plans and specifications. Task Expected Outcome: Constructed project will provide water quality benefits including reductions in total suspended solids (TSS), dissolved copper, and dissolved zinc. Deliverables Construction Number Description Due Date 5.1 Signed and dated construction contract. Upload to EAGL and notify ECOLOGY when upload is complete. 5.2 Stormwater Construction Completion Form. Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 16 Page 15 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles SCOPE OF WORK Task Number: 6 Task Cost: $6,000.00 Task Title: Project Close Out Task Description: The RECIPIENT shall ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance. A. The RECIPIENT will operate and maintain the constructed facility for the design life of the facility. The RECIPIENT will develop and submit an Operations and Maintenance (O&M) plan for all facilities constructed with ECOLOGY funding to ECOLOGY for review. The O&M plan must address long-term activities to assure ongoing pollutant removal and flow-control capability of the project in accordance with the design manual. O&M plan development guidance is located in the Design Deliverables Document available on the ECOLOGY website. Allow 15 calendar days for ECOLOGY review. B. The RECIPIENT will calculate and submit a final equivalent new/re-development area for the completed retrofit project(s) using the methods outlined in the Design Deliverables Document. C. The RECIPIENT will submit the final GIS compatible project area in shapefile, geodatabase file, or ECOLOGY-approved equivalent. The project area should include polygon features for stormwater facilities and contributing areas. D. The RECIPIENT will submit the Recipient Closeout Report (RCOR) in EAGL in accordance with Task 1. E. The RECIPIENT will submit the Outcomes Summary Report using the ECOLOGY template in accordance to Task 1. Upload the Outcomes Summary Report in EAGL. Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of O&M plan, equivalent area calculation, GIS, Recipient Closeout Report, and Two-page Outcome Summary Report. * Proper maintenance of the constructed facility to maintain water quality benefits. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 17 Page 16 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles Deliverables Project Close Out Number Description Due Date 6.1 Facility Operation and Maintenance Plan. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. 6.2 Final, as constructed, equivalent new/redevelopment area determination. Upload to EAGL and notify ECOLOGY when upload is complete. 6.3 Final, as constructed, project area shapefile, geodatabase file, or ECOLOGY-approved equivalent. Upload to EAGL and notify ECOLOGY when upload is complete. Upload ECOLOGY acceptance documentation. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 18 Page 17 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles BUDGET Funding Distribution EG230086 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 SFAP - SFY23 100% Model Toxics Control Capital Account(MTCCA) Stormwater 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: 0% 15% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SFAP 07/01/2022 01/31/2025 Grant SFAP Task Total Grant and Loan Administration 5,000.00$ Cultural and Environmental Review, and Permitting 2,000.00$ Design Plans and Specifications 53,000.00$ Construction Management 10,000.00$ Construction 1,106,854.12$ Project Close Out 6,000.00$ 1,182,854.12$Total: Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 19 Page 18 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%1,005,426.00 1,182,854.12177,428.1215.00SFAP Total $$177,428.12 1,005,426.00 $1,182,854.12 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. “Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Centennial Clean Water Program” means the state program funded from various state sources. “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost-efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 20 Page 19 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred. “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge. “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT. “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements. “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower. “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 21 Page 20 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan. “Loan Term” means the repayment period of the loan. “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents. “Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 22 Page 21 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement. “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 23 Page 22 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 24 Page 23 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website. D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 25 Page 24 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. (This form is used for Section 319 funds only) 2. “Section 319 Initial Data Reporting” form in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 26 Page 25 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting.” B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 27 Page 26 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at: https://facweb.census.gov/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Unique Entity Identifier (UEI) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a UEI number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes.? F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 28 Page 27 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 29 Page 28 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT’s Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process (SERP) Documentation (Required for facility projects only) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 30 Page 29 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility -project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 31 Page 30 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 32 Page 31 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 33 Page 32 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 34 Page 33 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 35 Page 34 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 36 Page 35 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 37 Page 36 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property. Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 38 Page 37 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 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; Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 39 Page 38 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit City of Port Angeles 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 40 Page 39 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 41 Page 40 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 42 Page 41 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 43 Page 42 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 44 Page 43 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 45 Page 44 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 46 Page 45 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 47 Page 46 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 48 Page 47 of 47State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2023-PoAnPW-00153 City Hall Parking Lot LID Retrofit 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 12/10/2020 DocuSign Envelope ID: 1EE25BC7-5E50-46AC-BE37-38D25F2EA553 February 20, 2024 J - 49 EAST CITY HALL PARKING LOT RETROFIT. PROJECT NO. TR1215 – 01 [FORM REVISED 6/2017] Page 1 of 6 ADDENDUM NO. 01 TO PROJECT MANUAL FOR EAST CITY HALL PARKING LOT LID RETROFIT PROJECT NO. TR1215 NOTICE TO PROSPECTIVE BIDDERS Bid Opening 2:00 PM PST, Thursday, January 18, 2024. NOTICE IS HEREBY GIVEN that the instructions and requirements of the subject bid are amended as follows: TABLE OF CONTENTS RESPONSE TO QUESTIONS RECEIVED AS OF 5:00 PM PST, JANUARY 11, 2024 ........................................... 1 SPECIFICATIONS ....................................................................................................................................................... 3 PLANS .......................................................................................................................................................................... 6 RESPONSE TO QUESTIONS RECEIVED AS OF 5:00 PM PST, JANUARY 11, 2024. Note: Original questions from interested parties may have been modified, expanded upon, summarized, and/or combined with other relevant questions for clarity or efficiency of response. 1)Question: Could a lower degradation factor be considered for the Permeable Ballast? Response: Yes, deg. factor has been reduced to 15 min. See revised Special Provision (SP) 4-04.2 below. 2)Question: What is the aggregate acceptance testing requirements and who is responsible for it? Response: Aggregate acceptance testing interval will be per the Local Agency Guidance Manual standard recommendations. See revised SP 4-04.2 below. 3)Question: Are there any requirements for the Crushed Surfacing Choker Coarse and No. 8 Stone beyond gradation? Response: Yes, See revised SP 4-04.2 below. 4)Question: Consider requiring a higher degradation factor for PHMA aggregates. Response: PHMA aggregate degradation factor has been increased to 30 min. See revised SP 5-04.2 below. February 20, 2024 J - 50 EAST CITY HALL PARKING LOT RETROFIT. PROJECT NO. TR1215 – 01 [FORM REVISED 6/2017] Page 2 of 6 5)Question: Where will the infiltration tests be located and how will the “… per lineal feet of roadway” rate of required infiltration tests for the PHMA parking lot be applied? Response: PHMA infiltration test locations will be selected by the Engineer. Locations are intended to be representative of the entire parking lot therefore locations will most likely be spread out and will avoid boundary or outlier areas to avoid misrepresentation. Infiltration testing rate requirement has been updated to a “per square foot” metric. See revised SP 5-04.3 below. 6)Question: Who is responsible for sourcing and installing PVC conduit sections on the lighting plans? Response: The empty conduit (two 2” dia PVC parallel extents aligned roughly east- west) will be sourced and installed by the Contractor at their discretion. They have no immediate purpose but are being installed to accommodate future needs of the City. The Conduit to and from existing parking lot lighting (replacement and extension of existing conduit aligned roughly north-south) will be managed by the City. The Contractor will simply prepare the trench, protect the existing service, source and install the pre-cast bases and accommodate City Staff to prep for future lighting upgrades to the parking lot. NOTE: this is an Ecology funded, stormwater facility- focused project. Improvements to the East parking lot’s lighting is only necessary to prepare for planned future work, however, it is not the intent or significant component of this project. It is necessary to include some lighting related work on this project to accommodate the new parking lot configuration and, during future work, eliminate the need for saw-cutting and land disturbance in and around permeable pavement. Work performed by others is not part of this project but requires coordination. The contractor will provide a minimum of 10 working days notice to City Light Ops. to schedule a time for their portion of work to be completed. 7)Question: How will the low bidder be determined? Response: Per Special Provision 1-02.6 – review the section titled “Award Procedures.” 8)Question: How will the low bidder be determined? Response: Per Special Provision 1-02.6 – review the section titled “Award Procedures.” 9)Question: How will Apprentice Utilization requirements be applied should the Additive Bids not be awarded and the Base Bid come in under $1M? Response: Per PAMC 3.80, Apprentice Utilization requirements apply at the time of project advertisement to projects that could reasonably exceed $1M to complete the work, as determined by the Engineer’s estimate. The work includes all additives, regardless of what is actually awarded. Therefore, Apprentice Utilization requirements will apply to this project no matter the outcome. February 20, 2024 J - 51 EAST CITY HALL PARKING LOT RETROFIT. PROJECT NO. TR1215 – 01 [FORM REVISED 6/2017] Page 3 of 6 10) Question: Suggest requiring the two low-bidders to provide their Apprentice Utilization plan to reduce potential delays. Response: Suggestion received. No action taken on this project but may consider updating City template for future projects. 11) Question: Suggest increasing the working days for the Base Bid. Response: Working Days to complete Base Bid has been increased to 60 Working Days. Total working days for completion of all bid schedules will remain at 75 working days. See revised SP 1-08.5 below. SPECIFICATIONS NOTE: the sections provided herein may be a subset of the entire specification included in the project manual. The subset provided is intended to highlight the revisions made. Omissions of paragraphs or sections beyond the revised section provided herein do not mean those sections have been removed from the project manual. 1-08.5 Time for Completion Section 1-08.5 is supplemented with the following: (March 13, 1995 WSDOT GSP, Option 7) This project, in its entirety, shall be physically completed within seventy-five (75) total working days. Sixty (60) working days are allotted for completion of the Base Bid (Schedule A & B), an additional five (5) working days are allotted for Additive 1, and an additional ten (10) working days are allotted for Additive 2; for a total of seventy-five (75) working days. 4-04.2 Gravel Base (March 9, 2016 APWA GSP, *****) Revise section 9-03.9(2) to read: Permeable Ballast Permeable ballast shall meet the requirements of Section 9-03.9(1) for ballast except for the following special requirements. The grading and quality shall meet one of the following requirements: Grading No. 1 Grading No. 2 (AASHTO No. 3) Sieve Size Percent Passing Sieve Size Percent Passing 2-1/2”99-100 2-1/2”100 2”65-100 2”90-100 ¾”40-80 1-½”35-70 No. 4 0-5 1” 0-15 No. 100 0-2 ½” 0-5 % Fracture 95 No. 100 0-3 All percentages are by weight. % Fracture 95 February 20, 2024 J - 52 EAST CITY HALL PARKING LOT RETROFIT. PROJECT NO. TR1215 – 01 [FORM REVISED 6/2017] Page 4 of 6 The sand equivalent value and dust ratio requirements do not apply. Los Angeles Wear, 500 Rev. 30% maximum Degradation Factor 15 minimum The fracture requirement shall be at least two (2) fractured faces and will apply to the combined aggregate retained on the No. 4 sieve in accordance with WSDOT FOP for AASHTO T 335. The minimum void ratio of the aggregate shall be 30 percent as determined by AASHTO T 19. Permeable ballast may be conditionally approved based on submitted sampled materials test results or valid WSDOT Aggregate Source Approval of material prior to delivering. Independent aggregate assurance testing will be required at a rate of one (1) test for each 1-10,000 Tons of permeable delivered to the project. The City will provide assurance testing of aggregate which will include grading, fracture, void ratio. Final Acceptance will be based on conformance testing completed on materials that has been delivered, installed and compacted on site. The exact point of acceptance will be determined by the Engineer. Material out of conformance with the project specifications will be removed and replaced at the Contractor’s expense. Crushed Surfacing Choker Course Crushed surfacing choker course shall meet the requirements AASHTO No. 57 stone per 9- 03.1, with 0% passing the No. 4 sieve. Aggregate shall be washed. The sand equivalent value and dust ratio requirements do not apply. Los Angeles Wear, 500 Rev. 30% maximum Degradation Factor 30 minimum Void content 30% minimum Facture 95% on 2 faces Crushed surfacing choker course material may be conditionally approved based on submitted sampled materials test results or valid WSDOT Aggregate Source Approval of material prior to delivering. Independent aggregate assurance testing will be required at a rate of one (1) test for each 1-10,000 Tons of permeable delivered to the project. The City will provide assurance testing of aggregate which will include grading, void ratio, and fracture. Final Acceptance will be based on conformance testing completed on materials that has been delivered, installed and compacted on site. The exact point of acceptance will be determined by the Engineer. Material out of conformance with the project specifications will be removed and replaced at the Contractor’s expense. No. 8 Stone No. 8 Stone shall meet the gradation and requirements of ASTM No. 8. Aggregate shall be washed. The sand equivalent value and dust ratio requirements do not apply. Los Angeles Wear, 500 Rev. 30% maximum Degradation Factor 30 minimum February 20, 2024 J - 53 EAST CITY HALL PARKING LOT RETROFIT. PROJECT NO. TR1215 – 01 [FORM REVISED 6/2017] Page 5 of 6 Void content 30% minimum Facture 95% on 2 faces No. 8 Stone material may be conditionally approved based on submitted sampled materials test results or valid WSDOT Aggregate Source Approval of material prior to delivering. Independent aggregate assurance testing will be required at a rate of one (1) test for each 1-10,000 Tons of permeable delivered to the project. The City will provide assurance testing of aggregate which will include grading, void ratio, and fracture. Final Acceptance will be based on conformance testing completed on materials that has been delivered, installed and compacted on site. The exact point of acceptance will be determined by the Engineer. Material out of conformance with the project specifications will be removed and replaced at the Contractor’s expense. Aggregates for permeable ballast, choker course, and No. 8 stone shall meet the requirements for grading and quality when placed in hauling vehicles for delivery to the site, after placement in temporary stockpiles on site, during installation, and after installation and compaction. The Contractor’s submittal for the aggregate material shall provide description of sampling methodology, identify where and how the sample was collected, total weight of sampled collected, description of sample preparation procedures, total weight of sample sieved to determine grain size distribution, and test results. Sampling and preparation shall be in conformance with ASTM D75 and ASTM C702. 5-04.2 Materials (March 9, 2016 APWA GSP, *****) Supplement section 9-03.8 with the following: Aggregates for Porous Hot Mix Asphalt/Porous Warm Mix Asphalt (PHMA/PWMA) General Requirements Aggregates for Porous Hot Mix Asphalt (PHMA) or Porous Warm Mix Asphalt (PWMA) shall be manufactured from ledge rock, talus, or gravel, in accordance with the provisions of Section 3-01 that meet the following test requirements: Los Angeles Wear, 500 Rev. 30% max. Degradation Factor 30 min. Grading Aggregates for PHMA/PWMA shall meet the following requirements for grading: Sieve Size Percent Passing ¾” square 100 ½” square 90 - 100 3⁄8” square 55 - 90 U.S. No. 4 10 - 40 U.S. No. 8 0 - 20 U.S No. 40 0 - 13 U.S. No. 200 0 - 5 * All percentages are by weight. February 20, 2024 J - 54 EAST CITY HALL PARKING LOT RETROFIT. PROJECT NO. TR1215 – 01 [FORM REVISED 6/2017] Page 6 of 6 The aggregate for PHMA/PWMA shall consist of crushed stone with a percent fracture greater than 90% on two faces on the No. 4 sieve and above, and shall be tested in accordance with the field operating procedures for AASHTO T 335. 5-04.3 Construction Requirements (March 9, 2016 APWA GSP, *****) Supplement this section with the following: Porous Asphalt (PHMA) Acceptance Infiltration Test Contractor shall conduct infiltration tests on the finished PHMA per ASTM C1701 at locations chosen by the Engineer. Newly-placed PHMA shall have a minimum infiltration rate of 100 inches/hour. Infiltration tests shall be completed at a frequency of 1 per every 3,500 sq. feet of PHMA and conducted in accordance with ASTM C1701. Infiltration tests will not be performed in locations with Topsoil Type C. If the measured infiltration rate is less than 100 inches/hour, the Contractor shall conduct an additional four infiltration tests in line with the paver direction of travel. Two tests upstream and two tests downstream of the initial test locations shall be taken at distances of 20 feet and 40 feet. Results of the additional tests will be averaged. The Contractor shall conduct additional testing upstream and downstream to identify the area to be removed. If the average infiltration rate is less than required, remove and replace the failing section at the direction of the Engineer and at no cost to the Contracting Agency. PLANS 1)None The Bid Opening date and time HAS NOT been changed. This addendum must be acknowledged in the space provided on the Bid Form in the Project Manual that is submitted to the City. Failure to do so may result in the proposal being rejected as non-responsive. February 20, 2024 J - 55 Date: February 20, 2024 To: Mayor Dexter, Deputy Mayor Carr, Councilmember Meyer, Councilmember Miller, Councilmember Schromen-Wawrin, Councilmember Schwab, Councilmember Suggs From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts - January NOVEMBER 2023 DECEMBER 2023 JANUARY 2024 AMOUNT CHANGE % CHANGE DEC - JAN Number of Customers Past Due 1,686 1,458 1,395 (63) -4.32% Number of Disconnections for Non-payment - - - - N/A 60 days past due amount 199,393.27 214,136.94 178,801.09 (35,335.85) -16.50% 90 days past due amount 110,751.64 106,178.91 74,951.79 (31,227.12) -29.41% 120 days past due amount 971,371.40 755,817.40 830,016.49 74,199.09 9.82% Total amount past due 1,281,516.31 1,076,133.25 1,083,769.37 7,636.12 0.71% Total Additional Payment Plan Agreements 32 23 33 10 43.48% CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS DECEMBER 2023 - JANUARY 2024 -25.0% -20.0% -15.0% -10.0% -5.0% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 60 days past due amount 90 days past due amount 120 days past due amount Total amount past due DECEMBER 2023 -JANUARY 2024 PAST DUE AMOUNTS NOVEMBER 2023 DECEMBER 2023 JANUARY 2024 % CHANGE DEC - JAN February 20, 2024 L - 1 2024 January Building Report JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Year to Date Total 1 0 0 0 0 0 0 0 0 0 0 0 1 $1,100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,100,000 4 0 0 0 0 0 0 0 0 0 0 0 4 $96,747.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $96,747 1 0 0 0 0 0 0 0 0 0 0 0 1 $238,448.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $238,448 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 1 0 0 0 0 0 0 0 0 0 0 0 1 $65,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $65,000 1 0 0 0 0 0 0 0 0 0 0 0 1 $2,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 42 0 0 0 0 0 0 0 0 0 0 0 42 $389,794.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $389,794 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 50 0 0 0 0 0 0 0 0 0 0 0 50 $1,891,989.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,891,989 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $35,793.06 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $35,793.06 Certificate of Occupancy Permit Fees Paid Comm Ind Public Res New Construction Repair and Alteration New Construction New Single Family New Accessory Structure Repair and Alteration Demolition and Moving Repair and Alteration New Construction Repair and Alteration New Multi Family New Manufactured Home Dwelling Units - ADU Dwelling Units - Single Family Dwelling Units-Manufactured Home Dwelling Units - Multi Family (3+) Total Dwelling Units Total Permits Issued Total Construction Valuation Dwelling Units - Duplex February 20, 2024 L - 2 Short-Term Lodging City of Port Angeles February 20, 2024 1 Agenda •Background and Overview •Outreach and Engagement •Project Status and Timing •Proposed Fees and Codes •Staff Recommendations 2 Background & Overview: History of Short-Term Rentals In 2017, Ordinance #3577 was passed, amending Title 17 of the Port Angeles Municipal Code. This ordinance provided a definition for Short-Term Rentals (STRs) for the first time in Port Angeles’ City history. 3 Background & Overview The 2017 code listed STRs as an allowed use in: ➢Residential Medium-Density Zones (RMD) ➢Residential High-Density Zones (RHD) ➢Commercial Zones, except for Commercial Office (CO), where a Conditional Use Permit is required. 4 Background & Overview For nearly three years, the City of Port Angeles has been working to review and update its Municipal Code. In 2020, the City contracted with Madrona Law Group to examine the entirety of the code and: ➢Ensure its compliance with state and federal law ➢Eliminate outdated provisions ➢Add new provisions that increase the health, safety, and welfare of our city. 5 Background & Overview A limited moratorium was adopted by City Council that went into effect on June 16, 2023, and ended on December 16, 2023. ➢The limited moratorium did not ban all STRs within city limits. ➢Instead, it prohibited establishing NEW STRs in Residential Medium-Density and Residential High-Density zones. 6 Background & Overview The limited moratorium did not impact: ➢Existing STRs compliant with current zoning requirements ➢New STRs located in commercial zones ➢The rental of rooms within a house where the owner resides ➢Owners who rent out their homes while on vacation or where the entire housing unit is rented out for 30 days or less per calendar year.7 Background & Overview Staff have listened carefully and intently to comments received over the past seven months. From those comments, three common pillars have emerged from all sides of this issue: ➢First, the 2017 code needs updating with improved and transparent rules. ➢Second,a common set of standards, including fire and life-safety inspections, are needed. ➢Third, an annual license fee should be implemented. 8 Background & Overview Over the past seven months, the City has received considerable feedback from the public and stakeholders. Staff has provided updates to the City Council: ➢Council Memos on August 15, 2023, and November 21, 2023 ➢Email Updates on December 21 and 29, 2023, and January 17, 2024 9 Outreach & Engagement Staff developed a comprehensive package. This wholistic approach includes: A new transparent code drawing upon jurisdictional best practices from across the state. A new regulatory approach that repeals and replaces the previous regulations, with a modern version that is focused on platform-based enforcement. A new annual license to bring greater transparency, while ensuring that fire and life safety standards are met. 10 Outreach & Engagement 11 City Council Action Planning Commission Review Public Engagement 5 Alternatives Ideas, Input, and Suggestions Outreach & Engagement Five alternative options were originally drafted to further gather community feedback: ➢Ranging from greatly expanded STR opportunities ➢To a very limited STR footprint ➢And everything in between 12 Outreach & Engagement Online Community Survey Dec 21 - Jan 14 In-Person Feedback Session at the Port Angeles Farmers Market January 06 In-Person Feedback Session at the Port Angeles Senior & Community Center January 11 Hybrid Planning Commission Public Hearing January 24 Hybrid City Council Public Hearing February 20 13 Outreach & Engagement The Public Comment Matrix includes public comment submitted to CED (written and verbal) since June 6, 2023. 14 Project Status & Timing What we’ve learned from information-gathering: ➢Approximately 80% of STRs in the City are Nonconforming ➢At least 34% of Citywide LTAX Revenue is from Nonconforming STRs ➢Staff Recommends a Compliance Pathway 15 Project Status & Timing Key Measures 16 Project Status & Timing Key Measures Web Portal for Licensing/Enforcement Development and Testing. Outreach and Education. 17 Proposed Codes: STR Terminology 18 LOCATION CRITERIA CODE ENHANCEMENTS Commercial Zones: Yes or No Platform-Based Enforcement RMD / RHD Zones: Yes or No Good Neighbor Policy R7 / R9 / R11 Zones: Yes or No Fire Life-Safety Inspections “2017 Code” Annual Regulatory License Proposed Codes ➢Platform-based regulations for short-term rentals and bed-and-breakfast operations, including a proposed fee structure 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 PAMC ➢Removes: Outdated references to STRs and B&Bs in Chapters 14, 15 and 17 PAMC 19 Proposed Codes: Planning Commission and Public Hearing Feedback ➢Complicated/Duplicative Code ➢Unnecessary Inspections ➢High/Punitive Fees ➢Data Concerns/More Data Needed ➢Nonconforming Email ➢Start Over/Delay to 2025 Comp Plan 20 Proposed Codes Planning Commission recommends that the City Council: 1.Amend the existing ordinance in such a manner that supports enforcement of the 2017 Port Angeles Municipal Code and provides a time-limited exception option for existing nonconforming short-term rentals; and 2.Pursue platform-based enforcement; and 3.Pursue a comprehensive assessment of an ideal short- term rental process in the City of Port Angeles. 21 PRIORITIES IN ORDER BY TOPIC •Fee Schedule and related provisions in Title 3* •Code Enforcement (including updates to penalties)and Titles 1 and 8 •Regulating short term rentals (can be added as a new chapter in Title 5 or incorporated into the development code as part of Maker’s work) •Updating business license provisions and/or transitioning to a general business license approach and Title 5 •Updating criminal code and Title 9 •Updating code relating to boards and commissions •Adopting/updating special event code (can be added as a new chapter in Title 5) •Title 11 –Streets and Sidewalks •Title 12 –Public Places •Title 10 –Vehicles and Traffic •Title 13 -Utilities •Title 7 -Animals •Title 2 (may include some overlap with Maker’s work) •Remainder of Title 3 –Revenue and Finance •Title 4 –Public Corporations •Titles 15 and 18 (to be coordinated with Maker’s work)** Eligibility of Reimbursable Costs Funded from Fees Funded from Taxes Examples Necessary for the enforcement of the City’s regulatory responsibility for assuring public health and safety Building inspection Plan check reviews Fire inspections For benefit to the greater public good and community Rain gardens Low-income housing Public art Part of the City’s responsibility to maintaining community character and quality of life for its residents Code enforcement Comprehensive planning Long term planning FCS GROUP Proposed Fees Hourly City Rate ➢FCS Study ➢Council approved $95.10/hour for CED, Fire and PWU regulatory reviews and inspections 24 Proposed Codes Revisions Since Planning Commission Fee Schedule Revisions: ➢Adds annual Platform Business License ➢Eliminates ongoing Platform fees ➢Reduces operator fee amounts by over 60% ➢Combines annual licenses and inspections into a single application/fee ➢Authorizes the CED Director to issue licenses for less than 12 months, provided the fee amount is prorated accordingly 25 Proposed Fees for STRs Revisions Since Planning Commission – 68% Reduction 26 Description:Proposed Fee: Platform Annual Business License $951.00 NA Type I Short-Term Rental Annual Business License and Inspection1 $285.30 $665.70 + $570.60 Fire Fee Type II Short-Term Rental Annual Business License and Inspection1 $475.50 $951.00 + $570.60 Fire Fee Nonconforming Type II Short-Term Rental Initial Business License and Inspection1 $1,426.50 $2,853.00 + ONE TIME $570.60 Fire Fee Additional Review Time/Inspection Time by the City $95.10/Hour 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 Appeal of decision from PAMC 17.23: •Appeal $760.80 •Hearing Examiner $225.00/Hour (HE) + $95.10/Hour (Staff) 1 The Director may issue licenses for less than 12 months. The fee amount for an abbreviated license will be prorated accordingly. Proposed Fees for B&Bs Revisions Since Planning Commission – 61% Reduction 27 1 The Director may issue licenses for less than 12 months. The fee amount for an abbreviated license will be prorated accordingly. Description:Proposed Fee: Platform Annual Business License $475.50 NA Bed and Breakfast Annual License and Inspection1 $475.50 $665.70 +$570.60 Fire Fee $95.10/hour 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 •Daily Fee for each day after 14 days $1,000.00 per day Appeal of decision from PAMC 17.24: •Appeal $760.80 •Hearing Examiner $225.00/Hour (HE) + $95.10/Hour (Staff) Proposed Codes Revisions Since Planning Commission ➢NEW Vacant and Blighted Property Report: 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 and blighted properties. ➢NEW Multi-Year License Report: After five years of STR licensing, the Directors of Finance and Community and Economic Development will report to the Council on the results of the overall STR licensing program and whether or not migrating to a multi-year STR license is warranted/recommended. 28 Proposed Codes for Nonconforming STRs After the effective date of this ordinance, some existing short-term rentals that are not in compliance with the 2017 location criteria, may be classified as nonconforming uses and be allowed to continue operations, subject to certain conditions. ➢Pay a fee, obtain and maintain an active short- term rental license with the City. ➢If lodging taxes were not paid, repayment of all past due taxes are required, calculated by the rental history obtained from the platforms the short-term rental was listed on. 29 Proposed Codes for Nonconforming STRs Revisions Since Planning Commission Be eligible under one of three options: ➢(Modified) Prior Operations, or ➢(New) Blighted Property Restoration, or ➢(New) Long-Term Rental 30 Proposed Codes for Nonconforming STRs Revisions Since Planning Commission ➢Modified Past Operations Option: ➢The STR must have been in operation for at least 90 days (continuously for ) in each of the last three consecutive years; OR 31 Proposed Codes for Nonconforming STRs Revisions Since Planning Commission ➢NEW Blighted Property Restoration Option: ➢The STR 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; OR 32 Proposed Codes for Nonconforming STRs Revisions Since Planning Commission ➢NEW Long-Term Rental Option: ➢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 the effective date of this ordinance, 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. 33 Proposed Codes Revisions Since Planning Commission Other Modifications: ➢Adds definition of Blighted Property ➢Eliminates third party inspections ➢Changes the 90-day threshold for Type 1 and Type 2 STRs to 30 days ➢Changes Platform reporting from quarterly to annually ➢Adds fire extinguisher requirements ➢Clarifies inspections are only directly related to fire life-safety items ➢Clarifies egress needs 34 Proposed Codes Revisions Since Planning Commission Other Modifications (continued): ➢Adds that for those STR and B&B operators utilizing a Platform,must use only licensed Platforms ➢Adds that boats,tents,yurts,and RVs may not be used as STRs ➢Clarifies that STR licenses may not be transferred to different LLCs ➢Clarifies that Site and Floor Plans may be hand-drawn by the owner or authorized representative ➢Consolidates and streamlines STR and B&B definitions into 17.08 PAMC ➢Reorganizes and removes duplicative enforcement provisions, instead cross referencing 2.90 PAMC 35 Proposed Codes Revisions Since Planning Commission Expedia/Vrbo Feedback: We greatly appreciate the Port Angeles Department of Community and Economic Development’s (“CED’s”) months-long community engagement efforts and believe they have yielded a very strong set of recommendations. The proposed ordinance includes many “best practice” operating standards for STRs, including engagement with neighbors, local emergency/nuisance contacts, quiet hours, and life safety requirements. This pathway –which establishes reasonable limits without punishing Port Angeles homeowners or discarding the positive impacts their STRs make – is a model for communities around the Olympic Peninsula and beyond. 36 Proposed Codes: Implementation ➢July 1, 2024: Launch of Licensing Portal ➢November 1, 2024: New Ordinance Fully Effective ➢Eight Months for Education and Preparation 37 Proposed Codes 38 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 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 Staff Recommendation: Option A Repeat nonconforming slide here 39 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 Staff Recommendation: Option B Repeat nonconforming slide here 40 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 Staff Recommendation: Option C Repeat nonconforming slide here 41 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 •Alternative 3 •Enhanced Nonconforming Section o Previous Operations Threshold o Blighted Property Threshold o 1:1 Long-Term Rental Threshold 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 Alternatives 3/5 Status Quo/ Constrained Option No Limitation No Limitation No Limitation*0 0 0 No Limitation* No Limitation* •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 Next Steps ➢Conduct the First Reading of the Ordinance ➢Open the Public Hearing ➢Close the Public Hearing ➢Select a Preferred Option (A, B, or C) for Final Council Adoption on March 6 ➢Continue the Ordinance to the March 6 Council Meeting for Second Reading and Final Adoption 42 Thank you. 43