HomeMy WebLinkAboutUAC Packet 12102019Utility Advisory Committee
City Council Chambers
Port Angeles, WA 98362
December 10, 2019
3:00 p.m.
AGENDA
I. Call To Order
II. Roll Call
III. Approval Of Minutes for September, 2019
IV. Late Items
V. Public Comment – The Utility Advisory Committee 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. Individuals may speak
for three (3) 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 (2) minutes. (Taken from
Council Rules of Procedure Section 12).
VI. Discussion Items:
A. FY 2019-2021 Water Quality Stormwater Capacity Grant Agreement Contract No.
WQSWCAP-1921-PoAnPW-00101.
B. Proposed Adjustments to 2019 Industrial Transmission Rates
VII. Information Only Items:
VIII. Next Meeting Date: February 11, 2020
IX. Adjournment
pg 1
I. Call To Order
Vice Chair William Atkinson called the meeting to order at 3:02 pm.
II. Roll Call
UAC Assigned
Councilmembers Present: Deputy Mayor Kate Dexter, Councilmember Lindsey Schromen-
Wawrin, Councilmember and Chair Cherie Kidd (3:04 pm),
UAC Members Present: Vice Chair William Atkinson, Mattias Järvegren, Paul Collins
UAC Members Absent: Raj Jethwa, Laura Dodd
Staff Present: Gregg King, Thomas Hunter, Nathan West, Jonathan Boehme,
Sarina Carrizosa, MarySue French, Shailesh Shere, Rob Feller,
Lucio Baack, William Bloor (4:00 pm), Marian Bodart, Yvette Nichols,
and Michelle Hale
Others Present: 1 Citizens
III. Approval Of Minutes
Lindsey Schromen-Wawrin moved to approve the June 11, 2019, July 9, 2019, and August
13, 2019 minutes. Kate Dexter seconded the motion.
Motion carried 6-0.
IV. Late Items: None
V. Public Comment: None
VI. Discussion Items:
A. Stormwater Education and Outreach Services – Interlocal Agreement with Kitsap
Co.
Lucio Baack, Civil/Utility Engineer II, requested the renewal of the Interlocal Agreement (ILA)
with Kitsap County for stormwater outreach services. Since 2012, the City has successfully
partnered with Kitsap County to economically meet the Phase II Municipal Stormwater
NPDES Permit requirements. Partnership in the ILA brings together a consortium of
stormwater permit jurisdictions on the Olympic Peninsula, and leverages Kitsap County staff
UTILITY ADVISORY COMMITTEE MEETING
City Council Chambers
Port Angeles, WA 98362
September 24, 2019
3:00p.m
pg 2
to develop effective and consistent outreach programs to be used by the West Sound
Stormwater Outreach Group (WSSOG). Discussion was held.
Lindsey Schromen-Wawrin moved to forward a favorable recommendation to City
Council to authorize the City Manager to sign the 3-year Interlocal Agreement with
Kitsap County with an annual amount not to exceed $12,209 and a total amount not to
exceed $36,627, and to make minor modifications to the agreement, as necessary.
Seconded by Kate Dexter. Motion carried 6-0
B. 2019 Neighborhood Sewer Rehabilitation, WW0618
Rob Feller, Civil/Utility Engineer I, presented the 2019 Neighborhood Sewer Rehabilitation
project, a multi-year Capital Improvement Project to repair or replace sanitary sewer lines.
Annually the City crews perform Closed Circuit Television (CCTV) inspections to identify
impaired assets, groundwater infiltration and troubleshoot specific operational issues.
Compromised or problematic areas are identified, reviewed and prioritized for repair or
replacement. Requesting UAC endorsement of the repair strategy and forward a favorable
recommendation for City Council to award construction contracts. Discussion was held.
Kate Dexter moved to have the UAC endorse the repair strategy for the 2019
Neighborhood Sewer Rehabilitation, Project WW-06-18, and forward a favorable
recommendation for City Council to award construction contracts. Seconded by
Mattias Järvegren. Motion carried 6-0
C. Proposed Adjustments to the 2020 Utility Rates
MarySue French, Cost & Capital Accountant, presented in detail the proposed 2020 rates for
all utilities. The rates were calculated using the approved Cost of Service (COSA)
methodology. The rates presented utilize the principles and methodologies to determine true
and fair costs associated with each utility and the associated customer classes. Nathan
West, City Manager, expressed appreciation to Finance, Public Works and especially the
UAC for their hard work in developing the rate structure and to City Council for adopting the
rates. The 2020 (one, two and three year) rates, including any UAC recommendations, will be
presented to City Council on October 1st, 2019. Discussion was held and more detail on low,
medium, high consumption rates, and two ERU rate options (15 and 30), were requested to
be included in the next presentation.
Lindsey Schromen-Wawrin moved to forward a favorable recommendation to City
Council to adopt the recommended 2020 rates with the methodology explained with
the exception of the ERU Stormwater cap being 30 instead of 15. Seconded by Kate
Dexter. Motion carried 5 approvals and 1 abstention.
Lindsey Schromen-Wawrin moved to recommend City Council re-evaluate the Electric
COSA to allocate power purchase costs to consumption rates rather than base rates
prior to adopting 2022 electric utility rates. Seconded by William Atkinson.
Motion carried 4-2
VII. Informational Only Items: None
VIII. Next Meeting Date: October 8, 2019
pg 3
IX. Adjournment: 4:15 pm
___________________________ __________________________________
Chair Cherie Kidd Michelle Hale, Administrative Specialist II
pg 4
Date: December 10, 2019
To: Utility Advisory Committee
From: Jonathan Boehme, City Engineer, Deputy Director of Engineering
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) provides assistance
to 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.
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 covering 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 Ecology and will be capped at $95,000 with no City
fund matching requirements.
Recommendation: Staff requests the UAC recommend City Council 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, as necessary.
UTILITY ADVISORY COMMITTEE
MEMO
pg 5
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
pg 6
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 10/30/2015 pg 7
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 10/30/2015 pg 8
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 10/30/2015 pg 9
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 10/30/2015 pg 10
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 10/30/2015 pg 11
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 10/30/2015 pg 12
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 10/30/2015 pg 13
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 10/30/2015 pg 14
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 10/30/2015 pg 15
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 10/30/2015 pg 16
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 10/30/2015 pg 17
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
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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
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Agreement No:
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Recipient Name:
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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)
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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
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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.
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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
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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
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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 10/30/2015 pg 25
Date: December 10, 2019
To: Utility Advisory Committee
From: MarySue French, Cost & Capital Accountant
Subject: Proposed Adjustments to 2019 Industrial Transmission 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.
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.
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.
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.
After presentation of the proposed rate changes, the request of the Utility Advisory Committee is to
recommend the adoption of the rate revisions to the City Council and waive the 2nd reading.
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. Revised rates for this utility are
being presented for review and recommendation for adoption by the City Council. The recommendation
is for approval for rates need to be established for the Industrial Transmission electric customer. These
rates are based on the published rates from the Bonneville Power Authority (BPA), existing utility tax
rates and 2020 budget expense spending.
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: Forward a favorable recommendation to the City Council to adopt the 2020 rates
upon completion of the mandatory public hearing and waive the 2nd reading.
UTILITY ADVISORY COMMITTEE
MEMO
pg 26
13.12.071 - Schedule IT-11—Industrial transmission.
A. Applicability. This schedule applies to all accounts where power is taken at transmission voltage.
B. Character of service. Service to be furnished under this schedule is unregulated three-phase 60
cycle, alternating current at transmission voltage, 69 KV nominal.
C. Point of delivery. Service under this schedule shall be provided and measured where the customer's
facilities interconnect with the facilities of the City and the Bonneville Power Administration.
D. Service policy. Service under this schedule is subject to the customer service policies of the City.
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.
"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
pg 27
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.
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.
pg 28
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.
HLH SSL 13.12.071 Schedule IT-11
Industrial Transmission FY 201920 SSL Allocations
FY 2019-20 IT
HLH SSL kWh FY 2019-20 IT
LLH SSL kWh
October 2019 746,520 642,550 October 2019 401,242 343,423
November 2019 893,842 785,258 November 2019 524,704 467,235
December 2019 873,072 768,408 December 2019 528,439 468,960
January 2020 739,809 648,212 January 2020 457,648 383,209
February 2020 620,109 589,493 February 2020 361,574 344,868
March 2020 734,989 660,814 March 2020 427,288 378,492
April 2020 718,424 532,475 April 2020 398,693 313,729
May 2020 1,044,808 740,569 May 2020 594,482 400,664
June 2020 846,106 945,036 June 2020 447,251 511,099
July 2020 742,482 785,887 July 2020 393,194 355,769
pg 29
August 2020 841,480 761,853 August 2020 416,326 349,892
September 2020 728,427 639,202 September 2020 411,096 358,909
* Based on Bonneville Power Administration's BP-1820 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 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.
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.
(Ord. 3610 § 1, 11/6/2018; Ord. 3601 § 1, 12/19/2017; Ord. 3559 § 1, 10/18/2016; Ord. 3542 § 1,
10/20/2015; Ord. 3539 § 1, 9/1/2015; Ord. 3521 § 1, 11/18/2014; Ord. 3485 § 1, 10/1/2013; Ord.
3473 §§ 1, 2, 1/2/2013; Ord. 3464 § 1, 10/16/2012, eff. 1/7/2013; Ord. 3436 § 1, 9/20/2011; Ord.
3347 § 2, 1/1/2009; Ord. 3218 § 2 (part), 10/1/2005; Ord. 3166, 7/30/2004; Ord. 3145 § 1 (part),
10/1/2003; Ord. 3107 § 1, 12/28/2001; Ord. 3098 § 1 (part), 11/1/2001; Ord. 2930 § 6,
9/13/1996; Ord. 2924, 7/26/1996; Ord. 2875 § 6, 10/1/1995; Ord. 2776 § 6, 10/1/1993; Ord.
2646 § 6, 10/1/1991; Ord. 2608 § 6, 10/1/1990; Ord. 2417 § 3, 12/1/1986; Ord. 2273 § 4,
11/1/1983; Ord. 2267 § 1, 9/6/1983; Ord. 2260 § 4, 8/1/1983; Ord. 2232 § 4, 10/1/1982; Ord.
2210 § 4, 5/1/1982; Ord. 2173 § 2, 11/1/1981)
pg 30