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Home My WebLink AboutAgenda Packet 11/03/2015 . P,OR' ' ; N � � CITY COUNCIL MEETING 321 East 5t Street W A S H I N G T o N, U. S. A. November 3, 2015 REGULAR MEETING — 6:00 p.m. 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. Mayor to determine time of break. 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 C. PUBLIC COMMENT - D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS — E. CONSENT AGENDA/Approve 1. City Council Minutes: October 6, 2015.................................................................................................................................E-1 2. Expenditure Approval List:from 1011012015 to 10/23/2015 for$4,120,604.43....................................................................E-6 3. City Pier Transient Float Moorage Agreement....................................................................................................................E-36 4. Urban Forestry Contract.......................................................................................................................................................E-67 5. Peninsula Area Public Access(PAPA)Cable Access Contract...........................................................................................E-75 6. Material Purchase:Electric Meters,Contract MEC15-35....................................................................................................E-91 7. Wastewater Treatment Plant Boiler Repair,Contract MEC15-34........................................................................................E-92 8. WSDOT Maintenance Agreement.......................................................................................................................................E-93 9. Appointment of Elijah Dumdie to the Public Safety Advisory Board .................................................................................E-96 F. PUBLIC HEARINGS 1. Ordinance Levying Property Tax for Collection in 2016/Open Public Hearing/Conduct First Reading/Continue to November17.........................................................................................................................................................................F-1 2. Resolution Demonstrating Finding of Substantial Need /Open Public Hearing/Conduct First Reading/Close Public Hearing/Adopt Resolution 3. Resolution Authorizing Property Tax Increase of 1%in Accordance with State Law/Open Public Hearing/Conduct First Reading/Close Public Hearing/Adopt Resolution Mayor to determine time of break/Hearing devices available for those needing assistance. November 3, 2015 Port Angeles City Council Meeting Page - 1 L OTHER CONSIDERATIONS 1. Teamsters Sworn Collective Bargaining Agreement ...........................................................................................................I-1 2. Interlocal Agreement with Clallam County for Criminal Justice Services ...........................................................................1-35 J. FINANCE 1.Lodging Tax Advisory Committee Marketing Recommendations.........................................................................................J-1 K. COUNCIL REPORTS - L. INFORMATION City Manager Reports: 1. Public Works&Utilities Quarterly Consultant Report..........................................................................................................L-1 2. Public Works&Utilities Construction Status Report..........................................................................................................L-15 3. Public Works&Utilities Grants and Loans Status Report...................................................................................................L-17 4. Parks,Recreation&Beautification Commission Minutes...................................................................................................L-19 M. EXECUTIVE SESSION N. SECOND PUBLIC COMMENT O. ADJOURNMENT- Note: There were no items for section G or H. PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions, which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. Mayor to determine time of break/Hearing devices available for those needing assistance. November 3, 2015 Port Angeles City Council Meeting Page -2 PUBLIC INTEREST SIGN-UP SHEET • PORT ANGELES CITY COUNCIL SPECIAL MEETING :-= WASH I N G T O N, U. S. A. DATE OF MEETING: November 3, 2015 LOCATION: City Council Chambers You are encourap-ed to sign below if: 1. You are here to listen to the City Council discussion on a particular agenda item; 2. You want to speak during the Public Comment period of the agenda. If several members of the public are interested in a particular agenda item, the Mayor may move that item so it is discussed earlier in the meeting. Also,the Mayor may use the information provided to organize the Public Comment period. During the Public Comment portion of the meeting, the Mayor will invite citizens to talk with the Council about topics that are not scheduled for public testimony on the evening's agenda. Prior to the start of the "Public Comment"portion of the public hearing, all persons wishing to be heard are asked to sign in with the Clerk, giving their naines and addresses, and topic. The Mayor may arrange the order of speakers so that testimony is heard in the most logical groupings. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 3 minutes per person and a total of 15 minutes for this comment period. At the discretion of the Mayor,these time periods may be lengthened or shortened. Following any public comment,the Mayor may allow time, limited to five minutes, for response from City Council members and/or City staff. No speaker may convey or donate his or her time for speaking to another speaker. If many people wish to speak to a particular issue, the Mayor may limit the total amount of time dedicated to that single issue. Written comments may be submitted into the record of a Council meeting by presenting the written document to the Clerk prior to the meeting, in which case a copy of the document will be provided to each Council Member, but the document will not be read aloud; or a document may be distributed to the City Council, with a copy to the Clerk, by a speaker while the speaker is addressing the Council. t�lvt � Y)l N /N N G:\Group\C1erk\Fornis\Counci1 Attendance Roster.doc PUBLIC INTEREST SIGN-UP SHEET 11' 5Lo � o ix,e �i q- K�, (41UG N Y/N Y /N Y/N Y/N Y /N Y/N Y/N Y/N Y /N Y/N Y/N Y /N Y /N Y/N Y/N Y/N Y /N Y/N Y /N Y /N Y /N G:\Group\Clerk\Fonns\Council Attendance Roster.doc � | , � To: Port Angeles City Council Members F[: Darlene Schanfal6Ph.0. BB: Water Fluoridation Date: 10-29-15 Dear City Council Members: BENEFITS IN QUESTION. HARM IS KNOWN. END WATER FLUORIDATION You have heard the medical doctors and dentists ask you to trust them,L0believe fluoridated water is safe. You have hoard from medical doctors and dentists to believe them and attend tofederal government statements that fluoridated water has not been approved and that swallowing fluoride is unsafe, and that fluoride has been oh0VVD to affect thyroid [UDcd0DiDg, and lowers children's }0S. 1,2 Let's look at the ''tr8st" issue. Doctors and dentists,83iD other profession, are schooled and trained Optoapoint. Some keep Up0D current literature, many du not. They practice 8Sthey learned. How they advise and treat patients iS based nn schooling, practicing their art, and some updating. But look at what insurance companies tell clients, especially when it comes Cnsurgery: "Get 8second and even 8 third opioioD." Insurance companies do not want t0 pay out for wrong diagnosis and faulty operations that can lead to more needed healthcare. All VfU3 must know o[such cases. As we are now taught, do not trust. Patients are responsible for their 0VYD health care and should and can do their own research. Do No }{@rDl 1S@ [0ediCG) motto.; trust your doctor is not. When I'm given a doctor's prescription, I look up the ingredients and the side affects. The prescriber may only tell you some of this information if asked. Too often itis not offered iy not asked for. | bat 1UU% ofscarry information 0D prescriptions I've been given. T have called back prescribers and ask ifshe/he knew some of the harmful ingredients. l often get this answer: N0. 0r CHANCES ARE SMALL. Trust? Not with my life! Dr. Crystal Tack, in her closing statement for the anti-fluoride side, noted some past allowances that today VVo know are unsafe,such 8ssmoking. Remember when m/e could put our feet iD the Buster Brown radiation apparatus? No more. Roundup herbicide safeness. N0 more-its ingredients are 8 known human carcinogen. /\abeSt0S. No more. Former cancer treatments that disfigured women? Less and less. Few medical students are trained about how food and sleep play x part iDone's health. Still, after 6U years after the initiation of sleep disorders field, do a [evv hospitals teach medical students about sleep and fewer yet rotate them through a sleep clinic for training. And sleep studies are still not ordered for patients given medications to see how those meds may impact sleep and effect sleep disorders. I know. That was my profession and I did saw medicine impacts. Teaching nutrition as part of medical student education is even much less often, though the part diet plays in health is well known. You might, and should know that medicines are trialed on only certain, select populations before they are marketed. Thus, in essence, patients at large become guinea pigs for learning about drug affects. As for dentists,they still give out candy in their offices! What a way to promote cavities, obesity, and long term business. And for years they promoted silver fillings, which we now know contain mercury and that as these fillings wear, the mercury enters our blood stream. The reason many dentists in WA State stopped using silver for fillings is because the WA State Department of Ecology wanted to stop mercury from entering our water bodies. (The silver waste from dentist offices drain into lines to sewage treatment plants and distributed mercury in the effluent, and maybe in the solids used for commercial compost.) In sum, medical and dental fads come and go. Ending City water fluoridation is one budget item you can delete both for the health of the City's economy and,very importantly, for public safety. Vote not to retain water fluoridation. Attached is an article about water fluoride with serious consequences. RENEEITS IN QUESTI®N. HARM IS KNOWN. END WATER FLUORIDATION 1)http:t/www.washingtonsblog.com/2012/07/iharvard-study-published-in-federal-govennuent-journal- finds-fluoride-lowers-childrens-iq.httnlflarvard Study—Published in National Institute of Health Journal— Finds Fluoride Lowers Children's IQ 2)llttp://www.ncbi.nlm.nili.gov/pubmed/23119131 .Darlene Schanfald 901 Medsker Rd Sequim WA 98382 htip://www.tliegnardian.com/global-development-professionals-network/2015/oct/29/the-indian-village- fighting-fluoride-poisoning-with-vittunins-and-clean-water The Indian village fighting fluoride poisoning with vitamins and clean water A pioneering project to cure children crippled by fluoride poisoning holds hope for tens of millions of people ti r Nur Jahan Begum has skeletal fluorosis. Her forearms are bent just above the wrists, meaning that she cannot feed herself. Photograph: Joshua Carroll for the Guardian For years the people of Tapatjuri, a remote village in northeast India, thought evil spirits were tormenting them. It was the only way they could explain why hundreds of people in their community were crippled, with bones bent so badly out of shape that many could not wash, eat, or leave their houses without help. The disease struck all three of Taramiya Uddin's children, starting in the late 1.990s when his eldest son was a small boy. One day a roaming witchdoctor known as a kabiraj arrived offering to cure his son. The Icabiraj chanted an incantation into a bottle of mustard oil and told Taramiya to rub it on his son's legs, which splayed outwards from the knees, making walking painful. The cure didn't work, but witchdoctors continued to arrive in the village with their elixirs, charging desperate parents more than a thousand rupees, roughly£10—several times the average daily income of£135. A major public health problem The problem was the water, contaminated with naturally occurring fluoride. Most people in the village in Assam state, like millions across India, had been drinking from pumps that drew water from deep below ground, where it had absorbed dangerous levels of the chemical from fluoride-bearing rocks. Skeletal fluorosis is a major public health problem in at least < �� f tts xs, but India and China are believed to be the worst-affected, with tens of millions suffering from either bent bones, or less severe dental and non-skeletal fluorosis. In the UK the chemical is associated with healthy teeth, and is even added to drinking water by some local councils. But when it accumulates in the body at excessive levels it begins to mottle teeth and calcify joints. P 0 r 'b 0M,MA `. s er �� 4 r; w a'`vwe.'' a£ ap' � Faccbook Twitter Pinterest All three of Taramiya Uddin's children have been struck by skeletal fluorosis after drinking contaminated water. India is one of the worst countries affected by the disease. Photograph: Joshua Carroll for the Guardian The World Health Organisation recommends an upper limit of 1.5 parts per million of fluoride in drinking water. In Tapatjuri, people have been drinking from wells containing up to 1.5 parts per million. Now Tapatjuri and two nearby villages are the site of a pioneering project to reverse the disfiguring effects of fluorosis in children. A team led by Dr AB Paul, former chief engineer at the state's public health and engineering department, is treating 20 patients between the ages of four and 13 using simple nutrition tablets and fresh water. The treatment, which includes calcium and vitamins C and D, can alleviate symptoms in adults, but the project targets children because its supporters believe the fact that their bones are still growing makes it is possible to cure them entirely. Taramiya's eldest son, who was "treated" by the witchdoctor, is now 18 and has permanently misshapen bones, but his eight-year-old brother Farhan appears almost completely cured. In 2012 his knees knocked together and he couldn't walk to school on his own. Now his legs are straight, and he can run and climb trees, though his father says his muscles are still weak. He has improved more than the 20 children on the new programme because he has been receiving treatment for longer. His parents began following Dr Paul's advice more than two years ago. Dr Paul and his team have been working in the village since 1999 to tackle superstition and encourage families to change their diets and drink safe water. They have also convinced authorities to supply the village tract with fluorosis-free water, and the contaminated wells around Tapatjuri are now marked with red crosses. Taramiya laughs, perhaps a little embarrassed, when he recalls handing his money over for magical cures. "Yes, I believed in it"he says. "Overall I spent 25,000 rupees [about £250] on the kabirgj. He is a fraud." There is strong evidence the treatment offered by Dr Paul's team works, but most doctors in India are not trained to deal with the disease, said Andezhath Susheela, executive director of the Delhi-based Fluorosis Research and Rural Development Foundation. "The majority of paediatricians do not understand fluorosis and children do not get appropriate medical assistance," she said. `No one tested the water` While fluoride-contaminated water occurs naturally, human error is behind many cases worldwide today. During the 1980s the UN led a global campaign to dig wells in developing countries. Advertisement The campaign helped to drastically reduce cases of diseases like dysentery, which is caused by bacteria in surface water. However, neither governments nor the UN agencies involved made sure that the water below ground was free from chemical contaminants, said Chris Neurath, research director at the American Environmental Health Studies Project , an awareness group that focuses on the effects of fluoride. Making officials acknowledge the problem has been a painfully slow process. Dr Paul faced a"long struggle" after first recognising the disease in Tapatjuri in the late 1990s. "I had to argue with the health department to make them believe it was fluorosis," he said. Many medical professionals, unimpressed at being lectured to by an engineer, insisted the villagers were suffering from diseases with similar symptoms, such as polio or rickets. In 2002, the public health and engineering department installed shallow ring wells in the area, which avoided the deeper fluoride-bearing water deposits. At least that was the plan, but both the public health department and Unicef, which provided logistical and financial support, appear in this case to have failed to learn from the mistakes of the 1980s: no one tested the water, said Basanta Salawi, who has worked for the department since 1990. t 1 ,``_'�, P 5 ON- -S l FR ;; h y S v r• ,e Facebook Twitter Pinterest In the UK, fluoride is associated with healthy teeth, but when it accumulates in the body at excessive levels it begins to mottle teeth. Photograph: Joshua Carroll for the Guardian When the water was finally tested in 2012, four of the dozen wells that.were sunk were found to contain between three and five milligrams of fluoride per litre, far above the maximum level of one milligram recommended by the Bureau of Indian Standards. Officials at Unicef, which was part of the push to dig wells during the UN's international water decade of the 1980x, have pi-1-cE 1«t-i--iy. �t.(f Ei-itte;(I that a focus on installing large numbers of pumps meant quality was overlooked. It has since led de-fluoridation programmes and other water safety efforts across India. Caroline den Dulk, the agency's spokesperson in Delhi, said it would be"extremely difficult" to trace records for Tapatjuri from 2002, when Unicef did not have an office in Assam state. She added that Unicef works with governments to ensure quality issues are addressed before projects are commissioned. "Once the project is completed, it is officially handed over to the concerned community members and the quality assurance of the water source is the responsibility of the government," she said. Despite the hiccup with the ring wells, efforts to provide safe drinking water in Tapatjuri have no doubt improved the lives of the residents. - at.er shortages, however, are an everyday problem. Halima Begum, the mother of three children affected by fluorosis contamination, shouts at Salawi as he approachs their house on his rounds. He is in charge of rationing water between several villages, making him unpopular with some residents. Access to clean water and sanitation around the world—mapped Halima's frustration is understandable. Her three sons have been disabled by contaminated water, and she and her husband suffer from non-skeletal fluorosis, a painful condition that makes their joints and bones ache. While the number of children in the Tapatjuri programme is small compared to the hundreds suffering in the region, Dr Paul hopes it can be a model for other communities. Curing the disease should also help banish the harmful superstitions that have grown around it. "That's our aim," said Dr Paul. "Establish a success story, and show it to the people." �E f To City Council Nov. 3, 2015 From: Eloise Kailin, M.D. This community, and most notably its medical professionals have been seriously misled by deliberate withholding of critical information. 1. Washington Dental Services Foundation (WDSF) paid $48,779.00 to Washington Department R of Health (DOH) on Dec. 15, 2009 as part of a signed Agreement. As we read it, DOH agreed to hold as confidential any data in the 2010 Smile Survey which might be contrary to the interests of WDSF. Should the WSDF be be sued the State agreed to be responsible for costs of defense of WDSF. 2. The Clallam County 2010 Smile Survey was published with omission of any facts which could have identified a relationship between fluoridation and dental cavities in children. 3. Access to the specific information contained in the recorded survey was refused by the County and long delayed by the state DOH. f 4. Misrepresentation of survey contents by WDSF was protested by the DOH in 2011.(See email DOH to WDSF April 26,2011). 5. Misrepresentation of data for preschool children between 2005 and 2010 is repeated in the • present fluoridation campaign. There is no evidence that decrease in cavities in preschoolers dropped 20% from 2005 to 2010: none were examined in 2005. 6. A preponderance of the medical community is convinced that water fluoridation is of critical benefit to reduction of cavities in children .They are unaware of the recorded observations to the contrary that lie in the WDSF protected data.. 7. We used all relevant data for treated and untreated cavities for 8 and 9 year olds from the 2005 Clallam Smile Survey. We found that a higher percent of children were free of cavities when they lived in an area which was not fluoridated . 30.2% of children attending Forks schools are free of cavities. This compares to 34.3% of those living in Port Angeles before its fluoridation. Looking at the numbers of cavities per child, treated plus untreated, we found that, fluoridated Forks kids had an average of 1.1270 cavities per child, compared to 0.9174 for unfluoridated Port Angeles kids , less than one cavity per child. ` The Smile Surveys do not uphold claims made by the Dental Foundation. This information should not have been with held from the public. Clallam County children are not benefiting from water fluoridation. i C:1Epi_Info\SmileSurvey\OUT121.htm �'"jA- `Ue Page 1 of 1 E i Info p J Results Library Current View: C:\Epi_info\SmileSurvey\ClallamCnty.mdb:StudeutData Select: (Age=(8) OR Age=(9 )) AND (FKEYI >( 0)AND FKEYI <( 7) ) Record Count: 476 Date: 8/2/20.15 3:29:59 PM MEANS Caries Next Procedure Forward Caries Frequency Percent Cum P Iv l 162 34.3%E 34.3% 205 43.4% /o `x C� 89 18.9% 96.6% y 14 3.0% 99.69/o ®�E0El ioo-oKll .Total 472 100.0% 100.0% Obs Total Mean ariance Std Dev 472 433.000 .9174 .6832 .8265 F Minimum 25% Median 75% Maximum Mode 0.0000 0.0000 1.0000 1.0000 4.0000 1.0000 file:///C:/Epi—Info/SmileSurvey/OUT12l.htm 8/2/2015 IRS A way through the fluoride maze- public comment 11032015 Stephanie Noblin Ladies and gentlemen of the council, We have been here discussing fluoride many times recently. Your time to propose a way forward is rapidly coming. Your decision will affect thousands of people. This will be in the history books for a long time....will you be known as the council that decided to medicate the water or not. You have heard the negative comments regarding the council that ignored the citizens vote years ago. How will the citizens 10 years from now think about this city council? Were they wise or just personally and politically motivated? I have encouraged you in the past to look for a solution to meet ALL of the communities concerns. I will again offer that proposal that satisfies both sides of the argument. There has been much concern over the dental health of our children. It has been well established that pharmaceutical grade fluoride applied to kids teeth directly as a varnish can be very helpful in strengthening the enamel of the tooth surface. It has also been well established in the debate discussions that the FDA warns that swallowing fluoride is toxic along with causing other problems when ingested. So, what to do. Please consider NOT fluoridating the water. Then take a portion of the annual cost of purchasing the Fluorosilicic acid plus the dollars that will be required to update the current fluoride pump system to create a grant fund for the dentists in PA to use annually to serve the indigent children that need the most help. Create a program where the dentists visit the schools annually and provide a basic exam and application of the fluoride varnish. Of course parents should have the right to opt in or opt out of the service for their children. Adults can make their own decision regarding the use of products containing fluoride. I know our intelligent dentists can create a fair and equitable program for our youth at the right age, etc. while the city council refrains from medicating everyone else. Good luck council. I CITY COUNCIL MEETING Port Angeles, Washington October 6, 2015 CALL TO ORDER SPECIAL MEETING: Mayor Di Guilio called the special meeting of the Port Angeles City Council to order at 5:02 p.m. Members Present:Mayor Di Guilio,Councilmembers Bruch,Collins,Gase,Kidd and Whetham. Members Absent: Deputy Mayor Downie. Staff Present: City Manager McKeen,Attorney Greenwood,Acting City Clerk K.Martinez-Bailey,C.Delikat, K.Dubuc, C.Fulton,T. Gallagher,B. Olson,and N.West. EXECUTIVE SESSION: Based on input from Attorney Greenwood,Mayor Di Guilio announced the need for a closed Executive Session, under the authority of RCW 42.30.140 for the purpose of discussing collective bargaining negotiations,for approximately 45 minutes. The Executive Session convened at 5:02 p.m. RETURN TO OPEN SESSION: The Executive Session concluded at 5:50 p.m.No action was taken. ADJOURNMENT: Mayor Di Guilio adjourned the special meeting at 5:50 p.m. CALL TO ORDER-REGULAR MEETING: Mayor Di Guilio called the regular meeting of the Port Angeles City Council to order at 6:02 p.m. ROLL CALL: Members Present:Mayor Di Guilio,Councilmembers Bruch,Collins,Gase,Kidd and Whetham. Members Absent: Deputy Mayor Downie. Staff Present: City Manager McKeen,Attorney Greenwood,Acting City Clerk K.Martinez-Bailey,B. Olson, C. Fulton,N.West,T. Gallagher,K.Dubuc,and C.Delikat. PLEDGE OF ALLEGIANCE: Mayor Di Guilio led the Pledge of Allegiance to the Flag. PUBLIC COMMENT: Eloise Kailin for Protect the Peninsula's Future,spoke against fluoride and asked why fluorosis was not recorded in the Washington State Department of Health Smile Surveys. Tom Harper, 122 West First Street,voiced his concerns regarding the electronic warfare training proposed by the Navy and said he is alarmed about the possible damage to the local environment and economy and danger to wildlife. Scott Schaffer,representing the Clallam Mosaic Board,invited Council to attend their Town Hall Meeting in the Vern Burton meeting rooms on Thursday,October 29th. Dr. Scott Kennedy, 136 Old Black Diamond Road,spoke about the benefits of community water fluoridation. He asked that Council consider that the public health system strongly encourages the use of fluoridated water. 11/03/2015 E - 1 PORT ANGELES CITY COUNCIL MEETING—October 6,2015 Dan Bateham,207 Wolcott Street,said the citizens do not want community fluoridated water and that there are alternative ways to provide fluoride. Ron Richards, 124 Township Line Road,from Save the Olympic Peninsula,urged the Council to get involved in the proposed electronic warfare issue. He said the Forest Service will be coming out with a decision,but is not taking into account the possible negative impacts and that there are contradictions in the information that is being provided by the Navy on the number of flights that will be performed. Peter Ripley, 114 East 6th Street,spoke against community water fluoridation and said he hasn't seen any surveys on local fluoride results. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manazer or Councilmember- Manager McKeen pulled item G-1,Industrial Transmission(IT)Electric Rate Ordinance Amendment as it requires a Public Hearing. Councilmember Bruch asked that the Council address the topic of the Navy's proposed Electronic Warfare training at a future Council meeting. CONSENT AGENDA: At the request of Councilmember Gase Item 12, Donation from Security Services Northwest, Inc. for Purchase of Police K9/Accept Donation,was as pulled from the Consent Agenda. Council discussion followed. It was moved by Bruch and seconded by Kidd to approve the Consent Agenda to include: 1. City Council Minutes: September ls; 2015 2. Expenditure Approval List:from 910512015 to 9/25/2015 for$5,943,728.56 3. Equipment Purchase: WWTP Progressive Cavity Pump,Contract MEC15-28 4. Equipment Purchase: WWTP Leachate Submersible Pump, Contract MEC15-29 5. Lighting Upgrades Phase I,Project CL05-2014 l Final Acceptance 6. Peabody Creek Water Quality,Project DR02-12 l Final Acceptance 7. Department of Ecology Coordinated Prevention Grant Amendment 8. Civic Field Lighting Replacement Project/Grant Acceptance 9. Halko Boundary Line Agreement 10.Clallam County Property Dedication to Lopez Right of Way 11.Professional Services Agreement with Sargent Engineers for Structural/Civil Engineering Support Services Motion carried 6-0. Donation from Security Services Northwest,Inc.for Purchase of Police K9/Accept Donation Council discussion followed. It was moved by Gase and seconded by Collins to: Accept the donation from Security Services Northwest,Inc.for purchase of Police K9. Motion carried 6-0. OTHER CONSIDERATIONS: 1. Community Wall Nomination for Mr.Vern Burton Director of Parks and Recreation Corey Delikat provided Council with background on the community wall nomination,saying that the nomination recognizes outstanding and significant contributions of individuals within the community,adding that the Parks,Recreation and Beautification Commission voted unanimously in favor of the nomination.Parks Commissioner David Shargel spoke about Mr.Burton's history of coaching kids to national badminton titles and his 20 years of community work,adding that the Parks Commission listened to past students speak about their fond memories of the program and all that Mr.Burton did for the kids. Council discussion followed. Page 2 of 5 11/03/2015 E - 2 PORT ANGELES CITY COUNCIL MEETING—October 6,2015 It was moved by Bruch and seconded by Kidd to: Approve the Park,Recreation&Beautification Commission's recommendation to place a plaque on the City of Port Angeles' Community Memorial Wall honoring Mr. Vern G. Burton for all of his contributions to the youth of the Port Angeles community. Motion carried 6-0. Council discussion followed. Director Delikat said he will set a future date for the celebration. 2. Lodging Tax Proposal/Committee Recommendations Director of Community and Economic Development Nathan West spoke about the recommendation made by the Lodging Tax Committee in favor of naming the Chamber of Commerce for the operation of the Port Angeles Visitors Center for a three year term.He said the three year term was a suggestion made by the proposer,and the term was discussed by the LTAC.Director West gave an update on the marketing Requests for Proposals and said three will be chosen to be interviewed,and the winning proposal will be brought to Council at a later date. Council discussion followed. It was moved by Kidd and seconded by Gase to: Direct City staff to negotiate a three(3)year agreement with the Chamber of Commerce for the operation of the Port Angeles Visitor Center. Council discussion followed. Motion carried 4-2,with Whetham and Bruch opposed Mayor Di Guilio recessed for a break at 7:07 p.m. Deputy Mayor Downie joined the meeting by phone. 3. Fluoride Forum Questions/Council Discussion Manager McKeen provided background on the process of the fluoride poll,upcoming public hearings,and discussed the League of Women Voters role as moderators and time keepers during the public hearings. He reminded Council that Dr.Locke and Dr.Kailin were appointed as committee Chairs,and that each committee had submitted 10 questions. He said it was the Council's goal to choose the top three questions from each side to be used during the public hearing on October 22nd. Manager McKeen encouraged the"for"and"against"sides to stay after the fluoride forum to answer questions. It was moved by Bruch and seconded by Downie to: Accept the"for"questions 2,6,&8. Accept the"against"questions 2,3,&8. Motion carried 7-0. Council discussion followed. CITY COUNCIL REPORTS: Deputy Mayor Downie gave his verbal report over the phone.He spoke about his visit to the American Cruise Lines head office in Gilford,Connecticut where he met the Vice President of Marine Operations and hand delivered the proclamation on behalf of the City of Port Angeles.Deputy Downie ended his conference call,exiting the meeting. FINANCE: 1. Energy Conservation Payment Approval—(After the Fact) Director of Public Works and Utilities Craig Fulton provided background on the conservation project and explained why approval was needed after the fact. He said that the Energy Conservation agreement with Bonneville Power Association was approved by Council on September 15,2009,providing rebates to electric utility customers. He said two agreements were entered with BPA for amounts exceeding$25,000 without Council approval and that delay in payment would have cost the City money that would be fully reimbursable by BPA. Director Fulton said that the funding would have been lost if the contract was not approved. Council discussion followed. Page 3 of 5 11/03/2015 E - 3 PORT ANGELES CITY COUNCIL MEETING—October 6,2015 It was moved by Bruch and seconded by Kidd to: Approve(after-the-fact)two BPA reimbursable energy conservation product agreements with Tricklstar LLC for $38,000,and AM Conservation Group,Inc.for$228,876.97. Motion carried 6-0. 2. Waterfront Development Phase 2C/Change Order No.4,Project TR02-2003 Director West discussed the details of the change order, saying it represents the opportunity for the waterfront project to be completed. He thanked the departments that made it happen in a cost effective manner, including the planting of grass put on hold due to the drought. Council discussion followed. It was moved by Kidd and seconded by Collins to: Approve and authorize the City Manager to sign change order 4 for Waterfront Development Phase 2C(Upland Phase),Project TR02-2003,with Primo Construction,Inc.,of Sequim,WA in the total amount,of$221,857.38 bringing the contract total to $1,333,489.07 including applicable taxes and mark ups,and to make minor modifications to the agreement,if necessary. Motion carried 6-0. CITY COUNCIL REPORTS (continued): Councilmember Gase spoke about sitting in on the Lodging Tax Advisory Committee meeting. He thanked the committee for working through the details and thanked them for their time. He also thanked Director Delikat for devoting his time to the United Way campaign. Councilmember Whetham said he is looking forward to the fluoride vote and pledged he will support the peoples' vote on the fluoride issue. Councilmember Collins said he requested a report from the Clallam County Economic Development Council,and said they will be getting back to the City.He spoke about visiting delegates arriving on the ferry from Esquimalt B.C.to attend the Crab Fest and that he would be there to meet them after they got off the boat as a part of an exchange that began one year ago. He suggested the City develop a relationship with Esquimalt.He spoke about the upcoming event at the Gateway Transit Center to celebrate the 351'anniversary of Clallam Transit. Councilmember Bruch spoke about her time in Washington D.C. at the Smart Cities Conference,and plans to bring more information back to the next meeting. While she was there she stopped by Representative Derek Kilmer's office. She said he is working with different government agencies on sewage and trash issues. Councilmember Bruch said the final report on Climate Change is out,she said there are policies in the report that the City should consider adopting. Councilmember Kidd said she was proud of her fellow Councilmember for representing Port Angeles in Washington D.C. She spoke about her recent attendance at a Peninsula Area Public Access board meeting,and said she appreciated Director Fulton's involvement with the group. She said they meet every second and fourth Thursday and encouraged Councilmembers to attend. Mayor Di Guilio spoke about the American Cruise Lines proclamation that Deputy Downie hand delivered,and thanked them for coming to Peninsula during the summer months. He spoke about the proclamation presented to Scooter Chapman during a visit to the KONP radio station,surprising him while on the air. Mayor Di Guilio said he also delivered a proclamation to retiring Peninsula Daily Newspaper editor John Brewer,and spoke about his career and the support he gave to the community. No other reports were given. SECOND PUBLIC COMMENT: Dan Bateham, 207 Wolcott Street, said he was corrected during the break regarding his earlier comment about the last time fluoride had been put to a vote,he also spoke about the petitions that were signed ten years ago. Page 4 of 5 11/03/2015 E - 4 PORT ANGELES CITY COUNCIL MEETING—October 6,2015 INFORMATION: Manager McKeen spoke regarding the reports in the packet and reminded Council of the upcoming meetings. EXECUTIVE SESSION: It was determined there was no need for an executive session. ADJOURNMENT: Mayor Di Guilio adjourned the meeting at 8:02 p.m. Dan Di Guilio,Mayor Kari Martinez-Bailey,Acting City Clerk Page 5 of 5 11/03/2015 E - 5 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount BILL'S PLUMBING&HEATING INC RAYONIER SANIKAN 001-0000-239.96-00 85.00 HOWCROFT ENTERPRISES K9 Purchase 001-0000-237.00-00 -546.00 K-9 Purchase 001-0000-237.00-00 -58.80 AMERICAN PROMOTIONAL EVENTS OL REFUNDS 001-0000-213.10-91 100.00 Port Angeles Symphony VERN BURTON DEPOSIT REFUN 001-0000-239.10-00 150.00 Sharon Atkinson CAMPFIRE CLUBHOUSE DEPOSI 001-0000-239.10-00 50.00 TAMMY RUX Reissue Ck#107597 001-0000-263.90-10 6.40 PORTANGELES FINE ARTS CENTER FNCMISC PROFESSIONAL SERVICE 001-0000-237.00-00 -34.82 SECURE IT TACTICAL, INC. Cabinet/Shelves 001-0000-237.00-00 -211.95 US BANK CORPORATE PAYMENT SYSTEICity credit card pmt 001-0000-213.10-95 -13,002.31 City Credit Card Pmt 001-0000-213.10-95 14,402.78 Battery& Lens cap-CM O 001-0000-237.00-00 -4.94 Respirator Exhaust Valves 001-0000-237.00-00 -3.72 RadioHolders-Roggenbuck 001-0000-237.00-00 -5.52 Holsters-Roggenbuck 001-0000-237.00-00 -12.57 Duty Gear-Roggenbuck 001-0000-237.00-00 -85.87 Irrigation Supplies- Boon 001-0000-237.00-00 -9.16 Phone Cases-Boone 001-0000-237.00-00 -1.50 Elephant snot-Boone 001-0000-237.00-00 -6.56 Camera bag-Boone 001-0000-237.00-00 -2.14 Dog trash bags-Boone 001-0000-237.00-00 -90.35 WA STATE PATROL LIVE SCAN PRINTS SEPT 201 001-0000-229.50-00 340.25 WASHINGTON(DOL),STATE OF AUG STATE SHARE CPLS 001-0000-229.60-00 396.00 SEPT STATE SHARE CPLS 001-0000-229.60-00 450.00 Division Total: $1,904.22 Department Total: $1,904.22 ADVANCED TRAVEL Mutsu Dinner-DiGuilio/K 001-1160-511.31-01 52.42 Ribfest-Collins 001-1160-511.43-10 36.00 US BANK CORPORATE PAYMENT SYSTEIAWC Conference -Collins 001-1160-511.43-10 150.00 Legislative Mayor& Council Division Total: $238.42 Legislative Department Total: $238.42 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-1210-513.42-10 14.42 09-23 A/C 206T302306084B 001-1210-513.42-10 13.74 09-23 A/C 206T310164584B 001-1210-513.42-10 14.42 09-14 A/C 3604570411199B 001-1210-513.42-10 56.80 10-05 A/C 3604529887652B 001-1210-513.42-10 1.38 10-05 A/C 3604523877817B 001-1210-513.42-10 1.38 10-05 A/C 3604525834211 B 001-1210-513.42-10 1.38 10-05 A/C 3604529882811 B 001-1210-513.42-10 1.25 10-05 A/C 3604525109623B 001-1210-513.42-10 1.38 10-05 A/C 3604523712585B 001-1210-513.42-10 2.81 CONSOLIDATED TECH SERVICES Scan Charges 001-1210-513.42-10 7.08 11/03/2015 Pagel E - 6 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-1210-513.31-01 7.42 SCHOOL EQUIP&SUPPLIES 001-1210-513.31-01 47.39 US BANK CORPORATE PAYMENT SYSTEICouncil mtg supplies 001-1210-513.31-01 28.68 Working Lunch-McKeen, B 001-1210-513.31-01 21.25 Battery& Lens cap-CM O 001-1210-513.31-01 63.68 Working lunch-McKeen, Bru 001-1210-513.31-01 18.26 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-1210-513.42-10 70.46 City Manager City Manager Division Total: $373.18 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-1220-516.42-10 2.88 09-23 A/C 206T302306084B 001-1220-516.42-10 2.75 09-23 A/C 206T310164584B 001-1220-516.42-10 2.88 09-14 A/C 3604570411199B 001-1220-516.42-10 11.36 10-05 A/C 3604529887652B 001-1220-516.42-10 0.28 10-05 A/C 3604523877817B 001-1220-516.42-10 0.28 10-05 A/C 3604525834211 B 001-1220-516.42-10 0.28 10-05 A/C 3604529882811 B 001-1220-516.42-10 0.25 10-05 A/C 3604525109623B 001-1220-516.42-10 0.28 10-05 A/C 3604523712585B 001-1220-516.42-10 0.56 CONSOLIDATED TECH SERVICES Scan Charges 001-1220-516.42-10 6.63 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-1220-516.42-10 61.43 City Manager Human Resources Division Total: $89.86 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-1230-514.42-10 1.44 09-23 A/C 206T302306084B 001-1230-514.42-10 1.37 09-23 A/C 206T310164584B 001-1230-514.42-10 1.44 09-14 A/C 3604570411199B 001-1230-514.42-10 5.68 10-05 A/C 3604529887652B 001-1230-514.42-10 0.14 10-05 A/C 3604523877817B 001-1230-514.42-10 0.14 10-05 A/C 3604525834211 B 001-1230-514.42-10 0.14 10-05 A/C 3604529882811 B 001-1230-514.42-10 0.13 10-05 A/C 3604525109623B 001-1230-514.42-10 0.14 10-05 A/C 3604523712585B 001-1230-514.42-10 0.28 US BANK CORPORATE PAYMENT SYSTEITraining-Porlier 001-1230-514.43-10 140.00 Membership-Porlier 001-1230-514.49-01 25.00 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-1230-514.42-10 57.44 City Manager City Clerk Division Total: $233.34 City Manager Department Total: $696.38 UNITED WAY OF CLALLAM COUNTY 2ND 1/2 FUNDING 001-1390-519.49-71 23,175.00 City Manager Community Service Division Total: $23,175.00 City Manager Department Total: $23,175.00 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-2010-514.42-10 10.09 09-23 A/C 206T302306084B 001-2010-514.42-10 9.62 09-23 A/C 206T310164584B 001-2010-514.42-10 10.09 11/03/2015 Page 2 E - 7 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-14 A/C 3604570411199B 001-2010-514.42-10 40.02 10-05 A/C 3604529887652B 001-2010-514.42-10 0.89 10-05 A/C 3604523877817B 001-2010-514.42-10 0.92 10-05 A/C 3604525834211 B 001-2010-514.42-10 0.94 10-05 A/C 3604529882811 B 001-2010-514.42-10 2.05 10-05 A/C 3604525109623B 001-2010-514.42-10 0.92 10-05 A/C 3604523712585B 001-2010-514.42-10 4.46 CONSOLIDATED TECH SERVICES Scan Charges 001-2010-514.42-10 15.04 US BANK CORPORATE PAYMENT SYSTEIOffice Supplies-Olson 001-2010-514.31-01 87.99 Chargers for phone-Olson 001-2010-514.31-01 75.64 Credit-Olson 001-2010-514.43-10 -50.00 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-2010-514.42-10 61.40 Finance Finance Administration Division Total: $270.07 ADVANCED TRAVEL WFOA Conference-Wright 001-2023-514.43-10 122.00 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-2023-514.42-10 12.98 09-23 A/C 206T302306084B 001-2023-514.42-10 12.37 09-23 A/C 206T310164584B 001-2023-514.42-10 12.98 09-14 A/C 3604570411199B 001-2023-514.42-10 51.12 10-05 A/C 3604529887652B 001-2023-514.42-10 1.24 10-05 A/C 3604523877817B 001-2023-514.42-10 1.24 10-05 A/C 3604525834211 B 001-2023-514.42-10 1.24 10-05 A/C 3604529882811 B 001-2023-514.42-10 1.12 10-05 A/C 3604525109623B 001-2023-514.42-10 1.24 10-05 A/C 3604523712585B 001-2023-514.42-10 2.53 CONSOLIDATED TECH SERVICES Scan Charges 001-2023-514.42-10 2.62 OLYMPIC STATIONERS INC SUPPLIES 001-2023-514.31-01 51.18 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES&ACCESS 001-2023-514.31-01 193.01 Finance Accounting Division Total: $466.87 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-2025-514.42-10 18.75 09-23 A/C 206T302306084B 001-2025-514.42-10 17.87 09-23 A/C 206T310164584B 001-2025-514.42-10 18.75 09-14 A/C 3604570411199B 001-2025-514.42-10 73.84 10-05 A/C 3604529887652B 001-2025-514.42-10 1.79 10-05 A/C 3604523877817B 001-2025-514.42-10 1.79 10-05 A/C 3604525834211 B 001-2025-514.42-10 1.79 10-05 A/C 3604529882811 B 001-2025-514.42-10 1.62 10-05 A/C 3604525109623B 001-2025-514.42-10 1.79 10-05 A/C 3604523712585B 001-2025-514.42-10 3.66 CONSOLIDATED TECH SERVICES Scan Charges 001-2025-514.42-10 4.55 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-2025-514.31-01 427.62 Finance Customer Service Division Total: $573.82 PITNEY BOWES CREDIT CORP SUPPLIES 001-2080-514.31-01 368.54 11/03/2015 Page 3 E - 8 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount POSTMASTER REPLENISH POSTAGE DUE ACC 001-2080-514.42-10 1,000.00 RESERVE ACCOUNT OFFICE MACHINES&ACCESS 001-2080-514.42-10 20,000.00 Finance Reprographics Division Total: $21,368.54 Finance Department Total: $22,679.30 ADVANCED TRAVEL WSAMA Conf. -Bloor 001-3010-515.43-10 134.00 WSAMA Conf-Greenwood 001-3010-515.43-10 270.49 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-3010-515.42-10 8.65 09-23 A/C 206T302306084B 001-3010-515.42-10 8.25 09-23 A/C 206T310164584B 001-3010-515.42-10 8.65 09-14 A/C 3604570411199B 001-3010-515.42-10 34.08 10-05 A/C 3604529887652B 001-3010-515.42-10 0.83 10-05 A/C 3604523877817B 001-3010-515.42-10 0.83 10-05 A/C 3604525834211 B 001-3010-515.42-10 0.83 10-05 A/C 3604529882811 B 001-3010-515.42-10 0.75 10-05 A/C 3604525109623B 001-3010-515.42-10 0.83 10-05 A/C 3604523712585B 001-3010-515.42-10 1.69 CONSOLIDATED TECH SERVICES Scan Charges 001-3010-515.42-10 17.11 QUILL CORPORATION OFFICE SUPPLIES 001-3010-515.31-01 43.51 THOMSON REUTERS-WEST LEGAL RESEARCH 001-3010-515.31-01 375.92 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-3010-515.42-10 94.94 Attorney Attorney Office Division Total: $1,001.36 CLALLAM CNTY SHERIFF'S DEPT OCT.-DEC.JAIL BILL 001-3012-598.51-23 157,500.00 FRIENDSHIP DIVERSION SERVICES ELECT.HOME MONITOR 9/15 001-3012-598.51-23 157.50 Attorney Jail Contributions Division Total: $157,657.50 ADVANCED TRAVEL WSAMA Conf. -Cowgill 001-3021-515.43-10 707.66 WSAMA Conf-Greenwood 001-3021-515.43-10 270.49 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-3021-515.42-10 5.77 09-23 A/C206T302306084B 001-3021-515.42-10 5.50 09-23 A/C206T310164584B 001-3021-515.42-10 5.77 09-14 A/C 3604570411199B 001-3021-515.42-10 22.72 10-05 A/C 3604529887652B 001-3021-515.42-10 0.55 10-05 A/C 3604523877817B 001-3021-515.42-10 0.55 10-05 A/C 3604525834211 B 001-3021-515.42-10 0.55 10-05 A/C 3604529882811 B 001-3021-515.42-10 0.50 10-05 A/C 3604525109623B 001-3021-515.42-10 0.55 10-05 A/C 3604523712585B 001-3021-515.42-10 1.13 CONSOLIDATED TECH SERVICES Scan Charges 001-3021-515.42-10 1.77 PAYNE LAW FIRM, PS, INC APPTD.INDIGENT DEFENSE 001-3021-515.41-50 3,045.00 QUILL CORPORATION OFFICE SUPPLIES 001-3021-515.31-01 43.52 THOMSON REUTERS-WEST LEGAL RESEARCH 001-3021-515.31-01 375.92 US BANK CORPORATE PAYMENT SYSTEI Registration-Cowgill 001-3021-515.43-10 115.00 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-3021-515.42-10 89.09 11/03/2015 Page 4 E - 9 a Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount Attorney Prosecution Division Total: $4,692.04 Attorney Department Total: $163,350.90 AMERICAN PLANNING ASSN MEMBERSHIPS 001-4010-558.49-01 613.00 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-4010-558.42-10 11.54 09-23 A/C 206T302306084B 001-4010-558.42-10 11.00 09-23 A/C 206T310164584B 001-4010-558.42-10 11.54 09-14 A/C 3604570411199B 001-4010-558.42-10 45.44 10-05 A/C 3604529887652B 001-4010-558.42-10 1.10 10-05 A/C 3604523877817B 001-4010-558.42-10 1.10 10-05 A/C 3604525834211 B 001-4010-558.42-10 1.10 10-05 A/C 3604529882811 B 001-4010-558.42-10 1.00 10-05 A/C 3604525109623B 001-4010-558.42-10 1.10 10-05 A/C 3604523712585B 001-4010-558.42-10 2.25 CONSOLIDATED TECH SERVICES Scan Charges 001-4010-558.42-10 35.15 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-4010-558.44-10 57.67 US BANK CORPORATE PAYMENT SYSTEIAWC Conference -Collins 001-4010-558.43-10 150.00 Planning Manager Job post 001-4010-558.44-10 200.00 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-4010-558.42-10 57.44 Community Development Planning Division Total: $1,200.43 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-4020-524.42-10 3.75 09-23 A/C 206T302306084B 001-4020-524.42-10 3.57 09-23 A/C 206T310164584B 001-4020-524.42-10 3.75 09-14 A/C 3604570411199B 001-4020-524.42-10 14.77 10-05 A/C 3604529887652B 001-4020-524.42-10 0.36 10-05 A/C 3604523877817B 001-4020-524.42-10 0.36 10-05 A/C 3604525834211 B 001-4020-524.42-10 0.36 10-05 A/C 3604529882811 B 001-4020-524.42-10 0.32 10-05 A/C 3604525109623B 001-4020-524.42-10 0.36 10-05 A/C 3604523712585B 001-4020-524.42-10 0.73 CONSOLIDATED TECH SERVICES Scan Charges 001-4020-524.42-10 3.93 US BANK CORPORATE PAYMENT SYSTEICert. Renewal-Lierly 001-4020-524.49-01 210.00 ZENOVIC&ASSOCIATES CONSULTING SERVICES 001-4020-524.41-50 120.00 Community Development Building Division Total: $362.26 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-4030-559.42-10 0.58 09-23 A/C 206T302306084B 001-4030-559.42-10 0.55 09-23 A/C 206T310164584B 001-4030-559.42-10 0.58 09-14 A/C 3604570411199B 001-4030-559.42-10 2.27 10-05 A/C 3604529887652B 001-4030-559.42-10 0.06 10-05 A/C 3604523877817B 001-4030-559.42-10 0.06 10-05 A/C 3604525834211 B 001-4030-559.42-10 0.06 10-05 A/C 3604529882811 B 001-4030-559.42-10 0.05 10-05 A/C 3604525109623B 001-4030-559.42-10 0.06 11/03/2015 Page 5 g E - 10 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 10-05 A/C 3604523712585B 001-4030-559.42-10 0.11 CONSOLIDATED TECH SERVICES Scan Charges 001-4030-559.42-10 6.01 Community Development Code Compliance Division Total: $10.39 SWCA ENVIRONMENTAL CONSULTANTS ENVIRONMENTAL&ECOLOGICAL 001-4062-558.41-50 32.67 Community Development Cultural Resources Division Total: $32.67 ADVANCED TRAVEL CLT Initiative-West 001-4071-558.43-10 18.40 FIRST FEDERAL SAVINGS&LOAN MISC PROFESSIONAL SERVICE 001-4071-558.49-91 10,000.00 OLYMPIC PENINSULA VISITOR BUREAU MEMBERSHIPS 001-4071-558.43-10 75.00 Community Development Economic Development Division Total: $10,093.40 Community Development Department Total: $11,699.15 ADVANCED TRAVEL Mew World Mtg-Morse 001-5010-521.43-10 113.82 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-5010-521.42-10 23.07 09-23 A/C 206T302306084B 001-5010-521.42-10 21.99 09-23 A/C 206T310164584B 001-5010-521.42-10 23.07 09-14 A/C 3604570411199B 001-5010-521.42-10 90.88 10-05 A/C 3604529887652B 001-5010-521.42-10 2.21 10-05 A/C 3604523877817B 001-5010-521.42-10 2.21 10-05 A/C 3604525834211 B 001-5010-521.42-10 2.21 10-05 A/C 3604529882811 B 001-5010-521.42-10 2.00 10-05 A/C 3604525109623B 001-5010-521.42-10 2.21 10-05 A/C 3604523712585B 001-5010-521.42-10 4.50 CONSOLIDATED TECH SERVICES Scan Charges 001-5010-521.42-10 68.21 DEPT OF LABOR&INDUSTRIES ENVIRONMENTAL&ECOLOGICAL 001-5010-521.31-01 69.10 OLYMPIC PENINSULA HUMANE SOCIETY 3RD QTR, 2015 DOG LICENSE 001-5010-322.30-11 165.00 3RD QTR, 2015 CAT LICENSE 001-5010-322.30-12 26.00 PETEK,THOMAS C PHD HEALTH RELATED SERVICES 001-5010-521.41-50 300.00 US BANK CORPORATE PAYMENT SYSTEIPolice Assessment Lunch 001-5010-521.31-01 13.98 Police Assessment Lunch 001-5010-521.31-01 128.37 Police Assessment Food 001-5010-521.31-01 42.95 Police Assessment Food 001-5010-521.31-01 31.26 Police Assessment Supplie 001-5010-521.31-01 18.47 Lodging for assessment to 001-5010-521.43-10 138.11 Lodging for assessment to 001-5010-521.43-10 141.70 Lodging for assessment to 001-5010-521.43-10 141.70 Lodging for assessment to 001-5010-521.43-10 141.70 Lodging for assessment to 001-5010-521.43-10 141.70 Lodging for assessment to 001-5010-521.43-10 141.70 Lodging for assessment to 001-5010-521.43-10 141.70 Lodging for assessment to 001-5010-521.43-10 141.70 Lodging for assessment to 001-5010-521.43-10 283.40 Lodging for assessment to 001-5010-521.43-10 283.40 Refreshments PAPD assessm 001-5010-521.43-10 24.97 11/03/2015 Page 6 g E - 11 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount VERIZON WIRELESS 09-25 A/C 671402094-00001 001-5010-521.42-10 238.83 Police Police Administration Division Total: $3,112.12 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-5021-521.42-10 14.42 09-23 A/C206T302306084B 001-5021-521.42-10 13.74 09-23 A/C206T310164584B 001-5021-521.42-10 14.42 09-14 A/C 3604570411199B 001-5021-521.42-10 56.80 10-05 A/C 3604529887652B 001-5021-521.42-10 1.38 10-05 A/C 3604523877817B 001-5021-521.42-10 1.38 10-05 A/C 3604525834211 B 001-5021-521.42-10 1.38 10-05 A/C 3604529882811 B 001-5021-521.42-10 1.25 10-05 A/C 3604525109623B 001-5021-521.42-10 1.38 10-05 A/C 3604523712585B 001-5021-521.42-10 2.81 CONSOLIDATED TECH SERVICES Scan Charges 001-5021-521.42-10 1.00 LINCOLN STREET STATION POLICE EQUIPMENT&SUPPLY 001-5021-521.42-10 6.49 THOMSON REUTERS-WEST SECURITY,FIRE,SAFETY SERV 001-5021-521.49-01 223.49 US BANK CORPORATE PAYMENT SYSTEISupplies for Accident-Rog 001-5021-521.31-01 28.88 RadioHolders-Roggenbuck 001-5021-521.31-11 71.17 Holsters-Roggenbuck 001-5021-521.31-11 162.19 Duty Gear-Roggenbuck 001-5021-521.31-11 1,108.04 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-5021-521.42-10 676.33 Police Investigation Division Total: $2,386.55 ADVANCED TRAVEL Armorer's Course- Morse 001-5022-521.43-10 609.49 BLUMENTHAL UNIFORMS&EQUIP CLOTHING &APPAREL 001-5022-521.20-80 288.11 CLOTHING &APPAREL 001-5022-521.20-80 169.67 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-5022-521.42-10 40.38 09-23 A/C 206T302306084B 001-5022-521.42-10 38.48 09-23 A/C 206T310164584B 001-5022-521.42-10 40.38 09-14 A/C 3604570411199B 001-5022-521.42-10 159.04 10-05 A/C 3604529887652B 001-5022-521.42-10 3.36 10-05 A/C 3604523877817B 001-5022-521.42-10 2.86 10-05 A/C 3604525834211 B 001-5022-521.42-10 3.86 10-05 A/C 3604529882811 B 001-5022-521.42-10 3.50 10-05 A/C 3604525109623B 001-5022-521.42-10 2.86 10-05 A/C 3604523712585B 001-5022-521.42-10 7.88 CLINICARE OF PORT ANGELES INC EDUCATIONAL SERVICES 001-5022-521.49-90 175.00 EDUCATIONAL SERVICES 001-5022-521.49-90 32.00 EDUCATIONAL SERVICES 001-5022-521.49-90 32.00 CONSOLIDATED TECH SERVICES Scan Charges 001-5022-521.42-10 18.81 HOWCROFT ENTERPRISES K9 Purchase 001-5022-594.64-10 7,046.00 ANIMALS, LIVE 001-5022-594.64-10 758.80 LINCOLN STREET STATION OFFICE SUPPLIES, GENERAL 001-5022-521.42-10 32.47 OLYMPIC MEDICAL CENTER LAB EQUIP,BIO,CHEM,ENVIR 001-5022-521.49-90 50.00 11/03/2015 Page 7 g E - 12 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 203.72 SECURE IT TACTICAL, INC. Cabinet/Shelves 001-5022-521.31-80 2,735.14 SWAIN'S GENERAL STORE INC POLICE EQUIPMENT&SUPPLY 001-5022-521.31-01 64.62 US BANK CORPORATE PAYMENT SYSTEIParking Chalk-Romberg 001-5022-521.31-01 47.58 Replacement keyboard-Veh 001-5022-521.31-60 438.69 Ship evidence-Morgan 001-5022-521.42-10 16.42 Lodging for assessment to 001-5022-521.43-10 141.70 Lodging for assessment to 001-5022-521.43-10 141.70 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-5022-521.42-10 2,426.30 WA STATE CRIMINAL JUSTICE EDUCATIONAL SERVICES 001-5022-521.43-10 500.00 WHEELER, DEBORAH LLC EDUCATIONAL SERVICES 001-5022-521.49-90 182.00 Police Patrol Division Total: $16,412.82 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-5026-521.31-01 27.30 OFFICE SUPPLIES, GENERAL 001-5026-521.31-01 22.57 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-5026-521.42-10 184.94 Police Reserves& Volunteers Division Total: $234.81 ADVANCED TRAVEL LEIRA Conf. -Roman 001-5029-521.43-10 315.70 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-5029-521.42-10 14.42 09-23 A/C 206T302306084B 001-5029-521.42-10 13.74 09-23 A/C 206T310164584B 001-5029-521.42-10 14.42 09-14 A/C 3604570411199B 001-5029-521.42-10 56.80 10-05 A/C 3604529887652B 001-5029-521.42-10 1.38 10-05 A/C 3604523877817B 001-5029-521.42-10 1.38 10-05 A/C 3604525834211 B 001-5029-521.42-10 1.38 10-05 A/C 3604529882811 B 001-5029-521.42-10 1.25 10-05 A/C 3604525109623B 001-5029-521.42-10 1.38 10-05 A/C 3604523712585B 001-5029-521.42-10 2.81 CONSOLIDATED TECH SERVICES Scan Charges 001-5029-521.42-10 8.94 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 222.35 US BANK CORPORATE PAYMENT SYSTEIEvidence storage cabinet 001-5029-521.35-01 172.25 Lodging-Schilke 001-5029-521.43-10 93.93 Registration-Schilke 001-5029-521.43-10 200.00 Conference reg-Schilke 001-5029-521.43-10 140.00 Conference reg-Jacobi 001-5029-521.43-10 140.00 Membership-Jacobi 001-5029-521.49-01 25.00 Police Records Division Total: $1,427.13 Police Department Total: $23,573.43 CAPTAIN T'S CLOTHING &APPAREL 001-6010-522.20-80 25.02 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-6010-522.42-10 20.19 09-23 A/C 206T302306084B 001-6010-522.42-10 19.24 09-23 A/C 206T310164584B 001-6010-522.42-10 20.19 09-14 A/C 3604570411199B 001-6010-522.42-10 79.52 11/03/2015 Page 8 g E - 13 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 10-05 A/C 3604529887652B 001-6010-522.42-10 1.93 10-05 A/C 3604523877817B 001-6010-522.42-10 1.93 10-05 A/C 3604525834211 B 001-6010-522.42-10 1.93 10-05 A/C 3604529882811 B 001-6010-522.42-10 1.75 10-05 A/C 3604525109623B 001-6010-522.42-10 1.93 10-05 A/C 3604523712585B 001-6010-522.42-10 3.94 09-16 A/C 206T3359336570B 001-6010-522.42-11 5.77 09-23 A/C 206T302306084B 001-6010-522.42-11 5.50 09-23 A/C 206T310164584B 001-6010-522.42-11 5.77 09-14 A/C 3604570411199B 001-6010-522.42-11 22.72 10-05 A/C 3604529887652B 001-6010-522.42-11 0.55 10-05 A/C 3604523877817B 001-6010-522.42-11 0.55 10-05 A/C 3604525834211 B 001-6010-522.42-11 0.55 10-05 A/C 3604529882811 B 001-6010-522.42-11 0.50 10-05 A/C 3604525109623B 001-6010-522.42-11 0.55 10-05 A/C 3604523712585B 001-6010-522.42-11 1.13 CONSOLIDATED TECH SERVICES Scan Charges 001-6010-522.42-10 1.54 Scan Charges 001-6010-522.42-11 3.78 Washington Fire Chiefs WA FIRE CHIEFS FALL WORKS 001-6010-522.43-10 75.00 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-6010-522.31-01 11.92 UNITED PARCEL SERVICE Shipping Chgs 001-6010-522.42-10 185.37 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-6010-522.42-10 61.43 Fire Fire Administration Division Total: $560.20 ANGELES MILLWORK&LUMBER CO PRODUCTION&MANUFACTURING 001-6020-522.31-01 75.76 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-6020-522.42-10 18.75 09-23 A/C 206T302306084B 001-6020-522.42-10 17.87 09-23 A/C 206T310164584B 001-6020-522.42-10 18.75 09-14 A/C 3604570411199B 001-6020-522.42-10 73.84 10-05 A/C 3604529887652B 001-6020-522.42-10 1.79 10-05 A/C 3604523877817B 001-6020-522.42-10 1.79 10-05 A/C 3604525834211 B 001-6020-522.42-10 1.79 10-05 A/C 3604529882811 B 001-6020-522.42-10 1.62 10-05 A/C 3604525109623B 001-6020-522.42-10 1.79 10-05 A/C 3604523712585B 001-6020-522.42-10 3.66 SUNSET DO-IT BEST HARDWARE FUEL,OIL,GREASE, & LUBES 001-6020-522.31-01 46.77 SWAIN'S GENERAL STORE INC PAINTING EQUIPMENT&ACC 001-6020-522.31-01 8.03 US BANK CORPORATE PAYMENT SYSTEI Respirator Exhaust Valves 001-6020-522.31-01 47.97 Air Sample Travel-Bogue 001-6020-522.43-10 34.60 Fire Fire Suppression Division Total: $354.78 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-6021-522.42-10 1.44 09-23 A/C 206T302306084B 001-6021-522.42-10 1.37 09-23 A/C 206T310164584B 001-6021-522.42-10 1.44 11/03/2015 Page 9 g E - 14 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-14 A/C 3604570411199B 001-6021-522.42-10 5.68 10-05 A/C 3604529887652B 001-6021-522.42-10 0.14 10-05 A/C 3604523877817B 001-6021-522.42-10 0.14 10-05 A/C 3604525834211 B 001-6021-522.42-10 0.14 10-05 A/C 3604529882811 B 001-6021-522.42-10 0.13 10-05 A/C 3604525109623B 001-6021-522.42-10 0.14 10-05 A/C 3604523712585B 001-6021-522.42-10 0.28 US BANK CORPORATE PAYMENT SYSTEI Fair Supplies-Bogues 001-6021-522.31-01 84.47 Ice(Fair)-Bogues 001-6021-522.31-01 22.68 Fire Fire Volunteers Division Total: $118.05 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-6030-522.42-10 2.88 09-23 A/C 206T302306084B 001-6030-522.42-10 2.75 09-23 A/C 206T310164584B 001-6030-522.42-10 2.88 09-14 A/C 3604570411199B 001-6030-522.42-10 11.36 10-05 A/C 3604529887652B 001-6030-522.42-10 0.28 10-05 A/C 3604523877817B 001-6030-522.42-10 0.28 10-05 A/C 3604525834211 B 001-6030-522.42-10 0.28 10-05 A/C 3604529882811 B 001-6030-522.42-10 0.25 10-05 A/C 3604525109623B 001-6030-522.42-10 0.28 10-05 A/C 3604523712585B 001-6030-522.42-10 0.56 Fire Fire Prevention Division Total: $21.80 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-6040-522.42-10 2.88 09-23 A/C 206T302306084B 001-6040-522.42-10 2.75 09-23 A/C 206T310164584B 001-6040-522.42-10 2.88 09-14 A/C 3604570411199B 001-6040-522.42-10 11.36 10-05 A/C 3604529887652B 001-6040-522.42-10 0.28 10-05 A/C 3604523877817B 001-6040-522.42-10 0.28 10-05 A/C 3604525834211 B 001-6040-522.42-10 0.28 10-05 A/C 3604529882811 B 001-6040-522.42-10 0.25 10-05 A/C 3604525109623B 001-6040-522.42-10 0.28 10-05 A/C 3604523712585B 001-6040-522.42-10 0.56 CONSOLIDATED TECH SERVICES Scan Charges 001-6040-522.42-10 2.16 Fire Fire Training Division Total: $23.96 ANGELES PLUMBING INC BUILDING MAINT&REPAIR SER 001-6050-522.48-10 165.05 OLYMPIC PARTY&CUSTODIAL SUPPLIE:JANITORIAL SUPPLIES 001-6050-522.31-01 355.62 AUTO&TRUCK MAINT. ITEMS 001-6050-522.31-01 170.99 THURMAN SUPPLY CLOTHING ACCESSORIES(SEE 001-6050-522.31-20 12.04 CLOTHING ACCESSORIES(SEE 001-6050-522.31-20 32.66 Fire Facilities Maintenance Division Total: $736.36 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-6060-525.42-10 12.98 09-23 A/C 206T302306084B 001-6060-525.42-10 12.37 09-23 A/C 206T310164584B 001-6060-525.42-10 12.98 11/03/2015 Page 10 E - 15 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-14 A/C 3604570411199B 001-6060-525.42-10 51.12 10-05 A/C 3604529887652B 001-6060-525.42-10 1.24 10-05 A/C 3604523877817B 001-6060-525.42-10 1.24 10-05 A/C 3604525834211 B 001-6060-525.42-10 1.24 10-05 A/C 3604529882811 B 001-6060-525.42-10 1.12 10-05 A/C 3604525109623B 001-6060-525.42-10 1.24 10-05 A/C 3604523712585B 001-6060-525.42-10 2.53 Fire Emergency Management Division Total: $98.06 Fire Department Total: $1,913.21 ADVANCED TRAVEL Claims Avoidance-Bender 001-7010-532.43-10 202.40 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-7010-532.42-10 44.71 09-23 A/C 206T302306084B 001-7010-532.42-10 42.60 09-23 A/C 206T310164584B 001-7010-532.42-10 44.71 09-14 A/C 3604570411199B 001-7010-532.42-10 176.08 10-05 A/C 3604529887652B 001-7010-532.42-10 3.50 10-05 A/C 3604523877817B 001-7010-532.42-10 3.27 10-05 A/C 3604525834211 B 001-7010-532.42-10 4.27 10-05 A/C 3604529882811 B 001-7010-532.42-10 3.87 10-05 A/C 3604525109623B 001-7010-532.42-10 3.27 10-05 A/C 3604523712585B 001-7010-532.42-10 8.72 CONSOLIDATED TECH SERVICES Scan Charges 001-7010-532.42-10 65.75 DLT SOLUTIONS, LLC MEMBERSHIPS 001-7010-532.48-02 6,673.80 INSIGHT PUBLIC SECTOR COMPUTER HARDWARE&PERI PHI 001-7010-532.31-60 332.59 OLYMPIC STATIONERS INC SUPPLIES 001-7010-532.31-01 22.86 PEN PRINT INC BUS CARDS-PUNTENNEY 001-7010-532.31-01 30.35 SOUND PUBLISHING INC ADMIN SPECIALIST AD 001-7010-532.44-10 352.86 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 001-7010-532.31-01 135.36 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-7010-532.42-10 55.24 Public Works& Utilities Public Works Admin. Division Total: $8,206.21 Public Works& Utilities Department Total: $8,206.21 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-8010-574.42-10 4.33 09-23 A/C 206T302306084B 001-8010-574.42-10 4.12 09-23 A/C 206T310164584B 001-8010-574.42-10 4.33 09-14 A/C 3604570411199B 001-8010-574.42-10 16.72 10-05 A/C 3604529887652B 001-8010-574.42-10 0.41 10-05 A/C 3604523877817B 001-8010-574.42-10 0.41 10-05 A/C 3604525834211 B 001-8010-574.42-10 0.41 10-05 A/C 3604529882811 B 001-8010-574.42-10 0.38 10-05 A/C 3604525109623B 001-8010-574.42-10 0.41 10-05 A/C 3604523712585B 001-8010-574.42-10 0.84 CONSOLIDATED TECH SERVICES Scan Charges 001-8010-574.42-10 1.85 US BANK CORPORATE PAYMENT SYSTEIPhone Cases-Boone 001-8010-574.31-01 19.36 11/03/2015 Page 11 E - 16 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount US BANK CORPORATE PAYMENT SYSTEIDigital Camera-Boone 001-8010-574.31-01 432.52 Camera bag-Boone 001-8010-574.31-01 27.57 Key lock box-Boone 001-8010-574.31-01 72.08 Key tags-Boone 001-8010-574.31-01 56.35 Keyboard-Boone 001-8010-574.31-01 27.04 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-8010-574.42-10 57.44 Parks&Recreation Parks Administration Division Total: $726.57 CENTURYLINK-QWEST 10-02 A/C 3604170786905B 001-8012-555.42-10 37.17 10-02 A/C 3604171942413B 001-8012-555.42-10 44.75 10-05 A/C 3604529861819B 001-8012-555.42-10 48.01 09-16 A/C 206T3359336570B 001-8012-555.42-10 4.33 09-23 A/C 206T302306084B 001-8012-555.42-10 4.12 09-23 A/C 206T310164584B 001-8012-555.42-10 4.33 09-14 A/C 3604570411199B 001-8012-555.42-10 17.04 10-05 A/C 3604529887652B 001-8012-555.42-10 0.41 10-05 A/C 3604523877817B 001-8012-555.42-10 0.41 10-05 A/C 3604525834211 B 001-8012-555.42-10 0.41 10-05 A/C 3604529882811 B 001-8012-555.42-10 0.37 10-05 A/C 3604525109623B 001-8012-555.42-10 0.41 10-05 A/C 3604523712585B 001-8012-555.42-10 0.84 CONSOLIDATED TECH SERVICES Scan Charges 001-8012-555.42-10 4.86 KELLER,JANOLYN MISC PROFESSIONAL SERVICE 001-8012-555.41-50 100.00 Parks&Recreation Senior Center Division Total: $267.46 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-8050-536.42-10 2.88 09-23 A/C 206T302306084B 001-8050-536.42-10 2.75 09-23 A/C 206T310164584B 001-8050-536.42-10 2.88 09-14 A/C 3604570411199B 001-8050-536.42-10 11.36 10-05 A/C 3604529887652B 001-8050-536.42-10 0.28 10-05 A/C 3604523877817B 001-8050-536.42-10 0.28 10-05 A/C 3604525834211 B 001-8050-536.42-10 0.28 10-05 A/C 3604529882811 B 001-8050-536.42-10 0.25 10-05 A/C 3604525109623B 001-8050-536.42-10 0.28 10-05 A/C 3604523712585B 001-8050-536.42-10 0.56 CONSOLIDATED TECH SERVICES Scan Charges 001-8050-536.42-10 0.77 QUIRING MONUMENTS INC HUMAN SERVICES 001-8050-536.34-01 367.00 Parks&Recreation Ocean View Cemetery Division Total: $389.57 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 001-8080-576.31-20 158.82 ANGELES MILLWORK&LUMBER CO PAINTING EQUIPMENT&ACC 001-8080-576.31-20 157.61 SUPPLIES 001-8080-576.31-20 11.91 HAND TOOLS ,POW&NON POWER 001-8080-576.31-20 37.47 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-8080-576.42-10 14.42 09-23 A/C 206T302306084B 001-8080-576.42-10 13.74 11/03/2015 Page 12 E - 17 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-23 A/C 206T310164584B 001-8080-576.42-10 14.42 09-14 A/C 3604570411199B 001-8080-576.42-10 56.80 10-05 A/C 3604529887652B 001-8080-576.42-10 1.38 10-05 A/C 3604523877817B 001-8080-576.42-10 1.38 10-05 A/C 3604525834211 B 001-8080-576.42-10 1.38 10-05 A/C 3604529882811 B 001-8080-576.42-10 1.25 10-05 A/C 3604525109623B 001-8080-576.42-10 1.38 10-05 A/C 3604523712585B 001-8080-576.42-10 2.81 COLUMBIA RURAL ELECTRIC ASSN, INC FIRST AID&SAFETY EQUIP. 001-8080-576.43-10 205.20 FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 10.43 FERGUSON ENTERPRISES INC PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 130.20 HARTNAGEL BUILDING SUPPLY INC PAINTING EQUIPMENT&ACC 001-8080-576.31-20 32.27 LINCOLN INDUSTRIAL CORP PAINTS,COATI N GS,WALLPAPER 001-8080-576.31-01 24.04 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-8080-576.31-01 136.42 PUGET SAFETY EQUIPMENT INC FIRST AID&SAFETY EQUIP. 001-8080-576.31-01 161.00 SUNSET DO-IT BEST HARDWARE PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 3.21 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 001-8080-576.31-01 33.54 JANITORIAL SUPPLIES 001-8080-576.31-01 14.57 SUPPLIES 001-8080-576.31-20 29.27 SUPPLIES 001-8080-576.31-20 15.11 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 12.44 US BANK CORPORATE PAYMENT SYSTEI Irrigation Supplies- Boon 001-8080-576.31-20 118.11 Elephant snot-Boone 001-8080-576.31-20 84.55 Dog trash bags-Boone 001-8080-576.31-20 1,316.99 Credit-Boone 001-8080-576.31-20 -151.05 VERIZON WIRELESS 09-25 A/C 671402094-00001 001-8080-576.42-10 475.01 Parks&Recreation Parks Facilities Division Total: $3,126.08 FEIRO MARINE LIFE CENTER MISC PROFESSIONAL SERVICE 001-8090-576.41-50 11,250.00 Parks&Recreation Marine Life Center Division Total: $11,250.00 Parks&Recreation Department Total: $15,759.68 ELECTRONICS SUPPLY&REPAIR ELECTRICAL EQUIP&SUPPLY 001-8112-555.48-10 249.59 SWAIN'S GENERAL STORE INC SUPPLIES 001-8112-555.31-20 59.52 Facilities Maintenance Senior Center Facilities Division Total: $309.11 ANGELES MILLWORK&LUMBER CO LUMBER& RELATED PRODUCTS 001-8131-518.31-20 134.88 SUPPLIES 001-8131-518.31-20 9.45 SUPPLIES 001-8131-518.31-20 -13.80 LUMBER& RELATED PRODUCTS 001-8131-518.31-20 60.70 ANGELES PEST CONTROL JANITORIAL SUPPLIES 001-8131-518.48-10 102.98 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 001-8131-518.31-01 6.83 CENTURYLINK-QWEST 10-02 A/C 3604175328784B 001-8131-518.42-10 44.75 10-05 A/C 3604523954268B 001-8131-518.42-10 92.29 09-16 A/C 206T3359336570B 001-8131-518.42-10 2.88 11/03/2015 Page 13 E - 18 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-23 A/C206T302306084B 001-8131-518.42-10 2.74 09-23 A/C206T310164584B 001-8131-518.42-10 2.88 09-14 A/C 3604570411199B 001-8131-518.42-10 11.36 10-05 A/C 3604529887652B 001-8131-518.42-10 0.28 10-05 A/C 3604523877817B 001-8131-518.42-10 0.28 10-05 A/C 3604525834211 B 001-8131-518.42-10 0.28 10-05 A/C 3604529882811 B 001-8131-518.42-10 0.25 10-05 A/C 3604525109623B 001-8131-518.42-10 0.28 10-05 A/C 3604523712585B 001-8131-518.42-10 0.56 HARTNAGEL BUILDING SUPPLY INC LUMBER& RELATED PRODUCTS 001-8131-518.31-20 164.40 HI-TECH ELECTRONICS INC EQUIPMENT MAINTENANCE,REC 001-8131-518.48-10 384.00 PREWITT HARDWOOD FLOORS ROADSIDE,GRNDS,REC, PARK 001-8131-518.48-10 12,124.50 SUNSET DO-IT BEST HARDWARE ELECTRICAL EQUIP&SUPPLY 001-8131-518.31-20 40.83 SUPPLIES 001-8131-518.31-20 14.20 SUPPLYWORKS JANITORIAL SUPPLIES 001-8131-518.31-01 116.99 FIRST AID&SAFETY EQUIP. 001-8131-518.31-01 68.71 JANITORIAL SUPPLIES 001-8131-518.31-01 215.84 JANITORIAL SUPPLIES 001-8131-518.31-01 43.78 SUPPLIES 001-8131-518.31-01 19.37 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-01 19.37 SUPPLIES 001-8131-518.31-01 67.97 SUPPLIES 001-8131-518.31-20 17.21 WASHINGTON(L&I),STATE OF BUILDING MAINT&REPAIR SER 001-8131-518.48-10 69.10 BUILDING MAINT&REPAIR SER 001-8131-518.48-10 -69.10 Facilities Maintenance Central Svcs Facilities Division Total: $13,757.04 Facilities Maintenance Department Total: $14,066.15 AT&T BUSINESS SERVICE 09-26 A/C 994753890 001-8221-574.42-10 12.16 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-8221-574.42-10 2.88 09-23 A/C206T302306084B 001-8221-574.42-10 2.75 09-23 A/C206T310164584B 001-8221-574.42-10 2.88 09-14 A/C 3604570411199B 001-8221-574.42-10 11.36 10-05 A/C 3604529887652B 001-8221-574.42-10 0.28 10-05 A/C 3604523877817B 001-8221-574.42-10 0.28 10-05 A/C 3604525834211 B 001-8221-574.42-10 0.28 10-05 A/C 3604529882811 B 001-8221-574.42-10 0.25 10-05 A/C 3604525109623B 001-8221-574.42-10 0.28 10-05 A/C 3604523712585B 001-8221-574.42-10 0.56 CONSOLIDATED TECH SERVICES Scan Charges 001-8221-574.42-10 2.85 Recreation Activities Sports Programs Division Total: $36.81 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 001-8224-574.42-10 1.44 09-23 A/C 206T302306084B 001-8224-574.42-10 1.37 09-23 A/C 206T310164584B 001-8224-574.42-10 1.44 11/03/2015 Page 14 E - 19 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-14 A/C 3604570411199B 001-8224-574.42-10 5.68 10-05 A/C 3604529887652B 001-8224-574.42-10 0.14 10-05 A/C 3604523877817B 001-8224-574.42-10 0.14 10-05 A/C 3604525834211 B 001-8224-574.42-10 0.14 10-05 A/C 3604529882811 B 001-8224-574.42-10 0.13 10-05 A/C 3604525109623B 001-8224-574.42-10 0.14 10-05 A/C 3604523712585B 001-8224-574.42-10 0.28 CONSOLIDATED TECH SERVICES Scan Charges 001-8224-574.42-10 2.00 OLYMPIC STATIONERS INC SUPPLIES 001-8224-574.31-01 31.87 SUPPLYWORKS SUPPLIES 001-8224-574.31-01 1,041.37 Recreation Activities Youth/Family Programs Division Total: $1,086.14 Recreation Activities Department Total: $1,122.95 General Fund Fund Total: $288,385.00 PENINSULA ADVENTURE SPORTS LODGING TAX GRANT-PENIN 101-1430-557.41-50 4,000.00 PORTANGELES FINE ARTS CENTER FNCMISC PROFESSIONAL SERVICE 101-1430-557.41-50 985.43 Lodging Excise Tax Lodging Excise Tax Division Total: $4,985.43 Lodging Excise Tax Department Total: $4,985.43 Lodging Excise Tax Fund Fund Total: $4,985.43 US BANK CORPORATE PAYMENT SYSTEI Replacement Pumps-Hale 102-0000-237.00-00 -6.42 Division Total: -$6.42 Department Total: -$6.42 ADVANCED TRAVEL Street Conf. -Cameron 102-7230-542.43-10 257.60 Street Conf. -Romero 102-7230-542.43-10 257.60 Street Conf.-Wheatley 102-7230-542.43-10 257.60 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 364.22 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 186.45 ANGELES MILLWORK&LUMBER CO SUPPLIES 102-7230-542.31-20 33.37 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 221.67 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 15.14 SUPPLIES 102-7230-542.31-25 20.30 HARDWARE,AND ALLIED ITEMS 102-7230-542.35-01 146.97 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 102-7230-542.35-01 71.11 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 102-7230-542.42-10 7.21 09-23 A/C 206T302306084B 102-7230-542.42-10 6.87 09-23 A/C 206T310164584B 102-7230-542.42-10 7.21 09-14 A/C 3604570411199B 102-7230-542.42-10 28.40 10-05 A/C 3604529887652B 102-7230-542.42-10 0.69 10-05 A/C 3604523877817B 102-7230-542.42-10 0.69 10-05 A/C 3604525834211 B 102-7230-542.42-10 0.69 10-05 A/C 3604529882811 B 102-7230-542.42-10 0.62 10-05 A/C 3604525109623B 102-7230-542.42-10 0.69 10-05 A/C 3604523712585B 102-7230-542.42-10 1.41 11/03/2015 Page 15 E - 20 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CONSOLIDATED TECH SERVICES Scan Charges 102-7230-542.42-10 1.77 FASTENAL INDUSTRIAL JANITORIAL SUPPLIES 102-7230-542.31-25 28.35 FERGUSON ENTERPRISES INC SUPPLIES 102-7230-542.31-20 317.03 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 539.80 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 284.49 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 175.81 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 178.46 OLYMPIC STATIONERS INC SUPPLIES 102-7230-542.31-25 21.53 PUD#1 OF CLALLAM COUNTY Golf Course Light 102-7230-542.47-10 10.66 SHERWIN-WILLIAMS COMPANY,THE PAINTING EQUIPMENT&ACC 102-7230-542.31-25 192.33 SWAIN'S GENERAL STORE INC SUPPLIES 102-7230-542.31-25 32.96 AUTO&TRUCK ACCESSORIES 102-7230-542.35-01 83.29 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 102-7230-542.31-25 12.96 US BANK CORPORATE PAYMENT SYSTEI Replacement Pumps-Hale 102-7230-542.31-01 82.85 Bottled water-Streets 102-7230-542.31-01 83.99 VERIZON WIRELESS 09-25 A/C 671402094-00001 102-7230-542.42-10 62.21 Public Works-Street Street Division Total: $3,995.00 Public Works-Street Department Total: $3,995.00 Street Fund Fund Total: $3,988.58 ADVANCED TRAVEL NWS User Training-Brook 107-5160-528.43-11 315.30 CJTC-Craig 107-5160-528.43-11 1,257.25 EMO Training-Conway 107-5160-528.43-11 827.40 NWS Mtg-Homan 107-5160-528.43-11 295.74 CAPTAIN T'S CLOTHING &APPAREL 107-5160-528.20-80 211.88 CLOTHING &APPAREL 107-5160-528.20-80 212.90 CENTURYLINK 10-06 A/C 300539444 107-5160-528.42-11 102.24 10-06 A/C 300509854 107-5160-528.42-11 114.47 10-06 A/C 406063845 107-5160-528.42-11 159.92 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 107-5160-528.42-10 38.94 09-23 A/C 206T302306084B 107-5160-528.42-10 37.11 09-23 A/C 206T310164584B 107-5160-528.42-10 38.94 09-14 A/C 3604570411199B 107-5160-528.42-10 153.36 10-05 A/C 3604529887652B 107-5160-528.42-10 3.22 10-05 A/C 3604523877817B 107-5160-528.42-10 3.53 10-05 A/C 3604525834211 B 107-5160-528.42-10 3.72 10-05 A/C 3604529882811 B 107-5160-528.42-10 3.37 10-05 A/C 3604525109623B 107-5160-528.42-10 3.53 10-05 A/C 3604523712585B 107-5160-528.42-10 7.60 10-02 A/C 360ZO20380301 B 107-5160-528.42-11 1,119.58 CLALLAM CNTY DEPT OF COMM DEV DATA PROC SERV&SOFTWARE 107-5160-528.51-01 737.21 CONSOLIDATED TECH SERVICES Scan Charges 107-5160-528.42-10 85.94 JMG CONSTRUCTORS, LLC CONSTRUCTION SERVICES,HEA 107-5160-594.65-10 123,829.95 11/03/2015 Page 16 E - 21 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount LANGUAGE LINE SERVICES MISC PROFESSIONAL SERVICE 107-5160-528.42-11 7.20 PETEK,THOMAS C PHD HEALTH RELATED SERVICES 107-5160-528.41-50 300.00 SCHMITT'S SHEET METAL INC EQUIPMENT MAINTENANCE,REC 107-5160-594.65-10 3,468.80 US BANK CORPORATE PAYMENT SYSTEIFuser kit-Romberg 107-5160-528.31-01 215.72 Grounding bar hardware 107-5160-528.31-14 33.05 Ground Bar-Romberg 107-5160-528.31-14 74.65 Phone Charger-Romberg 107-5160-528.31-60 65.03 Phone Charger-Romberg 107-5160-528.31-60 65.03 WAPRO Conf. -Romberg 107-5160-528.43-11 140.00 Anti-virus- Romberg 107-5160-528.48-10 86.71 VERIZON WIRELESS 09-25 A/C 671402094-00001 107-5160-528.42-10 208.21 Pencom Pencom Division Total: $134,227.50 Pencom Department Total: $134,227.50 Pencom Fund Fund Total: $134,227.50 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 156-8630-575.42-10 4.33 09-23 A/C 206T302306084B 156-8630-575.42-10 4.12 09-23 A/C 206T310164584B 156-8630-575.42-10 4.33 09-14 A/C 3604570411199B 156-8630-575.42-10 17.04 10-05 A/C 3604529887652B 156-8630-575.42-10 0.41 10-05 A/C 3604523877817B 156-8630-575.42-10 0.41 10-05 A/C 3604525834211 B 156-8630-575.42-10 0.41 10-05 A/C 3604529882811 B 156-8630-575.42-10 0.38 10-05 A/C 3604525109623B 156-8630-575.42-10 0.41 10-05 A/C 3604523712585B 156-8630-575.42-10 0.84 CLASSICAL 98.1 COMMUNICATIONS/MEDIA SERV 156-8630-575.44-10 605.00 KPLU COMMUNICATIONS/MEDIA SERV 156-8630-575.44-10 925.00 FIDALGO STUDIOS ARTWORK DELIVERY REIMBURS 156-8630-575.41-50 235.60 Esther Webster/Fine Arts Esther Webster/Fine Arts Division Total: $1,798.28 Esther Webster/Fine Arts Department Total: $1,798.28 Fine Arts Center Fund Total: $1,798.28 LAKESIDE INDUSTRIES INC Release Retainage 310-0000-223.40-00 4,970.39 Division Total: $4,970.39 Department Total: $4,970.39 NATIONAL CONSTRUCTION RENTALS INCRENTAL/LEASE EQUIPMENT 310-7961-595.65-10 617.88 PRIMO CONSTRUCTION INC PW CONSTRUCTION & RELATED 310-7961-595.65-10 291,471.81 Capital Projects-Pub Wks ST-Sidewalk Improvement Division Total: $292,089.69 Capital Projects-Pub Wks Department Total: $292,089.69 Capital Improvement Fund Total: $297,060.08 ANIXTER, INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.42-00 752.19 CARLSON SALES METERING SOLUTIONS ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 2,029.25 GENERAL PACIFIC INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 296.69 11/03/2015 Page 17 E - 22 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount AMERICAN WEST BANK FINAL CREDIT-313 TUMWATER 401-0000-122.10-99 244.16 FINAL CR-303 TUMWATER#3 401-0000-122.10-99 217.08 FINAL CR-303 TUMWATER#1 401-0000-122.10-99 56.00 FINAL CR-303 TUMWATER#2 401-0000-122.10-99 76.10 BOULTER,ASHLEY M FINAL BILL REFUND 401-0000-122.10-99 63.70 CLEMONS,SHEREE L FINAL BILL REFUND 401-0000-122.10-99 194.12 FERGUSON, NOVA L OVERPAYMENT-802 E 4TH ST 401-0000-122.10-99 29.84 FRANKLIN, MICHELLE L FINAL BILL REFUND 401-0000-122.10-99 52.55 GORDY'S PIZZA&PASTA OVERPAYMENT-1608 W 16TH 401-0000-122.10-99 36.13 HENRY, DENA L FINAL BILL REFUND 401-0000-122.10-99 31.46 HOAGLAND, MICHAEL FINAL BILL REFUND 401-0000-122.10-99 17.38 JAMES&ASSOCIATES OVERPAYMENT-1103 PEABODY 401-0000-122.10-99 50.97 JOE, MARLON FINAL BILL REFUND 401-0000-122.10-99 1.30 MACALPINE,ARTHUR FINAL BILL REFUND 401-0000-122.10-99 86.78 MACDONALD,JAMES R&TERRY L FINAL BILL REFUND 401-0000-122.10-99 12.29 PRIMO CONSTRUCTION OVERPAYMENT-222 N OAK ST 401-0000-122.10-99 23.37 PROPERTIES BY LANDMARK INC OVERPAYMENT-2625 W 14TH 401-0000-122.10-99 0.20 RODOCKER,ADELFAA UTILITY DEPOSIT REFUND 401-0000-122.10-99 250.00 ROMERO,STACEY M FINAL BILL REFUND 401-0000-122.10-99 259.26 SILCOX, HOLLAN B FINAL BILL REFUND 401-0000-122.10-99 6.07 STORM, MARK C FINAL BILL REFUND 401-0000-122.10-99 120.03 WATSON,TIFFANY CREDIT REFUND-2301 W 18TH 401-0000-122.10-99 9.90 WILKINSON, BRANDY L FINAL BILL REFUND 401-0000-122.10-99 5.00 WOODRING, LUZ M FINAL BILL REFUND 401-0000-122.10-99 113.06 SHAKESPEARE COMPOSITES LUMBER& RELATED PRODUCTS 401-0000-141.41-00 6,711.69 US BANK CORPORATE PAYMENT SYSTEIPole Marker Tags-Hairell 401-0000-237.00-00 -17.83 WESCO DISTRIBUTION INC ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 142.94 Division Total: $11,871.68 Department Total: $11,871.68 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 401-7111-533.42-10 4.33 09-23 A/C206T302306084B 401-7111-533.42-10 4.12 09-23 A/C206T310164584B 401-7111-533.42-10 4.33 09-14 A/C 3604570411199B 401-7111-533.42-10 17.04 10-05 A/C 3604529887652B 401-7111-533.42-10 0.41 10-05 A/C 3604523877817B 401-7111-533.42-10 0.41 10-05 A/C 3604525834211 B 401-7111-533.42-10 0.41 10-05 A/C 3604529882811 B 401-7111-533.42-10 0.37 10-05 A/C 3604525109623B 401-7111-533.42-10 0.41 10-05 A/C 3604523712585B 401-7111-533.42-10 0.84 CONSOLIDATED TECH SERVICES Scan Charges 401-7111-533.42-10 3.93 SWAIN'S GENERAL STORE INC FIRST AID&SAFETY EQUIP. 401-7111-533.31-01 119.07 Public Works-Electric Engineering-Electric Division Total: $155.67 11/03/2015 Page 18 E - 23 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount ADVANCED TRAVEL WPAG-Lusk 401-7120-533.43-10 106.60 BPA-POWER WIRES ELECTRICAL EQUIP&SUPPLY 401-7120-533.33-10 1,413,148.00 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 401-7120-533.42-10 4.33 09-23 A/C 206T302306084B 401-7120-533.42-10 4.12 09-23 A/C 206T310164584B 401-7120-533.42-10 4.33 09-14 A/C 3604570411199B 401-7120-533.42-10 17.04 10-05 A/C 3604529887652B 401-7120-533.42-10 0.41 10-05 A/C 3604523877817B 401-7120-533.42-10 0.41 10-05 A/C 3604525834211 B 401-7120-533.42-10 0.41 10-05 A/C 3604529882811 B 401-7120-533.42-10 0.37 10-05 A/C 3604525109623B 401-7120-533.42-10 0.41 10-05 A/C 3604523712585B 401-7120-533.42-10 0.84 CONSOLIDATED TECH SERVICES Scan Charges 401-7120-533.42-10 22.66 EES CONSULTING INC MISC PROFESSIONAL SERVICE 401-7120-533.49-01 73.12 MARSH MUNDORF PRATT SULLIVAN CONSULTING SERVICES 401-7120-533.49-01 355.71 Public Works-Electric Power Systems Division Total: $1,413,738.76 ANIXTER, INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 517.07 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 1,931.53 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 74.58 CAPTAIN T'S FIRE PROTECTION EQUIP/SUP 401-7180-533.48-10 20.64 CENTURYLINK-QWEST 10-02 a/c 206ZO20411942B 401-7180-533.42-10 96.51 09-16 A/C 206T3359336570B 401-7180-533.42-10 34.61 09-23 A/C 206T302306084B 401-7180-533.42-10 32.98 09-23 A/C 206T310164584B 401-7180-533.42-10 34.61 09-14 A/C 3604570411199B 401-7180-533.42-10 136.32 10-02 a/c 3604178095336B 401-7180-533.42-10 48.01 10-05 a/c 3604529541353B 401-7180-533.42-10 44.75 10-05 A/C 3604529887652B 401-7180-533.42-10 3.31 10-05 A/C 3604523877817B 401-7180-533.42-10 2.31 10-05 A/C 3604525834211 B 401-7180-533.42-10 3.31 10-05 A/C 3604529882811 B 401-7180-533.42-10 3.00 10-05 A/C 3604525109623B 401-7180-533.42-10 2.31 10-05 A/C 3604523712585B 401-7180-533.42-10 6.75 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 401-7180-533.41-50 1,723.75 CONSOLIDATED TECH SERVICES Scan Charges 401-7180-533.42-10 9.25 CONTRACT HARDWARE INC FARE COLLECTION EQUIP&SUP 401-7180-533.34-02 1,152.11 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 401-7180-533.34-02 17.99 GENERAL PACIFIC INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 10,497.46 GRAINGER ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 264.71 LEITZ FARMS, INC FEED,BEDDING,VIT-ANIMALS 401-7180-533.34-02 24.90 OLYMPIC LAUNDRY&DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 86.60 LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 86.60 11/03/2015 Page 19 E - 24 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount PACIFIC OFFICE EQUIPMENT INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 52.49 PLATT ELECTRIC SUPPLY INC Electrical cables 401-7180-533.34-02 -548.59 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 38.10 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 38.10 ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 596.05 PUD#1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 401-7180-533.41-50 232.62 PUGET SAFETY EQUIPMENT INC OPTICAL EQUIP ACESS&SUPP 401-7180-533.31-01 284.01 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 124.33 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 650.00 SUNSET DO-IT BEST HARDWARE FUEL,OIL,GREASE, & LUBES 401-7180-533.34-02 7.77 SEED,SOD,SOIL&INOCULANT 401-7180-533.34-02 6.82 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 16.48 FASTENERS, FASTENING DEVS 401-7180-533.34-02 15.47 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 25.30 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 37.13 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 40.95 SWAIN'S GENERAL STORE INC SAFETY AWARD-AL OMAN 401-7180-533.31-01 50.00 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 6.22 THURMAN SUPPLY ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 20.94 TYNDALE COMPANY FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 81.78 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 394.15 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 73.11 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 163.58 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 73.11 US BANK CORPORATE PAYMENT SYSTEIBottled water-Hairell 401-7180-533.31-01 21.00 Water& Ice chest-Hairell 401-7180-533.31-01 86.03 Pole Marker Tags-Hairell 401-7180-533.34-02 230.10 TV service-Hairell 401-7180-533.42-10 55.99 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 401-7180-533.49-90 35.42 VERIZON WIRELESS 09-25 A/C 671402094-00001 401-7180-533.42-10 61.43 WAGNER-SMITH EQUIPMENT CO ELECTRICAL EQUIP&SUPPLY 401-7180-533.35-01 105.48 WESCO DISTRIBUTION INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 1,611.60 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 714.14 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 240.88 ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 1,033.04 Public Works-Electric Electric Operations Division Total: $23,531.00 Public Works-Electric Department Total: $1,437,425.43 Electric Utility Fund Fund Total: $1,449,297.11 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 604.24 PIPE FITTINGS 402-0000-141.40-00 1,157.51 Division Total: $1,761.75 Department Total: $1,761.75 11/03/2015 Page 20 E - 25 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount ANGELES MILLWORK&LUMBER CO SUPPLIES 402-7380-534.31-01 182.38 BACKFLOW APPARATUS&VALVE CO PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-20 258.37 CENTURYLINK-QWEST 10-05 A/C 3604524587479B 402-7380-534.42-10 108.67 10-05 A/C 3604525230978B 402-7380-534.42-10 145.10 09-16 A/C 206T3359336570B 402-7380-534.42-10 12.98 09-23 A/C 206T302306084B 402-7380-534.42-10 12.37 09-23 A/C 206T310164584B 402-7380-534.42-10 12.98 09-14 A/C 3604570411199B 402-7380-534.42-10 51.12 10-05 A/C 3604529887652B 402-7380-534.42-10 1.24 10-05 A/C 3604523877817B 402-7380-534.42-10 1.24 10-05 A/C 3604525834211 B 402-7380-534.42-10 1.24 10-05 A/C 3604529882811 B 402-7380-534.42-10 1.12 10-05 A/C 3604525109623B 402-7380-534.42-10 1.24 10-05 A/C 3604523712585B 402-7380-534.42-10 2.53 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 402-7380-534.43-10 205.21 CONSOLIDATED TECH SERVICES Scan Charges 402-7380-534.42-10 0.39 DELL MARKETING LP COMPUTER HARDWARE&PERI PHI 402-7380-534.31-60 43.35 COMPUTER HARDWARE&PERI PHI 402-7380-534.31-60 1,721.25 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-7380-534.31-20 135.30 FINE LINE DIVISION OF PCE PACIFIC PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-20 3,291.03 SHIPPING AND HANDLING 402-7380-534.31-20 25.45 GC SYSTEMS INC SUPPLIES 402-7380-534.31-20 3,132.24 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 402-7380-534.31-01 16.12 HEARTLINE SEED,SOD,SOIL&INOCULANT 402-7380-534.31-20 44.44 George Suhr CITY REBATE 402-7380-534.49-90 50.00 OFFICE DEPOT OFFICE SUPPLIES, GENERAL 402-7380-534.31-01 153.30 PUD#1 OF CLALLAM COUNTY Reservoir Rd 402-7380-534.47-10 48.45 QUILL CORPORATION SUPPLIES 402-7380-534.31-01 22.84 SUPPLIES 402-7380-534.31-01 73.61 ROBINSON NOBLE CONSULTING SERVICES 402-7380-534.41-50 8,824.50 SUPPLYWORKS AUTO&TRUCK ACCESSORIES 402-7380-534.31-01 152.11 SWAIN'S GENERAL STORE INC SUPPLIES 402-7380-534.31-01 152.33 US BANK CORPORATE PAYMENT SYSTEIBottled water-Water 402-7380-534.31-01 46.67 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 402-7380-534.49-90 35.42 VERIZON WIRELESS 09-25 A/C 671402094-00001 402-7380-534.42-10 57.44 Public Works-Water Water Division Total: $19,024.03 Public Works-Water Department Total: $19,024.03 Water Fund Fund Total: $20,785.78 US BANK CORPORATE PAYMENT SYSTEIPortable modems-Hale 403-0000-237.00-00 -18.68 Motor Starters-Hale 403-0000-237.00-00 -65.30 Division Total: -$83.98 Department Total: -$83.98 11/03/2015 Page 21 E - 26 a � Id^^ Date: 10/28/2015 „rrlllylllf rrrrr, a D j u?!pg Cpsd B o hf rfit!! Dj uz!Dpvodj rfFygf oej uvsf !Sf gpsu r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 403-7480-535.42-10 11.54 09-23 A/C 206T302306084B 403-7480-535.42-10 10.99 09-23 A/C 206T310164584B 403-7480-535.42-10 11.54 09-14 A/C 3604570411199B 403-7480-535.42-10 45.44 10-05 a/c 3604529911834B 403-7480-535.42-10 92.29 10-02 a/c 3604170190080B 403-7480-535.42-10 44.75 10-02 a/c 3604170591196B 403-7480-535.42-10 44.75 10-05 A/C 3604529887652B 403-7480-535.42-10 1.10 10-05 A/C 3604523877817B 403-7480-535.42-10 1.10 10-05 A/C 3604525834211 B 403-7480-535.42-10 1.10 10-05 A/C 3604529882811 B 403-7480-535.42-10 1.00 10-05 A/C 3604525109623B 403-7480-535.42-10 1.10 10-05 A/C 3604523712585B 403-7480-535.42-10 2.25 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 403-7480-535.43-10 205.21 CONSOLIDATED TECH SERVICES Scan Charges 403-7480-535.42-10 6.47 FERGUSON ENTERPRISES INC PIPE FITTINGS 403-7480-535.31-20 163.69 H.B.JAEGER COMPANY, LLC WATER SEWAGE TREATMENT EQ403-7480-535.31-20 8,452.34 NAPA AUTO PARTS HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 95.22 PUD#1 OF CLALLAM COUNTY Masters Rd 403-7480-535.47-10 208.70 PUGET CONSTRUCTION SERVICES, INC PW CONSTRUCTION & RELATED 403-7480-535.48-10 10,825.37 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 403-7480-535.44-10 82.16 SUNSET DO-IT BEST HARDWARE PIPE FITTINGS 403-7480-535.31-20 24.30 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 24.00 US BANK CORPORATE PAYMENT SYSTEI Portable modems-Hale 403-7480-535.31-20 240.98 Motor Starters-Hale 403-7480-535.31-20 842.67 UTILITIES UNDERGROUND LOC CTR ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 35.42 VERIZON WIRELESS 09-25 A/C 671402094-00001 403-7480-535.42-10 64.99 09-28 a/c 271138138-00006 403-7480-535.42-10 24.85 09-22 a/c 571136182-00004 403-7480-535.47-10 40.96 Public Works-WW/Stormwl Wastewater Division Total: $21,606.28 Public Works-WW/Stormwtr Department Total: $21,606.28 Wastewater Fund Fund Total: $21,522.30 ANGELES MILLWORK&LUMBER CO FIRE PROTECTION EQUIP/SUP 404-7538-537.48-10 96.30 CENTURYLINK-QWEST 09-14 A/C 3604570411199B 404-7538-537.42-10 22.72 10-05 A/C 3604528100532B 404-7538-537.42-10 44.75 10-05 A/C 3604522245145B 404-7538-537.42-10 44.91 10-05 A/C 3604529887652B 404-7538-537.42-10 0.55 10-05 A/C 3604523877817B 404-7538-537.42-10 0.55 10-05 A/C 3604525834211 B 404-7538-537.42-10 0.55 10-05 A/C 3604529882811 B 404-7538-537.42-10 0.50 10-05 A/C 3604525109623B 404-7538-537.42-10 0.55 10-05 A/C 3604523712585B 404-7538-537.42-10 1.13 11/03/2015 Page 22 E - 27 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CONSOLIDATED TECH SERVICES Scan Charges 404-7538-537.42-10 6.55 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 404-7538-537.44-10 699.00 SWAIN'S GENERAL STORE INC Overpmt 404-7538-537.31-01 -1.00 UNITEC CORPORATION SUPPLIES 404-7538-537.49-90 785.90 SHIPPING AND HANDLING 404-7538-537.49-90 14.80 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,339.30 Public Works-Solid Waste SW- Transfer Station Division Total: $3,057.06 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 404-7580-537.42-10 11.54 09-23 A/C 206T302306084B 404-7580-537.42-10 11.00 09-23 A/C 206T310164584B 404-7580-537.42-10 11.54 09-14 A/C 3604570411199B 404-7580-537.42-10 22.72 10-05 A/C 3604529887652B 404-7580-537.42-10 0.55 10-05 A/C 3604523877817B 404-7580-537.42-10 0.55 10-05 A/C 3604525834211 B 404-7580-537.42-10 0.55 10-05 A/C 3604529882811 B 404-7580-537.42-10 0.50 10-05 A/C 3604525109623B 404-7580-537.42-10 0.55 10-05 A/C 3604523712585B 404-7580-537.42-10 1.13 CONSOLIDATED TECH SERVICES Scan Charges 404-7580-537.42-10 9.56 OLYMPIC PRINTERS INC SUPPLIES 404-7580-537.49-90 18.37 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 404-7580-537.35-01 433.59 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 404-7580-537.44-10 567.00 SUNSET DO-IT BEST HARDWARE BRUSHES(NOT CLASSIFIED) 404-7580-537.48-10 56.14 VERIZON WIRELESS 09-25 A/C 671402094-00001 404-7580-537.42-10 63.29 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 55,905.39 WORC-WA ORGANIC RECYCLING CNCL EDUCATIONAL SERVICES 404-7580-537.43-10 215.00 Public Works-Solid Waste Solid Waste-Collections Division Total: $57,328.97 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 404-7585-537.43-10 205.21 Public Works-Solid Waste Solid Waste-Landfill Division Total: $205.21 Public Works-Solid Waste Department Total: $60,591.24 Solid Waste-Collections Fund Total: $60,591.24 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 406-7412-538.31-20 110.75 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 406-7412-538.42-10 2.88 09-23 A/C 206T302306084B 406-7412-538.42-10 2.75 09-23 A/C 206T310164584B 406-7412-538.42-10 2.88 09-14 A/C 3604570411199B 406-7412-538.42-10 11.36 10-05 A/C 3604529887652B 406-7412-538.42-10 0.28 10-05 A/C 3604523877817B 406-7412-538.42-10 0.28 10-05 A/C 3604525834211 B 406-7412-538.42-10 0.28 10-05 A/C 3604529882811 B 406-7412-538.42-10 0.25 10-05 A/C 3604525109623B 406-7412-538.42-10 0.28 10-05 A/C 3604523712585B 406-7412-538.42-10 0.56 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 406-7412-538.41-50 468.00 11/03/2015 Page 23 E - 28 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CLALLAM CNTY ROAD DEPT TESTING&CALIBRATION SERVI 406-7412-538.41-50 48.20 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 406-7412-538.43-10 205.21 CONSOLIDATED TECH SERVICES Scan Charges 406-7412-538.42-10 22.04 DATABAR INCORPORATED SUPPLIES 406-7412-538.44-10 943.55 FASTENAL INDUSTRIAL CLOTHING &APPAREL 406-7412-538.31-01 225.00 CLOTHING &APPAREL 406-7412-538.31-01 -110.73 SUNSET DO-IT BEST HARDWARE SUPPLIES 406-7412-538.31-01 8.76 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 406-7412-538.49-90 35.42 Public Works-WW/Stormwl Stormwater Division Total: $1,978.00 Public Works-WW/Stormwtr Department Total: $1,978.00 Stormwater Fund Fund Total: $1,978.00 ARROW INTERNATIONAL SALE SURPLUS/OBSOLETE 409-6025-526.31-02 560.86 BOUND TREE MEDICAL, LLC SALE SURPLUS/OBSOLETE 409-6025-526.31-02 864.15 SALE SURPLUS/OBSOLETE 409-6025-526.31-02 247.99 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 105.04 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 6.24 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 409-6025-526.42-10 17.31 09-23 A/C 206T302306084B 409-6025-526.42-10 16.49 09-23 A/C 206T310164584B 409-6025-526.42-10 17.31 09-14 A/C 3604570411199B 409-6025-526.42-10 68.16 10-05 A/C 3604529887652B 409-6025-526.42-10 1.65 10-05 A/C 3604523877817B 409-6025-526.42-10 1.65 10-05 A/C 3604525834211 B 409-6025-526.42-10 1.65 10-05 A/C 3604529882811 B 409-6025-526.42-10 1.50 10-05 A/C 3604525109623B 409-6025-526.42-10 1.65 10-05 A/C 3604523712585B 409-6025-526.42-10 3.38 CONSOLIDATED TECH SERVICES Scan Charges 409-6025-526.42-10 1.23 MOROZ,JAMES FIRST AID&SAFETY EQUIP. 409-6025-526.31-08 200.00 FIRST AID&SAFETY EQUIP. 409-6025-526.31-08 200.00 OLYMPIC OXYGEN SALE SURPLUS/OBSOLETE 409-6025-526.31-13 40.98 PEN PRINT INC OFFICE SUPPLIES, GENERAL 409-6025-526.31-08 37.94 SYSTEMS DESIGN WEST, LLC CONSULTING SERVICES 409-6025-526.41-50 2,791.11 US BANK CORPORATE PAYMENT SYSTEIShelving-Bogues 409-6025-526.31-01 642.75 Epi/Narcan Storage Box- 409-6025-526.31-01 53.35 Emergency Alerting Subscr 409-6025-526.42-10 618.75 Fire Medic I Division Total: $6,501.14 Fire Department Total: $6,501.14 Medic I Utility Fund Total: $6,501.14 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 3,768.75 PORT OF PORT ANGELES ENGINEERING SERVICES 413-7481-535.41-50 82,362.50 US BANK CORPORATE PAYMENT SYSTEI Registration-Bloor 413-7481-535.43-10 1,040.00 Public Works-WW/Stormwl Wastewater Remediation Division Total: $87,171.25 11/03/2015 Page 24 E - 29 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount Public Works-WW/Stormwtr Department Total: $87,171.25 Harbor Clean Up Fund Total: $87,171.25 ALL WEATHER HEATING&COOLING CITY REBATE 421-7121-533.49-86 800.00 CITY REBATE 421-7121-533.49-86 800.00 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 421-7121-533.42-10 2.88 09-23 A/C206T302306084B 421-7121-533.42-10 2.75 09-23 A/C206T310164584B 421-7121-533.42-10 2.88 09-14 A/C 3604570411199B 421-7121-533.42-10 11.36 10-05 A/C 3604529887652B 421-7121-533.42-10 0.28 10-05 A/C 3604523877817B 421-7121-533.42-10 0.28 10-05 A/C 3604525834211 B 421-7121-533.42-10 0.28 10-05 A/C 3604529882811 B 421-7121-533.42-10 0.25 10-05 A/C 3604525109623B 421-7121-533.42-10 0.28 10-05 A/C 3604523712585B 421-7121-533.42-10 0.56 CONSOLIDATED TECH SERVICES Scan Charges 421-7121-533.42-10 2.24 DAVE'S HEATING&COOLING SVC CITY REBATE 421-7121-533.49-86 800.00 CITY REBATE 421-7121-533.49-86 800.00 CITY REBATE 421-7121-533.49-86 800.00 CITY REBATE 421-7121-533.49-86 800.00 US BANK CORPORATE PAYMENT SYSTEI Conservation Inserts-Ki 421-7121-533.42-10 54.45 Public Works-Electric Conservation Division Total: $4,878.49 Public Works-Electric Department Total: $4,878.49 Conservation Fund Total: $4,878.49 LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 451-7188-594.65-10 68.12 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP&SUPPLY 451-7188-594.65-10 33.81 ELECTRICAL EQUIP&SUPPLY 451-7188-594.65-10 11.27 ELECTRICAL EQUIP&SUPPLY 451-7188-594.65-10 11.27 ELECTRICAL EQUIP&SUPPLY 451-7188-594.65-10 62.84 SUNSET DO-IT BEST HARDWARE FASTENERS, FASTENING DEVS 451-7188-594.65-10 69.09 FASTENERS, FASTENING DEVS 451-7188-594.65-10 208.12 Public Works-Electric Electric Projects Division Total: $464.52 Public Works-Electric Department Total: $464.52 Electric Utility CIP Fund Total: $464.52 EXPRESS PERSONNEL SERVICES CONSULTING SERVICES 452-7388-594.65-10 108.48 PW CONSTRUCTION & RELATED 452-7388-594.65-10 1,320.00 PW CONSTRUCTION & RELATED 452-7388-594.65-10 1,320.00 PW CONSTRUCTION & RELATED 452-7388-594.65-10 1,006.50 PW CONSTRUCTION & RELATED 452-7388-594.65-10 1,320.00 PW CONSTRUCTION & RELATED 452-7388-594.65-10 99.58 SWCA ENVIRONMENTAL CONSULTANTS ENVIRONMENTAL&ECOLOGICAL 452-7388-594.65-10 7,518.48 ENVIRONMENTAL&ECOLOGICAL 452-7388-594.65-10 7,954.39 Public Works-Water Water Projects Division Total: $20,647.43 11/03/2015 Page 25 E - 30 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount Public Works-Water Department Total: $20,647.43 Water Utility CIP Fund Total: $20,647.43 EXPRESS PERSONNEL SERVICES PW CONSTRUCTION & RELATED 453-7488-594.65-10 610.21 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 453-7488-594.65-10 1,756.08 ENGINEERING SERVICES 453-7488-594.65-10 4,886.14 ENGINEERING SERVICES 453-7488-594.65-10 2,634.12 Public Works-WW/Stormwl Wastewater Projects Division Total: $9,886.55 Public Works-WW/Stormwtr Department Total: $9,886.55 WasteWater Utility CIP Fund Total: $9,886.55 LANE POWELL CONSULTING SERVICES 454-7588-594.65-10 1,500.00 CONSULTING SERVICES 454-7588-594.65-10 2,337.50 MAGNUS PACIFIC CORPORATION PW CONSTRUCTION & RELATED 454-7588-594.65-10 1,472,624.73 Public Works-Solid Waste Solid Waste Coll Projects Division Total: $1,476,462.23 Public Works-Solid Waste Department Total: $1,476,462.23 Solid Waste Utility CIP Fund Total: $1,476,462.23 EXPRESS PERSONNEL SERVICES PW CONSTRUCTION & RELATED 456-7688-594.65-10 610.21 Public Works-Equip Svcs Stormwater Util CIP Projs Division Total: $610.21 Public Works-Equip Svcs Department Total: $610.21 Stormwtr Util Projects Fund Total: $610.21 SWCA ENVIRONMENTAL CONSULTANTS ENVIRONMENTAL&ECOLOGICAL 463-7489-594.65-10 210.98 Public Works-WW/Stormwl CSO Capital Division Total: $210.98 Public Works-WW/Stormwtr Department Total: $210.98 CSO Capital Fund Fund Total: $210.98 ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 4,758.28 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 3,908.70 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 13.51 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 112.03 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 5.44 FIRE CHIEF EQUIPMENT CO, INC AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 292.68 HI-LINE ELECTRIC CO, INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 18.31 MASCO PETROLEUM, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 583.28 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 30.27 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 10.06 O'REILLYAUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 18.01 HOSES,ALL KINDS 501-0000-141.40-00 27.98 SIRENNET.COM AUTO&TRUCK ACCESSORIES 501-0000-237.00-00 -18.66 Division Total: $9,759.89 Department Total: $9,759.89 ADVANCED TRAVEL Deliver equip. -McBride 501-7630-548.43-10 11.50 Deliver equip. -Sage 501-7630-548.43-10 11.50 Deliver equip. -Waldron 501-7630-548.43-10 11.50 11/03/2015 Page 26 E - 31 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 185.22 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 86.07 ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 172.85 AUTOZONE STORES, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 260.14 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 2.54 BELTS AND BELTING 501-7630-548.34-02 -43.69 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 501-7630-548.42-10 10.10 09-23 A/C 206T302306084B 501-7630-548.42-10 9.62 09-23 A/C 206T310164584B 501-7630-548.42-10 10.10 09-14 A/C 3604570411199B 501-7630-548.42-10 39.76 10-05 A/C 3604529887652B 501-7630-548.42-10 0.96 10-05 A/C 3604523877817B 501-7630-548.42-10 0.96 10-05 A/C 3604525834211 B 501-7630-548.42-10 0.96 10-05 A/C 3604529882811 B 501-7630-548.42-10 0.87 10-05 A/C 3604525109623B 501-7630-548.42-10 0.96 10-05 A/C 3604523712585B 501-7630-548.42-10 1.97 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 501-7630-548.43-10 205.21 CONSOLIDATED TECH SERVICES Scan Charges 501-7630-548.42-10 10.94 COPY CAT GRAPHICS AUTO&TRUCK ACCESSORIES 501-7630-594.64-10 887.24 DEPARTMENT OF LICENSING LICENSE,POLICE SPEED WATC 501-7630-594.64-10 40.75 EVERGREEN COLLSN/RADIATOR RPR EXTERNAL LABOR SERVICES 501-7630-548.34-02 51.40 HEARTLINE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 132.19 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 264.39 HUGHES FIRE EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 245.05 SHIPPING AND HANDLING 501-7630-548.34-02 54.76 INDUSTRIAL SPECIALTIES, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 101.63 J B'S UPHOLSTERY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 27.10 EXTERNAL LABOR SERVICES 501-7630-548.34-02 292.68 LES SCHWAB TIRE CENTER AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 274.23 EXTERNAL LABOR SERVICES 501-7630-548.34-02 103.87 EXTERNAL LABOR SERVICES 501-7630-548.34-02 130.50 LINCOLN INDUSTRIAL CORP EXTERNAL LABOR SERVICES 501-7630-548.34-02 170.74 METALS,BARS,PLATES,RODS 501-7630-548.34-02 109.39 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 4.11 NELSON TRUCK EQUIPMENT CO INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 182.93 NORTHWEST INDUSTRIAL EQUIPMENT AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 516.14 PENINSULA SEPTIC TANKS MACHINERY& HEAVY HRDWARE 501-7630-594.64-10 4,869.00 PLATT ELECTRIC SUPPLY INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 324.12 AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 324.12 PORT ANGELES TIRE FACTORY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 18.23 EXTERNAL LABOR SERVICES 501-7630-548.34-02 86.13 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 15.61 11/03/2015 Page 27 E - 32 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount PORT ANGELES TIRE FACTORY EXTERNAL LABOR SERVICES 501-7630-548.34-02 48.73 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 41.64 EXTERNAL LABOR SERVICES 501-7630-548.34-02 131.65 EXTERNAL LABOR SERVICES 501-7630-548.34-02 78.62 QUALITY 4X4 TRUCK SUPPLY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 275.34 EXTERNAL LABOR SERVICES 501-7630-548.34-02 151.76 SHIPPING AND HANDLING 501-7630-548.49-90 21.68 RICHMOND 2-WAY RADIO EXTERNAL LABOR SERVICES 501-7630-548.34-02 289.44 RUDY'S AUTOMOTIVE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 88.97 EXTERNAL LABOR SERVICES 501-7630-548.34-02 107.10 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 337.39 EXTERNAL LABOR SERVICES 501-7630-548.34-02 577.77 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 319.76 EXTERNAL LABOR SERVICES 501-7630-548.34-02 554.75 EXTERNAL LABOR SERVICES 501-7630-548.34-02 47.70 SIRENNET.COM AUTO&TRUCK ACCESSORIES 501-7630-548.34-02 229.26 SHIPPING AND HANDLING 501-7630-548.34-02 11.54 SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 29.24 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 3.49 SYSTEMS FOR PUBLIC SAFETY, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 2,085.07 TOWN&COUNTRY TRACTOR, INC 501-7630-548.34-02 5.09 US BANK CORPORATE PAYMENT SYSTEIBridge Toll Account-McBri 501-7630-548.34-02 60.00 VALLEY FREIGHTLINER INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 8.31 WESTERN EQUIPMENT DISTRIB INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 168.69 SHIPPING AND HANDLING 501-7630-548.34-02 16.42 WILDER TOYOTA INC EXTERNAL LABOR SERVICES 501-7630-594.64-10 137.47 Public Works-Equip Svcs Equipment Services Division Total: $16,043.23 Public Works-Equip Svcs Department Total: $16,043.23 Equipment Services Fund Total: $25,803.12 CAROUSEL INDUSTRIES Sales Tax 502-0000-237.00-00 221.76 US BANK CORPORATE PAYMENT SYSTE I Data logger software-Harpe 502-0000-237.00-00 -15.12 Division Total: $206.64 Department Total: $206.64 CANON USA, INC OFFICE MACHINES&ACCESS 502-2081-518.45-31 310.95 OFFICE MACHINES&ACCESS 502-2081-518.45-31 174.64 OFFICE MACHINES&ACCESS 502-2081-518.45-31 270.21 OFFICE MACHINES&ACCESS 502-2081-518.45-31 351.55 OFFICE MACHINES&ACCESS 502-2081-518.45-31 365.51 OFFICE MACHINES&ACCESS 502-2081-518.45-31 275.64 OFFICE MACHINES&ACCESS 502-2081-518.45-31 138.86 OFFICE MACHINES&ACCESS 502-2081-518.45-31 116.84 OFFICE MACHINES&ACCESS 502-2081-518.45-31 108.66 11/03/2015 Page 28 E - 33 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount CANON USA, INC OFFICE MACHINES&ACCESS 502-2081-518.45-31 181.84 OFFICE MACHINES&ACCESS 502-2081-518.45-31 663.41 OFFICE MACHINES&ACCESS 502-2081-518.45-31 292.74 OFFICE MACHINES&ACCESS 502-2081-518.45-31 180.55 OFFICE MACHINES&ACCESS 502-2081-518.45-31 124.85 OFFICE MACHINES&ACCESS 502-2081-518.45-31 180.55 CAROUSEL INDUSTRIES RADIO&TELECOMMUNICATION 502-2081-518.31-60 478.92 CENTURYLINK-QWEST 09-16 A/C 206T3359336570B 502-2081-518.42-10 12.98 09-23 A/C 206T302306084B 502-2081-518.42-10 12.37 09-23 A/C 206T310164584B 502-2081-518.42-10 12.98 09-14 A/C 3604570411199B 502-2081-518.42-10 51.12 10-05 A/C 3604529887652B 502-2081-518.42-10 1.24 10-05 A/C 3604523877817B 502-2081-518.42-10 1.24 10-05 A/C 3604525834211 B 502-2081-518.42-10 1.24 10-05 A/C 3604529882811 B 502-2081-518.42-10 1.12 10-05 A/C 3604525109623B 502-2081-518.42-10 1.24 10-05 A/C 3604523712585B 502-2081-518.42-10 2.53 CONSOLIDATED TECH SERVICES Scan Charges 502-2081-518.42-10 20.19 ECYCLENW ELECTRICAL CABLES&WIRES 502-2081-518.47-10 99.00 INSIGHT PUBLIC SECTOR COMPUTERS,DP&WORD PROC. 502-2081-518.48-02 2,699.16 NEXLEVEL MISC PROFESSIONAL SERVICE 502-2081-518.41-50 8,085.00 SHARP ELECTRONICS CORP OFFICE MACHINES&ACCESS 502-2081-518.45-31 304.16 OFFICE MACHINES&ACCESS 502-2081-518.45-31 190.51 OFFICE MACHINES&ACCESS 502-2081-518.45-31 410.58 OFFICE MACHINES&ACCESS 502-2081-518.45-31 361.52 SUNGARD PUBLIC SECTOR DATA PROC SERV&SOFTWARE 502-2081-518.48-02 4,788.71 US BANK CORPORATE PAYMENT SYSTE I Data logger software-Harpe 502-2081-518.31-60 195.12 Finance Information Technologies Division Total: $21,467.73 JMG CONSTRUCTORS, LLC CONSTRUCTION SERVICES,HEA 502-2082-594.65-10 102,191.91 Finance IT Capital Projects Division Total: $102,191.91 Finance Department Total: $123,659.64 Information Technology Fund Total: $123,866.28 WCIA(WA CITIES INS AUTHORITY) CONSULTING SERVICES 503-1671-517.41-50 67,223.12 CONSULTING SERVICES 503-1671-517.49-98 4,050.81 Self Insurance Comp Liability Division Total: $71,273.93 Self Insurance Department Total: $71,273.93 Self-Insurance Fund Fund Total: $71,273.93 CHAPTER 13 TRUSTEE Case#14-14948 920-0000-231.56-90 794.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 525.00 GUARANTEED EDUCATION TUITION PAYROLL SUMMARY 920-0000-231.56-95 122.00 IUOE LOCAL 302 PAYROLL SUMMARY 920-0000-231.54-50 547.49 OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 10-11 920-0000-231.56-20 647.01 11/03/2015 Page 29 E - 34 a � Id^^ Date: 10/28/2015 * »>rrrrrryfrrrrl,, , City of Port Angeles City Council Expenditure Report r4'rJ * From: 1011012015 To: 1012312015 Vendor Description Account Number Invoice Amount TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 1,711.00 PAYROLL SUMMARY 920-0000-231.54-10 1,703.00 UNITED WAY(PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 584.50 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 1,575.00 Division Total: $8,209.00 Department Total: $8,209.00 Payroll Clearing Fund Total: $8,209.00 Totals for check period From: 10/10/2015To: 10/23/2015 $4,120,604.43 11/03/2015 Page 30 E - 35 • ORT NGELES W A S H 1 N G T 0 N, U. S. A. CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: Corey Delikat, Director of Parks &Recreation SUBJECT: City Pier Transient Float Moorage Replacement Project—Recreation and Conservation Office (RCO) TIER II Boating Infrastructure Grant (BIG) Summary: The City's Parks & Recreation Department has received a TIER II Boating Infrastructure Grant. Before we proceed with the project, we need the RCO agreement signed. Funding: Total funding will be in the amount of $257,948, which is 75% of the total project funding. The City's 25% match will consist of $92,252 from Real-Estate Excise Tax. Total project cost is $350,200. Recommendation: Approve and authorize the City Manager to sign the TIER II Boating Infrastructure Grant Project Agreement with the Washington State Recreation and Conservation Office for a grant in the amount of $257,948 for the City Pier Transient Moorage Float Replacement Project 14-1615D. Background/Analysis: In April 2014, the City Council approved Resolution 05-14 permitting City staff to pursue a TIER II Boating Infrastructure Grant (BIG) for the City Pier Transient Float Moorage Replacement Project from the Washington State Recreation and Conservation Office (RCO). On February 23, 2015, the City was notified that they received the BIG grant through a press release from the US Fish and Wildlife. On October 28, 2015, the City received the grant agreement, which needs to be signed so we can proceed with the project. Completion of the project is estimated in spring/summer of 2016. Funding Overview: Total funding will be in the amount of$257,948, which is 75% of the total project funding. The City's 25%match will consist of$92,252 from Real-Estate Excise Tax. Total project cost is $350,200. *Attachment: BIG TIER II Agreement through the RCO 11/03/2015 E - 36 WASHINGTON STATE Recreation and Conservation Office Funding Board Project Agreement Project Sponsor: City of Port Angeles Project Number: 14-1615D Project Title: Port Angeles Transient Moorage Float Replacement Approval Date:8/4/2015 A. PARTIES OF THE AGREEMENT This Project Agreement(Agreement)is entered into between the State of Washington by and through the Recreation and Conservation Funding Board(RCFB or funding board)and the Recreation and Conservation Office,P.O.Box 40917,Olympia,Washington 98504-0917 and City of Port Angeles(sponsor),PO Box 1150,Port Angeles,WA 98362 and shall be binding on the agents and all persons acting by or through the parties. The sponsor's Data Universal Numbering System(DUNS)Number is 148344047. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the General Fund-Federal of the State of Washington.The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above per the director's authority granted in RCW 79A.25.020. C. DESCRIPTION OF PROJECT The City of Port Angeles will use this grant to renovate the Port Angeles City Pier,which is located at 315 North Lincoln Street in Clallam County.This project will allow recreational boaters the ability to use the City Pier for transient moorage and public access to the water for various activities.This will be created by the replacement of the moorage floats and installation of an ADA compliant gangway.The primary recreation provided by this project is for transient recreational boating. D. PERIOD OF PERFORMANCE The period of performance begins on October 31,2015(project start date)and ends on September 30,2017(project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by WAC Titles 286, 420;or RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement. The sponsor must request extensions of the period of performance at least 60 days before the project end date. The sponsor has obligations beyond this period of performance as described in Section E:On-going Obligations. E. ON-GOING OBLIGATIONS For this development and renovation project,the sponsor's on-going obligations shall be for a period of useful service life based on improvements made and shall survive the completion/termination of this Agreement,unless otherwise identified in the Agreement or as approved by the funding board.See 50 C.F.R 86.73.It is the intent of the funding board's conversion policy(see Section 24:Restrictions on Conversion)that all facilities and areas developed or renovated with funding assistance remain in the public domain until the facilities reach their useful service life,unless otherwise provided in the Agreement or as approved by the board. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed$257,948.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the sponsor shall be as indicated below: Percentage DollarAmount Source of Funding RCFB-BIG-Tier2 73.66% $257,948.00 Federal Project Sponsor 26.34% $92,252.00 Total Project Cost 100.00% $350,200.00 G. FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through the following federal funding source(s): Federal Agency:US Dept of Interior Catalog of Federal Domestic Assistance Number and Name:15.622-Boating Infrastructure Federal Award Identification Number:F15AP00249 Federal Fiscal Year:2015 Federal Award Date:07/06/2015 RCO 14-1615D Page 1 of 28 11/03/2015 E - 37 Total Federal Award:$268,575 Federal Award Project Description:Port Angeles Transient Moorage Float Replacement Sponsor's Indirect Cost Rate:0.00%of all costs for this agreement 3 If federal funding information is included in this section,this Agreement is funded by a federal subaward from a portion of the total federal award.This funding is not research and development(R&D). If the sponsor's total federal expenditures are$750,000 or more during the sponsor's fiscal-year,the sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R.Part 200,Sub Part F- Audit Requirements,Section 500(2013).The sponsor must provide a copy of the final audit report to RCO within nine months of the end of the sponsor's fiscal year,unless a longer period is agreed to in advance by the federal agency identified in this section. RCO may suspend all reimbursements if the sponsor fails to timely provide a single federal audit;further the RCO reserves the right to suspend any RCO Agreements with the sponsor if such noncompliance is not promptly cured. H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in the sponsor's application and the project summary under which the Agreement has been approved as well as documents produced in the course of administering the Agreement,including the eligible scope activities and milestones report incorporated herein by reference.Provided,to the extent that information contained in such documents is inconsistent with this Agreement,it shall not be used to vary the terms of the Agreement,unless those terms are shown to be subject to an unintended error or omission.This"Agreement'as used here and elsewhere in this document,unless otherwise specifically stated,has the meaning set forth in the definition of the Standard Terms and Conditions. I. AMENDMENTS MUST BE SIGNED IN WRITING Except as provided herein,no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing and signed by both parties.Except,extensions of the period of performance and minor scope adjustments need only be signed by RCO's director or designee,unless the consent of the sponsor to an extension is required by its auditing policies,regulations,or legal requirements,in which case,no extension shall be effective until so consented. J. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRF13 POLICIES This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and regulations,including any applicable 16 U.S.C.777,2 C.F.R.Part 1402,RCW 79A.25,WAC 286 and RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement,all of which are incorporated herein by this reference as if fully set forth. K. SPECIAL CONDITIONS 1.National Environmental Policy Act and Endangered Species Act: This project is subject to the National Environmental Policy Act(NEPA),Section 7 of the Endangered Species Act (ESA).No ground disturbing activities including demolition may occur until a NEPA and ESA determination has been made and a notice to proceed has been issued by RCO. 2.National Historic Preservation Act: This project is subject to the National Historic Preservation Act(NHPA),Section 106,and therefore appears to be exempt from Governor's Executive Order 05-05 Archaeological and Cultural Resources(EO 05-05)as described in Section 8 of this project agreement.In order for this project to be exempt from EO 05-05,the Section 106 Area of Potential Effect(APE)must include all ground-disturbing activities subject to this project agreement,including any staging area.The sponsor is encouraged to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to this project agreement.If the APE does not include all ground-disturbing activities subject to this project agreement,promptly notify the RCO grant manager,as this will require RCO to initiate cultural resources consultation following EO 05-05 for those activities not included in the federal APE.The Sponsor must submit to RCO evidence of this consultation and a Notice to Proceed from RCO will be required before these ground-disturbing activities can begin. L. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below if not both: Project Contact RCFB Name: Corey Delikat Recreation and Conservation Office Title: Natural Resources Building Address: PO Box 1150 PO Box 40917 Port Angeles,WA 98362 Olympia,Washington 98504-0917 Email: cdelikat @cityofpa.us RCO 14-1615D Page 2 of 28 11/03/2015 E - 38 These addresses shall be effective until receipt by one party from the other of a written notice of any change. M. ENTIRE AGREEMENT This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties.No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. N. EFFECTIVE DATE This Agreement,for project 14-1615D,shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until the date signed by both the sponsor and the RCO,whichever is later (Effective Date).Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D:Period of Performance are allowed only when this Agreement is fully executed and an original is received by RCO. The sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this Agreement.The signators listed below represent and warrant their authority to bind the parties to this Agreement. City of Port Angeles By: Date: Name: (printed) Title: State of Washington,Recreation Conservation Office On behalf of the Recreation and Conservation Funding Board(RCFB or funding board) By: Date: Kaleen Cottingham Director Recreation and Conservation Office Pre-approved as to form: By: /s/ Date: July 20,2015 Assistant Attorney General RCO 14-1615D Page 3 of 28 11/03/2015 E - 39 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS............................................................. 6 SECTION 2. PERFORMANCE BY THE SPONSOR....................................................................... 7 SECTION 3. ASSIGNMENT...............................................................................................I...... 7 SECTION 4. RESPONSIBILITY FOR PROJECT........................................................................... 7 SECTION 5. INDEMNIFICATION............................................................................................... 7 SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR......................................................... 8 SECTION 7. CONFLICT OF INTEREST...................................................................................... 8 SECTION 8. COMPLIANCE WITH APPLICABLE LAW.................................................................. 8 SECTION 9. RECORDS........................................................................................................... 9 SECTION 10. PROJECT FUNDING............................................................................................. 9 SECTION 11. PROJECT REIMBURSEMENTS.............................................................................. 10 SECTION 12. ADVANCE PAYMENTS.......................................................................................... 10 SECTION 13. RECOVERY OF PAYMENTS................................................................................... 11 SECTION 14. COVENANT AGAINST CONTINGENT FEES............................................................. 11 SECTION 15. INCOME AND USE OF INCOME.............................................................................. 11 SECTION 16. PROCUREMENT REQUIREMENTS......................................................................... 11 SECTION 17. TREATMENT OF EQUIPMENT............................................................................... 12 SECTION 18. RIGHT OF INSPECTION........................................................................................ 12 SECTION 19. STEWARDSHIP AND MONITORING........................................................................ 12 SECTION 20. PREFERENCES FOR RESIDENTS........................................................................... 12 SECTION 21. ACKNOWLEDGMENT AND SIGNS.......................................................................... 12 SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND RESTORATION PROJECTS.................................................................................. 13 SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS............................................. 13 SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHERUSES....................................................................................................... 14 SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS.. 14 SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS........ 15 RCO 14-1615D Page 4 of 28 11/03/2015 E - 40 SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY................................................... 15 SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY.............................................................................................I................... 17 SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY....... 17 SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY............ 17 SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY............ 17 SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY.................................................................................................................. 18 SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA AND MARINE SHORELINE PROTECTION PROJECTS ONLY............................................. 20 SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA PROJECTSONLY................................................................................................. 24 SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY................................................................................................................. 24 SECTION 36. ORDER OF PRECEDENCE.................................................................................... 26 SECTION37. AMENDMENTS.................................................................................................... 26 SECTION 38. LIMITATION OF AUTHORITY................................................................................. 26 SECTION 39. WAIVER OF DEFAULT.......................................................................................... 26 SECTION 40. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH............................................................................................................. 26 SECTION 41. SPECIFIC PERFORMANCE.................................................................................... 27 SECTION 42. TERMINATION..................................................................................................... 27 SECTION 43. DISPUTE HEARING.............................................................................................. 27 SECTION 44. ATTORNEYS'FEES............................................................................................. 27 .SECTION 45. GOVERNING LAW/VENUE..................................................................................... 27 SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THESPONSOR.................................................................................................... 28 SECTION47. SEVERABILITY.................................................................................................... 28 RCO 14-1615D Page 5 of 28 11/03/2015 E - 41 WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: City of Port Angeles Project Number:14-1615D Project Title: Port Angeles Transient Moorage Float Replacement Approval Date:8/4/2015 SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below: acquisition project-A project that purchases or receives a donation of fee or less than fee interests in real property.These interests include,but are not limited to,conservation easements,access/trail easements,covenants,water rights,leases,and mineral rights. Agreement or Project Agreement-The document entitled"Project Agreement" accepted by all parties to the present transaction,including without limitation these Standard Terms and Conditions,all attachments, addendums,and amendments, and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any limitations on their effect. applicant-Any party that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding board. application-The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other documents as noted on the application checklist including but not limited to legal opinions,maps,plans,evaluation presentations and scripts. C.F.R.-Code of Federal Regulations contractor-An entity that receives a contract from a sponsor.A contract is a legal instrument by which a non-Federal entity (sponsor)purchases property or services to carry out the project or program under a Federal award.A contractor is not the same as the sponsor or subrecipient.A contract is for the purpose of obtaining goods and services for the non-Federal entity's (sponsor's)own use and creates a procurement relationship with the contractor(2 C.F.R§200.23(2013)). development project-A project that results in the construction of or work resulting in new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation resources. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. education project-A project that provides information,education,and outreach programs for the benefit of outdoor recreationists. education and enforcement project-A project that provides information,education,and outreach programs;encourages responsible recreational behavior,and may provide law enforcement for the benefit of outdoor recreationists. equipment-Tangible personal property(including information technology systems)having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the sponsor or$5,000 (2 C.F.R.§200.33(2013)). funding board-The board that authorized the funds in this Agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCVV,or the Salmon Recovery Funding Board(SRFB)created under chapter 77.85.110 RCVV. indirect cost- Costs incurred for a common or joint purpose benefitting more than one cost objective,and not readily assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved(2 C.F.R.§200.56 (2013)). landowner agreement-An agreement that is required between a sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. maintenance project-A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreationists. maintenance and operation project-A project that maintains existing areas and facilities through repairs,upkeep,and routine servicing for the benefit of outdoor recreationists. match or matching share-The portion of the total project cost provided by the sponsor. milestone-An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. pass-through entity-A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program(2 C.F.R.§200.74(2013)).If this Agreement is a federal subaward,RCO is the pass-through entity. period of performance-The time during which the sponsor may incur new obligations to carry out the work authorized under this this Agreement(2 C.F.R.§200.77(2013)). planning(RCFB projects only)-A project that results in one or more of the following:a study,a plan,construction plans and specifications,and permits to increase the availability of outdoor recreational resources. planning(SRFB projects only)-A project that results in a study,assessment,project design,or inventory. pre-agreement cost-A project cost incurred before the period of performance. RCO 14-1615D Page 6 of 28 11/03/2015 E - 42 project-An undertaking that is,or may be,funded in whole or in part with funds administered by RCO on behalf of the funding board. project cost-The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share,including third-party contributions(2 C.F.R.§200.83(2013)). RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement-RCO's payment of funds from eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation project- A project intended to improve an existing site or structure in order to increase its useful service life beyond original expectations or functions.This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project-A project that brings a site back to its historic function as part of a natural ecosystem or improves the ecological functionality of a site. RCW-Revised Code of Washington RTP-Recreational Trails Program-A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors, only one-the primary sponsor-may be the fiscal agent. sponsor or primary sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its officers,employees,agents and successors.For projects funded with federal money,the sponsor is a subrecipient,which is a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)). subaward- An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity.It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement,including an agreement that the pass-through entity considers a contract(2 C.F.R.§200.92(2013)).A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient(2 C.F.R.§200.330(2013)).If this Agreement is a Federal subaward,the subaward amount is the grant program amount in Section F:Project Funding. subrecipient-Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R.§200.93(2013)).If this Agreement is a Federal subaward,the sponsor is the subrecipient. WAC-Washington Administrative Code. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor and secondary sponsor where applicable,shall undertake the project as described in this Agreement,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.Also see Section 36:Order of Precedence. Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to meet critical milestones or complete the project,as set out in this Agreement,is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior written consent of the RCO. SECTION 4. RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary sponsor,or to any third party,other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the actual or alleged acts,errors,omissions or negligence of,or the breach of any obligation under this Agreement by,the sponsor or the sponsor's agents,employees,contractors,subcontractors,or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or suits based solely upon the negligence of the State,its employees and agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the sponsor or the sponsor's RCO 14-1615D Page 7 of 28 11/03/2015 E - 43 agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the Sponsor is legally liable, and(b)the State its employees and agents for whom it is vicariously liable,the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any contractors,subcontractors and vendors,of any tier. The sponsor shall also defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions by the sponsor or the sponsor's agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable,in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods,processes,designs,information or other items furnished or communicated to State,its agents,officers and employees pursuant to the Agreement;provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information,know-how,copyright rights or inventions resulting from State's,its agents',officers'and employees'failure to comply with specific written instructions regarding use provided to State,its agents,officers and employees by the sponsor,its agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and,solely for the purpose of this indemnification and defense,the sponsor specifically waives any immunity under the state industrial insurance law,RCW Title 51. The RCO is included within the term State,as are all other agencies,departments,boards,or other entities of state government. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of Washington,nor will the sponsor make any claim of right,privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal, state,and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal,RCO may,in its sole discretion,by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act,RCW 42.52;or any similar statute involving the sponsor in the procurement of,or performance under,this Agreement. In the event this Agreement is terminated as provided herein,RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. SECTION 8. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage; Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington Industrial Safety and Health Act);and Buy American Act. A. Nondiscrimination Laws.The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. B. Wages and Job Safety.The sponsor agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws(RCW 39.12) are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers,laborers,or mechanics employed in the performance of any part of this contract,and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040.The sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. RCO 14-1615D Page 8 of 28 11/03/2015 E - 44 C. Archaeological and Cultural Resources.The RCO facilitates the review of applicable projects for potential impacts to archaeological sites and state cultural resources.The sponsor must assist RCO in compliance with Executive Order 05-05 or the National Historic Preservation Act before initiating ground-disturbing activity.The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project.If a federal agency declines to consult,the sponsor shall comply with the requirements of Executive Order 05-05.In the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes' cultural staff and cultural committees,RCO,and the State Department of Archaeology and Historic Preservation.If human remains are discovered during project activity,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee,RCO,State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. D. Restrictions on Grant Use.No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships,for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit, pamphlet,booklet,publication,radio,television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state legislature. E. Debarment and Certification.By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.Further,the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list. SECTION 9. RECORDS A. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.Sponsor shall retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 11:Project Reimbursements.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. B. Access to Records and Data.At no additional cost,the records relating to the Agreement,including materials generated under the Agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO, the Office of the State Auditor,and federal and state officials so authorized by law,regulation or Agreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings,conclusions,and recommendations of the sponsor's reports,including computer models and methodology for those models. C. Public Records.Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56.RCO administers public records requests per WAC 286-06 and 420-04.Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB.By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law,currently codified at RCW 42.56.The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws.The sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request,and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 10. PROJECT FUNDING A. Authority.This agreement is funded through a grant award from the recreation and conservation funding board per WAC 286-13-050 and/or the salmon recovery funding board per WAC 420-04-050.The director of RCO enters into this agreement per delegated authority in RCW 79A.25.020 and 77.85.120. B. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. C. Before the Agreement.No expenditure made,or obligation incurred,by the sponsor before the project start date shall be eligible for grant funds,in whole or in part,unless specifically provided for by funding board policy,such as a waiver of retroactivity or program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards.Pre-agreements costs before the federal award date in Section F:Project Funding are ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)). RCO 14-1615D Page 9 of 28 11/03/2015 E - 45 E. After the Period of Performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 11. PROJECT REIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12.The sponsors may only request reimbursement for eligible and allowable costs incurred during the period of performance.The sponsor may only request reimbursement after(1)this Agreement has been fully executed and(2)the sponsor has remitted payment to its vendors.RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F:Project Funding.Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of its matching share.RCO does not reimburse for donations,which the sponsor may use as part of its percentage.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones.Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. D. Retainage Held Until Project Complete.RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when: 1.All approved or required activities outlined in the Agreement are done; 2.On-site signs are in place(if applicable); 3.Afinal project report is submitted to and accepted by RCO; 4.Any other required documents are complete and submitted to RCO; 5.Afinal reimbursement request is submitted to RCO; 6.The completed project has been accepted by RCO; 7.Final amendments have been processed;and 8.Fiscal transactions are complete. 9.RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future. E. Requirements for Federal Subawards:Match.The sponsor's matching share must comply with 2 C.F.R.§200.306(2013).Any shared costs or matching funds and all contributions,including cash and third party in-kind contributions,must be accepted as part of the sponsor's matching share when such contributions meet all of the following criteria: 1.Are verifiable from the non-Federal entity's(sponsor's)records; 2.Are not included as contributions for any other Federal award; 3.Are necessary and reasonable for accomplishment of project or program objectives; 4.Are allowable under 2 C.F.R.Part 200,Subpart E-Cost Principles(2013); 5.Are not paid by the Federal Government under another Federal award,except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6.Are provided for in the approved budget when required by the Federal awarding agency identified in Section G:Federal Fund Information of this Agreement;and 7.Conform to other provisions of 2 C.F.R.Part 200,Subpart D-Post Federal Award Requirements(2013),as applicable. F. Requirements for Federal Subawards:Close out.Per 2 C.F.R§200.343(2013),the non-Federal entity(sponsor)must: 1.Submit,no later than 90 calendar days after the end date of the period of performance,all financial,performance,and other reports as required by the terms and conditions of the Federal award.The Federal awarding agency or pass-through entity(RCO) may approve extensions when requested by the sponsor. 2.Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3.Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO)paid in advance or paid and that are not authorized to be retained by the non-Federal entity(sponsor)for use in other projects.See OMB Circular A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013),for requirements regarding unreturned amounts that become delinquent debts. 4.Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property(2013). SECTION 12. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8:Reimbursements.See WAC 420-12. RCO 14-1615D Page 10 of 28 11/03/2015 E - 46 SECTION 13. RECOVERY OF PAYMENTS A. Recovery for Noncompliance.In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project total,RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Overpayment Payments.The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement.Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO.Interest shall accrue at the rate of twelve percent(12%)per annum from the time that payment becomes due and owing. C. Requirements for Federal Subawards.The pass-through entity(RCO)may impose any of the remedies as authorized in 2 C.F.R §§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013). SECTION 14. COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business.RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee. SECTION 15. INCOME AND USE OF INCOME A. RCFB Projects.See WAC 286-13-110 for additional requirements for projects funded from the RCFB. B. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed,maintained, renovated,or restored with funding board grants if the fees are consistent with the: (a) Value of any service(s)furnished; (b) Value of any opportunities furnished;and (c) Prevailing range of public fees in the state for the activity involved. (d) Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter)for which a facility/range fee must not be charged(RCW 79A.25.210). C. Use of income.Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing,timber harvesting,farming,etc.)are gained during or after the reimbursement period cited in the Agreement,unless precluded by state or federal law,the revenue may only be used to offset: 1. The sponsor's matching resources; 2. The project's total cost; 3. The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's system;and/or 5. Capital expenses for similar acquisition and/or development and renovation. D. Requirements for Federal Subawards.Sponsors must also comply with 2 C.F.R.§200.307 Program income(2013). SECTION 16. PROCUREMENT REQUIREMENTS A. Procurement Requirements. If Sponsors have a procurement process that follows applicable state and/or required federal procurement principles,it must be followed.If no such process exists the sponsor must follow these minimum procedures: 1. Publish a notice to the public requesting bids/proposals for the project; 2. Specify in the notice the date for submittal of bids/proposals; 3. Specify in the notice the general procedure and criteria for selection;and 4. Comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity,sex,or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. This procedure creates no rights for the benefit of third parties,including any proposers,and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO.Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. RCO 14-1615D Page 11 of 28 11/03/2015 E - 47 B. Requirements for Federal Subawards. 1. For all Federal subawards except RTP projects,non-Federal entities(sponsors)must follow 2 C.F.R§§200.318 General procurement standards through 200.326 Contract Provisions(2013). 2. For RTP subawards,sponsors follow such policies and procedures allowed by the State when procuring property and services under a Federal award(2 C.F.R§1201.317(2013)).State procurement policies are in subsection A of this section. SECTION 17. TREATMENT OF EQUIPMENT A. Discontinued Use.Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the equipment for the purpose for which it was funded,RCO will require the sponsor to deliver the equipment to RCO,dispose of the equipment according to RCO policies,or return the fair market value of the equipment to RCO.Equipment shall be used only for the purpose of this Agreement,unless otherwise provided herein or approved by RCO in writing. B. Loss or Damage.The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance with sound management practices. C. Requirements for Federal Subawards.Except RTP,procedures for managing equipment(including replacement equipment), whether acquired in whole or in part under a Federal award,until disposition takes place will,as a minimum,meet the following requirements(2 C.F.R§200.313(2013)): 1. Property records must be maintained that include a description of the property,a serial number or other identification number,the source of funding for the property(including the FAIN),who holds title,the acquisition date,and cost of the property,percentage of Federal participation in the project costs for the Federal award under which the property was acquired,the location,use and condition of the property,and any ultimate disposition data including the date of disposal and sale price of the property. 2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3. A control system must be developed to ensure adequate safeguards to prevent loss,damage,or theft of the property.Any loss,damage,or theft must be investigated. 4. Adequate maintenance procedures must be developed to keep the property in good condition. 5. If the non-Federal entity is authorized or required to sell the property,proper sales procedures must be established to ensure the highest possible return. D. Requirements for RTP Subawards.The subrecipient(sponsor)shall follow such policies and procedures allowed by the State with respect to the use,management and disposal of equipment acquired under a Federal award(2 C.F.R§1201.313(2013)). SECTION 18. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government,at all reasonable times,in order to monitor and evaluate performance,compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure as described in Section 22.B:Control and Tenure has been executed,it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 19. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board. SECTION 20. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 21. ACKNOWLEDGMENT AND SIGNS A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for,or referring to,the project during the project period and in the future. B. Signs.The sponsor also shall post signs or other appropriate media during the project period of performance and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. RCO 14-1615D Page 12 of 28 11/03/2015 E - 48 C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. The fund source; 2. The percentage of the total costs of the project that is financed with federal money; 3. The dollar amount of federal funds for the project;and 4. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a development,maintenance,renovation or restoration project: A. Document Review and Approval.The sponsor agrees to submit one copy of all construction plans and specifications to RCO for review prior to implementation or as otherwise identified in the milestones.Review and approval by RCO will be for compliance with the terms of this Agreement.Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. B. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(landowner agreement,long-term lease,easement,or fee simple ownership)for the land proposed for construction.The documentation must meet current RCO requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement. C. Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies." D. Use of Best Management Practices.Sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include"Integrated Streambank Protection Guidelines",2002;"Protecting Nearshore Habitat and Functions in Puget Sound",2010;"Stream Habitat Restoration Guidelines", 2012;'Water Crossing Design Guidelines",2013;and"Marine Shoreline Design Guidelines",2014.These documents,along with new and updated guidance documents,and other information are available on the AHG Web site.Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council(WISC)described in"Reducing Accidental Introductions of Invasive Species"which is available on the WISC Web site. SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition project: A. Evidence of Land Value.Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington.When real property rights(both fee simple and lesser interests)are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington.These documents include a Deed of Right,Assignment of Rights,Easements and/or Leases as described below.The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right.The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or use the property for public purposes consistent with the fund source.See WAC 420-12 or 286-13.Sponsors shall use this document when acquiring real property rights that include the underlying land.This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights.The Assignment of Rights document transfers certain rights such as access and enforcement to RCO.Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes.The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases.The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document.Language will depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. RCO 14-1615D Page 13 of 28 11/03/2015 E - 49 E. Real Property Acquisition and Relocation Assistance 1. Federal Acquisition Policies.When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat.1894 (1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act. 2. State Acquisition Policies.When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26 RCW,and Chapter 468-100 WAC. 3. Housing and Relocation.In the event that housing and relocation costs,as required by federal law set out in subsection(1) above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to provide any housing and relocation assistance required. F. Buildings and Structures.In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery. Sponsors agree to remove or demolish ineligible structures.Sponsors must consult RCO regarding compliance with Section 8.C.: Archaeological and Cultural Resources before structures are removed or demolished. G. Hazardous Substances. 1. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances,as defined in RCW 70.105D.020(10),and certify: a.No hazardous substances were found on the site,or b.Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,and the site deemed"clean." 2. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. H. Requirements for Federal Subawards.The non-Federal entity(sponsor)must submit reports at least annually on the status of real property in which the Federal Government retains an interest,unless the Federal interest in the real property extends 15 years or longer.In those instances where the Federal interest attached is for a period of 15 years or more,the Federal awarding agency or the pass-through entity(RCO),at its option,may require the sponsor to report at various multi-year frequencies(e.g., every two years or every three years,not to exceed a five-year reporting period;or a Federal awarding agency or RCO may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years)(2 C.F.R§ 200.329(2013)). SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property(including any interest therein)or facility acquired,developed,maintained, renovated,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes,rules,and funding board policies.Also see WAC Title 286 or 420.It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities acquired,developed,renovated,and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board.Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited,such as one involving a lease or a term-limited restoration,renovation or development project or easement,this restriction on conversion shall apply only for the length of the term,unless otherwise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term specified by the lease,easement,deed,or landowner agreement. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition,development,maintenance, renovation or restoration project: A. Property and facility operation and maintenance.Sponsor must ensure that properties or facilities assisted with funding board funds,including undeveloped sites,are built,operated,used,and maintained: 1. According to applicable federal,state,and local laws and regulations,including public health standards and building codes. 2. In a reasonably safe condition for the project's intended use. 3. Throughout its estimated useful service life so as to prevent undue deterioration. 4. In compliance with all federal and state nondiscrimination laws,regulations and policies. RCO 14-1615D Page 14 of 28 11/03/2015 E - 50 B. Open to the public.Facilities open and accessible to the general public must: 1. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards,guidelines,or rules,including but not limited to:the International Building Code, the Americans with Disabilities Act,and the Architectural Barriers Act,as updated. 2. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods. 3. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the type of area or facility. SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,including any nonprofit sponsor,shall: A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations.Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement.RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only). SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified in Section G:Federal Fund Information. A. Equal Employment Opportunity.Except as otherwise provided under 41 C.F.R.60,all contracts that meet the definition of "federally assisted construction contract"in 41 C.F.R.§60-1.3 must include the equal opportunity clause provided under 41 C.F.R.§60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30 Fed.Reg. 12319,12935,3 C.F.R.1964, 1965 Comp.,p.339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 C.F.R.§60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant,contract,loan,insurance,or guarantee,or undertaken pursuant to any Federal program involving such grant,contract,loan,insurance,or guarantee,or any application or modification thereof approved by the Government for a grant,contract,loan,insurance,or guarantee under which the applicant itself participates in the construction work.(41 C.F.R.§60-1.3) Construction work means the construction,rehabilitation,alteration,conversion,extension,demolition or repair of buildings, highways,or other changes or improvements to real property,including facilities providing utility services.The term also includes the supervision,inspection,and other onsite functions incidental to the actual construction.(41 C.F.R.§60-1.3) B. Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal entities(sponsors)must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 C.F.R.§5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must be required to pay wages not less than once a week.The non-Federal entity(sponsor)must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity(sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section G:Federal Fund Information. The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 C.F.R Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States').The Act provides that each contractor or subrecipient(sponsor)must be prohibited from inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity (sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section G:Federal Fund Information. RCO 14-1615D Page 15 of 28 11/03/2015 E - 51 C. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by the non-Federal entity(sponsor)in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as supplemented by Department of Labor regulations(29 C.F.R.Part 5). Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. D. Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement' under 37 C.F.R§401.2(a)and the recipient or subrecipient(sponsor)wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that"funding agreement,"the recipient or subrecipient(sponsor)must comply with the requirements of 37 C.F.R Part 401,'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. E. Clean Air Act(42 U.S.C.7401-7671 q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671 q) and the Federal Water Pollution Control Act as amended(33 U.S.C.1251-1387).Violations must be reported to the Federal awarding agency identified in Section G:Federal Fund Information and the Regional Office of the Environmental Protection Agency(EPA). F. Byrd Anti-Lobbying Amendment(31 U.S.C.1352).Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award. G. Procurement of Recovered Materials.A non-Federal entity(sponsor)that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. Required Insurance.The non-Federal entity(sponsor)must,at a minimum,provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award(2 C.F.R§ 200.310(2013)). I. Debarment and Suspension(Executive Orders 12549 and 12689).The sponsor must not award a contract (see 2 C.F.R§ 180.220)to parties listed on the government-wide exclusions in the System forAward Management(SAM),in accordance with the Office of Management and Budget(OMB)guidelines at 2 C.F.R§180 that implement Executive Orders 12549(3 C.F.R part 1986 Comp.,p.189)and 12689(3 C.F.R part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. RCO 14-1615D Page 16 of 28 11/03/2015 E - 52 SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Archery Range Recreation Account. A. Liability Insurance.The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition, to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person. B. Insurance Endorsement.The liability insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO as additional insured and shall be in a form approved by the funding board or director. C. Length of Insurance.The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement in Section E: On-going Obligation. D. Notice of Cancellation.The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10)calendar days following any termination of the policy by the sponsor. E. Government Agencies.The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. Sole Duty of the Sponsor.By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury,or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates.Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or others,for any and all remedies that may be available by law. SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Land and Water Conservation Fund. If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement and incorporated herein.The sponsor shall abide by these LWCF General Provisions,in addition to this Agreement,as they now exist or are hereafter amended.Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Washington Wildlife and Recreation Program Farmland Preservation Account. For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement: A.Section 15-Income and Income Use; B.Section 19-Stewardship and Monitoring; C.Section 21 -Acknowledgement and Signs; D.Section 23-Provisions applying to Acquisition Projects,Sub-sections D,F,and G; E.Section 24-Restriction on Conversion of Real Property and/or Facilities to Other Uses;and F.Section 25-Construction,Operation and Maintenance of Assisted Projects. SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded by the SRFB. For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 C.F.R.§223.203(b)(8)(2000),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project Agreement.This section shall not be the basis for any enforcement responsibility by RCO. RCO 14-1615D Page 17 of 28 11/03/2015 E - 53 SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Puget Sound Acquisition and Restoration program. The sponsor agrees to the following terms and conditions: A. Cost Principles/Indirect Costs for State Agencies.Sub-Recipient(sponsor)will comply with the cost principles of 2 C.F.R.Part 200 Subpart E(2013).Unless otherwise indicated,the cost principles apply to the use of funds provided under this Agreement and in-kind matching donations.The applicability of the cost principles depends on the type of organization incurring the costs. B. Sub-recipient(sponsor)shall meet the provisions in Office of Management and Budget(OMB)Guidance,Subpart F,§200.501 (Audit Requirements),if the sponsor expends$750,000 or more in total Federal funds in a fiscal year.The$750,000 threshold for each year is a cumulative total of all federal funding from all sources.The sponsor shall forward a copy of the audit along with the sponsor's response and the final corrective action plan to RCO within ninety(90)days of the date of the audit report.For complete information on how to accomplish the single audit submissions,visit the Federal Audit Clearinghouse Web site:http://harvester.census.gov/facweb C. Credit and Acknowledgement.In addition to Section 21:Acknowledgement and Signs,materials produced must display both the Environmental Protection Agency(EPA)and Puget Sound Partnership(PSP)logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency.The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency,nor does mention of trade names or commercial products constitute endorsement or recommendation for use."This requirement is for the life of the product,whether during or after the Agreement period of performance. D. Hotel Motel Fire Safety Act.Sponsor agrees to ensure that all conference,meeting,convention,or training space funded in whole or part with federal funds,complies with the federal Hotel and Motel Fire Safety Act(PL 101-391,as amended).Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. E. Drug Free Workplace Certification.Sub-recipient(sponsor)shall make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R.Part 1536 Subpart B.Additionally,in accordance with these regulations,the recipient organization shall identify all known workplaces under its federal awards,and keep this information on file during the performance of the award.Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R.Part 1536 Subpart C.The consequences for violating this condition are detailed under 2 C.F.R.Part 1536 Subpart E. Recipients can access the Code of Federal Regulations(CFR)Title 2 Part 1536 at:http://ecfr.gpoaccess.gov. F. Management Fees.Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.The term"management fees or similar charges"refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses,unforeseen liabilities or for other similar costs which are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this agreement,except for the extent authorized as a direct cost of carrying out the scope of work. G. Trafficking in Persons and Trafficking Victim Protection Act of 2000(TVPA).This provision applies only to a Sub-recipient (sponsor),and all sub-awardees of sub-recipient(sponsor),if any.Sub-recipient(sponsor)shall include the following statement in all sub-awards made to any private entity under this Agreement. "You as the sub-recipient,your employees,sub-awardees under this award,and sub-awardees'employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect;procure a commercial sex act during the period of time that the award is in effect;or use forced labor in the performance of the award or sub-awards under this Award." Sub-recipient(sponsor),and all sub-awardees of sub-recipient(sponsor)must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate,without penalty,the funding award if this prohibition is violated,Section 106 of the Trafficking Victims Protection Act of 2000,as amended. H. Lobbying.The chief executive officer of this recipient agency(sponsor)shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S.unless authorized under existing law.The recipient(sponsor)shall abide by their respective Cost Principles(OMB Circulars A-21,A-87, and A-122),which generally prohibits the use of federal grant funds for litigation against the U.S.or for lobbying or other political activities. The sponsor agrees to comply with 40 C.F.R.Part 34,New Restrictions on Lobbying.Sponsor shall include the language of this provision in award documents for all sub-awards exceeding$100,000,and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment,any sponsor who makes a prohibited expenditure under 40 C.F.R.Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each expenditure. RCO 14-1615D Page 18 of 28 11/03/2015 E - 54 All contracts awarded by sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the Appendix at 40 C.F.R.Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act,sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. I. Reimbursement Limitation.If the sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO,it does so at its own risk.RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the RCO approved budget. J. Disadvantaged Business Enterprise Requirements.Sponsor agrees to comply with the requirements of EPAs Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. K. Minority and Women's Business Participation.Sponsor agrees to solicit and recruit,to the maximum extent possible,certified minority owned(MBE)and women owned(WBE)businesses in purchases and contracts initiated after the effective date of this Agreement. These goals are expressed as a percentage of the total dollars available for the purchase or Agreement and are as follows: Purchased Goods 8%MBE 4%WBE Purchased Services 10%MBE 4%WBE Professional Services 10%MBE 4%WBE Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or non-achievement of the goals.Achievement of the goals is encouraged,however,and sponsor and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1.Include qualified minority and women's businesses on solicitation lists. 2.Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. 3.Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. 4.Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. 5.Use the services and assistance of the State Office of Minority and Women's Business Enterprises(OMWBE)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. L. MBE/WBE Reporting.In accordance with the deviation from 40 C.F.R.§33.502,signed November 8,2013,DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: 1.There are any funds budgeted in the contractual/services,equipment or construction lines of the award; 2.$3,000 or more is included for supplies;or 3.There are funds budgeted for subawards or loans in which the expected budget(s)meet the conditions as 4.Described in items(a)and(b). When completing the form,recipients(sponsors)should disregard the quarterly and semi-annual boxes in the reporting period section 1 B of the form.For annual submissions,the reports are due by October 30th of each year or 90 days after the end of the project period,whichever comes first. The reporting requirement is based on planned procurements.Recipients(sponsors)with funds budgeted for non-supply procurement and/or$3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not.If no procurements take place during the reporting period,the recipient should check the box in section 5B when completing the form. MBEM/BE reports should be sent to the DBE Coordinator in the sponsor's region.Contact information can be found at http://www.epa.gov/osbp/contactpage.htm.The coordinators can also answer any questions. Final MBEM/BE reports must be submitted within 90 days after the project period of the grant ends.To be in compliance with regulations,the sponsor must submit a final MBEM/BE report. Non-compliance may impact future competitive grant proposals.The current EPA From 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe_reporting.htm. M. SIX GOOD FAITH EFFORTS,40 C.F.R.,Part 33,Subpart C.Pursuant to 40 C.F.R.§33.301,the sponsor agrees to make the following good faith efforts whenever procuring construction,equipment,services and supplies under an EPA financial assistance agreement,and to require that sub-recipients(sponsors),and prime contractors also comply.Records documenting compliance with the six good faith efforts shall be retained: 1.Ensure Disadvantaged Business Enterprise(DBEs)are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal,State and Local and Government sponsors,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2.Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process.This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3.Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs.For Indian Tribal,State and local Government sponsors,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. RCO 14-1615D Page 19 of 28 11/03/2015 E - 55 4.Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms to handle individually. 5.Use the services and assistance of the Small Business Administration(SBA)and the Minority Business Development of the Department of Commerce. 6.If the sponsor awards subcontracts,require the sponsor to take the steps in paragraphs(1)through(5)of this section. N. Lobbying&Litigation. By signing this agreement,the sponsor certifies that none of the funds received from this agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law.The sponsor shall abide by its respective Attachment in 2 CF.R.Part 200,which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding$100,000,EPA requires the following certification and disclosure forms: Certification Regarding Lobbying,EPA Form 6600-06:http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf Disclosure of Lobbying Activities,SF LLL:http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf Legal expenses required in the administration of Federal programs are allowable.Legal expenses for prosecution of claims against the Federal Government are unallowable. O. Payment to Consultants.EPA participation in the salary rate(excluding overhead)paid to individual consultants retained by recipients(sponsors)or by a recipients'(sponsor's)contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule(formerly GS-18),to be adjusted annually.This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.This rate does not include transportation and subsistence costs for travel performed(the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 C.F.R.Parts 30 or 31,are not affected by this limitation unless the terms of the contract provide the recipient(sponsor)with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R.§30.27(b)or 40 C.F.R.§31.3690),as applicable,for additional information. As of January 1,2014,the limit is$602.24 per day$75.28 per hour. p. Peer Review.Where appropriate,prior to finalizing any significant technical products the Principal Investigator(PI)of this project must solicit advice,review,and feedback from a technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA AND MARINE SHORELINE The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program-EPA or the Marine Shoreline Protection program. The sponsor shall comply with all applicable federal,State,and local laws,rules,and regulations in carrying out the terms and conditions of this Agreement. A. Administrative Conditions 1. Cost Principles.The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200(2013).Unless otherwise indicated,the Cost Principles apply to the use of funds provided under this Agreement and In-kind matching donations.The applicability of the Cost Principles depends on the type of organization incurring the costs. 2. Audit Requirements.The sponsor shall fully comply with requirements of 2 G.F.R.Part 200,Subpart F-Audit Requirements (2013),if applicable.See also Section F:Project Funding. 3. Hotel-Motel Fire Safety Act.Pursuant to 40 C.F.R.30.18,if applicable,and 15 U.S.0 2225a,sponsor agrees to ensure that all space for conferences,meetings,conventions,or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(PL 101-391,as amended.The sponsor may search the Hotel-Motel National Master List at:http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance(FEMA ID is currently not required),or to find other information about the Act. 4. Recycled Paper a. Institutions of Higher Education Hospitals and Non-Profit Organizations.In accordance with 40 C.F.R.30.16,sponsor agrees to use recycled paper and double-sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA,or to Standard Forms,which are printed on recycled paper and are available through the General Services Administration. RCO 14-1615D Page 20 of 28 11/03/2015 E - 56 b. State Agencies and Political Subdivisions.In accordance with Section 6002 of the Resource Conservation and Recovery Act(RCRA)(42 U.S.C.6962)any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth.Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or more.RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA.These guidelines are listed in 40 C.F.R.247. C. State and Local Institutions of Higher Education and Non-Profit Organizations. In accordance with 40 C.F.R.§30.16, State and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPAs guidelines. d. State Tribal and Local Government Recipients.In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423,Strengthening Federal Environmental,Energy and Transportation Management(January 24, 2007),the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms,which are printed on recycled paper and are available through the General Services Administration. 5. Lobbying.The sponsor agrees to comply with Title 40 C.F.R.Part 34,New Restrictions on Lobbying.The sponsor shall include the language of this provision in award documents for all sub-awards exceeding$100,000,and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment,any recipient who makes a prohibited expenditure under Title 40 C.F.R.Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each expenditure.See also Section 11:Compliance with Applicable Federal Laws. a. Part 30 Recipients.All contracts awarded by the sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act,the sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. b. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The sponsor shall abide by its respective Appendix in 2 C.F.R.Part 200,which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 6. Suspension and Debarment.The sponsor shall fully comply with Subpart C of 2 C.F.R.Part 180 and 2 C.F.R.Part 1532, entitled'Responsibilities of Participants Regarding Transaction(Doing Business with Other Persons)'.The sponsor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R.Part 180 and 2 C.F.R. Part 1532,entitled'Covered Transactions',includes a term or condition requiring compliance with Subpart C.The sponsor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions.The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R.§180.335 may result in the delay or negation of this assistance agreement,or pursuance of legal remedies,including suspension and debarment. The sponsor may access the Excluded Parties List System at:http://www.epls.gov.This term and condition supersedes EPA Form 5700-49,'Certification Regarding Debarment,Suspension,and Other Responsibility Matters'.See also Section 27: Provisions for Federal Subawards Only. 7. Drug-Free Workplace Certification.The sponsor must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R.Part 1536 Subpart B.Additionally,in accordance with these regulations,the sponsor must identify all known workplaces under its federal award;and keep this information on file during the performance of the award. a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R.Part 1536 Subpart C. b. The consequences for violating this condition are detailed under 2 C.F.R.Part 1536 Subpart E.The sponsor can access 2 C.F.R Part 1536 at http://ecfr.gpoaccess.gov. 8. Management Fees.Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.The term"management fees or similar charges"refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses,unforeseen liabilities,or for other similar costs which are not allowable under this assistance agreement.Management fees or similar charges may not be used to improve or expand the project funded under this Agreement,except to the extent authorized as a direct cost of carrying out the scope of work. g. Reimbursement Limitation.If the sponsor expends more than the grant amount in this Agreement in its approved budget in anticipation of receiving additional funds,it does so at its own risk.The Federal Government and RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the approved budget.See also Section 11:Project Reimbursements. RCO 14-1615D Page 21 of 28 11/03/2015 E - 57 10. Trafficking in Persons.The following prohibition statement applies to the sponsor,and all sub-awardees of the sponsor.The sponsor must include this statement in all sub-awards made to any private entity under this Agreement. "YOU AS THE SUB-RECIPIENT,YOUR EMPLOYEES,SUB-AWARDEES UNDER THIS AWARD,AND SUB-AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT;PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT;OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER THIS AWARD." 11. Disadvantaged Business Enterprise Requirements,General Compliance.The sponsor agrees to comply with the requirements of EPAs Program for Utilization of Small,Minority and Women's Business Enterprises in procurement under assistance agreements,contained in 40 C.F.R.Part 33. 12. Sub-Awards. If the sponsor makes sub-awards under this Agreement,the sponsor is responsible for selecting its sub-awardees and,if applicable,for conducting sub-award competitions.The sponsor agrees to: a. Establish all sub-award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE); C. Ensure that any sub-awards comply with the standards in 2 C.F.R.Part 200,and are not used to acquire commercial goods or services for the sub-awardee; d. Ensure that any sub-awards to 501(c)(4)organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees,and ensure sub-awardees comply with all applicable regulations,statutes, and terms and conditions which flow down in the sub-award; f. Obtain RCO's consent before making a sub-award to a foreign or international organization,or a sub-award to be performed in a foreign country;and g. Obtain approval from RCO for any new sub-award work that is not outlined in the approved work plan in accordance with 40 C.F.R.Parts 30.25 and 31.30,as applicable. 13. Federal Employees.No Subcontract or grant funds may be used to provide any Federal Employee transportation assistance,reimbursement,and any other expense. 14. Fly America Act.The sponsor agrees to comply with 49 U.S.C.40118(the"Fly America"act)in accordance with the General Services Administration's regulations at 41 C.F.R.Part 301-10,which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S.Flag air carriers for U.S.Government-financed international air travel and transportation of their personal effects or property,to the extent such service is available,unless travel by foreign air carrier is a matter of necessity,as defined by the Fly America Act.The sponsor shall submit,if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by U.S.flag air carrier was not available or why it was necessary to use a foreign air carrier and shall,in any event,provide a certificate of compliance with the Fly America requirements.The sponsor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 15. Recovered Materials.The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA),as amended(42 U.S.C.6962),including but not limited to the regulatory provisions of 40 C.F.R.Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 C.F.R.Part 247.See also Section 27:Provisions for Federal Subawards Only. 16. Copeland"Anti-Kickback"Act.All contracts and subgrants in excess of$2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874), as supplemented by Department of Labor regulations(29 C,F,R,Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient shall be prohibited from inducing,by any means,any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled.The recipient shall report all suspected or reported violations to the Federal awarding agency.See also Section 27:Provisions for Federal Subawards Only. 17. Davis-Bacon Act,as amended(40 U.S.C.276a to a-7).When required by Federal program legislation,all construction contracts awarded by the recipients and subrecipients of more than$2,000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by Department of Labor regulations(29 C.F.R.Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor.In addition,contractors shall be required to pay wages not less than once a week.The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.The recipient shall report all suspected or reported violations to the Federal awarding agency.See also Section 27:Provisions for Federal Subawards Only. RCO 14-1615D Page 22 of 28 11/03/2015 E - 58 18. Contract Work Hours and Safety Standards Act(40 U.S.C.327-333). Where applicable,all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of$2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 C.F.R.Part 5).Under Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence.See also Section 27:Provisions for Federal Subawards Only. 19. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental,or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 C.F.R.Part 401,"Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency.See also Section 27:Provisions for Federal Subawards Only. 20. FY12 APPR ACT:Unpaid Federal Tax liabilities and Federal Felony Convictions.This Agreement is subject to the provisions contained in the Department of Interior,Environment,and Related Agencies Appropriations Act,2012,HR 2055,Division E, Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions.Accordingly,by accepting this award the recipient acknowledges that it(1)is not subject to any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,and(2)has not been convicted(or had an officer or agent acting on its behalf convicted)of a felony criminal conviction under and Federal law within 24 months preceding the award,unless EPA has considered suspension or debarment of the corporation,or such officer or agent,based on these tax liabilities or convictions and determined that such action is not necessary to such action is not necessary to protect the Government's interests.If the recipient fails to comply with these provisions,EPA will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. B. Programmatic Conditions: 1 Semi-Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months, unless a different reporting frequency is outlined in the Scope of Work,using the reporting tool supplied by RCO.The sponsor agrees to include brief information on each of the following areas: a. Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; b. The reasons for slippages if the established outputs/outcomes were not met;AND C. Additional pertinent information,including when appropriate,analysis and information of cost overruns or high unit costs. Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15 days after the end of each reporting period. 2. Final Performance Report.In addition to the periodic performance reports,the sub-recipient will submit a final performance report to RCO within 60 calendar days after the expiration or termination of the award.The report shall be submitted to the RCO Grant Manager and must be provided electronically.The report shall generally contain the same information as in the periodic reports,but should cover the entire project period. 3. Recognition of EPA Funding.Reports,documents,signage,videos,or other media,developed as part of projects funded by this Agreement shall contain the following statement: "THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER ASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE.THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE ENVIRONMENTAL PROTECTION AGENCY,NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE." 4. Copyrighted Material.EPA has the right to reproduce,publish,use,and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of:a)the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or;b)termination or expiration of this agreement. 5. Peer Review.The results of this project may affect management decisions relating to Puget Sound.Prior to finalizing any significant technical products the Principal Investigator(PI)of this project must solicit advice,review and feedback from a technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to releasing any final reports or products resulting from the funded study. RCO 14-1615D Page 23 of 28 11/03/2015 E - 59 6. Quality Assurance Requirements.Acceptable Quality Assurance documentation must be submitted to the Grant Program within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager.The National Estuary Program(NEP)Quality Coordinator supports quality assurance for EPA-funded NEP projects.No work involving direct measurements or data generation,environmental modeling,compilation of data from literature or electronic media, and data supporting the design,construction,and operation of environmental technology shall be initiated under an agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document.The sponsor will submit all Quality Assurance documentation to the following address.Please copy the Grant Program on all correspondence with the NEP Quality Coordinator.Thomas H.Gries,NEP Quality Coordinator Department of Ecology Tgri460 @ecy.wa.gov 360.407.6327. 7. Environmental Data and Information Technology.Sub-recipients are required to institute standardized reporting requirements into their work plans and include such costs in their budgets.All environmental data will be required to be entered into the EPAs Storage and Retrieval data system(STORET).The best method(local or state consolidated)for reporting will be determined on a project-by-project basis between the DFW grant manager and sub-recipient.More information about STORET can be found at http://www.epa.gov/STORET. SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program-EPA. A. DUNS and CCR Requirements 1. Unless otherwise exempted from this requirement under 2 C.F.R.§25.110,the sponsor must maintain the currency of its information in the CCR until submission of its final financial report required under this Agreement or receive the final payment,whichever is later. 2. The sponsor may not make a sub-award to any entity unless the entity has provided its DUNS number to the sponsor. B. FY2011 ACORN Funding Restriction.No funds provided under this Agreement may be used for sub-awards/sub-grants or contracts to the Association of Community Organizations for Reform NOW(ACORN)or any of its subsidiaries. SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Marine Shoreline Protection program. The Sub-Recipient shall comply with all applicable federal,State,and local laws,rules,and regulations in carrying out the terms and conditions of this Agreement. A. Federal Finance Report(FFR).Recipients(sponsor)shall submit final Federal Financial Reports(FFR),Standard Form 425 (SF-425),to EPA no later than 90 calendar days after the end of the project period.The form is available on the internet at www.epa.gov/ocfo/finservices/forms.htm.All FFRs must be submitted to the Las Vegas Finance Center:US EPA,LVFC,4220 S. Maryland Pkwy Bldg C,Rm 503,Las Vegas,NV 89119,or by FAX to:702-798-2423.The LVFC will make adjustments,as necessary,to obligated funds after reviewing and accepting a final Federal Financial Report.Recipients(sponsor)will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement.EPA may take enforcement actions in accordance with 40 C.F.R.§30.62 and 40 C.F.R.§31.43 if the recipient does not comply with this term and condition. B. Reimbursement Limitation.If the sponsor expends more than the amount of federal funding in its approved budget in anticipation of receiving additional funds,it does so at its own risk.The Federal Government and RCO is not legally obligated to reimburse Sub-Recipient for costs incurred in excess of the approved budget. C. DUNS and CCR Requirements 1. Requirement for Central Contractor Registration(CCR)/System for Award Management(SAM).Unless the sponsor is exempted from this requirement under 2 C.F.R.§25.110,the sponsor must maintain the currency of its information in the SAM until the sponsor submits the final financial report required under this award or receive the final payment,whichever is later.This requires that the sponsor review and update the information at least annually after the initial registration,and more frequently if required by changes in your information or another award term. 2. Requirement for Data Universal Numbering System(DUNS)numbers.If the sponsor is authorized to make subawards under this award,the sponsor: a. Must notify potential subrecipients that no entity may receive a subaward from the sponsor unless the entity has provided its DUNS number to the sponsor. b. May not make a subaward to an entity unless the entity has provided its DUNS number to the spnosor. RCO 14-1615D Page 24 of 28 11/03/2015 E - 60 3. Definitions.For purposes of this award term: a. Central Contractor Registration(CCR)/System for Award Management(SAM)means the Federal repository into which an entity must provide information required for the conduct of business as a recipient.Additional information about registration procedures may be found at the System for Award Management(SAM)Internet site http://www.sam.gov. b. Data Universal Numbering System(DUNS)number means the nine-digit number established and assigned by Dun and Bradstreet,Inc.(D&B)to uniquely identify business entities.A DUNS number may be obtained from D&B by telephone (currently 866-705-5711)or the Internet(currently at http://fedgov.dnb.com/webform). c. Entity.as it is used in this award term,means all of the following,as defined at 2 C.F.R Part 25,subpart C: i.A Governmental organization,which is a State,local government,or Indian tribe; ii.Aforeign public entity; iii.A domestic or foreign nonprofit organization; iv.A domestic or foreign for-profit organization;and v.A Federal agency,but only as a subrecipient under an award or subaward to a non-Federal entity. d. Subaward: I.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii.The term does not include your procurement of property and services needed to carry out the project or program(for further explanation,see Sec.--.210 of the attachment to OMS Circular A-133,"Audits of States,Local Governments, and Non-Profit Organizations"). iii.A subaward may be provided through any legal agreement,including an agreement that you consider a contract. e. Subrecipient means an entity that: i.Receives a subaward from you under this award;and ii.Is accountable to you for the use of the Federal funds provided by the subaward. D. CIVIL RIGHTS OBLIGATIONS 1. General.This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on:1)EPA Form 4700-4,"Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance";and 2)Standard Form 4248 or Standard Form 424D,as applicable.These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 2. Statutory Requirements.In carrying out this agreement,the recipient must comply with: a. Title VI of the Civil Rights Act of 1964,which prohibits discrimination based on race,color,and national origin,including limited English proficiency(LEP),by entities receiving Federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973,which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance;and C. The Age Discrimination Act of 1975,which prohibits age discrimination by entities receiving d- Federal financial assistance. If the recipient is conducting an education program under this agreement,it must also comply with Title IX of the Education Amendments of 1972,which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. If this agreement is funded with financial assistance under the Clean Water Act(CWA),the recipient must also comply with Section 13 of the Federal Water Pollution Control Act Amendments of 1972,which prohibits discrimination on the basis of sex in CWA-funded programs or activities. 3. Regulatory Requirements.The recipient agrees to comply with all applicable EPA civil rights regulations,including: a. For Title IX obligations,40 C.F.R.Part 5;and b. For Title VI,Section 504,Age Discrimination Act,and Section 13 obligations,40 C.F.R.Part 7. C. As noted on the EPA Form 4700-4 signed by the recipient's authorized representative,these regulations establish specific requirements including maintaining compliance information,establishing grievance procedures,designating a Civil Rights Coordinator,and providing notices of non-discrimination. RCO 14-1615D Page 25 of 28 11/03/2015 E - 61 4. Title VI-LEP,Public Participation and Affirmative Compliance Obligation. a. As a recipient of EPA financial assistance,you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals.In implementing that requirement,the recipient agrees to use as a guide the Office of Civil Rights(OCR)document entitled"Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons."The guidance can be found at http:Hfrwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=2004 register&docid=fr25jn04-79.pdf b. If the recipient is administering permitting programs under this agreement,the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPAAssistance Recipients Administering Environmental Permitting Programs.The Guidance can be found at http://edocket.access.qpo.gov/20061pdf/06-2691.pdf.In accepting this assistance agreement,the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral.The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. E. Additional Term and Condition for Agricultural Landowners-Riparian Buffer Term for Agricultural Landowners. To be eligible for NEP implementation funding,provided directly or through a subaward,a private agricultural land owner whose property borders fresh or estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the National Marine Fisheries Service(NMFS)guidelines for Riparian Buffers Along Agricultural Water Courses in NW Washington and NRCS guidance on the NMFS guidelines.A land owner may be excluded from meeting this requirement if the funding is used solely for removal of shoreline armoring,onsite sewage system repair or replacement,engineered dike setbacks,or culvert or tide-gate replacements that provide for fish passage at all life stages.In some cases,the NA.1 FS recommendations are framed in terms of ranges of buffer widths rather than point estimates,and expressed as probabilities of achieving desired outcomes. Local conditions and local circumstances matter,and may affect the choice of the riparian buffer most effective at achieving salmon recovery.Buffer widths may be less than specified in the table in cases where there is a scientific basis for doing so and all affected tribes in the watershed agree to deviations from the NMFS guidelines or where there are physical constraints on an individual parcel(e.g.transportation corridors,structures,naturally occurring. SECTION 36. ORDER OF PRECEDENCE This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: A.Federal law and binding executive orders; B.Code of federal regulations; C.Terms and conditions of a grant award to the state from the federal government; D.Federal grant program policies and procedures adopted by a federal agency; E.State law; F.Washington Administrative Code; G.Project Agreement; H.Board policies and procedures. SECTION 37. AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions in and minor scope adjustments need only be signed by RCO's director or designee,unless the consent of the sponsor to an extension or scope adjustment is required by its auditing policies,regulations,or legal requirements, in which case,no extension shall be effective until so consented. SECTION 38. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this Agreement.Furthermore,any alteration,amendment,modification,or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 39. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original Agreement. SECTION 40. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for,and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. RCO 14-1615D Page 26 of 28 11/03/2015 E - 62 SECTION 41. SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect to exercise any,a combination of,or all of the remedies available to it under this Agreement,or under any provision of law,common law,or equity. SECTION 42. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including,but not limited to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board.For federal awards,notification of termination will comply with 2 C.F.R.§200.340. A. For Cause.The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: 1.In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement;or 2.If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director,under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment.If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs.If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation to provide any future funding under this Agreement shall terminate.Termination of the Agreement under this section is not subject to appeal by the sponsor. C. For Convenience.Except as otherwise provided in this Agreement,RCO may,by ten(10)days written notice,beginning on the second day after the mailing,terminate this Agreement,in whole or in part.If this Agreement is so terminated,RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 43. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A.The disputed issues; B.The relative positions of the parties; C.The sponsor's name,address,project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed.If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 44. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs. RCO 14-1615D Page 27 of 28 11/03/2015 E - 63 SECTION 45. GOVERNING LAMENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR In the cases where this Agreement is between the funding board(State)and a federally recognized Indian Tribe,the following governing law/venue applies,but only between those parties: A. Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe.If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction.If the Tribe so notifies the State,the State shall bring such lawsuit in federal court;otherwise the State may sue the Tribe in the Thurston County Superior Court.Interpretation of the Agreement shall be according to applicable State law,except to the extent preempted by federal law.In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from a lawsuit arising out of this agreement,including any third party claims relating to any work performed under this agreement,shall be binding and enforceable on the parties. Any money judgment or award against a tribe,tribal officers and members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project Funding of the Agreement in order to satisfy the judgment. C. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance,or breach of this Agreement.This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties.In any enforcement action,the parties shall bear their own enforcement costs, including attorneys'fees. For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 47. SEVERABILITY The provisions of this Agreement 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 Agreement. RCO 14-1615D Page 28 of 28 11/03/2015 E - 64 Eligible Scope Activities Project Sponsor: City of Port Angeles Project Number: 14-1615 Project Title: Port Angeles Transient Moorage Float Replacement Project Type: Development Program: BIG-Tier2 Approval: 8/4/2015 Project Metrics Sites Improved Project acres developed: 0.00 Project acres renovated: 5.83 Development Metrics Worksite#1, City Pier Boating Infrastructure Gangway installation for boating Number of gangways: 1 new,0 renovated Transient moorage Number of dinghy docks: 16 new,0 renovated Number of mooring buoys: 0 new,0 renovated Number of moorage slips: 16 new,0 renovated Dockside utilities: None Number of fixed piers: 0 new,0 renovated Number of floats available for linear moorage: 5 new,0 renovated Number of day docks: 0 new,5 renovated Cultural Resources Cultural resources Permits Obtain permits Per DNR and Fish&Wildlife, an HPA will be needed to place the floats back in the water. Architectural&Engineering Architectural&Engineering(A&E) ELIGREIM.RPT October 27,2015 Page: 1 11/03/2015 E - 65 Milestone Report By Project Project Number: 14-1615 D Project Name: Port Angeles Transient Moorage Float Replacement Sponsor: Port Angeles City of Project Manager: Laura Moxham x Milestone Target Date Comments/Description Project Start 10/31/2015 i Progress Report Submitted 12/15/2015 Design Initiated 12/31/2015 SEPA/NEPA Completed 12/31/2015 Cultural Resources Complete 01/15/2016 All Bid Docs/Plans to RCO 01/31/2016 60%Plans to RCO 02/01/2016 Bid Awarded/Contractor Hired 02/29/2016 Applied for Permits 03/0112016 Construction Started 0313112016 Annual Project Billing 05/31/2016 RCO Interim Inspection 05/31/2016 50%Construction Complete 05/31/2016 Progress Report Submitted 05/31/2016 Progress Report Submitted 05/31/2017 Annual Project Billing 05/31/2017 90%Construction Complete 06/30/2017 Funding Acknowl Sign Posted 09/30/2017 RCO Final Inspection 09/30/2017 Construction Complete 09/30/2017 Agreement End Date 09/30/2017 Final Billing to RCO 11/15/2017 Final Report in PRISM 11/30/2017 X=Milestone Complete I=Critical Milestone 1MILESTO.RPT October 27,2015 Page: 1 11/03/2015 E - 66 0)R ' 'E'LES W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: Interagency Agreement with Washington Department of Natural Resources (DNR)— SoundCorps Crews Summary: Interagency agreement with DNR allows Urban and Community Forestry Program SoundCorps crews to remove invasive species on several City owned forested properties. Funding: Not applicable Recommendation: Approve and authorize the City Manager to sign an Interagency Agreement with Department of Natural Resources to furnish Soundcorps crews to remove invasive species along the Olympic Discovery Trail. Background/Analysis: DNR Urban and Community Forestry Program supports communities in the restoration and maintenance of urban forestry. The"SoundCorps" program utilizes young adults and veterans as a work force to achieve the urban restoration and maintenance objectives with an additional focus on job creation. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by Washington Dept. of Ecology. It is anticipated the Crew will be in Port Angeles during December 2015. The Interagency Agreement between DNR and the City of Port Angeles allows for SoundCorps crews to accomplish the following Port Angeles projects at no cost to the City: • Remove invasive Ivys, Blackberrys, Scotch Broom and other invasive species and prune native vegetation to enhance pedestrian traffic. Forested areas to be worked include, Peabody Creek, Valley Creek, Tumwater Creek ravine, and various City forested parks, as time permits. • Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location. The City requirements are: N:ACCOUNCIL\FINAL\Urban Forest Interagency Agreement with DNR.doc 11/03/2015 E - 67 November 3,2015 City Council Re: Urban Forest Interagency Agreement with DNR Page 2 • Post news releases in advance of the event. • Acquire any permits necessary for project work. • Assist with any volunteer registration, sign-in and wavers at restoration events. • Dispose of plant material removed during project activities • Develop and implement a three-year maintenance plan for the project site,to include annual monitoring. • Report monitoring results to the DNR Urban and Community Forestry Program annually for three years. Attachment: Interagency Agreement 11/03/2015 E - 68 MINN. r WASH IN TON ro`9;ATE I'IEPA6`kW119:,IVTOF 11matural Resiources 'L^n"L""^fY�"d"dV�ILtlbr��ti�dK. `uinu �iowll of FV)h,l111(11 INTERAGENCY AGREEMENT WITH THE CITY OF PORT ANGELES Agreement No. IAA 16-71 This Agreement is between the City of Port Angeles, referred to as the City, and the Washington State Department of Natural Resources Urban and Community Forestry Program, referred to as DNR. DNR is under authority of RCW Chapter 43.30 of Washington State, Department of Natural Resources. DNR and the City of Port Angeles enter into this agreement under Chapter 39.34, Interlocal Cooperation Act. The purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban forestry maintenance and restoration tasks in the City. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by Washington State Dept. of Ecology. SoundCorps crews work on projects that help restore and protect water quality in Puget Sound. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. DNR shall furnish a SoundCorps crew and the City shall provide all materials and services pertinent to performing work set forth in the Attachment A. 2.01 Period of Performance. The period of performance of this Agreement shall be from October 1, 2015, to June 30, 2019, unless terminated sooner as provided herein. Both parties agree that DNR will provide the City four(4)weeks of crew work between December 1, 2015 and February 29, 2016. 3.01 Payment. DNR provides the services of the SoundCorps crew in exchange for the City's matching commitment to the project as described in Attachment A. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be `works for hire' as defined by the U.S. Copyright Act of 1976 and shall be equally owned by DNR and the City. Data shall include, but not be limited to, reports, documents,pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or I of 6 Agreement No.IAA 16-71 Port Angeles 11/03/2015 E - 69 sound reproductions. Ownership includes the right to use, copyright,patent, register and the ability to transfer these rights. 7.01 Independent Capacity. The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments. This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance. This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules; (2) Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment. The work to be provided under this Agreement and any claim arising from this agreement can not be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party. Neither party shall unreasonably withhold consent. 2 of 6 Agreement No.IAA 16-71 Port Angeles 11/03/2015 E - 70 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability. The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Indemnification. To the fullest extent permitted by law, DNR shall indemnify, defend and hold harmless the City, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. DNR's obligation to indemnify, defend, and hold harmless includes any claim by DNR's agents, employees, representatives, or any subcontractor or its employees. DNR expressly agrees to indemnify, defend, and hold harmless the City for any claim arising out of or incident to DNR's or any subcontractor's performances or failure to perform the Agreement. 17.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management. The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 19.01 Project Coordinators. (1) The Project Coordinator for the City is Craig Fulton, Telephone Number(360) 417-4800. (2) The Project Coordinator for DNR is Micki McNaughton, Telephone Number (360) 902-1637. 3 of 6 Agreement No.IAA 16-71_Port Angeles 11/03/2015 E - 71 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF PORT ANGELES Dated: 120 By: Title: Address: Phone: STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: 120 By: Robert W. Johnson Title: Resource Protection Division Manager Address: 1111 Washington Street SE MS 47037 Olympia, Washington 98504-7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 4 of 6 Agreement No.IAA 16-71_Port Angeles 11/03/2015 E - 72 Attachment A STATEMENT OF WORK DNR will provide the following to the City for projects that receive assistance under the Urban Forest Restoration Project: • Template for media release to assist in building public awareness of crew work. • SoundCorps crew time to perform urban forestry maintenance and restoration tasks as outlined below: • Olympic Discovery Trail. Remove Himalayan blackberry, Scots broom and other invasive non-native plants. • Valley Creek. Remove Himalayan blackberry, Scots broom and other invasive non-native plants in the riparian corridor. • Peabody Creek. Remove Himalayan blackberry, Scots broom and other invasive non-native plants in the riparian corridor. • Shane Park, 1300 block W 8th Street. Prune trees for clearance and structure, remove non-native invasive plant species. • Other sites and/or locations as agreed by the City's Project Coordinator and the DNR Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location. • Report that includes a description of the project and the work accomplished. • Template for three-year maintenance and monitoring plan. • Template for annual monitoring report. Local projects must be on public property, and work performed by the crew may not replace workers already in place or contracted. SoundCorps crews are covered by Washington State Dept. of Ecology (Ecology)insurance through Washington State Dept. of Labor and Industries (L& I)while working on project sites and traveling to and from work locations. SoundCorps crews are responsible for the maintenance and repair of any equipment provided by SoundCorps and/or Ecology. The City is responsible for the maintenance and repair of any equipment provided by the City and used by the SoundCorps crew under the direction of City staff. The City commits to the following in consideration for the services of the DNR-sponsored crew: • Post media releases in advance of and/or during the crew's time with the City. • Acquire any permits necessary for project work. • Dispose of materials removed during project activities (English ivy vines, blackberry canes, trash, etc.). • Provide any and all materials required for project completion (plants, mulch, herbicide, staking materials, etc.). • Provide traffic control, including traffic control plan, barriers, cones, flagging materials, etc. as necessary to ensure the safety of the crew and public. S of 6 Agreement No.IAA 16-71_Port Angeles 11/03/2015 E - 73 • Develop and implement a three-year maintenance and monitoring plan for the project site within 60 days of receiving the DNR Report of the crew's work. • Report monitoring results to the DNR Urban and Community Forestry Program annually for three years beginning the year after the crew's work per the approved three-year maintenance and monitoring plan. 6 of 6 Agreement No.IAA 16-71_Port Angeles 11/03/2015 E - 74 IMORT .; NGELES W A S H I N G T O N, U. S. A. .... CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: CRAIG FULTON,P.E., DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: Approval of Cable Access Service Agreement with Peninsula Area Public Access (PAPA) Summary: On September 1, 2015, City Council designated PAPA as the cable access provider for the City, under the Cable Franchise Agreement. The attached service agreement outlines the roles and responsibilities of the City and PAPA in regards to operating cable access channels. Funding: Not Applicable. The funding discussed in the City/PAPA Service Agreement originates from the cable provider (WAVE) as part of the Cable Franchise Agreement. Recommendation: Approve and authorize the City Manager to sign the City/PAPA Service Agreement to allow PAPA to utilize funding and cable channels authorized as part of the Cable Franchise Agreement. Background/Analysis: The current Cable Franchise Agreement (first with Northland Cable, currently with WAVE) allows for up to 3 cable channels be set aside for Public, Educational, and Governmental (PEG) cable access programming. The City is not currently utilizing these PEG channels. PAPA, a non-profit organization, requested they be provided the opportunity to broadcast PEG programming using the City's Cable channel allocations under the Cable Franchise Agreement. On September 1, 2015, City Council endorsed PAPA as the cable PEG access provider. The attached Service Agreement outlines the roles and responsibilities of both the City and PAPA in regards to utilizing the Cable Franchise Agreement for broadcasting PEG programming, and operating a media center. Funding Overview: There are certain funding allocations outlined in the attached City/PAPA Service Agreement. These funding allocations are direct transfers from the Cable provider to the City, in turn to PAPA, as authorized in the Cable Franchise Agreement for PEG programming. N:vgWyJKILTINALTAPA Cable Access Agreement.doc E - 75 CONTRACT BETWEEN THE CITY OF PORT ANGELES AND PENINSULA AREA PUBLIC ACCESS (PAPA) AGREEMENT This Agreement is made this day of , 20157 by and between the City Of Port Angeles (the "City"), and Peninsula Area Public Access ("PAPA"), a Washington nonprofit corporation, In consideration of the mutual promises and covenants set forth herein and the performances to be rendered, the parties recite, covenant, and agree as follows: SECTION 1. RECITALS 1. The City has granted a franchise to WaveDivision Holdings LLC ("Wave") to operate a cable television system in the City through City ordinance No. 3138, adopted February 18, 2003, hereafter referred to as the "Franchise." 2. The City desires to provide support for the use of public, educational and governmental access cable channels provided pursuant to federal law, and in accordance with the Franchise. 3. The Franchise provides that certain channel capacity (up to 3 channels) and fiber links shall be made available to the City. Such channel capacity provided by the Franchise is hereafter referred to as the "Access Channels." 4. The Franchise provides that certain payments shall be made by the Franchisee for Access Channel capital equipment and facilities. 5. The City has determined it is in the public interest to activate the Franchisee's support of Access Channels. 6. The City has selected PAPA as the nonprofit Designated Access Channel Manager (DACM) to operate and administer the Access Channels, facilities, services and programming. 1 11/03/2015 E - 76 7. PAPA has agreed to serve the City by establishing and managing a Community Media Center and providing Access programming and services. SECTION 2. DESIGNATION OF DACM. The City hereby designates and appoints PAPA to be the nonprofit Designated Access Channel Manager (DACM) to manage, operate, and administer the Access Channels, facilities, services and programming; and to receive from the Franchisee the payments, resources, and services to be provided by the Franchisee to support Access Channel uses. SECTION 3. SCOPE OF SERVICES. In exchange for the resources provided to it, PAPA shall provide the following services: A. OPERATE CABLE ACCESS CHANNEL(S). Operate and manage the cable Access Channel(s) for access programming purposes in a manner that is consistent with the Cable Franchise Agreement, with the primary purpose being to manage, administer, coordinate, and assist those requesting access on a non-discriminatory basis. B. ESTABLISH AND OPERATE A COMMUNITY MEDIA CENTER. Establish, operate, and manage a media production facility and equipment, available for public use at such hours and times as are determined by PAPA. Access to equipment and facilities shall be open to all those who: (1) satisfactorily complete required training classes provided by PAPA; or (2) receive certification from PAPA, identifying said persons as having satisfied training requirements through other means. C. PROVIDE NONDISCRIMINATORY ACCESS. Provide access to the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all residents of the City for non-commercial programming purposes, whether individuals or organizations, pursuant 2 11/03/2015 E - 77 to operating rules promulgated by PAPA. D. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the Access Channel equipment, facilities, and channels. The policies and procedures shall be filed with the City and shall be provided to any resident of the City who requests them. E. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS. Administer the Access Channels and facilities in compliance with all applicable federal, state, and local laws, rules, regulations, and in compliance with the Cable Franchise Agreement. F. TRAINING. Train residents of the City and, when requested, employees of the City and local school or college employees, in the techniques of media production, and provide technical advice in the execution of productions. G. PLAYBACK/CABLECAST. Provide for the playback/cablecasting of programs on the Access Channels. Within twelve months of the completion and opening of the media center for use by the public, PAPA shall cablecast an average of at least four(4) hours per day that is distinct and non-repetitive, five (5) days per week during any ten (10) week period in accordance with the Cable Franchise Section 7.2.1.. PAPA shall not edit, revise, or condense any programming provided to it by an educational or governmental entity; and if PAPA purports to broadcast a meeting of a governmental entity or agency, it shall broadcast the entire meeting without interruption or alteration. H. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement and/or donated, loaned, or leased to PAPA by the City. I. SPECIAL NEEDS GROUPS. Support special needs groups in program production through training and other means. 3 11/03/2015 E - 78 J. PROMOTION. Actively promote the use and benefits of the Access Channels and facilities to cable subscribers, the public, Access Channel users, and the Franchisee. K. OTHER ACTIVITIES. Undertake other Access Channel programming activities and services as deemed appropriate by PAPA and consistent with the obligation to facilitate and promote Access programming and provide non-discriminatory access. SECTION 4. PUBLIC ACCESS CHANNELS OPEN TO PUBLIC: PAPA agrees to keep the Access Channel(s) open to all potential users regardless of their viewpoint, subject the Cable Franchise Agreement, FCC regulations and other relevant laws. Neither the City, the Franchisee, nor PAPA shall have the authority to control the content of programming placed on the Access Channel(s) so long as such programming is lawful. PAPA, the City, or the Franchisee, each in its sole discretion, may produce or sponsor programming; underwrite programming; or engage in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of the channel(s). PAPA may develop and enforce policies and procedures which are designed to promote local use of the channel(s) and make programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of Access Channels, equipment and facilities. SECTION 5. INDEMNIFICATION. PAPA shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorneys' fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly arising or resulting from any alleged acts or omission of PAPA, its officers, employees, agents or subcontractors arising out of or resulting 4 11/03/2015 E - 79 from the performance of this Agreement. PAPA shall indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims or other injury, including costs of litigation and attorney's fees, arising from or in connection with claims or loss or damage to person or property arising out of the failure to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract of other injury or damage in law or at equity which claims, directly or indirectly, result from PAPA use of channels, funds, equipment, facilities or staff granted under this Agreement or franchise agreements between the City and WAVE. The City shall indemnify, defend, and hold harmless PAPA, its officers, agents and employees from and against any and all claims, losses, liabilities, or damage including payment of reasonable attorneys' fees arising out of or resulting from the City's sole negligence in the performance of this Agreement. SECTION 6. COPYRIGHT CLEARANCE. Before cablecasting any program material, PAPA shall require all users (i.e. video content producers) to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit their program material over the Access Channels that are operated and managed by PAPA. PAPA shall maintain copies of all such user agreements for inspection by the City, upon reasonable notice, and for the term of the applicable statute of limitations. SECTION 7. COPYRIGHT AND OWNERSHIP. PAPA shall own the copyright of any programs that it may choose from time to time to produce. Copyright of programming produced by other parties shall be held by the persons who produced said programming. 5 11/03/2015 E - 80 SECTION 8. DISTRIBUTION RIGHTS. A. PAPA shall require that all programs produced with funds, equipment, facilities, or staff made available to it pursuant to this Agreement shall be distributed on the channels whose use is authorized by this Agreement. This subparagraph shall not be interpreted to restrict other distribution (beyond distribution on channels authorized by this Agreement), so long as such other distribution is consistent with any pertinent guidelines established in the Access Channel operating policies and procedures. SECTION 9. EQUIPMENT AND FACILITIES. A. PAPA shall be responsible for maintenance of all equipment and facilities donated, leased or loaned to it pursuant to this Agreement or purchased with funds made available to it pursuant to this Agreement. B. PAPA, as a corporation, and no one else, shall be the owner of all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement. Upon expiration, termination, or non-renewal of this Agreement, all equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the City. PAPA shall convey all such assets to the City in the manner determined by the City, which shall ensure that all such equipment or facilities shall be used for Access Channel purposes. To secure all of its obligations under this Agreement, PAPA hereby grants to the City a security interest in the assets and interests owned or hereafter acquired by PAPA with funds made available to it pursuant to this Agreement, and the proceeds thereof, including but not limited to PAPA deposit accounts, inventory, and all equipment and fixtures acquired with funds made available to it pursuant to this Agreement. PAPA agrees to take all steps reasonably requested by the City to perfect and enforce the security interest of the City, including the 6 11/03/2015 E - 81 execution and processing of financing statements and continuation statements under the Washington Uniform Commercial Code. PAPA will also notify any institution with which it now or hereafter maintains any deposit account of the existence of a security interest by the City in the account in an amount equal to funds acquired under this agreement. The City agrees to subordinate its interest if reasonably necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that PAPA might wish to finance. C. Upon the dissolution of PAPA, it shall, subject to the approval of the City, transfer all assets of PAPA representing equipment and facilities made available to it pursuant to this Agreement, and/or the proceeds of either to the City, or at the option of the City, to such organization or organizations, which shall at the time qualify as a tax exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the corresponding provisions of any superseding law), designated by the City to manage the Access Channels. SECTION 10. INSURANCE. PAPA shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by PAPA. A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; and (2) property damage, $1,000,000 for each occurrence and aggregate. 7 11/03/2015 E - 82 B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user's control, theft, fire, and natural catastrophe. The City shall be shown as lien holders on all policies. C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by Washington law with an insurance carrier in good standing with the State of Washington. D. CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance shall be maintained to cover the content of productions that are cablecast on the Access channels in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual Access Channel producers. E. CITY AS CO-INSURED OR ADDITIONAL INSURED. All City shall be named as co-insured or additional insured on all aforementioned insurance policies. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or PAPA without first giving each of the City thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self-insurance maintained by the City, their officers, agents, employees, or volunteers shall be in excess of PAPA's insurance and shall not contribute to it. F. NOTIFICATION OF COVERAGE. PAPA shall file with the City proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation upon commencement of the employment of the Executive Director; (2) equipment insurance upon the acquisition of 8 11/03/2015 E - 83 any equipment; and (3) cablecaster's errors and omissions insurance within thirty (30) days of the commencement of cablecasting of programming from a Community Media Center. SECTION 11. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE. A. PAPA shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. B. PAPA shall not discriminate in the delivery of services on the basis on race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental disability. SECTION 12. INDEPENDENT CONTRACTOR. It is understood and agreed that PAPA is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and PAPA. If in the performance of this Agreement any third persons are employed by PAPA, such persons shall be entirely and exclusively under the control, direction and supervision of PAPA. As to PAPA's employees, all terms of employment, including hours, wages, employee benefits, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by PAPA and the City shall have no right or authority over such persons or terms of employment. SECTION 13. ASSIGNMENT OR TRANSFER. Neither this Agreement nor any interest herein shall be assigned or transferred by PAPA, except as expressly authorized in writing by the City. SECTION 14. ANNUAL REPORTS. Prior to April 15 of each year, PAPA shall submit to the City an annual report regarding its activities during the preceding fiscal year (January 1 - December 31). This report shall contain, at a minimum, the following information- 9 11/03/2015 E - 84 A. Statistics on programming and services provided; B. Current and complete listing of PAPA's Board of Directors; and C. Year-end financial statements reviewed by an independent certified public accountant. SECTION 15. RECORDS, FISCAL AUDIT. A. PAPA shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. Upon request from the City, PAPA shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement. C. PAPA shall prepare (or have prepared) and submit to the City a fiscal audit by an independent certified public accountant, at the expiry of this Agreement. SECTION 16. FUNDING AND OTHER RESOURCES. The City agrees to make the following funds and resources available to PAPA: A. Funds and Resources from the Franchisee. 1. Pursuant to Section 7.1 and 7.2 of its Franchise, the Franchisee has dedicated certain channel capacity (spectrum on the cable system) for Access Channel use. The City hereby designates PAPA to manage that channel capacity for PEG access programming purposes. 2. Pursuant to Section 7.8 and 7.10.3. of the Franchise, the Franchisee has agreed to provide certain Access Channel Links (video feeds) and Headend links and associated equipment. The City hereby designates PAPA to receive and manage these resources for Access Channel network purposes. 3. Pursuant to Section 7.10.1 and 7.10.2 of the Franchise , the 10 11/03/2015 E - 85 Franchisee has dedicated certain other resources and in-kind support for Access Channel purposes as stated in the Cable Franchise . The City hereby designates PAPA to receive and utilize all such resources and in-kind support for Access Channel purposes. 4. Pursuant to Section 7.11.1 and 7.11.5 of the Franchise, the Franchisee has provided the following grants in support of Access Channel uses upon the following timetable: (a) On the effective date of this agreement, or as early as practical, (i) funds for Access Channel production facilities, and equipment in the amount of $60,000, or (ii) access channel equipment specified in writing by the City up to the aggregate value of$60,000. (b) An annual operation contribution to support the adequate operation of the Access Channel(s) in the amount of $0.05 per subscriber per month. 5. The City shall transfer to PAPA all funds received from the Franchisee for Access Channel purposes. The City shall transfer those funds within 20 days after PAPA submits a letter to the City requesting those funds be transferred to PAPA. Thereafter, the City shall direct the Franchisee to pay all such funds directly to PAPA. PAPA shall utilize such funds for the purposes delineated in this Agreement and the Cable Franchise Agreement. In accordance with Section 7.11.3 of the Cable Franchise Agreement, within 90 days of receipt of funds, PAPA will provide to the City and the Franchisee, a detailed accounting of the capital expenditures with such funds. SECTION 17. ANNUAL PLAN AND BUDGET. 11 11/03/2015 E - 86 A. On or before September 30 of each year in which this Agreement is in effect, PAPA shall provide to the City an "Annual Plan and Budget" outlining activities and programs planned for the following fiscal year. Such plan shall contain- 1. A statement of the anticipated number of hours of Access Channel programming to be cablecast; 2. Training classes to be offered and frequency of classes; 3. Other Access Channel activities planned by PAPA; and 4. A detailed operating and capital equipment and facilities budget. SECTION 18. EXPENDITURE OF FUNDS. PAPA shall spend funds received pursuant to this Agreement and the Cable Franchise for the purposes listed in its Annual Plan and Budget and Section 1 ("Scope of Services") of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by PAPA into succeeding years. Upon termination of this Agreement all funds of any kind received pursuant to this Agreement and not expended by PAPA shall be returned to the City, in proportion to the amounts previously provided by the City. All such returned funds shall be used by the City for Access Channel purposes. PAPA shall provide for such fiscal control and accounting procedures as are necessary to assure proper disbursement and accounting for funds received from the City. SECTION 19. FUNDING FROM OTHER SOURCES. PAPA may, during the course of this Agreement, receive supplemental funds from other sources, including but not limited to fundraising activities. SECTION 20. TERM OF AGREEMENT. This Agreement shall be for the duration of the current Cable Franchise Agreement, which terminates on May 26, 2017, unless terminated earlier, as provided for in this Agreement. This Agreement may be renegotiated, for additional periods upon establishment of, and in accordance with, a new Franchise. 12 11/03/2015 E - 87 SECTION 21. SUBSEQUENT AGREEMENT. The Parties recognize that the City may enter into a subsequent agreement that replaces this Agreement after a new franchise is executed with Wave. If so, in selecting the contractor to manage access channels in the subsequent agreement, the City shall consider PAPA's demonstrated quality in the performance of Agreement. SECTION 22. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS. A. The City shall have the right upon one hundred twenty (120) days written notice to PAPA to terminate this Agreement for- 1. Material breach of any provision of this Agreement by PAPA; 2. Malfeasance, misfeasance, misappropriation of funds; or 3. Loss of 501(c)(3) status by PAPA or revocation or suspension of its Articles of Incorporation by the State of Washington. B. PAPA may avoid termination by curing any such breach to the satisfaction of the City within one hundred twenty (120) days of notification or within a time frame agreed to by the City and PAPA. The City may also terminate this Agreement at the expiration of its term, or any extension thereof. C. Upon termination of this Agreement, PAPA shall immediately transfer to the City all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by PAPA with funds received pursuant to this Agreement. All such transferred items shall be used by the City for Access Channel purposes. SECTION 23. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 24. APPLICABLE LAW. This Agreement shall be interpreted and 13 11/03/2015 E - 88 enforced under the laws of the State of Washington. SECTION 25. NOTICES. Wherever this Agreement requires notice to be given to or a filing to be made with the City, such notice or filing shall be given to the City. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: To the City: City Manager City of Port Angeles 321 E. 5t" St. Port Angeles, WA 98362 To Peninsula Area Public Access: Any party may change its address by written notice to the other parties at any time. SECTION 26. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY PENINSULA AREA PUBLIC ACCESS, a Washington nonprofit corporation 14 11/03/2015 E - 89 City Manager, City of Port Angeles President, Board of Directors Date Date 15 11/03/2015 E - 90 • / NGELES " `— WASHINGTON, U. S. A. „,,,°dII' IF CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: Material Purchase: Electric Meters, Contract MEC15-35 Summary: Bids were received on October 20, 2015 for the purchase of 288 electric meters for the Light Operations Division. Funding: Funding was added for this procurement to the 2015 Electric Fund in the amount of $150,000 through budget amendment 41. The meters will be procured through the Supplies- Inventory account (401-7180-533-3402). Recommendation: Award and authorize the City Manager to sign a contract with Carlson Sales Metering Solutions, LLC of Vancouver, Washington, for the purchase of the 288 electric meters manufactured by Landis & Gyr, at a price of$66,809.09, including sales tax, and to make minor modifications to the contract, if necessary. Background/Analysis: Bids were received on October 20, 2015 for 288 poly-phase electric meters to replace the AMI meters being removed from service with the conclusion of the Automated Metering project. Meters are to be delivered within 120 days of purchase order receipt. Funding Overview: Bids were advertised in the Peninsula Daily News. Three bids were received. Contractor Bid Amount Carlson Sales Metering Solution, Vancouver, WA $ 66,809.09 General Pacific Inc., Fairview, OR $ 68,271.19 Anixter Power Solutions LCC, Portland, OR $ 84,037.92 Government Estimate $ 76,000.00 Carlson Sales Metering Solutions of Vancouver, Washington, is the lowest responsible bidder and has satisfactorily supplied Landis and Gyr meters to the City in the past. N:ACCOUNCIL\FINAL\Electric Meters Purchase,Contract MEC5-35.docx 11/03/2015 E - 91 'ORT . NGELES A, UIu'DJJIII//l9✓N, Ui'",` W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: Wastewater Treatment Plant Boiler Repair, Contract MEC15-34 Summary: The Cleaver-Brooks boiler at the Wastewater Treatment Plant has a number of key components which are past their lifespan and need to be replaced. Bids for this project were opened on October 6, 2015 with one contractor submitting a bid. MacDonald-Miller Facility Solutions of Seattle, Washington was the low responsible bidder. Funding: As of 10/27/2015, the 2015 operational Wastewater Fund budget for repairs and maintenance (403-7480-535-4810)has a balance of$106,899.28 which is adequate for award of the contract. Recommendation: Award and authorize the City Manager to sign a contract with MacDonald-Miller Facility Solutions, of Seattle, Washington for Wastewater Treatment Plant boiler repairs for a price of $27, 070.73, including sales tax, and to make minor modifications to the contract, if necessary. Background/Analysis: The Cleaver-Brooks boiler at the Wastewater Treatment Plant(WWTP) has a number of key components which are past their lifespan and need to be replaced. The Cleaver-Brooks boiler originally installed in 1993 provides heat to the buildings at the Wastewater Treatment Plant and the anaerobic digester. This contract includes replacing the gas valves, boiler refractory, nozzles, and sight glass. Additionally, the gas/oil boiler assembly, and safety controls will be inspected and cleaned. Funding Overview: The bid opening occurred on October 6, 2015 with one contractor submitting a bid, MacDonald-Miller Facility Solutions of Seattle, Washington. The bidder has been determined to be responsible. The following table summarizes the bid: Boiler Repair Contract, MEC15-34 Bid Amount Company Name MacDonald-Miller Facility Solutions, Seattle, WA $27,070.73 Government Estimate $26,100.00 Adequate funds for this project are contained in the 2015 Wastewater budget, account number 403- 7480-535-4810. N:ACCOUNCIL\FINAL\Wastewater Treatment Plant Boiler Repair,Contract MEC15-28.doc 11/03/2015 E - 92 IMORT .; NGELES W A S H I N G T O N, U. S. A. .... CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: CRAIG FULTON,P.E.,DIRECTOR OF PUBLIC WORKS&UTILITIES SUBJECT: WSDOT Maintenance Agreement Summary: The attached cooperative agreement provides an instrument for the City of Port Angeles and the Washington State Department of Transportation (WSDOT) to order,perform, and pay for road maintenance from each other. Funding: The 2015/2016 operational Street Fund budget(102-7230-542-4810)includes $25,000 for maintenance support. Recommendation: Approve and authorize the Public Works and Utilities Director to sign an Agreement with the Washington State Department of Transportation in an amount not to exceed $25,000, and to make minor modifications to the agreement, if necessary. Background/Analysis: In 2005, City Council authorized a 10 year cooperative agreement to provide an instrument for the City of Port Angeles (City) and the Washington State Department of Transportation (WSDOT) to order,perform, and pay for road maintenance services from each other. This arrangement was originally implemented to account for the extension for the City limits along Highway 101 to the Western UGA, which increased the City's responsibility for right-of- way maintenance along the corridor. In 2013, City Council authorized an extension of this agreement through November 22, 2015. The attached cooperative agreement allows WSDOT to charge the City for maintenance services such as snow removal, anti-icing application, shoulder mowing, traffic control, and roadway sweeping. Beginning in 2018, WSDOT—Area 3 Maintenance Organization will no longer be providing snow and ice control maintenance services to the City. Over the next two years, WSDOT has agreed to continue to provide support while the City makes the necessary equipment purchases to take on the additional areas that are part of the City's responsibility. An additional one-year agreement for 2016/2017 is contemplated to be implemented by both parties next year, which will be brought to Council at that time. Funding Overview: 2015/2016 Street budget, account 102-7230-542-4810. N:\gW�jK1L\FINAL\WSD0T Maintenance Agreement.doc E - 93 idw V&shington State TA Department of Transportation Maintenance Agency and Billing Address Agreement Number City of Port Angeles Agreement 321 East Fifth Street PO BOX 1150 Port Angeles,WA 98362 Work by WSDOT for Other State, Federal, Contact Name/Phone# Dan McKeen, City Manager and Local Governmental Agencies Federal Tax ID# 91-6001266 (Total Cost of Agreement Estimated Costs May Not Exceed $50,000 Per Year) $25,000.00 Description of Work Agreement Period: November 20, 2015,through October 31,2016 SR 101 MP 244.34 -247.00 & SR 117 MP 0.00 - 1.40 Winter Snow&Ice Control as needed. Shoulder mowing per WSDOT local Integrated Vegetation Management(IVM)plan, as requested by the City of Port Angeles. Herbicide application per WSDOT local IVM plan,as requested by the City of Port Angeles. Roadway Sweeping -right shoulders only,as requested by the City of Port Angeles. Traffic Control,as requested by the City of Port Angeles. This Agreement is made and entered into by and between the Washington State Department of Transportation, hereinafter the"WSDOT," and the above named governmental agency, hereinafter the "AGENCY," WHEREAS, the AGENCY has requested and the WSDOT has agreed to perform certain work as described above, NOW THEREFORE, pursuant to chapter 39.34 RCW, IT IS HEREBY AGREED AS FOLLOWS: 1. GENERAL 2.2 The AGENCY agrees to pay the WSDOT for the 1.1 The WSDOT agrees to perform the above Fork done within thirty(30)days from receipt of a WSDOT invoice, which shall include described work,using state labor, equipment and documentation supporting the work done. materials, as requested by the AGENCY. 1.2 The AGENCY agrees, in consideration of the faithful performance of the above described 2.3 If the AGENCY is a county or city, the AGENCY agrees that if it does not make work to be done by the WSDOT, to reimburse payment as provided under the terms of this the WSDOT for the actual direct and related Agreement, the AGENCY authorizes the indirect costs of the work. Administrative WSDOT to withhold and use as payment Motor Charges at current rate are considered part of Vehicle Fund monies credited or to be credited indirect costs. to the AGENCY. 2. PAYMENT 2.4 The AGENCY agrees further that if payment is 2.1 The estimated cost of the work is stated above. not made to the WSDOT within thirty (30) days The AGENCY agrees to set aside funds for from receipt of WSDOT's invoice, the WSDOT payment to the WSDOT in this amount. may charge late fees and/or interest in accordance with Washington State Law. DOT Form 224-093 EF Revised 5/09 11/03/2015 E - 94 3. INCREASE IN COST 6. DISPUTES AND VENUE 3.1 The parties agree that the estimated cost of the C.1 In the event that a dispute arises under this work may be exceeded by up to 25%. In the Agreement, it shall be resolved as follows: The event of such increased costs the parties agree to WSDOT's Secretary of Transportation or modify the estimated cost of work by written designee and the AGENCY's head or designee amendment, signed by both parties. WSDOT shall review the applicable facts, contract terms, shall notify the AGENCY of increased costs as statutes and rules affecting the dispute to resolve they become known. the matter. If the parties cannot reach a 4. RIGHT OF ENTRY resolution, the parties agree that any legal action to enforce any right or obligation under this 4.1 The AGENCY grants to the WSDOT a right of Agreement may only be brought in Thurston entry upon all land in which the AGENCY has County Superior Court. The venue specified in interest for the purpose of accomplishing the this section shall not apply to any federal agency work described above. that is a party to this Agreement. 5. TERMINATION CLAUSE (Check the Appropriate Box Below) 7. MODIFICATION ❑ 5.1 This Agreement will automatically terminate 7.1 This Agreement may be amended by the mutual five (5) years after date of execution. This agreement of the parties. Such amendments or Agreement may be terminated by either party modification shall not be binding unless they are upon thirty (30) days advanced written notice to in writing and signed by persons authorized to the other party. In the event of termination, bind each party. payment will be made by the AGENCY for work completed by the WSDOT as of the effective date of termination. ® 5.2 This Agreement will terminate upon completion of the work described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year last written below. REQUESTING AGENCY WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: By: Printed: Printed: Title: Title: Date: Date: DOT Form 224-093 EF Page 2 of 2 Revised 5/09 11/03/2015 E - 95 j RT NGELES " `- W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: TERRY GALLAGHER,CHIEF OF POLICE SUBJECT: APPOINTMENT OF ELIJAH DUMDIE TO THE PUBLIC SAFETY ADVISORY BOARD Summary: The Public Safety Advisory Board (PSAB)is a group of citizen volunteers that provide valuable input to both the police and fire chiefs in respect to law enforcement or fire service actions and programs within the community. Currently the PSAB has a vacant student representative position. Port Angeles High School student Elijah Dumdie has applied to fill that position. The PSAB has endorsed his application for membership and looks forward to Mr. Dumdie assuming a position on the Board. Funding: There are no budget impacts in respect to this action. Recommendation: Appoint Elijah Dumdie to fill the vacant Public Safety Advisory Board position. Background/Analysis: The Public Safety Advisory Board is composed of citizen volunteers representing different areas of the community that provide valuable counsel to both the police and fire chiefs in respect to the operation of the departments. Currently the PSAB position specifically reserved for a Port Angeles High School student is vacant. Mr. Elijah Dumdie has made application to the Board to fill the vacant student position. Because the Board lacks a student representative his application was met with enthusiastic approval. The Public Safety Advisory Board unanimously recommends that the City Council approve Mr. Elijah Dumdie's application to the Board. Funding Overview: n/a 11/03/2015 E - 96 3949 f"r,den Valley Ro,'-,id c'➢sI10 E./!n ;r12ep'gN�,a1l a daai'r 3603 75.5,1112 x 'ladcpc tiv To have tlae opportunity to prep,)re for university, by developing skills to became an overall more knowledgeable p er sic:an 11",41 ucuraWlc ulur Activities Active Member of White C ine Martial Arts `N,,)ekwcindo Stucdla 1'1W President of PortAngeles High School Chapter Historian of Future Business Leaders of Artir,,Hca(FIXA) l"r»run der and President of Future Coders dersa of America (MCA) Active rnernb r of Science Club rrrar'" Elected l;rrripaloyee of tl'ae Morath at Wendy's told Faas;dtioned h°da n"ibrrrgersa Dep Ut'y Black Halt in Taaekwcaradca,Classical Suhaaakrdca, and Haapakido 6 Academic Varsity Letter Scarnp°rtdrrilst Interwrticanaal Ac<marderrilcs Award cccauntirap3 Proficiency Award 0 "teddy Roosevelt Award 0 Academic Excellence Award a trc`rtlAr ,.,, Port Angeles High School Port Angeles, WA 9836 Graacdaraatint,Class,Of 7016 F':A 3.9913 North 01yrnpaic Peninsula Skills Center Port:Angeles,'i A 9836 2014-Prosent GPA 0 d"W—M.P.f r dd( d rll m d`i r: r Lry; Wendy's Old Fashioned hdaarnb urge r,, Pori:Arigele!� WA Duties taerfcarrla'aecd as cr'aash ter re inter Land front-line sandwich maker Involving rrrdc:sr taking,order executing, register operating,ting,arm loaader's;hrhpa coordinating ttdt "� td� rarfatcaM'rahl itrren,k Flort Ang des 1®ligha School PBLA, hurt Angeles WA Organized,operated,arid rnaintaained concessions stands at school athletics garnes IVlatdaei tics,aand CI gtTji ttj ?.µ .tl1 rJaanir�rr r l7rtce t Tutoring three Port Angeles Highs School students rep ukirly in cherrilstry, pre-calculus,and;alpdc laraa it Idr l"rpr oc s f v"e Wallace Lisa Hitt Carrot laac:ks on Mike Nolan PC Maat':h Professor Broadcast Media Professor UW Math Professor Counselor selor 360.477.3149 :3t°rt3»`(55 5 3W3 3W rCt5152 5 360.565,1560 11/03/2015 E - 97 'Y El�rmao Resources Office HE IT -121 I° ti, `street OF ANGE I ,S l l; U , "�° ' (360) 417 4£45 City wel-sit w!vYw..oilya 4 tf'. FmaiV:._ii�.x.��u�an s()tur�� . 'lease type ror print all of(lie iu�ul'br ination we ask,on this form.An incompNlefe application may a'lisquuality y(m from four then t onsit't�cprat�'don, Vuru�r must suulmirit a separate application rm.each position. Read the J ob Opening description to see if a supplemental(puuestionnair e k retpuuirm.'Do N'OT surlooruit a poluuoo)tvami of yuourrself.(This ulu)u°uauorerut gill tNuot save unless you save it to ytouur Own coil]purte�r.;t _. _.. ... .................._..._. Job Title Applying For:'YV(b ova &AVZO i4p Date: . ....... . t - ......... ......... ....'.� . Address: .............................................................___....... ........, _ .......... ._..._ .. .._ ._....... _ .......�......... ...�. ._........_... _ ..... .............. _.. ......... ......... ......m.. ......... ... Iiconie 1'hcanc, Em assgeft. ell Phone:1Ia. ....�_...._ _ .... ��,.� D o ycotr have at valid driver's license. 101'es l::I No License No. and State .......... �.. ® .® Do yc'>ti have ar C, l:L, if required? ..........._. ..__............... _........... - :l "Yes 0 co Exp. date.... "_.. ...... ......... Are you legally eligible lcor enolalcoyrnent in the U. .A.: rkles 1.1i No The(Ity of P ort An eles is mindful of its obligation to etnlalt:iy qualified persons and its entilleniont Under levy to consider an applicant's conviction record as it relates to job per{i)rnaance, A ccmnvicticon record will scot disclnaali fy YOU for etrtlolawyrnent unless atieh record would reasconal:ily afleet your fitness l'cor- lht jtoh which ycoat hiM" applied. Have you been convicted of a felony or released ftwarm prison within the land tent (10)years,or have Ireeilt convicted of ar rrrirrtlt.mearrrarr'other than minor traffic offenses within the past three( )years? '11 Yes I P No If yes, please explain the nature cof tloe sof ise, cfa w and location: ..... .,............. .............. „, „,„ ��., w� �.� . .,,, t�lttit" "l'lttl� � .fit LOCATION_. ' �—C:FIQt.� .— ..._ �1tt�.� .. .....��p�Lt�t9VIA/l:�fL l" I li ,l'a ;c 1ptyrrl: t'colle e/Univ: ......_......... ................___........................ .........._.__...._.. ._ ...m_.m_................................._...__.. .. .... 'col lec:11„ttiiv: lj',lrked,y ou rr tk))lies m°r�r�ttdred eo,sh orra/or�cx��/'Cr�`'r�c�'lr�eaficrr�or degree(s), .... t ............................................................ ..... ...... ....... __...._ �.._._._... ___....... --- _..... ..........................._ ...—.... Please describe any additional aacaademic archieven ents, correspondence courses,technical apprenticeships whips and work training prop"anos not shown above Vial:you consider relevant. ... .m....... ...... ....... __................................................... ............_............. ................_.......... —........ __ ....................................................... .................__..... Crrmplerte ddw°section oul p ffyou are app4phygfim a Civil Seer viete position its the Polie a Department ent rye^Fire Department: If you have been honorably discharged from the military within Ilac, last 15 yearn cici you wish to claitri Vetcran's Sccoririf Status? B Yes E 'lVco You must r'alloeh ra e!jgy g(jyratar DD-2.14 to he a ilrlep to elrraaar f`ete�rran' ,Sr rrretr Stains. 11/03/2015 E - 98 .1 SI(OrNATURE IS REQUIRED To the best of my knowledge, the infionnation herein is true and coniplete. I have read the job announcernent and I Call peribrin the essential ftinctions of the position l'or which I am applying, with or witho tit reasonable accommo(hition. I understand that if I receive as Conditional Off ofFrnl,)lOYD1C111 for as position where I will have unsupervised access to children, developmentally disabled persons, or vulnerable adults, the City of Port Angelos is required to coniplete:a thorough baekgr(,)Und check as allowed by the ("hild/Adult Abuse infionnation Act. I understand that I will be tested liar tho presence of drugs as as part of the pre-employnient screening if receive as Conditional Oft r•of Employment for a position which requires as Commercial Driver's License or -a publie sal"ety position. I authorize investigation of all statements in this application. I understand that providing ralse: inforniation on this application is grounds disqualification and/or dismissal. If I am apPlying bear an exeml)t position, I understand that no(hing in this, application or nay conim to ii cations with any (Ity official is intended to create an employment contract between the City and me. ......... ..... ............ ..........................................—1....... ..... .. ........... ............— ................................................................... .......... ............. ............................. Having a relative employed by the City of Port Angeles will not 1jecessilrily 1):11-you fl-om ejuployment, Do you have any relatives employed by the City of Port Angeles? I 1 Ye� G I No 11"yes, please list their name and relationslilip: ............................................................__....... ........................................................ .......................................................................... ........................................................ ......... . .................................................................................... .......................................................................... ...................................................................................................------- ................ Please tell us how you learned of this opeoing by ash-cling the source: ['011ilISUla Daily News Professional Pubficaitkm or website: City Website Jobs Available AWC Job Not Filend/Relative City F1.111ployee Otlier ......................... ............................. I'�Ill""I'll'—""",�,111,11,11=77===�-.,.:=��I................................. ...................................................................... ]'he City of Port Angeles is an Equal Opportunity Employer and (Joe s not unlawfully discriminate on the basis of i-ace, sex, age, color, sexual oflentation, religion, national origin, xmkrital status, genetic information, s veteran's status, disability, or any other basis probibited by fe(leral, state, oi- local hm Please contact Ifiman Resom-ces if you need accommodation for any part of the application process. City Offlor( Angeles "'r"t t l r+ r Pe r O 1 a ,jJES W�,,, (Im employees(rf tfle City ofllod Anj,;Cles,sfiar(-.aa cledicaflon and commiim(mt to provkling QUALITY CUSTOME'R SEAVI(T %vitli HONESTY, INIT'GRITY -ond FLEXIBILITY. Working as as tearn, �ave take 111ZIM" in providing FITI"'(TIVE.services for w1fleb \ve are RFSPONSIBLE ,nnd HSCALLY ACCOUNTABUX, Wc, valtica INYTIATIVEand (',OMPASSION widi as Idgli standard of I PROFF,"SSIONALASM and 0 )EN COMMUNICATION, We respeel D1VFRS1'j'Yand Foster tr SAI E� OLIALITY 011' 1,1 Ftl ........... 11/03/2015 E - 99 NGELES Mm"AWWORT 4 W AS H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: BYRON W.OLSON,CHIEF FINANCIAL OFFICER SHERRY WRIGHT,BUDGET OFFICER SUBJECT: Ordinance Levying 2015 Property Tax for Collection in 2016 Resolution on Finding of Substantial Need Resolution Authorizing Property Tax Increase of 1% in Accordance with State Law Summary: The City of Port Angeles is required by law to levy property taxes before November 30. There will be a presentation on property taxes, and an opportunity for the public to comment during the public hearing. This is the first reading of the property tax ordinance. This is also the first and only reading of the resolutions outlining that substantial need exists to increase the property tax levy by I%. Funding: There are no funding requirements for levying property taxes. Recommendation: It is recommended the Council: 1) Open the Public Hearing and conduct 1st reading of: * Ordinance levying property tax for collection in 2016 * Finding of Substantial Need * Authorizing Property Tax Increase of 1% 2) Continue the Public Hearing on the Property Tax Ordinance to November 17 3) Close the Public Hearing: * Finding of Substantial Need * Authorizing Property Tax Increase of 1% 4) Adopt Resolutions: * Finding of Substantial Need * Authorizing Property Tax Increase of 1% 11/03/2015 F - 1 City Council Memo-Property Taxes November 3,2015 Pa ere 12 Background/Analysis: In accordance with state law, the 2015 Preliminary Budget was filed with the City Clerk on October 23, 2015. In addition, a presentation of estimated 2015 Revenues and Expenses was provided to Council at a workshop on October 27 '. This is the first public hearing related to the overall 2016 budget, which will focus on property taxes, including finding of substantial need, authorizing a 1% increase in the property tax, and levying a property tax to be collected in 2016. State law requires that the City levy property taxes before November 30 each year. The property tax ordinance is scheduled for adoption at the November 17th Council meeting. The two resolutions are scheduled for adoption at tonight's meeting. Tonight's public hearing will include an opportunity for comments on: • Levying the Property Tax for 2016 collection • Finding of Substantial Need • Authorizing an increase of 1% for Property Tax The maximum amount the regular property tax levy can be increased in any year, by a simple majority vote of the legislative body, is the lesser of one percent or the implicit price deflator (IPD). For 2016 collection, the IPD is below 1%, which means the Council may increase the property tax levy by 1% only by adopting the resolution stating substantial need exists. The City is also able to collect property tax on the value of new construction added during the past year. The City has not yet received notice from Clallam County on the value of new construction; however, this should be received by early November. The levy amount will increase based on the value of new construction. The value of new construction, along with the assessed valuation for 2016, is not yet available, but should be available by the November 3ra Council meeting. The amounts included in the table on the next page are merely estimates at this point. There is no longer an Excess Levy amount as the Library levy matured in November 2015, a savings of approximately $0.20 per $1,000 of assessed valuation from the prior year property tax levy. 11/03/2015 F - 2 City Council Memo-Property Taxes November 3,2015 Pa erg 13 Below is a brief comparison between 2015 collections and the estimates for 2016: 2015 Collections 2016 Estimate Property Tax Regular Levy $ 4,357,192 $ 4,400,800 Excess Levy for Bonds $ 276,000 $ - Total Levy $ 4,633,192 $ 4,400,800 Levy Rate Regular Levy $ 3.029 $ 2.934 Excess Levy for Bonds $ 0.197 $ - Total Levy Rates $ 3.226 $ 2.934 Assessed Value $ 1,438,413,451 $1,500,000,000 Value of 1% increase $ 42,886 $ 43,572 Value of New Construction $ 4,854,540 $ 5,000,000 Added Tax from New Construction $ 14,339 $ 15,145 Funding Overview: There are no funding requirements for levying property taxes. Total estimated property tax collection for 2016 is $4,400,800,plus an additional amount for new construction. The actual Levy Rate will be determined one the levy amount and assessed valuation amounts are set. Attachments: • Ordinance Levying 2015 Property Tax for Collection in 2016 • Resolution on Finding of Substantial Need • Resolution Authorizing Property Tax Increase of 1% 11/03/2015 F - 3 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles,Washington,levying regular ad valorem property taxes for the fiscal year 2016, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. WHEREAS,the City Council has adopted a Resolution authorizing a 1%,or$43,571.92 increase over the highest lawful levy for 2015; and WHEREAS, the City Council intends to levy taxes in 2016. NOW,THEREFORE,the City Council of the City of Port Angeles do hereby ordain as follows: Section 1. The City Council hereby determines and fixes the amount of ad valorem taxes to be levied for the fiscal year commencing January 1, 2016, as follows: Amount Regular Levy $4,400,800 Plus an amount resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state-assessed property, any annexations that have occurred and refunds made. Section 2. The City Clerk is hereby directed to certify to the Board of Clallam County Commissioners the amount of ad valorem taxes to be levied for the fiscal year commencing January 1, 2016, as set forth in Section 1 of this Ordinance. Section 3. 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 November, 2015. Dan Di Guilio, Mayor -1- 11/03/2015 F - 4 ATTEST: APPROVED AS TO FORM: Jennifer Veneklasen, City Clerk William E. Bloor, City Attorney PUBLISHED: November ,2015 (By Summary) H:Aa ORDINANCES&RESOLUTIONSVORDINANCES.2015\18-Ad Valorem Taxes.wpd(October 21,2009) —2- 11/03/2015 F - rJ RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing an increase in the regular property tax levy due to substantial need. WHEREAS,pursuant to RCW 35A.33.135,the City Manager is required to provide the City Council with current information on estimates of revenues from all sources, together with estimates submitted by the Chief Financial Officer, for consideration of the City's total anticipated financial requirements for the ensuing fiscal year, and the City Council is required to determine and fix by ordinance the amount to be levied by ad valorem taxes; and WHEREAS,the City Council has conducted public hearings on expected resources and expenses for 2016 and on the need for an increase in the regular property tax levy for ad valorem taxes for the fiscal year 2016; and WHEREAS, the City Council, after such hearings and after duly considering relevant evidence and factors, has determined that in order to discharge the expected expenses and obligations of the City, there is substantial need to increase its 2016 tax levy by 1% and to set the levy limit at I% to ensure adequate funding in future years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that: Section 1. After thoroughly reviewing the information relating to revenues and expenses for 2016, and public testimony on the same, the City Council finds that the City has a substantial need to increase its 2016 tax levy by 1% and to set the levy limit at 1% to ensure adequate funding in future years. -1- 11/03/2015 F - 6 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2015. Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: Jennifer Veneklasen, City Clerk William E. Bloor, City Attorney H:Aa ORDINANCES&RESOLUTIONS\RESOLUTIONS.2015\15-Substantial Need.wpd —2- 11/03/2015 F - 7 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, authorizing an increase in the regular property tax levy of 1%,or$43,571.92 over the highest lawful levy for 2016. WHEREAS,pursuant to RCW 35A.33.135,the City Manager is required to provide the City Council with current information on estimates of revenues from all sources, together with estimates submitted by the Chief Financial Officer, for consideration of the City's total anticipated financial requirements for the ensuing fiscal year, and the City Council is required to determine and fix by ordinance the amount to be levied by ad valorem taxes; and WHEREAS,the City Council has conducted public hearings on expected resources and expenses for 2016 and on the need for an increase in the regular property tax levy for ad valorem taxes for the fiscal year 2016; and WHEREAS, the City Council, after such hearings and after duly considering relevant evidence and factors, has determined that in order to discharge the expected expenses and obligations of the City,there is a need for an increase in the regular property tax levy,in addition to any amount resulting from the addition of new construction, improvements to property, annexations, and any increase in the value of state-assessed property and refunds made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles that: Section 1. After thoroughly reviewing the information relating to revenues and expenses,and public testimony on the same,the City Council finds that the City has a substantial need to increase its 2016 tax levy to one hundred one percent of its 2015 levy. -1- 11/03/2015 F - 8 Section 2. In addition to any amount resulting from the addition of new construction, improvements to property, annexations,any increase in the value of the state-assessed property, and refunds made, an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2016 tax year, in the amount of 1 percent, or$43,571.92 over the highest lawful levy for 2015. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of November, 2015. Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: Jennifer Veneklasen, City Clerk William E. 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S. A. � H err A1111M 1111F CITY COUNCIL MEMO DATE: November 3, 2015 To: CITY COUNCIL FROM: ABBI FOUNTAIN,HUMAN RESOURCES MANAGER HEIDI GREENWOOD,SENIOR ASSISTANT CITY ATTORNEY SUBJECT: Approve Collective Bargaining Agreement with Teamsters Local# 589 — Sworn Officers Unit Summary: The Teamsters Local 4589 Sworn Officers Unit Collective Bargaining Agreement expired December 31, 2014. City staff and the Teamsters agree to the following: 1) A one year contract extension: January 1, 2015 —December 31, 2015; 2) A 2 % cost of living adjustment to be effective January 1, 2015; 3) Change in uniform allowance for detectives; 4) A change in the administration of the holiday and vacation banks; 5) Refund of retroactive payment for health insurance; and 6) The other terms of the existing agreement continue. Funding: The 2% cost of living adjustment and the refund of retroactive payment for health insurance will be paid out of the 2015 Police Department budget. Total amount to be refunded is $14,591. Recommendation: Staff recommends the City Council approve the terms of the Teamsters Collective Bargaining Agreement extension and cost of living adjustment as stated in the summary above. Background/Analysis: City staff has been negotiating with the Teamsters union since October 2014. The union leadership accepted the above terms and took the proposal back to the full membership for ratification, where it was approved. The contract is for one year and ends December 31, 2015. The contract includes an across-the-board two-percent retroactive COLA for all personnel. This is consistent with the agreements reached with the City's other bargaining units. 11/03/2015 _ 7 This contract includes a few unique items as well. First, the detective division received a $750 uniform allowance. Due to changes in IRS regulations, the City must now withhold income tax from that amount. The agreement includes a provision that the $750 will be a net amount. This is not a new benefit, but a restoration of a previous benefit. The contract also combines two existing time-off banks into one. Uniform personnel have a 96- hour holiday bank per year and a standard vacation bank. This contract combines those banks into a single time-off bank. This will not grant any additional time off, but it does raise the maximum accrual by 96 hours. Finally, in 2014, the City and the sworn group completed arbitration. In the award, the arbitrator increased the employee's health care contribution from 9 %to 11.5% and made this change retroactive to 2013. The Union disputed the authority of the arbitrator to make the contribution retroactive; however, the employees paid the balance. At the time, Kitsap County had a similar arbitration award that was already in litigation. The City and the Union agreed to toll any litigation regarding the retroactive award pending the outcome of the Kitsap County case. In June, the Washington State Supreme Court decided Kitsap County Deputy Sheriff's Guild v. Kitsap County, 183 Wn. 2d 358. This case was decided by a much divided court; based on the case, both the City and the Union have defensible positions regarding the appropriateness of the retroactive payment. To stave off further litigation regarding an expired contract and to settle the current contract, the City agreed to refund the retroactive payment. The amount is approximately $513 per employee of the sworn collective bargaining agreement. Funding Overview: The 2% Cost of Living Adjustment (COLA)is included in the Police Department's 2015 budget. The refund of retroactive payment for health insurance will also be refunded out of the Police Department's 2015 budget based on the Police Department's anticipated year-end savings. The total cost to refund is $14,591. Attachment: 2015 Teamsters Collective Bargaining Agreement 11/03/2015 1 - 2 AGREEMENT BETWEEN CITY OF PORT ANGELES AND rxb Q 14E F F. tf: TEAMSTERS LOCAL 589 SWORN OFFICERS UNIT January 1,2015 thru December 31,2015 11/03/2015 1 - 3 TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS PAGE NO. Section A - Purpose 1 Section B - Agreement 1 Section C - Recognition 1 Section D - Savings Clause 1 Section E - Non-Discrimination 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management Rights 3 Section B - Union Security 3 Section C - Payroll Deductions 4 Section D - Personnel Policy and Procedures 4 Section E - Record Keeping 5 Section F - Personnel Records 5 Section G - Labor-Management Committee 5 Section H - Police Department Employee Bill of Rights 6 Section I - Citizen Volunteer Programs 6 Section J - Promotions 7 Section k - Union Communications 7 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 8-10 Section B - Shift Rotation 11 Section C - Response Time 11 Section D - Relatives Working in the Police Department 11 Section E - Work Stoppage 12 Section F - Drug Testing Policy 12 ARTICLE IV - COMPENSATION Section A - Wages 14 Section B - Deferred Compensation 15 Section C - Longevity Pay 15 Section D - Overtime Compensation 15 Section E - Stand-by/Call-Back 16 Section F - Compensatory Time 16-17 Section G - Educational Incentive Pay 17 Section H - Tuition Reimbursement 17-18 Section I - Higher Class Pay 19 Section J - Uniform Maintenance Allowance 18-19 Section K - Field Training Officer Pay 19 11/03/2015 1 - 4 ARTICLE V - PAID LEAVE TIME Section A - Vacation 19-20 Section B - Sick Leave/Family Leave 20-21 Section C - Holidays 21-22 ARTICLE VI - HEALTH BENEFITS 22-24 Medical, Dental, and Vision LTD, Life, &RWT Plus Retiree Fee ARTICLE VII - GRIEVANCE PROCEDURE 24-27 ARTICLE VIII - DURATION OF AGREEMENT 27 APPENDIX "A" WAGE TABLE 28 11/03/2015 _ 5 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT ARTICLE I - GENERAL PROVISIONS Section A - Purpose Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of employees covered by this Contract. Section B - Agreement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the parties voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. Section C - Recognition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: • Police Officer • Police Corporal • Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and notice and any changes shall be provided to the Human Resources Manager. Section D - Savings Clause The City and the Union agree that should any portion of this Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 1 11/03/2015 1 - 6 Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or Sexual Orientation and Genetic information or, membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. ARTICLE II-RIGHTS OF PARTIES Section A - Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authority nonnally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as may be limited by an express provision of this Agreement. 2. Set standards of service, establish Department policy/procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances, rules, "Just Cause", and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Detennine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B - Union Security 1. It shall be a condition of employment that all employees covered by this Agreement who 2 11/03/2015 1 - 7 i i are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If objections to joining the Union are based on bona fide religious tenets and the employee objects to joining the Union because of these beliefs, the employee shall pay an arnount of money equivalent to initiation fees and Union dues to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charg e. The parties agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City with thirty(30) days' notification of the employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty(30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C - Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit that amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contributions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty(30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data processing limitations. 3 11/03/2015 I Section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies Manual. Terms and conditions in this Manual subject to collective bargaining will be submitted to the Union for review and negotiations prior to snaking changes. Section E - Record Keeping The City shall maintain records of overtime, time off and the data in the records system will be made available to employees. The City will keep records of requests and disbursements regarding tuition reimbursement. Section F- Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but information in the Department files shall not be used relative to taking personnel actions, unless this information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If this information is the result of disciplinary action or an unsatisfactory perfonnance evaluation, the employee may submit a rebuttal, which shall be made part of the employee's personnel file. The response by the employee shall be within thirty(30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Officers may request removal of disciplinary action documents from their personnel file one year from the date the documentation was placed into the officers personnel file. Upon receipt of a request, the matter will be placed before the Labor Management Committee, described in Article 11, Section G below, for review and recommendation to the Police Chief. The decision to remove will at all times remain with the Police Chief. Section G- Labor-Management Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management 4 11/03/2015 _ 9 committee to meet at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Union and two employees from the bargaining unit, and others that may need to attend not to exceed 4 personnel. Section H - Police Department Employee Bill of Rights Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights. 1. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprized of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee(which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to reasonable intennissions, as they shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condition of continued employment. 7. This Police Department Bill of Rights only applies to disciplinary actions and related investigations, excluding cases of criminal investigations. Section I - Citizen Volunteer Programs Management reserves the right to establish citizen volunteer programs to perfonn non-critical public service functions related to the department's Community Policing goals and objectives. 5 11/03/2015 1 - 10 Programs or functions shall not supplant current full-time department persoiulel. If the Department determines that it may have need of adding pennitted actions to the list below, it will contact the Union and the Union agrees to meet and confer with the Department Head. Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of registered sex offender and criminal alert bulletins; crime prevention programs; assisting with non-specialist tasks for the Records Division; assisting the Operations Division by acting in capacities not requiring sworn officer status during special community events like as parades, athletic events, and fairs, and with "citizen patrols" of areas and events like as the Waterfront Trail, City parks, and downtown area for the purposes of documenting and reporting illegal activity to the Police Department Citizen volunteers may be a deterrent to criminals by the mere fact that they are identifiable by their"uniforms" and the vehicle they drive as an official component of the Police Department, but they shall be trained not to represent themselves as sworn officers and to not act in any capacity that would supplant or require a sworn officer. Citizen volunteers shall not be paid for their duties. Section J. Promotions: 1. The parties agree when there is a promotional vacancy in the classifications represented by the Union, the City will post the recruitment notice for a minimum of 10 working days within the Police Department. 2. Promotional openings for classes represented by the Union shall be filled only from within the Port Angeles Police Department. 3. Classes currently represented by the labor contract are Police Officer, Corporal, and Sergeant which will be the order of promotion. 4. Employees in probationary status shall be ineligible for promotional testing. Section K, Union Communications: 1. A Union official who is an employee in the bargaining unit shall be granted time-off without loss of pay for meetings with the employer concerning matters vital to the employees in the bargaining unit; provided however, these activities shall not interfere with the normal functioning of the Department and prior permission from the employee's supervisor shall be obtained. 2. Union investigative and visitation privileges: The Business Representative of the Union may visit the work location of employees covered by this agreement at any reasonable time; provided however, visitations shall not interfere with the normal functioning of the Department. The Business Representative agrees to notify management of his presence in the work place. 3. Bulletin Boards: The Employer shall provide suitable space for a Union bulletin board on its premises in an area which is frequented by all employees within the bargaining unit. 4. Union Business: Reasonable time off with pay shall be provided to affected employees to attend official Union functions, like Union membership meetings; provided however, attendance 6 11/03/2015 - 11 shall not interfere with the nonnal operations of the Department. ARTICLE III - WORKING CONDITIONS Section A- Hours of Work 1. Work Schedule for Officers Assigned a 4/11 Work Shift:. The language in this section only applies to employees who are working the 4/11 schedule. . If at any time either party determines that the 4/11 shift schedule is no longer going to be utilized then all contract language will revert back to the contract language referencing an 8 hour shift. Both parties enter into agreement regarding the 4/11 shift with the understanding that unforeseen issues relating to the 4/11 shift schedule can be brought forward at anytime for further discussion or clarification. Any changes made to shift schedule contract language will be incorporated into the labor agreement by addendum. Shift Bidding: Start times and teams will be detennined by the Chief of Police or his designee. Employees will bid annually for start tunes in order of rank and then seniority on their assigned teams. Shift start times will then be bid in 6 month increments first by rank then by seniority. Work Week: The regular work week shall consist of five(5) eight (8) hour days with two (2) consecutive days off or, in the alternative, four(4) ten (10) hour days with three (3) consecutive days off, or four(4) eleven (11)hour days with four (4) consecutive days off. Alternative shifts may be adopted and utilized based upon mutual agreement of the City and the Employee. Each work day shall include a 30 minute paid lunch and two (2) fifteen (15) minute rest breaks. The maximum number of hours an employee may work shall be 13 hours in a work day, or 65 hours in a work week, except in emergency conditions as detennined by the Police Chief. Extended Shift Adjustments: Seven (7) days advance notice will be provided to changes to an employee's established schedule, unless an emergent police situation requiring a reallocation of personnel exists or a reassignment of personnel due to illness, injury, suspension, resignation or tennination of commissioned personnel with less than two weeks notice occurs. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled four days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled four days off. The minimum notification period may be waived by the affected employee. This section does not apply to employees that are called in to cover unscheduled overtime (i.e. Sick leave). Mandatory Training Days: Employees working the 4/11 patrol schedule will attend at least six (6) mandatory training days of up to 8 hours per day , or assigned detail work throughout the year, in addition to their regularly scheduled work days. These training days will be assigned based on the agency's needs. Training days will not fall on the employee's calendar weekend (Saturday/Sunday) and will be scheduled on the employees' last regularly scheduled day off. These days will be scheduled no later than 30 days in advance 7 11/03/2015 1 - 12 and shall not be included in the calculations of an employees work week for purposes of overtime. Training days will be scheduled in advance and are considered part of the employee's regularly scheduled work week during the weeks they occur. These training days shall be paid at regular pay scale and shall not be included in calculations for purposes of overtime. Overtime: All work performed by employees in excess of eleven(11) hours in the same work day or in excess of 44 hours in the same work week shall be compensated at the overtime rate. Any time worked on a scheduled day off shall be compensated at the overtime rate excluding the training days as identified above. A twenty four(24) hour day, for application of this provision shall be from 2400 to 2400 hours. Any hours worked prior to the expiration of ten hours between shifts for patrol officers shall be paid at the overtime rate. The employer may cover employees performing law enforcement activities under special overtime provisions as identified in the Port Angeles Police Department Policy& Procedure Manual, Policy 1038, Overtime Payment Requests. When overtime arises for situations that were unplarmed (i.e. Sick Leave) the overtime will first be offered to the employee(s) that are scheduled to be getting off or coming in first to work. If neither employee volunteers to cover the overtime then it will be offered to all employees on their days off in descending seniority. If no employee on their days off volunteer to cover the overtime then the overtime will be assigned to the employee(s) on shift in ascending seniority. Exemption: If an employee is required to report to the employee's scheduled shift within ten (10) hours of working his or her previously scheduled shift, then the employee shall earn pay at the overtime rate until a ten (10) hour or more period of time falls between the employee's scheduled shifts. Employees may flex their shift forward by two hours in lieu of overtime if adequate road coverage pen-nits and at the approval of their supervisor to allow for the ten (10) hours of rest between shifts. The intent of the ten (10) hour rule is to economically support allowing officers at least a ten (10) hour period between working scheduled patrol or detective shifts. It does not invoke paying overtime when personnel attend training or meetings between shifts or under emergency circumstances like as barricaded suspects, riots, major crimes, and disasters. This sub-section does not apply to necessary in-service training including but not limited to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications, practice and training; defensive tactics; blood and airborne pathogens; supervision; emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle stops, etc); instructor certifications and re-certifications; and staff/department meetings. K-9 Officers: An employee assigned as a K-9 handler shall receive sixty(60) minutes of dog maintenance time per shift. This time will either be paid at the officer's overtime rate of pay, or if staffing allows the officer can adjust their start or end time one (1) hour. If the officer chooses to move their start/end time they will still be compensated for eleven(11) hours. Holiday pay: If an employee is scheduled to work on a holiday, the employee shall receive pay 8 11/03/2015 1 - 13 at the rate of time and one-half for all hours worked on the holiday. All hours worked on a holiday in excess of eleven (11) hours shall be paid at the double time rate. When an employee is called back to work on a holiday for which he was not previously scheduled to work, all hours worked shall be paid at the double time rate. 2. Work Week without 4X11 work week assignment The nonnal hours on duty for personnel shall be established by the City so the hours worked in any week shall be composed of five consecutive eight (8) hour days and two (2) consecutive days off duty, or four(4) consecutive ten (10)hour days and three (3) consecutive days off duty. The City may require overlapping shifts if needed. Starting time for all regular shifts shall be as follows: Patrol shifts are: Days: 7:00 AM to 3:00 PM Swing: 3:00 PM to 11:00 PM Graveyard: 11:00 PM to 7:00 AM Detective, shifts are: Days: 7:00 AM to 3:00 PM 8:00 AM to 4:00 PM 9:00 AM to 5:00 PM 10:00 AM to 6:00 PM SRO and DRO schedule are by mutual agreement. 3. Work Day: The normal work day, for Patrol and Detectives shall be as in the table above. (separated at the approximate mid-point by a meal period, if appropriate, as defined herein). The starting and ending tunes of the work day (a shift) shall be detennined by the City. 4. Personal Requests: Personal requests for a change or trade of day, or shift must be approved by administration. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested change or trade of day, or shift for personal reasons nor shall the City be obligated to pay for time not worked in a normal work week as a result of changed or traded of shifts. 5. Rest Periods: The City shall provide two 15-minute rest periods; one in the first half and one in the second half of the shift. Rest periods may not be permitted if Departmental operations would be affected. Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken beyond the current shift. 6. Meal Periods: Meal periods shall be scheduled by the City and will be either 30 minutes of paid time or 60 minutes of non-paid time, as detennined by the City. The Supervisor shall detennine the meal period during the shift. 9 11/03/2015 1 - 14 7. The K-9 Officer's work day shall be an 8-hour shift, including 60 minutes of dog maintenance. 8. Regular Detective: Alternatives to the regular detective days of work and the selection of shifts in the Detective Division shall be the responsibility of the Detective Sergeant, with administrative approval. Alternative shift rotations and work days may be discussed and implemented by mutual agreement of the parties. Any changes will be in writing as an addendum to this Agreement. a. Seven days advance notice will be provided to changes to an employee's established schedule, unless an emergent police situation requiring a reallocation of personnel exists or a reassignment of personnel due to illness, injury, suspension or resignation or termination of commissioned personnel with less than two weeks notice is necessitated. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled two days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled two days off. b. Nonstandard days or extra shifts may be scheduled for the following reasons, when needed, and will be scheduled 24 hours in advance, unless an emergency manpower situation exists: To provide staff for a special services section that may include, but is not limited to, Bicycle Patrol Crime Prevention duties, , DUI emphasis patrols, focused crime prevention patrols, criminal investigations, or community policing functions as adopted by the department. Section B - Shift Rotation (when not on 4X11 schedule) The City may, at its discretion, change an employee's workday or shift. In the event of these changes or rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected. Section C - Response Time Employees covered by this agreement shall reside within a 30-minute response time from the Police Department Headquarters. Driving time shall be calculated using the lawful speed limits. Section D - Relatives Working in the Police Department If employees in the Police Department become related through marriage or cohabitation, which may result in a problematic, questionable, or preferential supervisor/subordinate relationship in the judgment of the Police Chief, the City will snake a reasonable effort to change days of work or shifts of the individuals affected. 10 11/03/2015 - 15 However, the City reserves the exclusive right to terminate, transfer, or re-assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Police Department. Prior to tenninating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E - Work Stoppages, Strikes, or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct contrary to this objective. During the term of this agreement, the Union and the employees covered by this agreement shall not engage in any work stoppage, strike, work slow-down, sick- out, or any other concerted activity which may, in any manner, interfere with public safety, municipal services, or be construed as contrary to the objective above. It is further understood employees who engage in any actions as noted above shall be subject to any disciplinary action as may be determined by the City. Employees shall be held responsible for any financial losses suffered by the City as a result of work actions. Section F- Drug Testing Policy 1. Poiicv: Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescription or over the counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery like automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various job functions from a physician while using these drugs. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in criminal conduct, whether drug-related or not. 11 11/03/2015 1 - 16 When a supervisory employee has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing including breath tests, urinalysis and/or a blood screen for the presence of alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Section. If the results of the drug test are positive, and establish that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. 2. Definitions: For the purpose of administering this Section, the following definition of teens is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drugs or improper alcohol use by that particular employee. Under the Influence - The following cut-off levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: n ml Test Level Il n ml Test Level Marijuana metabolites 100 ng/ml Cocaine Metabolites 300 ng/ml Opiate metabolites 300 ng/ml Phencyclidine 25 ng/ml Amphetamines 1000 ng/ml Barbiturates: Secobarbital 300 ng/ml Phenobarbital 1000—3000 ng/ml Butalbital 1000 ng/ml Benzodiazepines: Oxazepam 300 ng/ml Chlordiazepoxide 3000 ng/ml Diazepam 2000 ng/ml Methadone 300 ng/ml Methaqualone 300 ng/ml Propoxyphene 300 ng/ml Ethanol 0.03 g/dl 12 11/03/2015 1 - 17 Level of the positive results for ethyl alcohol 0.05 gr/dl. Illegal Drugs- are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter Drugs - are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. Prescription Drugs- are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/ physician or dentist. Legal Drugs -The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited by this policy. However, the use any substance which carries a warning label that indicates mental functioning, motor skills, or judgment may be adversely affected must be reported to the employee's supervisor immediately prior to reporting to work. The employee will not be permitted to perform safety-sensitive work, operate equipment or vehicles or carry a firearm while on city business without a written release from his/her doctor that the employee is deemed safe to perform duties. Employees who violate this policy shall be disciplined up to and including tennination. 3. Procedures: • If an employee is required to submit to a drug test, the following procedure shall be followed: • The employee shall be given an opportunity to confer with a union representative if one is readily available and the employee has requested a representative. • The employee shall be given an opportunity to explain to the Medical Review Officer (MRO) the reasons for the employees conditions, reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee. The employee, employer, and a union representative may be present during this discussion. • The employer may request urine and/or blood samples. • Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility. The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. • All specimen containers and vials and bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the employer, employee, and the union representative to the extent they have elected to be present, and proper chain-of-custody procedures shall be followed. 13 11/03/2015 _ 7 • The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and detennine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse (NIDA). • If a specimen tests positive in an immunoassay screen test, the results must be confinned by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GUMS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Confinnatory Tes : Barbiturates 200 ng/ml Benzodiazepines 200 ng/ml Methadone 100 ng/ml Methaqualone 300 ng/ml Ethanol 0.03 g/dl • At the employee's or the union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. • The employee and the union shall be inforned of the results of all tests and provided with all documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer(MRO) in the Association of Washington Cities (AWC) Drug Testing Consortium to review all confirmed positive test results and communicate those results to the employer. The MRO shall have the responsibility to detennine when an individual has failed a drug test in accordance with the standard enumerated herein. ARTICLE IV- COMPENSATION Section A- Wages - Three-Year Agreement Effective 1/1/2015 the wage table will be increased by 2%. Retroactive to 1/1/15 to include staff who have left City employment in 2015. Section B - Deferred Compensation The City will make a 3.1% biweekly contribution to the deferred compensation account of each bargaining unit employee, based upon the employee's base wage 14 11/03/2015 _ 7 g Section C - Longevity Pay The City agrees to pay longevity premiums as follows, computed upon the monthly base wages: • Completion of five (5) years City service, 2%; • Completion of ten (10) years City service, a total of 4%; • Completion of fifteen (15) years City service, a total of 6%; • Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility requirements. For the purpose of detennining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. Section D - Overtime Compensation (applies when NOT on 4X11 schedule) 1. Overtime hours are those compensable hours which the employee is assigned to work in excess of forty(40) hours in the week or eight (8) hours in a day. 2. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay, calculated to the nearest 15 minutes. 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. Overtime shall be offered to regular, full- time Police Officers in descending seniority and assigned by ascending seniority. All regular overtime and paid detail police work shall be offered to Police Officers prior to using Police Reserves. 5. If an employee is required to report to the employee's scheduled shift within twelve (12) hours of working his or her previously scheduled shift, then the employee shall earn pay at the overtime rate until a twelve (12) hour or more period of time falls between the employee's scheduled shifts. An officer's starting time or end time may be changed to allow for the required rest period so no overtime is incurred. The intent of the twelve (12) hour rule is to economically support allowing officers at least a twelve(12) hour period between working scheduled patrol or detective shifts. It does not invoke paying overtime when personnel attend training or meetings between shifts or under emergency circumstances like barricaded suspects, riots, major crimes, and disasters. This sub-section does not apply to necessary in-service training including but not limited to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications, practice and training; defensive tactics; blood and airborne pathogens; supervision; emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle 15 11/03/2015 1 - 20 stops, etc); instructor certifications and re-certifications; and staff/department meetings. 6. The maximum number of hours an employee may work shall be 12 hours in a work day, or 65 hours in a work week, except in emergency conditions as detennined by the Police Chief. Section E - Stand-By/Call-Back 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her nonnal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to carry a cell phone. 2. Stand-by Compensation: An employee on stand-by assignment shall receive $22/day_for. A day is a 24-hour period and a week is a week of 168 consecutive hours. 3. Call Back Compensation: An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of three (3)hours at the overtime rate of pay. Hours worked beyond the three (3) hour minimum shall continue to be paid at the overtime rate until relieved of duty. Court time, on other than the employee's regular work schedule, shall be compensated as call-back. When an employee is mandated to return to work (from the bottom up on the seniority list) it shall be at double the straight time of pay. No employee will be mandated more than once each pay period except under exigent circumstances. (Effective date contract is signed no retroactivity.) Section - Compensatory Time 1. No employee will be allowed to accumulate more than 120 hours of comp time. 2. An employee on compensatory time off shall be deemed to be on official leave with pay status. 3. Any compensatory time credits which have been actually taken by an employee shall be included in computing the hours of his/her work week. 4. An employee who notifies the Police Chief or his designee promptly and substantiates to the satisfaction of the Police Chief or his designee that he/she was sick on a scheduled day of compensatory, vacation, or holiday-time off may request that a day of sick leave be taken rather than previously scheduled compensatory time. Use of compensatory time shall be by mutual agreement with the employee and his/her supervisor or the Department Head. The Department Head or employee's supervisor shall make all reasonable efforts to accommodate a request for compensatory time off when made at least seven (7) days but not more than thirty(30) days in advance. This section shall also apply to floating holidays. 5. An employee may choose to add comp time to his bank as long as his bank does not exceed the 120 hour maximum. i i I 16 11/03/2015 1 - 21 i i Section G- Educational Incentive Pay The City, to encourage and improve the proficiency of its employees, offers employees covered by this Agreement the following Educational Incentive Pay program. Fifty-six dollars ($56 for Officers, $60 for Corporals, $65.00 for Sergeants) per pay period for attainment of a two-year degree in a law enforcement related subject until the time 2% shall be equal to or greater than the above dollar amount, at that time the classification shall receive 2% in addition to the base rate of pay. Eighty-five dollars ($85 for Officers, for Corporals $93.00, for Sergeants $100) per pay period for attainment of a four-year with a BA degree in a law enforcement related subject until the time 4% shall be equal to or greater than the above dollar amount, at that time the classification shall receive 4% in addition to the base rate of pay, effective the date of execution. All law enforcement subjects shall be as approved by the Washington State Training Commission and meet the necessary requirements of an accredited college or university. All new employees having college credits in other than Peninsula College shall have credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two or four-year degree prograrn in law enforcement at another accredited college. Probationary employees shall not be eligible for educational pay. This does not apply to promotional probations. Section H- Tuition Reimbursement The City's tuition reimbursement program covers payment for college course work to encourage employees to pursue job-related education/training. Under the tuition reimbursement program, the City pays for 75% of tuition and required books, not to exceed $750 annually, subject to budgetary restrictions and in accordance with the following requirements: a) Requests for tuition reimbursement must be made in writing, in advance, on the form provided by the Human Resources Office. b) All course work must be job-related and requires advance approval by the Department Head and City Manager, processed through the Human Resources Office. C) Prior to payment of approved tuition reimbursement, the employee must provide proof of a grade C or better, together with a copy of receipts for the course and required books. d) The City may retain certain course materials (i.e., books, reference materials) if the Department Head determines materials are of value to the City. Courses offered during regular work hours may be approved, per the above policy, if time off can be arranged without affecting the public services or disrupting departmental operations. 17 11/03/2015 1 - 22 Time off should be charged to accrued vacation, comp time, or leave without pay. The following are examples of courses that may be approved as job-related. Final determination for acceptability of tuition reimbursement is the decision of the Police Chief and City Manager. • Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice Administration, Crime Scene Investigation, Criminal Law) • Psychology • Speech • Computer courses related to specific software/hardware used by the department • Typing, English • Report writing and written communications courses • Supervision/management courses • Public Administration or related professional degree Section I - Hipher Class Pay When an employee is assigned to work in a higher classification for two (2) or more consecutive hours, the employee shall be paid higher class pay at the begimiing salary for the higher class for the duration of the assignment, calculated to the nearest 15 minutes. Section J- Uniform Maintenance Allowance 1. Uniforins will be purchased and provided to offers through the Department's quartermaster system. Officers requiring uniforms or equipment shall make a written request to the Department administration for uniforms or equipment. Purchases made under the quartermaster system require the approval of the Chief of Police or his designee. Police Officers, Corporals and Sergeants assigned to the Detective Division shall receive $750 annually(after taxes). Officers assigned to the Detective Division on or after January 31St shall be paid a pro-rated uniform allowance based on the remaining weeks of the year. 2. The required uniforin is described in the Department Policy/Procedures Manual Jump suits are permissible. 3. Only those items listed in the Police Department Policy and Procedures Manual may be purchased with uniform maintenance allowance funds. The Department retains the right to determine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment articles from supplies on hand rather than authorizing the employee to purchase new uniforin articles. 5. The employee agrees to maintain and repair his/her uniform and have all items available for inspection upon reasonable notice. 18 11/03/2015 1 - 23 6. All articles purchased by the City will be the property of the City and will be returned prior to leaving City service (i.e., retirement, termination, etc.) 7. The City agrees to provide each officer with a bullet-proof vest, approved by the Police Department. Replacement of the vests and selection of the vests shall be detennined by the Police Department. Section K- Field Training Officer Pay The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an additional $1.50 per hour. ARTICLE V- PAID LEAVE TIME Section A—Vacation Bidding Seniority order within the shift you are working, shall prevail for all employee vacation selections made during the "vacation selection period" October for vacation in the following year. A maximum of 3 consecutive work weeks may be bit during any bid cycle. Failing to make a bid with in a 72 hour period, and notified the next most senior person, will allow the next person the right to make their selection. In the case where a selection is advanced to the next without a bid the employee who's bid is received fist will prevail. Vacation time not selected during the vacation selection period is subject to forfeiture as provided below. All time applied for after the vacation selection period will be on a space available basis. Vacation time off is to be worked out between the Supervisor and the employee. Vacation may be taken at any time during the year with the welfare of the job being the determining factor. Employees may split their vacation into as many parts as is mutually agreed upon between the employee and the supervisor. i 19 11/03/2015 1 - 24 Section B—Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: Annual Hrs. Holiday Bank Max.Accrual Accrual Hours 1 - 5 continuous years of City service 80 96 384 6 - 10 continuous years of City service 120 96 464 11 - 15 continuous years of City service 160 96 544 16 - 20 continuous years of City service 200 96 624 21 & over continuous years of City service 240 96 704 1. Vacation may be taken only upon completion of one full year's service. Thereafter, vacation credit earned may be taken upon proper authorization, per Department procedures. Application for leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. The maximum accrual of vacation leave will be assessed as of the final day of the final pay period of December. Employees shall be paid for unused vacation leave at their final base hourly rate(i.e., straight time) upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section C - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. 20 11/03/2015 1 - 25 In the event of a serious illness to an employee who has exhausted his/leer sick leave accrual, the City Manager, at his/her discretion, may advance sick leave credits upon expiration of accrued sick leave credits. 2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3.69 hours per pay period for all employees covered by this Agreement, not to exceed a maximum of 96 hours per year. The maximum accrual of sick leave is unlimited, but sick leave payoff shall have a maximum of 1,200 hours. 3. Notification Requirements. An employee requesting sick leave usage must provide the proper notice as established in the Police Department Policy and Procedures Manual. When sick leave extends to three or more consecutive days, the employee may be required to provide proof of illness from a medical doctor if the request is made before the employee returns to work. Misuse of sick leave shall be considered cause for disciplinary action. 4. Use of Sick Leave. Sick leave may be used for the following: a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illness/injury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Sick leave is limited to three days per incident, unless specifically approved by the Police Chief. "Immediate Family" for sick leave and bereavement leave benefits shall include only persons related by blood or marriage or legal adoption, which includes parent, wife, husband, brother, sister, child, grandparents or grandchild, and any relative living in the employee's household. Employees on approved sick leave will continue to accrue sick leave. C. Bereavement Leave: Sick leave may be used for purposes of attending a funeral of a family member. Funeral leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. Payment of Unused Sick Leave: The City shall pay 25% of accumulated sick leave upon retirement (normal or disability) or death of the employee after completion of ten (10) or more consecutive years of service. The maximum accrual for purposes of sick leave payoff is 1,200 hours. Payment of sick leave shall be calculated at the employee's base rate of pay. Family Leave: Leave as defined by the City's Personnel Policy and Procedures Manual, Chapter 7.05, Family Leave 21 11/03/2015 1 - 26 Section D - Holidays The following are the holidays provided for under this Agreement: All holidays listed are the day they appear in that year's calendar New Year's Day Martin Luther King Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas One Floating Holiday 1. Employees covered by this Agreement shall in January of each calendar year, receive 96 hours of holiday time(11 named holidays plus one floating holiday+ 96 hours) The holiday bank will be added to the vacation bank. (See Section B) 2. If an employee is scheduled to work on a holiday, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 3. All hours worked on a holiday in excess of eight hours shall be paid at the double time rate. 4. When an employee is called back to work on a holiday for which he was not previously scheduled to work, all hours worked shall be paid at the double time rate. 5 When the major portion of any shift is on a contractual holiday, the entire shift shall be paid according to this section. 6. If an employee leaves City service, his/her vacation bank will be reconciled based upon the number of holidays which have occurred during that calendar year, prior to leaving City service, excluding the floating holiday. Employees hired during the calendar year shall have the holiday hours credited based upon the number of designated holidays (including the floater) remaining in the calendar year and shall be allowed to use this holiday/vacation time prior to the completion of one year. 7. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. 22 11/03/2015 1 - 27 ARTICLE VI - HEALTH BENEFITS 1. Medical Benefits: Effective January 1, 2013, based on December 2012 hours and February coverage, and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Welfare Trust for Medical Plan A on behalf of each employee who is compensated for eighty(80) hours or more in the preceding month. This Plan A premium shall include the additional monthly premiuin to maintain the 12 month Premium Waiver Period. Effective January 2013, employee will contribute 11.5% of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits and for the life of the agreement. Effective January 2013, the employer will contribute 88.5% of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits, and for the life of the agreement. 2. Dental Coverage Effective January 1, 2013, based on December 2012 hours and February 2013 coverage, and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Dental Trust for Dental Plan A, on behalf of each employee who is compensated for eighty(80) hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Dental Coverage. 3. Vision Coverage Effective January 1, 2013, based on December 2012 hours and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Vision Care Trust for Vision Plan EXT, on behalf of each employee who is compensated for eighty(80) hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Vision Coverage. 4. Long Term Disability coverage is provided for and paid by the City for LEOFF II Police Officers. The LTD benefits provide for a 90-day waiting period, with benefits equal to approximately 60% of salary, subject to the specific terms and limitations of the policy. Provided by the City through the AWC. 5. Life Insurance: The City will provide term life insurance equal to one times the employee's annual salary, rounded to the nearest thousand, with a maximum of$50,000. The City will also provide AD&D coverage. The life insurance and accidental death and dismemberment coverage are subject to the teens of the policy purchased from the Association of Washington Cities. 23 11/03/2015 1 - 28 6. RWT-Plus: Teamsters Retiree Medical Effective January 1, 2008, based on December 2007 hours, the employer shall pay into the Retiree's Welfare Trust the amount of$94.85 per month on behalf of each employee performing work of the bargaining unit, in a represented classification, who is compensated for eighty(80)hours or more in the preceding month, to provide the RWT- Plus Retiree Medical Plan. In the application of the terms of this article of the labor agreement by and between Teamsters Local Union NO. 589 and the City, it is understood that the contributions to the Retirees Welfare Trust , (RWT-Plus) Plan, shall be as follows: Effective Date (based on preceding month) Contribution Rate (monthly): 111115 $94.85 The RWT-Plus Retiree Medical Plan, shall, for the life of the agreement, be funded solely through authorized payroll diversion. In like manner, it shall remain the responsibility of the participating employees to fund thru payroll diversion any premium increases necessary to maintain this Retiree's Welfare Trust RWT-Plus Retiree medical plan. In the event that employees elect not to have the wages withheld thru a payroll diversion necessary to cover participation in the RWT Plus Retiree Medical Plan, the employee must notify the employer in writing of that decision. ARTICLE VII - GRIEVANCE PROCEDURE Section A - Obiectives To informally settle disagreements at the employee/supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct, if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, their supervisors, and Departmental administrators; to assure fair and equitable treatment of employees; to resolve grievances at the Departmental level before appeal to higher levels. Section B - Definitions The following terms, as used in this Article, shall have the following meaning: Grievance: A complaint by an employee or a Union representative concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a policy or an alleged violation of any term or condition of this Agreement. Working Day: Exclusive of Saturday, Sunday, and legal holidays. 24 11/03/2015 1 - 29 Employee: Any employee of the classified service of the City of Port Angeles Police Department covered by this Agreement. bnmediate Supervisor: The person who assigns, reviews, or directs the work of an employee. Division Manager: The person to whom an immediate supervisor reports. Representative: A person who appears on behalf of the employee. Department Head: The Police Chief of the City of Port Angeles. Section C - Exclusions 1. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement. 2. Appeals involving examination procedures. (These matters are within the Civil Service Commission's authority.) 3. Work perfortnance evaluations. 4. Impasse in collective bargaining. 5. Grievances filed after twenty(20) working days from date of occurrence, or after twenty (20) working days from the date the employee had knowledge of an occurrence. Section D - Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievants responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Section E - The Parties' Rights and Restrictions 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City. i I 5. Grievances of an identical nature, involving an alleged violation of the same article, section, etc., concerning the same subject matter, may be consolidated. 25 11/03/2015 1 - 30 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as a representative, may file a grievance alleging that the City has violated specific rights afforded the employees covered by the Agreement. The grievance shall be filed directly at Step 2 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F- Informal Grievance Disposition Within twenty(20) working days from the occurrence of the incident on which a complaint is based, or within twenty(20) working days from the employee's knowledge of the occurrence, the employee will promptly meet to verbally discuss the complaint with his immediate supervisor. In those circumstances where the nature of the complaint involves the irnrnediate supervisor, the employee may verbally discuss the complaint with the next higher level of supervision, provided notification is given the immediate supervisor by the employee. The initial discussion shall precede the use of the formal grievance procedure. If the supervisor fails to reply to the employee within twenty (20) working days of the meeting, or if the employee is not satisfied with the decision, the employee may utilize the formal grievance procedure. Section G- Formal Grievance Procedure Step l: Supervisor The formal grievance procedure shall be initiated by the employee, stating the nature of the grievance, the alleged violation by section or number, and the desired solution, in writing on the City grievance form, together with any supporting documents attached to the grievance form. The grievance fonn and any supporting documents shall be delivered to the supervisors with whom the informal meeting was held, no later than twenty (20) working days from the date of the close of the informal meeting. The supervisor shall hold a formal meeting with the employee to review the facts, gather all supporting documents, discuss the complaint and desired solution, and discuss the proper appeal procedure. The supervisor will issue a written decision on the original grievance fonn within twenty(20) working days of the close of the formal meeting. Step 2: Department Head If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to the Department Head. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The Department Head shall hold a formal meeting with the employee and his representative, if requested, within twenty(20) working days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within twenty(20) working days from the close of the formal meeting. Step 3: City Manager If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within twneyt (20) working days from receipt of the Department Head's decision. In his appeal to the City Manager, all supporting documents must be attached 26 11/03/2015 1 - 31 to the grievance form, together with the grievants reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within twenty (20) working days of receipt of the grievance. Step 4 - Binding Arbitration If the grievant is not satisfied with the decision of the City Manager, within twenty(20) working days after receipt of the decision, the Union may submit the grievance to binding arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation & Conciliation Service and request a list of seven names. The selection of the arbitrator shall be by each side striking a name from the list, with the first party to strike a name detennined by a coin toss, until only one name remains. In the event the initial list is not satisfactory to either party, a second list of names may be requested The cost of the arbitrator shall be divided equally between the City and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. The Arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. 27 11/03/2015 1 - 32 ARTICLE VIII- DURATION OF AGREEMENT This Agreement shall be effective January 1, 2015, and shall remain in force through December 31, 2015, and shall remain in effect during the course of negotiations of a new Contract. IN WITNESS WHEREOF, we hereunto attach our signatures this day November 2015. CITY OF PORT ANGELES TEAMSTERS LOCAL #589 Dan DiGuilio, Mayor Mark Fuller, Secretary/Treasurer Dan McKeen, City Manager Abbi Fountain, Human Resource Manager 28 11/03/2015 1 - 33 City of ' Officers Salary&Classification Schedule effective January 1,2015--2.0%COLA Salary Range Step Hourly Rate Bi-weekly • Annual based on Salary . - Salary 2,080 work Amount hours 1 $29.512 $2,360.98 $61,386 2 $30.840 $2,467.19 $64,147 Police Officer 3 $32.239 $2,579.14 $67,058 4 $33.692 $2,695.35 ' 1 $70,079 5 $35.144 $2,811.55 $73,100 1 $39.186 $3,134.89 $81,507 Police Sergeant 2 $40.514 $3,241.13 $84,269 4 $36.178 $2,894.24 $75,250 Police Corporal 5 1 $37.631 1 $3,010.44 $78,272 NOTE.The annual salary is adjusted in SunGard by the COLA amount(2%). 11/03/2015 1 - 34 ORT NGELES F Ullw `- WASH I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: November 3, 2015 To: City Council FROM: DAN MCKEEN,CITY MANAGER WILLIAM BLOOR,CITY ATTORNEY SUBJECT: Interlocal Agreement with Clallam County for Criminal Justice Summary: The City and County have negotiated an Interlocal Agreement by which the County will take over all operating responsibilities for adjudication, prosecution, public defense and incarceration of defendants charged with misdemeanors in the City of Port Angeles. These functions all will be consolidated in the office of the County's Prosecuting Attorney. The flat fee cost to the City for 2016 is $800,000. Funding: Funding for the new Interlocal Agreement with Clallam County will come from the General Fund allocation that in prior years went to several separate contracts needed for the City to operate its own prosecution office. This Agreement will result in a significant savings to the General Fund as compared to prior years. Recommendation: Approve the Agreement and authorize the City Manager to enter into the attached Interlocal Agreement between the City and County, and make minor modifications if necessary. Background/Analysis: The City has experienced a rapid escalation in criminal justice costs since about 2009. These increasing costs have created severe budget issues for the City. Attempts to stop the increases, implementing changes in policy and operating protocols, have not been successful. Costs continue to increase at a rate that cannot be sustained. City staff agreed with the County that a consolidated system of criminal prosecution has several benefits and public policy advantages. Most obviously, it eliminates duplication of governmental services and provides prosecutorial continuity, which is good for the criminal justice system and should instill confidence in our citizens. It also provides budget predictability. 11/03/2015 1 - 35 That proposal to consolidate criminal justice services under County's Prosecuting Attorney plan was presented to City Council on August 18. After hearing the plan, City Council authorized city staff to negotiate terms with the County and produce an agreement for review by the Council. The attached Interlocal Agreement is the result. The attached Agreement is based upon the County assuming all responsibilities for adjudication, prosecution, public defense, and jailing of all City of Port Angeles misdemeanants through District Court L The City will pay to the County a fixed rate of $800,000 for all criminal prosecution services. District Court I would keep all fines and fees it collects starting January 1, 2016, instead of sending net collections to the City. Each additional year, until the year 2026, the amount paid by the City to the County will increase, decrease, or stay the same in relationship with the Seattle CPI. Based on the projected costs for criminal justice services in 2016, the City's net savings by entering into this Agreement is approximately $170,000. A consolidated system of criminal prosecution has several benefits and public policy advantages. Most obviously, it eliminates duplication of governmental services. Currently, the City and the County are two different governmental entities separately providing the same services — criminal justice prosecution. There is a clear benefit to end that duplication of services and consolidate it all in one entity. It also, for the first time, provides prosecutorial continuity, which is good for the criminal justice system and should instill confidence in our citizens. For the first time, a theft committed in the Safeway in Port Angeles will be prosecuted under the same standards as a theft committed in the Safeway in the unincorporated county. The consistency in prosecution additionally produces operating efficiencies in the prosecutor's office. Another significant benefit is budget predictability. Under the current system, neither of the governmental agencies have predictable budgets in the area of criminal prosecution. This Agreement gives budget predictability to both entities. At the same time, Council should recognize that the transition to a consolidated system of prosecution will have some consequences. It will result in the elimination of two staff positions in the Legal Department. Additionally, it must and will result in a long-term arrangement. Once the City dismantles the criminal division of the Legal Department, it will not be easy to reopen it. At the very least, it would take a full year to re-establish the staff, training, and outside contracts to the level at which they exist today. Also, some may perceive the"loss of control"by the City an important factor. Nevertheless, on balance, the advantages to the City and the citizens should outweigh any negatives. Funding Overview: Funding for the new Interlocal Agreement with Clallam County will come from the General Fund, and will represent a significant cost savings as compared to prior years. See the attached 2016 Consolidated Criminal Justice Analysis provided by Clallam County. 11/03/2015 1 - 36 2016 consolidated criminal justice analysis 2015 City Budgeted amounts Port Angeles Sequim Muni Court Expense $ (134,000.00)', $ (64,258.00)' Muni Court Income $ 175,000.00 $ 33,034.00 Grant- Public Defense $ 13,500.00 $ - Contract for Jail $ (630,000.00) $ (200,000.00) Contract for Public Defense $ (115,000.00)', $ (55,000.00)'; Sals & Bens for Prosecution $ (179,400.00) $ (120,603.00); Total $ (869,900.00). $ (406,827.00) 2016 City Estimated Budget amounts: Port Angeles Sequim Muni Court Expense $ (229,000.00) $ (94,345.00)' Muni Court Income $ 175,000.00 $ 33,034.00 Grant- Public Defense $ 13,500.00 $ Contract for Jail $ (630,000.00)', $ (200,000.00)' Contract for Public Defense $ (117,300.00) $ (56,100.00)' Sals& Bens for Prosecution $ (182,988.00) $ (123,015.00) Total $_ (970,788.00) $ (440,426.00) 2016 Consolidated Contract Budget: Port Angeles Sequim Consolidated Contract Amount $ (800,000.00)', $ (320,000.00)' Muni Court Expense $ - $ - Muni Court Income $ - $ - Grant- Public Defense $ - $ - Contract for Jail $ - $ - Contract for Public Defense $ - $ - Sals & Bens for Prosecution $ - $ - Total $ (800,000.00) $ (320,000.00) 2016 Savings to City $ 170,788.00 $ 120,426.00 2016 County Consolidated impacts: Clallam County Contract with Cities $ 1,120,000.00 Addt'1 District Court Income $ 75,000.00 Grant- Public Defense $ 13,500.00 Total Income. $ 1,208,500.00 Transfer to Jail $ (830,000.00)'1 Additional to Prosecutor $ (220,500.00) (1.5 Attny, 1.5 Support Staff) Additional for Public Defense $ (170,000.00)ji Total $ (12,000.00)! Change in General Fund Budget 11/03/2015 1 - 37 INTERLOCAL AGREEMENT BETWEEN CLALLAM COUNTY AND THE CITY OF PORT ANGELES REGARDING CRIMINAL JUSTICE SERVICES Preamble: This Agreement is made and entered into effective January 1, 2016, by and between Clallam County, a political subdivision, and the City of Port Angeles, a code city, (City) both entities duly organized and operating under and by virtue of the laws of the State of Washington. The County and the City collectively may be referred to as the"Parties." In April 2015 the Parties mutually adopted the following goal statement: Clallam County and the City of Port Angeles shall work collaboratively to provide criminal justice that results in a real benefit for all citizens of Clallam County those within the City and those in the unincorporated areas - through the following: • Cost containment and predictability; • Operating efficiencies; • Prosecutorial continuity; and • Reduction in governmental duplication. This Agreement is made for the purpose of effectuating, implementing, and achieving those goals. Now, therefore, in consideration of the terms, conditions, covenants stated herein and the performance to be rendered hereunder, the Parties agree as follows: Section 1. Purpose: The City desires to contract with the County by way of Interlocal Cooperative Agreement pursuant to RCW 39.34.180 for the provision of Criminal Justice Services for the City. For purposes of this Agreement, Criminal Justice Services means and includes all work, functions, duties, prosecution, adjudication, indigent defense, sentencing, and incarceration services for City Misdemeanants. In this Agreement, City Misdemeanants means all adults who commit misdemeanor and gross misdemeanor offenses, and traffic infractions in the City of Port Angeles and are booked into jail and or are referred for prosecution by the City of Port Angeles Police Department. Criminal Justice Services also means and includes all the responsibilities and tasks commonly performed by the City Prosecuting Attorney's Office to the extent those responsibilities and tasks are currently done in the County Prosecuting Attorney's Office for County Misdemeanants. Nothing in this Agreement is intended to affect or alter the functions and operations of the City of Port Angeles Police Department. Section 2. Authority: This agreement is based upon the authority of Chapter 308 laws of 1996, presently codified as RCW 39.34.180, which provides in relevant part as follows: 1 11/03/2015 1 - 38 Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective, law enforcement agencies, whether filed under state law or local city ordinance, and must carry out these responsibilities through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services. Section 3. County to Provide Criminal Justice Services for the City: The County shall: A. Furnish its facilities and personnel for prosecuting, adjudicating, sentencing, and incarcerating those adults committing criminal misdemeanors and gross misdemeanors and, subject to paragraphs H and J below, all individuals committing infractions in the City of Port Angeles referred for prosecution by the Port Angeles Police Department in the same manner and to the same extent as the County furnishes facilities and personnel for prosecuting, adjudicating, sentencing, and incarcerating those adults committing misdemeanors and gross misdemeanors referred for prosecution by the Clallam County Sheriff's Department. The work, functions, duties, and responsibilities include, but are not limited to, provision and management of diversion services, prosecution, court services, indigent defense,prisoner confinement, appeals, and record keeping. B. Maintain adequate staff and budget to fully and competently perform all the services, duties, and obligations undertaken by the County in this Agreement for the duration of the Agreement. Such services, duties, and obligations include, but are not limited to, all aspects of criminal prosecution, which includes court appearances, briefing, witness interviews, plea negotiations, research and analysis, filing decisions, search warrants, coordinating and consulting with City police personnel, and any other task required to competently prosecute crimes. Services also include any appearing and defending appeals to the Clallam County Superior Court after consultation with the City Attorney. Further appeals to the Washington State Court of Appeals or the Washington State Supreme Court will be undertaken only after consultation and joint agreement of the Parties regarding the terms for handling any such appeals. Prosecution services also include attending meetings with the Police Dept. and other City staff as requested to address current issues; make suggestions to the City Attorney regarding municipal code revisions; and provide quarterly reports identifying total case filings and dispositions. C. Not reduce budget support for the Prosecutor's Office to fall below the previous year's staffing, after adjustment for inflation or seniority, without the prior consent of the City. This 2 11/03/2015 1 - 39 restriction is intended to ensure financial compensation by the City does not supplant existing resources, but instead supplements those resources and permits the dedication of sufficient staff and resources from the Prosecutor's Office to address City matters. D. Provide court services, which include filing, probation services, translation services, jury services, expert services, and other court services as needed. Expert witness fees, and witness fees are included in this Agreement. The City will pay no additional fees for court services. The County may not reduce budget support for the Clallam County District Court I or Public Defense to fall below the previous year's staffing, after adjustment for inflation or seniority, without the prior consent of the City. This restriction is intended to ensure financial compensation by the City does not supplant existing resources, but instead supplements those resources and permits the dedication of sufficient staff and resources from Clallam County District Court I and Public Defense contracts to address City matters. E. Pay for filing the City's criminal citations and infractions with the Clallam County District Court L Any charges for court services, including, but not limited to, filing fees, probation services, translation services,jury services, expert witness fees, and witness fees are included in this Agreement. The City will pay no additional fees for court services. F. Provide criminal defense and related services for indigent persons facing incarceration in Clallam County District Court No. 1. The County will provide defense services in accordance with standards adopted by the Washington Office of Public Defense, the Washington State Supreme Court, and the Washington State Bar Association. The County, at its discretion, may contract with an outside agency or law firm to provide indigent defense services. Upon request from the City, the County will provide adequate evidence to demonstrate that its arrangements for public defense comply with the standards referenced above. G. Provide defendant management services, including jail and special arrangements such as deferral programs and monitored release from jail using SCRAM bracelets and similar devices, for persons committing misdemeanor or gross misdemeanor offenses in the City's jurisdiction. The County agrees to furnish its facilities and personnel for the confinement, processing, and incarceration of City prisoners in the same manner and to the same extent as the County furnishes the services for confinement, processing, and incarceration activities of its own prisoners. The County jail facilities shall be made available and furnished for booking and holding City prisoners held upon arrest, awaiting trial, and serving imposed jail terms. All City police officers and investigators shall have the right to interview the prisoners at any reasonable time inside the confines of the County jail, subject only to necessary security rules. Interview space will be made available to City police officers in equal priority with those of any other department, including the Sheriffs Department. The County will provide all prisoner confinement services including room, board, medical, and other services at no additional cost to the City. The County agrees to act as agent for the City in the receipt of bail posted during other than normal working hours. The County agrees to diligently and timely 3 11/03/2015 1 - 40 deliver said bail bonds or monies to District Court L Any monies refused for receipt by District Court I shall be returned to the posting party as soon as practical. The County may not reduce budget support for the Clallam County jail operations to fall below the previous year's staffing and operating budget, after adjustment for inflation or seniority, without the prior consent of the City. This restriction is intended to ensure financial compensation by the City does not supplant existing resources, but instead supplements those resources and permits the dedication of sufficient staff and resources from Clallam County jail staff and operating budgets. H. Be responsible for all City criminal and traffic infraction cases beginning January 1, 2016. The County will process City infractions in the same manner and to the same extent as County infractions, which specifically includes providing discovery in contested cases. L Maintain and allow the City to inspect and audit records of all revenue and expenditures pertaining to the services provided for in this agreement. J. Not be responsible for the City's code enforcement actions. Code enforcement means and includes such actions as nuisance code enforcement, animal control, and zoning violations. The City is solely responsible for all code enforcement actions including those in which the City files a complaint in District Court alleging that a particular act constitutes a misdemeanor or gross misdemeanor. K. Not be responsible for appearing in infractions, involuntary commitment proceedings, administrative proceedings, or any other civil matter that may arise from or in conjunction with criminal proceedings. Section 4. Additional Rights, Obligations, and Responsibilities: A. The City shall be responsible for transporting all City Misdemeanants arrested by City police officers to the County jail. For every City Misdemeanant transported to the County jail, the transporting officer shall deliver to the jailer satisfactory proof of the reason for confinement of the prisoner. B. The City will try any City case set for trial on January 6, 2016, and the County will try all cases after that date. The City will provide any active case files to the County by January 4, 2016. The City will retain any closed files through the end of their retention period. For the first six months of this agreement, the City will review court calendars each day and deliver any needed files in the City possession to the County prior to 9:30 am. C. The rights and powers of the Prosecutor as defined under RCW 36.27, including without limitation those pertaining to the appointment of deputies, shall not be infringed by way of this agreement. However, the City may consult with the Prosecutor on cases of interest to the City. 4 11/03/2015 1 - 41 D. The City acknowledges the County's operational control of the County offices and departments providing facilities and services incident to misdemeanor and gross misdemeanor offenses committed by adults within the City of Port Angeles and referred by the Port Angeles Police Department. Section 5. Consideration to the County: A. As partial consideration for this Agreement, the County shall retain the entire local share of any and all relevant fines and fees collected on or after January 1, 2016 by Clallam County District Court I from adults arrested or referred for prosecution by the Port Angeles Police Department who are accused or convicted of committing misdemeanors or gross misdemeanors within the City. The County shall also retain any and all relevant fines and fees collected on or after January 1, 2016 for infractions. The amounts generated by the local share of said fines and fees are intended to compensate the County for the costs associated with the provision of District Court I and Public Defense services. B. As additional consideration, in 2016 the City shall also pay to the County the sum of eight hundred thousand Dollars ($800,000.00) each year thereafter for Criminal Justice Services. This sum shall be paid in 12 equal monthly installments, each installment due on or before the 5I' day of each month. For subsequent years, the amount described in paragraph C below shall be paid in 12 equal monthly installments, each installment due on or before the 5I' day of each month. C. Beginning in the year 2017, and each year thereafter for the duration of this agreement, those sums payable by the City pursuant to paragraph (B) above shall automatically increase or decrease at a rate of the annual Seattle-Tacoma-Bremerton CPI-W published in June of each year. Such annual increases are intended to compensate the County for increasing costs associated with staff salaries, employee benefits, facilities maintenance/upgrades, and other rising expenditures associated with the provision of Criminal Justice Services; provided, however, the County shall have the right to demand that compensation be renegotiated in the event that the bookings into jail of City Misdemeanants in one year exceeds by 25% or more the average bookings into jail of City Misdemeanants over the prior 3 years. D. The City has applied for a grant from the Washington State Office of Public Defense, pursuant to RCW 10.101. The proceeds of that grant are intended to be used to increase compensation for public defense attorneys in Clallam County District Court No. 1. If and when the City receives proceeds from that grant intended for the 2016 calendar year, the City shall promptly remit those proceeds to the County on the condition that the proceeds be used for the same purposes. The Parties recognize that a grant to the City, if any, will be for 2016 only, and this will be a one-time transfer. E. Payment of the amounts described in Sections A through D immediately above shall constitute full and complete compensation to Clallam County for all Criminal Justice Services to be provided pursuant to this Agreement, including, but not limited to, Prosecutor's staff costs for City Misdemeanants, appointed counsel for City Misdemeanants, judicial salaries, staff benefits and facilities used for the adjudication of City Misdemeanants, 5 11/03/2015 1 - 42 fees and costs for prisoner confinement services and for all medical costs of City Misdemeanants while they are in County custody. Section 6. Additional Terms and Conditions. Relationship of the Parties: No agent, official, employee, servant, or representative of the City shall be deemed an officer, employee, agent, servant or representative of the County for any purpose. No agent, official, employee, servant or representative of the County shall be an officer, employee, agent servant or representative of the City for any purpose. Bringing a criminal action in the City's name shall not be construed to imply or create any type of agency relationship between the Parties. Duration and Termination: A. This Agreement shall be in force and effect on January 1, 2016, and shall remain in effect (1) for a period of ten years; or (2) until the legislature amends RCW 39.34.180 to affect the relationship of the parties pursuant to that law; or (3) until terminated by either party as provided for in paragraph B below, whichever shall occur first. B. Either party may terminate this Agreement, prior to its expiration, for cause, by providing the other party at least one year prior written notice and complying with the provisions of Chapter 3.50 RCW. Such notice shall state the grounds for the termination and the specific plan of the City for providing criminal justice functions as required by RCW 39.34.180. Annual Review: The terms and operations of this Agreement shall be reviewed annually in August of each year. The purpose of the review is to assure that the consolidation of governmental services, as provided for in this Agreement, is successful and to identify any changes or improvements that might make this arrangement more beneficial to the citizens of Clallam County. This review shall be conducted by a committee composed of: One (1) County Commissioner; the Clallam County Sheriff, the Clallam County Prosecuting Attorney; the Judge of the Clallam County District Court I; the City Manager of Port Angeles; One (1) Port Angeles City Council Member; the City Attorney and the City Police Chief. This committee may be supported by staff of either or both the City and the County. The committee shall make a report to both the City and the County legislative authorities after its review expressing its opinion on: (1) The state of the criminal justice system in the area; (2) The relationship of the costs of that criminal justice system to the contribution of each party as required by RCW 39.34.180; and (3) To recommend any changes to this Agreement. The primary purpose of this committee is to ensure that the operation of, and the resources dedicated to, the criminal justice system remain current with evolving criminal justice needs. Indemnification: A. To the fullest extent allowed by law, the City will be solely and entirely responsible for its acts/omissions and for the acts/omissions of its agents, employees, servants, or representatives. To the fullest extent allowed by law, the County will be solely and entirely responsible for its acts/omissions and for the acts/omissions of its agents, employees, servants or representatives. 6 11/03/2015 1 - 43 B. Each party agrees to defend and indemnify the other party and its elected and appointed officials, officers, employees and agents from and against all claims, losses, damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise out of the negligence or willful misconduct of the indemnitor or its elected or appointed officials, officers, employees and agents in the performance of this Agreement. The indemnitor's duty to defend and indemnify extends to claims by the elected or appointed officials, officers, employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington solely for the purposes of this provision and acknowledges that this waiver was mutually negotiated. C. In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility that arises in whole or in part from unenforceability or invalidity of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded on account of the unenforceability or invalidity of such City ordinance against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. This provision shall survive the termination of this Agreement. Non-Payment and Other Defaults: In the event of any default hereunder, upon thirty (30) days written notice by the County to the City with regard to failure to make any payment required, and in the event same shall not be cured within sixty (60) days, then the County shall be entitled, without further notice or demand, to give notice of termination as set forth in Section 6 Duration and Termination, including any other remedy granted at law or in equity. Disputes: Disputes shall be referred to the County Administrator and the City Manager for settlement. If disputes are not resolved by the parties within thirty (30) days of the referral, unless the parties agree to an extension of time, the dispute shall be referred to an arbitrator who has been mutually agreed upon by the City and County. Or if they cannot agree to an arbitrator, the parties may apply to the presiding judge of the Clallam County Superior Court for appointment of an arbitrator. The arbitrator's decision shall be final and binding on both parties; provided however, an arbitrator's decision may be appealed to Superior Court if it is based on an error of law, is arbitrary and capricious, is not founded on substantial facts or exceeds the authority of the arbitrator. Each party shall pay one-half of the arbitrator's fee. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decide the disputed contract provision. Notice: Any notice required to be given by either party to the other shall be deposited in the United States mail,postage prepaid, addressed: 7 11/03/2015 1 - 44 To the County at: The Clallam County Commissioners' Office 223 E. Fourth St., Ste. 4 Port Angeles, WA 98362 To the City at: City Manager PO Box 1150 Port Angeles, WA 98362 Or at such other address as either party may designate to the other in writing from time to time. All notices to be given with respect to this Agreement shall be in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mails in the manner prescribed herein. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and supersedes all prior agreements, contracts, and understanding, written or oral. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. Any and all previous agreements, understandings, and the like, oral or otherwise, are hereby revoked. Construction of Agreement: In the event of a dispute between the parties as to the meaning of terms, phrases or specific provisions of this Agreement, the authorship of this Agreement shall not be cause for this Agreement to be construed against any party nor in favor of any party. Execution: This Agreement is executed by each party acting with authority granted, where required, by its governing body. This Agreement may be executed in counterpart originals. A copy of each such executed counterpart original shall be delivered to each party upon that party's execution of a counterpart original. Administration: This Agreement will be administered by the County. This Agreement does not create any separate legal or administrative entity. However, nothing in this Agreement is intended to prevent or otherwise interfere with discussions or decisions that may be made by the Parties during the Annual Review. Further, the Parties understand and agree that there will be communication between the Parties to effectuate the terms of this Agreement. Financing, Budd This Agreement does not contemplate a joint budget. Property Acquisition and Disposition: This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its own property. 8 11/03/2015 1 - 45 Applicable Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any court action will be in Kitsap County in any court with jurisdiction. Nondiscrimination: County agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. County shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. Violation of this section shall be a material breach of this Agreement and grounds for cancellation, termination or suspension by the City, in whole or in part, and may result in ineligibility for further work from City. Waivers: Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. Files: All files and other documents maintained by the County relating to this Agreement or the Services provided pursuant to this Agreement shall be the files of the County. On request, such files will be made available for review by the City through its City Attorney or other duly authorized representative during normal business hours. Public Records Requests: The County shall be responsible for timely and adequately responding to requests for records addressed to it under the Public Records Act. The City shall be responsible for timely and adequately responding to requests for records addressed to it under the Public Records Act. The Parties agree that, as part of the Annual Review described in Section 6 above, they shall analyze the impact and extent of changes, if any, to the County's public records workload resulting from this Agreement. If necessary, they shall negotiate in good faith to resolve any significant problem or difficulty arising from such changes. Challenges: The entry into this Agreement shall not be construed to be a waiver or abandonment of any defense or claim either party may have against the other notwithstanding the entry into this Agreement. Jim McEntire: Date Dan McKeen: Date Chair, Clallam County Board of Commissioners City Manager, City of Port Angeles Approved as to Form Approved as to Form Clallam County Prosecuting Attorney City Attorney 9 11/03/2015 1 - 46 R GELS AS H I N G T O N, U. S. A. ..:v1, ."""'° � CITY COUNCIL MEMO DATE: November 3, 2015 To: CITY COUNCIL FROM: NATHAN A.WEST,DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT SUBJECT: Lodging Tax Marketing RFP Results Summary: The City issued a Request for Proposals for Tourism Marketing for 2016. Six proposals were received and the Lodging Tax Advisory Committee has provided a recommendation to Council in support of Vertigo Marketing. Funding: The funds for the 2016 marketing contract are derived from the City Lodging Tax Fund. The Lodging Tax Committee has recommended a budget of$150,000 to $200,000 for the contract. Committee Recommendation: 1.)Direct City staff to negotiate an agreement for 2016 marketing services with Vertigo Marketing. Background/Analysis: On August 18, 2015 City staff advertised an opportunity to respond to a request for proposals (RFP) for 2016 marketing services. The RFP was posted on the City website and advertised in local media sources. The deadline for receiving proposals was September 18, 2015. Six (6) proposals were received. The Lodging Tax Advisory Committee scored the proposals and met to discuss that scoring in a public meeting held on September 29th. Three (3) finalists were invited in for interviews with the Lodging Tax Committee including Vertigo Marketing, DVA Advertising and Atlas Marketing. The proposals will be distributed to Council via a separate email in order to maintain graphic quality of the proposals. Scoring results are attached to this memorandum. The RFP document is still available on the City's website. Following the interviews the Committee provided final scoring of the three finalists and recommended that City Council direct staff to negotiate a contract with Vertigo Marketing. The 11/03/2015 1 - 7 Vertigo proposal incorporates services of three local professionals including: Laurel Black Design, Christopher Wright(Videography), Eric Neurath (Photography), and Marissa Hamlin (Social Media). Leslie Robertson from Revitalize Port Angeles has also offered to advise Vertigo in a pro-bono advisory role. Prior to issuance of the RFP the Committee recommended a marketing budget range between $150,000 and $200,000. The Vertigo proposal marketing campaign budget was identified as $199,863. During the interview Vertigo representatives noted that they would not charge for travel to the Port Angeles area and indicated they would have a representative travel to Port Angeles on a monthly basis. The voting members of the Committee unanimously resolved to recommend that City Council Direct staff to negotiate a contract with Vertigo Marketing for the Port Angeles 2015 marketing effort. Staff will check references for the firm prior to presenting City Council with a contract for consideration. Should negotiations be unsuccessful, staff will proceed with negotiations with the Atlas Marketing who received the second highest scoring from the Committee. Committee Chair Kidd and staff will be available to answer questions on the process and proposal. Funding Overview: The funds for the 2016 marketing contract are derived from the City Lodging Tax Fund. The fund consists of revenues generated from a 4% tax on all charges a hotels, motels, and similar lodging establishments. The Lodging Tax Committee has recommended a budget of$150,000 to $200,000 for the contract. 11/03/2015 J - 2 M 7 m m -i L L 0) M m E N M N OJ � y0, N C ±_+ U N E O E +J O N c-I -tj- V — X to +, H � � 00 C 'a l0 M I- O n I- c-I 00 J Ln Ln Ln +J O 00 ~ +' O C O O U CL N to N to U O +� +� N N ; 7 o o N N m rq oc O bA M M 00 A O N v' v' O �y N M d 00 00 N W — N rO V W N W 00 Cq M M � DD .O FBI O O Cq N W v Cq � � '�=-� �,��'' � ¢, O w can � •U � � .� ^ O � N u 4� p `o y p O o � � c � � m � � � � � � � � § � w § c U � � � m � 7 7 \ CZ a Q § = o \ 7 § 2 2 \ cz 9 cz C) ■ ¥ ` M g ° o � ® 2 m = y w 2 4 \ S q /y \ ® 2 % z ± ° \ 2 %—Ct ƒ { k \ \ \ � � a ./ \ ) f \ � \ u o _ \ R g ® ƒ § = 9R 2 Q Q 2 7 8 f 2 v / \ § / ƒ ƒ \ ƒ 7 cq o N ° O bA � oo A N v v O 00 M 00 M M O 00 rO V N M M 01 N C O a A 00 `r o x N o oo 0 zCA 00 o � o o U W N o u an E� o to ° to U can 4. FG a yam- E- ct ct ct 4. O y tD o a ti) o o y o 0 0 vi C-0) N N N O O O O O O O O O O ✓1 O O ✓1 O ✓1 O O I� m lD O .--I m N Ill I� � Ill Ill Ol � Ol Ol O� � Ol Ol Ol f0 f0 f0 O O O r r r c c c 0 0 0 a a a c c c c c c c c c f0 Y 0 Y f0 Y j QJ f0 j QJ f0 j QJ f0 a a a > m m m U 4 t[ a a a a a a a a a a a a 0 0 0 m m m m c c c c N N N N rl i--I i--I rl rl i--1 i--1 rl O N O 00 lD vl O O O 00 C O Ol C lD 00 ✓1 ✓1 O 00 00 Ol D 00 n n � f0 f0 f0 f0 O O O O r r r r c c c c 0 0 0 0 a a a a c c c c c c c c c c c c f0 Y f0 Y f0 Y f0 Y -0 -0 -0 a a a a m m m = m r uo r uo r uo r uo x > LL - u a a a a a a a a a a a a a a a a 0 0 0 0 0 N M O ADS LLC CSO Flow Monitoring Project CSO Flow Monitoring, WW14-2014 Date Agreement Authorized by Council: July 1, 2014 Agreement Expires: July 15, 2016 Billings Through: August 15, 2015 Task# Description Contract Amount Billings to Date % Complete, 1 Flow Monitoring Field Service(3 CSO sites) $57,934.25 $30,576.44 53% Monitoring System Uptime, Data Analysis, and 2 Reports (5 CSO sites) $39,604.80 $21,122.56 53% CSO Site Wireless Communication (3 CSO 3 Sites) $21118.22 $1,117.96 53% e6slie DO 51splay and A arm oU ica ion . 4 (5 CSO sites) $4,696.80 $2,504.96 53% Training, Support ana Equipment-upon 5 request $20,000.00 $0.00 0% Flow=lCalibration (6 sites weather station Initial $0.00 $0.0011 0% 7 IlWebsite Setup 1 $2,867.18 $0.00 0% ni a Installation or ep acemen of 8 Equipment $0.00 $0.00'' 0% Totals $127,221.25 $55,321.92 43% 11/03/2015 L 1 Anchor QEA Agreement, Project No. SW02-2012 Construction Management Services Date Agreement Authorized by Council: April 15, 2014 Agreement Expires: December 31, 2015 Billings Through: August 31, 2015 Original Contract This Invoice Task# Task Amount Amount Previous Total New Total Complete Port Angeles Landfill Stabilization Project 1 No. SW02-2012-Construction Management $1,429,000.00 $145,931.36 $1,023,544.09 $1,169,475.45 81.8% ITotai Contract Amount $1,429,000.00 11/03/2015 L 2 Aspect Consultant Agreement, Project SW08-01 Landfill Post Closure Consulting&Engineering Services Date Agreement Authorized by Council:October 7,2008 Date Amendment 1 Authorized by Council:September 15,2009 Date Amendment 2 Authorized by Council:February 15,2011 Date Amendment 3 Authorized by Council:January 17,2012 Date Amednment 4 Authorized by Council:January 21,2014 Agreement Expires:April 30,2016 Billings Through:9125/2015 Contract Amount Contract Amount Contract Amount Contract Amount Original Contract through Through Through Through Billings % sack# Task Amount Amendment 1 Amendment 2 Amendment 3 Amendment 4 to Date Complete ................ IA Groundwater Re 0 s Biannual $6,500 $26,100 $34,100,00 $53,224-00 1 $8400051 $106,64424.......127 1,12 Annual Groundwater Monitoring Report $13,500 $58,,400,00 $67,907 00 $136,049,68 $127.015,62 93% 1.1.3 Seawall Fluid Report $8.000 $15,500 $15.500 $15,500_$15,500 00.. $13,7L41, 0 89% 12 Seawall Monitoring Report and Beach Monitoring ------ Analysis of Transect data,Tech Memo 1 21 and Recommendations $9,000 $14,800 $19,80000 $32A70,00 $32.470,00 $29.10002 90% 1,2,2 Beach Monitoring Site Visit ................_.— $7,526 26 110 IAnnual Beach Morphology Monitoring 123 Report W000 $16X0 $27,.300,00 F$48,459,00 $80,19605 $26,47535 —1.2.4 Beach Monitoring Regulatory Support ......... $8,501,74, 0% 1.3 Evaluation of Monitorin Well#3 $6,00000 $6,000,00 $6,000,00 $6,471 75 108% Evaluation of Environmental Monitoring of 1.4 h O�Con�pLia�.IL�ndill. $8,000.0o $8,00000 W000,00 $000 0% L,2_L__ _ __ ....... ........... 1.5 Evaluation of the Landfill Gas System $7.00U0 $51,658.72 $111.362.50 $107,446,97 96% .......... 2 Maintenance Support _11 3,000 .............. �2.1000 $24,0 $38,619 $36,495.62 95% $'11,00 .... ............................. [�:3 Macro-Algae Survey 01 UNRL $61,000 $1 $103264,67 99% $1851001 $438,218.72 $557 394;63 88% Total - $249,100 _.Ism 11/03/2015 L 3 BROWN AND CALDWELL CONSULTANT AGREEMENT Project WWI 0-08 CSO Projects Phase 2 Contract 06-01 (Through Amendment 20) Contract Expires: 12-31-2016 Billing Through: 8/2012015 Payment No. 32 Table 1 - Summary of Pa mentS nvoice mount Cumulative a of Payment# Time Period Numbers) Requested Total Authorized 1 Feb 22, 2013 to Mar 28, 2013 14191132 $45,216.15 $45,216.15 1.8°/.''' 2 Mar 29, 2013 to Apr 25, 2013 14192116 $83,821.01 $129,037.16 5.3% 3 Aril 26, 2013 to May 23, 2013 14194841 $135,724.73 $264,761.89 10.8% 4 Ma 24,2013 to June 27, 2013 14196829 $117,135,96 ,$381,897.85 15.6% 5 June 28, 2013 ri July 25, 2013 14197244 $40,162.14 $422,059.99 17.3% �July 26, 2013 to Aug 22, 2013 14199505 $41,410.31 i $463,470.30 19.0% 6 Aug 23, 2013 to Sep 26, 2013 14201321 $110,443.99 $573,914.29 23.5%. See 27, 2013 to Oct 24,2013 14204874 $210,821.93 7 Oct 1, 2013 to Oct 24, 2013 14203651 $2,457.21 $787,193.43 30.0% Oct 25, 2013 to Nov 21, 2013 14205984 $122,022.84 Oct 25, 2013 to Nov 21, 2013 14206338 $6,172.68 8 Nov 22, 2013 to Dec 26, 2013 14207198 $100,040.25 $1,015,429.20 38.6% 9 Nov 22, 2013 to Dec 26, 2013 14208189 $3,331.59 $1,018,760.79 38.8% 10 Dec 27, 2013 to Jan 23,2014 14209690 $63,396.22 $1,082,157.01 41.2% 11 Dec 27, 2013 to Jan 23, 2014 14209911 $3,082.10 $1,085,239.11 41.3°/. Jan 24, 2014 to Feb 20, 2014 14211049 $1,767.62 12 Jan 24, 2014 to Feb 20, 2014 14211854 $57,057.94 $1,144,064.67 43.5% Feb 21, 2014 to Mar 27,2014 14213375 $38,513.02 13 Feb 21, 2014 to Mar 27, 2014 14213251 $133,509.15 $1,316,086.84 50.1% 14 Mar 28, 2014 to Apr 24, 2014 14215160 $28,955.41 $1,345,042.25 51.2% 15 Mar 28, 2014 to A r 24, 2014 14215824 $172,728.86 $1,517,771.11 57.8% 16 Apr 25, 2014 to May 22, 2014 14217272 $7,721.88 $1,525,492.99 58.19/. 17 Apr 25, 2014 to May 22, 2014 14218434 $130,742.33 $1,656,235.32 63.0% Mav 23, 2014 to June 26, 20114 14219331 $72,472.36 18 May 23, 2014 to June 26, 20114 14219419 $3,039.95 $1,731,747.63 65.9% 19 June 27, 2014 to Jul 24,2014 14221929 $41,181.23 $1,772,928.86 67.5% June 27, 2014 to Se t 4, 2014 14223436 $209.35 20 Julv 25, 2014 to Aug 21, 2014 14223642 $32,974.86 $1,806,113.07 68.7% 21 Aug 22, 2014 to Sept 25, 2014 14225672 $80,527.47 $1,886,640.541 71.8% 22 Sep 26, 2014 to Oct 23, 2014 14228411 $57,930.04 $1,944,570.58 74.0% 23 Oct 24, 2014 ti Nov 20, 2014 14230527 $16,974.82 $1,961,545.40', 74.7% 24 Nov 21, 2014 to Dec 31, 2014 14232072 $54,408.52 $2,015,953.92 76.7% 25 Jan 1, 2015 to Jan 29, 2015 14234306 $5,743.29 $2,021,697.21 76.9% 26 Jan 30, 2015 to Feb 19, 2015 14236294 $26,648.42 $2,048,345.63 L 78.09/. 27 Feb 20, 2015 to Mar 26, 2015 14238909 $31,513.13 $2,079,858.76 79.2% 28 Mar 27, 2015 to A r 23, 2015 14240333 $28,898.25 $2,108,757.01 80.3% 29 Apr 24, 2015 to May 21, 2015 14242928 $30,342.94 $2,139,099.95 81.4% 30 May 22, 2015 to June 25, 2015 14245718 $41,612.76 $27180,712.71 , 83.0% 31 June 26, 2015 to July 23, 2015 14247648 $35,291.85 $2,216,004.56 84.391. 32 Jul 24, 2015 to Au ust 20, 2015 14249544 $28,479.54 $2,244,484.10 85.4%. Check Total = $2,244,484.10 PW 0410_02 [Revised 8/06] 11/03/2015 L 4 10/27/2015,Breakdown Sheet printed 1 012 712 01 5 City of Port Angeles CH2M HILL CONSULTANT AGREEMENT 2016 Water System Plan Update Project Number WTOI.2016 Date Agreement Authorized by City Manager:March 2,2015 Contract Expires:12-31-2016 Billing Through:8128/2015 Payment No.2 Table 1 -SumMag of Pa mnt Invoice Amount Cumulative F1 2 Time Period Numbers A roved Total %of Authorized 3/2/2015 through 5/29/2015 381030451 $5,096.00 $5,096.00 3A0% 5/30/2015 throuth 8/28/2015 381039756 $10,643.20 $15,739.20 10.49% 11/03/2015 L 5 CH2M HILL 2013 Elwha Project Technical Engineering Services Date Agreement Authorized by City Manager:August 16, 2013 Agreement Expires: December 31, 2015 Original Agreement:August 16, 2013 Amendment No.1: October 11, 2013 Amendment No.2: October 31, 2014 Amendment No.3: December 26, 2014 Amendment No.4: March 11, 2015 Billings Through: 8/28/2015 Original Contract Amended Billings % Task# Task Amount Contract Amount to Date Complete 1 Elwha Consulting Assistance $4,000.00 $33,999.00 $30,892.24190.86% ,� ,.. H3Amedment ected Services $1,000.00 $1,000.00 $0.00 0.00% 1 Assistance $0.00 $15,000.00 $14,208.51 94.72% Total Contract Amount $5,000.00 $49,999.00 $45,100.75 90.20% 11/03/2015 L 6 Printed 10/27/2015 City of Port Angeles HERRERA AGREEMENT, STORMWATER ENGINEERING/PLANNING SERVICES PS/ Date Agreement Authorized by Council: April 21, 2015 Agreement Expires: April 30, 2017 Billings Through: Oct 2, 2015 Contract Billings to Subtask#' Description Amount Date % Complete 1.0 Preliminary Assessment of Codes and Policies $28,944.00 $26,118.43 90%III 2.0 Draft Revisions to Applicable City Codes and $29,592.00 $2,901.42 10% Policies 3.0 Planning Commission, UAC, City Council, and $16,532.00 $3,331.16 20% Public Outreach Support 4.0 Implementation Tools for the Development $34,173.00 $1,400.46 Community 5.0 Project Management/Contract Administration $6,130.00 $2,588.92 42%11 Total, Tasks 1.0-5.0 $115,371.00 $36,340.391 31 11/03/2015 L 7 Herrera Consultant Agreement, Project OCA 2011-03 Landfill Cell Slabilb,alron Engineering Services Dale Agreement Authorized by Council:October 18,2011 Agreement Expires:October 18,2013 Am ondmen�No 1:Marc h 13,201 2 A an In., N.2:June 19,2012 Z. m.rl No 3:March 19,2013 Am andmani,No 4:July IF,2093 Amendment No 5:November 19,2013 Amendment No 6:January 21,2014 Amendment No 7 April 15,2014 Billing.Through: 8/2 812 01 5 Amended A Amended Amended Contract Amount Contract Amount Contract Amount This Invoice Previous Total Billings % Task N 1-k 65 07 Amount to Date Complete 1w $000 $1,635-001 }94,15 2 Data Review J LORR $18 0, Q - 21 0 $000 $10251,L—E—111RRUM I M86100 --LO 00—�-Io—OUM $3.720 56 $3,72056 $000 $9007,,00 $0`00 s"o' Rot.-Ae—arn-0 and c""=0 Support $25�956,00 $0 Q _1�22,96 00 $000 2 Drainage Syslarh M.efifl-lucors �,a,jj Degi - $31,160 Go —6 Azns-sa''! --iii 16-0 00-------ip $0.00 $406,440,09 $40-640.94 1911 .slvELoQ&JT!ras railve S."i... $25 000.00 _ 2�.§L $0.00 q 779 01 _ —L __...L qq. L $$4r0Q0 001 $000_$54 000 00........__Eq 00 $48193.77 A46,193 77 86% Geophysical Investigation of 304- 9 Qdoplioul Landfill Coll _ $49,,70000 $0 A] ULM -NIMULF)-X�q—% Summary of Data Collection and Concept 0 , n fin2arwrt Sy,53500 (00........... 53AOQ 00 $0 00� 12_-2 721.47............._$Z2 711,,,,;_4/ RnU_ff, Landfill Evaluation and Removal M _7 $59100,00 $000 59 0 AL(Lo $129,579 201 $129 S79 9 2Q Bluff Toe Stabilizali,in Concept Milig.twn Ell, $4370q.OR $000 $43,700,00 ,$0.00 $13670;,5(1 32% 13 $0 00 92 76� $3 899 -26% $57,384,001 $0 LO ......--A— $78,055691 $78,05569 3 ___L L ft Cumulative Enacts Analysis of Precast 16 Armors r Unrls $84 205.00 $000 $84,285,00...... 80,00 $75 OM4.......... $71 00(1_44, fa% h"U."S $297 171 00 $41 1APIR2.......$258aS7t q0 $0..00 L377_873.5I L771,673 5,1_ !q Qs�91� ',nh $797,269..00 $000 _$797 Itl 0 -v Lm=. _j� 2 791 $728,372,79 01% 18 Public Quiteacki 15 9 Y" --...MMQAQ---------V 00---------il 5 000 00 ------MUIR �Lrogtd 1"birdarl 51 567 L7I&I $41IT4eu0Q $1&0.9 .10 1,,,o60126 LO 51460624.49 pow m�Amendment 4 ....................... 19 Prp'a01 Mana omen! ssri'�00 00 a KRq,q $000 $85,516.30 5§J 8'32 7yt_ -.L - AL A _ _1� n Fic.1 Dociato(60%and 90%) 'RR-'.— ......$447.917 ---M212 29 -�Q $50290000 $0,00 ,90 $447 112.90. 89% 21 100%('o 1 601.Documents __L163500 00 O.LO 09.22 ....... 80 q) $151655..2q 655 20 ,1*/I_.. 22 S.pphrnrinral Site lnwest�EklcLhl $2%Qq�qq 0 $95 900 do 0--i-Ml 81 AMIVAIR—19-61% L_ _ ________ 2. --- —EL Su PP!omental Promilliflo and Cultural 23 Ross Areas $62,50000 $000 $62,50000 $0,00 $46185,27 $ _IatL7 ...................... Mq 24 Punic firivol—ent $15,50000 $00 S155M '99 S0,00 $424 75 8d2d 75 3% 2?o Bid Phase Support $32,500,00 $0,0 $32$15ox $000 $73 376.86 I - ........... Anwridarpull 4 Subtotal $931,01111 $0.00 14116001 Ll 06 IL41 2 $101088-12 17% Art-mricirruml 6 ........... 26 Additional Refuse,Remo al Cot�aep $71,64400 $000 $71,644 00 $ 00 p2LemmI PS&E $73,53600 0,00 3§AqR 0 7q.279.23 $70271.23 NV-1 LuTp d.rWjJL ,qM.. ......... _� 4- 00 $30 5,14 00 $000 51 51,2 4 q V 1) _Tq 00 29 5,oawil Axxtxm 42,10000 $000 _$42iqO 00 $D AR $32,143.50 . $32,14350 76% '30 4,01woml Sullollwaltu pr ulm _____$24,.645.00 C 45 O� 00 $25,59286 $25,Al2 861 104% .. .........Lq:21 _1�_ AO 31 PvInnjI!!fl2 39,990,,00 00 $39,996,00 $000 $1,1M7µ09 $1,x107 A 3% Anwondmirril 5 Sul"101"7 8215 51 100 $0,00 $222555.00 0.00 21210592 7 $11 5 5 ...-.—-_ �'—-__L- imnsime-1 6 .............-1................................ ,�2� Monitoring Well O—ad.ale,lavesfigatior $000 $41,233 54 $41,23354 36%m. A!g-damml'l Subtotal $0.00 $115 3.M"LQ 5115,791,00 0,00 $40,7,16 541$33.54 36I rtqT2!nI7 Design Engineering Services during 3.3 $220 $426000.00. $42_600000 —$,Ooo $42 6,000,00 S 6$000(00 $36072.28 $0.00 $?$Oe46 89 59% Total COnhacl nm2unl" $2781326.00 $582,731.00� ..!13,364,057.00 ... .... Remaining in contract $292.996.77 11/03/2015 L 8 CLERK STORAGE, POLICE DEPARTMENT & MECHANICAL REMODEL Lindberg&Smith Architects, Inc., P.S. Date Agreement Authorized by City Manager: March 20, 2012 Original Amt Amend Amt Total Amount City Manager Approval: March 20,2012 $25,000.00 $25,000.00 City Council Approval: September 18,2012 $22,500.00 $47,500.00 City Council Approval:August 20,2013 $13,000.00 $60,500.00 City Council Approval: May 5,2014 $40,846.00 $101,346.00 Approved April 7, 2015 $17,400.00 $118,746.00 Totals $25,000.00 $93,746.00 Agreement Expires: December 31,2015 Billings Through:July 13,2015 1 Budget ac amen e i rugs o ° Phase# Task Amount Amount Amount Date Complete Review ADA codes, fire access and other 1 &2 codes, and $25,000.00 $25,000.00 - $12,922.50 52% Programming and Schematic Design Design services for mechanical&electrical 3 thru 6 upgrades to computer $22,500.00 $93,746.00 $100,820.60 87% &raio equipment rooms, remodel of 2 IT offices Extra Engineering Services for trouble shooting Existing 0% system and design repairs 0% 0% Totals $47,500.00 $25,000.00 §1 118746.00j $113 743.10 96% ' PW 0410_02 [Revised 00/06] 11/03/2015 L 9 Robinson Noble 2015 Hydrogeological Service Feasibility Study Payment 2 Date Agreement Authorized by City Manager:August 14,2015 Agreement Expires:December 31,2016 Billings Through 9130/2015 Table 1 -Summary of Payments nvoice Amount Cumuia ive Payment# Time Period Number(s) Requested ToW Percentage 1 8/14/2015 to 8/3112015 15-692 $5„174,00 $5,174.00 20.85% 2 9/1/2015 to 9/30/2015 15-785 $8,824,50 $13,998.50 56,42% Check Total= $13.998.50 PW 041002 [Revised 8/061 11/03/2015 L 10 SWCA Environmental Consultants Agreement Archaeologial Services Payment No. 8 -2015 Date Agreement Authorized by Council: December 17, 2013 Agreement Expires: December 31, 2015 Billings Through: 9/12/15 2015 Original Billings % Task# Task Contract Amount to Date Complete 1 Support of Public Works Operations $20,000.00 $0.00 0% 2 Support of Public Works Engineering $25,000.00 $24,994.01 100% 3 Support of DCED $10,000.00 $575.39 6% 4 Support of DCED Capital Projects $15,000.00 $2,212.35 15% Total Contract Amount $70,000.00 $27,781.75 40% 11/03/2015 L 11 10/27/2015, Breakdown Sheet printed 10/27/2015 City of Port Angeles Streamkeepers Fecal Coliform Monitoring Payment#16 -2015 Date Agreement Authorized by Council: October 16,2012 Agreement Expires: December 31, 2016 Billings Through: 9/22/2015 Table 1 -Summaq of Payments Payment Amount o n # Time Period Invoice Numbers) Approved Total Authorized 1 January 2015 Labor 2015.015R $138.30 $138.30 1% 2 February 2015 Lab Testing 15-0206, 15-0205 $520.00 $658.30 3% 3 March 2015 Lab Testing 15-0258 $468.00 $1,126.30 6% 4 March 2015 Labor 2015.036R $919.23 $2,045.53 10% 5 Aril 2015 Labor 2015.046R $293.33 $2,338.86 12% 6 Aril 2015 Lab Testing 15-0315 $520.00 $2,858.86 14% 7 Aril 2015 Lab Testing 15-0308 $124.00 $2,982.86 15% 8 May 2015 Labor 2015.063R $341.64 $3,324.50 17% 9 May 2015 Lab Testing 15-0368 $1,059.00 $4,383.50 22% 10 May 2015 Lab Testing 15-0337 $26.00 March 2015 Lab Testing 15-0259 $52.00 $4,461.50 22% 11 IJune 2015 Labor 2015.074R $818.73 $5,280.23 26% 12 IJune 2015 Lab Testing 15-0411 $468.00 $5,748.23 29% 13 IJuly 2015 Lab Testing 15-0457 $468.00 $6,216.23 319/. 14 IJuly 2015 Labor 2015.084R $144.60 $6,360.83 32% 15 jAugust 2015 Labor 2015.089R $48.20 August 2015 Lab Testing 15-0516 $468.00 $6,877.03 34% 16 1 September 2015 Lab Testing 15-0570 $468.00 $7,345.03 370 0% 0% 0% 0% Cum Check Total'_ $7, 5. 3 Streamkeepers Fecal Coliform Monitoring Table 2 - Breakdown of Payment is nvoice revious Task# Task Contract Amount Amount Total New Total 1 Lab Testing $12,000.00 $468.00 $4,173.00 $4,641.00 2 Labor Costs $8,000.00 $0.00 $2,704.03 $2,704.03 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Totals $20,000.00 $468.00 $6,877.03 $7,345.03 Check sum= $7,345.03 11/03/2015 L - 12 Vanir Construction Management, Inc. CSO Phase 2 Construction Management Services Contract No. WWI Payment 15 Jeffrey S, Bender 10/19/2015 Date Agreement Authorized by Council: May 12, 2014 Authorized Amount: $1,563,726.00 Agreement Expires: May 15, 2016 Billings Through: 12/31/2014 Table 3 - Summary Sheet Contract men e Billings to Task# Task Amount Amount Date % Complete ase 2 CSO,-Project WW1 $1,563,726.Ogl 0 $893 366 38 57.1%% Totals $1 563,726.00 $0.00 $893,366.38 _ 5„7.1 PW 0410_02 [Revised 8/06] 11/03/2015 L - 13 10/27/2015,Breakdown Sheet printed 10/27/2015 City of Port Angeles Vanir Consultant Agreement, 2014 WTIP Phase II CM Services WTIP Phase II, Project TR02-03 Original Amend Amt Total Amt Original Approved: May 14, 2014 $247,947.04 $247,947.04 New Approved Agreement: March 17, 2015 $55,516.00 $55,516.00 Total $303,463.04 Agreement Expires: December 31, 2015 Payment No. 16 Table 1 -Su mary of Payments Invoice Payment# Time Period Numbers) Amount Approved Cumulative Total %of Authorized 1 throu h 5/31/14 T531-01 $14,001.92 $14,001.92 4.61% 2 June 1 -June 30, 2014 T531-02 $34,865.81 $48,867.73 16.10% 3 Jul 1 -July 31, 2014 T531-03 $59,16722 $108,034.95 35.60% 4 Aug 1 -Aug 31, 2014 T531-04 $47,251.43 $155,286.38 51.17% 5 Set 1 -Sept 30, 2014 T531-05 $39,569.82 $194,856.20 64.21% 6 Oct 1 -Oct 31, 2014 T531-06 $17,173.27 $212,029.47 69.87% 7 Nov 1 -Nov 30, 2014 T531-07 $14,562.49 $226,591.96 74.67% 8 Dec 1 -Dec 31, 2014 T531-08 $7,964.77 $234,556.73 77.29% 9 Jan 1 -Jan 31, 2015 T531-09 $12,404.92 $246,961.65 81.38% 10 Feb 1 -Feb 28 2015 TR531-10 $24,145.83 $271,107.48 89.34%� 11 Mar 1 -Mar 31, 2015 TR531-11 $7,879.59 $278,987.07 91.93% 12 Aril 1 -April 30, 2015 TR531-12 $2,085,90 $281,072.97 92.62% 13 May 1 -May 31, 2015 TR531-13 $5,733.59 $286,806.56 94.51% 14 June 1 -June 30, 2015 TR02-03 $320.62 $287,127.18 94.62% 15 Jul 1 -July 31, 2015 TR02-03 $5,897.60 $293,024.78 96.56% 16 Aua 1 -Aug 31, 2015 TR02-03 $8,83818 $301,862.96 99.47% $301,862.96 11/03/2015 L - 14 PUBLIC WORKS CONTRACT STATUS REPORT September 2015 / October 2015 (COSTS SHOWN INCLUDE APPLICABLE TAXES) ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL ORIGINAL ORIGINAL PRIOR SEPT.&OCT. REVISED PROJECT TITLE BUDGET CONTRACT CHANGE CHANGE CONTRACT (Construction) AMOUNT ORDERS ORDERS AMOUNT 2012 SCADA System Upgrade-Replacement $855,150.00 $570,102.70 $273,920.76 $0.00 $844,023.46 (PSA 2012-09/WW0210) Sanitary Sewer& Stormdrain Cleaning & $60,000.00 $60,000.00 $0.00 $0.00 $60,000.00 CCTV (WW-14-017) WW10-08 CSO Phase 2 $15,836,159.00 $15,198,782.57 $80,451.61 $0.00 $15,279,234.18 Landfill Cell Stabilization $15,983,577.00 $13,086,625.62 $1,065,646.01 $0.00 $14,152,271.63 (SW02-12) Peabody Creek Water Quality Treatment Retrofit $234,100.00 $212,217.50 $0.00 $0.00 $212,217.50 (DR02-12) 2015 Pole Testing $50,000.00 $33,879.34 $0.00 $0.00 $33,879.34 TR02-2003 Waterfront Development Phase 2C— $3,729,873.17 $1,238,563.50 -$123,382.24 $0.00 $1,115,181.26 Upland GG1501 City Hall& PenCom Emergency Power, $1,117,484.75 $1,064,271.20 $0.00 $9,050.84 $1,073,322.04 HVAC, &Fire Suppression PC1501 Emergency HVAC Replacement in PenCom $53,970.19 $47,466.19 $1,425.46 $0.00 $48,891.65 Phone Room CL06-2012 Light Pole $100,000.00 $90,852.72 Replacement Phase II $0.00 $0.00 $90 852.72 WTO1-14, Marine Drive $1,440,000.00 $1,057,767.20 $0.00 $0.00 $1,057,767.20 Water Main Replacement Georgiana St. Sewer& $755,489.00 $676,317.00 $0.00 -$21,927.96 $654,389.04 Stormwater Improvement Lighting Upgrades Phase II $429,210.00 $412,701.56 — CL05-2014 $0.00 $0.00 $412,701.56 Underground Cable $100,000.00 $90,391.51 Replacement— CLO1-2015 $0.00 $0.00 $90 391.51 18` Street Reconstruction— $1,458270.00 $1 303 893.55 TR1699 , $0.00 $3,250.00 $1,307,143.55 Replace Roof, WWTP Secondary Control Building $60,000.00 $50,075.38 $0.00 $0.00 $50,075.38 —WW02-2015 2015 Power Line Tree $100,000.00 $100,000.00 Trimming— SVC15-33 $0.00 $0.00 $100,000.00 Overhead Reconductoring- $200,000.00 $199,792.00 CLO1-2014 $0.00 $0.00 $199,792.00 11/03/2015 L - 15 PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL WORKS ROSTER CONTRACTS UNDER$25,000 AWARDED IN LAST 30 DAYS (QUOTATIONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST'S OFFICE) CONTRACTOR CONTRA DATE OR VENDOR CT/PO # DESCRIPTION AWARDED AMOUNT *Small Works Roster Contract UPCOMING PUBLIC WORKS CONTRACTS (NEXT 60 DAYS; ESTIMATED DATES SHOWN PROJECT ADVERTISE FOR BIDS BID OPENING START CONSTRUCTION END CONSTRUCTION TITLE None 11/03/2015 L - 16 PUBLIC WORKS GRANT & LOAN STATUS REPORT September 2015 — October 2015 PROJECT PROJECT GRANT/LOAN GRANT MATCH AWARD DESCRIPTION COST SOURCE&COST LOAN DATA LISTING STATUS Power Systems None at this time Stormwater $250,000 DOE FY 2012 $162,750 from Final grant Peabody Water Quality (including Supplemental DOE; $54,000 March reimbursement Grant grant-funded Statewide minimum City 2014 submitted,final design) Stormwater Grant match grant amount Program $157,242.78 $676,980 DOE FY2016 $461,250 from Funding offer letter Green LID Alley (including DOE; $153,750 July 1, received. Project Grant grant-funded Stormwater Financial minimum City 2015 Negotiating design) Assistance Program match Agreement $680,554 DOE FY2016 $474,300 from Funding offer letter (including DOE; $158,100 July 1, received. Decant Facility grant-funded Stormwater Financial minimum City 2015 Negotiating design) Assistance Program match Agreement Wastewater DOE State CSO Phase 2 Projects, Revolving Fund Loan at 2.7% Design&Construction $19,024,031 (SRF)Construction interest;no match June 2014 Ongoing Loan required $12,000,000 Transportation Washington State Transportation TIB Funds 18th Street Improvement Board $513,767 Reconstruction $1,494,000 (TIB)&Regional STP Funds November Construction Surface $804,845; City 2013 underway Transportation match$175,400 Program(STP) WSDOT 2015 Hill Street ODT $200,000 Pedestrian and $200,000 design June 2015 Funding offer letter Bicycle Safety only received Funding Marine Drive Channel $100,000 Surface $75,000(design), March Allocation,need to Bridge Design Transportation min match 13.5% 2015 negotiate Program agreement. Solid Waste 2015-2016 Waste Reduction,Recycling, $159,000 DOE Coordinated $119,250 grant Pending Pending Moderate Risk Waste Prevention Grant $39,750 City Disposal $3,999,100 2015 funding offer Financial in July 2015. Interagency Assistance in 2014 Landfill Bluff Cell $21,249,693 Agreement with $6,495,500,000 July 2015 Agreement Stabilization DOE maximum pending,Funding Financial amount in question Assistance in 2015 11/03/2015 L - 17 List of Acronyms BRAG: Bridge Replacement Advisory Committee BPA: Bonneville Power Administration DOE: Department of Ecology DWSRF or SRF Drinking Water State Revolving Fund or State Revolving Fund NOANet Northwest Open Access Network NOSC North Olympic Salmon Coalition PASD Port Angeles School District PSP Puget Sound Partnership PWB: Public Works Board,administers the PWTF Program PWTF: Public Works Trust Fund RCO: Recreation and Conservation Office SRF: Salmon Recovery Funding TIB,AIP or PSMP: Transportation Improvement Board,Arterial Improvement Program or Pedestrian Safety and Mobility Program WSDOT: Washington State Department of Transportation 11/03/2015 L - 18 PARKS,RECREATION & BEAUTIFICATION COMMISSION MEETING Port Angeles, Washington September 17, 2015 CALL TO ORDER—REGULAR MEETING: Chairperson Shargel called the regular meeting of the Port Angeles Parks,Recreation&Beautification Commission to order at 6:00 p.m. ROLL CALL: Members Present: Chairperson Shargel,Vice Chairperson Stratton,Commissioners Forrest,Peterson,Pittis,and Young. Members Absent: Commissioner Murray. Staff Present:Director Delikat and Secretary Boone. APPROVAL OF THE MINUTES: It was moved by Pittis and seconded by Forrest to: Approve the minutes of the May 21,2015 regular meeting. Motion carried 6-0. PUBLIC COMMENT: None. FINANCE: 1. Director Delikat used this portion of the meeting to inform the Commission that the 2015 budget has been balanced and the 2016 budgeting process has begun.Delikat informed the Commission that he requested additional funding in maintenance areas for 2016 because of our aging infrastructure. LATE ITEMS: Director Delikat presented the Commissioners with a request from John Longsworth proposing the creation of a new scenic viewpoint at South D Street and West 0'Street.Longsworth has permission from the City's Economic and Development Department to do some tree trimming for view purposes and is proposing to annex a portion of the City's right-of-way into a community scenic viewpoint.Neighbors have hired Sitkum Tree Service to remove invasive plants and replant native plants as part of the mitigation condition to cut trees to enhance the neighborhood view. Delikat asked the Commission if this is something they want him to look into further.Commissioner Pittis moved to table the discussion until the October 15,2015,meeting to allow the Commissioners to read Longsworth's request packet thoroughly.Commissioner Peterson seconded the motion and it was voted 6-0 to approve the motion. LEGISLATION: None. DIRECTOR'S REPORT(PowerPoint Presentation): 1. Vern Burton Gym Floor Director Delikat shared before and after photos of the gym floor refinishing project and reported that this floor should last 30-40 years. 2. Update on Mural,Grant Processes,Umpire Wage&Civic Field Use Mural:Director Delikat updated the Commission on the mural painting project.He stated that a subcommittee was created to determine a location for the painting which has still not been set,but the funding has been received from First Federal. Grant Process:Delikat said that the City Pier floats grant has been a long process and paperwork has not been received yet,but once the RCO Agreement is signed,he said the City can continue the process of purchasing new floats. Delikat hopes that the City Pier floats will be installed by the spring. Umpire Wage:Delikat said that part of the 2016 budget process was to add additional funding to the budget in the professional services account to increase the wage for umpires and referees$1/year for the next three years.This will take their wage from$22 per game to$25 per game by 2018. 11/03/2015 L 19 Civic Field Usage:Delikat said he plans to sit down with coaches from the Wilder and Crosscutter baseball teams to figure out their plans for next season.Delikat said he will develop new policies for Civic Field usage this winter. 3. Parks Maintenance Updates Director Delikat shared photos with the Commission of a number of projects that the Parks Maintenance staff has worked on so-far this year. 4. Vern Burton Memorial Wall Update Director Delikat said that he and Chairperson Shargel will be presenting at the October 6,2015,City Council meeting and will ask the Council to approve the placement of a plaque on the Community Memorial Wall in honor of Mr.Vern Burton.Delikat mentioned that this award is the considered the City's highest honor. 5. Contracts&Agreements Director Delikat mentioned that he has two contracts that he will be working on this winter to take to City Council in early 2016.They are the BMX Land Use Agreement at Lincoln Park and the Banner Contract.Delikat also mentioned that he finished the Marine Life Center Contract during the summer hiatus. 6. Future Items Director Delikat commented that he would be discussing future topics,including the Senior Center remodel and a student representative for the Commission. 7. Questions/Comments Commissioner Young requested to discuss a covered picnic shelter at Shane Park at the next meeting. ADJOURNMENT: Chairperson Shargel adjourned the meeting at 7:15 p.m. Next meeting October 15,2015 Vern Burton Memorial Community Center meeting room#3 at 6:00 p.m. David argel,Oy +on Emily Boone, ecretary 11/03/2015 L - 20