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HomeMy WebLinkAbout03192024 CC Agenda Packet March 19, 2024 Port Angeles City Council Meeting Page 1 March 19, 2024 City of Port Angeles Council Meeting AMENDED Agenda This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City sta ff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5th Street, Port Angeles, or remotely via telephone or video link. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Social Worker Recognition Proclamation 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: 2552 405 8058 Webinar password: tVXm2tCEW24 (88962823 from phones and video systems) Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the March 19, 2024 meeting only. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=ma1d6eb907edefe0050237fe51e2265aa To make a public comment, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak. Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment." During the "Public Comment" portion of the meeting, individuals may speak to agenda items, except those scheduled for a Publi c Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reaso nable limits as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Publi c Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those who wish to speak to an item on the meeting’s agenda. If time remains, the presiding officer will call other individua ls wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. March 19, 2024 Port Angeles City Council Meeting Page 2 E. Consent Agenda | Approve 1. City Council Minutes of February 20, 2024 / Approve.................................................................................................... E-1 2. Expenditure Report: From February 24, 2024 to March 8, 2024 in the amount of $2,673,040.95 ................................. E-8 3. Laminar Law, PLLC Contract for Hearing Examiner Services / 1) Ratify the City Manager’s appointment of Laminar Law, PLLC for Hearing Examiner services; 2) authorize the City Manager to execute all related documents; and 3) authorize the City Manager to make minor modifications and necessary. ........................................................................................... E-27 4. Solid Waste Surplus Equipment Disposal / Authorize the City Manager to dispose, at public auction, the equipment from the Solid Waste Division listed as a part of this memorandum, and direct that all proceeds from the sale be credited to the Solid Waste Vehicle Replacement Fund.................................................................................................................................... E-37 5. Fire and Security Alarm Monitoring Service Agreement – Hi-Tech Security Inc / Approve and authorize the City Manager to sign contracts with Hi-Tech Security, Inc. for fire and security alarm monitoring services for an annual not -to-exceed amount of $1,079.88, including applicable taxes, for a three-year contract term, and authorize the City Manager to make minor modifications to the contracts if necessary. . ................................................................................................................. E-38 6. Community Development Block Grant Funds for Serenity House of Clallam County / 1) Approve and authorize the City’s Community Development Block Grant Administrator to sign and execute a standard agreement with Serenity House of Clallam County and 2) authorize the City Manager to make minor modifications, as necessary. ................................ E-39 7. Vehicle Purchase – Purchase of New Stormwater Division Vehicle #2442 / 1) Approve the purchase of a new Stormwater Division vehicle from Bud Clary Ford for an amount not to exceed $66,209.75, including tax and accessories. 2) Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. ............................................................................................................................................. E-48 8. Vehicle Purchase – Replacement of Wastewater Division Vehicle #4600 / 1. Approve the purchase of a new Wastewater Division vehicle that is the functional equivalent of existing vehicle #4600 from Bud Clary Ford, for an amount not to exceed $66,209.75, including tax and accessories. 2) Authorize the City Manager to approve an d execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3) Authorize the City Manager to surplus vehicle #4600, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City Fleet. .............................................................................................................................................................. E-49 9. Vehicle Purchase – Replacement of Parks Department Vehicle #4700 / 1) Approve the purchase of a new Parks Department vehicle that is the functional equivalent of existing vehicle #4700 from Bud Clary Ford, for an amount not to exceed $66,209.75, including tax and accessories. 2) Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3) Authorize the City Manager to surplus vehicle #4700, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. ................................................................................................................................................................ E-51 10. Vehicle Purchase – Replacement of Light Operations Division Forklift #4901 / 1) Approve the purchase of a new Light Operations Division forklift that is the functional equivalent of existing vehicle #4901 from Pape Material Handling, for an amount not to exceed $68,200, including tax and accessories. 2 ) Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3 ) Authorize the City Manager to surplus vehicle #4901, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. ........................................................................................................................................... E-53 F. Public Hearings | 6:30 p.m. or Soon Thereafter .................................................................................................. None G. Ordinances Not Requiring Council Public Hearings 1. Ordinance Amendment – Right-of-Way Use Permit Insurance Requirements / Conduct 1st Reading / Continue to April 2 ......................................................................................................................................................................................... G-1 H. Resolutions Not Requiring Council Public Hearings ....................................................................................... None March 19, 2024 Port Angeles City Council Meeting Page 3 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. I. Other Considerations 1. Waterfront District / Presentation 2. Olympic Community of Health: Connecting Community Members to Care / Presentation 3. Neighborhood Association Discussion / Council Discussion .......................................................................................... I-1 4. Council Phone Discussion / Council Discussion ............................................................................................................ I-2 5. Lodging Tax Advisory Committee and Planning Commission Appointments / Appoint ................................................ I-4 6. Public Safety Advisory Appointment / Appoint .............................................................................................................. I-11 J. Contracts & Purchasing 1. Professional Services Agreement and Department of Commerce Grant Agreements Related to the 2025 Comprehensive Plan Periodic Update / Approve, Authorize and Appoint ......................................................................................................... J-1 2. 10th Street Bike Boulevard and 8th Street – Grant Acceptance / Accept and Authorize / ..........Amended Page Number J-60 3. Equipment Purchase – Replacement of Stormwater Division #1240 / Rescind, Approve and Authorize ........................ J-62 K. Council Reports L. Information City Manager Reports: 1. Past Due Utility Report ................................................................................................................................................... L-1 2. January-February 2024 Building Report ........................................................................................................................ L-2 3. Public Works Construction Status Report ....................................................................................................................... L-3 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment March 19, 2024 Port Angeles City Council Meeting Page 1 March 19, 2024 City of Port Angeles Council Meeting Agenda This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City sta ff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 5th Street, Port Angeles, or remotely via telephone or video link. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Social Worker Recognition Proclamation 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: 2552 405 8058 Webinar password: tVXm2tCEW24 (88962823 from phones and video systems) Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the March 19, 2024 meeting only. Webex link: https://cityofpa.webex.com/cityofpa/j.php?MTID=ma1d6eb907edefe0050237fe51e2265aa To make a public comment, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak. Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment." During the "Public Comment" portion of the meeting, individuals may speak to agenda items, except those scheduled for a Publi c Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reaso nable limits as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Publi c Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 peop le are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference gi ven to those who wish to speak to an item on the meeting’s agenda. If time remains, the presiding officer will call other individua ls wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for addition al unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent co nnection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. March 19, 2024 Port Angeles City Council Meeting Page 2 E. Consent Agenda | Approve 1. City Council Minutes of February 20, 2024 / Approve.................................................................................................... E-1 2. Expenditure Report: From February 24, 2024 to March 8, 2024 in the amount of $2,673,040.95 ................................. E-8 3. Laminar Law, PLLC Contract for Hearing Examiner Services / 1) Ratify the City Manager’s appointment of Laminar Law, PLLC for Hearing Examiner services; 2) authorize the City Manager to execute all related documents; and 3) authorize the City Manager to make minor modifications and necessary. ........................................................................................... E-27 4. Solid Waste Surplus Equipment Disposal / Authorize the City Manager to dispose, at public auction, the equipment from the Solid Waste Division listed as a part of this memorandum, and direct that all proceeds from the sale be credited to the Solid Waste Vehicle Replacement Fund.................................................................................................................................... E-37 5. Fire and Security Alarm Monitoring Service Agreement – Hi-Tech Security Inc / Approve and authorize the City Manager to sign contracts with Hi-Tech Security, Inc. for fire and security alarm monitoring services for an annual not -to-exceed amount of $1,079.88, including applicable taxes, for a three-year contract term, and authorize the City Manager to make minor modifications to the contracts if necessary. . ................................................................................................................. E-38 6. Community Development Block Grant Funds for Serenity House of Clallam County / 1) Approve and authorize the City’s Community Development Block Grant Administrator to sign and execute a standard agreement with Serenity House of Clallam County and 2) authorize the City Manager to make minor modifications, as necessary. ................................ E-39 7. Vehicle Purchase – Purchase of New Stormwater Division Vehicle #2442 / 1) Approve the purchase of a new Stormwater Division vehicle from Bud Clary Ford for an amount not to exceed $66,209.75, including tax and accessories. 2) Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. ............................................................................................................................................. E-48 8. Vehicle Purchase – Replacement of Wastewater Division Vehicle #4600 / 1. Approve the purchase of a new Wastewater Division vehicle that is the functional equivalent of existing vehicle #4600 from Bud Clary Ford, for an amount not to exceed $66,209.75, including tax and accessories. 2) Authorize the City Manager to approve an d execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3) Authorize the City Manager to surplus vehicle #4600, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City Fleet. .............................................................................................................................................................. E-49 9. Vehicle Purchase – Replacement of Parks Department Vehicle #4700 / 1) Approve the purchase of a new Parks Department vehicle that is the functional equivalent of existing vehicle #4700 from Bud Clary Ford, for an amount not to exceed $66,209.75, including tax and accessories. 2) Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3) Authorize the City Manager to surplus vehicle #4700, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. ................................................................................................................................................................ E-51 10. Vehicle Purchase – Replacement of Light Operations Division Forklift #4901 / 1) Approve the purchase of a new Light Operations Division forklift that is the functional equivalent of existing vehicle #4901 from Pape Material Handling, for an amount not to exceed $68,200, including tax and accessories. 2 ) Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3 ) Authorize the City Manager to surplus vehicle #4901, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. ........................................................................................................................................... E-53 F. Public Hearings | 6:30 p.m. or Soon Thereafter .................................................................................................. None G. Ordinances Not Requiring Council Public Hearings 1. Ordinance Amendment – Right-of-Way Use Permit Insurance Requirements / Conduct 1st Reading / Continue to April 2 ......................................................................................................................................................................................... G-1 H. Resolutions Not Requiring Council Public Hearings ....................................................................................... None March 19, 2024 Port Angeles City Council Meeting Page 3 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. I. Other Considerations 1. Waterfront District / Presentation 2. Olympic Community of Health: Connecting Community Members to Care / Presentation 3. Neighborhood Association Discussion / Council Discussion .......................................................................................... I-1 4. Council Phone Discussion / Council Discussion ............................................................................................................ I-2 5. Lodging Tax Advisory Committee and Planning Commission Appointments / Appoint ................................................ I-4 6. Public Safety Advisory Appointment / Appoint .............................................................................................................. I-11 J. Contracts & Purchasing 1. Professional Services Agreement and Department of Commerce Grant Agreements Related to the 2025 Comprehensive Plan Periodic Update / Approve, Authorize and Appoint ......................................................................................................... J-1 2. 10th Street Bike Boulevard and 8th Street – Grant Acceptance / Accept and Authorize ................................................... J-45 3. Equipment Purchase – Replacement of Stormwater Division #1240 / Rescind, Approve and Authorize ........................ J-62 K. Council Reports L. Information City Manager Reports: 1. Past Due Utility Report ................................................................................................................................................... L-1 2. January-February 2024 Building Report ........................................................................................................................ L-2 3. Public Works Construction Status Report ....................................................................................................................... L-3 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment CITY OF PORT ANGELES CITY COUNCIL Port Angeles, Washington February 20, 2024 This meeting was conducted as a hybrid meeting. CALL TO ORDER SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:30 p.m. Members Present: Mayor Dexter, Deputy Mayor Carr, Council Members Meyer, Miller, Schromen-Wawrin, Schwab, and Suggs. Members Absent: None. Staff Present: City Manager West, Assistant City Attorney Cowgill, Clerk Martinez-Bailey. EXECUTIVE SESSION Based on input from Assistant City Attorney Chris Cowgill, Mayor Dexter announced the need for a Closed Session under authority of RCW 42.30.140(4), to discuss collective bargaining with an employee organization until 5:50 p.m. The Council left the Chambers and moved to the Jack Pittis Conference Room. The Closed Session convened at 5:30 p.m. ADJOURNMENT Mayor Dexter adjourned the Special Meeting at 5:50 p.m. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Carr, Council Members Meyer, Miller, Schromen-Wawrin, Schwab, and Suggs. Members Absent: None Staff Present: City Manager West, Deputy City Manager Goings, Assistant City Attorney Cowgill, Clerk Martinez- Bailey, C. Delikat, B. Smith, S. Carrizosa, D. Sharp, and M. Healy. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Proclamation Recognizing Black History Month The Mayor invited Chyrell Silva-Jones to the front of the Chambers and read a proclamation recognizing Black History Month. Mayor Dexter stated the City of Port Angeles celebrates the month by recommitting to fight for equity, opportunity, dignity, and voting rights to which every person is due. The Mayor presented the proclamation to Ms. Silva-Jones. OTHER CONSIDERATIONS 1. Virtual Presentation made by Representative Derek Kilmer on the Recompete Grant Congressman Derek Kilmer spoke to the benefits of the Recompete Grant, named some of the local recipients of the grant, spoke to what the funds could be used for, shared the region was one of twenty-two finalists in the country and that the program was intended to revitalize economic activity in distressed communities. March 19, 2024 E - 1 PORT ANGELES CITY COUNCIL MEETING – February 20, 2024 Page 2 of 7 PUBLIC COMMENT John Ralston, city resident, spoke to energy costs as it relates to the costs of housing development. James Taylor, city resident, spoke to the evening’s agenda. Steve Pelayo, residing outside the city and business owner in the city, spoke about meeting process. OTHER CONSIDERATIONS CONTINUED 1. Peninsula Housing Authority Strategic Planning - Stakeholder Clallam County Meeting City Manager Nathan West presented the agenda item and turned the matter over to the Council for discussion. It was moved by Meyer and seconded by Suggs to: Appoint Council members Meyer, Miller, and Schromen-Wawrin as attendees at the Peninsula Housing Authority Strategic Planning Stakeholder meeting and appoint Deputy Mayor Carr as an alternate. Motion carried 7-0. CONSENT AGENDA At the request of Council member Miller and after hearing no objection, Mayor Dexter added J-1 East City Hall Parking Lot LID Retrofit Project #TR1215 to the consent agenda as item E-7. It was moved by Meyer and seconded by Miller to approve the Consent Agenda to include: 1. City Council Minutes of January 16 and January 23, 2024 / Approve 2. Expenditure Report: From January 27, 2024 to February 9, 2024 in the amount of $2,368,032.20 / Approve 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. 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. 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, a nd to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. 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 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. 7 . MOVED TO CONSENT AGENDA J-1 East City Hall Parking Lot LID Retrofit Project #TR1215 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. Motion carried 7-0. The Mayor recessed the meeting for a break at 6:22 p.m. The meeting reconvened at 6:28 p.m. PUBLIC HEARINGS 1. Short Term Rental and Bed and Breakfast Regulations and Fees Deputy City Manager Goings shared slides that provided the background work done by Council, Planning Commission and staff. He stated the slides included information on the matter that related to the background and overview, outreach and engagement, project status and timing, proposed fees and codes, and staff recommendations. March 19, 2024 E - 2 PORT ANGELES CITY COUNCIL MEETING – February 20, 2024 Page 3 of 7 The Mayor opened the public hearing at 7:02 p.m. Caitlin Sullivan, residing outside the city, spoke about short-term rental options available to Council that would also lead to community sustainability. Dan Anderson, city resident, spoke about the short-term rental options presented and thanked Council and staff for their work. Laurel Cripe, city resident, spoke about short-term rental options presented to Council and the need for housing, not short-term rentals. Kevin Talbot, city resident, spoke about the short-term rental options presented and suggested that density limitations should be considered in the final adoption. Carolyn, city resident, spoke about short-term rental option C as her preferred option. (Name unclear), city resident, spoke about short-term rental option C as her preferred option. Kevin Sullivan, residing outside the city, spoke about code enforcement as it relates to short-term rentals. Laurel Hargis, city resident, spoke about lack of housing in Port Angeles as it relates to short -term rentals. Richie Ahuja, city resident and a member of the City’s Planning Commission, but stated he was speaking independently of his position, spoke about the need for increased housing stock to support long-term economy. Ricardo Fleischfresser, residing outside the city and former short-term rental owner, suggested the Council consider those who ran short-term rentals prior to the 2017 code, housing affordability, and said the fire safety regulations should apply also to long-term rentals. WendyRae Johnson, city resident, stated she is a member of the Clallam County Conservation District Board, and spoke about the need for availability of housing for the work force and stated support for option C. Sean Coleman, residing outside the city, stated he would support option B and spoke about lodging tax funds as they relate to short-term rental operations in Port Angeles. Chelsea Ryder, city resident, spoke in favor of option C, her challenges to find housing, and the need for affordable housing. Rahul Luta, city resident and short-term rental operator, spoke in favor of option B. Holden Fleming, city resident, spoke about the need for work force housing and the importance of community connections. Jim Woodling, city resident, shared he preferred option 3. Marc Lawrence, residing outside the city, commercial finance company own er, spoke about the unintended consequences of regulating short-term rentals. Christi Cox, residing outside the city, spoke about the need for affordable housing and stated she was in support of option C. Tracy Lay, city resident, and stated she is a Conservation District Board member and spoke about the need for availability of housing for the work force and stated option C. Joyce Underwood, residing outside city and Port Angeles business owner, spoke about short-term rentals being the scapegoat for the current housing crisis. March 19, 2024 E - 3 PORT ANGELES CITY COUNCIL MEETING – February 20, 2024 Page 4 of 7 Steven Pelayo, residing outside the city and Port Angeles business owner, stated he supports option B, and spoke to the benefits of lodging tax funds as they benefit the community. Leslie Forsberg, residing outside city limits, spoke about housing, short-term rentals, and stated she supports option B. Brian Heberling, residing outside the city, spoke about housing, short-term rentals, and stated the need for economic velocity. The Mayor recessed the meeting for a break at 7:50 p.m. The meeting reconvened at 7:56 p.m. Jim Bennet, city resident, spoke about commercial office zones, conditional use permits in the proposed code, and requested the designation C would be replaced with permitted uses. David Squires, residing outside the city and short-term renal owner, spoke about compromise and supported option B. Jim Haguewood, city resident, stated the proposed option B would best fit the needs of Port Angeles. Ron Richards, residing outside the city , stated he supports option C and encouraged Council to adopt this option. Greg Maust, city resident, stated residential areas should be used for residing in, not for short -term rentals. Bruce Swenson, city resident, stated he has enjoyed the short-term rental process and looks forward to the issue being solved. Gail, city resident, stated she supports option C and encouraged Council to adopt this option and opposed to non - compliant short-term rental businesses. Jim McEntire, residing outside the city and speaking on behalf of the Port Angeles Business Association, spoke about taking proprietary information with caution. Heid Pederson, residing outside the city and long-term renter, and spoke in opposition of short-term rental businesses. Jim Halberg, city resident, spoke about the definitions and limitations in the proposed ordinance and said he is in favor of option B. Ellen Menshew, expressed a desire to strengthen work force housing. Ashlynn Emiliani, city resident, spoke about the need for more housing but that short -term rentals are not the issue and stated she supports option B. James Taylor, city resident and Planning Commission member speaking on behalf of himself, spoke about the options presented, enforcement, and zoning. Matthew Moore, city resident and renter, spoke about the negative impacts of short-term rentals. Lorrie Mittmann, city resident and business owner, stated option B is a good compromise and noted the 3% cap can be adjusted in the future as needed. Sona, residing outside the city , spoke in favor of short-term rentals and the benefits that they bring to the community in the form of lodging tax funds, and supports option B. Melissa Messineo, city resident, spoke about basic human needs, affordable housing, needs for long term housing, and stated she supports option B. March 19, 2024 E - 4 PORT ANGELES CITY COUNCIL MEETING – February 20, 2024 Page 5 of 7 Tom Butler, residing outside the city , spoke about investment properties, tourism, and stated he was in favor of option C. Daisy, city resident, spoke about her negative experience living near a short -term rental and stated option C was the best option for the community. Ginny Shane, city resident, stated she supports option B, that it reflects the most balance and spoke about her experience as a renter. Kelly Johnson, city resident, spoke in favor of short -term rentals, stating they are not the cause of limited affordable housing and supports option B. Lisa Decker, states she believed option C would increase housing. Donnette Hope, city resident, encouraged Council to go with option B, stated short -term rentals support a number of individuals in the work force, and that by eliminating them will not fix the housing crisis. Julie Early, residing outside city limits, encouraged Council to go with option B. John Ralston, city resident, spoke about a report referred to by Council member Schromen-Wawrin, and spoke to a report done by Black Ball Ferry. Shireen Huchison, city resident, short-term rental owner, spoke about the income generated by the short -term rental, and stated she supports option B. Marolee Smith, city resident and a Planning Commission member but speaking independently, and asked the Council to support option B. Stanley Hope, city resident, spoke about youth opportunities that are funded through lodging tax funds and challenges to find overnight lodging. Marvin Weatherow, city resident, supports option B. Cheryl Boughman, city resident, stated she supports option C and spoke to a number of ways that can bring money the local economy without short-term rentals. Kauzma Youga, property owner and short-term rental operator, spoke of his life experiences and urged Council to chose option B. Jake Purvis, residing outside the city and Port Angeles business owner, suggested Council choose option B and made suggestions to improve. Justin (last name unknown), city resident, spoke about compliance. At 9:00 p.m., the Mayor closed the public hearing. Mayor Dexter conducted a reading of the ordinance by title, entitled, ORDINANCE NO. ____ AN ORDINANCE of the City of Port Angeles, Washington implementing new regulations for short-term lodging operations; adopting a new Chapter 17.23 of the Port Angeles Municipal Code (“PAMC”), Short -Term Rentals; adopting a new Chapter 17.24 PAMC, Bed and Breakfasts; repealing Chapter 17.18 PAMC; amending sections 14.36.010, 17.01.020, 17.08.015, 17.08.095, 17.10.040, 17.11.040, 17.12.040, 17.14.020, 17.15.020, 17.20.020, March 19, 2024 E - 5 PORT ANGELES CITY COUNCIL MEETING – February 20, 2024 Page 6 of 7 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. The Mayor recessed the meeting for a break at 9:02 p.m. The meeting reconvened at 9:10 p.m. Council discussion followed. The Mayor suggested that due to the time, Council should consider extending the meeting. It was moved by Schromen-Wawrin and seconded by Suggs to: Extend the meeting until all agenda items were complete and eliminate Council reports. Motion carried 7-0. It was moved by Schromen-Wawrin and seconded by Miller to: Direct staff to prepare an ordinance based on Option C for the March 5 meeting, with narrow exemptions allowing for economic hardship to allow economically-distressed existing illegal STRs to become nonconforming licensees under temporary STR licenses, one unit per STR license, one STR license per person, one STR license per parcel. A less onerous inspection requirement. Make it clear that Type 1 is the actual primary residence, required through a common entrance, and remove the option of getting a Type 1 license on a unit that is not the primary residence. Motion carried 4-3 with Dexter, Schwab, and Meyer opposed. Staff asked for clarification on portions of the motion. The Mayor continued the matter to the March 5 meeting. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS Council member Meyer asked the Mayor to consider adding to a future agenda for Council to discuss exploring a pathway for neighborhood associations to work with the City. Council member Schwab asked the Mayor to consider adding Council cell phones to an agenda for future discussion. The Mayor recessed the meeting for a break at 10:32 p.m. The meeting reconvened at 10:36 p.m. CITY COUNCIL REPORTS No reports were given due to the motion made to extend the meeting and eliminate Council reports due to the time. SECOND PUBLIC COMMENT John Ralston, city resident, urged the City not to adopt new energy codes and spoke about affordable housing. Carolyn, city resident, suggested a write-in opportunity on the primary ballot. Brian Heberling, residing outside the city, spoke about the Council’s support of a version of option C. Steven Pelayo, residing outside the city, stated Council’s support of option C showed that Council was not listening to the public. Jim Halberg, city resident, spoke about lodging tax funds that will be lost by eliminating short -term rentals and said the city is able to support. Lorrie Mittmann, city resident, spoke about how option C will directly affect her livelihood. Council member Schromen-Wawrin spoke to public comment. Kauzma Youga, spoke of his life experiences and spoke about life choices. Steve Raider-Ginsburg, city resident, said the city doesn’t have enough rooms and supports option B. March 19, 2024 E - 6 PORT ANGELES CITY COUNCIL MEETING – February 20, 2024 Page 7 of 7 ADJOURNMENT Mayor Dexter adjourned the meeting at 10:55 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk March 19, 2024 E - 7 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 001-0000-237.00-00 14,042.92 EXCISE TAX RETURNS-JAN 001-0000-237.30-00 576.33 MUTT MITT PLASTICS 001-0000-237.00-00 (391.56) Division Total:$14,227.69 Department Total:$14,227.69 NEURATH PHOTGRAPHY, ERIC COMMUNICATIONS/MEDIA SERV 001-1160-511.41-50 304.92 Mayor & Council Division Total:$304.92 Legislative Department Total:$304.92 DATABAR INCORPORATED MISC PROFESSIONAL SERVICE 001-1210-513.42-10 54.14 MISC PROFESSIONAL SERVICE 001-1210-513.42-10 56.53 MISC PROFESSIONAL SERVICE 001-1210-513.42-10 60.09 MISC PROFESSIONAL SERVICE 001-1210-513.42-10 47.99 MISC PROFESSIONAL SERVICE 001-1210-513.42-10 17.40 City Manager Division Total:$236.15 CIVICPLUS MUNICODE UPDATES 001-1230-514.41-50 2,111.70 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 25.28 COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 85.32 City Clerk Division Total:$2,222.30 City Manager Department Total:$2,458.45 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 001-2023-514.44-50 42.01 SHI INTERNATIONAL CORP COMPUTERS,DP & WORD PROC. 001-2023-514.48-02 362.63 Accounting Division Total:$404.64 DATABAR INCORPORATED MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,610.21 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,631.53 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,817.67 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,309.10 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,635.34 ELAVON, INC-WIRE TRANSACTION FEES 001-2025-514.41-50 6,168.51 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-2025-514.31-01 784.08 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 37.84 PAYMENTUS GROUP INC TRANSACTION FEES 001-2025-514.41-50 946.82 TRANSACTION FEES 001-2025-514.41-50 14,695.75 Customer Service Division Total:$35,636.85 Finance Department Total:$36,041.49 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-4060-558.31-60 3,041.65 Page 1 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 8 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-4060-558.31-60 174.99 COMPUTERS,DP & WORD PROC. 001-4060-558.48-02 93.02 Planning Division Total:$3,309.66 PHOENIX DRAGON MARTIAL ARTS FASCADE GRANT 001-4071-558.49-91 5,704.00 Economic Development Division Total:$5,704.00 Community Development Department Total:$9,013.66 MISC TRAVEL C RIFE-NW LEADERSHIP SEMI 001-5010-521.43-10 363.80 Police Administration Division Total:$363.80 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 24.07 SHIPPING AND HANDLING 001-5021-521.42-10 16.57 MISC TRAVEL J POWLESS-WP MODEL TRAINI 001-5021-521.43-10 143.40 J POWLESS-WP MODEL TRAINI 001-5021-521.43-10 350.50 PENA SQUARED ENTERPRISES MISC PROFESSIONAL SERVICE 001-5021-521.41-50 315.00 RAMSEY TRANSCRIPTION SERVICES MISC PROFESSIONAL SERVICE 001-5021-521.41-50 266.25 Investigation Division Total:$1,115.79 GALLS CLOTHING & APPAREL 001-5022-521.31-11 965.01 CLOTHING & APPAREL 001-5022-521.31-11 163.58 CLOTHING & APPAREL 001-5022-521.31-11 25.43 GENERAL PACIFIC INC HUMAN SERVICES 001-5022-521.43-10 800.00 GRAINGER SUPPLIES 001-5022-521.31-80 178.76 FIRST AID & SAFETY EQUIP.001-5022-521.31-80 262.68 FIRST AID & SAFETY EQUIP.001-5022-521.31-80 71.57 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 16.57 SHIPPING AND HANDLING 001-5022-521.42-10 16.63 MISC ONE-TIME VENDORS TOW EXPENSES 24-02899 001-5022-521.49-90 554.23 MISC TRAVEL D MILLER-DRONE CERT PART 001-5022-521.43-10 321.74 S PARKER-DRONE PILOT PART 001-5022-521.43-10 129.50 B STAMON-WP MODEL TRAININ 001-5022-521.43-10 143.40 B STAMON-WP MODEL TRAININ 001-5022-521.43-10 350.50 OLYMPIC PENINSULA COMMUNITY CLINIC MISC PROFESSIONAL SERVICE 001-5022-521.41-50 35,301.53 PROFORCE LAW ENFORCEMENT POLICE EQUIPMENT & SUPPLY 001-5022-521.35-01 (12,820.12) POLICE EQUIPMENT & SUPPLY 001-5022-521.35-01 5,106.14 CREDIT INVOICE 001-5022-521.35-01 (647.85) Page 2 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 9 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount PROFORCE LAW ENFORCEMENT CREDIT INVOICE 001-5022-521.35-01 (647.85) POLICE EQUIPMENT & SUPPL 001-5022-521.35-01 647.85 POLICE EQUIPMENT & SUPPL 001-5022-521.35-01 647.85 POLICE EQUIPMENT & SUPPLY 001-5022-521.35-01 1,289.50 POLICE EQUIPMENT & SUPPLY 001-5022-521.35-01 6,304.31 POLICE EQUIPMENT & SUPPLY 001-5022-521.35-01 1,361.71 SWAIN'S GENERAL STORE INC OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 12.97 TYLER TECHNOLOGIES, INC DATA PROC SERV &SOFTWARE 001-5022-521.31-60 1,263.24 Patrol Division Total:$41,818.88 MISC EMPLOYEE EXPENSE REIMBURSEMENT UNIFORM REIMBURSEMENT CAR 001-5029-521.31-11 142.82 MISC TRAVEL E MURRAY-BODY WORN CAMERA 001-5029-521.43-10 92.50 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 30.54 Records Division Total:$265.86 Police Department Total:$43,564.33 LIGHTHOUSE UNIFORM UNIFORM SUPPLIES 001-6020-522.31-11 75.07 UNIFORM SUPPLIES 001-6020-522.31-11 835.69 UNIFORM SUPPLIES 001-6020-522.31-11 835.69 LINCOLN STREET STATION COMMUNICATIONS/MEDIA SERV 001-6020-522.43-10 12.16 NORTHWEST SAFETY CLEAN INSPECTIONS 001-6020-522.31-11 55.06 SEAWESTERN INC UNIFORM SUPPLIES 001-6020-522.31-01 472.84 SWAIN'S GENERAL STORE INC CLEANING COMPOSITION/SOLV 001-6020-522.43-10 150.09 Fire Suppression Division Total:$2,436.60 WALTER E NELSON CO BATTERIES 001-6050-522.31-01 12.62 BATTERIES/SUPPLIES 001-6050-522.31-01 554.34 OFFICE MACHINES & ACCESS 001-6050-522.31-01 55.90 Facilities Maintenance Division Total:$622.86 Fire Department Total:$3,059.46 ESRI INC DATA PROC SERV &SOFTWARE 001-7010-532.48-02 17,447.50 MISC ONE-TIME VENDORS CONTINUED EDUCATION - HOO 001-7010-532.43-10 2,659.00 SHI INTERNATIONAL CORP COMPUTERS,DP & WORD PROC. 001-7010-532.48-02 93.02 COMPUTERS,DP & WORD PROC. 001-7010-532.48-02 93.02 Public Works Admin. Division Total:$20,292.54 Public Works & Utilities Department Total:$20,292.54 ALPHA CARD SYSTEMS LLC PRINTING,SILK SCR,TYPSET 001-8010-574.31-01 948.50 Page 3 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 10 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount AMAZON CAPITAL SERVICES SUPPLIES 001-8010-574.31-01 40.85 Parks Administration Division Total:$989.35 AMAZON CAPITAL SERVICES FURNITURE, OFFICE 001-8050-536.31-01 290.18 TELEVISION EQUIP & ACESS 001-8050-536.31-01 29.22 ELECTRICAL EQUIP & SUPPLY 001-8050-536.31-01 40.27 ANGELES MILLWORK & LUMBER JANITORIAL SUPPLIES 001-8050-536.31-20 84.34 BAXTER AUTO PARTS #15 FUEL,OIL,GREASE, & LUBES 001-8050-536.31-20 32.87 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 001-8050-536.44-50 69.78 OLYMPIC STATIONERS INC SUPPLIES 001-8050-536.31-01 46.72 QUIRING MONUMENTS INC MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 575.00 MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 1,107.00 MARKERS, PLAQUES,SIGNS 001-8050-536.34-01 616.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-8050-536.41-15 325.00 THURMAN SUPPLY SUPPLIES 001-8050-536.31-20 48.73 SUPPLIES 001-8050-536.31-20 193.08 Ocean View Cemetery Division Total:$3,458.19 AIRPORT GARDEN CENTER SUPPLIES 001-8080-576.31-40 43.42 ANGELES CONCRETE PRODUCTS SUPPLIES 001-8080-576.31-20 60.28 SUPPLIES 001-8080-576.31-20 86.28 ANGELES MILLWORK & LUMBER LUMBER& RELATED PRODUCTS 001-8080-576.31-20 (280.35) LUMBER& RELATED PRODUCTS 001-8080-576.31-20 1,075.32 SUPPLIES 001-8080-576.31-20 112.69 SUPPLIES 001-8080-576.31-20 (209.27) SUPPLIES 001-8080-576.31-20 305.51 SUPPLIES 001-8080-576.31-20 40.19 SUPPLIES 001-8080-576.31-20 12.81 SUPPLIES 001-8080-576.31-20 84.95 SUPPLIES 001-8080-576.31-20 102.74 SUPPLIES 001-8080-576.31-20 30.33 SUPPLIES 001-8080-576.31-20 11.75 JANITORIAL SUPPLIES 001-8080-576.31-20 88.01 SUPPLIES 001-8080-576.31-20 54.98 SUPPLIES 001-8080-576.31-20 62.40 BAILEY SIGNS & GRAPHICS SIGNS, SIGN MATERIAL 001-8080-576.31-20 299.48 Page 4 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 11 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount BAILEY SIGNS & GRAPHICS SIGNS, SIGN MATERIAL 001-8080-576.31-20 816.75 FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP.001-8080-576.31-01 170.84 FIRST AID & SAFETY EQUIP.001-8080-576.31-01 44.07 GRAINGER SUPPLIES 001-8080-576.31-20 982.95 HARDWARE,AND ALLIED ITEMS 001-8080-576.35-01 53.23 GRAPPLERS INC SHIPPING AND HANDLING 001-8080-576.31-20 23.16 SUPPLIES 001-8080-576.31-20 1,295.76 HAULAWAY STORAGE REAL PROPERTY,RENT/LEASE 001-8080-576.45-30 201.92 HD SUPPLY SUPPLIES 001-8080-576.31-20 640.16 HD SUPPLY FACILITIES MAINT. BATHROOM SUPPLIES 001-8080-576.31-20 40.67 SUPPLIES 001-8080-576.31-20 (640.16) SUPPLIES 001-8080-576.31-20 640.16 MISC EMPLOYEE EXPENSE REIMBURSEMENT SHAY - SAFETY BOOT REIMBU 001-8080-576.31-01 300.00 MUTT MITT PLASTICS 001-8080-576.31-01 4,791.16 PORT ANGELES POWER EQUIPMENT SUPPLIES 001-8080-576.31-01 8.68 PORT OF PORT ANGELES RENT 001-8080-576.45-30 6,423.23 REAL PROPERTY,RENT/LEASE 001-8080-576.45-30 6,423.83 REAL PROPERTY,RENT/LEASE 001-8080-576.45-30 (4,183.67) RAINBOW SWEEPERS, INC TEMP FENCING/DREAM PLGRND 001-8080-576.45-30 1,033.60 SPORTING & ATHLETIC EQUIP 001-8080-576.31-20 1,987.43 RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 788.80 RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 1,033.60 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 17.75 SUPPLIES 001-8080-576.31-20 125.07 SUPPLIES 001-8080-576.31-20 234.00 EQUIP MAINT & REPAIR SERV 001-8080-576.31-20 1,132.29 SUPPLIES 001-8080-576.31-20 (18.91) SUPPLIES 001-8080-576.31-20 18.91 HAND TOOLS ,POW&NON POWER 001-8080-576.31-20 17.36 SHOES AND BOOTS 001-8080-576.31-01 174.13 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 18.48 SUPPLIES 001-8080-576.31-20 80.52 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 18.91 Page 5 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 12 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount Parks Facilities Division Total:$26,676.20 Parks & Recreation Department Total:$31,123.74 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 001-8112-555.31-20 8.24 Senior Center Facilities Division Total:$8.24 ANGELES MILLWORK & LUMBER SUPPLIES 001-8131-518.31-20 35.84 SUPPLIES 001-8131-518.31-20 135.94 SUPPLIES 001-8131-518.31-20 74.99 HD SUPPLY FACILITIES MAINT. SUPPLIES 001-8131-518.31-20 (211.03) SUPPLIES 001-8131-518.31-20 (142.20) SUPPLIES 001-8131-518.31-20 211.03 SUPPLIES 001-8131-518.31-20 27.11 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 44.63 Central Svcs Facilities Division Total:$176.31 Facilities Maintenance Department Total:$184.55 General Fund Fund Total:$160,270.83 AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.102-7230-542.31-01 172.71 SECURITY,FIRE,SAFETY SERV 102-7230-542.31-01 19.31 SUPPLIES 102-7230-542.31-01 43.13 FIRST AID & SAFETY EQUIP.102-7230-542.31-01 29.39 SECURITY,FIRE,SAFETY SERV 102-7230-542.31-01 (9.65) SECURITY,FIRE,SAFETY SERV 102-7230-542.31-01 (4.43) ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS 102-7230-542.31-20 99.18 PAINTS,COATINGS,WALLPAPER 102-7230-542.31-25 158.73 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 254.28 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 39.47 LUMBER& RELATED PRODUCTS 102-7230-542.31-25 42.79 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 1,866.40 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 1,117.47 LEITZ FARMS, INC AUTO & TRUCK MAINT. ITEMS 102-7230-542.31-01 23.87 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 102-7230-542.41-50 38.55 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 19.09 MISC PROFESSIONAL SERVICE 102-7230-542.47-10 21.72 SNAP-ON TOOLS - SARGENT TOOLS LLC HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 126.87 Page 6 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 13 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 23.93 FASTENERS, FASTENING DEVS 102-7230-542.31-20 67.26 FASTENERS, FASTENING DEVS 102-7230-542.35-01 28.62 THURMAN SUPPLY AIR CONDITIONING & HEATNG 102-7230-542.31-01 84.94 Street Division Total:$4,263.63 Public Works-Street Department Total:$4,263.63 Street Fund Total:$4,263.63 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 107-0000-237.00-00 409.40 Division Total:$409.40 Department Total:$409.40 MCFALL, BARBARA MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 MISC TRAVEL D LABOY-NW LEADERSHIP SEM 107-5160-528.43-11 182.00 M RIFE-NW LEADERSHIP SEMI 107-5160-528.43-11 182.00 PETEK & ASSOCIATES HEALTH RELATED SERVICES 107-5160-528.41-50 385.00 HEALTH RELATED SERVICES 107-5160-528.41-50 770.00 RACOM CORPORATION RADIO & TELECOMMUNICATION 107-5160-528.48-10 6,976.73 Pencom Division Total:$8,895.73 Pencom Department Total:$8,895.73 Pencom Fund Total:$9,305.13 ALPINE AUTO INC EXTERNAL LABOR SERVICES 175-5260-524.41-15 (10,890.00) EXTERNAL LABOR SERVICES 175-5260-524.41-15 10,890.00 GENERAL PACIFIC INC HUMAN SERVICES 175-5260-524.43-10 800.00 LINCOLN STREET STATION SHIPPING AND HANDLING 175-5260-524.42-10 15.72 Code Enforcement Division Total:$815.72 Criminal Justice Department Total:$815.72 Code Compliance Enforcmt Fund Total:$815.72 ANGELES MILLWORK & LUMBER LUMBER& RELATED PRODUCTS 310-5950-594.65-10 1,029.95 HEWLETT-PACKARD COMPANY COMPUTER HARDWARE&PERIPHE 310-5950-594.65-10 545.71 N & N CONSTRUCTION BLDG CONSTRUC. SERVICES- 310-5950-594.65-10 22,158.20 Homeland Security Division Total:$23,733.86 Public Safety Projects Department Total:$23,733.86 NORDLAND CONSTRUCTION NORTHWEST CONSTRUCTION SERVICES,HEA 310-8985-594.65-10 151,468.51 Misc Parks Projects Division Total:$151,468.51 Capital Proj-Parks & Rec Department Total:$151,468.51 Page 7 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 14 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount Capital Improvement Fund Total:$175,202.37 PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 4,886.91 CONSULTING SERVICES 312-7930-595.65-10 9,590.92 VANIR CONSTRUCTION MGMT, INC CONSULTING SERVICES 312-7930-595.65-10 7,065.00 GF-Street Projects Division Total:$21,542.83 Capital Projects-Pub Wks Department Total:$21,542.83 Transportation Benefit Fund Total:$21,542.83 A/R MISCELLANEOUS REFUNDS DIFF OF EST VS ACT 401-0000-213.10-90 3,230.33 ANIXTER ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 2,278.33 ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 2,314.15 ELECTRICAL CABLES & WIRES 401-0000-141.42-00 46,400.47 ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 128.98 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 974.36 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,335.50 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 203.09 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 2,645.89 ELECTRICAL CABLES & WIRES 401-0000-141.41-00 2,389.61 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 1,089.00 ELECTRICAL CABLES & WIRES 401-0000-141.41-00 1,688.07 GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 7,846.02 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 106.06 FINAL BILL REFUND 401-0000-122.10-99 343.92 FINAL BILL REFUND 401-0000-122.10-99 4.56 FINAL BILL REFUND 401-0000-122.10-99 210.34 FINAL BILL REFUND 401-0000-122.10-99 211.99 Division Total:$73,400.67 Department Total:$73,400.67 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 401-7111-533.31-60 2,013.08 MILSOFT UTILITY SOLUTIONS DATA PROC SERV &SOFTWARE 401-7111-533.48-02 3,341.39 Engineering-Electric Division Total:$5,354.47 EES CONSULTING INC MISC PROFESSIONAL SERVICE 401-7120-533.49-01 324.50 MARSH MUNDORF PRATT SULLIVAN CONSULTING SERVICES 401-7120-533.49-01 346.59 NORTHWEST PUBLIC POWER ASSN MEMBERSHIPS 401-7120-533.49-01 15,825.75 Page 8 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 15 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount Power Systems Division Total:$16,496.84 AMAZON CAPITAL SERVICES FUEL,OIL,GREASE, & LUBES 401-7180-533.31-01 190.59 CUTLERY,DISHES GLASS ETC 401-7180-533.31-01 18.81 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 8.98 ANGELES MILLWORK & LUMBER GASES CONT.EQUIP:LAB,WELD 401-7180-533.31-01 85.67 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 219.34 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 566.89 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 69.27 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 1,045.60 CAPTAIN T'S NOTIONS & RELATED SEWING 401-7180-533.31-01 19.75 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 401-7180-533.44-50 104,342.31 ESRI INC DATA PROC SERV &SOFTWARE 401-7180-533.48-02 2,500.00 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 164.85 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 890.25 FIRE PROTECTION EQUIP/SUP 401-7180-533.34-02 821.73 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 226.63 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 824.53 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 905.95 MATT'S TOOLS USA, LLC HAND TOOLS ,POW&NON POWER 401-7180-533.35-01 18.02 HAND TOOLS ,POW&NON POWER 401-7180-533.35-01 340.73 JANITORIAL SUPPLIES 401-7180-533.31-01 136.11 MISC EMPLOYEE EXPENSE REIMBURSEMENT CDL REIMBURSMENT 401-7180-533.49-90 207.03 CDL REIMBURSEMENT 401-7180-533.49-90 215.27 MISC TRAVEL J NELSON-ADMIN PROF SERIE 401-7180-533.43-10 516.65 PUGET SOUND HARDWARE, INC HARDWARE,AND ALLIED ITEMS 401-7180-533.31-20 631.29 ROHLINGER ENTERPRISES INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 193.58 SHI INTERNATIONAL CORP COMPUTERS,DP & WORD PROC. 401-7180-533.31-60 93.02 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 401-7180-533.31-01 26.10 US BANK-DEBT SVC WIRES FINANCIAL SERVICES 401-7180-592.83-10 6,700.00 Electric Operations Division Total:$121,978.95 Public Works-Electric Department Total:$143,830.26 Electric Utility Fund Total:$217,230.93 HEMPEL PIPE & SUPPLY INC PIPE FITTINGS 402-0000-237.00-00 (58.72) Division Total:($58.72) Department Total:($58.72) Page 9 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 16 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.402-7380-534.31-01 271.80 SUPPLIES 402-7380-534.31-01 27.31 AUTO & TRUCK MAINT. ITEMS 402-7380-534.31-01 34.67 FIRST AID & SAFETY EQUIP.402-7380-534.31-01 491.13 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 239.56 COMPUTERS,DP & WORD PROC. 402-7380-534.31-01 872.38 ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 103.68 FASTENERS, FASTENING DEVS 402-7380-534.31-20 82.22 PAINTING EQUIPMENT & ACC 402-7380-534.31-20 11.63 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPL 402-7380-534.31-20 (4,356.00) ELECTRICAL EQUIP & SUPPL 402-7380-534.31-20 4,356.00 ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 4,356.00 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 402-7380-534.44-50 23,425.97 DR. PANZA LLC HEALTH RELATED SERVICES 402-7380-534.49-90 210.00 ESRI INC DATA PROC SERV &SOFTWARE 402-7380-534.48-02 2,500.00 FASTENAL INDUSTRIAL CLOTHING & APPAREL 402-7380-534.31-01 92.74 FERGUSON ENTERPRISES INC PIPE AND TUBING 402-7380-534.31-20 761.21 HEMPEL PIPE & SUPPLY INC PIPE FITTINGS 402-7380-534.31-20 718.52 INTERWEST CONSTRUCTION, INC. CONSTRUCTION SERVICES,HEA 402-7380-534.48-10 28,826.85 MISC CITY CONSERVATION REBATES RAIN BARREL REBATE - J. S 402-7380-534.49-90 25.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET - 8" MAIN BRE 402-7380-534.31-01 55.50 MEAL TICKET - 8" MAIN BRE 402-7380-534.31-01 55.50 MEAL TICKET - 8" MAIN BRE 402-7380-534.31-01 55.50 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 402-7380-534.41-50 38.55 PLATT ELECTRIC SUPPLY INC METALS,BARS,PLATES,RODS 402-7380-534.31-20 11.95 ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 54.10 PROFESSIONAL TRAINING ASSN HUMAN SERVICES 402-7380-534.43-10 100.00 HUMAN SERVICES 402-7380-534.43-10 100.00 REG CODE 4983-1002-1-E39A 402-7380-534.43-10 100.00 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 50.34 MISC PROFESSIONAL SERVICE 402-7380-534.47-10 163.49 QUARRY, THE PORT ANGELES, LLC ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 296.48 SHERWIN-WILLIAMS COMPANY, THE PAINTS,COATINGS,WALLPAPER 402-7380-534.31-20 6,164.96 Page 10 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 17 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 217.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 295.00 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 402-7380-534.31-01 126.17 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 156.58 THURMAN SUPPLY PIPE AND TUBING 402-7380-534.31-20 22.65 ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 74.19 METALS,BARS,PLATES,RODS 402-7380-534.31-20 683.57 FASTENERS, FASTENING DEVS 402-7380-534.31-20 65.34 UNITED RENTALS NORTHWEST INC AUTO SHOP EQUIPMENT & SUP 402-7380-534.45-30 2,041.36 WALTER E NELSON CO BUTCHER SHOP & MEAT EQUIP 402-7380-534.31-05 1,037.63 WASHINGTON (DOH), STATE OF ENVIRONMENTAL&ECOLOGICAL 402-7380-534.49-90 11,255.70 Water Division Total:$86,272.23 ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 402-7382-534.35-01 78.35 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 53.20 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 402-7382-534.31-01 315.53 Industrial Water Treatmnt Division Total:$447.08 Public Works-Water Department Total:$86,719.31 Water Utility Fund Total:$86,660.59 AMAZON CAPITAL SERVICES RETURN 403-7480-535.31-01 (34.95) FIRST AID & SAFETY EQUIP.403-7480-535.31-01 254.53 SUPPLIES 403-7480-535.31-01 27.31 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 369.17 ANGELES MILLWORK & LUMBER ROAD/HGWY HEAVY EQUIPMENT 403-7480-535.31-01 5.71 BAXTER AUTO PARTS #15 AUTO SHOP EQUIPMENT & SUP 403-7480-535.31-01 20.89 COLE INDUSTRIAL INC STEAM & HOT WATER BOILERS 403-7480-535.31-20 1,331.56 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 403-7480-535.44-50 19,977.16 DR. PANZA LLC HEALTH RELATED SERVICES 403-7480-535.49-90 420.00 EDGE ANALYTICAL WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 83.51 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 813.91 WATER SEWAGE TREATMENT EQ 403-7480-535.41-50 59.40 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 59.40 ESRI INC DATA PROC SERV &SOFTWARE 403-7480-535.48-02 2,500.00 FEDERAL EXPRESS CORP SHIPPING CHARGES 403-7480-535.42-10 344.59 SHIPPING CHARGES 403-7480-535.42-10 46.44 GRANICH ENGINEERED STEAM & HOT WATER BOILERS 403-7480-535.31-20 2,179.58 Page 11 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 18 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount PRODUCTS INC HARTNAGEL BUILDING SUPPLY INC PLASTICS 403-7480-535.31-01 34.21 HD SUPPLY FACILITIES MAINT. SUPPLIES 403-7480-535.35-01 142.20 JOHNSON CONTROLS SECURITY SOLUTIONS CONSULTING SERVICES 403-7480-535.41-50 219.89 MATT'S TOOLS USA, LLC HOSP SURG ACCES & SUNDRIS 403-7480-535.31-01 217.80 MCMASTER-CARR SUPPLY CO HAND TOOLS ,POW&NON POWER 403-7480-535.35-01 679.05 NAPA AUTO PARTS AUTO SHOP EQUIPMENT & SUP 403-7480-535.31-01 173.43 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 373.37 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 403-7480-535.41-50 38.54 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-20 570.89 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 742.78 SHI INTERNATIONAL CORP COMPUTERS,DP & WORD PROC. 403-7480-535.48-02 467.94 SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.403-7480-535.31-01 (54.31) FIRST AID & SAFETY EQUIP.403-7480-535.31-01 108.62 JANITORIAL SUPPLIES 403-7480-535.31-01 140.71 SHOES AND BOOTS 403-7480-535.31-01 145.68 SHOES AND BOOTS 403-7480-535.31-01 143.50 THURMAN SUPPLY HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 36.22 Wastewater Division Total:$32,638.73 Public Works-Wastewater Department Total:$32,638.73 Wastewater Utility Fund Total:$32,638.73 A/R MISCELLANEOUS REFUNDS DUPLICATE PAYMENT 404-0000-213.10-90 31.11 Division Total:$31.11 Department Total:$31.11 AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.404-7538-537.31-01 185.45 FIRST AID & SAFETY EQUIP.404-7538-537.31-01 212.36 FEED,BEDDING,VIT-ANIMALS 404-7538-537.31-01 49.24 ANGELES MILLWORK & LUMBER ELECTRICAL CABLES & WIRES 404-7538-537.31-01 67.15 JANITORIAL SUPPLIES 404-7538-537.31-01 23.58 BRADY TRUCKING INC MISCELLANEOUS SERVICES 404-7538-537.41-51 37,823.76 CLEAN EARTH EVIRONMENTAL SOLUTIONS PW CONSTRUCTION & RELATED 404-7538-537.41-50 773.98 PW CONSTRUCTION & RELATED 404-7538-537.41-50 773.98 PW CONSTRUCTION & RELATED 404-7538-537.41-50 706.68 Page 12 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 19 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 404-7538-537.44-50 25,928.19 DR. PANZA LLC HEALTH RELATED SERVICES 404-7538-537.49-90 210.00 ELAVON, INC-WIRE TRANSACTION FEES 404-7538-537.41-50 5,245.30 ESRI INC DATA PROC SERV &SOFTWARE 404-7538-537.48-02 2,500.00 HARTNAGEL BUILDING SUPPLY INC ROOFING MATERIALS 404-7538-537.48-10 49.07 MISC EMPLOYEE EXPENSE REIMBURSEMENT BOOT REIMBURSEMENT 02/01/ 404-7538-537.31-01 244.30 MEAL TICKET - OVERTIME 02 404-7538-537.31-01 18.50 PARADIGM SOFTWARE, LLC DATA PROC SERV &SOFTWARE 404-7538-537.48-02 13,705.05 RADIO PACIFIC INC (KONP) FLOOR COVERING, INSTALLED 404-7538-537.41-15 220.00 SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.404-7538-537.31-01 37.92 FIRST AID & SAFETY EQUIP.404-7538-537.31-01 243.10 UNITED RENTALS NORTHWEST INC AUTO SHOP EQUIPMENT & SUP 404-7538-537.45-30 2,041.35 FUEL,OIL,GREASE, & LUBES 404-7538-537.48-10 202.55 WASTE CONNECTIONS, INC MISC PROFESSIONAL SERVICE 404-7538-537.49-94 497,500.00 SW - Transfer Station Division Total:$588,761.51 AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.404-7580-537.31-01 185.44 SUPPLIES 404-7580-537.31-01 27.30 MISC TRAVEL J FROJEN-DROP OFF SAMPLES 404-7580-537.43-10 29.50 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 404-7580-537.41-50 38.55 Solid Waste-Collections Division Total:$280.79 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 23,126.25 MISC TRAVEL J SAGE-DROP OFF SAMPLES/T 404-7585-537.43-10 29.50 J SAGE-SAMPLE DELIVERY TO 404-7585-537.43-10 14.75 PLATT ELECTRIC SUPPLY INC BUILDING MAINT&REPAIR SER 404-7585-537.31-20 248.39 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 404-7585-537.35-01 112.36 Solid Waste-Landfill Division Total:$23,531.25 Public Works-Solid Waste Department Total:$612,573.55 Solid Waste Utility Fund Total:$612,604.66 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 406-0000-237.00-00 28.60 Division Total:$28.60 Department Total:$28.60 AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.406-7412-538.31-01 17.27 SUPPLIES 406-7412-538.31-01 27.30 DEPARTMENT OF REVENUE EXCISE TAX RETURNS-JAN 406-7412-538.49-50 412.54 Page 13 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 20 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount ESRI INC DATA PROC SERV &SOFTWARE 406-7412-538.48-02 2,500.00 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 406-7412-538.31-01 79.00 OSBORN CONSULTING, INC CONSULTING SERVICES 406-7412-538.41-50 6,662.55 PORT ANGELES POWER EQUIPMENT MACHINERY & HEAVY HRDWARE 406-7412-538.31-01 23.87 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 406-7412-538.31-01 163.21 SHOES AND BOOTS 406-7412-538.31-01 201.18 SHOES AND BOOTS 406-7412-538.35-01 168.65 THURMAN SUPPLY PIPE AND TUBING 406-7412-538.31-20 479.80 Stormwater Division Total:$10,735.37 Public Works-Wastewater Department Total:$10,735.37 Stormwater Utility Fund Total:$10,763.97 LIFE ASSIST SUPPLIES 409-6025-526.31-01 3,110.98 SUPPLIES 409-6025-526.31-13 160.61 SUPPLIES 409-6025-526.31-13 377.16 SUPPLIES 409-6025-526.31-01 4,061.08 SUPPLIES 409-6025-526.31-13 198.16 SUPPLIES 409-6025-526.31-01 1,599.88 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,393.47 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 655.92 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 529.96 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 419.53 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 15.60 SUPPLIES 409-6025-526.31-01 587.87 OLYMPIC AMBULANCE INC 4TH QTR AMBULANCE 409-6025-526.41-50 9,116.74 OLYMPIC MEDICAL CENTER VERRINDER 409-6025-526.41-50 642.00 OLYMPIC PENINSULA COMMUNITY CLINIC HEALTH RELATED SERVICES 409-6025-526.41-50 15,651.04 SYSTEMS DESIGN WEST, LLC HUMAN SERVICES 409-6025-526.41-50 2,713.26 WFCA'S FIRE SERVICE BOOKSTORE COMMUNICATIONS/MEDIA SERV 409-6025-526.41-50 575.00 ZOLL MEDICAL CORPORATION SUPPLIES 409-6025-526.31-01 613.58 SUPPLIES 409-6025-526.31-01 805.16 Medic I Division Total:$43,227.00 Fire Department Total:$43,227.00 Medic I Utility Fund Total:$43,227.00 Page 14 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 21 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount CASCADIA LAW GROUP HARBOR CLEANUP 413-7481-535.41-50 526.40 HARBOR CLEANUP 413-7481-535.41-50 1,809.50 PKG LAW, PS HARBOR CLEANUP 413-7481-535.41-50 3,616.26 HARBOR CLEANUP 413-7481-535.41-50 5,565.00 Wastewater Remediation Division Total:$11,517.16 Public Works-Wastewater Department Total:$11,517.16 Harbor Clean Up Fund Total:$11,517.16 DAVE'S HEATING & COOLING SVC AIR CONDITIONING & HEATNG 421-7121-533.49-86 10,000.00 AIR CONDITIONING & HEATNG 421-7121-533.49-86 800.00 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 421-7121-533.31-01 125.65 PORT OF PORT ANGELES EQUIP MAINT & REPAIR SERV 421-7121-533.49-86 1,040.00 Conservation Division Total:$11,965.65 Public Works-Electric Department Total:$11,965.65 Conservation Fund Total:$11,965.65 FERGUSON ENTERPRISES INC SUPPLIES 452-7388-594.65-10 1,877.06 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 452-7388-594.65-10 5,000.00 N & N CONSTRUCTION CONSTRUCTION SERVICES,HEA 452-7388-594.65-10 39,113.52 Water Projects Division Total:$45,990.58 Public Works-Water Department Total:$45,990.58 Water Utility CIP Fund Total:$45,990.58 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 453-7488-594.65-10 4,015.00 Wastewater Projects Division Total:$4,015.00 Public Works-Wastewater Department Total:$4,015.00 WasteWater Utility CIP Fund Total:$4,015.00 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 454-7588-594.65-10 5,000.00 Solid Waste Coll Projects Division Total:$5,000.00 Public Works-Solid Waste Department Total:$5,000.00 Solid Waste Utility CIP Fund Total:$5,000.00 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 13,219.46 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 37.68 DOBBS PETERBILT INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 201.92 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 10.55 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 6.95 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 20.03 Page 15 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 22 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 98.09 PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 849.17 PEORIA FORD POLICE EQUIPMENT & SUPPLY 501-0000-237.00-00 (5,021.38) PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 669.13 SIRENNET.COM AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 401.19 Division Total:$10,492.79 Department Total:$10,492.79 ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 1.75 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 8.43 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.49 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 26.14 FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 14.07 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 43.85 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 204.55 BUD CLARY FORD/HYUNDAI AUTO MAJOR TRANSPORTATION 501-7630-594.64-10 54,241.32 AUTO MAJOR TRANSPORTATION 501-7630-594.64-10 54,241.32 AUTO MAJOR TRANSPORTATION 501-7630-594.64-10 54,241.32 CUMMINS NORTHWEST INC RENTAL/LEASE EQUIPMENT 501-7630-548.48-02 784.08 ECOLUBE RECOVERY, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 35.00 AUTO & TRUCK MAINT. ITEMS 501-7630-548.49-90 230.00 FASTENAL INDUSTRIAL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 49.18 HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 477.50 HERMANN BROS LOGGING & CONST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 12.18 HUGHES FIRE EQUIPMENT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 173.82 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 729.62 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 22.54 NAPA AUTO PARTS PARTS 501-7630-548.34-02 (8.56) ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 501-7630-548.41-50 38.55 PEORIA FORD POLICE EQUIPMENT & SUPPLY 501-7630-594.64-10 60,201.38 PORT ANGELES AUTO GLASS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 499.85 PRICE FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 504.01 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 98.41 SNAP-ON TOOLS - SARGENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 2,985.49 Page 16 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 23 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount TOOLS LLC TRAIL BOSS AUTO & TRUCK MAINT. ITEMS 501-7630-594.64-10 5,532.77 WILDER TOYOTA INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 413.44 Equipment Services Division Total:$235,822.50 Public Works Department Total:$235,822.50 Equipment Services Fund Total:$246,315.29 CANON USA, INC CONTRACT FINAL 502-2081-518.45-31 (8,039.99) OFFICE MACHINES & ACCESS 502-2081-518.45-31 4,131.99 OFFICE MACHINES & ACCESS 502-2081-518.45-31 4,131.99 CITIES DIGITAL DATA PROC SERV &SOFTWARE 502-2081-518.48-02 33,845.03 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL TICKET COUNCIL MTG C 502-2081-518.31-01 37.00 SUPERION, LLC DATA PROC SERV &SOFTWARE 502-2081-518.48-02 756.46 VERIZON WIRELESS 02-15 A/C 842160242-00001 502-2081-518.42-10 3,765.68 ZOHO CORPORATION DATA PROC SERV &SOFTWARE 502-2081-518.48-02 4,568.36 Information Technologies Division Total:$43,196.52 SOFTRESOURCES LLC CONSULTING SERVICES 502-2082-594.65-10 1,881.25 TYLER TECHNOLOGIES, INC DATA PROC SERV &SOFTWARE 502-2082-594.65-10 93,677.74 IT Capital Projects Division Total:$95,558.99 Finance Department Total:$138,755.51 Information Technology Fund Total:$138,755.51 AWC EMPLOYEE BENEFITS TRUST L1 MED/DEN/VIS PREMIUMS 503-1631-517.46-34 8,454.02 LIFE INSURANCE 503-1631-517.46-32 1,955.25 LTD 503-1631-517.46-31 7,008.60 MED/DEN/VIS PREMIUMS 503-1631-517.46-30 244,587.34 HSA BANK SERVICE FEE 503-1631-517.41-50 21.00 SERVICE FEE 503-1631-517.41-50 108.50 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-FEB 503-1631-517.46-35 21.99 DISABILITY BOARD-FEB 503-1631-517.46-35 197.39 DISABILITY BOARD-FEB 503-1631-517.46-35 737.37 DISABILITY BOARD-FEB 503-1631-517.46-35 2,584.00 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 108.00 Page 17 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 24 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount REDACTED REIMBURSE MEDICARE-FEB 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 154.10 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 174.70 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 442.90 REIMBURSE MEDICARE-FEB 503-1631-517.46-35 679.70 Other Insurance Programs Division Total:$375,502.66 Self Insurance Department Total:$375,502.66 Self-Insurance Fund Total:$375,502.66 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 920-0000-231.55-30 710.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-10 677.22 PAYROLL SUMMARY 920-0000-231.52-20 25,460.92 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 10.78 PAYROLL SUMMARY 920-0000-231.50-10 106,089.11 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 201.10 PAYROLL SUMMARY 920-0000-231.50-20 124,005.54 HAWAII DEPARTMENT OF TAXATION PAYROLL SUMMARY 920-0000-231.50-30 327.40 PAYROLL SUMMARY 920-0000-231.50-30 (327.40) HRA VEBA PLAN PAYROLL SUMMARY 920-0000-231.52-60 3,200.00 HSA BANK EMPLOYEE CONTRIBUTIONS 920-0000-231.52-40 4,730.98 PAYROLL SUMMARY 920-0000-231.53-11 1,050.00 PAYROLL SUMMARY 920-0000-231.53-12 257.73 JOHN HANCOCK LIFE INSURANCE PAYROLL SUMMARY 920-0000-231.52-25 1,655.54 Page 18 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 25 City of Port Angeles City Council Expenditure Report Between Feb 24, 2024 and Mar 8, 2024 Vendor Description Account Number Amount CO LEOFF PAYROLL SUMMARY 920-0000-231.51-21 36,205.78 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 32,275.44 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 1,116.83 PERS PAYROLL SUMMARY 920-0000-231.51-10 835.81 PAYROLL SUMMARY 920-0000-231.51-11 17,572.93 PAYROLL SUMMARY 920-0000-231.51-12 91,114.51 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,537.00 PAYROLL SUMMARY 920-0000-231.54-10 2,537.00 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 178.99 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 5,800.00 Division Total:$459,452.71 Department Total:$459,452.71 Payroll Clearing Fund Total:$459,452.71 Total for Checks Dated Between Feb 24, 2024 and Mar 8, 2024 $2,673,040.95 Page 19 of 19 Mar 13, 2024 6:48:47 AMMarch 19, 2024 E - 26 Date: March 19, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Ben Braudrick, Planning Supervisor Subject: Laminar Law, PLLC Contract for Hearing Examiner Services Background / Analysis: The Hearing Examiner is a professional service position. Selection of a Hearing Examiner is based on qualifications, not on competitive bid. Qualifications for the office of the Hearing Examiner are expertise in land use law and planning, and the training and experience necessary to conduct administrative or quasi- judicial hearings and issue decisions and recommendations on land use and regulatory matters. Our code provides that the City Manager shall select the Hearing Examiner, subject to ratification by the City Council. After notification from Trebucket Legal Consulting, LLC that they were ending Hearing Examiner services, staff worked with Laminar Law, PLLC to develop an identical and updated rate structure that includes a monthly retainer and per hearing flat rate. The contract is now presented to the City Council for ratification of the City Manager’s action. Funding Overview: The Community and Economic Development Department has budgeted $15,000 for Hearing Examiner Services in the Council approved 2023 Budget. Attachment: 1. Laminar Law, PLLC Legal Contract Summary: The Port Angeles Municipal Code Section 2.18.020 authorizes the City Manager to appoint a Hearing Examiner subject to Council ratification. The City’s current contracted Hearing Examiner services are provided by Trebucket Legal Consulting, LLC which has notified City staff that they are no longer providing these services. Laminar Law, PLLC has been serving the City ably as the acting Hearing Examiner. City Staff has worked with Laminar Law, PLLC to provide an identical scope and contract for retainer and fixed hearing rates to serve as the City’s new permanent Hearing Examiner. Funding: The Community and Economic Development Department has budgeted $15,000 for Hearing Examiner Services in the Council approved 2024 Budget. Recommendation: 1) Ratify the City Manager’s appointment of Laminar Law, PLLC for Hearing Examiner services; 2) authorize the City Manager to execute all related documents; and 3) authorize the City Manager to make minor modifications and necessary. March 19, 2024 E - 27 1 of 9 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND LAMINAR LAW, PLLC THIS AGREEMENT is made this _15th__ day of ____February__, 2024, between the City of Port Angeles ("City") and Laminar Law, PLLC (“Consultant" or “Laminar”). WHEREAS, Consultant is in the business of providing certain professional services specified herein, and WHEREAS, the City desires to contract with Consultant for the provision of such services and Consultant agrees to contract with the City for same; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed between the parties as follows: TERMS I.Description of Work. Consultant shall perform on-call Hearing Examiner services as described in Exhibit A, “Scope of Work," which is attached and incorporated herein by this reference, according to the standard of care for such services. Consultant shall not perform any additional services without the express permission of the City. II.Payment. A.The City shall pay the Consultant set forth in Exhibit B for the services described in this Agreement. B.Consultant shall submit a payment invoice to the City after such services have been performed, and the City shall make payment within thirty (30) days after the submittal of the approved invoice. Each invoice shall describe the tasks performed and the total hours involved in providing services. C.If the City objects to all or any portion of any invoice, it shall notify Consultant of the same within five (5) days from the date of receipt and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. III.Relationship of Parties. The parties intend that this Agreement will create an independent contractor/client relationship. The Consultant is customarily engaged in an independently established trade that encompasses the specific services provided to the City hereunder; no agent, employee, representative, or subcontractor of the Consultant shall be deemed to be the employee, agent, representative, or Attachment 1 March 19, 2024 E - 28 2 of 9 subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance, are available from the City to the Consultant or his employees, agents, representatives, or subcontractors. The Consultant will be solely and entirely responsible for its acts and the acts of the Consultant’s agents, employees, representatives, and subcontractors during the performance of this Agreement. IV. Duration of Work. This Agreement shall be effective for a period commencing from the date of February 15, 2024 to January 31, 2029 except as provided for in paragraph V below. At the expiry of the initial term of this Agreement, this Agreement shall be automatically extended for an additional one- year term unless this Agreement is terminated by either party prior to January 31, 2029. V. Termination. The City shall have the option to terminate this Agreement at any time. Termination shall be effective after thirty (30) days upon delivery of written notice to the Consultant. Th e Consultant shall have the option to terminate this Agreement after sixty (60) days upon delivery of written notice to the City unless the City determines the Consultant can be released from the contract prior to sixty days. In the event of termination, the City shall only be responsible for paying for services satisfactorily performed by Consultant to the effective date of termination. The Director of Community and Economic Development shall make the final determination about what services have been satisfactorily performed and which decision shall be final, binding, and conclusive. VI. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, Consultant, its subcontractors, or any person acting on behalf of Consultant shall not, by reason of race, religion, color, sex, national origin or presence of any sensory, mental, or physical handicap discriminate against any person who is qualified and available to perform the work to which the employment relates. VII. Indemnification. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. March 19, 2024 E - 29 3 of 9 VIII. Insurance. A. Insurance Term The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. B. No Limitation Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance Consultant shall obtain insurance of the types and coverage described below: 1. Automobile Liability insurance covering all non-owned and hired vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. The Consultant affirms that each of its independent contractors serving the City will maintain appropriate individual automobile insurance coverage throughout the course of the contract term between the parties. Further, Laminar agrees to indemnify the City of any liability that may be associated with the work its independent contractors perform under the contract in relation to individual automobile liability insurance. Both parties acknowledge that the work Laminar performs under this contract relates to Hearing Examiner services and does not involve driving or the operation of a vehicle on behalf of, or for, the City. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. D. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: March 19, 2024 E - 30 4 of 9 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. E. Other Insurance Provision The Consultant’s Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self- insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage At the City’s request, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. H. Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. J. Public Entity Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of March 19, 2024 E - 31 5 of 9 insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. IX. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. X. Assignment. Any assignment of this Agreement by Consultant without the City’s written consent shall be void. XI. Written Notice. Unless notified to the contrary, all communications regarding this Agreement shall be sent to the parties at the addresses listed below. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. The parties, however, may agree to receive notice through email but no official matter shall be considered “noticed” electronically without receipt and confirmation of such by all applicable parties. Notices should be sent to: Laminar Law, PLLC Peregrin Sorter, Attorney 1919 N. Union Ave. Tacoma, WA 98406 City of Port Angeles Calvin Goings, Deputy City Manager 321 E. Fifth Street Port Angeles, WA 98362 XII. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. XIII. Resolution of Disputes, Governing Law. Disputes shall first be attempted to be resolved by mediation, with each party paying one-half of the cost of mediation. In the event of any litigation arising out of this Agreement, the prevailing March 19, 2024 E - 32 6 of 9 party shall be reimbursed for its reasonable attorney fees from the other party. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. XVI. Documents and Record Keeping A. Ownership. All records, files, designs, drawings, specifications, data, information, materials, reports, memoranda, documents, and other work products, including all electronically stored information (“ESI”), produced or prepared by the Consultant in connection with the services rendered under this Agreement (“Documents”) are the property of the City. Upon request, the Consultant shall provide Documents to the City. B. Records Maintenance. The Parties acknowledge that the City is subject to records retention and public records laws. During the progress of the work and services provided hereunder and for a period of not less than six (6) years from the date of final payment to the Consultant, the City, and Consultant shall keep, retain, and maintain all Records defined above, pertaining to the work and services provided pursuant to this Agreement. If any public records request, litigation, claim, or audit is commenced, the Consultant shall cooperate with City and assist in producing all such Records. Records shall be retained until all public records requests, litigation, claims, or audit findings have been resolved, even though such public records request, litigation, claim, or audit continues past the six (6) year retention period. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. LAMINAR LAW, PLLC CITY OF PORT ANGELES Peregrin Sorter, Attorney Nathan A. West, City Manager By: ___ By: __________________________ March 19, 2024 E - 33 7 of 9 EXHIBIT A SERVICES AGREEMENT This conforms to the agreement between the City of Port Angeles and Laminar Law, PLLC, for Hearing Examiner services. A. The services provided by Laminar Law, PLLC will consist of the following: The Hearing Examiner shall provide those services and fulfill those duties as identified in the City’s ordinances relating to the Hearing Examiner and carry out such other responsibilities as may be agreed to between the City and the Hearing Examiner. Those services, duties, and responsibilities include preparing and maintaining Rules of Procedure; preparing for land use hearings by reviewing files and applicable laws; conducting site views of properties that are the topic of a land use hearing, when appropriate; conducting hearings on Code Enforcement matters; conducting hearings on appeals; and preparing written decisions, including findings and conclusions, on all applications, hearings and appeals heard. The Consultant shall have adequate technology and equipment to receive large volumes of records in digital format. No paper copies of permit files, hearing records, staff reports, or submitted exhibits will be provided to the Consultant by the City. Peregrin Sorter will serve as the City’s Hearing Examiner. By agreement of the parties, “pro tem” Hearing Examiners may be used by the Consultant when Mr. Sorter is unavailable or has a conflict. The City, however, retains the authority to approve of use of “pro tem” Hearing Examiners. Moreover, this contract is non-exclusive and, accordingly, the City may separately contract with other providers for hearing services if it so desires. Within sixty (60) days of the execution of this Agreement, the Parties shall agree to Rules of Procedure for use in hearings and appellate matters before the Hearing Examiner. B. The work of the Hearing Examiner will be scheduled by the City’s Department of Community and Economic Development staff in consultation with Laminar. The City and Laminar will reserve the third Thursday of every month from 8:00 am until noon to schedule any applicable hearings, including but not limited to Permitting, Code Enforcement, and appellate hearings, or any other issues requiring City and Laminar coordination. This regular time slot is meant to facilitate scheduling hearings and coordination. When necessary, however, hearings and coordination discussions may be scheduled outside this “regular” time slot by agreement of the City and Laminar, and at no additional cost. Hearings may be held in person or virtually as mutually agreed to by the City and the Consultant. The Consultant shall provide adequate technology and equipment required for successful audio and video connection capabilities. C. The Hearing Examiner shall prepare an annual report detailing matters heard in the previous year, as well as thoughts on how to improve the Hearing Examiner system. The March 19, 2024 E - 34 8 of 9 Hearing Examiner may also provide suggestions in such report on how the City may update and/or improve its municipal code where applicable. D. The Hearing Examiner shall provide at least twos training sessions, each year, to the City. March 19, 2024 E - 35 9 of 9 EXHIBIT B RATES • $825 monthly retainer covering the cost of the matters identified in the Scope of Work – Exhibit A. The parties acknowledge that this fee covers the annual cost of the Hearing Examiner providing: an annual report; maintaining Rules of Procedure; delivering at least two training sessions; and making a three-hour time slot available each month wherein hearings may be scheduled. • Permit application hearings shall be billed at the following flat rates: $ 1,750 $3,000 $3,850 • Single-Family Residential and Duplex Variances • Zoning Reclassifications • Annexation - Uncontested • Binding Site Improvement Plans • Nonresidential Variances and Conditional Use Permits • Multifamily Variances and Conditional Use Permits • Preliminary Subdivisions • Shoreline Substantial Development Permits • Street Vacations • Unclassified Use Permits • Consolidated hearings on permit applications, not including any appeals • Overlay Zones • Shoreline Variances, and • Shoreline Conditional Use Permits • Annexation - Contested • Appeals of Administrative Decisions shall be billed at $225 per hour. • Code Enforcement Hearings shall be billed at $225 per hour. • Permit Applications and other hearings not specifically provided for shall be billed at $225 per hour. March 19, 2024 E - 36 Date: To: From: Subject: March 19, 2024 City Council Mike Healy, Director of Public Works & Utilities Solid Waste Surplus Equipment Disposal Background / Analysis: As part of the agreement between the City of Port Angeles and Waste Connections, Inc. the City received ownership of miscellaneous used equipment and rolling stock. This equipment is well beyond its useful lifecycle and staff recommends that it be sold at auction with all sale proceeds credited to the Solid Waste Vehicle Replacement Fund. A list of equipment recommended for surplus is included below: Equipment recommended to be sold at auction 2004 950G Wheel Loader 930G Loader Broom Attachment 1988 Ford Air Sweeper Trommel Drum 1990 Wildcat 510 Cougar Trommel Screen John Deere 444J Loader 2003 John Deere 310SG Backhoe 1999 Chevrolet Service Truck 2006 930G Wheel Loader 2005 Sterling Type H Dump Truck Funding Overview: All proceeds received at auction will be credited to the Solid Waste Vehicle Replacement Fund. Summary: Staff is seeking City Council approval to retire and dispose of equipment at public auction that was conveyed to the City of Port Angeles as part of the agreement with Waste Connections, Inc. at the time of the transfer of responsibilities to operate the Transfer Station. The equipment recommended for surplus is well beyond useful life and offers no benefit to the Solid Waste operations primarily due to the poor condition that it was received. Funding: All proceeds received at auction will be credited to the Solid Waste Vehicle Replacement Fund. Recommendation: Authorize the City Manager to dispose, at public auction, the equipment from the Solid Waste Division listed as a part of this memorandum, and direct that all proceeds from the sale be credited to the Solid Waste Vehicle Replacement Fund. March 19, 2024 E - 37 Date: March 19, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Fire and Security Alarm Monitoring Service Agreement – Hi-Tech Security Inc. Background / Analysis: Hi-Tech Security, Inc. has provided the City’s Regional Transfer Station fire and security alarm monitoring services since 2022. The new contract funding terms will include fire alarm monitoring at $60/month and security alarm monitoring at $29.99/month; a total annual not-to exceed amount of $1,079.88. These contracts will be in place for a three-year term with annual payments for services. Funding Overview: Funding is available in the 2024 Solid Waste Professional and Contract Services budget (404-7538-537-4150) in the annual not-to-exceed amount of $1,079.88 for a three-year contract term. Summary: The purpose of this memo is to obtain City Council’s approval for fire and security alarm monitoring service contracts at the City’s Regional Transfer Station with Hi-Tech Security, Inc. of Port Angeles, WA, for a three-year contract term. Funding: Funding is available in the 2024 Solid Waste Professional and Contract Services budget (404- 7538-537-4150) in the annual not-to-exceed amount of $1,079.88 for a three-year contract term. Recommendation: Approve and authorize the City Manager to sign contracts with Hi-Tech Security, Inc. for fire and security alarm monitoring services for an annual not-to-exceed amount of $1,079.88, including applicable taxes, for a three-year contract term, and authorize the City Manager to make minor modifications to the contracts if necessary. March 19, 2024 E - 38 Date: March 19, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Shannen Cartmel, CED Manager & CDBG Grant Administrator Subject: Community Development Block Grant Funds for Serenity House of Clallam County Background / Analysis: To support Serenity House of Clallam County’s Evergreen Family Village Roofs Projects, City staff recommends the allotment of $75,000 in Community and Development Block Grant (CDBG) funds. This effort provides housing for families with income at or below 30% of Area Median Income (AMI), and who have a dependent minor. The effort will cover costs related to providing new roofs for two buildings with four dwelling units each at Evergreen Family Village, located at 2201 W. 18th Street, Port Angeles, WA 98362. Funding for this project is available from weatherization loans distributed many years ago from CDBG funds that have since been fully paid and are now available to redistribute. Funding: Funding is available in the amount of $75,000 from CDBG funds that were previous loaned for weatherization projects. The use of this $75,000 will draw down the available CDBG program income, however approximately $200,000 will still be available for CDBG approved projects, including façade improvements. Attachments: CDBG Grant Agreement with Serenity House for the Evergreen Family Village Roofs Project. Summary: To support Serenity House of Clallam County ’s Evergreen Family Village Roofs Projects, City staff recommends the allotment of $75,000 in Community and Development Block Grant (CDBG) funds. Funding: Funding is available in the amount of $75,000 from Community and Development Block Grant (CDBG) funds that were previous loaned for weatherization projects. Recommendation: 1) Approve and authorize the City’s Community Development Block Grant Administrator to sign and execute a standard agreement with Serenity House of Clallam County and 2) to authorize the City Manager to make minor modifications, as necessary. March 19, 2024 E - 39 GRANT AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND SERENITY HOUSE FOR THE PURPOSE OF CDBG FUNDING FOR EVERGREEN FAMILY VILLAGE ROOFS PROJECT This Agreement is made by and between the City of Port Angeles (“City”) and Serenity House, a Housing Authority corporation created pursuant to RCW 35.82 (“Recipient”) for two (2) new roofs at Evergreen Family Village WHEREAS, the City has provided Community and Development Block Grant (CDBG) funds to help support certain projects that serve low and/or moderate-income households and/or special-needs populations; and WHEREAS, Recipient’s Evergreen Family Village Roofs Projects a project that serves low and/or moderate-income households and/or special needs populations by providing housing for families who are literally homeless, have an income at or below 30% Area Median Income (AMI), and have a dependent minor; and WHEREAS, the Port Angeles City Council has expressly adopted policies designed to address the housing supply and the sheltering of families and individuals experiencing homelessness; and WHEREAS, to help ensure the successful operations of Recipient’s Evergreen Family Village Roofs Project the City will contribute $75,000 from its CDBG funds; and WHEREAS, it benefits the City to engage the Recipient to accomplish the Scope of Services and the objectives of the local CDBG Project. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: THE PARTIES AGREE THAT: 1. SCOPE OF SERVICES City Responsibilities The Recipient is responsible for administration of the grant and ensuring the funds are used in accordance with all program regulations that apply to the Washington State CDBG Program as administered by Washington State Department of Commerce (WSDOC). The City is responsible for providing such assistance and guidance to the Recipient as may be required to accomplish the objectives and conditions set forth in this Agreement. Recipient Responsibilities The Recipient will complete in a satisfactory and proper manner as determined by the City the work described in the Scope of Work that is attached hereto, marked as Attachment A and incorporated herein by reference, tasks to accomplish the objectives of the Project. The Recipient will periodically meet with the City to review the status of these tasks. Principal Tasks The project shall cover costs related to providing new roofs for two (2) buildings with four (4) units each at Evergreen Family Village, located at 2201 W. 18th Street, Port Angeles, WA 98362. Page 1 of 8 Attachment 1 March 19, 2024 E - 40 Page 2 of 8 2.TIME OF PERFORMACE The effective date of this Agreement will be the date the parties sign the document. This agreement will be in effect for the time period during which the Recipient remains in control of CDBG funds or other CDBG assets. 3.BUDGET The City will grant the Recipient no more than $75,000 in CDBG funds for eligible incurred costs and expenses for the Project according to the budget shown on the Attachment A. The funds for this budget consist of $75,000 from CDBG funds currently held in the City’s Housing Rehabilitation Program Fund. The City may require a more detailed budget breakdown, and the Recipient will provide such supplementary budget information in a timely fashion in the form and content prescribed by the City. Any amendments to this Agreement’s Budget must be approved in writing by the City and the Recipient. 4.PAYMENT The City will reimburse the Recipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section for all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this agreement is funded in whole or in part with CDBG funds and is therefore subject to the rules and regulations that apply to the Washington State CDBG Program as administered by WSDOC. 5.PERFORMANCE MONITORING The City will monitor the performance of the Recipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely disbursement of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Recipient within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated. 6.GENERAL CONDITIONS A.General Compliance The Recipient agrees to comply with: •The requirements of Title 24 of the Code of Federal regulations, Part 57Q (HUD regulations concerning CDBG); and •All other applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this Agreement. B.CDBG National Objective March 19, 2024 E - 41 Page 3 of 8 The Recipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C.Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Recipient will at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Recipient is an independent contractor. D.Hold Harmless The Recipient will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise solely out of the Recipient’s performance or nonperformance of the services or subject matter called for in this Agreement. E.Workers’ Compensation The Recipient will provide Workers’ Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F.Insurance and Bonding The Recipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. G.Funding Source Recognition The Recipient will ensure recognition of the roles the WA State CDBG program and the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H.Amendments The City or Recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City’s governing body. Such amendments will not invalidate this Agreement, nor relieve or release the City or Recipient from its obligations under this Agreement. I.Suspension or Termination In accordance with 24 CFR 85.43, the City may suspend or terminate this Agreement if the Recipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: •Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; •Failure, for any reason, of the Recipient to fulfill in a timely and proper manner its obligations under this Agreement. •Ineffective or improper use of funds provided under this Agreement; or •Submission by the Recipient to the City of reports that are incorrect or incomplete in any material respect. March 19, 2024 E - 42 Page 4 of 8 In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the City or the Recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City may terminate the award in its entirety. 7.ADMINISTRATIVE REQUIREMENTS A.Financial Management •Accounting Standards. The Recipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. •Cost Principles. The Recipient will administer its program in conformance with OMB Circulars A-133, “Audits of States, Local Governments, and Non-Profits”, or A-21, “Cost Principles for Educational Institutions,” as applicable. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. •Duplication of Costs. The Recipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B.Documentation and Record Keeping 1.Records to Be Maintained. The Recipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: •Records providing a full description of each activity undertaken; •Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; •Records required to determine the eligibility of activities; •Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; •Records documenting compliance with the civil rights components of the CDBG program; •Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; •Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, state and local laws and regulations applicable to CDBG-funded construction projects; and •Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2.Access to Records and Retention. All such records and all other records pertinent to this agreement and work undertaken under this Agreement will be retained by the Recipient for a period of six years after final audit of the City’s CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. 3.Audits and Inspections. All Recipient records with respect to any matters covered by this Agreement will be made available to the City, WSDOC, and duly authorized officials of the state and federal March 19, 2024 E - 43 Page 5 of 8 government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Recipient within 30 days after receipt by the Recipient. Failure of the Recipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Recipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Recipient audits and OMB Circular A-133. C.Reporting •Program Income The Recipient will report annually all program income (as deemed at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Recipient will comply with the requirements set forth at 24 CFR 570.504. •Periodic Reports The Recipient, at such times and in such forms as the City may require, will furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. •Reporting Requirements CFDA # 14.228. The Recipient shall be required to include all expenditures on the entity’s SEFA as part of their reporting requirement. D.Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: •The Recipient will transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. •Real property under the Recipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 will be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between WSDOC and the City is closed. If the Recipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Recipient will pay the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program’s approval. Such payment will constitute program income to the City. The Recipient may retain real property acquired or improved under this Agreement after the expiration of the ten-year period. •In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Recipient for activities March 19, 2024 E - 44 Page 6 of 8 under this Agreement will be (a) transferred to the City for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the City. 8.PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. B.Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: •The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. •The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and WSDOC issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. •The Recipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of his commitments under this Section 3 clause and will March 19, 2024 E - 45 Page 7 of 8 post copies of the notice in conspicuous places available to employees and applicants for employment or training. •The Recipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135. The Recipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. •Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD and WSDOC issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. C. Conduct Assignability •The Recipient will not assign or transfer any interest in this Agreement without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Recipient from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the City and WSDOC. Conflict of Interest •No member of the City’s governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this agreement; and each party is responsible for that party’s compliance. •The Recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which includes maintaining a written code or standards of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. •The Recipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Recipient further covenants that in the performance of this Agreement, no person having such interest will be employed. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions •The Recipient certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. •Where the Recipient is unable to certify to any of the statements in this contract, such Recipient will attach an explanation to this contract. •The Recipient further agrees by signing this contract that it will not knowingly enter into any lower tier March 19, 2024 E - 46 Page 8 of 8 covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. D.Copyright If this Agreement results in any copyrightable material or inventions, the City and/or WSDOC reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E.Religious Activities The Recipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. F.Personnel The Recipient represents that it has, or will secure at its own expense, all personnel required to fully perform under this contract. Such personnel shall not be employees of, or have any contractual relationship to, the City. All services required hereunder will be performed by the Recipient or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. 9.SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 10.PERFORMANCE WAIVER The City’s failure to act with respect to a breach by the Recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 11.ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and the Recipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Recipient with respect to this Agreement. IN WITNESS WHEREOF, the City and the Recipient have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES SERENITY HOUSE OF CLALLAM COUNTY By:_________________________________ By:________________________________ Title:_______________________________ Title:_______________________________ Date:_______________________________ Date:_______________________________ Approved as to form: ___________________________________ City Attorney March 19, 2024 E - 47 Date: March 19, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Vehicle Purchase – Purchase of New Stormwater Division Vehicle #2442 Background / Analysis: The new vehicle will be a 2024 Ford F150 4x4 Crew Cab truck, with a 3.5L PowerBoost Full Hybrid V6 engine. This purchase furthers Equipment Services efforts to consolidate and streamline the fleet while adhering to the City’s Climate Resiliency Plan. Funding Overview: This vehicle replacement is identified in the 2024 budget (501-7630-594-6410), and through the approved 2024-2029 Equipment Services Capital Facilities Plan, including applicable tax and accessories. This purchase will require a budget amendment of $6,209.75. Funds are available in the Equipment Services Equipment Replacement Fund (501-7630-594-6410). Pricing from the Washington State Purchasing Cooperative contract is summarized below: New Vehicle Type Vehicle Budget WSPC Bid Accessories Replacing Vehicle 2024 Ford F150 4x4 Full Hybrid Truck $60,000.00 $62,709.75 $3,500.00 Total Cost $66,209.75 Summary: The Stormwater Division new vehicle #2442 is an addition to the fleet due to an increase in staffing and duties within the division. Through the City’s membership in the Washington State Purchasing Cooperative, participating vendor Bud Clary Ford of Longview, WA was chosen from the cooperative vendors list, Contract No. 05916. Funding: This vehicle replacement is identified in the 2024 budget (501-7630-594-6410) through the approved 2024-2029 Equipment Services Capital Facilities Plan. A budget amendment in the amount of $6,209.75 will be required to complete this purchase. Recommendation: 1. Approve the purchase of a new Stormwater Division vehicle from Bud Clary Ford for an amount not to exceed $66,209.75, including tax and accessories. 2. Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. March 19, 2024 E - 48 Date: March 19, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Vehicle Purchase – Replacement of Wastewater Division Vehicle #4600 Background / Analysis: The Wastewater Division vehicle #4600 is 20 years old with over 107,000 miles. It is necessary to replace #4600, as it has reached the end of its useful service life. It will be replaced by a 2024 Ford F150 4x4 Crew Cab truck, with a 3.5L PowerBoost Full Hybrid V6 engine. This purchase furthers Equipment Services efforts to consolidate and streamline the fleet while adhering to green fleet requirements and the City’s Climate Resiliency Plan. Funding Overview: This vehicle replacement is identified in the 2024 budget (501-7630-594-6410), and through the approved 2024-2029 Equipment Services Capital Facilities Plan, including applicable tax and accessories. This purchase will require a budget amendment of $25,509.75. Funds are available in the Equipment Services Equipment Replacement Fund (501-7630-594-6410). Pricing from the Washington State Purchasing Cooperative contract is summarized below: Summary: The Wastewater Division vehicle #4600 is a 2004 GMC 1500 truck. It is recommended for replacement in 2024, as it has reached the end of its useful service life. Through the City’s membership in the Washington State Purchasing Cooperative, participating vendor Bud Clary Ford of Longview, WA was chosen from the cooperative vendors list, Contract No. 05916. Funding: This vehicle replacement is identified in the 2024 budget (501-7630-594-6410) through the approved 2024–2029 Equipment Services Capital Facilities Plan in the amount of $40,700. A budget amendment in the amount of $25,509.75 will be required to complete this purchase. Recommendation: 1. Approve the purchase of a new Wastewater Division vehicle that is the functional equivalent of existing vehicle #4600 from Bud Clary Ford, for an amount not to exceed $66,209.75, including tax and accessories. 2. Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3. Authorize the City Manager to surplus vehicle #4600, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City Fleet. March 19, 2024 E - 49 New Vehicle Type Vehicle Budget WSPC Bid Accessories Replacing Vehicle 2024 Ford F150 4x4 Crew Cab Hybrid Truck $40,700.00 $62,709.75 $3,500.00 #4600, 2004 GMC Sierra 1500 Truck Total Cost $66,209.75 March 19, 2024 E - 50 Date: March 19, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Vehicle Purchase – Replacement of Parks Department Vehicle #4700 Background / Analysis: The Parks Department vehicle #4700 is 20 years old with over 91,000 miles. It is necessary to replace this vehicle, as it has reached the end of its useful service life and due to age, it is costly to maintain. The replacement vehicle will be a 2024 Ford F150 4x4 Crew Cab truck, with a 3.5L PowerBoost Full Hybrid V6 engine. This purchase furthers Equipment Services efforts to consolidate and streamline the fleet while also adhering to the City’s Climate Resiliency Plan. Funding Overview: This vehicle replacement is identified in the 2024 budget (501-7630-594-6410), and through the approved 2024-2029 Equipment Services Capital Facilities Plan, including applicable tax and accessories. This purchase will require a budget amendment of $16,209.75. Funds are available in the Equipment Services Equipment Replacement Fund (501-7630-594-6410). Pricing from the Washington State Purchasing Cooperative contract is summarized below: Summary: The Parks Department vehicle #4700 is a 2004 GMC 1500 truck. It is recommended for replacement in 2024, as it has reached the end of its useful service life. Through the City’s membership in the Washington State Purchasing Cooperative, participating vendor Bud Clary Ford of Longview, WA was chosen from the cooperative vendors list, Contract No. 05916. Funding: This vehicle replacement is identified in the 2024 budget (501-7630-594-6410) through the approved 2024-2029 Equipment Services Capital Facilities Plan in the amount of $50,000. A budget amendment in the amount of $16,209.75 will be required to complete this purchase. Recommendation: 1. Approve the purchase of a new Parks Department vehicle that is the functional equivalent of existing vehicle #4700 from Bud Clary Ford, for an amount not to exceed $66,209.75, including tax and accessories. 2. Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3. Authorize the City Manager to surplus vehicle #4700, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. March 19, 2024 E - 51 New Vehicle Type Vehicle Budget WSPC Bid Accessories Replacing Vehicle 2024 Ford F150 4x4 Full Hybrid Truck $50,000.00 $62,709.75 $3,500.00 #4700, 2004 GMC Sierra 1500 Truck Total Cost $66,209.75 March 19, 2024 E - 52 Date: February 6, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Vehicle Purchase – Replacement of Light Operations Division Forklift #4901 Background / Analysis: The Light Operations vehicle #4901 is the only forklift available at the City Light Valley Street Operations Storage Yard. This forklift is utilized by Light Operations personnel in their daily operations. It is necessary to replace this vehicle, as it has reached the end of its useful and reliable service life. This vehicle will be replaced by a 2024 Hyster J100XN, 10,000lb Electric Forklift. The electric unit furthers Equipment Services efforts to consolidate and streamline the fleet while adhering to green fleet requirements and the City’s Climate Resiliency Plan and providing Light Operations a more reliable and safe unit. Funding Overview: This vehicle 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 $68,200. Pricing from the Washington State Purchasing Cooperative is summarized below: Summary: The Light Operations Division vehicle #4901 is a 2004 Toyota 10,000lb forklift. It is recommended for replacement in 2024, as it has reached the end of its useful service life. This vehicle is the forklift that services the Valley Street Light Operations Storage Yard where some of the heaviest equipment is stored. 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. Funding: This vehicle 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 $68,200. Recommendation: 1. Approve the purchase of a new Light Operations Division forklift that is the functional equivalent of existing vehicle #4901 from Pape Material Handling, for an amount not to exceed $68,200, including tax and accessories. 2. Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 3. Authorize the City Manager to surplus vehicle #4901, and to dispose of that vehicle in a commercially reasonable manner, upon addition of the new vehicle to the City fleet. March 19, 2024 E - 53 New Vehicle Type Vehicle Budget State Bid Accessories Replacing Vehicle 2024 Hyster Electric Forklift $68,200.00 $57,964.07 $10,235.93 #4901, 2004 Toyota Forklift Budget Amendment Total Cost $68,200.00 March 19, 2024 E - 54 Date: March 19, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Ordinance Amendment – Right-of-Way Use Permit Insurance Requirements Background / Analysis: The City’s insurance provider is the Washington City’s Insurance Authority (WCIA). A recent audit of the City’s permit insurance requirements conducted by WCIA resulted in two recommendations: 1) amend PAMC to increase the minimum coverage amounts for right-of-way use permits and 2) add the ability to require coverages and coverage amounts differing from the minimum coverages and coverage amounts. A review of the subject section of PAMC indicates it was last revised by Ordinance 2350 on July 23, 1985, and the coverage amounts are antiquated and inadequate. Liability insurance requirements for right-of-way construction permits were amended by Ordinance 3550 on February 16, 2016. The proposed amended coverage amounts for right-of-way use permits are recommended to match the current amounts for right-of-way construction permits set forth per Ordinance 3550. A summary of these revised amounts is provided below. • Increase the minimum limit for personal injury to any one person from $300,000 to $3,000,000. • Increase the minimum limit for injury to more than one person arising out of the same incident from $300,000 to $3,000,000. • Add the minimum limit for automobile liability with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident, against claims arising pursuant to permits issued pursuant to this chapter. Summary of the other changes to Title 11 are included below: The revision to 11.12.140(A) provides the Director with the authority to require an indemnification agreement as recommended by the City Attorney’s office. The revisions to 11.12.140(C) add clarity to the permittee’s duties regarding maintenance of the permitted obstruction. Summary: This revision to Port Angeles Municipal Code (PAMC) Title 11 updates required minimum liability insurance coverages provided to the City by the permittee and the ability for the Director of Public Works & Utilities (Director) to require coverages and coverage amounts differing from the required minimums and other Code revisions. Funding: N/A Recommendation: Conduct the first reading of the proposed Ordinance amending Section 11.12.140(B) PAMC related to minimum requirements for liability insurance coverage provided to the City by the permittee and providing the Director authority to require coverage differing from the minimums, as well as revisions to 11.12.140(A)(C) & (D) PAMC. March 19, 2024 G - 1 The revision to 11.12.140(D) adds clarity regarding when a recorded agreement to remove a permanent structure found to be within the public right of way and the adjoining property owner is the party subject to the recorded agreement. Permits for new permanent private improvements within the public right of way are rarely issued and are typically for a subsurface utility. Funding: N/A Attachments: Ordinance March 19, 2024 G - 2 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 11.12.140 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 11.12.140 of the Port Angeles Municipal Code relating to right of way permit conditions is hereby repealed in its entirety and replaced with the following language: 11.12.140 - Permit—Conditions. The following shall constitute minimum conditions to be applied to the permit: A.The applicant for a permit shall execute an agreement to indemnify, defend and hold the City harmless from and against any causes of action for personal injury or property damage arising out of, or in any way connected with the issuance of a permit, the work permitted by the permit, the placement of an obstruction on a City street, sidewalk, or planting strip, and temporary closure of a City street, alley, or sidewalk. B.The applicant shall provide to the City satisfactory proof of the existence of comprehensive liability insurance from an insurer with a current A.M. Best rating of not less than A: VII, in the amounts and types required by the Director, and provide a certificate of evidence of insurance naming the City as an additional insured and a copy of the endorsement(s) to the policy. The insurance shall not be less than, the following: insuring against property damage and personal injury, with limits of not less than $3,000,000 per occurrence for personal injury to any one person, $3,000,000 per occurrence for injury to more than one person arising out of the same incident, and when required by the Director, Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident, against claims arising pursuant to permits issued pursuant to this chapter except for benches, litter receptacles, bicycle racks, private planters, other landscaping, fences, walls and others so exempted by the Director of Public Works and Utilities. The Director, upon making written findings that loss that could result from the work to be performed under the permit is substantially more than the insurance coverage limits set above, is hereby authorized to require coverage types and coverage amounts differing from the required minimums set forth above. A permit is not valid until the applicant satisfies the insurance requirements stated above, and failure on the part of the applicant to maintain insurance in force as required herein shall March 19, 2024 G - 3 2 constitute grounds for the City to immediately revoke this permit. In the event that any policy is cancelled, the applicant shall notify City within two business days after receipt of the notice of cancellation. The Director reserves the right to require complete certified copies of all required insurance policies at any time. C. The property owner or applicant shall maintain the obstruction in compliance with the City standards and conditions of permit approval by the City. Maintenance of the obstruction shall include the removal of litter and/or debris which may accumulate on or around the obstruction. D. For existing permanent structures placed within in the public right-of-way, including but not limited to rockeries, walls, stairs and ramps, property owner shall execute an agreement to remove the encroachment(s) within the public right-of-way. Such agreement shall guarantee removal of the encroaching improvement(s) upon public rights-of-way within 60 days written notice from the Director and shall be recorded by the property owner with the County Auditor as an encumbrance on the property adjoining the public right-of-way. Such work shall be done in accordance with the requirements deemed necessary by the Director and at the cost of the property owner. If the obstruction is not removed within the specified time frame, the obstruction may be declared a nuisance and may be removed by the City at the sole expense of the applicant. . . . . Section 2. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Section 3. - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4. - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ____ day of ______, 2024. _______________________ Kate Dexter, Mayor March 19, 2024 G - 4 3 APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk PUBLISHED: ___________________ By Summary March 19, 2024 G - 5 Date: March 19, 2024 To: City Council From: Nathan A. West, City Manager Subject: Neighborhood Association Program Discussion Background / Analysis: During the February 20, 2024, City Council meeting, it was requested by Council member Meyer that Council place an Item on a future agenda regarding a discussion on a Neighborhood Association Program. Council member Meyer asked the Council to consider establishing a way the City could navigate a pathway to such a program that would work with the City. The Council agreed by consensus to add the matter to the next agenda for discussion. Numerous jurisdictions have programs that support and empower local residents, stakeholders, and/or community organizations to varying degrees. Some examples include: Tacoma Neighborhood Council Program Kirkland Neighborhood Associations Olympia Neighborhood Associations Tumwater Neighborhood Matching Grants Lakewood Neighborhood Associations Bellevue Neighborhood Associations Everett Neighborhood Associations Bellingham Mayor’s Neighborhood Advisory Commission Funding Overview: Funding for a Neighborhood Association Program is not currently included in the Council adopted 2024 Budget. Depending on the scope of the program and expected outcomes, at least a one half-time staff member would be needed to ensure the success of the effort. Attachment: N/A Summary: During the February 20, 2024, City Council meeting, it was requested by Council member Meyer to place a Late Item on a future agenda regarding a Neighborhood Association Program. Funding: Funding for a Neighborhood Association Program is not currently included in the Council adopted 2024 Budget. Recommendation: Discuss the scope, benefits, challenges and fiscal impacts of a Neighborhood Association Program supported by the City and provide direction to City staff on any next steps and timelines. March 19, 2024 I - 1 Date: March 19, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Eric Waterkotte, Information Technology Manager Subject: Phone Options for City Council Members Background / Analysis: City Council members have requested options for City issued phones for use with official Council business. Two options are presented here for review and discussion. Option A: Mobile phones would be issued to all City Council members. Option B: Would use a secure web-based phone application to make and receive phone calls at a City managed phone number assigned to each Council member. For compliance with the Public Records Act (PRA), City staff recommend all Council members utilize the same option. Additionally, option A may provide the most robust approach to PRA retention. Research indicates that a majority of cities issue equipment to City Council members such as laptops or Microsoft surfaces and issue a city email address. Other cities provide council members with a City phone number which is then routed through an application to their personal mobile device. One exception is the City of Bainbridge Island, where they do issue mobile phones to their council members. Option A: Mobile phones issued to all Council members. • Estimated costs for seven devices o Minimum cost of $3,500 for the first year and $2,500 for each subsequent year o Maximum cost would be $5,500 for the first year and $4,500 for each subsequent year • Estimated time o Four weeks including ordering, handoff, and training Option B: Using the City’s phone service provider, staff would set up specific phone numbers for each Council member. Council members could then use a secure web-based application on their devices to make calls and check voicemail separately from their personal phone number. • Estimated costs for seven applications o $2,200 annually Summary: City Council members have requested options for City issued phones for use with official Council business. Two options are presented here for review and discussion. Option A: Mobile phones would be issued to all City Council members. Option B: Use a secure web-based phone application to make and receive phone calls at a City managed phone number assigned to each Council member. Funding: Funding for either option has not been budgeted for 2024 and would need to be identified by City Council. Recommendation: Discuss the needs of City Council, and decide which option, A or B, best fits the needs of the Council. March 19, 2024 I - 2 • Estimated time o Two weeks including ordering, handoff, and training Funding Overview: Funding currently does not exist for either of these phone options. In line with City budget practices, it is suggested that Council could reprioritize items in the Council budget for this expense, such as the use of a portion of the travel and training budget which is underutilized by approximately $4,700 a year in this category. Attachment: N/A March 19, 2024 I - 3 Date: March 19, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Kari Martinez-Bailey, City Clerk Subject: Lodging Tax Advisory Committee and Planning Commission Appointments Background / Analysis: The Ad Hoc Committee on Boards, Committees and Commission Appointments (Ad Hoc Committee) consisting of Council Member Schwab (Chair), Deputy Mayor Carr, Council Member Miller, Deputy City Manager Goings, and Clerk Martinez-Bailey was established by Council on February 6, 2024. The Ad Hoc Committee met on February 13, February 27, March 5, and March 12, 2024, to review the questionnaires and conduct interviews for applicants for the Lodging Tax Advisory Committee and Planning Commission. The Ad Hoc Committee unanimously recommends the appointments specified in Table 1 and Table 2. Table 1 – Lodging Tax Advisory Committee Recommended Appointments*: Christine Loewe Tax Recipient 3/1/2024 - 2/28/2026 Caitlin Sullivan Tax Collector 3/1/2024 - 2/28/2026 John Hauck Citizen At Large 3/1/2023 - 2/28/2025 *Re-open applications for the Lodging Tax Advisory Committee’s Citizen At Large position, starting on March 20, 2024, with a first review of applications on April 5, 2024. Table 2 – Planning Commission Recommended Appointments: Holden Fleming Commissioner 3/1/2024 - 2/29/2028 Daniel Steiger Commissioner 3/1/2024 - 2/29/2028 Anna Schorr Commissioner 3/1/2022 - 2/29/2026 Summary: The Ad Hoc Committee on Boards, Committees and Commission Appointments (Ad Hoc Committee) was established by Council on February 6, 2024. The Ad Hoc Committee met four times to review the applications and conduct interviews for vacancies on the Lodging Tax Advisory Committee and the Planning Commission The Ad Hoc Committee unanimously recommends the appointments detailed in Table 1 and Table 2. Funding: No funding or expenditures are associated with the appointment of new Committee Members or Commissioners. Recommendation: 1) Approve the recommendation of the Ad Hoc Committee for appointments to the Lodging Tax Advisory Committee as specified in Table 1; 2) approve the recommendation of the Ad Hoc Committee for appointments to the Planning Commission as specified in Table 2, and 3) re-open applications for the Lodging Tax Advisory Committee’s Citizen At Large position starting on March 20, 2024, with a first review of applications on April 5, 2024. March 19, 2024 I - 4 It should be noted that Mr. Fleming is an employee of the Clallam County Department of Community Development. As such, he will be required to recuse himself from any appearance of conflict on matters pertaining to or impacting Clallam County. Possible concerns are mitigated since the Planning Commission no longer possess quasi-judicial authority and makes recommendations, with either the City Council or City Hearing Examiner making the final decisions on planning and land use related matters. Funding Overview: No funding or expenditures are associated with the appointment of new Committee Members or Commissioners. Attachments: Attachment 1 – February 6, 2024, Ad Hoc Committee Establishment Memo Attachment 2 – Draft Ad Hoc Committee Meeting Minutes Attachment 3 – Lodging Tax Advisory Committee Applications Attachment 4 – Planning Commission Applications March 19, 2024 I - 5 Attachment 1 Date: February 6, 2024 To: City Council From: Nathan A. West, City Manager Kari Martinez-Bailey, City Clerk Subject: Ad Hoc Committee on Boards, Committees, and Commissions Appointments Background / Analysis: There are several open positions on various City of Port Angeles advisory groups. Current work is being done by Madrona Law to provide overall clarity and possible future revisions to the current code as it relates to City advisory groups and the application review process. Currently, the process of appointment varies from committee to committee. Members from advisory groups, including the Public Safety Advisory Board and the Parks, Recreation and Beautification Commission have their own internal process for reviewing applications for potential members. Once their board and commission members have made a recommendation on appointment, they forward their recommendation for final approval directly to the full Council. The Planning Commission and Lodging Tax Advisory Committee do not have similarly defined processes. The City posted to the City’s website and advertised in the Peninsula Daily Newspaper, notifying the public of the opportunity to serve the City as a volunteer. The application period has closed, running from September 1, 2023, to January 12, 2024. The applications each contained specific supplementary questions to assess the applicant's aptitude and suitability to carry out the work performed by the particular committee. Recognizing that members will need to be appointed so they may attend their first meetings in March, the City Council should consider how best to move forward relative to the application review, interview, and recommendation process. Therefore, staff is recommending that Council appoint a single ad hoc committee for 2024 to meet and review applications until the more permanent process from Madrona Law is adopted. Staff recommend the ad hoc committee be comprised of three Council members and two staff members. Including staff participation will ensure scheduling, preparation of materials for review, and assist with Summary: Council will soon need to appoint community members to various positions on the City’s Boards, Committees and Commissions. The application period to apply to these groups has now closed. Staff requests that Council appoint an ad hoc committee to review these applications, interview the applicants, and make recommendations on appointments to the full Council. Funding: Members serve without compensation. Recommendation: Appoint an ad hoc committee consisting of three Council members and two staff members to review applications, interview as necessary, and make recommendations to the full Council on various appointments as needed no later than March 15, 2024. March 19, 2024 I - 6 Attachment 1 recommendation of any appointments to the full Council. The ad hoc committee may choose to interview candidates. Proposed Time Frame: February 6 – Appoint ad hoc committee February 7 – Review applications and schedule meetings Mid to late February – Hold meetings/interviews, make recommendations to forward on to the full Council March 6 – Appoint new members to the Planning Commission, Parks Commission, and Lodging Tax Advisory Committee March 19 – Appoint new members to the Public Safety Advisory Board Funding Overview: Members serve without compensation. Attachment: Current Open Positions. March 19, 2024 I - 7 Attachment 2 1 Ad Hoc Committee Meeting Minutes - February 13, 2024 At 2:00 p.m., on February 13, 2024, the Ad Hoc Committee met to review and consider recommendations. The meeting was held in the Jack Pittis Conference room. The Committee consisted of Deputy Mayor Carr, Council member Amy Miller, Council member Drew Schwab, Deputy City Manager Calvin W. Goings, and City Clerk Kari Martinez-Bailey. The group was presented an agenda and paper copies of the applications. First order of business, the committee appointed Council member Schwab as Chair. For the Planning Commission, staff confirmed the number of vacancies at three. After discussion, the Ad Hoc Committee collectively decided to recommend Stieger and Fleming to the Council for appointment to the Planning Commission. The group also collectively decided to interview Talbot and Schorr for the remaining open position on the Planning Commission. Applications for the Planning Commission received after the due date will be held for future vacancies. The Committee expressed interest in reviewing draft questions developed by staff, first. The next meeting would be scheduled with a 30-minute pre-meeting to discuss questions and then hold the interviews. Regarding the Lodging Tax Advisory Committee, the Ad Hoc Committee determined to accept Loewe’s application for review when considering new and existing applications received until the updated closing date of March 1, due to the Council reopening the application window. The Ad Hoc Committee will re- group in early March to consider these applications and make a recommendation to be considered by Council on March 19. The group adjourned at 2:30 p.m. Ad Hoc Committee Meeting Minutes - February 27, 2024 On February 27, from 12-1:00 p.m., Deputy Mayor Carr, Council member Miller and Ad Hoc Committee Chair Schwab, along with staff Deputy City Manager Goings and Clerk Martinez-Bailey met in the Planning Conference room. During the pre-interview preparation discussion, the Ad Hoc Committee chose questions from the list of 11. Questions 2,3, 5, 7, and 10 were chosen. At 12:15 p.m., Goings welcomed Anna Schorr to the interview panel. After a 25-minute interview, Ms. Schor left and a brief discussion ensued. March 19, 2024 I - 8 Attachment 2 2 During the debrief, Clerk Martinez-Bailey provided the names of the LTAC applicants and position they were applying for. The group agreed to meet again on March 5th to interview Planning Commission candidate 2 and begin their discussion on the Lodging Tax Advisory Committee applications. The Ad Hoc Committee will meet again on March 5th where they will interview the final Planning Commission applicant and review the full applicant pool for LTAC. Ad Hoc Committee Meeting Minutes – March 5, 2024 On March 5, starting at 3:30 p.m., Deputy Mayor Carr, Council member Miller and Ad Hoc Committee Chair Schwab, along with staff of Deputy City Manager Goings and Clerk Martinez-Bailey met in the Jack Pittis Conference room. During the pre-interview preparation discussion, the Ad Hoc Committee identified the same questions from the list of 11, questions 2,3, 5, 7, and 10 to be utilized. At 3:40 p.m., Goings welcomed Kevin Talbot to the interview panel. After the interview, Mr. Talbot left, and a brief discussion ensued. Miller made the motion and Schwab seconded it to: Forward the recommendation that the following applicants be considered for appointment to the Planning Commission by the City Council: Anna Schorr to fill an unexpired term ending 02/29/2026 Holden Fleming to fill a term ending 02/29/2028 Daniel Steiger to fill a term ending 02/29/2028 Hearing no opposition, the motion carried unanimously. At 4:00 p.m., Clerk Bailey-Martinez left the panel. Shortly thereafter, Administrative Assistant Howell joined the panel in Clerk Bailey-Martinez’s place. The Ad Hoc Committee was presented with the applications for the various Lodging Tax Advisory Committee positions and a list of open positions. Discussion began on the various applications that had been received. The group collectively decided to recommend to the full Council Christine Lowe for the Tax Recipient position and Caitilin Sullivan for the Tax Collector position. It was then decided that the Committee would move forward with interviews for the Citizen-at-Large positions during the next meeting, scheduled for Tuesday, March 12th at 9 a.m. when the committee will meet at City Hall to interview Rose Dixon and John Hauck for the two open Citizen-at-Large positions. March 19, 2024 I - 9 Attachment 2 3 Ad Hoc Committee Meeting Minutes – March 12, 2024 On March 12, starting at 9:00 a.m. Deputy Mayor Carr, Council member Miller (attending virtually) and Ad Hoc Committee Chair Schwab, along with staff of Deputy City Manager Goings and Clerk Martinez- Bailey met in the Planning Conference room. During the pre-interview preparation discussion, the Committee identified the questions each participant would ask, questions 2, 5, 7, 9 and Carr added a new question #10. At 9:10 a.m., Goings welcomed Rose Dixon to the interview panel. After the interview a brief discussion ensued. At 9:35 a.m., Goings welcomed John Hauck to the interview panel. After the interview a discussion ensued. It was moved by Carr and seconded by Schwab to: Appoint Christine Loewe to the Tax Recipient position with a term ending 2/28/2026, Caitlin Sullivan to the Tax Collector position with a term ending 2/28/2026, appoint John Hauck to the Citizen-at-Large position ending 2/28/2025 and recommend that Council re-open applications for the remaining Citizen- at-Large position beginning on March 20, with a first review of applications on April 5, 2024. Hearing no opposition, the motion carried unanimously. March 19, 2024 I - 10 Date: March 19, 2024 To: City Council From: Derrell Sharp, Fire Chief Brian Smith, Police Chief Subject: Public Safety Advisory Board Appointment Background / Analysis: In accordance with the Port Angeles Municipal Code, members of the Public Safety Advisory Board provide recommendations to the City Council on all matters relating to public safety, including the appointment of Board members. Board members are appointed to four-year terms, with a limit of two consecutive terms. Michael McGuire has served on the Board since April 2021 when City Council appointed him to an unexpired term ending in February 2024. The members of the Commission and their terms are listed in the table below: Vacant Owner or Manager of a business located within the City 2/28/26 Evan Brown Owner or manager of a business located within the City 2/28/26 Kelsey Lane Representative from the PA School District 2/28/26 Vacant High School Student recommended by school administration 2/28/25 Vacant Affiliated with an associated EMS agency that operates in the City 2/28/28 Vacant Enrolled Tribal member 2/28/26 Vacant Enrolled Tribal member 2/28/28 Mary Margolis Resident who has experienced homelessness or a substance use disorder, or someone who has worked with people that have experienced homelessness or a substance use disorder 2/28/26 Vacant Represents diverse segments of the community 2/28/28 Vacant Represents diverse segments of the community 2/28/28 Jessica Johnson Represents diverse segments of the community 2/28/26 John Hauck Represents diverse segments of the community 2/28/26 On March 6, 2024, the Public Safety Advisory Board held a special meeting to consider an application that had been submitted. The Board is now forwarding a favorable recommendation to the City Council to reappoint Michael McGuire to a 4-year term being March 1, 2024 through February 29, 2028. Funding Overview: Members serve without compensation. Attachments: Public Safety Advisory Board Application Summary: The Public Safety Advisory Board sought to fill one position affiliated with an EMS agency that operates in the City during its March 6th, 2024 meeting. Funding: Members serve without compensation. Recommendation: Reappoint Michael McGuire to the vacant Public Safety Advisory Board position affiliated with an EMS agency that operates within the City for a 4-year term beginning March 2024 through February 29, 2028. March 19, 2024 I - 11 Date: March 19, 2024 To: City Council From: Calvin W. Goings, Deputy City Manager Ben Braudrick, Planning Supervisor Subject: Professional Services Agreement and Department of Commerce Grant Agreements Related to the 2025 Comprehensive Plan Periodic Update Background / Analysis: The Washington State Growth Management Act (GMA) requires jurisdictions that are planning under the GMA to periodically update and submit their Comprehensive Plans to the Washington State Department of Commerce. Port Angeles is required to complete this process by June 30, 2025. Not meeting this date could result in financial sanctions being placed on funds received from the State. The City went out for a Request For Proposals (RFP) for public outreach and technical assistance in December 2022. MAKERS Architecture and Urban Design, LLC, with the partnership of SCJ Alliance, Leland Consulting Group, and Fehr and Peers as subconsultants were the sole respondents to the RFP. In order to potentially gather a larger consultant pool for review, the RFP was resubmitted in March 2023. No other respondents submitted proposals. A taskforce of City staff representing all departments met with representatives of MAKERS over several months to discuss a final scope of work (Attachment 2). The scope includes several items that could be added on later, as well as setting up the public process and analysis of several objectives for future completion by City staff after the Periodic Update is completed. Summary: The Washington State Growth Management Act (GMA) requires jurisdictions that are planning under the GMA to periodically update their Comprehensive Plans. A consultant has been selected and a draft scope of work for the update has been developed. Additionally, the City submitted and was successfully awarded two separate grant applications by the Washington State Department of Commerce. Funding: The $322,160 Comprehensive Plan Periodic Update effort is funded through two Washington State Department of Commerce grants totaling $275,000 and a budgeted General Fund allotment of up to $70,000. Recommendation: 1) Approve and award the Professional Services Agreement with MAKERS Architecture and Urban Design, LLC in the amount of $322,160; 2) approve acceptance of the Department of Commerce Climate Planning Grant in the amount of $150,000; 3) approve acceptance of the Department of Commerce Comprehensive Plan – Periodic Update Grant in the amount of $125,000; 4) authorize the City Manager to execute and implement all related documents, agreements and future supplemental agreements; 5) authorize the City Manager to make minor modifications as necessary; and 6) appoint a Councilmember to represent the City Council at scheduled stakeholder meetings. March 19, 2024 J - 1 While working with MAKERS to develop a comprehensive scope of work, City staff successfully submitted applications and was awarded two grants administered by the Washington State Department of Commerce totaling $275,000. Funding Overview: The $322,160 Comprehensive Plan Periodic Update effort is funded through two Washington State Department of Commerce grants totaling $275,000 and a budgeted General Fund allotment of up to $70,000. Attachments: 1. MAKERS Architecture and Urban Design, LLC Professional Services Agreement 2. Scope of Work 3. Planning Schedule 4. WA Department of Commerce - Climate Planning Grant 5. WA Department of Commerce - Periodic Update Grant March 19, 2024 J - 2 Page 1 Attachment 1 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (“Agreement”) is made on this ___ day of _____________, 2024, between MAKERS Architecture and Urban Design, LLP (“Contractor”) and the City of Port Angeles (“City”). SECTION 1. PROFESSIONAL SERVICES. The services to be provided by Contractor to the City shall be under the direction of the City Manager and are as detailed in the Scope of Work attached as Exhibit A. The tasks described in the Scope of Work may be modified, from time to time as determined mutually by the City Manager and the Contractor, to accomplish the purposes of this Agreement and the tasks described in the Scope of Work, provided that the work always shall remain within the parameters stated in the Scope of Work. SECTION 2. RESPONSIBILITIES OF CONTRACTOR AND CITY. Contractor will perform the professional services called for under this Agreement in accordance with the professional standards for Contractor’s industry in Washington State and Nationally. Contractor shall also keep City informed of progress and developments and respond promptly to City’s inquiries and communications. City will be truthful and cooperative with Contractor, keep Contractor reasonably informed of developments, and timely make any payments required by this Agreement. SECTION 3. COMPENSATION. A. City will pay Contractor on an hourly basis for the professional services provided under this Agreement pursuant to the fees listed in the Budget Estimate section of Exhibit A. charged for any particular activity will be one tenth of an hour. Contractor will charge for all activities undertaken in providing services to City under this Agreement, including, but not limited to, the following: attending meetings; reviewing and preparing correspondence and legal documents; performing legal research; preparing written materials; drafting of ordinances, and resolutions and engaging in telephone conversations. When two of more of Contractor’s personnel are engaged in working on a matter at the same time, such as in conferences between them, the time of each will be charged at his or her hourly rate. Contractor may review its hourly rates once per year. If, while this Agreement is in effect, Contractor implements an increase in the hourly rates being charged to the City, that increase may be applied to fees incurred under this Agreement, but only with respect to services provided thirty (30) days or more after written notice of the increase is mailed to City. If City declines to accept the increased rates, the parties may negotiate an alternate rate, or City may terminate this Agreement by written notice effective when received by Contractor. March 19, 2024 J - 3 Page 2 B. Notwithstanding any other provision of this agreement, the total amount of compensation and cost reimbursement payable to the Contractor under this agreement shall not exceed $322,160.00. SECTION 4. COSTS. City will pay relevant costs in connection with Contractor’s work for the City under this Agreement. SECTION 5. STATEMENTS A. Contractor shall render to City a statement for fees, costs, and expenses incurred on a periodic basis (generally monthly). Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed. Separate billing categories may be established to track costs associated with City funding categories or to track project costs, or such other basis as the City may direct. Reimbursable costs shall be separately itemized. B. Payments shall be made by City within thirty (30) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. SECTION 6. INDEPENDENT CONTRACTOR Contractor shall perform all professional services required under this Agreement as an independent contractor of City, and shall remain, at all times as to City, a wholly independent contractor with only such obligations as are required under this Agreement. Employees of the Contractor, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the Contractor only and not of the City, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor’s employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor. In performing this Agreement, the Contractor shall not employ or contract with any City employee without the City's written consent. Contractor shall not accept any employment or perform any services where there is, or reasonably could arise, a conflict between the interests of the City and the interests of any of Contractor’s other clients. SECTION 7. INSURANCE. Contractor shall maintain for the duration of this Agreement professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Contractor shall March 19, 2024 J - 4 Page 3 provide City with written notice of any policy cancellation within two business days of their receipt of such notice. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which City may, after giving five business days’ notice to Contractor to correct the breach, immediately terminate the contract. In addition to the professional liability insurance, the Contractor shall comply with the following: Indemnification / Hold Harmless Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. A. Insurance Term The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. B. No Limitation The Contractor’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance The Contractor shall obtain insurance of the types and coverage described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. D. Minimum Amounts of Insurance The Contractors shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. March 19, 2024 J - 5 Page 4 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. E. Other Insurance Provision The Contractor’s Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. H. Notice of Cancellation The Contractor shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. J. City Full Availability of Contractor’s Limits If the Contractor maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor. SECTION 8. NOTICES Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified, or by delivery of same into the custody of the United States Postal Service, or its lawful successor; postage prepaid and addressed as follows: CITY: Legal Department City of Port Angeles 321 E. 5th St. March 19, 2024 J - 6 Page 5 Port Angeles, WA 98362 CONTRACTOR: MAKERS Architecture and Urban Design, LLP 500 Union Street, Suite 700 Seattle, WA 98101 Service of a notice by personal service shall be deemed to have been given as of the date of such personal service. Notice given by deposit with the United States Postal Service shall be deemed to have been given two (2) consecutive business days following the deposit of the same in the custody of said Postal Service. Either party hereto may, from time to time, by written notice to the other, designate a different address or person which shall be substituted for that specified above. SECTION 9. TERM A. This Agreement shall be effective upon mutual execution by the parties and shall remain in full force and effect until terminated by either party hereto or until the tasks described in the Scope of Work are completed, whichever occurs first. City may discharge Contractor at any time. Contractor may withdraw from this Agreement upon thirty (30) days’ notice to City. B. In the event of such termination or withdrawal, City will pay Contractor’s professional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of termination. SECTION 10. OWNERSHIP OF DOCUMENTS Upon completion of the work and payment of all associated fees, all documents, exhibits, and other representation of the final work shall become the property of the City for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the Contractor. SECTION 11. NONDISCRIMINATION The Contractor shall conduct its business in a manner, which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The Contractor shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, March 19, 2024 J - 7 Page 6 B. The Contractor shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. SECTION 12. GENERAL PROVISIONS. This Agreement sets forth the entire agreement of the parties. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. CITY OF PORT ANGELES MAKERS ARCHITECTURE & URBAN DESIGN By:______________________________ By:_________________________________ Nathan A. West, City Manager Bob Bengford, AICP, Partner Dated:____________________________ Dated: ______________________________ ATTEST: By: ______________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM By:______________________________ William E. Bloor, City Attorney March 19, 2024 J - 8 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 1 Attachment 2 Port Angeles Comprehensive Plan Scope of Work - July 24, 2023 Project Goals • To complete a major periodic update of the Port Angeles Comprehensive Plan in compliance with current Growth Management Act requirements • To provide a clear direction for the city’s growth and development using the latest data, social and economic trends, and community preferences • To spur a productive community conversation about Port Angeles’ long-term challenges and opportunities • To better understand Port Angeles’ barriers to growth development related to utilities and the real estate market, and to present economical solutions to those challenges which sustainably benefit the community • To support the development of future subarea plans for the 8th Street, C Street, and Race Street corridors. Project Assumptions • Regular project meetings will occur with the City staff and consultant team, including at least one representative from each sub-consultant firm • The consultant team will lead the comprehensive plan drafting and EIS work in close coordination with the City staff. City staff may be able to take the lead on some elements, such as implementation measures and climate policies, as noted in the scope of work. • The consultant team will conduct most major public engagement activities in-person and seek to consolidate activities to take advantage of travel days. Online engagement activities will shadow in-person engagement activities and is intended to expand the project’s reach. • City staff will play a significant role in public engagement activities and will be supported with esources provided by the consultant team, such as when conducting “road show” presentations to community organizations. • City staff will form a Stakeholder Advisory Committee (SAC), which will be used to provide deeper input and review at key points throughout the project. • City staff will be in charge of creating and updated GIS maps and data • This project will not include subarea planning, but it will support future subarea planning work by collecting data specific to subareas (where possible), having targeted outreach activities and questions specific to subareas, and updating/developing basic policy direction for the subareas. • This project will not include neighborhood redistricting, but public outreach activities and questions can be designed to support the foundation of this work. The intent of neighborhood redistricting is to establish and maintain and new system of neighborhood representation and engagement involving a centralized noticing system, neighborhood representatives, and regular representative meetings which inform City Council decisions. For example, discussions around land use and growth management could ask community members what they perceive to be neighborhood boundaries and event registration lists could be used to build a list of potential future representatives. • For transportation, it is assumed that Sychro-level LOS analysis will be used for key study intersections March 19, 2024 J - 9 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 2 Task 1 – Project Initiation This and most other tasks include multiple activities. Deliverables: • Refined schedule • Project website materials • Draft engagement program • Meeting notes 1A. Internal Project Kickoff and Site Visit MAKERS will facilitate a hybrid kickoff meeting with City staff (from multiple departments) and all consultants to confirm project work program, schedule, roles, and communication protocols. Prior to the session MAKERS will send the City a list of requests for all relevant background information necessary for the project, including adopted plans, GIS data and maps, and other relevant documents. During this session the consultant team will identify the major issues, high priority plan updates, SEPA strategies, and project objectives. The group will discuss outreach goals and key stakeholders and a framework for community engagement. A master project schedule and plan for ongoing coordination will be established to ensure the plan update process complies with City needs, local procedures, and state requirements. Following the internal kickoff with City staff, MAKERS will facilitate a second meeting on the same day with public agency staff partners. The purpose of the “agency meeting” is to seek early input on technical issues for Port Angeles’ long-term planning. Invited agencies should include Clallam County planning and transportation staff, tribes, the school district, the Port, Coast Guard, and others determined by City staff. The consultant team will attend this meeting to clarify the issues and answer questions about the planning process. On the same day as the kickoff, City staff will lead the consultants on a driving and walking tour of Port Angeles neighborhoods and key sites. Meeting Attendance Firm In-Person Remote MAKERS 2 Option available for others SCJ 1 Fehr & Peers 1 Leland 1 March 19, 2024 J - 10 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 3 1B. Stakeholder Advisory Committee Meeting #1 The consultants will introduce the project scope and schedule, the community engagement program concepts, and ask the committee what aspects of the project are most important in making the Comprehensive Plan update successful. Meeting Attendance Firm In-Person Remote MAKERS 1 Option available for others SCJ 0 Fehr & Peers 0 Leland 0 1C. Community Engagement Program MAKERS and City staff will collaboratively prepare an engagement program built on a broad and inclusive engagement strategy. The plan will prioritize activities and, where possible, facilitate staff’s lead or management of certain activities. Feedback from the SAC and City staff will be integrated into the first draft, and the program can be a living document that is updated as the project progresses and strategies evolve. Key engagement elements will include at least the following. Details will be provided in the draft program: • A joint planning committee of the Planning Commission and City Council • A stakeholder committee representing the Port Angeles community (including possible stipends for people participating on a volunteer basis, e.g. students) • One-on-one stakeholder interviews • A storefront studio • Surveys • Workshops • Project website content (consultants provide strategic information and City staff administer the website) • Community event attendance/tabling (school events, farmer’s market, etc.) • Road show presentations at community organization meetings March 19, 2024 J - 11 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 4 Task 2 – Visioning and Engagement Deliverables: • Survey results/summary • Project website content • Stakeholder interview results • Stakeholder advisory committee meeting presentation materials and results • Studio materials and results • Draft vision statement and/or other value statements 2A. Visioning Survey MAKERS will plan and administer a survey that asks city residents their “Loves”, “Concerns”, and long-term “Hopes” (5-20 years) for Port Angeles. The survey may help formulate the updated vision in addition to more expanded values/principles statements. Other strategic planning questions on land use, transportation, parks, and other topics can be added. The survey should ask questions about community vision for the subareas. Equally important, the survey will be used to start building a project mailing list which is used to inform people of project updates and invite the community to future engagement opportunities. Survey completion will be incentivized with an award raffle, e.g. $50 Visa gift cards, managed and provided by MAKERS. The survey will be physically mailed citywide in utility bills. Paper copies can be provided at key community hubs such as the library and city hall, and the school district may be open to distributing paper copies to students and parents. An online survey option will be integrated, including a link on the paper copies to encourage people to use the online option. MAKERS will design the survey materials and manage the raffle incentive, and City staff will be responsible for the cost and labor of mailings. City staff will also be responsible for inputting data from paper copies. 2B. Stakeholder Interviews MAKERS will facilitate up to 5 individual stakeholder meetings, focus groups, or roundtable interviews (each interview slot can have single or multiple interviewees). Other subconsultant team members will attend where strategically relevant. The purpose of the interviews is to gather input on the most important planning issues from a variety of perspectives. Most interviews will be done remotely by phone or video call, but some could be scheduled to occur in-person when combined with a consultant team visit such as the kick (Task 1A) and/or the storefront studio (Task 2D). Interview results can be published in aggregate with individuals’ input anonymized. City staff will help identify individuals or organizations to invite to interviews, but will not participate in the interviews in order to encourage frank discussion. Some interviewees could be drawn from the Stakeholder Advisory Committee. MAKERS will recommend at least one of the March 19, 2024 J - 12 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 5 interview slots be used for focus group/roundtable with regional residential and commercial developers who have not yet worked in Port Angeles. Meeting Attendance Firm In-Person Remote MAKERS Most interviews will be done remotely by phone or video call, but some could be scheduled to occur in-person when combined with a consultant team visit such as the storefront studio (Task 2E). SCJ Fehr & Peers Leland 2C. Stakeholder Advisory Committee Meeting #2 After the visioning survey results are in, MAKERS will lead a follow-up meeting with the SAC to respond to the same love/concern/hope questions, present the survey results to compare key findings and themes, and discuss plans for the forthcoming storefront studio. Meeting Attendance Firm In-Person Remote MAKERS 0 All consultants attending will be remote SCJ 0 Fehr & Peers 0 Leland 0 March 19, 2024 J - 13 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 6 2D. Storefront Studio Preparation This task is intensive preparation in advance of the storefront studio (Task 2E), with the goal of making the studio as productive as possible. Key work includes securing a venue, event promotion, and defining conceptual EIS alternatives to bring into the studio. City staff, in collaboration with MAKERS and SCJ, will procure a space for the studio (ideally at no cost). A storefront-type space that is visible and accessible to community members and stakeholders is most desirable, preferably in downtown though not always possible. Other community work spaces can be workable (such as within the Planning Department or City Hall space) provided certain space and technology criteria are met (size, restrooms, wi-fi, etc.). It is assumed that City staff will be active partner in promoting the storefront studio, and the consultant team will assist in providing promotional materials. 2E. Storefront Studio The studio is intended to be an intensive team workspace and community engagement tool for the plan. The storefront studio embeds the consultant team in the community to help build awareness of the local context and relationships with participating community members, and gives the community multiple opportunities to participate in the early stages of plan development. Rough outline/schedule for the storefront studio: • Day 1 ▪ Consultant team arrival and studio setup ▪ Open studio hours, with map and survey exercises addressing citywide and subarea-specific issues (housing, transportation, parks, etc.) ▪ Workshop #1. The team will present useful background material findings ( including policy audit and context findings) and conduct visioning exercises, (including loves/concerns/hopes discussion and small group exercises that help identify key issues, opportunities, and priorities. If the space allows, the workshop will be hosted in the storefront, otherwise it may occur at another location. • Day 2 ▪ Open studio hours ▪ Realtime development of plan concepts and EIS alternatives concepts ▪ Preparation for Workshop #2 (next day) ▪ In-person stakeholder interviews ▪ Other internal meetings with City staff ▪ Other fieldwork in the city as needed • Day 3 ▪ Open studio hours ▪ Realtime development of plan concepts and EIS alternatives ▪ Workshop #2. The team will present findings from Workshop #1 and present rough early concepts for EIS alternatives for review and discussion. March 19, 2024 J - 14 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 7 ▪ Studio breakdown and consultant team departure Storefront Studio Attendance Firm In-Person Remote MAKERS 2 Option available for others SCJ 2 Fehr & Peers 0 Leland 1 2F. Stakeholder Advisory Committee Meeting #3 Staff will lead a remote meeting with the SAC to review results of the storefront studio workshops, evaluate/refine a draft vision statement and/or values statements developed by MAKERS based on the results of Tasks 2A-E above, and weigh in on the preliminary alternatives. The consultant team will provide limited remote support of the meeting. March 19, 2024 J - 15 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 8 Task 3 – Background Review and Analysis Deliverables: • Plan audit document • Draft summary of current conditions to be integrated into the updated comprehensive plan 3A. Plan Audit The full consultant team will review the existing plan and all of its elements. The plan will be examined with both a big picture lens (overall appearance, usability, organization) and a detailed lens (zooming in to the goals and policies). The audit will specifically evaluate: • Information and data that is out of date or incorrect, and information available or needed to address it • Opportunities for text revisions to clarify meaning or use of maps and graphics to convey information more efficiently • Potential for new and revised goals and policies, those that can be deleted or consolidated based on the City’s updated context, and updates to enhance the plan’s usability and implementation City staff will be invited to also participate in the audit as needed or appropriate. 3B. Current Conditions Analysis and Documentation The consultant team will collect and review data necessary for the plan update process, including City plans, studies, and tabular and spatial data. The team will also collect data from outside sources where necessary to include the most up-to-date information in the Comprehensive Plan. The key aspects to review: • Land Use element and zoning maps, including the urban growth areas • Housing Element, including the new requirements for a housing gaps/needs analysis and anti-displacement policies required by the GMA • Multi-modal emphasis in the Transportation Element • Development plan for utilities including sewer, water, and stormwater • Update the Capital Facilities Plan • Update the Parks Element • Integrating the Climate Resiliency Plan and the Sustainable Design Assessment Team study throughout the plan (see Task 9 for potentially adding a new climate change and resiliency element) Where possible, this task will identify and develop data specific to subareas for later use in the development of subarea plans for the 8th Street, C Street, and Race Street corridors. March 19, 2024 J - 16 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 9 Task 4 – Prepare Comprehensive Plan Draft The team will meet with staff to brainstorm key refinements to existing goals and policies. Coordination with the Planning Commission in this process will also be essential to share preliminary thoughts and provide direction (up to two meetings attended by the consultant team are budgeted). Below are preliminary thoughts involving key plan components and elements. Deliverables: • Comprehensive Plan alternatives and concepts • Comprehensive Plan first draft (all elements) • Meeting and workshop presentation materials and corresponding summary of input from each • Storefront studio summary report 4A. Plan Concepts The consultant team will develop rough preliminary concepts for each element, based on the results of the storefront studio, plan audit, existing conditions, and other public engagement to this point. The concepts will be reviewed with City staff in one or more meetings, and the concepts could be organized based on EIS alternatives. 4B. Stakeholder Advisory Meeting #4 After City staff approval, the concepts will be presented to the SAC for review. Feedback from will be used to affirm or revise the concepts, and from there the consultant team will move into plan drafting. The consultant team will provide limited remote support of the meeting. 4C. Plan Drafting Plan organization and template. The RFP seems to endorse revising the current plan as it currently appears. If the City desires or is open to an updated template, MAKERS will lead creation of a new design style that is also consistent and easy to use (including writing conventions, graphics, colors, and other style elements). The plan will lik ely be in an Adobe InDesign format with a final copy of all text also available in Microsoft Word format. MAKERS will also provide branding guidelines for posters, presentations, and other materials throughout the project. Plan foundation and vision. MAKERS will prepare a plan introduction that identifies the vision and character of the community and shows how the plan will be organized. Land use and growth management elements. MAKERS will draft clear, concise goals and policies to reflect Port Angeles’s desired future. LCG will update land use conditions as well as population, employment, and future land use capacity analysis. Strategic updates to the future land use map and urban growth areas will be a component of this update — perhaps including March 19, 2024 J - 17 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 10 updated designations and boundaries in coordination with City staff and Clallam County. Consideration of tribal land and projects will be key. Another component will be the close examination of the land use categories, which summarize the purpose, principal uses and densities, and implementing zoning for each designation. The updated goals and policies should also integrate community design preferences as well as zone-specific preferences. Transportation element. Fehr & Peers will deliver a multi-modal Transportation element that will be developed concurrently and in support of the Land Use element. Discussion of transportation priorities will be integrated into the community engagement program. Fehr & Peers will: • Conduct an active mode analysis to best accommodate people walking, biking, and rolling; specific analysis could include a level-of-stress bicycle and pedestrian analysis to identify important gaps and connectivity opportunities • Analyze transit, roadway, and freight systems using available data resources to identify deficiencies and gaps in service • Develop a “layered network” to ensure all user’s safety needs are accommodated in a way that maximizes connectivity. This analysis will include a strong focus on systemic safety, creating of low-stress networks, and recognition of the demands of newer modes. Utilities & public services element. SCJ will integrate the City’s Comprehensive Sewer Plan and Water System Plan and other relevant City and County documents into the Utilities element. This will demonstrate the geography of services available today and the planned services and service area, the population considered in the plans, and the relationship to future land use and growth. Housing element. MAKERS, LCG, and SCJ will collaboratively prepare the Housing Element update, including a needs and characteristics inventory that will meet GMA and Countywide Planning Policy requirements. As part of the inventory, the team will review the capacity for different types of housing in Port Angeles and how they relate to the community’s needs. LCG will lead the work to comply with the latest income-based housing planning under HB 1220. The team will draft goals and policies to reflect local housing needs and address the region’s growing demand for affordable housing. Key topics anticipated are housing supply and variety (including middle housing), housing affordability, special needs housing, regional collaboration, and monitoring. Conservation element. SCJ will review the goal and policies and suggest revisions, including potential new policies. Further, the team will discuss with the City whether additional content might benefit this element, such as a discussion of ecosystem services or the impacts of climate change. Furthermore, the critical areas regulations are key to protecting natural systems and these will be reviewed for consistency with the plan. Hazards & resiliency element. City staff will lead the creation of this new element. With staff’s ongoing integration of the Climate Resiliency Plan throughout all elements, this new element is March 19, 2024 J - 18 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 11 anticipated to be brief to satisfy the new requirement of the Growth Management Act and unify all resiliency elements across the plan. This element could also focus on providing a centralized hub background information for local climate change impacts and mitigation needs in Port Angeles. Capital facilities element. MAKERS will provide an updated capital facilities inventory and analysis. This will include facilitating meetings with City staff to focus on (1) needs and issues, (2) facilities vision and meeting growth needs, and (3) reviewing the draft plan. The updated element will provide cohesion with other elements including utility system plans. SCJ may support this element. The element will be aligned with an updated capital facilities plan and capital improvements project list. Economic development element. LCG will prepare a citywide market analysis and forecast to guide conversations about jobs, housing, and land use conditions across the city. The updated element will emphasize resilience and flexibility, as the economy changes more rapidly than ever before. A long-range plan must balance certainty with adaptability so that it stays relevant not only now, but in the years to come. LCG will address current and emerging economic issues such as the ongoing evolution of online retail, work from home, and post-COVID changes to the business sector. Engagement of the development and business community will also ensure that recommendations are grounded in market and economic reality. Parks & recreation element. SCJ will update the inventory and goals and policies to address new facilities and services using available information from public agencies providing park facilities. SCJ will also identify the City’s levels of service and other objectives for its residents and visitors. Implementation element. City staff will lead this element, and the consultant team will support on implementation measures’ feasibility, cost, and schedule. The consultant team will also provide strategic recommendations and priority levels for meeting the City’s most urgent needs and will assist City staff in creating targets to track goal and policy progress. March 19, 2024 J - 19 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 12 4D. Stakeholder Advisory Meeting #5 Staff will present and discuss preliminary element direction and updated plan alternatives information. The consultant team will provide limited remote support of the meeting. 4E. Workshop #3 Once the first draft has been completed and published, the team will conduct a workshop to present and evaluate the plan’s goals and policies. A combination presentation/open house format usually works best at this juncture. The presentation allows the team to provide an overview of key features, goals, and policies – and to point out special provisions that warrant close review. The open house allows for casual drop ins as well as more detailed discussions with community members on topics they are most interested in. Meeting Attendance Firm In-Person Remote MAKERS 2 Option available for others SCJ 2 Fehr & Peers 0 Leland 0 March 19, 2024 J - 20 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 13 Task 5 – Environmental Impact Statement SCJ will lead the effort in preparing an environmental impact statement and documenting compliance with SEPA. An integrated EIS will be advised for cost efficiency. The EIS will contain the following elements required in WAC 197-11-430 and -440: • Cover letter • Fact sheet • Table of contents • Environmental summary • Alternatives and the proposed action • Affected environment, significant impacts, and mitigation measures • Distribution list • Appendices The EIS will be prepared in a reader-friendly format. SCJ will reference past Port Angeles SEPA documents where possible for describing the affected environment. Other standard information sources will include USFWS & NOAA for ESA species, PHS for state species, Department of Ecology for contaminated sites, DAHP for archaeological resources, etc. Deliverables: • All public notices • Determination of significance • Scoping report • Draft and final EIS documents 5A. Scoping SCJ will prepare a scoping notice and checklist or scoping fact sheet, provide guidance on EIS topics and alternatives to analyze assumed to be No Action and two Action Alternatives, and will collect and review data. These may vary land use patterns, building scales, and infrastructure investments. A scoping meeting can be combined with other engagement efforts, such as the storefront studio (Task 2D). After the scoping period conclusion, SCJ will lead a discussion with the City to review an initial assessment to ensure the budget is adequate to cover the necessary analysis. 5B. Alternatives Development The alternatives development can be combined with the initial engagement efforts, particularly the storefront studio (Task 2E). SCJ will draft an alternatives description. The recurring project team meetings will be used to discuss and refine the alternatives. 5C. Preliminary and Draft EIS SCJ will prepare a preliminary draft EIS for City review and comment. Other consultant team members will support specific sections. Although the scope of the EIS has not yet been determined, likely EIS elements will include the following sections: March 19, 2024 J - 21 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 14 • General Sections (SCJ): Fact sheet, table of contents, distribution list, alternatives description, appendices, and other necessary supporting documentation. • Surface Water/Stormwater (SCJ) • Land Use Patterns and Policies (MAKERS) • Aesthetics/Urban Design (MAKERS) • Socio-economics (Leland) • Transportation (Fehr & Peers) • Utilities: Sewer, Water (SCJ) • Public Services: Police, Fire, Schools, Parks (SCJ) For each topic the consultant team will address the affected environment, define thresholds of significance, prepare a comparative impact analysis, and identify mitigation measures. The impact analysis will be areawide in nature and include quantitative and qualitative approaches such as models (e.g. transportation, aesthetics, etc.) or adopted standards (e.g. stormwater LID practices, public service levels of service, etc.) to determine the effect of the alternatives. Some effects may be beneficial (e.g. water quality) and some may be adverse. The consultant team will also compare the alignment of the alternative to the refreshed Port Angeles vision. Based on one round of consolidated City comments on the preliminary draft EIS, SCJ will prepare a print-check document and a draft EIS for posting and public review. SCJ will prepare the notice of availability for City publication and the City will publish the EIS. 5D. Final EIS The recurring project team meetings will be used to discuss and select the preferred alternative in the final EIS, and coordinated with the plan refinements (Task 6). The final EIS will consist of a fact sheet, table of contents, draft EIS analysis corrections as needed, description of the preferred alternative if needed, and responses to comments. SCJ will prepare a preliminary final EIS for City review and comment. Based on one round of consolidated City comments, SCJ will prepare a print check and a final EIS for public issuance. SCJ will prepare the notice of availability for City publication. March 19, 2024 J - 22 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 15 Task 6 – Plan Refinements Consultant team guidance at the adoption phase can be critical in clarifying concepts, answering technical questions, and aiding in the necessary refinement of key goals, policies and concepts. This is helpful to ensure internal consistency, to point out implications of various options, provide feedback on engagement findings on the subject topics, and to help ensure that policy language successfully bridges that delicate gap of being specific enough to be useful, but not overly specific as a regulation. At this stage, City staff will manage a comment matrix that tracks and respond to every written public comment received on the first draft plan outside of Workshop #3. Deliverables: • Refined plan draft • Final and adopted plan • Technical memos (as needed) 6A. Prepare Second Draft Plan Based on public input received at Workshop #3, the team will revise the second draft and incorporate the preferred EIS alternative. A focus of the preferred alternative will be the future land use map, densities, and associated planned improvements needed for capital facility and transportation systems. Relevant goals and policies will be updated accordingly. 6B. Stakeholder Advisory Committee Meeting #6 Staff team members will facilitate a remote SAC meeting to discuss revisions to the plan. The SAC will adopt a recommendation to the Planning Commission and City Council. The consultant team will provide limited remote support of the meeting. March 19, 2024 J - 23 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 16 Add-On Tasks Consultant Facilitation of SAC Meetings #3-6 In this add-on task, additional hours are provided for consultant team members to directly facilitate and manage the later SAC meetings. The base task has the consultant team taking a leading role in facilitating the first SAC meetings, which are key meetings for developing the vision and establishing the project momentum. For the later SAC meetings, the base tasks assume City staff will lead facilitation and the consultant team will provide limited remote support. Staff Engagement Support To be nimble in engagement, it is anticipated that City staff will leverage community engagement opportunities while the consultant team is not physically in Port Angeles. In this add-on task, MAKERS and SCJ will provide support to City staff so they are ready to leverage those opportunities as they arise, namely: • Community event attendance/tabling (school events, farmer’s market, etc.) • Road show presentations at community organization meetings Support from the consultant team includes training and message development, presentations/slideshows, and printable materials such as posters, maps, surveys, and other activities that are used to collect community input. Training and materials may evolve as the project progresses. Preparation for the studio (Task 2D) can do double duty for this task. Alternatively, the staff-run engagement can occur after the studio and promote public awareness of and comment on draft plan initiatives, announcing Workshop #3 and encouraging public participation. Mapping In this add-on task, the consultant team will use existing GIS data and digital illustration to craft updated maps for the plan. All maps in the plan will clearly communicate key information. Where needed, new GIS layers will be created by the consultant team and provided to City staff. Adoption Process Support The consultant team can be available to attend Planning Commission and/or City Council meetings (inclusive of public hearings) during the adoption process, and may be available for support of other meetings that are led by staff. This can be useful to help answer questions or provide additional technical information to ensure a smoother adoption process. March 19, 2024 J - 24 Port Angeles Comprehensive Plan - Scope of Work MAKERS architecture and urban design Page 17 Budget SCJ Leland F&P Engagement + Land Use and Housing Environment + Infrastructure Analysis/Policy Economic Analysis/Policy Transportation Analysis/Policy $165 $215 $205 $175 Task #Description BASE TASKS - COMPREHENSIVE PLAN Administration/Project Management 96 48 24 24 $ 35,280 1 Project Initiation 68 28 16 14 $ 22,970 a. Internal project kickoff and site visit 30 16 12 12 $ 12,950 b. SAC #1 30 8 4 2 $ 7,840 c. Community engagement program 8 4 $ 2,180 2 Visioning and Engagement 154 66 48 10 $ 51,190 a. Visioning survey 36 4 2 2 $ 7,560 b. Stakeholder interviews (up to 5)18 4 4 $ 4,650 c. SAC #2 12 4 4 4 $ 4,360 d. Storefront studio preperation 20 12 8 4 $ 8,220 e. Storefront studio (incl. Workshop #1 and #2)60 40 30 $ 24,650 f. SAC #3 (staff lead w/ limited consultant support)8 2 $ 1,750 3 Background Review and Analysis 56 58 44 88 $ 46,130 a. Plan audit 16 8 4 8 $ 6,580 b. Current conditions analysis and documentation 40 50 40 80 39,550$ 4 Prepare Comprehensive Plan Draft 194 106 60 90 $ 82,850 a. Plan concepts 28 16 12 12 $ 12,620 b. SAC #4 (staff lead w/ limited consultant support)8 2 $ 1,750 c. Plan drafting 110 70 40 70 $ 53,650 d. SAC #5 (staff lead w/ limited consultant support)8 2 $ 1,750 e. Workshop #3 40 16 8 8 $ 13,080 5 Prepare SEPA Documentation 38 146 14 72 $ 53,130 a. Scoping 2 16 2 8 $ 5,580 b. Alternatives development 12 20 4 4 $ 7,800 c. Preliminary and draft EIS 16 80 4 30 $ 25,910 d. Final EIS 8 30 4 30 $ 13,840 6 Plan Refinements 68 22 12 12 $ 20,510 a. Prepare second draft plan 60 20 12 12 $ 18,760 b. SAC #6 (staff lead w/ limited consultant support)8 2 $ 1,750 $ 312,060 $8,500 $600 $1,000 $322,160 674 474 218 310 Firm fees $111,210 $101,910 $44,690 $54,250 ADD-ON TASKS ⬇️Consultant facilitation of SAC meetings #3-6 48 24 12 12 $ 17,640 ⬇️Additional stakeholder interviews (hours per interview)4 $ 660 ⬇️Staff engagement support 12 6 $ 3,270 ⬇️GIS mapping 24 12 12 12 $ 11,100 ⬇️Adoption process support 40 8 2 4 $ 9,430 New Additional transportation planning and SEPA support 300 $ 52,500 New VMT & Transportation GHG Evaluation 114 20,000$ New Local Road Safety Plan 400 70,000$ New Travel Demand Model Update 686 120,000$ New Truck Route Analysis 114 20,000$ New Grant Funding Support 57 10,000$ BASE TASKS TOTAL HOURS Travel expenses (assumes most trips require overnight stays) TOTAL Amount Engagement expenses and materials Fees subtotal Hours SAC youth participant stipend Port Angeles Comprehensive Plan MAKERS Team member role Billing rate (blended) March 19, 2024 J - 25 March 19, 2024 J - 26 Attachment 4 Interagency Agreement with City of Port Angeles through Growth Management Services Contract Number: 24-63610-149 For 2023-2025 Climate Planning Grant Dated: Date of Execution March 19, 2024 J - 27 ________________________________________________________________________________________________________ Page 2 of 18 Table of Contents TABLE OF CONTENTS .............................................................................................................................................. 2 FACE SHEET ............................................................................................................................................................ 3 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 4 1. AUTHORITY ...................................................................................................................................................... 4 2. CONTRACT MANAGEMENT ............................................................................................................................. 4 3. COMPENSATION .............................................................................................................................................. 4 4. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 4 5. SUBCONTRACTOR DATA COLLECTION ............................................................................................................. 5 6. ENSURE COORDINATED CLIMATE COMMITMENT ACT BRANDING ................................................................. 5 7. INSURANCE ...................................................................................................................................................... 6 8. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 6 9. ORDER OF PRECEDENCE .................................................................................................................................. 6 GENERAL TERMS AND CONDITIONS ....................................................................................................................... 7 1. DEFINITIONS .................................................................................................................................................... 7 2. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 7 3. AMENDMENTS ................................................................................................................................................ 7 4. ASSIGNMENT ................................................................................................................................................... 7 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ........................................................................... 7 6. COPYRIGHT ...................................................................................................................................................... 8 7. DISPUTES ......................................................................................................................................................... 8 8. GOVERNING LAW AND VENUE ........................................................................................................................ 9 9. INDEMNIFICATION .......................................................................................................................................... 9 10. LICENSING, ACCREDITATION AND REGISTRATION ........................................................................................... 9 11. RECAPTURE...................................................................................................................................................... 9 12. RECORDS MAINTENANCE ................................................................................................................................ 9 13. SAVINGS .......................................................................................................................................................... 9 14. SEVERABILITY ................................................................................................................................................... 9 15. SUBCONTRACTING ........................................................................................................................................ 10 16. SURVIVAL ....................................................................................................................................................... 10 17. TERMINATION FOR CAUSE............................................................................................................................. 10 18. TERMINATION FOR CONVENIENCE ................................................................................................................ 10 19. TERMINATION PROCEDURES ......................................................................................................................... 10 20. TREATMENT OF ASSETS ................................................................................................................................. 11 21. WAIVER ......................................................................................................................................................... 12 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 13 ATTACHMENT B: BUDGET .................................................................................................................................... 18 March 19, 2024 J - 28 ________________________________________________________________________________________________________ Page 3 of 18 Face Sheet Contract Number: 24-63610-149 Local Government Division Growth Management Services 2023-2025 Climate Planning Grant 1. Contractor 2. Contractor Doing Business As (as applicable) City of Port Angeles 321 E. 5Th Street Port Angeles, WA 98362 N/A 3. Contractor Representative 4. COMMERCE Representative Ben Braudrick Planning Supervisor ced@cityofpa.us Noelle Madera Climate Operations Team Lead 509-818-1040 noelle.madera@commerce.wa.gov PO Box 42525 1011 Plum St. SE Olympia, WA 98504 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $150,000 Federal: State: Other: N/A: July 1, 2023 June 30, 2025 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A SWV0007712 054-001-518 N/A 14. Contract Purpose For the development of the Growth Management Act (GMA) climate change and resiliency element requirements related to the implementation of HB 1181 and climate related implementation activities. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work and Attachment “B” – Budget. FOR CONTRACTOR FOR COMMERCE <insert name>, <insert title> Signature Date <insert name>, <insert title> Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE March 19, 2024 J - 29 ________________________________________________________________________________________________________ Page 4 of 18 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 one hundred fifty thousand dollars ($150,000), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the attached Scope of Work and 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 not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice sh all include the Contract Number 24- 63610-149. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. 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. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2023, for services and deliverables described under this Agreement. State Fiscal Year Payments COMMERCE will reimburse Contractor for State Fiscal Year 2024 (July 1, 2023-June 30, 2024), and State Fiscal Year 2025 (July 1, 2024-June 30, 2025), based on the expenses incurred under this Contract. Invoices and End of Fiscal Year Invoices are due at a minimum of June 15, 2024 and 2025, if not submitted at more frequent intervals. March 19, 2024 J - 30 ________________________________________________________________________________________________________ Page 5 of 18 Final invoices for a state fiscal year may be due sooner than the 15th of June 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. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Line Item Modification of Budget A. Notwithstanding any other provision of this contract, the Contractor may, at its discretion, make modifications to line items in the Budget, hereof, that will not increase the line item by more than fifteen percent (15%). B. The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Budget (Attachments B) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 3 of this contract, nor does this section allow any proposed changes to the Scope of Work, include Tasks/Work Items and Deliverables under Attachment A, without specific written approval from COMMERCE by amendment to this contract . 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 a ny tier. 6. ENSURE COORDINATED CLIMATE COMMITMENT ACT BRANDING COMMERCE received funding from Washington’s Climate Commitment Act (CCA). To strengthen public awareness of how CCA funding is used, the Office of the Governor is directing state agencies that administer funding or manage a CCA-supported program to ensure consistent branding and funding acknowledgments are used in all communications and included in funding agreements and contracts. The “Climate Commitment Act” logo and funding acknowledgment make it easy for consumers and the public to see how the state is using CCA funds to reduce climate pollution, create jobs, and improve public health and the environment, particularly for low -income and overburdened populations. March 19, 2024 J - 31 ________________________________________________________________________________________________________ Page 6 of 18 The following provisions apply to all contractors, subcontractors, service providers and others who assist CONTRACTOR in implementing the climate planning grant. Logo requirements. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at climate.wa.gov/brandtoolkit. • Any WA Department of Commerce climate planning grant website or webpage that includes logos from other funding partners. • Any WA Department of Commerce climate planning grant media or public information materials that include logos from other funding partners. Funding source acknowledgement. This standard funding language must be used on websites and included in announcements, press releases and publications used for media -related activities, publicity and public outreach. “The WA Department of Commerce climate planning grant is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.” 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 • Special Terms and Conditions • General Terms and Conditions • Attachment A – Scope of Work • Attachment B – Budget March 19, 2024 J - 32 ________________________________________________________________________________________________________ Page 7 of 18 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.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. 3.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. 4.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. 5.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 March 19, 2024 J - 33 ________________________________________________________________________________________________________ Page 8 of 18 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 fe deral 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. 6. 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. 7. 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 March 19, 2024 J - 34 ________________________________________________________________________________________________________ Page 9 of 18 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. 8. 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. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers , and agents. 10. 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. 11. 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. 12. 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. 13. 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 notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. 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. March 19, 2024 J - 35 ________________________________________________________________________________________________________ Page 10 of 18 15. SUBCONTRACTING 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 rec ords 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. 16. 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. 17. 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. 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. 18. 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. 19. 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. March 19, 2024 J - 36 ________________________________________________________________________________________________________ Page 11 of 18 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. 20. TREATMENT OF ASSETS 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 March 19, 2024 J - 37 ________________________________________________________________________________________________________ Page 12 of 18 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. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of an y 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. March 19, 2024 J - 38 ________________________________________________________________________________________________________ Page 13 of 18 Attachment A: Scope of Work The City of Port Angeles participated in the Climate Pilot Program as one of three pilot jurisdictions and used the draft Climate Planning Guidance to assess climate impacts and identify hazards. The identification of community assets was limited to the downtown waterfront area and the vulnerability assessment was limited to sea level rise. The proposed scope of work to be funded by this grant will not duplicate work that was completed during the City’s participation in the Pilot Program. Rather, it will build on the work completed during the Pilot Program and enable staff to undertake a more comprehensive Citywide assessment of hazards, vulnerabilities, and resiliency solutions. City of Port Angeles Climate Resilience Sub-Element Scope of Work – Phase 1 Task (Referring to Climate Guidance) End Date and Notes Climate Guidance Step/Task Initialize Project 11/2023 – 03/2024 Prior to beginning Climate Guidance Steps Form Climate Resilience Stakeholder Advisory Team N/A Prepare Public Engagement Strategy N/A Deliverable 1: Climate Resiliency Sub-Element – Public Engagement Strategy 03/2024 City of Port Angeles Climate Resilience Sub-Element Scope of Work – Phase 2* Task (Referring to Climate Guidance) End Date and Notes Climate Guidance Step/Task Explore Climate Impacts 01/2024 – 06/2024 This will build on the work that the City completed during the Climate Pilot Program. Step 1 Identify community assets This will include Citywide assets. The Climate Pilot Program focused on the downtown waterfront. Task 1.1 March 19, 2024 J - 39 ________________________________________________________________________________________________________ Page 14 of 18 Explore hazards and changes in the climate Task 1.2 Pair assets and hazards and describe exposure and consequences Task 1.3 Identify priority climate hazards Task 1.4 * Phase 2 will begin before Phase 1 ends. The tasks corresponding with Step 2 of the climate planning guidance occurred during the City’s participation in the Climate Pilot Program. While additional plan auditing is anticipated during the Periodic Update Process and implementation of HB 1181, the City does not intend to allocate Climate Planning Grant funding to further plan auditing tasks. City of Port Angeles Climate Resilience Sub-Element Scope of Work – Phase 3 Task (Referring to Climate Guidance) End Date and Notes Climate Guidance Step/Task Assess Vulnerability & Risk 06/2024 – 09/2024 The City’s assessment process will not have the same end date as the multi- jurisdictional process associated with the Hazard Mitigation Plan. Step 3 Assess sensitivity Task 3.1 Assess adaptive capacity Task 3.2 Characterize vulnerability This task will not duplicate the effort to characterize sea level rise vulnerability along the downtown waterfront that occurred during the Climate Pilot Program. Task 3.3 Characterize risk Task 3.4 Meet with partners, stakeholders and decision makers to decide course of action Task 3.5 March 19, 2024 J - 40 ________________________________________________________________________________________________________ Page 15 of 18 Deliverable 2: Completed Asset Identification and Draft Vulnerability Assessment(s) 09/2024 City of Port Angeles Climate Resilience Sub-Element Scope of Work – Phase 4 Task (Referring to Climate Guidance) End Date and Notes Climate Guidance Step/Task Pursue Pathways 09/2024 – 12/2024 Step 4 Develop goals Task 4.1 Develop policies Task 4.2 Identify policy co-benefits Task 4.3 Deliverable 3: Completed Vulnerability Assessment(s) and Climate Element Workbook 12/2024 City of Port Angeles Climate Resilience Sub-Element Scope of Work – Phase 5 Task (Referring to Climate Guidance) End Date and Notes Climate Guidance Step/Task Integrate Goals & Policies 12/2024 – 03/2025 Step 5 Review and finalize resilience goals and policies Task 5.1 Consult with community partners and stakeholders Residents and Planning Commission Task 5.2 Obtain approval from decision makers City Council Task 5.2 Deliverable 4: Draft Climate Resilience Sub-Element 03/2025 Consult with community partners and stakeholders Residents and Planning Commission Task 5.2 Obtain approval from decision makers City Council Task 5.2 March 19, 2024 J - 41 ________________________________________________________________________________________________________ Page 16 of 18 Deliverable 5: Final Climate Resilience Sub-Element 06/2023 Deliverable 6: Adoption of Updated Comprehensive Plan including Climate Resiliency Sub-Element 06/15/2025 In addition to the use of grant funding for the implementation of HB 1181 through the update of the City’s Comprehensive Plan, the City of Port Angeles intends to allocate a portion of the Climate Planning Grant funding to the multi-jurisdictional update of the Hazard Mitigation Plan. This update is to be completed in collaboration with Clallam County, the City of Sequim, and the City of Forks pursuant to the terms of a forthcoming interlocal agreement between participating jurisdictions. The following scope of work is derived from the Clallam County Scope of Work, included as an attachment to this application. The single deliverable will be an adopted Hazard Mitigation Plan submitted by Clallam County. Multi-jurisdictional Hazard Mitigation Plan Scope of Work* Task End Date Budget Deliverable Hazard Mitigation Committee Formation 02/28/2024 Hazard Vulnerability and Risk Analysis to Identify Priority Hazards 06/01/2024 Characterize Risk and Vulnerability to Identify Implementation Actions 09/30/2024 Identify Climate Resiliency Goals & Policies for Integration into Hazard Mitigation Plan 10/31/2024 Draft Hazard Mitigation Plan 11/2024 Deliverable: Adoption of Hazard Mitigation Plan 02/2025 Deliverable HMP-1 * Refer to the attached Clallam County Scope of Work, which includes an update pathway for the Multi-jurisdictional Hazard Mitigation Plan, for more information. March 19, 2024 J - 42 ________________________________________________________________________________________________________ Page 17 of 18 March 19, 2024 J - 43 ________________________________________________________________________________________________________ Page 18 of 18 Attachment B: Budget Multi-jurisdictional Hazard Mitigation Plan (HMP)* Deliverables Grant Funding Scope of Work Phase Number Deliverable HMP-1: Completed Multi- Jurisdictional Hazard Mitigation Plan $57,200 HMP Process Sub-Total: $57,200 Total: $150,000 * Refer to the attached Clallam County Scope of Work, which includes an update pathway for the Multi-jurisdictional Hazard Mitigation Plan, for more information. Port Angeles Comprehensive Plan – Climate Resiliency Sub-Element Deliverables Grant Funding Scope of Work Phase Number Administration and Project Management Periodic Update Grant All phases Deliverable 1: Climate Resiliency Sub- Element – Public Engagement Strategy $21,570 1 Deliverable 2: Completed Asset Identification and Draft Vulnerability Assessment(s) $8,430 3 Deliverable 3: Completed Vulnerability Assessment(s) and Climate Element Workbook $22,800 4 Deliverable 4: Draft Climate Resilience Sub- Element $10,000 5 Deliverable 5: Final Climate Resilience Sub- Element $30,000 5 Deliverable 6: Adoption of Updated Comprehensive Plan including Climate Resiliency Sub-Element N/A - Periodic Update Grant 5 Sub-Total: $92,800 March 19, 2024 J - 44 Interagency Agreement with City of Port Angeles through Growth Management Services Contract Number: 24-63335-003 For GMA Periodic Update Grant 2025 Jurisdiction (SFY24-SFY25) Dated: Date of Execution Attachment 5 March 19, 2024 J - 45 ________________________________________________________________________________________________________ Page 2 of 15 Table of Contents TABLE OF CONTENTS .............................................................................................................................................. 2 FACE SHEET ............................................................................................................................................................ 3 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 4 1. AUTHORITY ...................................................................................................................................................... 4 2. CONTRACT MANAGEMENT ............................................................................................................................. 4 3. COMPENSATION .............................................................................................................................................. 4 4. BILLING PROCEDURES AND PAYMENT ............................................................................................................. 4 5. SUBCONTRACTOR DATA COLLECTION ............................................................................................................. 5 6. INSURANCE ...................................................................................................................................................... 5 7. FRAUD AND OTHER LOSS REPORTING ............................................................................................................. 5 8. ORDER OF PRECEDENCE .................................................................................................................................. 5 GENERAL TERMS AND CONDITIONS ....................................................................................................................... 6 1. DEFINITIONS .................................................................................................................................................... 6 2. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 6 3. AMENDMENTS ................................................................................................................................................ 6 4. ASSIGNMENT ................................................................................................................................................... 6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION ........................................................................... 6 6. COPYRIGHT ...................................................................................................................................................... 7 7. DISPUTES ......................................................................................................................................................... 7 8. GOVERNING LAW AND VENUE ........................................................................................................................ 8 9. INDEMNIFICATION .......................................................................................................................................... 8 10. LICENSING, ACCREDITATION AND REGISTRATION ........................................................................................... 8 11. RECAPTURE...................................................................................................................................................... 8 12. RECORDS MAINTENANCE ................................................................................................................................ 8 13. SAVINGS .......................................................................................................................................................... 8 14. SEVERABILITY ................................................................................................................................................... 8 15. SUBCONTRACTING .......................................................................................................................................... 9 16. SURVIVAL ......................................................................................................................................................... 9 17. TERMINATION FOR CAUSE............................................................................................................................... 9 18. TERMINATION FOR CONVENIENCE .................................................................................................................. 9 19. TERMINATION PROCEDURES ........................................................................................................................... 9 20. TREATMENT OF ASSETS ................................................................................................................................. 10 21. WAIVER ......................................................................................................................................................... 11 ATTACHMENT A: SCOPE OF WORK AND BUDGET ................................................................................................ 12 March 19, 2024 J - 46 ________________________________________________________________________________________________________ Page 3 of 15 Face Sheet Contract Number: 24-63335-003 Local Government Division Growth Management Services 1. Contractor 2. Contractor Doing Business As (as applicable) City of Port Angeles Community & Economic Development 321 E 5th Street Port Angeles, WA 98362 N/A 3. Contractor Representative 4. COMMERCE Representative Ben Braudrick Planning Supervisor (360) 417-4750 ced@cityofpa.us Valerie Smith Assistant Managing Director (360) 725-3062 valerie.smith@commerce.wa.gov PO Box 42525 1011 Plum St. SE Olympia, WA 98504 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $125,000 Federal: State: Other: N/A: Date of Execution June 30, 2025 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A SWV0007712 054-001-518 N/A 14. Contract Purpose Grant funding to assist City of Port Angeles with planning work for the completion the Growth Management Act (GMA) requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5). COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work and Budget FOR CONTRACTOR FOR COMMERCE Nathan West, City Manager City of Port Angeles Date Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE March 19, 2024 J - 47 ________________________________________________________________________________________________________ Page 4 of 15 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 one hundred twenty-five thousand dollars ($125,000), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in Attachment A - Scope of Work and Budget. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice sh all include the Contract Number 24- 63335-003. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. 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. State Fiscal Year Compensation COMMERCE will reimburse Contractor a maximum of $62,500 for State Fiscal Year 2024 (July 1, 2023 - June 30, 2024) and a maximum of $62,500 for State Fiscal Year 2025 (July 1, 2024 - June 30, 2025). Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2023, for services and deliverables described under this Agreement. 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 March 19, 2024 J - 48 ________________________________________________________________________________________________________ Page 5 of 15 be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Modification of the Project Budget A. Notwithstanding any other provision of this contract, the Contractor may, at its discretion, make modifications to line items in the Budget, hereof, that will not increase the line item by more than fifteen percent (15%). B. The Contractor shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Budget (Attachment A,) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 3 of this contract, nor does this section allow any proposed changes to the Scope of Work, including Tasks/Work Items and Deliverables under Attachment A, without specific written approval from COMMERCE by amendment to this contract. 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. 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. 7. 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. 8. 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  Special Terms and Conditions  General Terms and Conditions  Attachment A – Scope of Work and Budget March 19, 2024 J - 49 ________________________________________________________________________________________________________ Page 6 of 15 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 “Contractor” 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, addresses, 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. 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. 3. 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. 4. 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. 5. 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 March 19, 2024 J - 50 ________________________________________________________________________________________________________ Page 7 of 15 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 informat ion, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. 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 Materials 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, repor ts, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right 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 others) 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. 7. 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 March 19, 2024 J - 51 ________________________________________________________________________________________________________ Page 8 of 15 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. 8. 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. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers , and agents. 10. 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. 11. 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 r ecapture 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. 12. 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. 13. 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 notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. 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. March 19, 2024 J - 52 ________________________________________________________________________________________________________ Page 9 of 15 15. SUBCONTRACTING 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 rec ords 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 appropriately 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 St ate of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. 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. 17. 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. The rights and remedies of COMMERCE provided in this contract are not exclusive a nd are, in addition to any other rights and remedies, provided by law. 18. 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, term inate 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. 19. 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. March 19, 2024 J - 53 ________________________________________________________________________________________________________ Page 10 of 15 COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERC E, 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 s hall 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 interest. 20. TREATMENT OF ASSETS 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 per formance 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 March 19, 2024 J - 54 ________________________________________________________________________________________________________ Page 11 of 15 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. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of an y 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 Authori zed Representative of COMMERCE. March 19, 2024 J - 55 ________________________________________________________________________________________________________ Page 12 of 15 Attachment A: Scope of Work and Budget Task/Work Item SFY 2024 Funds SFY 2025 Funds Deliverable Comprehensive Plan Consultant Administration/ Project Management Includes but not limited to: Consultant administration of all tasks leading to a successful periodic update. Anticipated completion date: June 30, 2025 Total Budget: $17,640 Commerce Grant: $7,500 Total Budget: $17,640 Commerce Grant: $7,500 No direct deliverable. Task consists of administrative work. Task 1 - Project Initiation Includes but not limited to:  Internal project kickoff and consultant site visit  Stakeholder advisory committee meeting  Community engagement plan Anticipated completion date: November 2023 Total Budget: $22,970 Commerce Grant: $10,000 $0 Public participation plan – to be completed in 2023 for use throughout the process Task 2 – Visioning and Engagement Includes but not limited to:  Visioning survey  Stakeholder interviews  Storefront studio  Stakeholder advisory committee meeting Anticipated completion date: December 31, 2024 Total Budget: $51,190 Commerce Grant: $10,000 $0 Visioning and Engagement Summary and Supporting Documentation – approximately half of this task to be completed in 2023 Task 3 – Background Review and Analysis Includes but not limited to:  Plan audit  Current conditions analysis  Critical areas analysis Total Budget: $36,100 Commerce Grant: $10,000 $0 Analysis of Current Conditions including Draft Critical Areas Analysis, Comprehensive Plan Analysis, and Development Regulations Analysis March 19, 2024 J - 56 ________________________________________________________________________________________________________ Page 13 of 15  Development regulations analysis Anticipated completion date: December 31, 2024 Comprehensive Plan Checklist; Critical Areas Checklist; Development Regulations Checklist Task 4 – Preparation of Comprehensive Plan, including Housing Element Includes but not limited to:  Draft amended comprehensive plan including initial versions of all elements, updated land use map, capital facilities inventory  Stakeholder advisory committee meetings Anticipated completion date: April 2025 Total Budget: $45,765 The total task budget consists of the Housing Element and other elements. Housing Element: $10,140 Commerce Grant: $5,000 Other Elements: $ 35,625 Commerce Grant: $10,000 Total Budget: $45,765 The total task budget consists of the Housing Element and other elements. Housing Element: $10,140 Commerce Grant: $5,000 Other Elements: $ 35,625 Commerce Grant: $20,000 Draft Comprehensive Plan Notification email from Department of Commerce that draft ordinance was submitted for 60-day review Task 5 – Preparation of SEPA Documentation Includes but not limited to:  Development of alternatives  Threshold determination Anticipated completion date: December 31, 2024 Total Budget: $26,565 Commerce Grant: $10,000 Total Budget: $26,565 Commerce Grant: $10,000 SEPA Documentation Task 6 – Plan Refinements Includes but not limited to:  Final draft of Comprehensive Plan Anticipated completion date: April 2025 $0 Total Budget: $20,510 Commerce Grant: $20,000 Final draft plan March 19, 2024 J - 57 ________________________________________________________________________________________________________ Page 14 of 15 Final Task - Adopted Comprehensive Plan amendment including but not limited to:  Final version of Comprehensive Plan, including all elements and appendices  Revised Climate Resiliency Plan  Revised Housing Action Plan Anticipated completion date: April 2025 $0 $0 Adopted Comprehensive Plan Notification email from Department of Commerce that adopted ordinance was received Critical Areas Ordinance Task – Draft Critical Areas Ordinance Includes:  Draft critical areas ordinance Anticipated completion date: December 31, 2024 $0 $0 Draft Critical Areas Ordinance Notification email from Department of Commerce that draft ordinance was submitted for 60-day review Adopted Critical Areas Ordinance amendment including but not limited to:  Revised Title 15 PAMC Anticipated completion date: April 2025 $0 $0 Adopted Critical Areas Ordinance Notification email from Department of Commerce that adopted ordinance was received Development Regulations Task – Development Regulations Analysis Includes:  Analysis of Titles 16, 17, and 18 PAMC Anticipated completion date: June 30, 2024 $0 $0 Comprehensive Plan Checklist Development Regulations Checklist Draft Development Regulations Ordinance amendment including but not limited to:  Draft Titles 16, 17, and 18 PAMC Anticipated completion date: April 2025 $0 $0 Draft Development Regulations Ordinance Notification email from Department of Commerce that draft ordinance was submitted for 60-day review March 19, 2024 J - 58 ________________________________________________________________________________________________________ Page 15 of 15 Adopted Development Regulations Ordinance amendment including but not limited to:  Final Ordinances amending Titles 16, 17, and 18 PAMC Anticipated completion date: June 30, 2025 $0 $0 Adopted Development Regulations Ordinance Notification email from Department of Commerce that adopted ordinance was received Commerce Review Finding that the periodic update required by RCW 36.70A.130(b) is complete Anticipated completion date: June 30, 2025 $0 $0 Resolution finding the periodic update required by RCW 36.70A.130(b) is complete. Notification email from Department of Commerce that adopted ordinance was received Total Budget $200,230 $110,480 The total budget matches the subtotal identified by the City’s consultant but exceeds the available grant amount. The City intends to use the maximum available grant amount and additional funding sources to account for the total estimated cost of all tasks. Commerce Grant Totals $62,500 $62,500 Control Number (Total Grant Available) $62,500 $62,500 March 19, 2024 J - 59 - Date: March 19, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: WSDOT Pedestrian & Bicycle Safety Program Grant – TR0318 10th Street Bike Boulevard & 8th & A Street Protected Intersection Project Background / Analysis: The WSDOT Pedestrian and Bicycle Program aids public agencies in funding projects included in city safety plans for bicycle and pedestrian route improvements. The City updated it City Safety Plan in the winter of 2022 and applied for funding for the 10th Street Bike Boulevard & 8th – A Protected Intersection Project. On June 22, 2023, the City was notified that this project was selected to receive funding through the WSDOT Pedestrian & Bicycle Safety program. The project is included in the approved 2024-2029 Transportation Improvement Plan The Design phase of the project will begin early-mid 2024, with construction scheduled for 2025. Project elements will be designed to facilitate improved bicycle flow, reducing the risk of potential accidents and increasing safety within the City. This project extends from 10th and I Street west to 8th and A Street, and provides a vital connection of existing bike facilities on 10th Street west of I Street to bike lanes on the 8th Street Bridges. The project elements will include conversion of 10th Street and A Street for street bicycle channelization and safety improvements to incorporate bicycle wayfinding signs/markings, buffered and non-buffered bike lanes, two-way protected bike lanes, traffic diverters, parking removal, vehicle lane width reduction, median channelization/turn restrictions, rectangular rapid flashing beacons (RRFB), new marked crosswalk, stop sign, reduced curb radii, median refuge island, and curb extensions/bulb-outs. To safely transition bicyclists from 8th Street on to A Street a cutting edge Protected Intersection will be designed. This project supports the City’s Comprehensive Plan as follows: Summary: The Washington State Department of Transportation (WSDOT) awarded the City a grant for the design and construction phases of the 10th Street Bike Boulevard & 8th & A Street Protect Intersection Project, in the amount of $1,959,000. This project will improve the safety for bicyclists from 10th Street and I Street to 8th Street and A Street. Funding: The 10th Street Bike Boulevard and 8th Street Project is identified in the City’s approved 2024- 2029 Capital Facilities Plan and Transportation Improvement Plan (TIP) for project TR0318. This project is fully funded through the WSDOT Pedestrian & Bicycle Safety Program Grant in the amount $1,959,000.00 and has no local match requirement. Recommendation: Accept the Washington State Department of Transportation Pedestrian & Bicycle Safety Program Grant in the amount of $1,959,000.00 and authorize the City Manager to execute all documents necessary including the Local Agency Agreement, Project Prospectus, and make minor modifications as necessary. March 19, 2024 J - 60 • Goal (G-4C) “To provide a system of walking trails and bicycle paths to complement and coordinate with the existing street system and provide recreational opportunities and physical activity while reducing the dependence on traditional automobile transportation.” • Policy (P4C.01) “Maximize bicycle and pedestrian infrastructure and other active transportation systems and improve sidewalk connectivity.” Funding Overview: The 10th Street Bike Boulevard and 8th Street Project is identified in the City’s approved 2024-2029 Capital Facilities Plan and Transportation Improvement Plan (TIP) for project TR0318. This project is fully funded through the WSDOT Pedestrian & Bicycle Safety Program Grant in the amount $1,959,000.00 and has no local match requirement. By accepting this grant, the City is obligated to complete the project within 10 years or return the grant funds. Project cost and award amount are summarized in Table 1. Table 1 – Project Cost and Award Amount 10th Street Bike Boulevard & 8th Cost Preliminary Engineering Design $270,948 Construction $1,688,052 Total $1,959,000 March 19, 2024 J - 61 Date: March 19, 2024 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Equipment Purchase – Replacement of Stormwater Division #1240 Background / Analysis: The Stormwater Division vehicle #1240 is the only Air Sweeper owned and operated by the City. It is the primary unit utilized by Stormwater personnel for their City Street Sweeping Program which is a requirement of the City’s Stormwater Permit. This purchase/replacement was originally identified and ordered, in 2022 as part of the Transfer Station Acquisition. Due to the Covid-19 Pandemic, chassis were unavailable to complete this purchase. Post pandemic production has now made this purchase possible, but pricing has increased, requiring a budget amendment of $18,336.21 to complete the purchase. In addition, since that time funding in the Solid Waste fund has changed and this replacement is now recommended in the Stormwater division. The current unit, #1240, will be sold to Summary: The Stormwater Division Vehicle #1240 is a 2012 Freightliner chassis with an Elgin Crosswind Air Sweeper Unit, with 11,625 hours of operation. This unit was originally approved for replacement and ordered in April of 2022 as part of the Transfer Station Acquisition to meet permit requirements, however, due to chassis manufacturing delays, the unit now has a build date of March 18, 2024. Additionally, since that time the funding situation in the Solid Waste fund has changed and Staff is now recommending the replacement of this unit in the Stormwater division. The 2024 budget includes funds to procure a new Stormwater Division Air Sweeper. Through the City’s membership with the Washington State Purchasing Cooperative, participating vendor Owen Equipment of Kent, WA. was selected from the cooperative vendors list, Contract No. 02613. Funding: This vehicle purchase and replacement is identified in the 2024 budget (501-7630-594-6410) through the approved 2024-2029 Capital Facilities Plan. A budget amendment in the amount of $18,336.21 will be required to complete this purchase. Recommendation: 1. Rescind the previous City Council purchase authorization for this equipment procurement by the Solid Waste Division. 2.Approve the purchase of a new Stormwater Division Sweeper that is the functional equivalent of existing vehicle #1240 from Owen Equipment, for an amount not to exceed $393,369.70, including tax and accessories. 3. Authorize the City Manager to approve and execute the final purchase documents, to complete the purchase, and to make minor modifications as necessary. 4. Authorize the City Manager to transfer vehicle #1240 to the Solid Waste Division at a fair market value once the new vehicle is placed into service. March 19, 2024 J - 62 the Solid Waste division at a fair market rate and transferred to the Solid Waste Transfer Station to meet their permit requirements, as well as providing backup to the Stormwater Division new unit. Funding Overview This vehicle replacement is identified in the 2024 budget (501-7630-594-6410), and through the approved 2024-2029 Equipment Services Capital Facilities Plan, including applicable tax and accessories. A budget amendment in the amount of $18,336.21 will be required to complete this purchase. Pricing from the Washington State Purchasing Cooperative contract is summarized below: New Vehicle Type Vehicle Budget WSPC Bid Accessories Replacing Vehicle 2024 Freightliner/ Elgin Air Sweeper $375,033.49 $389,869.70 $3,500.00 #1240, 2012 Freightliner/ Elgin Air Sweeper Total Cost $393,369.70 March 19, 2024 J - 63 Date: March 19, 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 - February DECEMBER 2023 JANUARY 2024 FEBRUARY 2024 AMOUNT CHANGE % CHANGE JAN - FEB Number of Customers Past Due 1,458 1,395 1,484 89 6.38% Number of Disconnections for Non-payment - - 12 12 100.00% 60 days past due amount 214,136.94 178,801.09 198,853.02 20,051.93 11.21% 90 days past due amount 106,178.91 74,951.79 118,219.26 43,267.47 57.73% 120 days past due amount 755,817.40 830,016.49 785,380.21 (44,636.28) -5.38% Total amount past due 1,076,133.25 1,083,769.37 1,102,452.49 18,683.12 1.72% Total Additional Payment Plan Agreements 23 33 50 17 51.52% CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS JANUARY - FEBRUARY 2024 -5.0% 5.0% 15.0% 25.0% 35.0% 45.0% 55.0% - 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 DECEMBER 2023 JANUARY 2024 FEBRUARY 2024 % CHANGE JAN - FEB March 19, 2024 L - 1 2024 January-February 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 4 0 0 0 0 0 0 0 0 0 0 8 $96,747.00 $94,945.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $191,692 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 2 0 0 0 0 0 0 0 0 0 0 2 $0.00 $655,052.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $655,052 0 1 0 0 0 0 0 0 0 0 0 0 1 $0.00 $75,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $75,000 42 11 0 0 0 0 0 0 0 0 0 0 53 $389,794.00 $270,110.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $659,904 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 18 0 0 0 0 0 0 0 0 0 0 68 $1,891,989.00 $1,095,107.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,987,096 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 2 0 0 0 0 0 0 0 0 0 0 2 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 2 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 $35,793.06 $32,520.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $68,313.74 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 March 19, 2024 L - 2 1 of 2 PUBLIC WORKS CONTRACT STATUS REPORT November 2023 / February 2024 (COSTS SHOWN INCLUDE APPLICABLE TAXES) ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL EXCEEDING $35,000 PROJECT TITLE ORIGINAL BUDGET (Construction) ORIGINAL CONTRACT AMOUNT PRIOR CHANGE ORDERS NOV. TO FEB. CHANGE ORDERS CONTRACT + REVISED AMOUNTS CON-2023-23 (WT0222) PAWTP Pump Bypass – EDS $322,000.00 $313,924.00 $0.00 $0.00 $313,924.00 SVC-2022-65 On Call Water Main Repair $150,000.00 $150,000.00 $0.00 $0.00 $150,000.00 CON-2021-47 “I” Street Substation Electrical Switchgear Upgrades $350,000 $322,239.00 $0.00 $0.00 $322,239.00 CON-2020-49 Electrical Dock Crew (Time Extension 2024) $1,900,000 $1,900,000 $0.00 $0.00 $1,900,000 CON-2023-15 College Substation LTC Replacement $189,988.74 $189,988.74 $0.00 $0.00 $189,988.74 CON-2023-06 (WW0120, WW0220, CL0619) Wastewater Capacity Improvements $5,587,016.27 $5,587,016.27 $0.00 ($56,282.58) $5,530,733.69 CON-2019-36 City Pier Sidewalk Replacement $354,600 $234,160 $0.00 $0.00 $234,160 SVC-2022-59 (TR0621) On Call Olympic Discovery Trail Maintenance (Option Year 2 – 2024) $100,000 $100,000 $0.00 $0.00 $100,000 TR0120 Signal Controller Upgrades $5,654,520 $4,197,795 $0.00 $0.00 $4,197,795 TR0209 Race Street Complete Street Project $5,240,038 $4,993,259.25 $40,522.90 $118,505.97 $5,152,288.12 TR1215 City Hall East Parking Lot LID $1,498,367.30 $1,498,367.30 $0.00 $0.00 $1,498,367.30 TR0918 Downtown Ree and Sidewalk Replacement Phase 3 $500,000 $396,890 $0.00 $0.00 $396,890 CON-2022-45 (TR0518 & TR0316)2023 Pavement Repairs $850,000 $520,950 $0.00 $54,331.36 $575,281.36 CON-2023-45 Pier Tower Emergency Repair $824,464 $574,992 $0.00 $0.00 $574,992 CON-2023-31 Police Range Cover Construction $59,900 $46,516 $0.00 $0.00 $46,516 March 19, 2024 L - 3 2 of 2 PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL WORKS ROSTER CONTRACTS UNDER $25,000 AWARDED SINCE LAST COUNCIL REPORT (QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST’S OFFICE) CONTRACTOR OR VENDOR CONTRACT/ PO # DESCRIPTION DATE AWARDED AMOUNT *Limited Public Works Process March 19, 2024 L - 4 City Council Meeting March 19, 2024 PUBLIC COMMENT SIGN-UP SHEET Are you a City of Port Angeles Priresident or nt Name Clearly buslness owner? Topic Yes or No Yes or No g C- ,-IPA Tr i/14 ! Y iuut ✓ Yes or No Cj r�t,t-Y\; t ,h-1 es or / AT � '-'� b f )3eôi No L`\( L a es or No LO \ir A \ k cuo (71 M or No Yes ) or No L_ l\ \e € c' , Yes or No Yes or No Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference given to those who wish to speak to an item on the meeting's agenda. If time remains, the presiding officer will call other individuals wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for additional unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent connection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 Page 1 v, AAice \�J OF PORT -.-' ill I L � PROCLAMATION In Recognition of National Social Worker Month WHEREAS, Social Work is a profession truly dedicated to helping people; and WHEREAS, the primary mission of Social Work is to enhance human well-being and help meet the basic and complex needs of all people. Social Workers put a particular focus on helping people who are vulnerable, oppressed or living in poverty; and WHEREAS, Social Workers follow a Code of Ethics that calls on them to fight social injustice, and respect the dignity and worth of all people; and WHEREAS, Social Workers meet people where they are and help people and communities reach their full potential. The Social Work profession for more than a century has worked to improve this society, with Social Workers playing a role in establishing a minimum wage, Social Security, and Medicare and working to ensure equal rights for women,African Americans and people who are LGBTQIA2S+; and WHEREAS, Social Workers work in all facets of our society, including schools, hospitals, community organizations,jails,the military,mental health centers,social service agencies,corporations,and local, state and federal government; and 'WHEREAS, Social Workers are on the frontlines in helping this nation solve pressing social problems, including an increased demand for mental health services; an opioid addiction crisis; and economic inequality and a housing crisis; and WHEREAS, Social Workers are in high demand,with some states reporting shortages in Social Work staffing and the Bureau of Labor Statistics predicting Social Work will be one of the fastest growing professions in our nation during this decade; and WHEREAS, a public opinion survey from Ipsos said Social Work has a public approval rating of more than 80 percent and more than half of Americans say Social Workers deserve higher pay; and WHEREAS, the 2024 Social Work Month theme, "Empowering Social Workers" embodies the need for society to support Social Workers so they can continue to do the life-affirming work they do and help address societal needs. Social Workers in turn empower people, communities and our nation, helping everyone achieve their full potential; NOW,THEREFORE,I,Kate Dexter,Mayor,ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby proclaim the month of March 2024 as National Social Work Month to be recognized in Port Angeles and call upon all citizens in our community to join the National Association of Social Workers in celebration and support of the Social Work Profession. rrr00,.1 ,,!1,4r/4, ,r, y March 19, 2024 ate Dexter, Mayor .r. ok I •r r . : i,7. PORTANGELES FINANCE = W A S H I N G T O N , U . S . DEPARTMENT March 19,2024 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$2,673,040.95 this 19th day of March 2024. M yor City Manager "Where the mountains meet the sea" 360.457.041110nonce@cityotpa.us 1 www.cityofpa.us 321 E.5th Street,Port Angeles,WA 98362 I ELEVAlt PORT ANGELES 2026 Port Angeles City Council Update March 19, 2024 / --1, ..1e0/c and sluanRisaDueuiJojAad +0471_ • , ieuo!Teiodo AIIn4 eDUO sqoIN\au +osz, • INL*6 $ :ainlDnAlseAju! D!iqnd nnaN . sluawisanui alen!Ad u! v10471 $ • ' '4.1.4.: . ..-- ..-- Ao-luoj '::,20,---- .----."----- .IL-2AnlinD , IILH s-luen3 , t_ Liiv\IA . .1Doci . _ sl-JV Pla!A ,,, ••''' IlS )1 l9 /t L' De . --- 1 i e d ,.. _;,,..1.. j A L., Li N\ •E /old -I.ID .__ ._. - • ,.-.D Li i AoluaD .1 -- i .7-...., -- - i,--.4.' 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EI_EVA1 E PREFERRED FUTURE PORT ANGELES r-- 2026 DESTINATION , ,WrIrknWiE 151470rWs, Xs¢ itnr,r"Va The downtown district is a''desirable plat;for locals and visitars It is recognized as a special and unique location that is visited frequently variety of happenings.'The district is not a lone destination, but rather a priority visit in the context of a regional experience and l festyle ELEVATE PORT ANGELES PREFERRED FUTURE—2026 DESTINATION 1 1 ...) 1 „ 1 GATEWAY TO ' WE HAVE WHAT YOU WANT ADVENTURE I WHEN YOU NEED IT 1 ' 2 1 1 i 1 1 2 1 3r f DISTI 1 DISTINGUISH. 2 • i 2 3 The downtown district delivers a ® — cohesive encounter with visitors.The 1 a 2r-;L , -2 1' experience le unequaled by anr z �! VISITOR F�CPERIENCE - integration of offerings and amenities i VISION which are complimented by the natural 2 3 IF setting.A visitor friendly environment w WORKSHOP enables extended stays to.participate in } ,`$° July 12, 2021 multiple linked activities. f — _------- } j ---- BASECAMP PORT ANGELES, / UNREALIZED j 7 BEST TOWN IN AMERICA vs, / POTENTIAL 1 ___ I 1 __ ; ` / I i —— GATEWAY �i_cvo�'� The Future is Now . PORT ANGELES 2026 -,.,. xx- Hoch eachtAk � 41 Seap Drily IIR f VI ,41 'tea w> 1 ,+, y, .. k d n . t f gas ►�� � r t frgq C !jolt. ��r•• tCit j i► w w . y I .) ilk -� cif" r ) �j ����� T� Remode ed Red iron parr_ �.wp ,.� - rrrr� � ��111M �Lwli_r72,'-V'tl iia:s� ��T SF .�. , , ..,,, ,,,� .. `... � ...., , "" a � _ t c *. $ r, �i �� '�.._._ a �""�;' *a�44= w.aW mw,.,+�. .w�xva ,v- v. ,+.+..-..»,.-�. .*e , + x13",k Y`T 4 • . n • ry SSU , � es, f �m'''r rirtla i , , . d 0 CI_CV�I C PORT ANGELES 202 ii: Opportunityy Wit. Challenges Opportunities • Curb Appeal • Unique Location • Visitor Safety and Security • Vistas/Views • Length of Stay • Linkages to the Regional Experience • Storefront Vacancies • Events and Happenings • Stakeholders Commitment • District Designation • Organization Sustainability • Anchors and Infrastructure • Identification of business and • Volunteer Base attraction gaps • Pedestrian ffic • Livability • Moment in TraTime G ELEVAlwE 5-Year Strategic ACTION Plan PORT ANGELES 2026 Core Value and GuidingKey indicators and Principles Performance;Metrics Strategy Strategy Strategy Strategy Stagy strategy Strategy Strategy Strategy Streititeegy strategy Strategy Strategy Strategy Strategy Strategy Action Action Action Action Action Action (!motion Action Action Action Action Action Action Action Action Action Action Action Action Action Action Action Action motion Action Action Action Action Action Action Action Action Action ActionAction Action Ac on rt A � Action Action Action Action Action Action � ActionAte Ai n 'Action fiction Action Action 4 Goals, 64 Actions • ELEVATE u Authentic PORT ANGELES Promotion A distinct, authentic brand and title. 2026 .L43i1NS SJ Jk +;.PT'NL'bw PA�6,LAP',.Nw9h xVwn vSyy,f•>.. A well-defined geographic area that is attractive, comfortable, ,'Wei* -, <� and provides a positive overall guest experience that reflects . " our local lifestyle �u dot s { � $300M in private and public investment within and near the district. Over 150 housing units within the district and 50 housing units within three blocks of the district. r x Average vacant street level storefronts less than five (5) per year h Zhu SustainableA leadership structure and communication mechanism that will Model transition to a new, sustainable organization that will manage ELEVATE PA 2026 and develop an updated plan in the future ELEVATE Y PORT ANGELES Actions Completed 2026 ✓ Steering Committee & Goals Leads ✓ Stakeholder communications & regular meetings ✓ Cleaning, maintenance, & beautification programs ✓ Shuttle between the Waterfront District and Hurricane Ridge ✓ Improved access to public restrooms in the district ✓ Dedicated/on-site district police officer ✓ Community-wide Calendar (OlyPenCalendar.com) ✓ District brand development ✓ Social media presence ✓ New entity to manage ELEVATE PA ■ in • ■ ■ ■ • i • 0 '- - V NM U- oc v) MO W — AI INN 111� EE .. PAWD 2024 Board of Directors WATERFRONT DISTRICT Caleb McMahon, Port of Port Angeles - Board Chair Jessica Weirsma, Black Ball Ferry - Board Secretary Steven Pelayo, Olympic Peninsula Lodging Alliance - Board Treasurer Marc Abshire, Port Angeles Chamber of Commerce - Executive Director (Acting) Johanna Bartee, HarborTowne Marketplace Suz Bennett, Lower Elwha Klallam Tribe Stevie Borggard, Kindred Collective Corey Delikat, City of Port Angeles Mary Sue French, Cabled Fiber & Yarn Jim Haguewood, Port Angeles Realty Ashley Liberty, ONYX MVMNT Studios / Angeles Brewing Supplies & Taproom Steve Raider-Ginsberg, Field Arts & Events Hall Rose Thompson, Fogtown Coffee / Markwood Events Actions In Process WATERFRONT DISTRICT • Welcoming Vista - Front St above Red Lion • Year-round programming & pop-up events in Lot B • Wayfinding signage • Property owner involvement & investment • Entrepreneurship pipeline development & support • Annual celebration of volunteers & achievements • Budget and funding development • Regular progress assessments • District Boundaries & Assessment Structure District Boundaries ......". , : WATERFRONT DISTRICT ArN,44,s 'N1111142h6 .4.116b.. I Current i\, i .4., • '''• ,,,,. i"),;., 441' 1410i4k). 4 Aid " 4:440p 41111110P l'irteA, .4"4;4 i i r:4 4' * , . District Boundaries ime-04‘011AitimI ii........... : M " ...... „. WATERFRONT DISTRICT iceliCto Boundary option 1 ......... Boundary option 2 (adds to option 1) u-Wits.... 4100".'-'1410 ,46.44. , viripir. *lop % 'NW ‘;). ha, iii."-Nlir 4 401P Potential ilk* *4 ' #.4f 1-& • • #4:1 «,t '''. f /4111WAA1040 /1111p.wfit A6 te A I//At :. .1W4Illpio, Vitt 4:eitch., , . 4f. VI, ,I•w lir /4 11110,Zri; Ate ikpillp 4,4, 49:4147# dr 444,1„...71' 1 1 tkoitiV 41//ii 144 i 9'40/ ' *#, *49,1/At --, 1 4 Ire,"*. 40444 ,414,4.4* • _/* 4p,,, 440p0,4%,, ,, ,149///i7 4p,witrt•,„, ke,„„/#7%,„," 4f#,,4#4974,PA, Artiit sikqr,f4p, 4,40.4v .44piiii.A.... , 49;411/7,411/7* . f4/447 .4ipg4fik '-- 44. . *4117. 44.1.F 4/44* 49,141Ziffic • 'ifle, - -1 -,w, .- - 44Pils.4:1: ots, 10,11, • 44 A, 4.467111•wA6 IP 'I* ior 4P i sr w , 1 IV" * 41 44°4' • Al Pkt 4i11/4P>4%4 1 477 c4 411t9 /it Ati Ho WATERFRONT DISTRICT EI-EVAlwE PORT ANGELES 2026 Thanks for Your Support!