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HomeMy WebLinkAboutAgenda Packet 12/17/2019December 17, 2019 Port Angeles City Council Meeting Page 1 DECEMBER 17, 2019 City of Port Angeles Council Meeting Agenda City Council Chambers, 321 East 5th Street The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order – Special Meeting at 4:00 p.m. – 4:00-4:00 p.m. – Discuss Council Candidate Questions 4:30-5:30 p.m. – Interview Candidates 5:30-5:55 p.m. – To hold a closed Executive Session under authority of RCW 42.30.110(1)(h), to review the qualifications of a candidate for appointment to elective office. 5:55-6:00 p.m. – Council Appointment Call to Order – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Swearing In of New Council Member 2. Recognition of Outgoing Council Members C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Publi c Comment period and shall be concluded not later than 9:45 p.m. for the second Public Comment period. Individuals may speak for three minutes or less, depending on the number of people wishing to speak. If more than 20 people are signed up to speak, each speaker may be allocated two minutes (Council Rules of Procedure Section 12). D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve 1. Expenditure Report: From November 23, 2019 to December 6, 2019 in the amount of $358,174.85 / Approve ............ E-1 2. Sublease Agreement – Shared Storage Facility / Approve .............................................................................................. E-3 3. PSA-2019-11 Water System Modeling Support – Contract Amendment 01 / Approve .................................................. E-6 4. 2020-2021 Humane Society Services Agreement / Approve ........................................................................................... E-14 5. Stormwater Capacity Grant Agreement between Department of Ecology & City WQSWCAP-1921-PoAnPW-00101 / Approve............................................................................................................................................................................ E-26 6. Resolution Ratifying a Declaration of Emergency – Round Tree Road Water Main Repair / Pass Resolution .............. E-47 7. Amendment to Water Contract between City of Port Angeles and McKinley Paper Co / Approve. ............................... E-50 F. Public Hearings | 6:30 p.m. or Soon Thereafter ................................................................................................... None December 17, 2019 Port Angeles City Council Meeting Page 2 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. G. Ordinances Not Requiring Council Public Hearings 1. Proposed Adjustments to the Industrial Transmission 2020 Utility Rates / Conduct 1st Reading / Waive 2nd Reading / Adopt Ordinance ........................................................................................................................................................................ G-1 2. Correction to Previously Adopted Municipal Code Amendments to Increase Residential Building Capacity and Housing Diversity (PZ Application No. 19-67) / Conduct 1st Reading / Waive 2nd Reading / Adopt Ordinance .......................... G-10 H. Resolutions Not Requiring Council Public Hearings 1. Port Angeles School District Proposition 1 Resolution for and Against / Discussion ..................................................... H-1 I. Other Considerations 1. Legislative Priorities / Discussion ................................................................................................................................... I-1 2. Lodging Tax Advisory Committee Event Grant Recommendations / Information will be presented at the meeting 3. Council Committees, Council Community Outreach, and Council Compensation / Discussion .................................... I-5 J. Contracts & Purchasing 1. Peabody Creek Culvert – Professional Services Agreement PSA-2019-42 & Creek Presentation / Approve ................. J-1 2. Medical Equipment Purchases / Approve ........................................................................................................................ J-46 K. Council Reports L. Information City Manager Reports: 1. City Landscape Standards and Tree Stewardship as Referenced in the Strategic Plan.................................................... L-1 2. AIA / Update 3. Strategic Plan End of Year Update .................................................................................................................................. L-3 4. 2019 Annual Building Report .......................................................................................................................................... L-5 M. Second Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Publi c Comment period and shall be concluded not later than 9:45 p.m. for the second Public Comment period. Individuals may speak for three minutes or less, depending on the number of people wishing to speak. If more than 20 people are signed up to speak, each speaker may be allocated two minutes (Council Rules of Procedure Section 12). Adjournment LaTrisha Suggs Position: Letter of Interest, Vacant Port Angeles City Council Seat 1835 W 6th Port Angeles, WA, 98363 Profile I am a dynamic, grounded, dependable, honorable, and trustworthy hard worker. I strive to make decisions based on what is best for the whole group. I enjoy my job with Jamestown S’Klallam Tribe, as the Restoration Planner, I have been in the position for 2 years. This is an opportunity for me to present myself, a local enrolled native applicant, with necessary tools to engage as a team. I worked almost 16 years for Lower Elwha Klallam Tribe in environmental policy and planning. My job allowed me to develop and implement strong strategic business practices. I gained negotiation skills utilized for developing design and construction contracts, Annual Funding Agreements and Memorandum of Understandings. I acquired over 14 years of coordination skills with Washington State Congressional offices and staff to carry out requirements of the Elwha Fisheries and Ecosystem Restoration (EFERA) Act. The Elwha River Restoration office established TERO language for construction projects in both Tribal and Federal contracts. I gained experience participating in the update of the supplemental environmental impact statement (SEIS), participated in the Joint Aquatic Resource Permits Application (JARPA) process, and managed a multi-million dollar budget for tasks required under annual funding agreements. My job required participation in weekly construction meetings over a period of 4-5 years for the hatchery, levee, and wastewater facility. I have accumulated 10 years of supervisory experience managing design, construction and Title III contracts. I co- supervised the Tribes revegetation crew from 2002 through 2011. I provided administrative support required by annual funding agreements and stimulus funding reporting requirements, updated job descriptions, set up interviews, and coordinate new hire positions for job openings on the crew. I have experience coordinating and working with Tribal departments, staff and volunteers. Below is a list of notable events listed chronologically. Through these events I have shown the ability to foster success and leadership skills. In 2005, I was on the Paddle to Elwha committee and coordinated approximately 68 vendors for this event. In 2006 the National Park Service/ONP in conjunction with the Tribe hosted a salmon bake event for the National Leadership Council, over 100 people attended. In February 2010 the hatchery ground breaking event had 300 people in attendance. In 2011 the Tribe hosted signature events to celebrate dam removal. Through coordination of the committee a formal dinner Gala/Higher Education Fundraiser, a signature event, kicked started dam celebration events raised just over $10,000 dollars for higher education. The Heritage Center hosted an art exhibit focusing on the Elwha River, and on Saturday the Tribe hosted a community event at the Tribal Center. I coordinated the first “Meet and Greet” event at Camaraderie and continued the event for 4 years. This event brought together local leaders at the Port, County, and City. I coordinated the new fish hatchery naming contest and commissioned several pieces of art work to be owned by the Tribe. My proudest accomplishment was the development of the Elwha Sciences Education Program in conjunction with University of Western Carolina, Nature Bridge, and NPS. The project has been positively received by the community. This project was first developed in 2005 and ran continuously through 2016. In the beginning this was a year round program. After 4 years, and due to funding, the program became a resident summer camp for middle school and high school program. I coordinated the volunteer Elwha Science Education committee, where we worked to recruit students, follow-up with recruitment, and established cultural field trips such as cedar bark harvesting or measure snow levels at hurricane ridge pri or to summer resident camp. Middle school camp reached at its max 30 student s and high school camp would have up to 20 students. I wrote grants to the BIA to fund the Elwha Science Education program, and received funding 3 times to continue the program. Other funding sources included the National Park Service, and Olympic Park I nstitute. The Tribe also contributed to funding the program for one year. I implemented this program successfully for 11 years prior to my departure. Outside of my job I am a member of the Jamestown S’Klallam Tribe health committee. This position allows me to understand issues faced by Tribal Heath clinics. I am also a board member for the Jamestown Economic Development Authority, and a committee member of the Jamestown Cannabis Committee. I was a licensed Native foster home for about 10 years, and understand issue with ICWA. Due to my experience as a licensed foster home I am better informed regarding the foster care program, its strength and weaknesses, how to encourage and provide support for existing licensed homes and promoting the need for qualified native homes. As a single parent of three kids I understand the struggles faced being a single parent. I would make a strong asset to the City Council not only because of my experience, but because of my desire and love for our community. Considering me for the position will bring a person on board that is familiar with local, state and federal jurisdictions, the challenges, desires, and goals of the community. During my time with the Tribe I established healthy working relationships with staff from all the departments. I am dedicated to the long term success of the city of Port Angeles, local business, environmental protections, and citizens. I can hit the ground running with minimal training. I have the desire to continue to move the City in a forward thinking manner and become proactive rather than reactive. I imagine strong economic opportunities unique to this area, affordable housing, improved access to needed health care services, improved access to services to reduce homelessness, strengthening Tribal partnerships, and protection of environmentally sensitive areas. Experience/Employement Employment: 1985-1996 I have held numerous jobs since I was 15.5 years old such as working for Department of Transportation picking up litter along the highway, Burger King in Port Angeles, Naturalizer Shoes in Bellevue, a pet store in Bellevue, a telemarketer in Bellevue, Drive-In Pharmacy in Port Angeles (No longer in Existence), JC Penney’s in Port Angeles. 1996-1999 Doubletree by Hilton Hotel (formerly Redlion/Radisson Hotel) 83 East 120th Ave, Northglenn, Co, 80233 Supervisor: Trevor Nash (No longer employed at this location) 1998-1999 Temp Agency as a Dental Assistant, worked for numerous dental offices through-out Denver and Boulder area for about one year. 1999-2001 State Farm Insurance, Ray Gruver’s Office 210 E 7th, Port Angeles Washington 98362 (Work) 360-457-4567, Supervisor: Ray Gruver Position: Insurance Customer Service Rep 1999-2016 B&E Orthodontic Laboratory 122 W 5th St, Port Angeles, WA, 98363 (Work) 360-452-8259 Supervisor: Bart Eyckman Position: Lab Technician 2002-2016 Lower Elwha Klallam Tribe 2851 Lower Elwha Rd, Port Angeles, WA 98363 (Work) 360-452-8471 Supervisor: Rob Elofson Position: Assistant Director for Elwha River Restoration Department 2016-Current Jamestown S’Klallam Tribe 1033 Old Blyn Hwy Sequim, WA, 98382 Supervisor: Randy Johnson Position: Restoration Planner Internship: 2001-2002 Clallam County Community Development Researched on-site septic systems along the Dungeness river tributaries and prepared a report on potential systems of concern. Dungeness area experiences a high rate of closed shellfish beds due to high fecal coliform. My research helped to contribute to a better understanding of on-site septic system needs and policy guidance towards education of systems. Skills • Computer programs: MS Word, Excel, Access, Accu Fund, ArcMap 10.6, Photoshop, Power Point, Microix, ADP, eCivis grants Network, Adobe Acrobat/Reader, Outlook, Publisher, Sharepoint, • Proficient at typing and 10 key touch and typing • Knowledgeable on using office equipment (copier/fax/PDF/email, multi-line phone, table top or laptop computers) • Knowledgeable on Tribal Self Governance • Experience interacting with Congressional Delegation, County Commissioners and City of Port Angeles Council, and development of White Papers • Through my position at Lower Elwha I have worked directly with Legal Counsel for almost 16 years. • Administrative experience gained working for State Farm Insurance and for Lower Elwha Klallam Tribe. • Over 10 year’s supervisor experience. (see my profile above: Elwha Science, Contractors, and Revegetation Crew) • Land Acquisition experience (appraisals, environmental analysis, review appraisal, site mitigation, negotiations, and closing experience) • 18.5 years working for Tribal Government in Natural Resources • 1 year internship with Clallam County • Report Writing to meet grant requirements and or funding requirements • Developed Draft Conservation Stewardship Plan for Jamestown S’Klallam Tribe • Budget Development for O&M of levee, hatchery and Wastewater • 15 year experience formulating Annual Budget Development for Elwha Restoration Office • Proven ability to foster success as a leader • Self-motivating • Grant Writing & Grant Management Experience (BIA, WA State RCO and DOE) • Ability to work within and maintain healthy department budgets. • Ability to engage and connect with people • Ability to find solutions for success • Ability to think outside the box, remain focused on the issue that needs solved. • I am a familiar face for Tribal staff, local, state and Federal entities, which allows me to connect with those in the organization or those we are working with immediately. • Ability to communicate both verbally and written. • 280 hours of Federal Acquisition Training (See Certificates Below) Education/Certificates Education: • 1990-1992 Peninsula College • 1996-1998 Westminster Community College Associates of Science Degree (Transferred Grades to Peninsula College) • 1998 Peninsula College Associates of Arts Degree • 1998-2001 Western Washington University/Huxley Program Bachelors of Arts in Environmental Policy and Planning • 2018 Photoshop classes at Peninsula College Certificates: • 2002 Certificate of Completion, Contracting for Contracting Officer Technical Representatives, 40 hours of Training. • 2002 Certificate of Training/Completion, Introduction to Federal Contracting, 40 hours of training. • 2003 Certificate of Completion, Negotiation Techniques in Government Contracting, 40 hours of training. • 2003 Certificate of Training/Completion, Acquisition/Procurement Planning I, 80 hours of training. • 2003 Certificate of Training/Completion, Contract Formation I, 40 hours of training. • 2003 Certificate of Training/Completion, Contract Administration I, 40 hours of training. • 2006 Self-Governance Training, by Charles Wilkinson Law Professor 16 hrs • 2007 Potlatch Fund, Certificate of Completion, The Journey to Successful Fundraising • 2007 Certificate of Award, Furthering Goals of Tribal Credit Program, volunteering as an instructor, Horizons Committee • 2007 Certificate of Award, Volunteering your time as a guest speaker during Career Day • 2007 Certificate of Participation, Elwha on the Move, Paddle to Tahiti • 2008 FEMA IS-00100.a-Introduction to the incident command system • 2008 FEMA IS-00200.a-ICS for Single Resources and Initial Action Incidents • 2008 Falmouth Institute, Certificate of Training, Budgeting for Performance and Results for Tribal Organizations • 2008 Native American Resources, Certificate of Completion, Supervisory Skills for Managers of Tribal Programs • 2011 Certificate of Appreciation, Recognition of valuable contributions to LEKT for department most likely to work after hours. • 2011 Certificate of Appreciation, for at least 9 years of employment • 2013 Public Service Commendation, U.S. Dept of Commerce Economics and Statistics Administration, U.S. Census Bureau • 2018 ALICE Training (Active Shooter Training) /► The City of Port Angeles DEC 2 2019 City Council Application CITY OF PGR 1 ANGPLPA U1 I Y ULE 3K City Council Application Applicant Name and General Information Matthew S Rainwater First MI Last 536 W. 3rd ST Port Angeles, Wa. 98362 Address City State Zip Home phone Work phone Cell phone rh2oh2@gmail.com E-mail address Certification and Location Information Yes or No Are you employed by the City of Port Angeles?................................................................................................................................................................................Yes CM Are you a citizen of the United StatesZ............. ........ _.......... _........ ...................... ................................Yes No Areyou a Registered Voter?...................................................................-........................................................................................................................................................... 'es No Areyou a City resident?....._ .............. ... ..... .................................... .................... ,..................... :.........._....... _........... ® No Ifso, how lain .. . .................. _-__.......... ... ..... _.............. _..... _............ _....... _......................................................... 11 Years Doyou own/manage a business in the City?..........................................................................................................................................................................................Yes No Do you hold any professional licenses, registrations or certificates in any field? ........................... _............................................................... Yes No If so, please list: Are you aware of any conflict of interest which might arise by your service on the City Council? If so, please explain: � The City of Port Angeles I- Citv Council ApOication� IF Work or Professional Experience - List most recent experience first, or attach a resume US Border Patrol Employer Protect and defend the borders of the United States, as well as enforce all applicable federal laws. Brief job description US Army Employer Protect and defend the United States from all enemies foreign and domestic. Brief job description Employer Brief job description Education — List most recent experience first Carrollton High School Yes Vo Institution/Location Degree earned/Major area of Study Graduated? Yes No Institution/Location Degree earned/Major area of Study Graduated? Yes No Institution/Location Degree eamed/Major area of Study Graduated? Charitable, Social and Civic Activities and Memberships — List major activities you have participated in during the last five years Pennies For Quarters: We are building transitional housing for the homeless veterans in our area. Organization/Location Group's purpose/objective am the president and founder Brief description of your participation Port Angeles Business Association Business Advocacy/Networking Organization/Location Group's purpose/objective 2017 Board Vice President, 2018 Board President Brief description of your participation The Ci of Port Angeles g Cit y Council Application Questions 1. Why are you interested in serving on the Port Angeles City Council? I believe the potential for the city's future is great, and I want to be a part of the management of the arowth. I believe the City Council needs to have a variety of viewpoints on it. Too often we get into an "echo chamber" and only listen to those who agree with us. It is by having a diversity of view points where we can achieve the greatness this city is capable of. 2. What is your background or experience do you think would help you in serving on the City Council? have been responsible for the management of millions of dollars worth of assets as part of my current job. Also, as the founder of a nonprofit I understand the need for cooperation and building partnerships to achieve a common goal. It would be my goal to help the city manage its growth efficiently, while reflecting the values of all of its citizens. 3. What is your understanding of the responsibilities of the City Council? The purpose of the City Council is to strive to reach the full potential of its citizens. I belive it does that by ensuring laws are enforced, regulations are limited to only what is needed, taxes are minimized, and by empowering its citizens to be able to reach their fullest potential. We must also allow for growth, and promote it, by not over regulating it, while ensuring our environment is not trampled on. 4. Please fee free to add any additional comments you wish to make regarding your application. See attached. 12- r2 / tpp icaut Signature Date Submit completed forms to: Office of the City Clerk Kari Martinez -Bailey City of Port Angeles 360-417-4634 321 East 5' Street kmbailey@cityofpa.us Port Angeles, WA 98362 In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at 360-417-4500 so appropriate arrangements can be made. This document and all attached information is considered a public record and may be distributed to members of the City Council for appointment consideration. Additionally, it may become a part of a City Council packet. Matthew Rainwater 536 W. 311 St. Port Angeles, Wa. 98362 rh2oh2@gmail.com December 2, 2019 Port Angeles City Council City of Port Angeles 321 East 5th St. Port Angeles, Wa. 98362 Dear Mayor Bruch, Deputy Mayor Dexter and Councilmembers, I am writing you today to express my interest in being appointed to the Port Angeles City Council, filling the seat left vacant by the passing of Jim Moran. The loss of Jim's voice on the City Council will be felt for years to come. Due to his experience as a Veteran, and all his work in the community through his volunteer efforts, he had a unique perspective on the needs of the community. His ability to voice those concerns and urge practical solutions to issues facing the citizens of Port Angeles should not be forgotten. know I would not be able to fill the incredibly big shoes left vacant by Jim. However it is my desire to be a likeminded voice in his seat. As an Army Veteran with a daughter currently serving in an Active Duty Status with the United States Marines, I would continue to bring that perspective to the council. Furthermore, as the former president of the "Light up the Lincoln" theater project and the founder/president of "Pennies for Quarters" while working a fulltime job. I feel I am well suited to continue the voice of Jim's love for this community and volunteering to help all those that live here. Throughout my life, my jobs have all reflected my desire to serve, and to serve by leading. It is my hope to continue that servant leadership and to work with all people, from all walks of life, to make where we live the greatest it can be. With all the challenges facing our community, I know that, by working together, we can overcome them and provide the means for Port Angeles to not only grow, but to thrive. Respectf Matthew Rainwa er Port Angeles, Wa. The City of Port Angeles Citv Council ADolication City Council Application Applicant Name and General Information First Last DEC Address City State Zip Home phone Work phone Cell phone s (. tU-c— Cu E-mail address Certification and Location Information 6 2019 Yes or No Are you employed by the City of Port Angeles?.__...._.._..,_"..W__..,:. . Yes No Are you a citizen of the United States? ._:::_.- _:_........._... W..W:_.._ ...-_ ___._... _ _ _�.._ _ _--_---_.._ Yes No Are you a Registered Voter?. ................. ..........__ , ......W.,..__ _.._ .. _::...: _:::_.:..w Ycs No Are you a City resident?._._ ..Yes No If so, how long. 410 t Y_( S Do you. own/manage a business in the City?..........................................................................................._........----........_. _._... ----- - ----- __ - - ,_----- Yes Nfl Do you hold any professional licenses, registrations or certificates in any field?....... ____.._....__.._ ._...___Yes No If so, please list: Are you aware of any conflict of interest which might arise by your service on the City Council? If so, please explain: ! I �. fa M MZFIIZI�A�� iThe'City��U--r! of Port Angeles ilrCit Council Application Work or Professional Experience - List most recent experience first, or attach a resume Employer L . O< ,0n J Brief job description 1 Employer J �- l` V Brie[fjjobJ�description l ►1 J1 ��-V CJS C)D �� Employer -T rvL,�t 0 Ss� ) Q - Brief job description Education — List most recent experience first Graduated? el IN' _ CO 1 Yes No Institution/Location Degree earned/Major rea of Study Graduated? lkSno-�e—s Yes No Institution/Location Degree earned/Major area of Study Graduated? Yes No Institution/Location Degree earned/Major area of Study Graduated? Charitable, Social and Civic Activities and Memberships — List major activities you have participated in during the last five years Organization/Location Group's purpose/objective Brief description of your participation Organization/Location Group's purpose/objective Brief description of your participation A Questions 1. Why are you The City of Port Angeles City Council Application in serving on the Port Angeles City Council? bi C wnat is your nacxgrouna or experience (to you tnmx woula neap you in serving on the city UouncllY 3. What is your understanding of the responsibilities of the City Council? G 4. Please fee free to add any additional comments you wish to make regarding your application. 1 In; S Applicant Signatt4e Date Submit completed forms to: Office of the City Clerk City of Port Angeles 321 East 5"' Street Port Angeles, WA 98362 Kari Martinez -Bailey 360-417-4634 kmbailey@cityofpa.us In compliance with the Americans with Disabilities Act, if you need special accommodations because of a physical limitation, please contact the City Manager's Office at 360-417-4500 so appropriate arrangements can be made. This document and all attached information is considered a public record and may be distributed to members of the City Council for appointment consideration. Additionally, it may become a part of a City Council packet. Michael Merideth 3929 Solar Ln Port Angeles WA 98362 December 3, 2019 City Clerk Office City of Port Angeles 321 E. Fifth Street Port Angeles, WA 98362 Attn: Kari Martinez -Bailey, City Clerk Dear Ms. Martinez -Bailey, RE: Letter of Interest DEC 6 209 Y OF i�iORT Ai�GELES r.IYY ME -RK I would like to be considered for the open position (#1), vacated by my colleague, the late Mr. Moran. As you know, I have been on the city council for the last four years. This makes me uniquely qualified. It would simply extend my position on the council for the two years remaining on Mr. Moran's term. As a current city councilmember, I understand the issues, procedures, and have the experience that any other incoming candidate would surely lack. I am the best candidate for the position, and want to continue my service to our community. In the last four years I have established a good relationship with staff. And, most important, I have an excellent rapport with the community. I believe my continuing on for two more years would benefit our community with a sense of secure leadership with four seasoned councilmembers at the helm. Thank you for your time and consideration. Sincerely, M a__k� Michael Merideth li I ORT NGY LES �' WAS H I N G TO N, U. S. A. MEMO December 17, 2019 Finance Department We, the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise and/or services herein specified have been received and that these claims are approved for payment in the amount of Sarina Carrizosa Finance Director $358,174.85 this 17th day of December, 2019. Trina McKee Senior Accountant MarySue French Senior Accountant Mayor City Manager Linda Kheriaty Financial Systems Analyst Melody Schneider Management Accountant Micah Rose Financial Analyst Jane Perkins Payroll Specialist Julie Powell Accounting Technician Jason Jones Accounting Technician Nicole Blank Administrative Analyst Kathyellen Haney Customer Services Manager Tracy Rooks Utility Billing Specialist City of Port Angeles City Council Expenditure Report Between Nov 23, 2019 and Dec 6, 2019 Vendor Description Account Number Amount MISC TRAVEL BRAUDRICK-PAW BOOTCAMP 001-4060-558.43-10 296.50 Planning Division Total:$296.50 Community Development Department Total:$296.50 MISC TRAVEL B SMITH-WASPC CONF 001-5010-521.43-10 82.50 MALONE-WASPC CONF 001-5010-521.43-10 156.00 Police Administration Division Total:$238.50 MISC TRAVEL ARAND-INTERVIEWS CASE 201 001-5021-521.43-10 16.50 DROPP-FAA DRONE CERT 001-5021-521.43-10 387.07 Investigation Division Total:$403.57 Police Department Total:$642.07 General Fund Fund Total:$938.57 MISC TRAVEL COLEMAN-TYLER NW USER GRO 107-5160-528.43-11 60.00 CRAIG-STATE E911 ADVISORY 107-5160-528.43-11 165.80 HOMAN-TYLER NW USER GROUP 107-5160-528.43-11 121.28 Pencom Division Total:$347.08 Pencom Department Total:$347.08 Pencom Fund Total:$347.08 MISC TRAVEL NICHOLS-NWPPA ADMIN TRAIN 401-7180-533.43-10 115.50 Electric Operations Division Total:$115.50 Public Works-Electric Department Total:$115.50 Electric Utility Fund Total:$115.50 MISC TRAVEL DIVELBISS-EFFLUENT SAMPLE 403-7480-535.43-10 17.75 RICHMOND-EFFLUENT SAMPLE 403-7480-535.43-10 17.75 WALDRON-EFFLUENT SAMPLE D 403-7480-535.43-10 17.75 Wastewater Division Total:$53.25 Public Works-WW/Stormwtr Department Total:$53.25 Wastewater Utility Fund Total:$53.25 MISC TRAVEL SAGE-DELIVER GROUNDWATER 404-7585-537.43-10 13.75 PAYNTER-PICK UP PARTS FOR 404-7585-537.43-10 13.75 PAYNTER-RETURN PARTS TO H 404-7585-537.43-10 13.75 SAGE-DELIVER LEACHATE SAM 404-7585-537.43-10 13.75 Solid Waste-Landfill Division Total:$55.00 Public Works-Solid Waste Department Total:$55.00 Solid Waste Utility Fund Total:$55.00 MISC TRAVEL BRADLEY-WA ST PLAN REVIEW 406-7412-538.43-10 13.75 Page 1 of 2 Dec 11, 2019 8:53:00 AMDecember 17, 2019 E - 1 City of Port Angeles City Council Expenditure Report Between Nov 23, 2019 and Dec 6, 2019 Vendor Description Account Number Amount MISC TRAVEL VESS-WA ST PLAN REVIEW TR 406-7412-538.43-10 13.75 Stormwater Division Total:$27.50 Public Works-WW/Stormwtr Department Total:$27.50 Stormwater Utility Fund Total:$27.50 MISC TRAVEL KAJFASZ-CLASS-LIGHT/HUMAN 421-7121-533.43-10 75.25 Conservation Division Total:$75.25 Public Works-Electric Department Total:$75.25 Conservation Fund Total:$75.25 HSA BANK Service Fee 503-1631-517.41-50 332.50 PAYROLL SUMMARY 503-1631-365.90-20 3,000.00 Other Insurance Programs Division Total:$3,332.50 Self Insurance Department Total:$3,332.50 Self-Insurance Fund Total:$3,332.50 AFLAC PAYROLL SUMMARY 920-0000-231.53-11 192.31 PAYROLL SUMMARY 920-0000-231.53-12 836.16 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 19,260.98 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 90,639.86 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 82,682.96 HSA BANK PAYROLL SUMMARY 920-0000-231.52-40 4,496.41 ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 21,345.66 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 1,647.90 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 29,213.55 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 253.84 PERS PAYROLL SUMMARY 920-0000-231.51-10 1,353.44 PAYROLL SUMMARY 920-0000-231.51-11 15,628.67 PAYROLL SUMMARY 920-0000-231.51-12 85,678.46 Division Total:$353,230.20 Department Total:$353,230.20 Payroll Clearing Fund Total:$353,230.20 Total for Checks Dated Between Nov 23, 2019 and Dec 6, 2019 $358,174.85 Page 2 of 2 Dec 11, 2019 8:53:00 AMDecember 17, 2019 E - 2 Date: December 17, 2019 To: City Council From: Brian S. Smith, Chief of Police Subject: Sublease Agreement-Shared Storage Facility Background / Analysis: This shared facility and sublease cooperative arrangement has been in effect between the Clallam County Sheriff and the Port Angeles Police Department for over 5 years. This agreement renews the prior agreement and maintains existing terms. It benefits both the Sheriff’s Department and the Police Department to store certain property and evidence items in o ne location. The Police Department does not have an alternative location that is feasible given the requirements for onsite security and monitoring, accreditation standards and cost. Funding: Account 001-5022-521-49.90 has in the 2020 budget the amount of $8,010.60 to cover this expense. This is identical to the amount that was budgeted in 2019. The Police Department pays the Clallam County Sheriff once a year for the use of this shared storage facility. Summary: The Clallam County Sheriff has leased a 7,000 square foot facility and the Police Department occupies 1/3rd of the space per a prior agreement. The City has sublet from the County at a rate of $667.55 per month. This agreement renews the sublease and existing terms through December 31, 2020. The utilities are paid by the County. The County maintains custody and control over all property and vehicles maintained at the facility. The Police Department has access to the facility upon coordination with the Sheriff’s Office Property and Evidence Manager or Chief Civil Deputy. Funding: The Police Department has in the 2020 City Budget in account 001-5022-521-49.90 the amount of $8,010.60 (which is the annual cost of the space allocated to the Police Department). Actions: N/A Recommendation: Authorize the City Manager and Chief of Police to sign the sublease agreement with Clallam County. December 17, 2019 E - 3 SUBLEASE BETWEEN CITY OF PORT ANGELES and CLALLAM COUNTY SHARED STORAGE FACILITY THIS AGREEMENT is entered into this ____ day o f __________, 2019, by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as “City”) and Clallam County, a political subdivision of the State of Washington (hereinafter referred to as “County”). THE PURPOSE OF THIS AGREEMENT IS TO memorialize the terms under which the County will sublet a portion of a leased warehouse to the City for the purpose of co -locating property and vehicle storage. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: LEASE The County Sheriff’s has leased a 7,000 square foot facilit y and the City will occupy 1/3rd of the space. The City will sublet from the County at a rate of $667.55 per month for the period of January 1, 2019 through December 31, 2020. The utilities will be paid by the County. The County will maintain custody and control over all property and vehicles maintained at the facility. The City will have access to the facility upon coordination with the Sheriff’s Office Property and Evidence Manager or Chief Civil Deputy. INDEMNIFICATION The City will defend, indemnify and hold harmless the County, its officers, employees, and agents from and against any and all costs, claims, demands, judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of the City, its officers or employees in performing this agreement. Likewise, the County will defend, indemnify and hold harmless the City, its officers, employees, and agents from and against any and all costs, claims, demands, judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of the County, its officers or employees in performing this agreement. DURATION This Agreement shall be in effect for the period of January 1, 2019 through December 31, 2020. CONTACT PERSONS The City and the County will each appoint a representative who will be responsible for the administration of this Agreement. Unless otherwise designated in writing, the City contact person will be the City’s Chief of Police. The County contact perso n will be the Sheriff’s Office Chief Civil Deputy. COMPENSATION The City has appropriated that public funds be expended to meet this storage need. The source of funds is the City budget. Funds for payment of services to be rendered under this agreement will be available for this purpose. The County will not be obligated to perform services, for which timely payment is not received. December 17, 2019 E - 4 The City will provide a Payment Authorization Form releasing the County from the need to send a monthly invoice. Payment will be submitted to the County automatically once a month as per the Agreement amount. AGREEMENT ALTERATIONS AND AMENDMENTS The City and the County may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the City and the County. TERMINATION Except as otherwise provided for in this agreement, either party may terminate this agreement upon thirty (30) days written notice. If this agreement is so terminated, the terminating party shall be liable only for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. In the event of termination, the parties agree that any property acquired in connection with this agreement shall remain the property of the party who acquired such property. DISPUTE RESOLUTION In the event that a dispute arises under this agreement, it shall be determined in the following manner: The City shall appoint a member to the Dispute Board. The County will appoint a member to the Dispute Board. The City and the County will jointly appoint a member to the Dispute Board. In the event the City and County are not able to jointly agree on a third member to serve on the Dispute Board, either party may petition the Superior Court for Clallam County to appoint a third member to the Dispute Board. The Dispute Board shall evaluate and adjudicate the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. COMPLETE EXPRESSION This agreement, and any written attachments or amendments thereto, constitutes the complete agreement of the parties and any oral repr esentations or understandings not incorporated herein are excluded. ALL WRITINGS CONTAINED HEREIN IN WITNESS WHEREOF, the City of Port Angeles and Clallam County have signed this agreement as of the date and year written below. _______________________________ __________________________________ Brian S. Smith, Chief of Police W. L. Benedict, Sheriff Port Angeles Police Department Clallam County Sheriff’s Office Date: __________________________ Date: _____________________________ ________________________________ __________________________________ Nathan West , City Manager Mark Ozias, Chair City of Port Angeles Board of Clallam County Commissioners Date: ___________________________ Date: _____________________________ Approved as to Form: Approved as to Form: __________________________________ __________________________________ William E. Bloor, City Attorney Clallam County Prosecutor’s Office December 17, 2019 E - 5 Date: December 17, 2019 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: PSA-2019-11 Water System Modeling Support – Contract Amendment 01 Background / Analysis: In conjunction with the City’s 2018 Water System Plan update, the City upgraded its water system model. This water system model is used for planning, evaluation and confirmation of water system improvement requirements for City water capital projects, proposed developments, and construction projects. To verify accuracy of this system model, a calibration was necessary. The City advertised a Request for Qualifications (RFQ) for model calibration, model updates, and unidirectional flushing support. RH2 Engineering Inc. was selected as the most qualified firm to provide this service and the City entered into a 1-year Professional Services Agreement (PSA-2019-11) expiring on December 31, 2019, for a scope of work dedicated to model calibration. Now that the model has been calibrated, Public Works staff recommend extending the PSA an additional year to complete some of the other outstanding water system needs, specifically, to develop and perform a Unidirectional Flushing (UDF) program. UDF is a process of cleaning water mains by strategically flushing water in a single direction through the mains. This process is different than the City’s standard water system flushing program in that the water system model is used to target critical sections of pipe and water valves are exercised in a specific sequencing to ensure high velocity scour/cleaning. This technique is effective at restoring hydraulic performance as well as removing unwanted tastes, odors, and discolorations at the tap. This Agreement also includes a Technical Assistance/Directed Services task which provides for engineering and technical support for water modeling support. Under this task the City and RH2 will negotiate the scope of work, fees and formalize the agreement in a Directed Services work order. Summary: Putting to work the City’s recently calibrated water system model, the staff recommends performing a Unidirectional Flushing Program on the water distribution system. This program will increase efficiency of water main cleaning and water system performance. Funding: Funds necessary to complete the work were approved in the 2020 budget and allocated in the Water Utility Professional/Contract Services Account (402-7380-534-4150). This amendment will increase the not-to-exceed PSA amount by $60,000.00 and have a new expiration date of Dec. 31st, 2020. Recommendation: Approve and authorize Amendment 01 to the 2019 Water System Modeling Support Professional Service Agreement with RH2 Engineering, Inc., increasing the total contract value by $60,000 to a new not to exceed amount of $84,000, adding a task to develop a Unidirectional Flushing Program, and extending; the agreement expiration date; and authorize the City Manager to sign and execute the Amendment and to make minor modifications to the agreement, as necessary. December 17, 2019 E - 6 Professional Services Rationale: The tasks supported by this Professional Services Agreement require personnel with specialized civil and water engineering knowledge, the City does not currently retain in-house. For this reason, the City is seeking outside support. Funding Overview: The current PSA includes a not-to-exceed budget of $24,000.00; 95% of which has been expended in 2019 on calibrating the City’s water system model. In anticipation of implementing a UDF program in 2020, an additional $60,000.00 was budgeted in the 2020 Water Utility Professional/Contract Services Account (402-7380-534-4150). December 17, 2019 E - 7 AMENDMENT NO. 1 TO THE SERVICE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND RH2 ENGINEERING, INC. PSA-2019-11 RELATING TO: WATER SYSTEM MODELING SUPPORT SERVICES THIS AMENDMENT NO. 1 is made and entered into by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the “CITY”) and RH2 Engineering, Inc., a Washington corporation authorized to do business in the State of Washington (hereinafter called the “CONSULTANT”). NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on 6/5/19, (the AGREEMENT). SECTION 2 I EXTRA WORK The amended scope of professional services to be performed and the results to be achieved by the CONSULTANT pursuant to the AGREEMENT shall be amended to include the attached Exhibit A to Amendment l. The extra work in Exhibit A are in addition to the Tasks in Exhibit A – Scope of Services in the original Agreement. The Scope of Services shall include all services and material necessary to accomplish the work. II TIME OF PERFORMANCE The Time of Performance is to be extended; the work for all Tasks shall be completed by December 31, 2020. III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement for this Amendment are stated in the attached Exhibit B1 of this Amendment. The maximum compensation amount, referenced in Section VI of the Agreement, is amended from $24,000 to $84,000, an increase of $60,000. The December 17, 2019 E - 8 budget for any Task may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation amount of $84,000 is not exceeded. IV EXHIBITS AND SIGNATURES This Amendment together with the original Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by written amendment executed by both parties. The following exhibits are hereby made part of the Amendment. Exhibit A – Scope of Work Exhibit B – Budget Summary Exhibit C – 2020 Consultant Time Plus Expense Rate Schedule SECTION 3 Except as modified herein, the original AGREEMENT is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date and year of the last signature affixed below. CITY OF PORT ANGELES By: _______________________________ RH2 ENGINEERING INC. By:________________________________ City Manager Date:______________________________ Printed Name: _______________________ Title:_______________________________ ATTEST: ___________________________________ City Clerk Date:_______________________________ APPROVED AS TO FORM: ___________________________________ City Attorney December 17, 2019 E - 9 EXHIBIT A Scope of Work City of Port Angeles Amendment No. 1 Water System Modeling Support Services December 2019 Background This Scope of Work includes tasks to prepare a unidirectional flushing program. The City of Port Angeles (City) water system does not currently have a standard unidirectional flushing program that describes the City’s flushing goals and presents a strategy for achieving them. Unidirectional flushing forces water through the system in a controlled fashion at velocities sufficient to provide a scouring action within the distribution piping. Development of and adherence to a unidirectional flushing program will help the City to maintain a higher level of water quality throughout the distribution system and is more efficient than conventional flushing programs. This Scope of Work also provides hydraulic modeling services to the City as necessary. Such work shall include hydraulic analyses and other services not expressly identified. Work will not be performed by RH2 Engineering, Inc., (RH2) on Task 2 without written authorization by the City. Task 1 – Unidirectional Flushing Program Objective: Prepare a unidirectional flushing program for the City’s water system. Approach: 1.1 Update the hydraulic model with the location of existing gate valves and hydrants in the system for use in preparing the unidirectional flushing program. 1.2 Coordinate with the City to identify the goals for the unidirectional flushing program, including minimum velocity, sensitive customers, and areas of concern. 1.3 Develop a unidirectional flushing program to meet the established goals. Generate flushing field report sheets showing flushing hydrant(s) and closed valve(s), where applicable, for each hydrant flushing location. 1.4 Develop field map books and a supporting Google Earth file to be used in combination with flushing field report sheets to identify locations for performing hydrant flushing. 1.5 Prepare a summary of the unidirectional flushing program in a technical memorandum. 1.6 Meet with the City to review the draft unidirectional flushing program technical memorandum. 1.7 Finalize the technical memorandum based on review comments from the City. December 17, 2019 E - 10 RH2 Deliverables: • Unidirectional flushing program field report sheets, field map books, supporting Google Earth file, and technical memorandum. Task 2 – Water System Modeling Directed Services Objective: Provide engineering services at the specific direction of authorized City staff. Approach: 2.1 Provide engineering services at the specific direction of authorized City staff. Such services shall include, but are not limited to: reviews of its water system for proposed developer extensions; hydraulic analyses; and other services not yet expressly identified. Subsequent written authorizations will be developed by RH2 for f uture work on an as-needed basis. Deliverables will be requested by the City at the time that notice to proceed is granted for a given task. Deliverables: • As requested by the City. December 17, 2019 E - 11 EXHIBIT B Fee Estimate City of Port Angeles Amendment No. 1 Water System Modeling Support Services Dec-19 Description Total Hours Total Labor Total Expense Total Cost Classification Task 1 Unidirectional Flushing Program 227 36,883$ 6,642$ 43,525$ Task 2 Water System Modeling Directed Services 86 14,062$ 2,412$ 16,474$ PROJECT TOTAL 313 50,945$ 9,055$ 60,000$ \\rh2-118.corp.rh2.com\Project\Data\PA\119-077\00 Contract\Amend No. 1\Amend_No. 1_FEE_On Call Water System Modeling.xlsm 12/9/2019 1:58 PMDecember 17, 2019 E - 12 RATE LIST RATE UNIT Professional I $149 $/hr Professional II $163 $/hr Professional III $179 $/hr Professional IV $191 $/hr Professional V $206 $/hr Professional VI $219 $/hr Professional VII $238 $/hr Professional VIII $244 $/hr Professional IX $244 $/hr Control Specialist I $135 $/hr Control Specialist II $147 $/hr Control Specialist III $161 $/hr Control Specialist IV $174 $/hr Control Specialist V $185 $/hr Control Specialist VI $198 $/hr Control Specialist VII $214 $/hr Control Specialist VIII $222 $/hr Technician I $112 $/hr Technician II $122 $/hr Technician III $139 $/hr Technician IV $150 $/hr Technician V $163 $/hr Technician VI $179 $/hr Technician VII $194 $/hr Technician VIII $204 $/hr Administrative I $74 $/hr Administrative II $86 $/hr Administrative III $103 $/hr Administrative IV $122 $/hr Administrative V $140 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11"$0.09 price per copy Copies (bw) 8.5" X 14"$0.14 price per copy Copies (bw) 11" X 17"$0.20 price per copy Copies (color) 8.5" X 11"$0.90 price per copy Copies (color) 8.5" X 14"$1.20 price per copy Copies (color) 11" X 17"$2.00 price per copy Technology Charge 2.50%% of Direct Labor Mileage $0.58 price per mile (or Current IRS Rate) Subconsultants 15%Cost + Outside Services at cost EXHIBIT C RH2 ENGINEERING, INC. 2020 SCHEDULE OF RATES AND CHARGES Rates listed are adjusted annually. December 17, 2019 E - 13 Date: December 17, 2019 To: City Council From: Brian S. Smith, Chief of Police Subject: 2020-2021 Humane Society Services Agreement Summary: The City of Port Angeles contracts with the Olympic Peninsula Humane Society (OPHS) for certain animal control services. OPHS and the City had both a 3-year services agreement for 2015 through 2017 and a 2-year services agreement for 2018 and 2019. The current 2-year agreement has a provision for a month to month extension with the consent of both parties. The 2018 and 2019 annual service agreement provided for annual compensation of $65,000.00 for OPHS. Staff recommends continuing that compensation for 2020 and through 2021. Funding: Funding for this agreement is reflected in the Police Department 2020 Budget that was approved by City Council in December of 2019. Recommendation: Approve and authorize the City Manager to sign a 2020 through 2021 Services Agreement, Background/Analysis: OPHS has historically provided some animal control services. In 2014 OPHS agreed to continue with the provision of certain animal control services. The 2015 through 2017 agreement was negotiated by both parties, was reviewed and approved by the City Attorney’s Office and approved by City Council and the OPHS Board of Directors. Compensation for 2015 per the agreement was $53,325.00 and compensation for 2016 through 2019 was $65,000.00 yearly. Staff believes that continuing the compensation at the current rate is reasonable and provides a fair value to the City. Funding Overview: Funds for 2020 agreement are reflected in the Police Department Council approved budget (001-5012-521-41-50). Attachments: Services Agreement December 17, 2019 E - 14 1 SERVICE AGREEMENT THIS AGREEMENT is entered into between the City of Port Angeles, a municipal corporation of the State of Washington, (hereinafter called "City) and OLYMPIC PENINSULA HUMANE SOCIETY of: 1743 Old Olympic Highway, Port Angeles, WA 98362 (hereinafter called "Contractor"). This Agreement is comprised of: [ X ] Attachment "A" - Scope of Work. [ X ] Attachment "B" - Compensation. [ X ] Attachment "C" - General Conditions. [ X ] Attachment "D" - Special Terms and Conditions. copies of which are attached hereto and incorporated herein by this reference as if fully set forth. This Agreement sets forth and memorializes the terms and services provided beginning on the 1st day of January 2020, and shall, unless terminated as provided elsewhere in the Agreement, expire on the 31st day of December 2022, except that the agreement may continue on a month-to-month basis beyond December 2022 with the consent of both parties. The City Project Manager responsible for the administration of this Agreement shall be the Police Chief. IN WITNESS WHEREOF, the parties have executed this Agreement on this ______ day of ________________, 2019. OLYMPIC PENINSULA HUMANE SOCIETY CITY OF PORT ANGELES ______________________________ __________________________________ ______________________________, Chair Nathan West, City Manager ATTEST: APPROVED AS TO FORM: ______________________________ By: _______________________________ Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney December 17, 2019 E - 15 2 PERSONAL SERVICES AGREEMENT ATTACHMENT "A" SCOPE OF WORK Animal Sheltering 1. Shelter Facilities: The Contractor shall furnish and maintain shelter facilities and necessary equipment for handling stray or impounded dogs and cats and animals brought to the Contractor pursuant to the provisions of this agreement by the City; and dogs and cats brought to the Contractor by the public residing in the City limits. These facilities shall include, but not be limited to the following: A. Dog and cat kennels (minimum 20 dog and 25 cat kennels). B. An isolation room having a complete covered kennel for dangerous dogs impounded, and rabies quarantine. C. A separate room for storing dog, cat and other sheltered animal’s food. D. Facilities for the humane disposal of sick, injured and dead animals. E. Secure and accessible after-hours receiving areas for animals brought to the shelter by the City. F. An external security fence at a minimum of 6’ in height. The Contractor shall properly maintain the facilities and equipment in a clean and sanitary manner and will not permit any condition to exist that would constitute a public nuisance. 2. Hours of Operations: The Contractor shall, as a minimum requirement, keep the shelter facilities open to the public a minimum of 22.5 hours per week, or other such hours as approved by the City Project Manager. Such hours shall be posted. During the hours that shelter facilities are not open to the public, Contractor shall supply City law enforcement, or City Project Manager’s designees, with gate and door access codes for entry into the shelter. 3. Receipt and Care of Animals: The Contractor shall accept and care for all dogs and cats and animals brought to the shelter pursuant to the provisions of this agreement, by the City, and by the residents of the City, provided, however, the Contractor shall not be obligated to accept a dog, cat, or other animal if (1) acceptance of that animal into the shelter will create a serious health risk or, (2) a serious health risk exists in the shelter, or (3) place the shelter over capacity and the Contractor has attempted to relieve such condition by alternate placement of animals with other suitable agencies. In any such event, Contractor shall notify City. The Contractor shall hold them and properly care for them pursuant to applicable sections of Port Angeles Municipal Code Chapter 7. The Contractor may destroy any animal only pursuant to applicable sections of Municipal Code Title 7. The Contractor shall give the best reasonable care and treatment to all animals in its custody and control, making certain they are comfortably housed and adequately fed and watered. Animals received by the shelter during non-business hours shall be officially cared for as soon as feasible. The Contractor shall maintain a record of each animal received under this agreement. At a minimum, such record shall consist of the type of animal, the beginning and ending dates of housing, , the name, address and telephone number of the owner or person bringing in the animal, the approximate location where the animal was found, and the disposition of the December 17, 2019 E - 16 3 animal. The Contractor shall submit a report containing this information to the City at the end of each year with quarterly reports available upon request. The report will be submitted to Brian Smith, Chief of Police via email at BSmith@CityofPA.us. Any change in the email address or recipient shall be communicated to Contractor in writing. The Contractor shall be responsible to make reasonable attempts, and with due diligence, to identify and contact the animal owner as soon as possible after the animal is housed by the Contractor and prior to destruction or adoption of the animal. The Contractor shall make every reasonable effort to find suitable homes for each adoptable animal received. 4. Records of Lost and Found Animals: Reports of lost or found animals from City citizens will be referred directly to the Contractor. The Contractor shall make information concerning lost and found animals available to citizens requesting the information. The Contractor shall use due diligence in making every reasonable effort to compare unidentified City animals to the lists and to return animals which appear to be from the list, to their owners. 5. Staff: A. The Contractor shall be registered to perform euthanasia by lethal injection, in accordance with RCW 69.50.310, and shall employ or contract with a minimum of one qualified handler. In addition, Contractor shall comply with all written policies and procedures required by the Washington State Department of Health, including WAC Chapter 246- 886, as it may be revised, together with requirements for training, recordkeeping, and security. B. The Contractor shall maintain telephone service and office personnel necessary for receiving inquiries from City residents with respect to animals impounded or delivered to the Contractor. C. The Contractor shall ensure that all of its employees act in a professional and businesslike manner and that no rude or unseemly actions or attitudes are tolerated in their day-to-day dealings with the public. D. The Contractor shall provide adequate training to its employees to satisfactorily perform the obligations of this agreement. 6. After Hour Cages/Animals Left After Hours: If the Contractor maintains after-hours cages that are available to the public or animals are left at the shelter during non-business hours, those animals that cannot be specifically identified as coming from City residents, shall not be counted as City animals. The City of Port Angeles agrees that charges for unidentified animals shall be charged in the same proportion as animals that are identifiable as County, Sequim, or Port Angeles billable animals on an annual basis. 7. Fees: The Contractor may collect fees as listed in PAMC 3.70.120(C). Any changes to fees shall be approved by the City Council prior to implementation. See attached fee document with noted differences. December 17, 2019 E - 17 4 8. Animal Traps: The Contractor shall furnish and maintain a suitable number of traps for the live capture of animals and loan said traps to City residents upon request. At a minimum, the Contractor shall maintain four (4) cat traps, one (1) dog trap, one (1) skunk trap, and four (4) raccoon traps. At the time of the loan, the Contractor shall instruct the residents on the proper use of traps and the proper care and handling of the captured animals. The Contractor may collect a deposit and/or fee as agreed between the Contractor and the City. Animal Licenses 1. Issuance of Licenses: The Contractor is responsible for administration of the animal licensing program and will collect and retain all fees under PAMC 3.70.120(A). Yearly licenses shall expire at the end of the calendar year. Lifetime licenses do not expire. 2. Maintenance of License Recording System: The Contractor shall maintain a computerized license system in a current status and shall provide reports to the City Project Manager as requested which will include a listing of all current animal licenses. The Contractor shall maintain the system for licenses sold by the Contractor or the City, 3. Supplies. The Contractor shall purchase and maintain sufficient license forms and tags and shall distribute them, free of charge, to other license vendors upon request. 4. Public Education. The Contractor shall develop programs and activities intended to increase compliance with license requirements by City residents. The Contractor shall, at least annually, send out license renewal notices to encourage current license adherence. SERVICE AGREEMENT ATTACHMENT "B" COMPENSATION 1. Compensation for Sheltering: A. The City shall pay to the Contractor the amount of $16,250.00 for each quarter of 2020 and 2021. B. Total compensation paid to Contractor by the City for the year $65,000.00 for 2020 and 2021. C. In the event that the City requires that an animal be held more than 72 hours, then Contractor shall be entitled to an additional daily fee of $40.00 beginning on the 5th day (after a 96 hour period has elapsed). 2. Compensation for Sale of Animal Licenses: The Contractor may retain the revenue obtained from its sale of City animal licenses. 3. Other Compensation: The Contractor may retain Cage and Trap Rental Fees received from City citizens. December 17, 2019 E - 18 5 SERVICE AGREEMENT ATTACHMENT "C" GENERAL CONDITIONS 1. Scope of Contractor's Services: The Contractor agrees to provide to the City services and any materials set forth in Attachment "A." No material, labor, or facilities will be furnished by the City, unless otherwise provided for in the Agreement. 2. Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Attachment "B." Unless specifically stated in Attachment "B" or approved in writing in advance by the City Designated Project Manager ("Project Manager"), the City will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this agreement. 3. Delegation and Subcontracting: No portion of this agreement may be delegated or subcontracted to any other individual, firm or entity without the express and prior written approval of the Project Manager. 4. Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor and nothing herein contained shall be construed to create a relationship of employer/employee or master/servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Attachment "B" and the Contractor is not entitled to any City benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, or any other rights or privileges afforded to City employees. The Contractor represents that it maintains a separate place of business, serves clients other than the City, will report all income and expense accrued under this agreement with the Internal Revenue Service on a business tax schedule, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. 5. No Guarantee of Employment: The performance of all or part of this agreement by the Contractor shall not operate to vest any rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the City in the future. 6. Regulations and Requirement: This agreement shall be subject to and shall comply with all federal, state and local laws, rules, and regulations. 7. Right to Review: This agreement is subject to review by any federal or state auditor. The City shall have the right to review and monitor the financial and service components by whatever means deemed expedient. Such review may occur with or without notice, and may include, but is not limited to, on-site inspection by City agents, or employees, inspection of records or other materials which the City deems directly pertinent to the agreement and its December 17, 2019 E - 19 6 performance, and any and all communications with or evaluations by service recipients under this agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this agreement for three (3) years after agreement termination, and shall make them available for such review, within Clallam County, State of Washington, upon request, during reasonable business hours. 8. Modifications: Either party may request changes in the agreement. Any and all agreed modifications shall be in writing, signed by each of the parties. 9. Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the agreement or becomes insolvent or is declared bankrupt or makes an assignment for the benefit of creditors, the City may, by depositing written notice to the Contractor in the U.S. Mail, postage prepaid, terminate the agreement, and at the City's option, obtain performance of the work elsewhere. If the agreement is terminated for default, the Contractor shall not be entitled to receive any further payments under the agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. 10. Termination for Public Convenience: The City may terminate the agreement in whole or in part whenever the City determines, in its sole discretion, that such termination is in the interests of the City. Whenever the agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed. An equitable adjustment in the agreement price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this agreement by the City at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the City. 11. Rights and Remedies: The duties and obligations imposed by this agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 12. Defense and Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to December 17, 2019 E - 20 7 any act or omission of the Contractor, his/her subcontractors, its successor or assigns, or its or their agent, servants, or employees, the City, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials or employees. It is further provided that no liability shall attach to the City by reason of entering into this agreement, except as expressly provided herein. 13. Industrial Insurance Waiver: With respect to the performance of this Agreement and as to claims against the City, its appointed and elected officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, as now or hereafter amended, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this Agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this Agreement. 14. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action shall be in the courts of the State of Washington in and for the County of Clallam. This Agreement shall be governed by the laws of the State of Washington. 15. Withholding Payment: In the event the Project Manager determines that the Contractor has failed to perform any obligation under this agreement within the times set forth in this agreement, then the City may withhold from amounts otherwise due and payable to Contractor the amount determined by the City as necessary to cure the default, until the Project Manager determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the City promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Project Manager set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provision of the Disputes clause of this agreement. The City may act in accordance with any determination of the Project Manager which has become conclusive under this clause, without prejudice to any other remedy under the agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount of paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the City under this clause. 16. Insufficient Funds: If sufficient funds are not appropriated or allocated for payment under this agreement, this agreement shall be null and void. No penalty or expense shall accrue to the City in the event this provision applies. December 17, 2019 E - 21 8 17. Disputes: Differences between the Contractor and the City, arising under and by virtue of the contract documents shall be brought to the attention of the City at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. The records, orders, rulings, instructions, and decision of the Project Manager shall be final and conclusive thirty (30) days from the date of mailing unless the Contractor mails or otherwise furnishes to the City Manager a written notice of appeal. The notice of appeal shall include facts, law, and argument as to why the conclusions of the Project Manager are in error. In connection with appeal of any proceeding under this clause, the Contractor shall have the opportunity to be heard and to offer evidence in support of the appeal. The decision of the City Manager for the determination of such appeals shall be final and conclusive. Reviews of the appellate determination shall be brought in the Superior Court of Clallam County within fifteen (15) days of mailing of the written appellate determination. Pending final decision of the dispute, the Contractor shall proceed diligently with the performance of this Agreement and in accordance with the decision rendered. 18. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with the performance of this agreement shall be the sole and absolute property of the City and constitute "work made for hire" as that phrase is used in federal and/or state intellectual property laws. 19. Recovery of Payments to Contractor: The right of the Contractor to retain monies paid to it is contingent upon satisfactory performance of this agreement. In the event that the Contractor fails, for any reason, to perform obligations required of it by this agreement, the Contractor may, at the Project Manager's sole discretion, subject to the disputes clause of this agreement, be required to repay to the City all monies disbursed to the Contractor for those parts of the project that are rendered worthless in the opinion of the Project Manager by such failure to perform. Interest shall accrue at the rate of 12 percent (12%) per annum from the time the Project Manager demands repayment of funds. 20. Approval: The extent and character of all services to be performed under this agreement by the Contractor shall be subject to the review and approval of the Project Manager. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Manager as to the extent and character of the work to be done shall govern subject to the Contractor's right to appeal that decision as provided herein. 21. Non-Discrimination: The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 22. Subcontractors: In the event that the Contractor employs the use of any subcontractors, the contract between the Contractor and the subcontractor shall provide that the subcontractor is bound by the terms of this agreement between the City and the Contractor. The Contractor December 17, 2019 E - 22 9 shall insure that in all subcontracts entered into, City of Port Angeles is named as an additional insured. 23. Time is of the Essence: Time is of the essence in the performance of this agreement unless a more specific time period is set forth in either the Special Terms and Conditions or Scope of Work. 24. Notice: Except as set forth elsewhere in the agreement, for all purposes under this agreement, except service of process, any notices shall be given by the Contractor to the Project Manager. Notice to the Contractor for all purposes under this agreement shall be given to the person executing the agreement on behalf of the Contractor at the address identified on the signature page. 25. Precedence: In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state statutes and regulations; B. Scope of Work (Attachment "A") and Compensation (Attachment "B"); C. Special Terms and Conditions (Attachment “D”) D. General Conditions. (Attachment “C”). 26. Waiver: Waiver of any breach or condition of this agreement shall not be deemed a waiver of any prior to subsequent breach. No term or condition of this agreement shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 27. Survival: The provision of Paragraphs 4, 7, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 25, and 26 shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 28. Entire Agreement: This written agreement represents the entire Agreement between the parties and supersedes any prior statements, discussions or understandings between the parties except as provided herein. December 17, 2019 E - 23 10 SERVICE AGREEMENT ATTACHMENT "D" SPECIAL TERMS AND CONDITIONS [ X ] 1.Reporting. The Contractor shall submit written progress reports to the Project Manager as set forth below: [ ] With each request for payment. [ ] Monthly. [] Quarterly. [ ] Semi-annually. [ X ] Annually with the right to request interim reports as needed [ ] Project completion. [ ] Other (specify): All Required reports shall be mailed or delivered to: Port Angeles Police Department Attn: Chief of Police 321 E 5th Street Port Angeles, WA 98362 Progress reports shall include, at a minimum, the following: Annual Report: Listing of all current City animal licenses, including the license number, expiration date, information describing the animal, and the owner's name, address, and telephone number. Contractor shall maintain complete records of licenses issued, fees collected, animals received, impound reason, surrendered by information, and animals disposed and report these numbers. In addition, an annual report shall include the number of City animals currently housed by type, the total number of days of housing and a summary of disposition of City animals, the number of licenses sold and revenue produced from sales. The annual report shall be due by the last business day of January of the new year. Contractor shall include above information in the annual report and make such available for the City’s inspection at all times. Contractor shall provide such other data as the City requests, for all legitimate purposes directly related to City services performed. Reports shall include any problems, delays or adverse conditions which will materially affect the Contractor's ability to meet project objectives or time schedules together with a statement of action taken or proposed to resolve the situation. Reports shall also include recommendations for changes to the Scope of Work, if any. Payments may be withheld if reports are not submitted. December 17, 2019 E - 24 11 [ X ] 2.Insurance. The Contractor shall maintain in full force and effect during the term of this Agreement, and until final acceptance of the product, public liability and property damage insurance with companies or through sources approved by the state insurance commissioner pursuant to RCW Title 48, as now or hereafter amended. The City, its appointed and elected officials and employees, shall be specifically endorsed as additional insureds in a policy with the same company which insures the Contractor or by endorsement to an existing policy or with a separate carrier approved pursuant to RCW Title 48, as now or hereafter amended, and the following coverages shall be provided: [ X ] COMPREHENSIVE GENERAL LIABILITY Bodily injury, including death: $1,000,000 per occurrence General Aggregate: $2,000,000 [ X ] WORKERS COMPENSATION: Statutory amount [ X ] AUTOMOBILE: coverage on owned, non-owned, rented and hired vehicles $1,000,000 bodily injury, liability, including death, per occurrence $500,000 property damage liability, per occurrence Any such insurance carried by the Contractor is primary over any insurance carried by City of Port Angeles, and shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. The City shall have no obligation to report occurrences unless a claim or lawsuit is filed with it and the City has no obligation to pay any insurance premiums. Evidence of insurance coverage shall be submitted to the Project Manager within twenty (20) days of the execution of the Agreement. The Agreement shall be void ab initio if the proof of coverage is not timely supplied. [ X ] 3.Other: Board of Directors: Employees of the Contractor or direct relatives of said individuals shall not serve on the Board of Directors of the Contractor. The Executive Director may serve on the Board as a non-voting member but may not serve as an officer of the Board. December 17, 2019 E - 25 Date: December 17, 2019 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: FY 2019-2021 Water Quality Stormwater Capacity Grant Agreement Contract NO. WQSWCAP-1921-PoAnPW-00101 Background / Analysis: The Washington State Department of Ecology (Ecology) aids National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater General Permitees though the biennial Capacity Grant program. This program provides financial assistance for activities, technical resources, and equipment to assist local governments in implementing the requirements of the Eastern and Western Washington Municipal Stormwater permits. City staff submitted a grant application in July 2019 and Ecology awarded the grant to the City in October. The City received an additional $45,000 above the grant program’s base rate of $50,000, as it is included on Ecology’s hardship-eligible communities (defined as a community with a median household income less than 80% of the Washington State mean household income). Staff will use the grant funds to supplement the budget required to meet the new requirements of the re- issued 2019-2024 NPDES Phase II Municipal Stormwater Permit. The new requirements include: • Stormwater Management Plan and program updates, • Revised City Ordinances/Code, Stormwater Management Action Plan development and implementation, and • Illicit Discharge Detection and Elimination Program and Plan updates. A consultant will be used to assist in the programmatic updates described above. Capital construction projects are not eligible for funding through this grant program. The Utility Advisory Committee forwarded a favorable recommendation to accept this grant at the December 10, 2019 meeting. Funding Overview: Ecology will reimburse the City for qualified expenditures up to $95,000 incurred between July 1, 2019 and March 31, 2021. There are no City fund matching requirements, with grant awards cover ing 100 percent of eligible costs of the grant offer amount. The City is required to provide quarterly progress reports with each reimbursement request and prepare agreement close-out reports and final outcome summary reports to Ecology. Summary: The Washington State Department of Ecology (Ecology) has offered a FY2019-2021 Biennial Stormwater Capacity Grant in the amount of $95,000 to the City. This pass -through grant provides funding to implement and manage the City’s National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit requirements. Funding: Grant funding will be provided entirely by Department of Ecology and will be capped at $95,000 with no City fund matching requirements. Recommendation: Approve and authorize the City Manager to sign the FY 2019-2021 Stormwater Capacity Grant agreement with the Washington State Department of Ecology in the amount of $95,000, and to make any subsequent amendments or minor modifications to the agreement, if necessary. December 17, 2019 E - 26 Agreement No. WQSWCAP-1921-PoAnPW-00101 WATER QUALITY STORMWATER CAPACITY AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Port Angeles, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. 2019-2021 Biennial Stormwater Capacity Grants GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. Project Long Description: N/A Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. $95,000.00 $95,000.00 $95,000.00 $0.00 07/01/2019 03/31/2021 Capacity Grant December 17, 2019 E - 27 Page 2 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: Organization Fax: City of Port Angeles 91-6001266 148344047 321 East 5th Street Port Angeles, WA 98362-0217 321 East 5th Street Port Angeles, Washington 98362-0217 jboehme@cityofpa.us (360) 417-4709 Template Version 10/30/2015December 17, 2019 E - 28 Page 3 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles Vincent McIntyre Civil/Utility Engineer I 321 East 5th Street Port Angeles, Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360) 417-4701 Authorized Signatory Vincent McIntyre Civil/Utility Engineer I 321 East 5th Street Port Angeles, Washington 98362-0217 Email: vmcintyr@cityofpa.us Phone: (360) 417-4701 Billing Contact Project Manager Authorized Signatory Nathan A. West City Manager 321 E. Fifth Street Port Angeles, Washington 98362 Email: nwest@cityofpa.us Phone: (360) 417-4751 Template Version 10/30/2015December 17, 2019 E - 29 Page 4 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles Contacts Project Manager Financial Manager Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Kyle Graunke PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Template Version 10/30/2015December 17, 2019 E - 30 Page 5 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology Water Quality Date Date City of Port Angeles Heather R. Bartlett City Manager Nathan A. West By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 10/30/2015December 17, 2019 E - 31 Page 6 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles SCOPE OF WORK Task Number: 1 Task Cost: $5,000.00 Task Title: Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and two-page Outcome Summary Report. <br> * Properly maintained project documentation. Deliverables Project Administration/Management Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges, and changes in the project schedule. Submitted at least quarterly in EAGL. 1.2 Recipient Closeout Report (EAGL Form). 1.3 Two-page draft and Final Outcome Summary Reports. Template Version 10/30/2015December 17, 2019 E - 32 Page 7 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles SCOPE OF WORK Task Number: 2 Task Cost: $90,000.00 Task Title: Permit Implementation Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. The following is a list of elements RECIPIENT’s project may include. 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance. c) Training for plan review or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring. Monitoring, including: a) Development of applicable QAPPs. b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement. c) Staff training. 11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment Template Version 10/30/2015December 17, 2019 E - 33 Page 8 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles purchases over $5,000 must be pre-approved by Ecology. Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital construction projects, incentives or give-a-ways, grant application preparation, TAPE review for proprietary treatment systems, or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses. Task Goal Statement: This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. Task Expected Outcome: RECIPIENTS will implement measures required by Phase I and II NPDES permits. Deliverables Permit Implementation Number Description Due Date 2.1 Documentation of tasks completed Template Version 10/30/2015December 17, 2019 E - 34 Page 9 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles BUDGET Funding Distribution EG200233 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Title: State Model Toxics Control Operating Account (MTCOA) 100% Cap Grants-MTC Operating Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 30% 0% No No Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: 1921 stormwater capacity 07/01/2019 03/31/2021 Grant 1921 stormwater capacity Task Total Project Administration/Management 5,000.00$ Permit Implementation 90,000.00$ 95,000.00$Total: Template Version 10/30/2015December 17, 2019 E - 35 Page 10 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%95,000.00 95,000.000.000.001921 stormwater capacity Total $$0.00 95,000.00 $95,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Template Version 10/30/2015December 17, 2019 E - 36 Page 11 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Template Version 10/30/2015December 17, 2019 E - 37 Page 12 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. Template Version 10/30/2015December 17, 2019 E - 38 Page 13 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Template Version 10/30/2015December 17, 2019 E - 39 Page 14 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in Template Version 10/30/2015December 17, 2019 E - 40 Page 15 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) Template Version 10/30/2015December 17, 2019 E - 41 Page 16 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through Template Version 10/30/2015December 17, 2019 E - 42 Page 17 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. Template Version 10/30/2015December 17, 2019 E - 43 Page 18 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and Template Version 10/30/2015December 17, 2019 E - 44 Page 19 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement Template Version 10/30/2015December 17, 2019 E - 45 Page 20 of 20State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQSWCAP-1921-PoAnPW-00101 2019-2021 Biennial Stormwater Capacity Grants City of Port Angeles ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. Template Version 10/30/2015December 17, 2019 E - 46 Date: December 17, 2019 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Resolution Ratifying a Declaration of Emergency – Round Tree Road Water Main Repair Background / Analysis: On November 30, 2019, City staff discovered a failure on the City 20-inch concrete cylinder water transmission main just east of Ennis Creek near Round Tree Road and Monroe Road. The failed segment of main is a critical component of the City’s water distribution system. This main was installed in the 1960’s and serves as the primary water source for Clallam County Public Utility District (PUD) Round Tree Reservoir. In addition, forty-five customers that rely solely on the 20-inch water main as their primary source of water lost water service. For those reasons, it was imperative that the repairs were made immediately. On December 5, 2019 a Declaration of Emergency was issued by the City Manager, enabling the Public Works and Utilities Department to secure contract servic es under RCW 39.04.280 and RCW 38.52.070(2) provisions for exceptions to the normal competitive bidding requirements for public works in the event of an emergency. As the full extent of the damage and scope to repair the water main leak was unknown, the contract signed with C & J Excavating Inc. was for Force Account work (normal contracting procedures for emergency work) in that all costs associated with the work (labor hours, materials, and equipment) is tracked, logged, and agreed to based on established billing rates and actual work performed. Funding Overview: Available in Water Division 402 Fund budget in an amount not-to-exceed $30,000.00. Summary: The purpose of this memo is to approve and ratify the Round Tree Road water main repair Declaration of Emergency issued by the City Manager on December 5, 2019. City staff discovered a failure on the City 20-inch concrete cylinder water transmission main just east of Ennis Creek near Round Tree Road and Monroe Road. The failed segment of water main is a critical component to the City’s water distribution system and is the primary water source for the Clallam County Public Utility District (PUD) Round Tree Reservoir. The work to repair the water main is being performed under emergency conditions per RCW 35.33.081 and 38.52.070(2). C & J, Excavating Inc., from Sequim was awarded a contract in an amount not-to-exceed $30,000.00. Funding: Funding for the emergency contact was made available through the 2019 budget from the Water Division 402 Fund in an amount not-to-exceed $30,000.00. Recommendation: Adopt the attached resolution. December 17, 2019 E - 47 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, affirming and ratifying the Declaration of Emergency issued by the City Manager on December 5, 2019. WHEREAS, a Declaration of Emergency was issued by the City Manager on December 5, 2019, a complete copy of which is attached; and WHEREAS, City Council has reviewed the facts and circumstances that prompted the Declaration of Emergency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles: The Council hereby finds that the facts recited in the Declaration are true and correct. On the basis of those facts, the Council finds and declares that the water main emergency occurring on December 5, 2019, which left city customers without water service, caused concern for public health and sanitation, and created a dangerous physical condition, constituted an emergency in the City of Port Angeles. The City Council affirms and ratifies (1) the Declaration of Emergency issued by the City Manager on December 5, 2019, and (2) all actions authorized by that Declaration. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of December, 2019. _______________________________ Sissi Bruch, Mayor ATTEST: _______________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _______________________________ William E. Bloor, City Attorney December 17, 2019 E - 48 December 17, 2019 E - 49 Date: December 17, 2019 To: City Council From: Nathan A. West, City Manager William Bloor, City Attorney Thomas Hunter, Director of Public Works and Utilities Subject: Amendment to Water Contract between City of Port Angeles and McKinley Paper Co. Background / Analysis: The City of Port Angeles is party to a 30-year water agreement now held by McKinley Paper Company. As it exists the agreement expires January 1, 2020. The attached amendment to the water contract will allow for a one-year extension of the existing agreement. Substantial changes have occurred to the City’s industrial water system and the costs associated with purveying industrial water supply. The one-year extension will provide the City time to adequately re- negotiate the agreement to meet the needs of McKinley Paper Company and the City of Port Angeles Water Utility. The time also provides the City with the ability to continue to learn about the costs and obligations associated with operating and maintaining the Elwha Industrial Water Facility which was just inherited in August of 2018. Staff recommends that Council approve and authorize the City Manager to sign an amendment to the McKinley Paper Company Water contract for a one-year extension. Funding Overview: Summary: The water supply contract with McKinley Paper Company expires on January 1, 2020. An amendment of the contract is being provided to extend the agreement enabling additional time for the City to negotiate a new water contract. Funding: The extension of this agreement is consistent with 2020 Budget revenues. Recommendation: Approve and Authorize the City Manager to sign an amendment to the McKinley Paper Company Water contract for a one-year extension. December 17, 2019 E - 50 AMENDMENT TO WATER CONTRACT between CITY OF PORT ANGELES and McKINLEY PAPER COMPANY This Amendment is entered into on this ____ day of December, 2019, by and between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as City), and McKinley Paper Company, a New Mexico corporation (McKinley). In consideration of the covenants and promises set forth herein, the parties hereto agree as follows: 1. On December 5, 1989 the City, Daishowa America, and ITT Rayonier entered into a 30-year agreement (the Water Supply Contract) by which the City sold untreated water to the Daishowa America and ITT Rayonier. 2. ITT Rayonier no longer exists, and McKinley now owns and operates a mill on the site where Daishowa America previously operated. Daishowa’s rights under the Water Supply Contract have been assigned to McKinley. 3. The Water Supply Contract expires on January 1, 2020; and the parties intend to negotiate a new agreement to replace the Water Supply Contract. However, the parties acknowledge that significant changes have occurred since the Water Supply Contract was negotiated in 1989. As a result, they will not have sufficient time prior to December 31, 2019 to negotiate a new agreement. 4. The City and McKinley Paper Company agree to, and do hereby, extend the term of the Water Supply Contract; and by this agreement the parties do amend the Water Supply Contract to extend its term through December 31, 2020. 5. All other terms of the original the Water Supply Contract are confirmed, ratified, and remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this contract to be effective as of the date and year indicated below. CITY OF PORT ANGELES MCKINLEY PAPER COMPANY, a New Mexico Corporation By__________________________________ By __________________________________ Nathan West, City Manager Print Name:___________________________ Dated: ______________________________ Dated: _______________________________ ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney December 17, 2019 E - 51 Date: December 17, 2019 To: City Council From: Nathan A. West, City Manager William Bloor, City Attorney Thomas Hunter, Director of Public Works and Utilities Subject: Amendment to Water Contract between City of Port Angeles and McKinley Paper Co. Background / Analysis: The City of Port Angeles is party to a 30-year water agreement now held by McKinley Paper Company. As it exists the agreement expires January 1, 2020. The attached amendment to the water contract will allow for a one-year extension of the existing agreement. Substantial changes have occurred to the City’s industrial water system and the costs associated with purveying industrial water supply. The one-year extension will provide the City time to adequately re- negotiate the agreement to meet the needs of McKinley Paper Company and the City of Port Angeles Water Utility. The time also provides the City with the ability to continue to learn about the costs and obligations associated with operating and maintaining the Elwha Industrial Water Facility which was just inherited in August of 2018. Staff recommends that Council approve and authorize the City Manager to sign an amendment to the McKinley Paper Company Water contract for a one-year extension. Funding Overview: Approve and Authorize the City Manager to sign an amendment to the McKinley Paper Company Water contract for a one-year extension. Summary: The water supply contract with McKinley Paper Company expires on January 1, 2020. An amendment of the contract is being provided to extend the agreement enabling additional time for the City to negotiate a new water contract. Funding: The extension of this agreement is consistent with 2020 Budget revenues. Recommendation: Approve and Authorize the City Manager to sign an amendment to the McKinley Paper Company Water contract for a one-year extension. December 17, 2019 E - 52 1 AMENDMENT TO WATER CONTRACT between CITY OF PORT ANGELES and McKINLEY PAPER COMPANY This Amendment is entered into on this ____ day of December, 2019, by and between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as City), and McKinley Paper Company, a New Mexico corporation (McKinley). In consideration of the covenants and promises set forth herein, the parties hereto agree as follows: 1. On December 5, 1989 the City, Daishowa America, and ITT Rayonier entered into a 30-year agreement (the Water Supply Contract) by which the City sold untreated water to the Daishowa America and ITT Rayonier. 2. ITT Rayonier no longer exists, and McKinley now owns and operates a mill on the site where Daishowa America previously operated. Daishowa’s rights under the Water Supply Contract have been assigned to McKinley. 3. The Water Supply Contract expires on January 1, 2020; and the parties intend to negotiate a new agreement to replace the Water Supply Contract. However, the parties acknowledge that significant changes have occurred since the Water Supply Contract was negotiated in 1989. As a result, they will not have sufficient time prior to December 31, 2019 to negotiate a new agreement. 4. The City and McKinley Paper Company agree to, and do hereby, extend the term of the Water Supply Contract; and by this agreement the parties do amend the Water Supply Contract to extend its term through December 31, 2020. 5. All other terms of the original the Water Supply Contract are confirmed, ratified, and remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this contract to be effective as of the date and year indicated below. CITY OF PORT ANGELES MCKINLEY PAPER COMPANY, a New Mexico Corporation By__________________________________ By __________________________________ Nathan West, City Manager Print Name:___________________________ Dated: ______________________________ Dated: _______________________________ ATTEST: APPROVED AS TO FORM: ____________________________________ ____________________________________ Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney December 17, 2019 E - 53 Date: December 17, 2019 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director MarySue French, Cost & Capital Accountant Subject: Proposed Adjustments to the Industrial Transmission 2020 Utility Rates Background / Analysis: Current rates for the Industrial Transmission Electric were adopted on November 06, 2018 (Ord. No 3610) to set rates through 2019. An update for 2020 rates is needed at this time. In 2019 the Utility Advisory Committee (UAC), Council and Staff began the process of reviewing and ultimately approving Cost of Service (COSA) methodologies for each utility to utilize the process in setting rates. This was a lengthy but ultimately worthwhile process to establish rates by class for all rate payers. The time to accurately produce and approve 2020 rates for the other utilities and having a representative from McKinley Paper at a UAC meeting to discuss the Industrial Transmission rates and provide answers to questions regarding the rates and ordinance delayed the presentation of the Electric Industrial Transmission ordinance until this time. As part of the Budget and COSA process, a revenue and expenditure analysis was completed to determine the rate requirements for 2020 based on the 2020 Budget expenditures and non-rate revenue. The Industrial Transmission customers rate structure is a pass through of the BPA bill plus a basic charge, medic-1 and utility taxes and Industrial Transmission monthly network services charge. Summary: As part of the 2019 budget process, one-year rates were established for the Electric Industrial Transmission customer. These rates will expire on December 31, 2019. Presented in this memo are the proposed rates for this utility for the Council’s consideration. These rates are based on the published rates from the Bonneville Power Authority (BPA), existing utility tax rates and 2020 budget expense spending. The Utility Advisory Committee (UAC) forwarded a favorable recommendation of the presented rates to Council at their December 10th meeting. Funding: The approval of the proposal presented will not increase expenditures but will require a basic rate increase in 2020 that will generate the required revenue to meet budgeted expenditures. Recommendation: The requested action for this issue is as follows: 1. Conduct the first reading of the ordinance; 2. Consider the Utility Advisory Committee’s recommendation in favor of the proposed rates; 3. Waive the second reading of the ordinance; 4. Adopt the ordinance approving the rate changes to be implemented beginning January 1, 2020. G - 1December 17, 2019 2 0 2 0 P r o p o s e d U t i l i t y R a t e s P a g e | 2 As with the 2019 Budget, the recommendation for 2020 is a one-year rate option for the Industrial Transmission Utility. The proposal of a single year rate setting will allow the Industrial Transmission Customer (McKinley Paper Company) the opportunity to start up, evaluate their needs and recommend changes to the City to forward to the BPA for future usage. The UAC met on December 10, 2019 and is forwarding a recommendation to waive the 2nd reading of the ordinance and adopt the ordinance with the 2020 rate revisions. Funding Overview: The approval of the proposal presented will not increase expenditures but will require a basic charge rate increase in 2020 that will generate the required revenue to meet budgeted expenditures in the electric Industrial Transmission only. G - 2December 17, 2019 1 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Title 13, Chapter 13.12 of the Port Angeles Municipal Code relating to the Industrial Transmission electric rate classification. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2173 as amended, and Port Angeles Municipal Code section 13.12.071, are amended to read as follows: 13.12.071 - Schedule IT-11—Industrial transmission. . . . . E. Rate and charges. The rates and charges for service hereunder is the sum of the amounts determined in accordance with sections 2 through 11 for each month. 1. Definitions: Initially capitalized words used herein have the meaning set forth in the BPA agreement, the Tiered Rate Methodology, or as defined below: "BPA" means the Bonneville Power Administration. "BPA Agreement" means the agreement between the City and BPA, dated December 1, 2008, Contract No. 09PB-13093, as amended from time to time. "CHWM" means the City's Contract High Water Mark. "Customer" means the person or entity that purchases power from the City, using the service governed by this section. "Customer" may hereafter be abbreviated as "Cu." "Customer facility" means facilities or premises owned by the customer and served by power purchased pursuant to this section. "Demand" means the amount of energy delivered to the customer at the point of delivery (as measured in whole kilowatts) integrated over the 60-minute period during the City's CSP. For purposes of such calculation, the 60-minute periods shall begin at the beginning of each whole hour and run for 60 consecutive minutes until the end of such whole hour. "Network agreement" means the agreement between the City and the BPA, dated September 20, 2006, Contract No. 0TX-124433, as amended from time to time. "RHWM" means the City's Rate Period High Water Mark. G - 3December 17, 2019 2 "Tiered Rate Methodology" means BPA's policy for calculating wholesale power rates, adopted in the Administrator's Final Record of Decision issued in September, 2009, and as amended from time to time. 2. Elements for calculating rates and charges: A. Cu CHWM. Customer will have a CHWM amount ("Cu CHWM") of 53.351 aMW. From October 1, 20179 through September 30, 201920 the customer will have a rate period high water mark (RHWM) of 1.7 aMW. B. Cu CDQ. Customer will have the following monthly CDQs ("Cu CDQ"): as follows: January 14,760 kW July 14,238 kW February 11,974 kW August 15,113 kW March 14,913 kW September 13,541 kW April 14,913 kW October 19,262 kW May 22,190 kW November 14,423 kW June 13,546 kW December 7,366 kW 3. Customer charge. The customer charge (Cu CO) is the portion of the City's customer charges for a month to be paid by customer. The Cu CC each month shall be calculated by the following formula: Cu CC = [CuCHWM ÷ CHWM] × CMCC Where: Cu CHWM is the amount set out in section 2.A., above. CHWM is 86.755 aMW. CMCC is the City's customer charge for the month. No credit on the Cu CC will be given or paid for using electricity in amounts less than the Cu CHWM. G - 4December 17, 2019 3 4. Demand charges for service. The customer demand charge (Cu DC) is the demand charges for a month to be paid by customer. The Cu DC each month shall be calculated by the following formula: Cu DC = [(Cu CSP − Cu AHLH) − Cu CDQ] × DR Where: Cu CSP is the demand of the customer facility (in kilowatts) during the City's CSP in each month. Cu CDQ is the amount set out in section 2. above. Cu AHLH is the average of the customer facility's actual hourly Tier 1 loads during the HLH in each month in kilowatts. DR is the demand rate charged to the City. No credit will be given or paid for using demand in amounts less than the Cu CDQ. 5. Load shaping charges and credits. The customer load shaping charge (Cu LSC) is the load shaping charges for a month to be paid by customer. The Cu LSC each month shall be calculated by the following formula: Cu LSC = (Cu AL - Cu SSL) × LSR Where: Cu LSC is the net of the load shaping charges and credits for a month apportioned to customer, with customer paying net load shaping charges to the City, and the City paying net load shaping credits to customer, less an amount calculated by the City using the load shaping adjustment true-up rate. Cu AL is customer's monthly HLH and LLH loads. Cu SSL is customer's shaped system load as set out below. LSR is the load shaping rate applicable to HLH and LLH periods. G - 5December 17, 2019 4 HLH SSL 13.12.071 Schedule IT-11 Industrial Transmission FY 201920 SSL Allocations FY 2019 IT HLH SSL kWh FY 2019 IT LLH SSL kWh October 2018 746,520 October 2018 401,242 November 2018 893,842 November 2018 524,704 December 2018 873,072 December 2018 528,439 January 2019 739,809 January 2019 457,648 February 2019 620,109 February 2019 361,574 March 2019 734,989 March 2019 427,288 April 2019 718,424 April 2019 398,693 May 2019 1,044,808 May 2019 594,482 June 2019 846,106 June 2019 447,251 July 2019 742,482 July 2019 393,194 August 2019 841,480 August 2019 416,326 September 2019 728,427 September 2019 411,096 * Based on Bonneville Power Administration's BP-18 Record of Decision G - 6December 17, 2019 5 FY 2020 IT HLH SSL kWh FY 2020 IT LLH SSL kWh October 2019 642,550 October 2019 343,423 November 2019 785,258 November 2019 467,235 December 2019 768,408 December 2019 468,960 January, 2020 648,212 January, 2020 383,209 February, 2020 589,493 February, 2020 344,868 March, 2020 660,814 March, 2020 378,492 April, 2020 532,475 April, 2020 313,729 May, 2020 740,569 May, 2020 400,664 June, 2020 945,036 June, 2020 511,099 July, 2020 785,887 July, 2020 355,769 August, 2020 761,853 August, 2020 349,892 September, 2020 639,202 September, 2020 358,909 * Based on Bonneville Power Administration's BP 20 Record of Decision 6. Additional charges: In addition to the charges calculated above, customer shall pay to the City each month all costs, charges, surcharges, adjustment charges and penalties, and conditions incurred by the City and attributable to customer, including but not limited to those applicable under the BPA agreement, the TRM, BPA rate schedules and general rate schedule provisions, network agreement, tariffs, and general rate schedule provisions. 7. Basic Other charges: Beginning on October January 1, 201620, the customer will pay to the City a basic charge of $4,440.00 $4,700.00 per month and an IT monthly Network Services Charge (including telecommunications tax of $300.00. G - 7December 17, 2019 6 8. Transmission charges: The monthly wholesale transmission cost to the City based on the metered energy and demand associated with providing service hereunder. 9. Taxes: An amount calculated to recover the actual tax obligation of the electric utility and City for State public utilities tax and City public utility tax and any other applicable taxes. In addition, customer shall pay each month any and all Federal, State, local and City taxes as may be levied, imposed or due, which arise from, or in connection with the provision of electric service to customer pursuant to this ordinance. 10. Calculation of utility taxes: The customer shall pay to the City each month the amount necessary to fully satisfy the City's obligation for State and local utility taxes. For utility tax purposes, the gross income from the customer shall be the sum of subsections 3 through 9 above, plus the amount necessary to satisfy the City's obligation for State and local utility taxes. 11. Rates and charges for service: The City has no obligation to provide service to the customer facility in excess of Cu CHWM and its Cu CDQ. If the customer facility takes service in excess of its Cu CHWM and/or its Cu CDQ, customer will pay the City all costs, charges, surcharges and penalties attributable to such service. 12. If the City pays or receives a load shaping charge true-up adjustment charge or credit in any fiscal year, then a pro-rata portion of such charge or credit will be apportioned to customer as determined by the City, plus an amount calculated by the City using the load shaping adjustment true-up rate. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 -Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect on January 1, 2020 after passage and publication of an approved summary thereof consisting of the title. G - 8December 17, 2019 7 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 17th day of December, 2019. _______________________________ Sissi Bruch, Mayor ATTEST: ________________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _________________________ William E. Bloor, City Attorney PUBLISHED: 2019 By Summary G - 9December 17, 2019 Date: December 17, 2019 To: City Council From: Allyson Brekke, Director of Community and Economic Development William Bloor, City Attorney Subject: Correction to Previously Adopted Municipal Code Amendments to Increase Residential Building Capacity and Housing Diversity (PZ Application No. 19-67) Background/ Analysis: Staff brought forward for Planning Commission’s and Council’s consideration a batch of municipal code amendments that helped to increase residential building capacity and housing diversity. The amendments were specific to Title 17, “Zoning,” of the Port Angeles Municipal Code. This effort was to begin implementation of the City’s Housing Action Plan which was adopted into the City’s Comprehensive Plan in June of 2019. The original amendments were presented to the Planning Commission at a public hearing on September 25, 2019 and presented to the City Council at a public hearing on October 1, 2019. The second reading and adoption of the amendments occurred by City Council on October 15, 2019. A correction to the previously adopted municipal code amendments to increase residential building capacity and housing diversity was identified by City Staff. The correction is to reduce the front yard setbacks by 5 feet in all R (previously RS) zoning districts (R7, R9, and R11). The original amendments only reduced the front yard setback in R11 zoning. The correction is within the original scope and intent of the code amendment. Additionally, the amendments are in alignment of what the State of Washington is encouraging with the earlier passing of E2SHB 1923. Funding Overview: The proposed amendments were produced by Staff and required no less than 80 hours of Community & Economic Development Staff time. Attachments: Ordinances for PAMC Sections 17.10 and 17.11 Summary: A correction to the previously adopted municipal code amendments to increase residential building capacity and housing diversity was identified by City Staff. The correction is to reduce the front yard setbacks by 5 feet in all R (previously RS) zoning districts, specifically R7, R9, and R11. The original amendments only reduced the front yard setback in R11 zoning. The correction is within the original scope and intent of the code amendment. Additionally, the amendments are in alignment of what the State of Washington is encouraging with the earlier passing of E2SHB 1923. Funding: The proposed correction was produced internally by Staff. Recommendation: The requested action for this item is as follows: 1. Conduct the first reading of the proposed correction amendment to Title 17 of the Port Angeles Municipal Code ordinances; 2. Waive the second reading; and 3. Adopt the proposed correction amendment to Title 17 of the Port Angeles Municipal Code ordinances. G - 10December 17, 2019 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending a section of Chapter 17.10 and a section of Chapter 17.11 of the Port Angeles Municipal Code relating to zoning. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 1709 as amended, and Chapter 17.10 of the Port Angeles Municipal Code are hereby amended by amending a section of Chapter 17.10 as follows: 17.10.050 - Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all R7 zones: Table 17.10.050-1: Area and Dimensional Requirements Measurement Type Limit Minimum lot area 5,000 sf Minimum lot width/frontage 35 feet Density, minimum net n/a Density, maximum net n/a Maximum building height 30 feet Maximum lot coverage 45% Maximum site coverage 65% Minimum front setback 20 15 feet Garage entrance setback 20 feet Minimum rear setback 20 feet Minimum side setback 5 feet Minimum side setback (street) 13 feet Minimum side setback (alley) 5 feet G - 11December 17, 2019 2 Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet Minimum side setback for accessory structures in the rear one-third of the lot 3 feet Maximum building height 1 Not to exceed the primary structure building height Maximum building footprint Not to exceed the primary structure building footprint 1 A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. Provided, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature as specified in Title 15 PAMC. B. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual, portions of the project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) C. Conditional uses shall comply with the development standards in subsection 17.94.065. . . . . Section 2. Ordinance 1709 as amended, and Chapter 17.11 of the Port Angeles Municipal Code are hereby amended by amending a section of Chapter 17.11 as follows: 17.11.050 - Area, dimensional, and density requirements. A. The following area and dimensional requirements apply to all R9 zones: Table 17.11.050-1: Area and Dimensional Requirements Measurement Type Limit Minimum lot area 7,000 sf G - 12December 17, 2019 3 Minimum lot width/frontage 50 feet Density, minimum net n/a Density, maximum net n/a Maximum building height 30 feet Maximum lot coverage 40% Maximum site coverage 60% Minimum front setback 25 20 feet Garage entrance setback 20 feet Minimum rear setback 25 feet Minimum side setback 7 feet Minimum side setback (street) 13 feet Minimum side setback (alley) 7 feet Detached Accessory Structure Requirements Minimum rear setback for accessory structures in the rear one-third of the lot 10 feet Minimum side setback for accessory structures in the rear one-third of the lot 3 feet Maximum building height 1 Not to exceed the primary structure building height Maximum building footprint Not to exceed the primary structure building footprint 1 A 25% height bonus is available if the detached structure is within the building envelope required of a principal structure in the zone that the property is located. Provided, however, that additional minimum setbacks to ensure a safe building site may be required when the property contains a bluff, ravine, stream, or similar feature as specified in Title 15 PAMC. B. In locations where stormwater runoff from structures, paved driveways, sidewalks, patios and other surfaces is designed to infiltrate on-site, according to the requirements in Chapter 5 of the City of Port Angeles Urban Services Standards and Guidelines manual, portions of the G - 13December 17, 2019 4 project can be exempt from lot and site coverage calculations. (See PAMC 17.94.135 for exemptions.) C. Conditional uses. Conditional uses shall comply with the development standards in 17.94.065 PAMC. . . . . Section 3. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Section 4. - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 5. - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of ___________, 20__. _______________________ , Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk G - 14December 17, 2019 Date: December 17, 2019 To: City Council From: Nathan West, City Manager Subject: Port Angeles School District Levy Resolution Background / Analysis: At the December 3 Council meeting, Port Angeles School District presented information concerning a Capital Levy it has placed on the February 11, 2020 special election ballot -- Proposition No. 1, Capital Levy to Expand and Renovate Stevens Middle School and Improve Safety. After hearing that presentation, Council expressed an interest in supporting the District’s Capital Levy. Before that can be done, Council must allow the public an opportunity to speak for and against the Capital Levy. State law allows an elected legislative body, such as the City Council, to endorse a ballot measure, provided that: 1. Action is taken at an open public meeting; 2. The published meeting agenda includes the title and number of the ballot proposition; and 3. Members of the public are afforded an approximately equal opportunity for the expression of an opposing view. After hearing all views expressed, the Council then may decide whether it will support the Capital Levy. If Council then decides to support the Capital Levy, it may adopt the attached resolution or may make and adopt a motion that in other words expresses its support for the Capital Levy. Funding Overview: N/A. Attachments: Resolution of Support Summary: At the December 3 City Council meeting, the Port Angeles School District presented information regarding its proposed Capital Levy to Expand and Renovate Stevens Middle School and Improve Safety. At that time, Council expressed interest in supporting the Capital Levy. Before doing so, the Council must allow an opportunity for expression of views for and against the proposed capital levy. Funding: N/A Recommendation: 1. Council should afford members of the public an approximately equal opportunity to express opposing views for and against regarding the Capital Levy. 2. Consider all the views expressed; and 3. If Council chooses to formally take any action supporting the District’s Capital Levy, adopt a motion declaring its support or adopt the attached Resolution. December 17, 2019 H - 1 RESOLUTION NO. _______ A RESOLUTION of the City Council of the City of Port Angeles, Washington, in support of Proposition No. 1 to finance a Capital Levy to expand and renovate Stevens Middle School and to improve safety at all school facilities. WHEREAS, the Port Angeles School District 121 has submitted a proposition for a Capital Levy to be made annually for five years commencing in 2020 for collection in the years 2021 through 2025; and WHEREAS, the proposition will be placed on the February 11, 2020 ballot; and WHEREAS, a Capital Projects Levy is a short-term, voter-approved measure that provides funding for modernization and/or replacement of school buildings within a school district; and WHEREAS, a Capital Levy is necessary to expand and renovate Stevens Middle School and to improve safety at all school facilities; and WHEREAS, the Port Angeles School District developed a long-range facilities plan to address the improvement of the school facilities; and WHEREAS, the condition of the school facilities within the Port Angeles School District are in the lowest ranges of unsatisfactory and poor; and WHEREAS, improvements of local education drives local economic development by improving the skill level of the local labor force which is one of the key drivers of local job growth and wage growth; and WHEREAS, the largest employers in the City of Port Angeles confirm that improvement of the local schools will help with workforce recruitment and retention; and WHEREAS, the City would like to ensure that all Port Angeles students are prepared to live, work and learn successfully in facilities that support that mission. NOW, THEREFORE, BE IT RESOLVED that the Port Angeles City Council hereby declares its support for Proposition No. 1 for the Port Angeles School District 121 Capital Levy. December 17, 2019 H - 2 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 17th day of December 2019. _______________________________ Sissi Bruch, Mayor ATTEST: ________________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _______________________________ William E. Bloor, City Attorney December 17, 2019 H - 3 Date: December 17, 2019 To: City Council From: Nathan West, City Manager Subject: 2020 Legislative Priorities Background / Analysis: In 2019 City Council established legislative priorities which were utilized throughout the year to share with State and Federal legislators. The 2019 Legislative Priorities have been attached to this memorandum. In anticipation of the State legislative session beginning in January staff is recommending that Council begin to discuss priorities for 2020. The state legislative session is a short one with limited ability for the legislature to make monetary changes to the biannual 2019 to 2021 Budget. In light of this fact staff recommends the following changes and approaches to the legislative priorities briefing paper: • Keep asks of the legislature to non-monetary items or smaller financial requests • Reduce the number of asks from eleven to five or less • Maintain housing as the number one focal point of the City priorities • Continue to support AWC Priorities (attached to this memorandum) • Incorporate thank you for all of the legislative assistance in 2019 including HB1406, HB 1923 and others. • Staff would recommend adding the Chamber of Commerce Renaissance/Waterfront Phase 3 request as presented to Council on October 15, 2019. • North Olympic Legislative Priorities could also be referenced, however, these priorities have yet to be finalized. Based on Council feedback staff will draft a 2020 Legislative Priorities one page paper to be presented to Council in January. It is important we provide an opportunity for the input and contribution of new Council members considering views of the new Council may differ from those expressed by the current Council. An additional opportunity will be provided at the January 7th Council meeting. Funding Overview: N/A Summary: In anticipation of the upcoming State legislative session in January staff recommends that Council review and update legislative priorities for 2020 Funding: N/A Recommendation: Discuss legislative priorities and provide direction to staff on changes for 2020. December 17, 2019 I - 1 2019 LEGISLATIVE PRIORITIESCITY OF PORT ANGELES ENVIRONMENT, CULTURE AND EDUCATION Shoreline Master Program Update Extension – The Master Program is an update that requires an extensive two year long process. We are requesting the legislature extend the deadline for this update by 2 years to June 2022 or until funding is available. Biosolid Pyrolysis – A viable bio-solids management technology to mitigate the discharge of micro-pollutants to the environment where land is applying biosolids. This process adds to the dewatered bio-solids to create bio- char. The technology results in the reduction of wastewater biosolid output in the compost. The City is seeking $2,000,000 in State Grant opportunities to demonstrate the implementation of this environmentally beneficial technology. Port Angeles Waterfront Center (PAWC) – The Port Angeles Waterfront Center (PAWC), a 501(c)3 non-profit organization, has submitted a $3 million Capital Budget appropriation request to the Washington State Legislature to aid in constructing a two-story performing arts center, conference and event facility on a nearly 70,000 sq. ft. parcel of harbor-side property it owns in downtown Port Angeles, Washington. The project results in a high-quality community-based arts facility in Port Angeles and a good return on investment for the North Olympic Peninsula. Port Angeles School District and Peninsula College – The City requests support from our legislators to resolve the following District priorities: 1.) Resolve the inequality of the Regionalization Factor within WA state districts to maintain funding for staff-PASC receives 6% ($517,648) temporary funding and it is regressing, 2.) Address the prototypical funding model to meet the needs for additional Counselors and School nurses for each school-7.16 counselors for PASD among 8 school sites, 3.) Support funding for Special Education programs to avoid districts dipping into Levy dollars, while seeking Simple Majority qualifiers for School Capital bonds and facilities levy, 4.) Create equality between property value and districts-PASC will lose 45% of levy/LEA funding this year. The City supports Peninsula College’s Capital request of $2.7M for the design of the Advanced Technology Center and their 2019-2021 Operating Budget Request. PUBLIC SAFETY EOC – Emergency Operations and 911 Dispatch Center – Joint City and County enterprise. Currently the EOC is not suitable for large scale earthquakes or future emergency operations. The 911 center too is not suitable for long term regional 911 and dispatch needs. A joint facility bridges both operations, allowing for other funding and partnerships as appropriate. The City is requesting the legislature support the Clallam County Sheriff’s request of $2M for the new EOC. 321 E. FIFTH STREET PORT ANGELES, WA PHOTO BY ERIC NEURATH December 17, 2019 I - 2 Stormwater – The City of Port Angeles is committed to eliminating pollution in stormwater, however, the State implementation of the National Pollutant Discharge Elimination System Phase II Permit continues to add on new layers of regulation when our community has not yet adjusted to prior regulatory changes. Most importantly the State is striving for a one size fits all approach and Port Angeles has numerous unique characteristics that require unique solutions. Detailed concerns were outlined in a letter to Ecology dated November 14, 2018. To date no response has been received. Multi-Family Tax Credit Expansion – The City would like to see an expansion of the Multi-Family Housing Tax Credit to ensure it incentivizes re-development of already developed areas. Current statute provides distinct advantages to greenfield development. Port Angeles has limited opportunities for greenfield development and redevelopment of 1930’s and older housing stock is more likely to create successful outcomes in our community. Mental Health Field Response Teams – The current State Legislature grant to 8 law enforcement agencies is at $1 million total. PAPD $135,000 1.5 social worker FTE and officer overtime. Request at a minimum to maintain the current grant for 2019-2020. The expanded grant would allow the Re-Discovery program to widen its reach and reduce jail and hospital costs over time. Services upstream will attain a higher success rate. Complete Streets – In 2018 City Council passed a Complete Streets Ordinance. Shortly thereafter, Futurewise nominated the City for a Complete Streets Award. This program is extremely important to the City and we ask the legislature to maintain this program. HOUSING, HUMAN SERVICES AND INFRASTRUCTURE Highway 101 at Morse Creek – Our family members and friends travel Highway 101 daily and it is time that funding be allocated for safety enhancements to this corridor. Specifically, the City would like to support Representative Chapman’s request for a $5M in safety enhancements to the Morse Creek dip section of Highway 101. Stable, Dedicated Funding For Proactive Policing. WA State is 51st (or in last place) in the US law enforcement officer per capita ratio. Opioid abuse, property crime, firearms offenses, violence, declining property values are impacting quality of life. WA law enforcement agencies need stable and dedicated funding. PAPD has had one previously funded patrol officer position (officer #33) vacant since 2011 due to a lack of funding and is currently 8 officers short of the recommended 2 officers per 1000 best practice. 2 or 3 more officers would have a visible effect in the Downtown and on the Olympic Discovery Trail, and in our existing proactive community policing efforts (which include Re-Discovery). $85,000 per year per officer. The City supports AWC’s six 2019 Legislative Priorities: • Support economic development tools to encourage job creation and economic growth. • Keep the Public Works Trust Fund in working order. • Invest in affordable housing. • Fund a systems approach to correct fish- blocking culverts. • Provide responsive funding for the Criminal Justice Training Commission (CJTC). • Address a failing behavioral health system. ADDITIONAL REGIONAL AND STATE ISSUES SUPPORTED BY THE CITY CONTACT: CITY OF PORT ANGELES 321 E. FIFTH STREET; PORT ANGELES, WA 98362 WWW.CITYOFPA.US • (360) 457-0411December 17, 2019 I - 3 Support statewide medication assisted treatment (MAT) services in city and regional jails by providing local flexibility Cities are experiencing the consequences of an overwhelmed state behavioral health system. While the state has made investments to address some of the challenges, more help is needed. Local jails have increasingly been called to action to address opioid use disorder and provide treatment. However, the costs are overwhelming city criminal justice budgets across the state. City jails need additional state support to access MAT services to save lives and reduce recidivism. Advance a watershed-based strategic plan to address local fish-blocking culverts along with state culverts Cities need the state to adopt a broader vision to create a comprehensive response that funds local barrier corrections and provides actual habitat access for fish. Cities recognize that the state is facing a $4 billion price tag to fix fish-blocking culverts that the U.S. Supreme Court has found to impinge on tribal treaty rights to fish harvests. Cities also own 1,300 barriers in the same streams, and similarly have no identified revenues to pay for needed corrections. A statewide approach is the only way to achieve meaningful salmon and orca recovery. Continue to pursue new resources and policies to increase affordable housing both at the state and local level Our communities continue to face a housing crisis and need state support to incentivize housing options. The Legislature can help by proactively supporting cities’ voluntary adoption of more effective ADU ordinances and providing additional councilmanic tax authority for housing. Cities need enhanced tools to attract and preserve multifamily development, like changing the multifamily tax exemption program to open it to smaller cities, extending the tax exemption for continued affordability guarantees, and expanding the ability to preserve existing affordable housing. Adopt a comprehensive set of transportation policies that provide robust new resources and local options Cities are responsible for a significant share of the statewide transportation system and fund most of that responsibility out of local tax dollars. Cities struggle to meet the $1 billion gap in transportation maintenance and preservation costs. To meet these ever-expanding needs, the state must maintain existing and create new transportation- specific revenue options for cities. The state must also develop a statewide transportation package that includes increased resources for city transportation needs. Fully fund the Public Works Trust Fund (PWTF) The Public Works Trust Fund is a crucial funding partner in our efforts to provide the necessary infrastructure for our communities. We seek full funding for the program and ask the state to protect the current stream of loan repayments and uphold the 2% state share of REET dedicated to the account. Additionally, we look to strengthen the program by ending the ongoing revenue diversions as soon as possible. Create a tax increment financing (TIF) option for cities Washington’s cities need economic development tools that help maintain, expand, and modernize local infrastructure to spur local private sector investment. By investing in TIF, the Legislature can partner with cities to advance our shared goals of building a robust and diverse economy for communities around the state. For maximum impact, cities need access to both property-tax and sales-tax based TIF programs. Preserve city fiscal health with secure funding sources Cities need revenue authority and flexibility to keep up with community growth and increasing service needs. State investment in shared revenue distributions is instrumental to support essential city programs and services. Responsive revenue options allow local elected officials to make the best community-based decisions about how to keep up with growth and the increasing costs of providing basic services like public safety and transportation. Arbitrary restrictions on local revenue decisions unnecessarily hurt residents by limiting critical local services. Candice Bock Government Relations Director candiceb@awcnet.org • 360.753.4137 09/27/19 Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org 2020 Legislative Priorities December 17, 2019 I - 4 Date: December 17, 2019 To: City Council From: Nathan West, City Manager Abbi Fountain, Human Resources Manager Subject: City Council Salaries, Council Committees, and Council Community Outreach Background / Analysis: Council Committees: Discuss committee participation. Council Community Outreach: Discuss various venues Council meets with members of the community. Council Member Compensation: The last time the salaries for the City Council were increased was in 2008. During a Think Tank discussion on December 3rd, it was agreed by all the Council members that the topic of increasing the City Council salaries would be added to the December 17, 2019 meeting agenda. City Council asked staff to research the process to increase salaries. Research concluded that City Council members may not increase their salaries during their own term of office. The Washington State Constitution establishes this rule: The salary of any county, city, town, or municipal officers shall not be increased . . . or diminished after his election, or during his term of office; . . . (Wash. Const. Art. XI, §8) Therefore, if the City Council in 2019 votes to increase the compensation of council members, the increase in compensation would be effective for new members who take office in 2020, but it would not be effective for those three members whose terms continue until 2022. The increase would be effective for all members taking office in 2022. In contrast, if the City Council waits until 2020 to increase the compensation, the increase in compensation would be effective for the 3 members who take office in 2022, but it would not be effective for the members until 2024. Funding Overview: Funding will be determined once City Council reaches a decision on the topic. Summary: During the Think Tank meeting on December 3, 2019, City Council agreed to add the topic of increasing City Council salaries to the December 17, 2019 meeting agenda. During that same meeting, Council also discussed Council committees and community outreach. Funding: To Be Determined Recommendation: Discussion December 17, 2019 I - 5 Mayor Council Compensation 12/3/2019 Mayor Council Mayor - Council Per Month Per Month Mayor Council Mayor Council 1 Aberdeen (16,780)1,091.00$ 413.00$ X 1,091.00$ 413.00$ 2 Anacortes (16,990)8,891.00$ 1,200.00$ X 8,891.00$ 1,200.00$ 3 Bainbridge Island (24,320)1,250.00$ 1,000.00$ X 1,250.00$ 1,000.00$ 4 Battle Ground (20,890)750.00$ 600.00$ X 750.00$ 600.00$ 5 Bonney Lake ( 20,940)2,100.00$ 850.00$ X 2,100.00$ 850.00$ 6 Camas (23,770)2,392.00$ 816.00$ X 2,392.00$ 816.00$ 7 Centra!ia (17,060)400.00$ 200.00$ X 400.00$ 200.00$ 8 Covington (20,080)Stipend Stipend X Stipend Stipend 9 Ellensburg (19,660)500.00$ 250.00$ X 500.00$ 250.00$ 10 Kenmore (22,920)955.00$ 849.00$ X 955.00$ 849.00$ 11 Maple Valley (25,280)930.00$ 730.00$ X 930.00$ 730.00$ 12 Mercer Island (24,270)400.00$ 200.00$ X 400.00$ 200.00$ 13 Mill Creek (20,470)700.00$ 500.00$ X 700.00$ 500.00$ 14 Monroe (18,850)3,600.00$ 800.00$ X 3,600.00$ 800.00$ 15 Mount Lake Terrace (21,560)1,000.00$ 800.00$ X 1,000.00$ 800.00$ 16 Mukilteo (21,320)5,900.00$ 500.00$ X 5,900.00$ 500.00$ 17 Oak Harbor (22,780)4,491.00$ 643.00$ X 4,491.00$ 643.00$ 18 Port Angeles (19,370)600.00$ 550.00$ X 650.00$ 550.00$ 19 Sunnyside (16,850)600.00$ 400.00$ X 600.00$ 400.00$ 20 Tukwila (19,800)9,249.00$ 1,250.00$ X 9,249.00$ 1,250.00$ 21 Tumwater (23,830)1,660.00$ 778.00$ X 1,660.00$ 778.00$ 22 Washougal (16,020)720.00$ 575.00$ X 720.00$ 575.00$ 23 West Richland (15,320)5,000.00$ 550.00$ X 5,000.00$ 550.00$ TOTAL 14,454.00$ 8,855.00$ 6,654.00$ 44,374.00$ 7,800.00$ AVERAGE 657.00$ 737.92$ 554.50$ 4,437.40$ 780.00$ Council - Manager#Council- Manager Mayor- CouncilCities 15,000 to 29,999 December 17, 2019 I - 6 Date: December 17, 2019 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Peabody Creek Culvert – Professional Services Agreement (PSA-2019-42) Background / Analysis: The Peabody Creek culvert runs underneath US 101/Lincoln Street and is a critical component of the State/City transportation infrastructure. This culvert, initially constructed in 1914, has outlived its useful service life and requires repair. To begin repair, preliminary engineering, hydraulic analysis, and stakeholder coordination must be performed. Two firms were evaluated in response to the City’s Request for Qualifications. Parametrix has been selected as the most qualified firm to provide these services. Through this agreement, the City will receive support services until June 30, 2021; Parametrix will work with City staff to: • Produce the Preliminary Hydraulics Report • Assess potential mitigation options • Develop preliminary designs and estimates • Coordinate with stakeholders • Reach agreement on a preferred approach Professional Services Rationale: The tasks supported by this Professional Services Agreement require personnel with specialized civil and environmental engineering knowledge, as well as several other unique skill sets the City does not currently retain in-house. For this reason, the City is seeking outside support. Summary: The purpose of this memo is to receive City Council approval for a Professional Services Agreement for preliminary engineering work associated with the repair of the Peabody Creek culvert under Lincoln Street. This project is included in the approved 2020-2025 CFP. The work in this agreement will include preliminary engineering, an alternatives analysis, hydraulic analysis, and stakeholder coordination. Two firms from the MRSC roster responded to the City’s Request for Qualifications. Based on their Statement of Qualifications and an interview with City staff, Parametrix was selected as the service provider. Funding: Funds for this effort are available in the 2020 Capital Transportation budget (account 312- 7930-595-6510 TR0414). Recommendation: Approve and award a Professional Services Agreement with Parametrix in the not to exceed amount of $149,942.30, and authorize the City Manager to sign and execute the Professional Services Agreement and to make minor modifications as necessary. J - 1December 17, 2019 Funding Overview: Funds for this effort are available in the Capital Transportation budget (account 312-7930-595-6510 TR0414). Table 1 below identifies the tasks and the negotiated amount for the proposed scope of work. Table 1 Task Scope of Work Cost Estimate 1 Project Management $19,612.35 2 Preliminary Hydraulic Design $86,231.86 3 Agency Coordination $19,130.79 4 Preliminary 15% Design $24,967.30 Project Total $149,942.30 J - 2December 17, 2019 J - 3December 17, 2019 J - 4December 17, 2019 J - 5December 17, 2019 J - 6December 17, 2019 J - 7December 17, 2019 J - 8December 17, 2019 J - 9December 17, 2019 J - 10December 17, 2019 J - 11December 17, 2019 J - 12December 17, 2019 J - 13December 17, 2019 J - 14December 17, 2019 J - 15December 17, 2019 J - 16December 17, 2019 J - 17December 17, 2019 J - 18December 17, 2019 J - 19December 17, 2019 J - 20December 17, 2019 J - 21December 17, 2019 J - 22December 17, 2019 J - 23December 17, 2019 J - 24December 17, 2019 J - 25December 17, 2019 J - 26December 17, 2019 J - 27December 17, 2019 J - 28December 17, 2019 J - 29December 17, 2019 J - 30December 17, 2019 J - 31December 17, 2019 J - 32December 17, 2019 J - 33December 17, 2019 J - 34December 17, 2019 J - 35December 17, 2019 J - 36December 17, 2019 J - 37December 17, 2019 J - 38December 17, 2019 J - 39December 17, 2019 J - 40December 17, 2019 J - 41December 17, 2019 J - 42December 17, 2019 J - 43December 17, 2019 J - 44December 17, 2019 J - 45December 17, 2019 CITY OF PORT ANGELES Lincoln Street - Peabody Creek Culvert l Jonathan Boe h m e, P.E. � � City Engineer PORT ANGELES OVERVIEW Strait of Juan de Fuca Port Angeles Harbor 5 Creeks Olympic Mountains �� y, L LY L�n 8000 � Y00 u d o Drainage basuns �p u�duwsrmnwsrmnuvxmn P71�7 d tailll 6 City boundary SHINGT i UV INN �uuu a uu uuu uu uu Ca ► Peabody Creek Basin Approxiii,nate Peabody Creek watershed ► Extends through the middle of the downtown business district ► Final 1 ,070 in structurally deficient culvert ► Culvert on injunction list I ► Creativity beyond typical ` open cut a y n 1 I J i I , i mwOriv,r � j�i PEABODY CREEK CULVERT /✓/ �., d A moa '( uarl R (/mi,i, duffsta R'1Is' Khy, Harbor oNNONNo-01I:'u"l 'Nauta Pi,rarr, � 9'6aVmNaanl�p r,;ram+EfM %��� N.� �" 4Wk ox ► Unique Factors: ► On State Fish Passage Injunction List ► Multi-jurisdictional (City and WSDOT) 1 w ► Culvert daylight problematic (R/W, Street 9 Connectivity, limited I habitat) ► Prioritization and habitat potential among area creeks Il / e 1100 0 gni PEABODY CREEK LINCOLN ST CULVERT ri I rrr Y Picture Construction of curlvout north at intersection of froom and Lincoln(looking south) Picture,1,0:(Port Ant,,nles rc geading i / HISTORICAL � � rrm�ami �C� Vvi a av'r PHOTOS � r w+ rn Picture 2r,Construction of faunal to tho north from entrance(looking north) Picture 6� Construction of cu fvert north of intersection of First and Lincoln(looking souutlt) f i. ✓/.r ri i.. p^µ^q,^..... qn Y....q.�vg r.... Figure -3. Ellipse: missing invert (1701') Figure -4. Ellipse: missing invert (176') j /%// r, / v ri l ) J1 CULVERT OBSERVATIONS Flqur 2-9. Ellipse: crack with infiltration (3'35'�) Figure 2-10. Ellipse: crack with infiltration i1r ,,,, � Y ��P I '�, I� I ,n f I y 4{ > > w..w err. ..... .. ... .. � . � � r� VOID 21 - 30 �� G . �- r,� ,o���,,: �ri�i i,i, � �.., �: —4 � d; �`r4rN,,yr�p l .. a„ l', ,l. �„6'. m of J' J "'fir m M1 �.,.. .�. Y ��” _ ' VOID 12' _„20' VOID 16' - 18' ' 1� n�rT1 VOID 4' - 7' ww.. 1 ` l Figure 31.Yount loczaUons at the intersection of Lincoln Street and First Street ► High potential for structural failure ► 2012 - 8 foot sinkhole was identified and filled at the intersection of Lincoln St and First St ► 2014 - Ground penetrating radar identified 4 voids in close proximity to the culvert ► 2019 - Inspection of culvert revealed no significant changes in condition CULVERT OBSERVATIONS Poll O i�� es 6, 0 , 4npw� ""......... C I,ke, I'll........... Y/ ....... .......... q, r ........... .................... V1,1 odl Ly A�� If "'m w")Ako 11"j t" A A 0 (11*115 0,75 1 mi Washington State Fish Passage INot a barrier To tai Fish Diversion Partial Fish A Passage NaturaV Barrier- Blod(age A &M, miad of Passage Verified FISH..i Rockage Barrier, WULFF, Unknown 10 Unknown Percent o Corrected Pa ssabIle Barriers ► 2009 Scoping level concepts evaluated including open cut and repair alternatives ► 2013 State Fish Passage Injunction ► 2014 City Study identified four voids in close proximity to culvert ► 2016 City identified preliminary design funding to accelerate project, Meets with Stakeholders WSDOT, LEKT and USACOE ► 2020 City Environmental and Permitting coordination and interest in accelerating nearby Ennis Creek Restorations TIMELINE J � .... WrWOef Cp 1r„ VG d;;q't&d!°II tldf, Ifl IJ 1" ..' W'Id'NY qU�u� Aoa hot: 1\ ✓" ME ..... �1 wr:raNi. f fO "VP, �. 'y�'L 4N IVN ....PPNP FAWNV7 NN Y6Fa1B.71,L^^^" � ,. G P F f: Th;N11r', LCLStatt......."/ PCN". Ltlf.bivm.. a" t r i N r o W.. r ,�.. l� W 1MFD WCR V4 P.Irt2b i51^1;�p iNNN ,,...•.w bN�„f1C6t 'e 11X1. N1;.XaoNC1r,G"4.4 n�p'.....a„ f( w--w.,., ..... RNFAIN ANA wf'w M 1n(i+rror.N lq1 CL m C4b�VUPY dp 4Y I17 D CII, NF lMb CNKI "✓.a[1N�..„.- �,,'"~. UPAE0 AALN IM,7 G,,p WHVACHNNI 71.1kL a]NtVNV dh4 6' IN EV Ni kVENN'S l f„}Ce47 dICY;Nt IE kl Nf Y�"tl d& M1^m NO= I o WIF SECTION ASECTION 6 SECTION C A 0,00 C iN 1 n�3 0 N.I1(ti” d h4 I:[1Pfl f 1 f&. Wuf✓(. 'JO CRI,iL 8N fS J.Y,ON UIC. tl41t,7d'"� tG I1wlh I'; s74 Mmu so 4, k3 C) "m BE) w "A woo PEABODY CREEK / LINCOLN STREET CULVERT REHAB ► Consultant Agreement ► Hydraulic Analysis ► Stakeholder buy in of repair with in place concepts and fish baffles ► Finalize Design ► Secure construction funding for Peabody Culvert Repair and Ennis Creek Culvert Replacement Project Status: Preliminary Design (2019/2020) - CFP $446K budgeted ,",ftt1F Total Construction Project Cost: $3.0 million i r PEABODY CREEK / LINCOLN STREET CULVERT REHAB v„ fti�Nr a7 q� NEXTSTEPS m Eroded/� ,issininvert r jdY e 6 �yA" 1i i 1 r✓ n, I arP •'P.. ,miF,c,m&Arn 011e^; ► City Double Barrel Culvert Replacement ► WSDOT Culvert Replacement upstream ► High habitat potential in r Ennis Creek Watershed o, U V11 111 ;.!k;,., 0/0 Project Status: Unfunded Project Cost: $0.5 million 00 _____________30.4 HEAMALL_____________ a s^5 r b dp M1' xx Xx l WM" ENNIS CREEK w, CULVERTy REPLACEMENT Tel 26'.0"SPAN TYPICAL END ELEVATION ► Support Services Included: ► Hydraulics Report ► Mitigation Options ► Preliminary Design and Estimates ► Stakeholder Coordination ► Preferred Approach ► Two firms submitted qualifications and were interviewed ► Contact Amount: $149,942.30 with Parametrix ► Funds are budgeted in the 2020 CFP PROFESSIONAL SERVICE AGREEMENT Questions & Discussion THANK YOU Date: December 17, 2019 To: City Council From: Ken Dubuc, Fire Chief Subject: Medical Equipment Purchases Background / Analysis: The Fire Department has identified a need for several important equipment purchases that will increase our ability to operate safely and effectively. First are power lift devices that assist personnel who are lifting patients and gurneys into the back of ambulances. The combined weight of a patient and gurney often exceeds 300 pounds and can be as high as 700 pounds. Power lift devices are designed to carry the full weight of the loaded gurney as it is loaded into or removed from the ambulance. These devices have been proven to significantly reduce the occurrence of back injuries. A single back injury is not only physically debilitating, but also extremely costly. A single prevented injury could easily cover the total cost of these devices. The Department currently has one of these devices installed in a medic unit as a demonstration unit. It has been operating exactly as designed and has been extremely effective. This proposal is to equip each of the 3 medic units with one of these lift devices. The second proposed purchase is for battery-operated chest compression devices that enable response personnel to provide perfect, uninterrupted chest compressions during CPR. Performing CPR chest compressions over extended periods of time is extremely difficult, especially as a patient is being maneuvered through rooms, down stairs or into a medic unit. The Department has been utilizing a Summary: The Fire Department proposes equipment purchases that will increase the ability of personnel to operate safely and effectively. First, are power lift devices that assist personnel who are lifting patients and gurneys into the back of ambulances. These devices are designed to significantly reduce the possibility of costly back injuries. Second, are battery-operated chest compression devices that enable response personnel to provide perfect, uninterrupted chest compressions during CPR. The Department has been utilizing “loaners” of both these devices and they have performed flawlessly. This proposal is to purchase one of each of these devices for each of the Department medic units. Third, is a power assisted gurney. The Department currently has two, we need a third so that all of our medic units are equipped the same. Funding: The Fire Department has received several hundred thousand dollars of additional ambulance transport revenue from the Washington State Health Care Authority (HCA) through the Ground Emergency Medical Transport (GEMT) program. These funds are deposited to the Medic 1 utility and are required to be used for Medic 1 purposes. The total cost of these purchases is $183,130,95. The use of this additional revenue was planned to build the Medic 1 fund balance to 25%. To-date the City has received approximately $994,400 in GEMT revenue, an additional amount of $814,400 from the planned budget amount of $180,000. Of this additional amount $492,900 is required for the fund balance, leaving $321,500 available for other Medic 1 related Capital needs. Recommendation: Authorize the purchase of three Stryker Power-LOAD gurney lift systems and three Stryker Lucas chest compression devices. J - 46December 17, 2019 “loaner” of one of these devices and it has performed flawlessly. This proposal is to purchase one of each of these devices for each of the 3 Department medic units. The third proposed purchase is for a power assist gurney. These are battery powered hydraulic lift gurneys that raise and lower with patients onboard. These gurneys are a proven back-saver that assist firefighters with patient handling. The Department currently has two of these powered gurneys, we need a third so that all of our medic units are equipped the same. We routinely have all three medic units out simultaneously. Funding Overview: The Fire Department has received several hundred thousand dollars of additional ambulance transport revenue from the Washington State Health Care Authority (HCA) through the Ground Emergency Medical Transport (GEMT) program. These funds are deposited to the Medic 1 utility and are required to be used for Medic 1 purposes. The total cost of these purchases is $183,130,95. The use of this additional revenue was planned to build the Medic 1 fund balance to 25%. To-date the City has received approximately $994,400 in GEMT revenue, an additional amount of $814,400 from the planned budget amount of $180,000. Of this additional amount $492,900 is required for the fund balance, leaving $321,500 available for other Medic 1 related Capital needs. J - 47December 17, 2019 Date: December 17, 2019 To: City Council From: Nathan West, City Manager Allyson Brekke, Director of Community and Economic Development Corey Delikat, Director of Parks and Recreation Thomas Hunter, Director of Public Works and Utilities Subject: City Landscape Standards and Tree Stewardship as Referenced in the Strategic Plan Background / Analysis: The 2019-2021 Strategic Plan included item 1.D.8 Review and analysis of existing landscape standards and policy, identify gaps in policy and gaps in enforcement for upholding City landscape standards and tree stewardship. Staff conducted a review of all City policies regarding trees and landscape standards. As part of that review well over a hundred policies were identified in over six (6) different documents. Oversight for these different policies is allocated to over four (4) different departments. Existing Standards and Policies The following locations are home to tree and landscape standards: • Comprehensive Plan • Shoreline Master Program • Port Angeles Municipal Code o Title 8 Nuisance o Title 11 Right of Way Requirements o Title 12 Public Places o Title 15 Protection of Critical Areas o Title 16 Subdivision Standards o Title 17 Design and Landscape Requirements • Urban Services Standards and Guidelines • Street Tree List • Street Tree Council Approved Policy • Tree City USA Standards Summary: As part of the 2019-2021 Strategic Plan City Council prioritized the review and analysis of existing landscape and tree standards and policies with the goal to identify gaps and necessary changes. Funding: Changes to policies will require the investment of staff time as well as changes to the Port Angeles Municipal Code. An update to the Port Angeles Municipal Code has been initiated by Council and is currently funded in the 2020 Budget. Recommendation: Information Only. December 17, 2019 L - 1 Additional Review Considerations The City invested resources in a tree canopy study which established a baseline for tree canopy in 2011. It identified canopy by zone and neighborhood and can continue to serve as a guidance tool for future focus areas. On July 2nd 2019, Arborist John Bornsworth provided a presentation which highlighted common elements expected in municipal codes including the importance of better tree protection standards, landmark tree regulations, enforcement and the importance of policies on healthy tree removal. He further pointed out the importance of community and stakeholder support in the enhancement of policy and code. The City has also established a designated tree account entitled the Community Forestry account. The current balance of which is $3,780. The account was established by ordinance in 2015. Summary Findings Staff have identified numerous important changes and gaps in landscape and tree policy. The following priority steps are important to ensuring an improved approach to policy implementation. • A primary finding of the review is the need to audit the Port Angeles Municipal Code for consistency, cohesiveness and conflicting language. The fact that code contains tree and landscape policies in six different titles does not allow for effective administration. • The re-implementation of the City Code Enforcement program in 2020 will be a key step to ensuring improved maintenance of the City’s canopy. • The current street tree ordinance goes a long way to help protect street trees, however, public education is necessary to ensure proper pruning and maintenance is carried out. The City plans to launch an educational campaign this spring to provide guidance on care for trees. • The Community Forrester position was established with the intent that one individual administers all tree related policies. This position needs to be reconsidered as it is only a title without dedicated resources. Budgeting staff and resources are critical to successful tree and landscape stewardship. • The Street Tree planting approach must be streamlined to make it easier for citizens to plant trees in the right of way. Conflicts with utility related codes need to be resolved. • Vandalism replacement policy and consistent mitigation standards also need to be introduced. Funding Overview: Changes to policies will require the investment of staff time as well as changes to the Port Angeles Municipal Code. An update to the Port Angeles Municipal Code has been initiated by Council and is currently funded in the 2020 Budget. December 17, 2019 L - 2 2 years from now, in order to… / we must… / by focusing resources to… / we will… Objectives (words) Goals (numbers) Strategies (words) Actions / Measures (numbers) Quality of Life 1. Preserve long-term economic, ecological and social wellbeing while demonstrating innovative and desirable urban design principles. Adopt plans and policies by the end of 2020 that pave the way for: A. Increased density for all land uses. B. Diverse housing options in attractive mixed-use neighborhoods. C. Improved multi-modal transportation corridors. D. Enhanced aesthetic that celebrates unique local history, climate, and culture. • Implement zoning to encourage infill and support mixed-use development in existing neighborhoods • Create process for consistent code enforcement efforts • Improve transportation circulation patterns and amenities for walking, biking, and connecting neighborhoods to downtown, commercial districts and trail systems • Improve design and beautification efforts in parks, downtown, and visitor areas A. Increased density and efficient land use: 1. Implement City Code Compliance Program; hire necessary staff by Dec 31, 2019 CED, Legal, PD – Updated time In 2020 Budget • Evaluate implementation of 311 or similar system in conjunction with code compliance program December 31, 2020 CM (IT Division) On Schedule 2. Evaluate vacant property fees/tax by Dec 31, 2019 Legal Complete 3. Annual Assessment of progress per AIA Urban Design Study Dec. 31, 2019 CM Update at Meeting 4. Leverage city-owned assets for development (list) by Dec 31, 2020 CM, PW On Schedule 5. Evaluate feasibility of Volunteer Coordinator by Dec 31, 2020 CM (HR) On Schedule B. Diverse housing options: 1. Complete Housing Needs Assessment by Feb 2019 CED and begin implementation of assessment Project Complete 2. Update subdivision code to encourage infill by Dec 31, 2020 CED On schedule C. Multi-modal transportation: 1. Implement Complete Streets Policy for transportation improvements that encourage safe biking, walking, and transit use. • Complete 10th Street construction June 30, 2019 PW Project Complete • Complete 90% Construction Drawings for Lincoln Street by Dec 31, 2020 PW On Schedule • Hill Street Bid Package Dec 31, 2019 PW, CED Behind schedule-design under further review prior to bid package-anticipated March 31, 2020 • Race Street Complete Design Dec 31, 2020 CED On schedule 2. Provide multi-modal transportation maps by Dec 31, 2019 PW On schedule D. Enhanced aesthetic: 1. Prepare bid-ready Wayfinding Plans by Dec 31, 2019 CED Behind schedule – Prepare by March/April 2020 2. Update Sign Code by Dec 31, 2019 CED, Legal Converted to PAMC Update 3. Implement form-based techniques into zoning code updates by Dec 31, 2020 CED Converted to PAMC Update 4. Improve Civic Field ADA sidewalk/entrance by June 30, 2019 P&R March 2020 5. Implement tobacco-free ordinance in parks and public spaces by Nov 30, 2019 P&R Converted to PAMC Update 6. Replace Erickson Playfield Dream Playground by Dec 31, 2020 P&R On Schedule- New Completed date is targeted for September 11, 2020 7. Remove unsafe playgrounds and plan for park revitalization: Lincoln Park, Charles Wilson Park, Wolverton Park, and Pirate Ship at City Pier by Dec 31, 2020 P&R On schedule 8. Review and analysis of existing landscape standards and policy, identify gaps in policy and gaps in enforcement for upholding City landscape standards and tree stewardship by Sep 30, 2019 CM & Multiple Departments Update at meeting 9. Public Restroom Replacement and assessment of bathroom facility availability by Dec 31, 2019 P&R In Budget for 2020 City of Port Angeles Strategic Plan 2019-2020 – Approved by Council January 15, 2019 Vision: The City of Port Angeles is vibrant and prospering, nurturing a balance of innovation and tradition to create an environmentally, economically, and fiscally sustainable community, accepting and cherishing its social diversity, small-town character and natural setting. December 17, 2019 L - 3 Objectives (words) Goals (numbers) Strategies (words) Actions / Measures (numbers) Financial Capacity 2. Build financial capacity to provide consistent, quality municipal services and infrastructure improvements. A. Identify City 5-year priorities reflecting forecasted revenues, expenses, and Council-driven budget goals by year end 2020. • Leverage City-owned assets • Source new revenue streams • Evaluate multiple funding models: ~ State / Federal grants ~ Property and asset sales ~ Special benefit districts ~ Public-private enterprise ~ Expand tax base A. 5-year priorities reflecting forecasted revenues, expenses: 1. Update Long Range Financial Plan for 2019-24 by Aug 31, 2019 Finance Updated time – April 2020. 2. Provide Capital Facilities Plan for 2020-25 by May 8, 2019 Finance Complete 3. Plan for maturity of L.T.G.O. Bond by July 31, 2019 Finance Complete – Built into 2020 Budget. 4. Update Affordability Index to assess local taxes, utility rates, and disposable income against regional benchmarks by June 30, 2019 Finance, PW Complete 5. Complete COSA by June 30, 2019 Finance Complete Organizational Excellence 3. Exemplify excellence in government and community leadership. Adopt plans and policies by the end of 2020 that support and enable: A. Identify 3 new or improved methods of promoting community awareness of City plans, programs and services by 2020. B. Increase Council inter-jurisdictional collaboration. C. Taking care of what we have. • Upgrade tools and technology for internal efficiency, transparency, and convenience for public use • Improve external communication and protocols for managing public expectations • Leverage community groups to provide for citizen involvement • Create inter-jurisdictional Community Agendas led by City Council members • Collaborate with agencies and organizations A. Community Awareness: 1. Define Levels of Service Dec 31, 2019 CM, All Departments In Comp Plan 2. Implement Communication Plan by Dec 31, 2020 CM On schedule 3. Complete a community-driven Climate Action Plan by Nov 30, 2019 Council, FD Draft plan forwarded to Planning Commission • Identify feasible steps of zero waste, 100% recycling and renewables PW Dec 31, 2020 On schedule 4. Continue Community Agenda topics: a) Housing, b) Homelessness issues, c) Schools, d) Opioid crisis, e) Creeks Ongoing Council 5. Continue work on continuity of operations planning by Dec 31, 2019 FD Complete 6. Mass notification system training by Dec 31, 2019 FD Complete B. Interjurisdictional Collaboration: 1. Provide City leadership to facilitate community-driven disaster preparedness (e.g. map your neighborhood) by Dec 31, 2020 FD On schedule 2. Implement Community Paramedicine Program in 2019 & secure funding by Dec 31, 2020 FD On schedule 3. PEN COM/JEFF COM Regionalization – merge dispatch database and deploy single enterprise software solution for both counties Dec 31, 2020 PD Complete 4. Emergency Operations Center by December 31, 2020 FD & PD On schedule 5. Police Explorer Post – deploy police explorer program with vetted youth, trained law enforcement, partnership w/Boy Scouts Dec 31, 2020 PD Completed 6. Clallam County PUD resolve long term water and electrical agreement concerns by Dec 31, 2020 PW On-Going 7. Dry Creek water agreement resolve long term water concerns by Dec 31, 2019 PW Complete C. Taking Care of What We Have: 1. WA Association of Sheriffs and Police Chiefs Re-Accreditations Dec 31, 2019 PD Complete 2. Identify and evaluate the viability and values of excess properties not being used for municipal purpose by Dec 31, 2019 (e.g. Morse Creek) CM, Legal, PW Continues in 2020 3. Implement life-cycle asset management plan for replacement costs by Sep 30, 2020 Finance, PW, P&R On schedule 4. Manage claims by and against the City relating to Harbor Cleanup Dec 31, 2019 Legal Continues in 2020 5. Analyze response times and fire related impacts to housing development Dec 31, 2020 in conjunction with EOD FD On schedule Department Key: 1. FD: Fire Department 2. PD: Police Department 3. P&R: Parks and Recreation 4. PW: Public Works 5. Legal 6. CED: Community and Economic Development 7. Finance 8. CM: City manager December 17, 2019 L - 4 JAN FEB MAR APR MAY JUN JULAUG SEPOCT NOVTotalNEW CONSTRUCTION    ‐1‐1‐‐2‐‐1‐5REPAIR AND ALTERATION23819111410181591718162NEW CONST.    ‐‐‐2‐‐ ‐ ‐ ‐ ‐ ‐2REPAIR AND ALTERATION112111‐1‐‐‐8NEW CONSTRUCTION    ‐‐‐‐‐‐‐‐‐‐‐0REPAIR AND ALTERATION‐‐‐1‐‐2‐‐ ‐ ‐3NEW MULTI FAMILY         ‐‐‐‐‐‐‐1‐‐‐1NEW MANUFACTURED HOME     ‐11‐2‐‐ ‐‐ ‐ ‐4NEW SINGLE FAMILY RESIDENCE  51321326131441NEW ACCESSORY STRUCTURE  121‐21‐12 1 213REPAIR AND ALTERATION6237485660436352545755587‐21‐36 1‐21117Total:9253757483648876688090843411558 3 3 3 2 843JAN FEB MAR APR MAY JUN JULAUG SEPOCT NOVTotalNEW CONSTRUCTION    ‐$9,000.00‐$54,000.00‐‐$6,045,000.00‐‐$27,137,173.00‐33,245,173$  REPAIR AND ALTERATION $1,401,903.00 $605,596.00 $1,105,779.00 $239,741.00 $4,483,127.00 $115,673.00 $716,221.00 $633,301.00 $169,334.00 $821,281.00 $427,315.00 10,719,271$  NEW CONST.    ‐‐‐$360,000.00‐‐ ‐ ‐ ‐ ‐ ‐360,000$       REPAIR AND ALTERATION$3,000.00 $500.00 $350.00 $60,000.00 $75,000.00 $7,000.00‐$6,100,000.00‐‐‐6,245,850$    NEW CONSTRUCTION    ‐‐‐‐‐‐‐‐‐‐‐‐$                REPAIR AND ALTERATION‐‐‐$7,000.00‐‐$11,909,000.00‐‐ ‐ ‐11,916,000$  NEW MULTI FAMILY         ‐‐‐‐‐‐‐$587,520.00‐‐‐587,520$       NEW MANUFACTURED HOME     ‐$209,425.00 $60,000.00‐$455,098.00‐‐ ‐‐ ‐ ‐724,523$       NEW SINGLE FAMILY RESIDENCE  $664,407.00$135,130.00$510,021.00 $505,000.00 $95,200.00 $287,836.00 $374,525.00 $1,213,250.00 $159,402.00 $428,125.00 $2,245,931.00 6,618,827$    NEW ACCESSORY STRUCTURE  $29,317.00 $12,775.00 $23,000.00‐$62,000.00 $35,000.00‐$27,000.00 $102,000.00 $30,000.00 $79,980.00 401,072$       REPAIR AND ALTERATION$717,165.00 $250,059.00 $315,246.00 $519,982.00 $590,491.00 $759,716.00 $517,571.00 $553,507.00 $493,814.00 $702,929.00 $355,816.00 5,776,296$    ‐$0.00 $7,000.00‐$26,000.00 $297,000.00 $2,500.00‐$195,000.00 $0.00 $8,500.00 536,000$       Total: 2,815,792$    1,222,485$  2,021,396$    1,745,723$  5,786,916$     1,502,225$  19,564,817$     9,114,578$    1,119,550$     29,119,508$     3,117,542$    77,130,532$  Res.DEMOLITION AND MOVING    PublicPublic2019 Building Report ‐ Number of Permits IssuedComm. Ind. Res.DEMOLITION AND MOVING    CERTIFICATES OF OCCUPANCY2019 Building Report ‐ Permit ValuationComm. Ind. December 17, 2019L - 5