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HomeMy WebLinkAboutCouncil Packet 04/21/2020April 21, 2020 Port Angeles City Council Meeting Page 1 APRIL 21, 2020 City of Port Angeles Council Meeting Agenda City Council Chambers, 321 East 5th Street The April 21, 2020 City Council meeting is being conducted under the criteria of Governor Inslee’s Proclamation 20-28, which temporarily changes the rules under the Open Public Meetings Act. This Proclamation is responsible for two notable changes in the way the April 21 meeting will be conducted. First, the Proclamation limits the subject matter that may be considered at the meeting. As a result, the agenda for this meeting will present fewer items for City Council action. Second, the proclamation temporarily suspends the requirement that the City provide a physical location and prohibits the attendance of meetings in-person. Each City Council member, staff members, and members of the public may participate in the meeting from separate locations via conference call or by webcast. Listening and webcast options will be available at: www.cityofpa.us These changes are in effect through (at least) April 23, 2020. A. Call to Order –Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions C. Public Comment An opportunity for verbal public comment will not be available. Written public comment can be submitted to: cityclerk@cityofpa.us by 2:00 pm. Tuesday, April 21, 2020. D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda | Approve 1. City Council Minutes of March 17, 2020 and April 7, 2020 /Approve............................................................................ E-1 2. Expenditure Report: From March 28, 2020 to April 10, 2020 in the amount of $972,651.31 / Approve ........................ E-9 3. Rediscovery 2.0/Law Enforcement Assisted Diversion Grant Acceptance/Contract / Accept WASPC grant, approve professional services contract with OPCC; and authorize the City Manager to sign the gran t and contract ................ E-26 4. Pump Station 3 Control Panel Purchase Contract / Award contract in the amount of $93,818.24 and authorize the City Manager to sign contract ................................................................................................................................................ E-71 5. Clallam County Board of Health Grant Acceptance / Authorize the City Manager to sign agreement. .......................... E-73 6. Ranney Well and Support Building Re-Roof, CON 2020-12, Award Construction Contract / Approve and authorize City Manager to award contract in the amount of $63,280.00 ........................................................................................ E-81 7. Interlocal Agreement for Firefighter Backfill / Authorize the City Manager to sign the interlocal agreement ............... E-83 F. Public Hearings | 6:30 p.m. or Soon Thereafter .................................................................................................. None April 21, 2020 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 ....................................................................................... None H. Resolutions Not Requiring Council Public Hearings 1. COVID-19 Health Emergency – Wavier of Interest & PBIA Fees / Pass Resolution ..................................................... H-1 I. Other Considerations ................................................................................................................................................... None J. Contracts & Purchasing ............................................................................................................................................... None K. Council Reports L. Information City Manager Reports: 1. City Manager Updates to City Council............................................................................................................................ L-1 2. March Building Report .................................................................................................................................................... L-5 M. Second Public Comment An opportunity for verbal public comment will not be available. Written public comment can be submitted to: cityclerk@cityofpa.us by 2:00 pm. Tuesday, April 21, 2020. Adjournment Date: April 21, 2020 To: City Council From: Nathan West, City Manager Subject: City Manager Update – Supplemental Information Background / Analysis: Since the packet was provided to you on Thursday, two new items have come up that I feel are very important to share with you. COVID-19 Impacts on Lodging Tax Events Due to the Governor’s orders, many events and facilities have been closed due to his Stay Home, Stay Healthy order. The City has received notice from the following organizations about their City Lodging Tax supported events, which is included below. The City also spoke to each grant recipient to discuss any questions they have on their funding. • Salt Creek 24 – Canceled due to Clallam County Park Closure and physical distancing. • OAT Run – Possibly moved to later in the year, or otherwise canceled. • Juan de Fuca Festival for the Arts –Canceled to save money in light of uncertainty, but LTAX funding will still be used for event website, branding, and marketing efforts. • NW Downhill Biking Cup – Postponed to a date TBD. All Regional Cup Events will now take place in Port Angeles this year as we have the best facility and best attendance. • North Olympic Discovery Marathon – Live race canceled and racing now virtual. In early March as the COVID-19 emergency unfolded City Staff met to review the current Lodging Tax Fund Balance and determined that the balance would allow for the continuation of all Council events and contracts. Recipients of funds were notified. In anticipation of limited revenues in 2020 City staff is not recommending additional allocations this year. Staff feels there is value in ensuring organizations and events relying on support from these funds have access to them in 2021. Council may need to consider and re-evaluate the capital set aside for next year. Summary: Update from the City Manager. Funding: N/A Recommendation: Information Only Update from the Governor On Thursday, April 16, 2020, Governor Inslee expanded protections for renters as the COVID-19 crisis “continues to impact the finances of Washingtonians statewide”. “It is clear that as we deal with the challenges around COVID-19, the financial impacts on Washingtonians are significant,” Inslee said. “People have lost their livelihoods through no fault of their own and we must continue to take steps to ensure they don’t also lose the roofs over their heads. Continued support and protection for tenants is the right thing to do and I am extending and expanding the moratorium on evictions through the beginning of June, which will allow for two additional rent cycles.” The original moratorium applied only to “dwellings that are captured in the Landlord Tenant Act, and prevented a landlord from evicting or seeking an unlawful detainer order; prohibited landlords from serving any eviction order, or otherwise assisting in an evictions and provided exceptions for property damage, danger posed by a person to the safety/health of others or property. However, the original order left out a number of individuals and circumstances, including commercial rentals and leases. The Governors new proclamation expands the original order through June 4th. As with the original order, the new order “prevents landlords from evicting in all situations that fall within the Landlord Tenant Act, and prohibits law enforcement from assisting in any evictions”. In addition to the original proclamation, the Governor expanded to include: • Prohibits residential evictions in other dwelling situations, including but not limited to: o Lots/parcels (some motor homeowners own the vehicle but lease the lot) o Transitional housing o Public lands – camping grounds • Prohibits enforcement of agreements to vacate. • Prohibits a landlord from requiring a non-paying tenant to move to a lesser unit, and prevents landlords from threatening to take action against tenants. • Prohibits landlords from assessing or threatening to assess late fees or other charges for non- payment. • Prohibits landlord from assessing (or threatening to assess) rent for housing/parcel where the tenants access or use was prevented as a result of COVID-19. Such as: o Seasonal/college housing closed; o People who planned to move in but are prevented from doing so due to COVID-19; o People who were forced to leave due to COVID-19 needs of their own or others. • Prohibits landlords from increasing rents or deposits for residential and commercial units. o As it relates to commercial rental properties, this prohibition applies only if the commercial tenant has been materially impacted by the COVID-19, whether personally impacted and is unable to work or whether the business itself was deemed non-essential or otherwise lost staff or customers due to the COVID-19 outbreak. o This proclamation protects commercial tenants by prohibiting rent increases or threats of rent increases. • Prohibits landlords from treating unpaid rent and charges as an enforceable debt, unless the landlord demonstrates by a preponderance of the evidence to a court that the resident was offered, and refused or failed to comply with, a reasonable repayment plan that was reasonable based on the individual financial, health, and other circumstances of that resident. Note: All rent payments delayed through this moratorium will still be owed but a landlord must offer a tenant a reasonable repayment plan to enforce any collection of that debt. Based on the above summary the Governor’s extension of the proclamation on April 16th incorporated all of the items requested by City Council on April 7th and it fulfilled the request of the Mayor and City Manager’s April 13th Letter. Stabilization funding for municipalities As mentioned in my original memorandum the Mayor and I have been in touch with offices of each of our federal congressional representatives. All have been made aware of the three legislative priorities established by Council on April 7th. Attached to this memorandum is a press release from Senator Patty Murray’s office. Funding Overview: N/A News Releases - Newsroom - United States Senator Patty Murray https://www.murray.senate.gov/public/index.cfm/mobile/newsreleases?ID=31558B2C-5C3F-4B43-B3CE-0B8FAE22DB2D[4/21/2020 4:59:31 PM] Back News Releases Senator Murray Announces Legislation to Provide Federal Assistance for Cities, Counties with Under 500,000 People Apr 17 2020 Coronavirus Community Relief Fund would ensure federal funds reach communities throughout Washington state Senator Murray has spent the week speaking with health care providers, educators, and elected officials in Eastern, Central, and Southwestern Washington communities that this bill would aid Senator Murray: “I’m going to keep pushing to make sure workers, families, and businesses in small and rural communities across Washington state don’t fall through the cracks” (Washington, D.C.) – This week, U.S. Senator Patty Murray (D-WA) joined Senator Martin Heinrich (D- NM) to announce the introduction of legislation that would provide $250 billion in stabilization funds geared towards localities with populations under 500,000 that are struggling in response to the COVID- 19 pandemic. The Coronavirus Community Relief Act would ensure that all communities, regardless of size, are eligible to receive direct relief from the federal government to continue the COVID-19 pandemic fight and allow additional flexibility on how state and local governments could use funds to mitigate the economic crisis caused by COVID-19. “Congress took some initial steps in the CARES Act to get critical assistance and support to the state and local communities that have been on the frontlines of this pandemic, but it’s not nearly enough—especially for our hard-hit small and rural areas—to help protect public health and slow the spread of the virus,” Senator Murray said. “That’s why I’m proud to co-sponsor this legislation to provide additional funding directly for smaller cities and counties to address the current crisis, and I’m going to keep pushing to make sure workers, families, and businesses in small and rural communities across Washington state don’t fall through the cracks.” Across the United States, counties, cities, and towns are incurring significant costs responding to the News Releases - Newsroom - United States Senator Patty Murray https://www.murray.senate.gov/public/index.cfm/mobile/newsreleases?ID=31558B2C-5C3F-4B43-B3CE-0B8FAE22DB2D[4/21/2020 4:59:31 PM] COVID-19 health crisis through emergency operations, public service announcements, and telework services. Making matters worse, many are losing tax revenue as businesses shutter and tourism dries up. While the recently enacted CARES Act provided $150 billion to states and localities to help offset some of these costs, of which Washington state is expected to receive roughly $2.95 billion, the assistance only covered cities and counties with populations of more than 500,000. Under the Coronavirus Community Relief Act, smaller localities would be eligible for direct stabilization funds, which could be used to make up for lost revenue, provide reimbursement for expenses already incurred, and cover for increases in costs reasonably believed to have been caused by the COVID-19 pandemic. Senator Murray has spent the past week speaking by phone with elected officials, health care providers, educators, small business owners, and other members of smaller and more rural communities in Eastern, Central, and Southwestern Washington to hear about the specific issues that they’re dealing with, and how she can support these communities in future coronavirus legislation. The full text of the bill is available HERE. ### Full Site From:Kate Dexter To:Kari Martinez-Bailey Subject:Fwd: Parking on Public Streets Ordinance Date:Tuesday, April 21, 2020 2:18:06 PM Kate Dexter, Mayor City of Port Angeles 321 E 5th ST Port Angeles, WA 98362 360-417-4500 From: Karen Rogers <karen@karenrogersconsulting.com> Sent: Tuesday, April 21, 2020 1:49:49 PM To: Kate Dexter <Kdexter@cityofpa.us> Cc: Mike French <Mfrench@cityofpa.us>; Brian Smith <Bsmith@cityofpa.us> Subject: Parking on Public Streets Ordinance ***EXTERNAL EMAIL*** Mayor – Would the council please consider updating the parking ordinance that allows vehicles to part on public streets for 2 weeks before the Police can have any authority to remove them. Let me give you a specific example – I do some work for the Edward Jones office at 220 W 8th Street, that Branch belongs to Jennifer Ciarlo. This is the 3rd time we have had to deal with vehicles parked in front of the office and on the private parking lot in the back recently. This latest truck that is there now is right in front of the building with a man and woman living in it. Due to the stay at home order Jennifer’s clients have to use that front door only to drop off their documents because the branch lobby has to remain closed. It is intimidating to have the clients subjected to their behavior in the truck. Last Friday the woman decided to go behind the building on Jennifer’s private property and use it as her personal bathroom. That is health risk to all !! That truck is well known for this and moves around from area to area – they can go park at Serenity House. It is a waste of our limited police force time to keep calling and complaining when the Police cannot do anything for 2 weeks – please update this Ordinance. I have helped MANY businesses in our city, including my own businesses, on having to constantly deal with abandoned vehicles or characters living in the their vehicles affecting the safety of many customers. I know we can do better!! Thank you for your attention to this matter – none of our businesses need to deal with this especially right now when we are all trying to keep our stores and offices viable. Best regards, Karen 360-460-5995 Karen Rogers Consulting 116 W 8th St Suite 103 Port Angeles, WA 98362 www.karenrogersconsulting.com CITY COUNCIL MEETING Port Angeles, Washington March 17, 2020 CALL TO ORDER REGULAR MEETING Mayor Dexter called the regular meeting of the Port An geles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Carr, Council Members French, Meyer, McCaughan, Schromen- Wawrin and Suggs. Members Absent: None Staff Present: City Manager West, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, K. Dubuc, B. Smith, A. Brekke, T. Hunter, and S. Carrizosa. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. PUBLIC COMMENT Marolee Smith, city resident, spoke about potential financial hardships due to COVID-19 and suggested actions the City could take to support city residents. Michael Bencheck, city resident, asked the Mayor to read a pre -submitted comment into the record. He encouraged citizens to quarantine themselves to avoid getting or sharing COVID-19. Kelly Emperbeck, city resident asked the Mayor to read a pre-submitted comment into the record. Emperbeck asked for statements and a show of leadership from the City of Port Angeles Mayor or Deputy Mayor regarding COVID-19. Mayor Dexter announced Item L-1 and H-1 would be moved to the beginning of the meeting. LATE ITEM City Manager West shared the City would make it a priority to share the latest and most informed information concerning COVID-19. He stated the health and safety of citizens and employees were the City’s primary focus, as well as providing support to local families and businesses. He shared many City services are available through appointments, email and by phone. Manager West provided an update of the City’s efforts to assist residents through payment plans for utility payments, adapting to provide services as the pandemic continues. Attorney Bloor provided recommendations to comply with the Open Public Meetings Act and guidelines from the Attorney General. He shared a PowerPoint presentation on managing the impacts on open public meetings during the COVID-19 crisis. Manager West added the COVID-19 Resolution and Declaration of Emergency to the agenda as item H-3. RESOLUTIONS NOT REQUIRING COUNCIL PUBLIC HEARINGS Police Chief Brian Smith spoke to the resolution and shared his recommendation. Clallam County Prosecuting Attorney Mark Nichols spoke about the priority of funding the legislative project. Council Discussion followed. Mayor Dexter read the Resolution, RESOLUTION No. 03-20 A RESOLUTION of the City Council of the City of Port Angeles, Washington, calling for the Washington State Legislature to fully fund the Washington State Patrol Crime Laboratory and Toxicology Laboratory. April 21, 2020 E - 1 PORT ANGELES CITY COUNCIL MEETING – March 17, 2020 Page 2 of 4 It was moved by French and seconded by Schromen-Wawrin to: After discussion and amendment, the following motion was passed, fully fund the Washington State Patrol Crime Laboratory and Toxicology Laboratory , to include “calls for” in the last paragraph of the resolution. Motion carried as amended 7-0. CONSENT AGENDA At the request of Council member Schromen-Wawrin, Mayor Dexter pulled E-3 from the Consent Agenda. The Mayor added the item as I-4. Council member French requested to move item I-1 to the Consent Agenda. It was moved by French and seconded by Meyer to: Make the recommended changes to the Consent Agenda. Motion carried 7-0. It was moved by French and seconded by Suggs to approve the Consent Agenda to include: 1. City Council Minutes of March 3, 2020 / Approve 2. Electric Vehicle Charging Stations Grant / Approve and accept the Electric Vehicle Charging Station Grant from the Washington State Department of Ecology and authorize the City Manager to utilize electric reserves not to exceed $19,200 3. OPNET Agreement Renewal / Approve OPNET Agreement and authorize the City Manager to sign the Agreement and make minor modification as necessary Motion carried 7-0. 2019-2020 STRATEGIC PLAN Manager West presented the agenda item, spoke about minor changes that had been made to the 2019-2020 Strategic Plan, and asked Council to adopt the amended 2019-2020 Strategic Plan. Council discussion followed. RESOLUTION NO. 04-20 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the Strategic Plan for the years 2019-2020. It was moved by Schromen-Wawrin and seconded by French to: Adopt the amended 2019-2020 Strategic Plan. Motion carried 7-0. RESOLUTIONS NOT REQUIRING COUNCIL PUBLIC HEARINGS CONTINUED Manager West brought the late item before Council that would affirm and ratify the Declaration of Emergency Resolution. He said the proposed item focused on providing community needs in a rapid fashion, along with other emergency actions for relief. Council discussion followed. RESOLUTION NO. 05-20 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 March 17, 2020. It was moved by Schromen-Wawrin and seconded by Suggs to: Affirm and ratify the Declaration of Emergency issued by the City Manager on March 17, 2020. Motion carried 7-0. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. 2020 Budget Amendment #1 Finance Director Sarina Carrizosa presented the first reading of the first amendment to the 2020 Budget. Mayor Dexter conducted a first reading of the ordinance by title, entitled, April 21, 2020 E - 2 PORT ANGELES CITY COUNCIL MEETING – March 17, 2020 Page 3 of 4 ORDINANCE NO. ____ AN ORDINANCE of the City of Port Angeles, Washington amending the 2020 budget and funds. Mayor Dexter continued the matter to the April 7, 2020 meeting. OTHER CONSIDERATIONS 1. Public Safety Advisory Board Chief Smith provided background on the agenda item. He recommended the reappointment of existing members and one new board member. He stated that by reappointing members, it provides continuity to the Board. Council discussion followed. It was moved by Suggs and seconded by French to: Approve the appointments to the Public Safety Advisory Board as recommended by staff in the Council packet. Motion carried 7-0. CONTRACTS & PURCHASING 1. 2020 Pavement Repair Project Public Works Director Thomas Hunter spoke about the proposed contract and provided history on the project. Council discussion followed. It was moved by French and seconded by McCaughan to: Approve and authorize the City Manager to award the base bid and sign a construction contract with Lakeside Industries, Inc. of Port Angeles, WA, for the 2020 Pavement Repair CON 2020-01 for the bid amount of $359,550.00 including applicable taxes and authorize the City Manager to make modifications as necessary. Motion carried 7-0. Mayor Dexter recessed the meeting for a break at 7:05 p.m. The meeting reconvened at 7:13 p.m. CITY COUNCIL REPORTS Deputy Mayor Carr shared information from the Clallam County Board of Health meeting regarding the COVID-19 issue. Council member Meyer spoke about his attendance at a Peninsula Area Public Access meeting and Clallam County Board of Health meeting. Council member Schromen-Wawrin spoke about legislative advocacy and the need to look for ways to fill housing and shelter needs. He shared his participation on a call along with other communities that discussed the needs of those who are sick but don’t have anywhere to go . He spoke about childcare needs and of families and children dealing with the recent emergency. Council member French spoke about the Lodging Tax Advisory Committee and expressed his thoughts on the allocation guidelines the committee follows. Council member Suggs spoke about the impacts of COVID-19 on the tribal community. Mayor Dexter shared she spent a great deal of time at the County’s Emergency Oper ation Center. She shared she would be participating in a virtual Fiero Marine Life Center meeting and spoke about the food programs that will be taking place at the local schools. No other reports were given. INFORMATION Manager West spoke regarding the reports included in the packet. He spoke about the work done by IT to meet the needs responding to COVID-19. He shared there may be postponement of upcoming advisory boards, commission April 21, 2020 E - 3 PORT ANGELES CITY COUNCIL MEETING – March 17, 2020 Page 4 of 4 and committee meetings and Council special meetings. He stated it is a priority to support the community in this time of need. Members of the Senior Management team spoke of staffing challenges and shared information on City operations. They spoke about adjustments staff are implementing to interact with members of the public in a safe manner with the need for social distancing. Council expressed interest in discussing the COVID-19 response and how this issue is affecting the community. Council discussion followed. It was moved by French and seconded by Schromen-Wawrin to: Direct the City Manager to provide legal and reasonable utility bill relief to customers or City Council options for doing so. Motion carried 7-0. Manager West provided information related to the COVID-19 health threat, including efforts to improve communication on the City’s response to the pandemic. SECOND PUBLIC COMMENT Marolee Smith, city resident, spoke about communication and suggested business keep their websites updated. Eric Philipps, city resident, spoke about efforts made by Peninsula Area Public Access to keep the community updated. ADJOURNMENT Mayor Dexter adjourned the meeting at 8:53 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk April 21, 2020 E - 4 CITY COUNCIL MEETING Port Angeles, Washington April 7, 2020 CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port An geles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Carr, Council Members French, Meyer, McCaughan, Schromen- Wawrin and Suggs. Members Absent: None Staff Present: City Manager West, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, K. Dubuc, B. Smith, A. Brekke, T. Hunter, and S. Carrizosa. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. It was moved by Meyer and seconded by Schromen-Wawrin to: Add a short Council report to the agenda to allow the Council an opportunity to provide COVID-19 related reports. Roll call vote, in favor: Mayor Dexter Deputy Mayor Carr Council member French Council member McCaughan Council member Meyer Council member Schromen-Wawrin Council member Suggs Motion carried 7-0. PUBLIC COMMENT No public comment was submitted to the Clerk to be read into the record. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Councilmember - Council member Schromen-Wawrin asked that Council consider adding financial assistant lobbying to the list of legislative priorities. By consensus, the Mayor added the item to be included under I-2, Legislative Priorities. CONSENT AGENDA It was moved by McCaughan and seconded by Schromen-Wawrin to approve the Consent Agenda to include: 1. Expenditure Report: From March 7, 2020 to March 20, 2020 in the amount of $2,791,703.54 / Approve 2. SCADA Support Professional Services Award / Approve and authorize the City Manager to sign a Professional Services Agreement with Technical Systems, Inc. in the not to exceed amount of $95,000.00, and authorize the City Manager to make minor modifications as necessary. 3. 2020 Budget Amendment #1 / Conduct 2nd Reading / Adopt Ordinance / The requested action for this issue is as follows: Conduct the second reading of the 2020 Budget Amendment #1 ordinance; and Adopt the ordinance. Roll call vote, in favor: Mayor Dexter Deputy Mayor Carr Council member French Council member McCaughan Council member Meyer Council member Schromen-Wawrin April 21, 2020 E - 5 PORT ANGELES CITY COUNCIL MEETING – April 7, 2020 Page 2 of 4 Council member Suggs Motion carried 7-0. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Changes to Housing Rehabilitation Fund Manager West introduced the agenda item which would make changes to the City’s Housing Rehabilitation Fund, including the new name, the Affordable Housing and Rehabilitation Program Fund . He shared the fund could also be used for the House Bill 1406 sales tax credit and Proposition 1 . Manager West said that should the ordinance pass, it could also be used for both Community Block Grant purposes, which is critical to providing COVID-19 financial relief to residents. Manager West asked that Council consider waiving the second reading and adopt the ordinance. Mayor Dexter conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. ____ AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 3.15 of the Port Angeles Munici pal Code relating to Funds. It was moved by Schromen-Wawrin and seconded by French to: Waive the second reading of the ordinance and adopt the ordinance as read. Roll call vote, in favor: Mayor Dexter Deputy Mayor Carr Council member French Council member McCaughan Council member Meyer Council member Schromen-Wawrin Council member Suggs Motion carried 7-0. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS 1. Resolution to Authorize Rate Payer Utility Relief and Rental Assistance Manager West introduced the agenda item and shared the proposed resolution was drafted as a follow up to the March 17 meeting. He stated the resolution moves a program forward that would dedicate $250,000 to utility relief to local rate payers and $50,000 towards rental assistance. In addition, he shared there would be follow up requests to the federal and state levels to ensure the City receives additional assistance. Council discussion followed. Mayor Dexter read the resolution by title, entitled, RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Port Angeles, Washington, ratifying and approving the COVID - 19 Financial Assistance Utility and Rental Relief Program. It was moved by French and seconded by Suggs to: Adopt the resolution ratifying and approving the COVID-19 Financial Assistance Utility and Rental Relief Program. Roll call vote, in favor: Mayor Dexter Deputy Mayor Carr Council member French Council member McCaughan Council member Meyer Council member Schromen-Wawrin Council member Suggs April 21, 2020 E - 6 PORT ANGELES CITY COUNCIL MEETING – April 7, 2020 Page 3 of 4 Motion carried 7-0. OTHER CONSIDERATIONS 1. Moratorium on Residential Evictions Manager West introduced the agenda item and shared that after the March 17 Council meeting, Washington State Governor Jay Inslee had made changes to the eviction moratorium. He shared there may be other items that Council may want to consider, relative to the Governors orders, that hadn’t been included and incorporated into the moratorium. Manager West introduced City Attorney Bill Bloor who provided his recommendations relative to the agenda item. Council discussion followed. It was moved by Schromen-Wawrin and seconded by McCaughan to: After discussion and amendment, the following motion was passed: authorize the Mayor and City Manager, on behalf of the City, to communicate to the Governor that it is vitally important to the health and welfare of the City of Port Angeles that the eviction moratorium continue for the duration of the financial impacts of the COVID-19 outbreak, and extend to a prohibition on fees, and to protect small business tenants. Roll call vote, in favor: Mayor Dexter Deputy Mayor Carr Council member French Council member McCaughan Council member Meyer Council member Schromen-Wawrin Council member Suggs Motion carried 7-0. Mayor Dexter recessed the meeting for a break at 6:59 p.m. The meeting reconvened at 7:04 p.m. 2. COVID-19 Legislative Priorities Manager West spoke to the agenda item and shared it was important to continue to request additional funding to assist residents during the COVID-19 crisis. He stated that through the CARES Act, the City would be eligible for Community Block Grant funding which would be put toward utility relief for local rate payers and rental assistance. He stated that often there are challenges and requirements to the City when applying for such funding. He stressed importance that the funding move forward efficiently, and to do so, the City should push the Federal and State level to eliminate some of the red tape that is currently in place that could prevent the City from receiving such funds. In addition, he stated it is important that Bonneville Power Association (BPA) also offer relief to their rate payers. He suggested BPA consider a match program like the one the City is putting forward. Council discussion followed. It was moved by Schromen-Wawrin and seconded by McCaughan to: Communicate to Washington State’s Congressional Delegation that it is vitally important to the health and welfare of Port Angeles that Congress provide substantial financial relief for states and local governments as recommended in the Congress Members’ March 25 letter and National League of Cities’ April 2 letter; pursuit federal Community Development Block Grant Funds and advocate for lower administrative burdens with those funds; and request that Bonneville Power Administration provide utility relief to city utility cu stomers. Final roll call vote, in favor: Mayor Dexter Deputy Mayor Carr Council member French Council member McCaughan Council member Meyer Council member Schromen-Wawrin Council member Suggs Motion carried 7-0. April 21, 2020 E - 7 PORT ANGELES CITY COUNCIL MEETING – April 7, 2020 Page 4 of 4 CONTRACTS & PURCHASING 1. Race Street Complete Street Contract with Exeltech Consulting, Inc. for 100% Design Plans, Specifications and Estimate Documents Community and Economic Development Director Allyson Brekke introduced the agenda item and shared background on the project. She stated delay would make it impossible to meet the grant deadlines on the project. Council discussion followed. It was moved by Suggs and seconded by McCaughan to: Award the Race Street Professional Services Agreement with Exeltech Consulting, Inc. (Attachment A in the Council packet, in the not to exceed amount of $450,266.79 and authorize the City Manager to sign and make minor modifications as necessary; and to authorize the City Manager to sign a supplemental FLAP Grant Agreement, in the additional amount of $50,327.98 with a match of $6,794.28 from available REET funds. Roll call vote, in favor: Mayor Dexter Deputy Mayor Carr Council member French Council member McCaughan Council member Meyer Council member Schromen-Wawrin Council member Suggs Motion carried 7-0. CITY COUNCIL REPORTS – COVID-19 Council member Meyer shared efforts carried out by Clallam Transit System to keep the community and employees safe and shared he is doing everything he can to support the City during the pandemic in his role as a Council member. Council member McCaughan shared he is happy to see that people are staying home to stay healthy. Council member Suggs shared the William Shore Pool District Board met in a virtual meeting , shared what a local church is doing to assist the community and thanked front line workers. Council member Schromen-Wawrin thanked the public safety and childcare workers and shared the importance of staying connected despite the importance of physical distancing. Council member French shared tools for small businesses that would assist them financially during the COVID-19 crisis and shared what Olympic Peninsula Community Clinic is doing to help the community. Deputy Mayor Carr shared thoughts on how the City could encourage people to stay home and stay safe. Mayor Dexter shared her appreciation for the passion that people had in their responses to the crisis. No other reports were given. ADJOURNMENT Mayor Dexter adjourned the meeting at 7:51 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk April 21, 2020 E - 8 •A•^",, ^—^ ••"•..^,., --••.-^*mv� ,.....r.......;.:nrvs,v,cow,r;uwwwnnw+wwawrewrmwrrwuwwwwwmvwwwwuw`wa®onnAute --.cow✓IIW/ldAl44 1 �,P ORT ;, NGELES A' WAS H I N G T O N, U. S. A. MEMO April 21, 2020 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 ''I Sarin Carrizosa Finance Director $972,651.31 this 21st day of April 2020. Trina McKee Senior Accountant MarySue French Mayor City Senior Accountant y Manager Linda Kheriaty Financial Systems Analyst Melody Schneider Management Accountant Micah Rose Financial Analyst Jane Perkins Payroll Specialist II Julie Powell Accounting Technician Jason Jones Accounting Technician I Nicole Blank Administrative Analyst f' Kathyellen Haney Customer Services Manager Tracy Rooks Utility Billing Specialist City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount MISC DEPOSIT & PERMIT REFUNDS JOB FAIR BANNER REFUND & 001-0000-237.10-00 11.20 CAMPFIRE CLUBHOUSE DEPOSI 001-0000-239.10-00 50.00 CAMPFIRE CLUBHOUSE DEPOSI 001-0000-239.10-00 50.00 CAMPFIRE CLUBHOUSE DEPOSI 001-0000-239.10-00 50.00 CAMPFIRE CLUBHOUSE DEPOSI 001-0000-239.10-00 50.00 CAMPFIRE CLUBHOUSE DEPOSI 001-0000-239.10-00 50.00 CAMPFIRE CLUBHOUSE DEPOSI 001-0000-239.10-00 50.00 CFCH DEPOSIT REFUND COVID 001-0000-239.10-00 50.00 CLUBHOUSE DEPOSIT REFUND 001-0000-239.10-00 50.00 LOOMIS DEPOSIT REFUND 001-0000-239.10-00 50.00 LOOMIS DEPOSIT REFUND 001-0000-239.10-00 50.00 LOOMIS DEPOSIT REFUND 001-0000-239.10-00 50.00 LOOMIS DEPOSIT REFUND 001-0000-239.10-00 50.00 LOOMIS DEPOSIT REFUND COV 001-0000-239.10-00 50.00 LOOMIS DEPOSIT REFUND COV 001-0000-239.10-00 50.00 LOOMIS DEPOSIT REFUND COV 001-0000-239.10-00 50.00 Division Total:$761.20 Department Total:$761.20 SPIRIT VISION FILMS, LLC WORK ORDER WF0271395 JOB 001-1160-511.41-50 750.00 VICTORIA REMEMBRANCE Remembrance Day 001-1160-511.31-01 80.00 Mayor & Council Division Total:$830.00 Legislative Department Total:$830.00 SPIRIT VISION FILMS, LLC WORK ORDER WF0271395 JOB 001-1210-513.41-50 750.00 City Manager Division Total:$750.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT TUITION REIMBURSEMENT 001-1230-514.43-10 1,636.96 TUITION REIMBURSEMENT 001-1230-514.43-10 1,710.22 City Clerk Division Total:$3,347.18 City Manager Department Total:$4,097.18 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 21.09 Accounting Division Total:$21.09 DATABAR INCORPORATED MISC PROFESSIONAL SERVICE 001-2025-514.41-50 1,911.95 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,263.70 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,238.40 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 35.50 Customer Service Division Total:$6,449.55 Page 1 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 9 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount QUADIENT RENTAL/LEASE EQUIPMENT 001-2070-518.45-30 1,118.61 Reprographics Division Total:$1,118.61 Finance Department Total:$7,589.25 CLALLAM CNTY COMMISSIONER'S OFFICE SUPPLIES 001-3012-598.51-23 73,794.98 Jail Contributions Division Total:$73,794.98 City Attorney Department Total:$73,794.98 BECKWITH, THOMAS E JR CONSULTING SERVICES 001-4060-558.41-50 500.00 DAILY JOURNAL OF COMMERCE COMMUNICATIONS/MEDIA SERV 001-4060-558.41-50 155.40 Planning Division Total:$655.40 PENINSULA BEHAVIORAL HEALTH Facade Grant 001-4071-558.49-01 20,000.00 Economic Development Division Total:$20,000.00 Community Development Department Total:$20,655.40 CEDAR GROVE COUNSELING, INC. HEALTH RELATED SERVICES 001-5010-521.41-50 74.00 CLINICARE, LLC HEALTH RELATED SERVICES 001-5010-521.41-50 275.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT CODE ENFORCEMENT UNIFORM 001-5010-521.31-11 52.17 UNIFORM PIECES - CODE ENF 001-5010-521.31-11 114.23 PETEK, THOMAS C PHD HEALTH RELATED SERVICES 001-5010-521.41-50 300.00 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5010-521.31-01 21.02 SHORE POLYGRAPH SERVICES SECURITY,FIRE,SAFETY SERV 001-5010-521.41-50 300.00 SOUND PUBLISHING INC LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 150.80 Police Administration Division Total:$1,287.22 MISC TRAVEL PENINGER-AUTOPSY-KING CY 001-5021-521.43-10 72.63 PORT ANGELES POLICE DEPARTMENT Meals-Homicide call out 001-5021-521.31-01 50.20 Investigation Division Total:$122.83 CLINICARE, LLC HEALTH RELATED SERVICES 001-5022-521.41-50 100.00 CURTIS & SONS INC, L N CLOTHING & APPAREL 001-5022-521.31-11 520.56 GALLS FIRST AID & SAFETY EQUIP.001-5022-521.31-11 55.00 CLOTHING & APPAREL 001-5022-521.31-11 29.90 JIFFY CLEANERS Incorrect Vendor 001-5022-521.31-11 54.35 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 11.14 OLYMPIC PENINSULA COMMUNITY CLINIC MISC PROFESSIONAL SERVICE 001-5022-521.41-50 7,777.78 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5022-521.31-01 65.22 PETEK, THOMAS C PHD HEALTH RELATED SERVICES 001-5022-521.41-50 600.00 Page 2 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 10 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount PORT ANGELES POLICE DEPARTMENT Evidence bags 001-5022-521.31-01 24.78 PROFORCE LAW ENFORCEMENT POLICE EQUIPMENT & SUPPLY 001-5022-521.35-01 (213.68) POLICE EQUIPMENT & SUPPLY 001-5022-521.31-11 115.63 POLICE EQUIPMENT & SUPPLY 001-5022-521.31-11 788.31 SHORE POLYGRAPH SERVICES SECURITY,FIRE,SAFETY SERV 001-5022-521.41-50 300.00 SECURITY,FIRE,SAFETY SERV 001-5022-521.41-50 300.00 WA STATE CRIMINAL JUSTICE HUMAN SERVICES 001-5022-521.43-10 190.00 HUMAN SERVICES 001-5022-521.43-10 400.00 Patrol Division Total:$11,118.99 MISC EMPLOYEE EXPENSE REIMBURSEMENT RESERVE PO UNIFORM ITEMS 001-5026-521.31-11 420.76 PORT ANGELES POLICE DEPARTMENT AARP Safe Driving Course 001-5026-521.43-10 20.00 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 001-5026-521.31-01 136.88 Reserves & Volunteers Division Total:$577.64 QUILL CORPORATION ACOUST TILE, INSULAT MAT 001-5029-521.31-01 14.62 OFFICE SUPPLIES, GENERAL 001-5029-521.31-01 195.55 OFFICE SUPPLIES,PAPER/RIB 001-5029-521.31-01 74.97 TELEVISION EQUIP & ACESS 001-5029-521.31-01 100.22 Records Division Total:$385.36 Police Department Total:$13,492.04 JIFFY CLEANERS CLOTHING & APPAREL 001-6010-522.20-80 20.28 LEMAY MOBILE SHREDDING OFFICE MACHINES & ACCESS 001-6010-522.31-01 31.90 MATHEWS GLASS CO INC SALE SURPLUS/OBSOLETE 001-6010-522.31-01 180.60 Fire Administration Division Total:$232.78 GALLS CLOTHING & APPAREL 001-6020-522.20-80 53.81 CLOTHING & APPAREL 001-6020-522.20-80 94.55 JIFFY CLEANERS CLOTHING & APPAREL 001-6020-522.20-80 43.48 LIGHTHOUSE UNIFORM CLOTHING & APPAREL 001-6020-522.20-80 56.69 MISC EMPLOYEE EXPENSE REIMBURSEMENT LIEUTENANT/CAPTAIN TEST D 001-6020-522.31-01 82.62 MUNICIPAL EMERGENCY SERVICES, INC SALE SURPLUS/OBSOLETE 001-6020-522.35-01 255.45 SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-01 12.51 SUPPLIES 001-6020-522.31-01 21.46 Fire Suppression Division Total:$620.57 Page 3 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 11 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount JIFFY CLEANERS CLOTHING & APPAREL 001-6030-522.20-80 94.52 OLYMPIC STATIONERS INC SUPPLIES 001-6030-522.31-01 45.43 Fire Prevention Division Total:$139.95 MISC EMPLOYEE EXPENSE REIMBURSEMENT BOGUES REIMBUSEMENT 001-6045-522.43-10 120.47 Fire Training Division Total:$120.47 FERRELLGAS INC AUTO & TRUCK ACCESSORIES 001-6050-522.47-10 13.04 AUTO & TRUCK ACCESSORIES 001-6050-522.47-10 450.72 OLYMPIC PARTY & CUSTODIAL SUPPLIES SUPPLIES 001-6050-522.31-01 102.92 SWAIN'S GENERAL STORE INC SUPPLIES 001-6050-522.31-01 5.40 Facilities Maintenance Division Total:$572.08 Fire Department Total:$1,685.85 MISC EMPLOYEE EXPENSE REIMBURSEMENT SAFETY BOOT VOUCHER/B.HAL 001-7010-532.31-01 174.39 SCHUNZEL, STEVEN THOMAS DATA PROC SERV &SOFTWARE 001-7010-532.41-50 300.00 Public Works Admin. Division Total:$474.39 Public Works & Utilities Department Total:$474.39 PORT ANGELES SENIOR CENTER SUPPLIES 001-8012-555.44-10 150.00 Senior Center Division Total:$150.00 QUIRING MONUMENTS INC SUPPLIES 001-8050-536.34-01 165.00 TACOMA SCREW PRODUCTS INC SUPPLIES 001-8050-536.31-20 120.80 Ocean View Cemetery Division Total:$285.80 BAILEY SIGNS & GRAPHICS SUPPLIES 001-8080-576.49-90 1,565.28 BILL'S PLUMBING & HEATING INC SUPPLIES 001-8080-576.45-30 95.00 MISC ONE-TIME VENDORS ASBESTOS INSPECTION EDIZ 001-8080-576.48-10 620.00 GUTTER, CRITTER REMOVAL 001-8080-576.48-10 1,288.00 SKATEPARK CONCEPT DESIGN 001-8080-576.48-10 4,500.00 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-01 125.98 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 171.96 SUPPLIES 001-8080-576.31-20 38.95 TOPPER INDUSTRIES INC SUPPLIES 001-8080-576.31-20 4,259.91 Parks Facilities Division Total:$12,665.08 Parks & Recreation Department Total:$13,100.88 ANGELES MILLWORK & LUMBER SUPPLIES 001-8112-555.31-20 108.43 SUPPLIES 001-8112-555.31-20 27.44 Page 4 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 12 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount ANGELES MILLWORK & LUMBER SUPPLIES 001-8112-555.31-20 27.98 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8112-555.31-20 121.36 SUPPLIES 001-8112-555.31-20 422.98 HOME DEPOT PRO-SUPPLYWORKS SUPPLIES 001-8112-555.31-01 76.26 JIM'S REFRIGERATION SERVICE SUPPLIES 001-8112-555.48-10 725.49 OTIS ELEVATOR COMPANY INC SUPPLIES 001-8112-555.48-10 3,356.48 Senior Center Facilities Division Total:$4,866.42 ANGELES MILLWORK & LUMBER SUPPLIES 001-8131-518.31-20 50.52 SUPPLIES 001-8131-518.31-20 79.10 CED/CONSOLIDATED ELEC DIST Supplies 001-8131-518.31-20 52.18 SUPPLIES 001-8131-518.31-20 90.20 FIRE CHIEF EQUIPMENT CO, INC SUPPLIES 001-8131-518.48-10 76.09 NAPA AUTO PARTS SUPPLIES 001-8131-518.31-20 8.14 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 36.89 SUPPLIES 001-8131-518.31-20 45.09 THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 74.70 Central Svcs Facilities Division Total:$512.91 MISC DEPOSIT & PERMIT REFUNDS JOB FAIR BANNER REFUND & 001-8155-347.90-15 128.80 CFCH RENTAL FEE REFUND CO 001-8155-347.30-18 90.00 CFCH RENTAL REFUND COVID- 001-8155-347.30-18 90.00 Facility Rentals Division Total:$308.80 Facilities Maintenance Department Total:$5,688.13 PACIFICA LAW GROUP, LLP MISC PROFESSIONAL SERVICE 001-9029-518.41-50 690.00 General Unspecified Division Total:$690.00 Non-Departmental Department Total:$690.00 General Fund Fund Total:$142,859.30 LINCOLN PARK BMX ASSOCIATION MISCELLANEOUS SERVICES 101-1430-557.41-50 8,998.15 LULISH DESIGN MISC PROFESSIONAL SERVICE 101-1430-557.41-50 7,398.80 MISC PROFESSIONAL SERVICE 101-1430-557.41-50 4,111.25 N-DUB PRODUCTIONS MISCELLANEOUS SERVICES 101-1430-557.41-50 2,850.00 SAGACITY CUSTOM PUBLISHING MISC PROFESSIONAL SERVICE 101-1430-557.41-50 7,554.00 Lodging Excise Tax Division Total:$30,912.20 Lodging Excise Tax Department Total:$30,912.20 Lodging Excise Tax Fund Total:$30,912.20 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 124.58 Page 5 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 13 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount ALPINE PRODUCTS, INC MARKERS, PLAQUES,SIGNS 102-7230-542.31-25 6,302.21 CARTEGRAPH SYSTEMS INC LIBRARY SERVICES(EXCL 908 102-7230-542.48-02 1,486.80 CEDAR GROVE COUNSELING, INC. HEALTH RELATED SERVICES 102-7230-542.49-90 37.00 FASTENAL INDUSTRIAL SUPPLIES 102-7230-542.31-01 64.37 FIRST AID & SAFETY EQUIP.102-7230-542.31-01 25.54 HOME DEPOT PRO-SUPPLYWORKS JANITORIAL SUPPLIES 102-7230-542.31-01 53.85 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 237.73 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 3,260.98 METROPOLITAN TRANS COMMISSION COMPUTER SOFTWARE FOR MIC 102-7230-542.48-02 3,500.00 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 102-7230-542.43-10 160.55 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 102-7230-542.31-01 60.13 FUEL,OIL,GREASE, & LUBES 102-7230-542.35-01 11.89 FIRST AID & SAFETY EQUIP.102-7230-542.31-01 45.99 CLOTHING & APPAREL 102-7230-542.31-01 190.57 PAINTING EQUIPMENT & ACC 102-7230-542.31-01 39.03 WASHINGTON (DOT), STATE OF CONSTRUCTION SERVICES,GEN 102-7230-542.48-10 10,982.50 Street Division Total:$26,583.72 Public Works-Street Department Total:$26,583.72 Street Fund Total:$26,583.72 CENTURYLINK 03-06 A/C 300539444 107-5160-528.42-11 58.23 CENTURYLINK-QWEST 03-02 A/C 360Z020380301B 107-5160-528.42-11 188.67 CLALLAM CNTY SHERIFF'S DEPT MISC PROFESSIONAL SERVICE 107-5160-528.41-50 7,785.64 JEFFERSON COUNTY 911 MISC PROFESSIONAL SERVICE 107-5160-528.41-50 19,505.11 MCFALL, BARBARA SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 300.00 PETEK, THOMAS C PHD HEALTH RELATED SERVICES 107-5160-528.41-50 300.00 SHORE POLYGRAPH SERVICES SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 300.00 WA STATE PATROL COMPUTER SOFTWARE FOR MIN 107-5160-528.41-50 1,500.00 Pencom Division Total:$29,937.65 Pencom Department Total:$29,937.65 Pencom Fund Total:$29,937.65 MISC ONE-TIME VENDORS RENTAL ASSISTANCE 172-4130-551.49-90 300.00 RENTAL ASSISTANCE 172-4130-551.49-90 300.00 RENTAL ASSISTANCE 172-4130-551.49-90 300.00 Page 6 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 14 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount MISC ONE-TIME VENDORS RENTAL ASSISTANCE 172-4130-551.49-90 300.00 RENTAL ASSISTANCE 172-4130-551.49-90 300.00 RENTAL ASSISTANCE 172-4130-551.49-90 300.00 RENTAL ASSISTANCE 172-4130-551.49-90 300.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 RENTAL ASSISTANCE 172-4130-551.49-90 500.00 WILLIAM SHORE POOL DISTRICT MANAGEMENT SERVICES 172-4130-559.52-01 205,753.51 PA Housing Rehabilitation Division Total:$213,353.51 PA Housing Rehabilitation Department Total:$213,353.51 PA Housing Rehab Proj Fund Total:$213,353.51 JJC RESOURCES, LLC SUPPLIES 310-8985-594.65-10 922.25 Misc Parks Projects Division Total:$922.25 Capital Proj-Parks & Rec Department Total:$922.25 Capital Improvement Fund Total:$922.25 PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 2,702.28 GF-Street Projects Division Total:$2,702.28 Capital Projects-Pub Wks Department Total:$2,702.28 Transportation Benefit Fund Total:$2,702.28 MISC DEPOSIT & PERMIT REFUNDS CLUBHOUSE RENTAL FEES REF 316-8982-362.40-12 90.00 CLUBHOUSE RENTAL REFUND C 316-8982-362.40-12 60.00 LOOMIS RENTAL REFUND COVI 316-8982-362.40-12 90.00 LOOMIS RENTAL REFUND COVI 316-8982-362.40-12 135.00 Park Improvmt Division Total:$375.00 Capital Proj-Parks & Rec Department Total:$375.00 Park Improvement Fund Fund Total:$375.00 ANIXTER, INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 317.95 Page 7 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 15 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 57.98 FINAL BILL REFUND 401-0000-122.10-99 163.54 FINAL CREDIT-1404 1/2 401-0000-122.10-99 42.23 FINAL CREDIT-1404 S PINE 401-0000-122.10-99 247.93 FINAL BILL REFUND 401-0000-122.10-99 0.48 FINAL BILL REFUND 401-0000-122.10-99 9.68 FINAL BILL REFUND 401-0000-122.10-99 16.99 FINAL BILL REFUND 401-0000-122.10-99 19.59 FINAL BILL REFUND 401-0000-122.10-99 41.35 FINAL BILL REFUND 401-0000-122.10-99 48.38 FINAL BILL REFUND 401-0000-122.10-99 154.78 FINAL BILL REFUND 401-0000-122.10-99 222.05 FINAL BILL REFUND 401-0000-122.10-99 222.57 FINAL BILL REFUND 401-0000-122.10-99 225.69 FINAL BILL REFUND 401-0000-122.10-99 279.25 FINAL CREDIT-731 W 8TH ST 401-0000-122.10-99 165.29 OVERPAYMENT-1626 W 15TH 401-0000-122.10-99 66.40 OVERPAYMENT-236 FRONT #14 401-0000-122.10-99 63.18 WESCO DISTRIBUTION INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 2,750.33 Division Total:$5,115.64 Department Total:$5,115.64 EES CONSULTING INC MISC PROFESSIONAL SERVICE 401-7120-533.49-01 592.76 Power Systems Division Total:$592.76 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 301.10 AMAZON CAPITAL SERVICES ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 27.74 ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 98.49 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 244.36 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 14.08 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 353.28 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 195.66 HOME DEPOT PRO-SUPPLYWORKS ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 135.83 MATT'S TOOLS USA, LLC CLOTHING ACCESSORIES(SEE 401-7180-533.31-01 71.96 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 401-7180-533.41-50 1,283.10 OLYMPIC PARTY & CUSTODIAL PAPER & PLASTIC-DISPOSABL 401-7180-533.31-01 81.91 Page 8 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 16 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount SUPPLIES PACIFIC OFFICE EQUIPMENT INC SUPPLIES 401-7180-533.31-01 130.79 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 20.28 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 475.23 PORT ANGELES POWER EQUIPMENT AUTO & TRUCK MAINT. ITEMS 401-7180-533.31-01 116.96 POWER MONITORS INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 184.68 SWAIN'S GENERAL STORE INC AUTO SHOP EQUIPMENT & SUP 401-7180-533.31-01 13.49 TYNDALE COMPANY FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 132.12 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 (101.52) FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 687.89 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 (95.22) FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 171.87 Electric Operations Division Total:$4,544.08 Public Works-Electric Department Total:$5,136.84 Electric Utility Fund Total:$10,252.48 GENERAL PACIFIC INC PIPE FITTINGS 402-0000-141.40-00 7,311.16 THURMAN SUPPLY PIPE FITTINGS 402-0000-141.40-00 119.48 Division Total:$7,430.64 Department Total:$7,430.64 A & A ROCK, INC. ROAD/HWY MAT NONASPHALTIC 402-7380-534.31-20 1,017.24 AIRPORT GARDEN CENTER SEED,SOD,SOIL&INOCULANT 402-7380-534.31-01 66.99 ANGELES MILLWORK & LUMBER PIPE FITTINGS 402-7380-534.31-20 2.72 BACKFLOW APPARATUS & VALVE CO PLUMBING EQUIP FIXT,SUPP 402-7380-534.31-20 301.32 CASCADE COLUMBIA DISTRIBUTION, INC WATER&SEWER TREATING CHEM 402-7380-534.31-05 1,725.30 FERGUSON ENTERPRISES INC SHOES AND BOOTS 402-7380-534.31-01 139.13 SHOES AND BOOTS 402-7380-534.31-01 (139.13) HOME DEPOT PRO-SUPPLYWORKS JANITORIAL SUPPLIES 402-7380-534.31-01 53.85 PAPER & PLASTIC-DISPOSABL 402-7380-534.31-01 54.83 JOHNSON CONTROLS SECURITY SOLUTIONS SECURITY,FIRE,SAFETY SERV 402-7380-534.41-50 1,027.75 SECURITY,FIRE,SAFETY SERV 402-7380-534.41-50 1,843.28 LINCOLN INDUSTRIAL CORP PIPE AND TUBING 402-7380-534.31-20 44.71 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL REIMBURSEMENT 402-7380-534.31-01 38.00 MEAL REIMBURSEMENT 402-7380-534.31-01 38.00 Page 9 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 17 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL REIMBURSEMENT 402-7380-534.31-01 38.00 MEAL REIMBURSEMENT 402-7380-534.31-01 38.00 MEAL REIMBURSEMENT 402-7380-534.31-01 38.00 MEAL REIMBURSEMENT 402-7380-534.31-01 (38.00) NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 402-7380-534.43-10 160.55 PEN PRINT INC PRINTING EQUIP & SUPPLIES 402-7380-534.31-01 190.23 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 402-7380-534.35-01 136.66 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 45.19 MISC PROFESSIONAL SERVICE 402-7380-534.47-10 141.24 SHOTWELL CORP, JONATHAN BUILDING MAINT&REPAIR SER 402-7380-534.48-10 350.00 SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 258.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 69.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 235.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 235.00 THURMAN SUPPLY SUPPLIES 402-7380-534.31-20 72.34 FASTENERS, FASTENING DEVS 402-7380-534.31-20 105.98 PIPE AND TUBING 402-7380-534.47-10 62.54 USA BLUEBOOK CONTRL,INDICA,RECORD INST 402-7380-534.31-01 69.19 PIPE AND TUBING 402-7380-534.31-01 54.93 PIPE FITTINGS 402-7380-534.31-01 65.94 SUPPLIES 402-7380-534.31-01 170.80 FIRST AID & SAFETY EQUIP.402-7380-534.31-01 182.37 Water Division Total:$8,894.95 JACOBS ENGINEERING GROUP CONSULTING SERVICES 402-7382-534.41-50 6,139.26 Industrial Water Treatmnt Division Total:$6,139.26 Public Works-Water Department Total:$15,034.21 Water Utility Fund Total:$22,464.85 CED/CONSOLIDATED ELEC DIST ELECTRONIC COMPONENTS 403-7480-535.31-20 1,947.90 CUES AUTO & TRUCK ACCESSORIES 403-7480-535.48-10 753.90 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 403-7480-535.31-20 155.59 FERGUSON ENTERPRISES INC PIPE FITTINGS 403-7480-535.31-20 94.45 PIPE FITTINGS 403-7480-535.31-20 133.83 HASA, INC CHEMICAL, COMMERCIAL,BULK 403-7480-535.31-05 5,408.05 Page 10 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 18 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount HOME DEPOT PRO-SUPPLYWORKS JANITORIAL SUPPLIES 403-7480-535.31-01 53.85 JOHNSON CONTROLS SECURITY SOLUTIONS SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 265.83 SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 287.26 KENNEDY/JENKS CONSULTANTS CONSULTING SERVICES 403-7480-535.41-50 2,335.62 KUBWATER RESOURCES, INC. WATER&SEWER TREATING CHEM 403-7480-535.31-05 3,987.64 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-05 1,015.39 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 403-7480-535.43-10 160.55 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,147.50 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 1,006.28 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 734.20 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 381.53 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 403-7480-535.31-01 15.88 SHOES AND BOOTS 403-7480-535.31-01 121.64 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 38.98 PIPE FITTINGS 403-7480-535.31-20 6.14 WA STATE DEPARTMENT OF ECOLOGY ENVIRONMENTAL&ECOLOGICAL 403-7480-535.49-90 7,016.76 WATERCARE INDUSTRIAL SERVICES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-05 739.63 Wastewater Division Total:$27,808.40 Public Works-WW/Stormwtr Department Total:$27,808.40 Wastewater Utility Fund Total:$27,808.40 ANGELES MILLWORK & LUMBER LAUNDRY& DRY CLEAN COMPOD 404-7538-537.31-01 3.12 SOILTEST FARM CONSULTANTS TESTING&CALIBRATION SERVI 404-7538-537.41-50 240.75 SPECTRA LABORATORIES TESTING&CALIBRATION SERVI 404-7538-537.41-50 300.00 SW - Transfer Station Division Total:$543.87 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 124.58 ANGELES MILLWORK & LUMBER RAGS,SHOP TOWELS,WIPING 404-7580-537.31-01 30.36 HOME DEPOT PRO-SUPPLYWORKS JANITORIAL SUPPLIES 404-7580-537.31-01 53.85 MISC EMPLOYEE EXPENSE REIMBURSEMENT MEAL REIMBURSEMENT 404-7580-537.31-01 57.00 MEAL REIMBURSEMENT 404-7580-537.31-01 19.00 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 404-7580-537.43-10 160.55 Solid Waste-Collections Division Total:$445.34 LEITZ FARMS, INC AGRICULTURAL IMPLEM PARTS 404-7585-537.31-01 62.92 Page 11 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 19 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount MATT'S TOOLS USA, LLC HAND TOOLS ,POW&NON POWER 404-7585-537.35-01 152.77 Solid Waste-Landfill Division Total:$215.69 Public Works-Solid Waste Department Total:$1,204.90 Solid Waste Utility Fund Total:$1,204.90 ANGELES MILLWORK & LUMBER LAWN MAINTENANCE EQUIP 406-7412-538.35-01 79.47 CLALLAM CONSERVATION DISTRICT NURSERY STOCK & SUPPLIES 406-7412-538.44-10 354.65 HOME DEPOT PRO-SUPPLYWORKS JANITORIAL SUPPLIES 406-7412-538.31-01 53.86 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 406-7412-538.44-10 206.57 Stormwater Division Total:$694.55 Public Works-WW/Stormwtr Department Total:$694.55 Stormwater Utility Fund Total:$694.55 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,677.43 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 20.22 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 220.38 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 13.02 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 266.14 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 353.93 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,666.77 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 207.60 SWAIN'S GENERAL STORE INC SUPPLIES 409-6025-526.20-80 42.34 SUPPLIES 409-6025-526.31-01 32.51 SYSTEMS DESIGN WEST, LLC SALE SURPLUS/OBSOLETE 409-6025-526.41-50 3,050.20 ZOLL MEDICAL CORPORATION SALE SURPLUS/OBSOLETE 409-6025-526.31-01 457.36 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 85.57 Medic I Division Total:$8,093.47 Fire Department Total:$8,093.47 Medic I Utility Fund Total:$8,093.47 PKG LAW, PS MISC PROFESSIONAL SERVICE 413-7481-535.41-50 17,687.36 MISC PROFESSIONAL SERVICE 413-7481-535.41-50 33,123.61 Wastewater Remediation Division Total:$50,810.97 Public Works-WW/Stormwtr Department Total:$50,810.97 Harbor Clean Up Fund Total:$50,810.97 AIR FLO HEATING COMPANY INC CITY REBATE 421-7121-533.49-86 500.00 ALL WEATHER HEATING & CITY REBATE 421-7121-533.49-86 500.00 Page 12 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 20 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount COOLING BILL MAIR HEATING & AIR, INC CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 DAVE'S HEATING & COOLING SVC CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 CITY REBATE 421-7121-533.49-86 500.00 MATHEWS GLASS CO INC CITY REBATE 421-7121-533.49-86 300.33 CITY REBATE 421-7121-533.49-86 76.67 MISC CITY CONSERVATION REBATES CITY REBATE 421-7121-533.49-86 500.00 TRACY'S INSULATION CITY REBATE 421-7121-533.49-86 777.90 CITY REBATE 421-7121-533.49-86 644.80 Conservation Division Total:$6,799.70 Public Works-Electric Department Total:$6,799.70 Conservation Fund Total:$6,799.70 BILL'S PLUMBING & HEATING INC RENTAL/LEASE EQUIPMENT 451-7188-594.65-10 190.00 Electric Projects Division Total:$190.00 Public Works-Electric Department Total:$190.00 Electric Utility CIP Fund Total:$190.00 KENNEDY/JENKS CONSULTANTS CONSULTING SERVICES 453-7488-594.65-10 3,973.52 Wastewater Projects Division Total:$3,973.52 Public Works-WW/Stormwtr Department Total:$3,973.52 WasteWater Utility CIP Fund Total:$3,973.52 AMAZON CAPITAL SERVICES HOSES, ALL KINDS 501-0000-141.40-00 108.33 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 120.70 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 23.22 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 11.76 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 29.50 GRAINGER AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 111.05 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 154.30 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 15.20 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 75.06 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 40.04 Page 13 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 21 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount PENINSULA LUBRICANTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 81.37 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 721.24 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 166.91 ROMAINE ELECTRIC CORP AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 462.34 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 20.50 SIRENNET.COM AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,105.48 TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 105.04 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (27.98) Division Total:$3,324.06 Department Total:$3,324.06 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 150.17 AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 51.06 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 106.50 ANGELES COLLISION REPAIR EXTERNAL LABOR SERVICES 501-7630-548.34-02 108.50 ANGELES MILLWORK & LUMBER GASES CONT.EQUIP:LAB,WELD 501-7630-548.49-90 224.49 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.96 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.96 BAXTER AUTO PARTS #15 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 134.95 BICKFORD FORD INC. AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 219.92 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 291.81 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 99.00 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 170.66 DAREN'S POINT S EXTERNAL LABOR SERVICES 501-7630-548.34-02 36.85 EXTERNAL LABOR SERVICES 501-7630-548.34-02 103.27 EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.42 EXTERNAL LABOR SERVICES 501-7630-548.34-02 27.12 EXTERNAL LABOR SERVICES 501-7630-548.34-02 73.70 EXTERNAL LABOR SERVICES 501-7630-548.34-02 73.70 EXTERNAL LABOR SERVICES 501-7630-548.34-02 73.70 DEPARTMENT OF LICENSING NEW VEHICLE LICENSE, VEH# 501-7630-548.45-21 61.75 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 65.17 JENNINGS EQUIPMENT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 249.92 JIM BEKKEVAR SANDBLASTING EXTERNAL LABOR SERVICES 501-7630-548.34-02 608.68 LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 122.20 EXTERNAL LABOR SERVICES 501-7630-548.34-02 119.56 Page 14 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 22 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 113.26 EXTERNAL LABOR SERVICES 501-7630-548.34-02 130.44 EXTERNAL LABOR SERVICES 501-7630-548.34-02 130.44 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 89.67 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 15.87 AUTO & TRUCK MAINT. ITEMS 501-7630-548.49-90 8.30 N C MACHINERY CO AIR COMPRESSORS & ACCESS 501-7630-594.64-10 21,669.35 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 501-7630-548.43-10 160.55 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (13.13) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 473.64 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (76.09) OLYMPIC SYNTHETIC PRODUCTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 30.44 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 184.73 RUDY'S AUTOMOTIVE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 65.51 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 175.20 EXTERNAL LABOR SERVICES 501-7630-548.34-02 223.71 EXTERNAL LABOR SERVICES 501-7630-548.34-02 372.84 SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,716.52 TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.49-90 (8.16) Equipment Services Division Total:$28,696.11 Public Works Department Total:$28,696.11 Equipment Services Fund Total:$32,020.17 CANON USA, INC OFFICE MACHINES & ACCESS 502-2081-518.45-31 4,239.13 CENTURYLINK-QWEST 03-10 A/C 360Z100240955B 502-2081-518.42-10 593.76 03-14 A/C 3604571270975B 502-2081-518.42-10 521.62 03-14 A/C 3604574859247B 502-2081-518.42-10 221.54 03-14 A/C 3604575170121B 502-2081-518.42-10 268.22 03-16 A/C 206T355724768B 502-2081-518.42-10 115.24 03-16 A/C 206T325585090B 502-2081-518.42-10 109.02 03-16 A/C 206T329544912B 502-2081-518.42-10 109.02 03-14 A/C 3604576315689B 502-2081-518.42-10 221.92 MISC EMPLOYEE EXPENSE REIMBURSEMENT REIMBURSEMENT FOR EMERGEN 502-2081-518.31-60 1,951.01 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 502-2081-518.31-01 1.73 Page 15 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 23 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount SHI INTERNATIONAL CORP DATA PROC SERV &SOFTWARE 502-2081-518.48-02 18,137.31 Information Technologies Division Total:$26,489.52 Finance Department Total:$26,489.52 Information Technology Fund Total:$26,489.52 REDACTED Disability Board-March 503-1631-517.46-35 6.04 Disability Board-March 503-1631-517.46-35 18.93 Disability Board-March 503-1631-517.46-35 20.00 Disability Board-March 503-1631-517.46-35 88.00 Disability Board-March 503-1631-517.46-35 449.66 Jan/Feb Premiums 503-1631-517.46-35 10.20 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 121.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 123.50 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 123.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 134.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 396.60 REIMBURSE MEDICARE-MARCH 503-1631-517.46-35 602.60 Other Insurance Programs Division Total:$3,720.73 MISC CLAIM SETTLEMENTS IN HOUSE LIABILITY CLAIM 503-1671-517.49-98 231.72 Comp Liability Division Total:$231.72 Self Insurance Department Total:$3,952.45 Self-Insurance Fund Total:$3,952.45 REDACTED REIMBURSE MEDICARE-MARCH 602-6221-517.46-35 127.00 REIMBURSE MEDICARE-MARCH 602-6221-517.46-35 127.60 Page 16 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 24 City of Port Angeles City Council Expenditure Report Between Mar 28, 2020 and Apr 10, 2020 Vendor Description Account Number Amount Fireman's Pension Division Total:$254.60 Fireman's Pension Department Total:$254.60 Firemen's Pension Fund Total:$254.60 AFLAC AFLAC SUPP INSURANCE 920-0000-231.53-10 1,186.22 PAYROLL SUMMARY 920-0000-231.53-11 307.69 PAYROLL SUMMARY 920-0000-231.53-12 472.31 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 (10.00) PAYROLL SUMMARY 920-0000-231.55-30 585.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 22,710.00 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 65,778.69 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 78,321.12 HSA BANK PAYROLL SUMMARY 920-0000-231.52-40 4,615.66 ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 18,226.45 INTERNAL REVENUE SERVICE PAYROLL SUMMARY 920-0000-231.56-30 340.90 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 3,239.03 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 31,363.16 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 253.84 PERS PAYROLL SUMMARY 920-0000-231.51-10 1,307.10 PAYROLL SUMMARY 920-0000-231.51-11 15,378.33 PAYROLL SUMMARY 920-0000-231.51-12 79,891.70 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 1,960.00 PAYROLL SUMMARY 920-0000-231.54-10 1,958.50 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 230.12 VOLUNTEER FIRE ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-20 5.00 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 1,875.00 Division Total:$329,995.82 Department Total:$329,995.82 Payroll Clearing Fund Total:$329,995.82 Total for Checks Dated Between Mar 28, 2020 and Apr 10, 2020 $972,651.31 Page 17 of 17 Apr 15, 2020 9:35:49 AMApril 21, 2020 E - 25 Date: April 21, 2020 To: City Council From: Brian S. Smith, Police Chief Subject: REdisCOVERY 2.0/Law Enforcement Assisted Diversion Grant Acceptance/Contract Background / Analysis: The action recommended in this Memo is permitted under Proclamation 20- 28. The Police Department currently is operating its REdisCOVERY 1.0 program. This program employs tools and strategies to accurately identify and engage persons with substance and behavioral issues who otherwise unabated will commit crimes. The City employs the Olympic Peninsula Community Clinic (OPCC) as a subcontractor for the current mental health field response team. Based on the above staff elected to the proposed contracts on the consent agenda. Summary: The Police Department currently is operating its REdisCOVERY 1.0 program. This program employs tools and strategies to accurately identify and engage persons with substance and behavioral issues who otherwise unabated will commit crimes. The City employs the Olympic Peninsula Community Clinic (OPCC) as a subcontractor for this current mental health field response team. The Washington Association of Sheriffs and Police Chiefs (WASPC) has awarded the Port Angeles Police Department funding to support a version 2.0 of the REdisCOVERY program. This will be a four-phase implementation program. This includes hiring and training appropriate staff. The period of performance for the REdisCOVERY 2.0 grant is April 13,2020 through June 30, 2021. Funding: WASPC has offered the Police Department $367,031 for staff salaries and benefits, community- based organization contracts and travel/training. There is no grant match requirement. Proclamation 20-28: The action recommended in this Memo is permitted under Proclamation 20-28 because it is routine and necessary. The REdisCOVERY 1.0 program has been in operation for 2 years. During that time, it has proven to be very successful in addressing the impacts on mental health and substance abuse problems in the community. If the Council does not take action now the community could lose the benefits of the enhanced REdisCOVERY 2.0 program, and the City could lose $367,031 in grant funding. Additionally, the action recommended in this Memo is permitted under Proclamation 20-28 because it supports a program that has been shown to substantially reduce the mental health and substance abuse impacts on those negatively affected by the COVID-19 outbreak and current public health emergency. There is no other program, either existing or proposed, that could provide the same COVID -19 related benefits. Recommendation: Accept the WASPC grant and approve the professional services contract with OPCC; and authorize the City Manager to sign the grant documents and the professional service contract, and to make minor modifications to both if needed. April 21, 2020 E - 26 The essence of the REdisCOVERY 2.0 program (or LEAD) is as a follow up to and designed to operate alongside the existing REdisCOVERY 1.0 program (the WASPC grant funded mental health field response teams). The REdisCOVERY 2.0 program, when fully operational, will offer the Police Department and the community a coordinated program that includes staff trained in crisis intervention and outreaching to populations experiencing crisis, the opportunity to meet participants at a safe location, evidence based social service practices and when safe, practical and the best interests of public safety and utilize an “upstream” arrest and jail diversion approach to law enforcement contacts made by officers with actual and potential program participants. The Washington Association of Sheriffs and Police Chiefs (WASPC) has awarded the Port Angeles Police Department funding to support a version 2.0 of the REdisCOVERY program. The period of performance for the REdisCOVERY 2.0 grant begins on April 13,2020. WASPC expects the City to approve acceptance of the grant on or about that date. This version 2.0 of the REdisCOVERY program has four phases and performance requirements that must be met before services under the grant can be provided. The second phase of the grant performance begins in May of 2020 and one of the requirements is that the contract OPCC staff have been hired and begin training. Phase three requires that staff begin providing services in June of 2020. Phase four will be completed at the end of June 2021 and includes a contract with a tele -psychiatry provider to serve clients receiving services from the REdisCOVERY 2.0 program. And, the REdisCOVERY 2.0 program once operational will also address mental health and substance abuse impacts resulting from the COVID-19 pandemic. Staff will be challenged to meet all the requirements inside the benchmarks as outlined in t he grant, and thus it is imperative that the grant be approved without delay Funding Overview: The WASPC grant provides $22,000 for PAPD staff salary and benefits, $15,000 for equipment and supplies, $327,031 for community-based organization contracts (OPCC) for program staff. This includes full or partial funding for navigators, a senior navigator, a scheduler, a program manager, a case manager, a medical management provider, data collection and other equipment. There is an additional $18,000 for travel and training. The sub-contractor (OPCC) will invoice the Police Department which will in turn invoice WASPC. Budget amendments to account for addition revenue and spending in FY 2020 will also be completed. Staff believes that OPCC is the best community-based organization with the institutional knowledge and capacity to carry out a professional services agreement with the City in the time frames required by WASPC. OPCC the current contractor with a professional services agreement with the City for REdisCOVERY 1.0. April 21, 2020 E - 27 Grant Agreement with The Port Angeles Police Department and The Washington Association of Sheriffs and Police Chiefs For Arrest and Jail Alternatives Start date: 4/22/2020 April 21, 2020 E - 28 THIS PAGE INTENTIONALLY LEFT BLANK April 21, 2020 E - 29 Contents SPECIAL TERMS AND CONDITIONS ............................................................................ 2 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING ............................................... 3 2. ASSOCIATION OF COMMUNITY ORGANIZATIONS (ACORN) .......................... 3 3. BILLING PROCEDURES AND PAYMENT ............................................................ 3 4. COMPENSATION ................................................................................................. 4 5. COMPUTER NETWORKS .................................................................................... 4 6. RETENTION, SECURITY, STAFF TRAINING, AND DATA BREACHES .............. 4 7. CONFERENCES, MEETINGS, AND TRAININGS ................................................ 5 8. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP) ............................. 5 9. EXAMINATION OF RECORDS ............................................................................. 6 10. FEDERAL NON-DISCRIMINATION REQUIREMENTS ..................................... 6 11. GRANT MANAGEMENT .................................................................................... 6 12. GRANT MODIFICATION ................................................................................... 6 13. INSURANCE ...................................................................................................... 7 14. LOCAL GOVERNMENT GRANTEES THAT PARTICIPATE IN A SELF- INSURANCE PROGRAM ............................................................................................ 7 15. NON-SUPPLANTING CERTIFICATION ............................................................ 8 16. REDUCING TEXT MESSAGING WHILE DRIVING ........................................... 8 17. REPORTING ...................................................................................................... 8 18. RESTRICTIONS AND CERTIFICATIONS REGARDING NON-DISCLOSURE AGREEMENTS AND RELATED MATTERS ............................................................... 8 19. SERVICES TO LIMITED-ENGLISH-PROFICIENT (LEP) PERSONS ................ 9 20. SUBGRANTEE DATA COLLECTION ................................................................ 9 21. NON-DUPLICATION OF FUNDING AND PURPOSE ...................................... 10 22. ORDER OF PRECEDENCE ............................................................................ 10 GENERAL TERMS AND CONDITIONS ........................................................................ 11 1. DEFINITIONS ...................................................................................................... 11 2. ADVANCE PAYMENTS PROHIBITED................................................................ 11 3. ALL WRITINGS CONTAINED HEREIN ............................................................... 11 4. AMENDMENTS ................................................................................................... 12 5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, also referred to as the “ADA” 28 CFR Part 35 ........................................................... 12 6. ASSIGNMENT ..................................................................................................... 12 April 21, 2020 E - 30 7. ATTORNEYS’ FEES ........................................................................................... 12 8. AUDIT .................................................................................................................. 12 9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS .................................................................................... 14 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ............................ 15 11. CONFLICT OF INTEREST............................................................................... 15 12. COPYRIGHT PROVISIONS............................................................................. 16 13. DISPUTES ....................................................................................................... 17 14. GOVERNING LAW AND VENUE ..................................................................... 17 15. INDEMNIFICATION ......................................................................................... 17 16. INDEPENDENT CAPACITY OF THE GRANTEE ............................................ 18 17. INDIRECT COSTS ........................................................................................... 18 18. LAWS ............................................................................................................... 18 19. LICENSING, ACCREDITATION AND REGISTRATION .................................. 20 20. LIMITATION OF AUTHORITY ......................................................................... 20 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS .............................. 21 22. POLITICAL ACTIVITIES .................................................................................. 21 23. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS .. 21 24. PUBLICITY....................................................................................................... 22 25. RECAPTURE ................................................................................................... 22 26. RECORDS MAINTENANCE ............................................................................ 22 27. REGISTRATION WITH DEPARTMENT OF REVENUE .................................. 23 28. RIGHT OF INSPECTION ................................................................................. 23 29. SAVINGS ......................................................................................................... 23 30. SEVERABILITY ................................................................................................ 23 31. SITE SECURITY .............................................................................................. 23 32. SUBGRANTING/SUBGRANTING .................................................................... 23 33. SURVIVAL ....................................................................................................... 24 34. TAXES ............................................................................................................. 24 35. Termination – Disruption in Funding ................................................................ 24 36. TERMINATION FOR CAUSE........................................................................... 24 37. TERMINATION FOR CONVENIENCE ............................................................. 25 38. TERMINATION PROCEDURES ...................................................................... 25 39. WAIVER ........................................................................................................... 26 April 21, 2020 E - 31 Attachment A - Scope of Work Attachment B - Budget Attachment C - Certification of Federal Award Requirements Attachment D - Civil Rights Certifications Attachment E - Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Attachment F - Certification Regarding DUNS and Compliance In Registering Attachment G - Certification Regarding Lobbying Attachment H - Certification Regarding Federally Unallowable Expenses April 21, 2020 E - 32 Grant Number: AJA-001 Washington Association of Sheriffs and Police Chiefs Arrest and Jail Alternatives GRANTEE Port Angeles Police Department 321 E. 5th St. Port Angeles, WA 98362 GRANTEE DOING BUSINESS AS (OPTIONAL) GRANTEE REPRESENTATIVE Jason Viada jviada@cityofpa.us (360) 417-4902 321 E. 5th St. Port Angeles, WA 98362 WASPC REPRESENTATIVE Steven Briggs, Programs Coordinator sbriggs@waspc.org (360) 486-2389 3060 Willamette Dr. NE Lacey, WA 98516 GRANT AMOUNT $367,031.00 GRANT START DATE April 22, 2020 GRANT END DATE June 30, 2021 FUNDING SOURCES STATE FEDERAL STATE AMOUNT $217,031 FEDERAL AMOUNT $150,000 STATE PASSTHROUGH AGENCY Criminal Justice Training Commission STATE FUND HCA 243 – HCA Criminal Justice Diversion FEDERAL FUNDS Substance Abuse Block Grant FEDERAL AGENCY Health and Human Services, Substance Abuse and Mental Health Services Administration CFDA NUMBER 93.959 TAX ID 91-6001266 SWV NUMBER DUNS NUMBER FEDERAL INDIRECT RATE (OPTIONAL) GRANT PURPOSE To provide services to communities in Washington State as set forth in RCW 36.28A.450. DEFINITIONS, PARTIES AND DOCUMENTS WASPC, defined as the Washington Association of Sheriffs and Police Chiefs, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The state and federal allocations referenced above are subject to change over the course of this agreement. If the grantee needs clarification from WASPC, they are encouraged to seek it as soon as possible. The rights and obligations of both parties to this Grant are governed by this Grant and the referenced attachments: Attachment A - Scope of Work, Attachment B – Budget, Attachment C - Certification of Federal Award Requirements, Attachment D - Civil Rights Certifications, Attachment E - Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion, Attachment F - Certification Regarding DUNS and Compliance In Registering, Attachment G - Certification Regarding Lobbying Attachment H - Certification Regarding Federally Unallowable Expenses. April 21, 2020 E - 33 FOR GRANTEE ___________________________________ NAME ____________________________________ TITLE ___________________________________ SIGNATURE _________________________________ DATE FOR WASPC ____________________________________ NAME ____________________________________ TITLE ____________________________________ SIGNATURE _________________________________ DATE April 21, 2020 E - 34 SPECIAL TERMS AND CONDITIONS DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. A. “WASPC” shall mean the Washington Association of Sheriffs and Police Chiefs. B. “Grant” or “Agreement” means the entire written agreement between WASPC and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E- mail or Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. C. “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. D. “Modified Total Direct Costs” (MTDC) shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. “State” shall mean the state of Washington. G. “Subgrantee/Subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms “Subgrantee/Subcontractor” refers to any tier. H. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass-through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or WASPC. I. “Vendor” is an entity that agrees to provide the amount and kind of services requested by WASPC; provides services under the grant only to those beneficiaries individually determined to be eligible by WASPC and, provides services on a fee-for-service or per- unit basis with grantual penalties if the entity fails to meet program performance standards. April 21, 2020 E - 35 1. ACKNOWLEDGEMENT OF FEDERAL FUNDING  Federal Award Date: 9/27/18  Federal Award Identification Number (FAIN): TM010056  Awarding Official: Health and Human Services, Substance Abuse and Mental Health Services Administration Amount obligated by this action: $150,000 The Grantee agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in whole or in part with federal funds under this Grant, shall contain the following statements: “This project was supported by Grant No. TM010056 awarded by the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Department of Health and Human Services. Grant funds are administered by the Washington Association of Sheriffs and Police Chiefs.” In the event a correction is required to the Acknowledgement of Federal Funding, an administrative change will be processed. A change to the Acknowledgement of Federal Funding will not affect your budget or scope of work and notice will be provided. 2. ASSOCIATION OF COMMUNITY ORGANIZATIONS (ACORN) Grantee understands and agrees that it cannot use these funds in support of any Grant or sub-award to either the Association of Community Organizations (ACORN) or its subsidiaries. 3. BILLING PROCEDURES AND PAYMENT The Grantee shall submit all requests for reimbursement on the Invoice Voucher (A-19) form provided by WASPC. Invoices shall be submitted at least quarterly, but not more often than monthly, on the Invoice Voucher (A-19) Forms. The Invoice Voucher shall be submitted to Steven Briggs, Programs Coordinator, Washington Association of Sheriffs and Police Chiefs, 3060 Willamette Dr NE Ste 200 Lacey, WA 98516. WASPC will pay Grantee upon acceptance of program activities provided and receipt of properly completed invoices. Payment shall be considered timely if made by WASPC within forty-five (45) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. April 21, 2020 E - 36 WASPC may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by WASPC. Duplication of Billed Costs The Grantee shall not bill WASPC for services performed under this Grant, and WASPC shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 4. COMPENSATION WASPC shall pay an amount not to exceed ($367,031.00) for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment A - Scope of Work. Grantee’s compensation for services rendered shall be based on the following rates or in accordance with Attachment B – Budget. Transfer of funds between line item budget categories must be approved by the WASPC staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation of an amendment by Grantee and WASPC. Consultant fees may not exceed $650 per day or $81.25 per hour for this Grant (excluding travel and subsistence costs). Travel expenses shall be reimbursed at a rate not to exceed the current state per diem rate for mileage, lodging, and meals while traveling in-state and the Federal General Services Administration rates when traveling out of state. Current rates for in-state can be accessed at http://www.ofm.wa.gov/resources/travel/colormap1016.pdf. Rates for out of state travel can be accessed at https://www.gsa.gov/travel/plan-book/per-diem-rates. Any out-of-state travel must be approved in advance by WASPC. The Grantee agrees to comply with the financial and administrative requirements set forth in the appropriate federal laws, statutes, and rules. 5. COMPUTER NETWORKS Grantee understands and agrees that it cannot use any federal funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. 6. RETENTION, SECURITY, STAFF TRAINING, AND DATA BREACHES WASPC requires that all information created or collected as a result of this funding be retained, either physically or digitally, for not less than seven (7) years. It is expected that April 21, 2020 E - 37 Recipients and Subrecipients will allow for the cost of the creation of records maintenance plans and systems using funds allocated in this award. WASPC also requires that all due care and consideration be given to the security of the data created from or collected under this program. It is expected that grantees will develop a data security plan that addresses records and data security. Further, it is required that the Recipient or Subrecipients implement a policy and equipment that restricts access to and control of information created or collected as a result of this funding to only those staff members who have a compelling need for access or control. WASPC may request a copy of this plan to ensure compliance. If a Recipient or Subrecipients collects data whose security is regulated by federal, state or local law, it is expected that the Recipient or Subrecipients will adhere to all relevant laws, rules, and regulations. Recipient and Subrecipients are required to train every staff member who may have access to information created or collected under this grant in proper data security and awareness and the elements of the plan mentioned above. If the Recipient or Subrecipients is made aware of a potential or actual breach of the security of any information created or collected as a result of this funding, the Recipient or Subrecipients are to notify WASPC within forty-eight (48) hours of the suspected or actual breach. The Recipient or Subrecipients are responsible for compliance with the appropriate laws, rules, and regulations regarding the reporting of a suspected or actual breach to the proper agencies and participants. 7. CONFERENCES, MEETINGS, AND TRAININGS The recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. 8. EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP) The Grantee certifies that you have verified with the appropriate person in your agency that, as a recipient of federal funds, your agency will complete an EEOP Certification to claim either a complete exemption or limited exemption from the submission requirement. A complete exemption means that your agency is not required to prepare an EEOP because it meets one or more of the following: 1. Recipient has less than 50 employees 2. Recipient is an education institution 3. Recipient is an Indian Tribe 4. Recipient is a medical institution 5. Recipient is a non-profit organization 6. Recipient’s award is less than $25,000 A limited exemption of the submission requirement means that your agency has formulated an EEOP that has been signed and is available for review because the agency has 50 or April 21, 2020 E - 38 more employees and is receiving a single award or subaward of $25,000 or more, but less than $500,000. 9. EXAMINATION OF RECORDS The Grantee authorizes WASPC and/or their designee, and its representatives, access to and the right to examine all records, books, paper or documents related to this grant. 10. FEDERAL NON-DISCRIMINATION REQUIREMENTS It will comply with any applicable federal non-discrimination requirements, which may include:  the Civil Rights Act of 1964 (42 U.S.C. § 2000(d));  the Rehabilitation Act of 1973 (29 U.S.C. § 794);  the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34);  the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86);  the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07);  Applicant also ensures compliance with Federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. Information about civil rights obligations of Grantees can be found at http://www.ojp.usdoj.gov/ocr/. 11. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for WASPC and their grant information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 12. GRANT MODIFICATION Notwithstanding any provision of this grant to the contrary, at any time during the grant period, WASPC may, by written notification to the Grantee and without notice to any known guarantor or surety, make changes within the general scope of the program activities to be performed under this Grant. All other modifications shall not be valid unless made in writing and signed by the parties. Any oral understandings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. Notwithstanding any provision of this grant to the contrary, at any time during the grant period, WASPC may analyze grant expenditures as a proportion of the grant budget. If WASPC determines, in its sole discretion, that the grant funding is underutilized, WASPC, in its sole discretion, may unilaterally modify the grant to reduce the balance of the grant budget. Funds de-obligated by WASPC as a result of a budget reduction may be made available to other grantees for the provision of eligible program activities. April 21, 2020 E - 39 13. INSURANCE The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/Subcontractor, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give WASPC thirty (30) calendar days advance notice of any insurance cancellation, non- renewal or modification. The Grantee shall submit to WASPC within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including grantual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantee/Subcontractor provide adequate insurance coverage for the activities arising out of subgrants/subgrants. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantee/Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under Grant to the Grantee. 14. LOCAL GOVERNMENT GRANTEES THAT PARTICIPATE IN A SELF-INSURANCE PROGRAM Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from WASPC, the Grantee may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from WASPC, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial April 21, 2020 E - 40 Accounting Standards Board (FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting. Grantees participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Grantee shall provide annually to WASPC a summary of coverage and a letter of self - insurance, evidencing continued coverage under Grantee’s self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self - insurance will be provided on the anniversary of the start date of this Grant. 15. NON-SUPPLANTING CERTIFICATION No Grant funds will be used to supplant existing state, local, or other non-federal funding already in place to support current services. Violation of the non-supplanting requirement can result in a range of penalties, including suspension of future funds under this grant, recoupment of monies provided under this grant, and civil and/or criminal penalties. 16. REDUCING TEXT MESSAGING WHILE DRIVING Pursuant to executive order 13513, “Federal Leadership on Reducing Text Messaging While Driving,” 74 Fed. Reg. 51225 (October 1, 2009), WASPC encourages recipients and sub- recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 17. REPORTING Grantee will submit reports, in a form and format to be provided by WASPC and at intervals as agreed by the parties, regarding work under this Grant performed by Subgrantees and the portion of Grant funds expended for work performed by Subgrantees, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business Subcontractors. “Subcontractors” shall mean Subcontractors of any tier. 18. RESTRICTIONS AND CERTIFICATIONS REGARDING NON-DISCLOSURE AGREEMENTS AND RELATED MATTERS No Grantee or Subgrantee under this Grant, or entity that receives a procurement contract or subcontract with any funds under this Grant, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The forgoing is not intended, and shall not be understood by the agency making this Grant, to contravene requirements applicable to Standard Form 312 (which relates to classified April 21, 2020 E - 41 information), Form 4414 (which relates to sensitive comportment information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. In accepting this award, the recipient:  represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict), employees or contractors from reporting waste, fraud, or abuse as described above; and  certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.  If the Grantee does or is authorized under this Grant to make Subgrantee, procurement contracts, or both: a. It represents that: 1. it has determined that no other entity that the Grantee’s application proposes may or will receive grant funds (whether through a Subgrant, procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and 2. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subgrantee, contractor, or subcontractor entity that receives funds under this Grant is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of ward funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligation only if expressly authorized to do so by that agency. 19. SERVICES TO LIMITED-ENGLISH-PROFICIENT (LEP) PERSONS Recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including interpretation and translation services, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing their programs and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. 20. SUBGRANTEE DATA COLLECTION WASPC intends to maintain adherence with 5 CFR § 1320.5 (d)(2) whenever possible. There may however, be times where this will not be practical or in the program’s best April 21, 2020 E - 42 interest. In this case, WASPC reserves the right to modify any and all aspects of the Recipient or Subrecipients reporting requirements. To facilitate service provision and reporting, WASPC will be requiring all grantees to fully implement and utilize a data collection system. The specific system has yet to be determined and will be supplied to the grantee by WASPC. 21. NON-DUPLICATION OF FUNDING AND PURPOSE Grantee acknowledges that this grant is not to supplement the separate and distinct Mental Health Field Response (MHFR) grant awarded to them under RCW 36.28A.440. While similarities may exist, there is a substantial difference in the goals of each program. The goals of the Arrest and Jail Alternatives Grant Program can be found in RCW 36.28A.450. WASPC may, at our sole discretion, deny any expense that appears to be duplicative of MHFR costs or related activities. Appeals to these decisions may be made to WASPC’s Executive Director or their designee. All decisions are final and binding. 22. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order:  Applicable federal and state of Washington statutes and regulations  Special Terms and Conditions  General Terms and Conditions  Attachment A - Scope of Work  Attachment B - Budget  Attachment C - Certification of Federal Award Requirements  Attachment D - Civil Rights Certifications  Attachment E - Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion  Attachment F - Certification Regarding DUNS and Compliance In Registering  Attachment G - Certification Regarding Lobbying April 21, 2020 E - 43 GENERAL TERMS AND CONDITIONS FEDERAL FUNDS GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “WASPC” shall mean the Washington Association of Sheriffs and Police Chiefs. C. “Grant” or “Agreement” means the entire written agreement between WASPC and the Grantee, including any Exhibits, documents, or materials incorporated by reference. E- mail or Facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. “State” shall mean the state of Washington. G. “Subgrantee/Subcontractor" shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms “Subgrantee/Subcontractor” refers to any tier. H. “Subrecipient” shall mean a non-federal entity that expends federal awards received from a pass-through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or WASPC. I. “Vendor” is an entity that agrees to provide the amount and kind of services requested by WASPC; provides services under the grant only to those beneficiaries individually determined to be eligible by WASPC and, provides services on a fee-for-service or per- unit basis with grantual penalties if the entity fails to meet program performance standards. 2. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by WASPC. 3. ALL WRITINGS CONTAINED HEREIN April 21, 2020 E - 44 This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 4. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 6. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of WASPC. 7. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorney’s fees and costs. 8. AUDIT A. General Requirements Grantees are to procure audit services based on the following guidelines: The Grantee shall maintain its records and accounts so as to facilitate audits and shall ensure that Subgrantee/Subcontractors also maintain auditable records. The Grantee is responsible for any audit exceptions incurred by its own organization or that of its Subgrantee/Subcontractors. WASPC reserves the right to recover from the Grantee all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Grantee must respond to WASPC requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. April 21, 2020 E - 45 B. Federal Funds Requirements – 2 CFR Part 200 Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR Part 200. For fiscal years beginning prior to December 26, 2014, Grantees are required to have an audit conducted in accordance with Federal audit requirements. When state funds are also to be paid under this Grant a Schedule of State Financial Assistance as well as the required schedule of Federal Expenditure must be included. Both schedules include: Grantor agency name Federal agency Federal program name Other identifying grant numbers Catalog of Federal Domestic Assistance (CFDA) number (if applicable) Grantor Grant number Total award amount including amendments (total Grant award) Current year expenditures If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Grantee in accordance with 2 CFR Part 200. The Grantee shall include the above audit requirements in any Subcontracts/subgrants. In any case, the Grantee’s financial records must be available for review by WASPC. B. Documentation Requirements The Grantee must send a copy of any required audit Reporting Package as described in 2 CFR, Part 200 no later than nine (9) months after the end of the Grantee’s fiscal year(s) by sending a scanned copy to sbriggs@waspc.org or a hard copy to: Washington Association of Sheriffs and Police Chiefs ATTN: Projects and Programs Department – AUDIT COMPLIANCE 3060 Willamette Dr NE Ste 200 Lacey, WA 98516 In addition to sending a copy of the audit, when applicable, the Grantee must include:  Corrective action plan for audit findings within three (3) months of the audit being received by WASPC  Copy of the Management Letter April 21, 2020 E - 46 9. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not within a three-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and 4. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by WASPC. D. The Grantee further agrees by signing this Grant that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction,” as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS A. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. B. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such Grantee shall attach an explanation to this Grant. C. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and April 21, 2020 E - 47 Coverage sections of the rules implementing Executive Order 12549. You may contact WASPC for assistance in obtaining a copy of these regulations. 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: 1. All material provided to the Grantee by WASPC that is designated as “confidential” by WASPC; 1. All material produced by the Grantee that is designated as “confidential” by WASPC; and 2. All personal information in the possession of the Grantee that may not be disclosed under state or federal law. “Personal information” includes but is not limited to information related to a person’s name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver’s license number and other identifying numbers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of WASPC or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide WASPC with its policies and procedures on confidentiality. WASPC may require changes to such policies and procedures as they apply to this Grant whenever WASPC reasonably determines that changes are necessary to prevent unauthorized disclosures. The Grantee shall make the changes within the time period specified by WASPC. Upon request, the Grantee shall immediately return to WASPC any Confidential Information that WASPC reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. B. Unauthorized Use or Disclosure. The Grantee shall notify WASPC within three (3) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the WASPC may, in its sole discretion, by written notice to the Grantee terminate this Grant if it is found after due notice and examination by WASPC that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the Grantee in the procurement of, or performance under this Grant. Specific restrictions apply to granting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Grantee and their Subgrantee(s) April 21, 2020 E - 48 must identify any person employed in any capacity by the state of Washington that worked on the Office of Crime Victims Advocacy program including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24-month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by WASPC that a conflict of interest exists, the Grantee may be disqualified from further consideration for the award of a grant. In the event this Grant is terminated as provided above, WASPC shall be entitled to pursue the same remedies against the Grantee as it could pursue in the event of a breach of the Grant by the Grantee. The rights and remedies of WASPC provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which WASPC makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this Grant. 12. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by WASPC. WASPC shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to WASPC effective from the moment of creation of suc h Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to WASPC a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to WASPC. The Grantee shall exert all reasonable effort to advise WASPC, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide WASPC with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. WASPC shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. April 21, 2020 E - 49 13. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Executive Director of WASPC who may designate a neutral person to decide the dispute. The request for a dispute hearing must:  be in writing;  state the disputed issues;  state the relative positions of the parties;  state the Grantee's name, address, and Grant number; and  be mailed to the Director and the other party’s (respondent’s) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi- judicial tribunal. Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 14. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 15. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless WASPC, it’s agents and employees, from and against all claims for injuries or death arising out of or resulting from the performance of the Grant. “Claim” as used in this Grant, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. April 21, 2020 E - 50 The Grantee’s obligation to indemnify, defend, and hold harmless includes any claim by Grantee’s agents, employees, representatives, or any Subgrantee/Subcontractor or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless WASPC for any claim arising out of or incident to Grantee’s or any Subgrantee’s/Subcontractor’s performance or failure to perform the Grant. Grantee’s obligation to indemnify, defend, and hold harmless WASPC shall not be eliminated or reduced by any actual or alleged concurrent negligence of WASPC or its agents, employees and officials. The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent Grantee relationship will be created by this Grant. The Grantee and its employees or agents performing under this Grant are not employees or agents of WASPC. The Grantee will not hold itself out as or claim to be an officer or employee of WASPC, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee. 17. INDIRECT COSTS The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, the indirect rate requested by the grantee may not exceed ten percent of the obligated amount. 18. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws, Regulations and Circulars (Federal) A. Audits 2 CFR Part 200 B. Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Drug-Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. April 21, 2020 E - 51 Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. B. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336. Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. Employment under Federal Grants, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Nondiscrimination under Federal Grants, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2002d et seq, 24 CFR Part 1. Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88- 352. Nondiscrimination in Federally Assisted Construction Grants, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. Section 3, Housing and Urban Development Act of 1968, 12 USC 1701u (See 24 CFR 570.607(b)). C. Office of Management and Budget Circulars 2 CFR Parts 200 D. Other Anti-Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501-8. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti-Lobbying Amendment). 31 U.S.C. 1352 provides that Grantees who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of April 21, 2020 E - 52 Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Grant, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non-Supplanting Federal Funds. Section 8 Housing Assistance Payments Program. E. Privacy Privacy Act of 1974, 5 U.S.C. 552a Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (1) A. Boards of directors or officers of non-profit corporations – Liability - Limitations, RCW 4.24.264 B. Disclosure-campaign finances-lobbying, Chapter 42.17A RCW C. Discrimination-human rights commission, Chapter 49.60 RCW D. Ethics in public service, Chapter 42.52 RCW E. Office of minority and women’s business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC F. Open public meetings act, Chapter 42.30 RCW G. Public records act, Chapter 42.56 RCW H. State budgeting, accounting, and reporting system, Chapter 43.88 RCW 19. LICENSING, ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Grant is not effective or binding unless made in writing and signed by the Authorized Representative. April 21, 2020 E - 53 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee’s non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with WASPC. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein. 22. POLITICAL ACTIVITIES Political activity of Grantee employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 23. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Grantee which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with 2 CFR Part 200, for all purchases funded by this Grant. A Grantee which is a nonprofit organization shall establish procurement policies in accordance with 2 CFR Part 200, for all purchases funded by this Grant. The Grantee’s procurement system should include at least the following: A. A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of Grants using federal funds. A. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. B. Minimum procedural requirements, as follows: 1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. 1. Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. 2. Positive efforts shall be made to use small and minority-owned businesses. 3. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Grantee, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. April 21, 2020 E - 54 4. Grants shall be made only with reasonable Subgrantees/Subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. 5. Some form of price or cost analysis should be performed in connection with every procurement action. 6. Procurement records and files for purchases shall include all of the following: a. Grantee selection or rejection a. The basis for the cost or price b. Justification for lack of competitive bids if offers are not obtained 7. A system for Grant administration to ensure Grantee conformance with terms, conditions and specifications of this Grant, and to ensure adequate and timely follow-up of all purchases. C. Grantee and Subgrantee/Subcontractor must receive prior approval from WASPC for using funds from this Grant to enter into a sole source Grant or a Grant where only one bid or proposal is received when value of this Grant is expected to exceed $5,000. Prior approval requests shall include a copy of proposed Grants and any related procurement documents and justification for non-competitive procurement, if applicable. 24. PUBLICITY The Grantee agrees not to publish or use any advertising or publicity materials in which WASPC’s name is mentioned, or language used from which the connection with WASPC’s name may reasonably be inferred or implied, without the prior written consent of WASPC. 25. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, WASPC reserves the right to recapture funds in an amount to compensate WASPC for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by WASPC. In the alternative, WASPC may recapture such funds from payments due under this Grant. 26. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. April 21, 2020 E - 55 The Grantee shall retain such records for a period of seven (7) years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by WASPC, personnel duly authorized by WASPC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the seven (7) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Grantee shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Grantee shall provide right of access to its facilities to WASPC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. This access may be limited by the needs of criminal justice agencies to maintain compliance with their Criminal Justice Information Systems Security Policy. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, WASPC may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 31. SITE SECURITY While on WASPC premises, Grantee, its agents, employees, or Subgrantees shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBGRANTING/SUBGRANTING April 21, 2020 E - 56 The Grantee may only subgrant work contemplated under this Grant if it obtains the prior written approval of WASPC. If WASPC approves subgranting, the Grantee shall maintain written procedures related to subgranting, as well as copies of all subgrants and records related to subgrants. For cause, WASPC in writing may: (a) require the Grantee to amend its subgranting procedures as they relate to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or (c) require the Grantee to rescind or amend a subgrant. Every subgrant shall bind the Subcontractor to follow all applicable terms of this Grant. The Grantee is responsible to WASPC if the Subcontractor fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the liability of the Grantee to WASPC for any breach in the performance of the Grantee’s duties. Every subgrant shall include a term that WASPC and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subgrant. 33. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Grantee’s income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee. 35. TERMINATION – DISRUPTION IN FUNDING Subject to the availability of amounts appropriated for this specific purpose, WASPC will operate the Arrest and Jail Alternatives Grant Program pursuant to RCW 36.28A.450 and this agreement. In the event there is a disruption in the funding made available to WASPC for this program, WASPC reserves the right to terminate this agreement under Section 37 (Termination for Convenience) of the General Terms and Conditions listed herein. 36. TERMINATION FOR CAUSE In the event WASPC determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, WASPC has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, WASPC shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. April 21, 2020 E - 57 In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. WASPC reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by WASPC to terminate the Grant. A termination shall be deemed a “Termination for Convenience” if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of WASPC provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 37. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, WASPC may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, WASPC shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 38. TERMINATION PROCEDURES Upon termination of this Grant, WASPC, in addition to any other rights provided in this Grant, may require the Grantee to deliver to WASPC any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. WASPC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by WASPC, and the amount agreed upon by the Grantee and WASPC for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by WASPC, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of WASPC. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. WASPC may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect WASPC against potential loss or liability. The rights and remedies of WASPC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; April 21, 2020 E - 58 2. Place no further orders or subcontracts/subgrants for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to WASPC, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subcontracts/subgrants so terminated, in which case WASPC has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontractors/subgrants; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to WASPC and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to WASPC; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the Grantee and in which WASPC has or may acquire an interest. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of WASPC. April 21, 2020 E - 59 ATTACHMENT A SCOPE OF WORK Page 1 of 3 Statement of Work This Statement of Work (SOW) is between the Washington Association of Sheriffs and Police Chiefs (WASPC) and the City Port Angeles Police Department (PAPD). All terms, references, and abbreviations mentioned can be defined using the application submitted by PAPD. Effective Date: This SOW is effective and the funds made available to PAPD are available for expenditure on items and activities described herein as of April 13, 2020. Scope of Work: PAPD is required to implement the Arrest and Jail Alternatives (AJA) Program as described in their application that was received on January 30, 2020, with no unapproved substantive derivations. Requests for changes to this scope of work, or services laid out in the applicant’s application can be made to Steven Briggs, Programs Coordinator (WASPC) at sbriggs@waspc.org. During each of the four phases of implementation listed below, PAPD will be required to consult with the Law Enforcement Assisted Diversion National Support Bureau (LEAD NSB). These consultations shall be of an informative nature. While and recommendations made by LEAD NSB are to be seriously considered as improvements to PAPD’s program, these recommendations are not binding and ultimately, PAPD maintains final responsibility and accountability for their program and outcomes. This consultation does not create any requirement directing PAPD to report to LEAD NSB. This program shall include the following elements:  Employment of tools and strategies to accurately identify individuals with substance use disorders and other behavioral health needs who are known to commit frequent law violations, at or prior to the point of arrest, and immediately engage those individuals with appropriate community-based care and support services that have been proven to be effective for marginalized populations by experience or peer-reviewed research or that are credible promising practices; o These tools and strategies shall include:  The use of staff that have been trained in crisis intervention and outreaching to populations that may be experiencing a crisis, including those persons that may pose a risk to public safety or the personal safety of the worker;  Meeting the prospective participant is a safe location of their choosing;  Evidence-based social service practices that promote the client’s wellbeing and self-determination; and  When practical, safe and in the best interest in public safety; the utilization of an arrest and jail diversion approach to enforcement contacts made by law enforcement with actual and potential program participants.  Ongoing meaningful collaboration with community-based organizations whose social purpose area directly aligns with the goals of PAPD’s program; and  Active engagement at community meetings that are relevant to the program and its goals. This program must be managed to achieve expected outcomes that are measurable and will be used in the future to evaluate the performance under this grant and to ensure accountability for the use of this funding. The expected outcomes defined for the grant program are: April 21, 2020 E - 60 ATTACHMENT A SCOPE OF WORK Page 2 of 3  To reduce arrests, time spent in custody, and/or recidivism for clients served by the program;  To increase access to and utilization of nonemergency community behavioral health and/or substance abuse services;  To reduce the utilization of emergency services;  To increase resilience, stability, and well-being for clients served; and  To reduce costs for the justice system compared to processing cases as usual through the justice system. Per RCW 36.28A.450: “…grants awarded under this program are separate and distinct from grants awarded pursuant to RCW 36.28A.440 [Mental Health Field Response].” It is expected that PAPD and their contractors be able to delineate which of their clients is being served by the Arrest and Jail Alternatives program and which are being served by the Mental Health Field Response grant program at all times. Delivery Dates: PAPD shall complete the services and/or work on or before the delivery schedule below: Phase One - Upon Contract Execution  Continue services as existing with the REdisCOVERY program with no new services delievered under the Arrest and Jail Alternatives (AJA) grant program.  Begin development of client separation plan that allows for adequate tracking of those clients being served by the AJA grant program. This plan will need to be in effect before services provided are paid for using AJA grant funds. Phase Two - May 2020  Complete development of client separation plan that allows for adequate tracking of those clients being served by the AJA grant program.  New staff are hired and will begin training o Training must be relevant to the roles and described in PAPD’s grant application. Phase Three - June 2020  New staff begin providing services under the AJA grant program. Phase Four June 2020 – June 2021  Contract with tele-psychiatry provider to serve to clients provided receiving services funded by the AJA program. WASPC intends to maintain adherence with 5 CFR § 1320.5 (d)(2) whenever possible. There may however, be times where this will not be practical or in the program’s best interest. In this case, WASPC reserves the right to modify any and all aspects of the Recipient or Subrecipients reporting requirements. WASPC will be utilizing a third party data collection and case management system. Because this system is not yet in place and we understand that every community’s reporting needs will be different, PAPD’s April 21, 2020 E - 61 ATTACHMENT A SCOPE OF WORK Page 3 of 3 reporting requirements can be flexible, as full utilization of the system will allow for most elements of the required reports to be either automated or manually generated in little time. In the event that there is a change in the contract or program management staff paid for by this grant, it is expected that PAPD will notify WASPC of the change to include the name and contact information for the new staff member. If PAPD fails to perform to the standards set forth above, WASPC remains able to remedy noncompliance as outlined in the Special Terms and Conditions and General Terms and Conditions of this grant document, including provisions for recapture of funds already paid to the grantee. April 21, 2020 E - 62 ATTACHMENT B APPROVED GRANT BUDGET ATTACHMENT B APPROVED GRANT BUDGET Page 1 of 2 BUDGET Budget Line Item Awarded Funds 1. Salaries and Benefits $22,000.00 2. Services and Supplies $0.00 3. Professional Services/Public Agency Contracts $0.00 4. Community-Based Organization Contracts $327,031.00 5. LEAD NSB Technical Assistance $0.00 6. Data Collection $0.00 7. Fixed Assets/Equipment $0.00 8. Other (Travel, Training, etc.) $18,000.00 TOTALS $367,031.00 WASPC has made an award above the amount request by PAPD. WASPC has done this because we understand that training is a crucial part of ensuring that Arrest and Jail Alternatives programs are effective and are being set up for success. Another $2,000.00 per individual staff person has been added to your contract. It is our expectation that any person that will regularly come into contact with and provide AJA related services or coordination to any prospective or actual program participant reviece training relevant to their role in that person’s success. Any training must be approved by WASPC. WASPC reserves the right to deny training requests based on any factor we deem relevant. WASPC will be contracting directly with the Law Enforcement Assisted Diversion National Support Bureau (LEAD NSB) for the technical assistance that will be provided to you. Transfer of funds between line item budget categories must be approved by WASPC program staff. A cumulative amount of these transfers exceeding ten (10) percent of the total program budget shall be subject to justification and negotiation of an amendment by Grantee and WASPC. Requests for out-of-state travel must be pre-approved. Grant payments not to exceed a total amount of $367,031 US Dollars will be made via check by WASPC within 45 days of the receipt and approval of a valid invoice. The final invoice for costs incurred in the 2019-2020 state fiscal year should reach WASPC no later than July 15, 2020. Final payments by WASPC April 21, 2020 E - 63 ATTACHMENT B APPROVED GRANT BUDGET ATTACHMENT B APPROVED GRANT BUDGET Page 2 of 2 to PAPD for the 2019-2020 state fiscal year will be made by August 15, 2020. The final invoice for costs incurred in the 2020-2021 state fiscal year should reach WASPC no later than July 15, 2021. Final payments by WASPC to PAPD for the 2020-2021 state fiscal year will be made by August 15, 2021. Any amounts billed to Services and Supplies, Professional Services, Fixed Assets/Equipment, or Other must be substantiated with a description of the cost, its need and be accompanied by a receipt or other proof of payment that includes a listing of the items purchased and their cost per unit. All costs billed to this grant must comply with the restrictions set forth in 45 CFR § 96.135 and 2 CFR § 200. Travel expenses shall be reimbursed at a rate not to exceed the current state per diem rate for mileage, lodging, and meals while traveling in-state and the Federal General Services Administration rates when traveling out of state. Current rates for in-state can be accessed at http://www.ofm.wa.gov/resources/travel/colormap1016.pdf. Rates for out of state travel can be accessed at https://www.gsa.gov/travel/plan-book/per-diem-rates. April 21, 2020 E - 64 1 CITY OF PORT ANGELES PROFESSIONAL SERVICES AGREEMENT This Agreement is made by and between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington, hereinafter called "City," and Olympic Peninsula Community Clinic (OPCC), a Washington state Non-Profit Corporation, hereinafter called “Contractor.” IN CONSIDERATION of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties agree as follows: 1. Services: The Contractor shall supply to the City the services of contracted employees who have the skill, training, and competency to perform, to the satisfaction of the City, the scope of work contained in the Grant Agreement entered into between the City and the Washington Association of Sheriffs and Police Chiefs (WASPC) known as the 2020- 2021 Arrest and Jail Alternatives Grant Agreement, (‘WASPC Contract”), which WASPC Contract is attached hereto and incorporated herein by this reference 2. Term: This Agreement is effective immediately and shall remain in force and effect until June 30, 2021. 3. Compensation: The City shall pay Contractor the amount not to exceed $25,000 per month for each month during which the Contractor is in full compliance with the scope of work identified in paragraph 1 above. The amount shall be prorated for each month during which the Contractor is in partial compliance. In any event, total payment to Contractor for work performed in paragraph 1 above shall not exceed $327,031. An additional $18,000 is available for travel and training related to work performed in paragraph 1 above. 4. Independent Contractor Status: The relationship created by this Agreement is that of employer/independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor is an independent contractor and has the authority to control and direct the performance within the scope of services. The Contractor shall assume full responsibility for the payment of all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, social security, industrial insurance, and income tax. 5. Indemnification/Hold Harmless: The Contractor agrees to release, indemnify, defend, and save harmless the City, its officers, employees and agents from and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney’s fees, incurred by April 21, 2020 E - 65 2 the City, its officers, employees and agents in defense thereof, occurring or arising directly or indirectly on account of or out of act or omissions of the Contractor, its officers, employees and agents. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance: a. Term: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. b. No Limitation: The Contractor’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. c. Minimum Scope of Insurance: The Contractor shall obtain insurance of the types and coverage described below: 1) Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be as least as broad as Insurance Services Office (ISO)form CA 00 01. 2) Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3) Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4) Professional Liability insurance appropriate to the Contractor’s profession. d. Minimum Amounts of Coverage: The Contractor shall maintain the following insurance limits: 1) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. April 21, 2020 E - 66 3 2) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3) Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. e. Other Insurance Provision: The Contractor’s Automobile Liability and Commercial General Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. f. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. g. Verification of Coverage: The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. h. Notice of Cancellation: The Contractor shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. i. Failure to Maintain Insurance: Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. j. City Full Availability of Contractor Limits: If the Contractor maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor. 7. Authority: The Contractor does not have, and shall not hold itself out as having, authority to create any contract or obligation that is binding on the City. April 21, 2020 E - 67 4 8. Assignability: The Contractor shall not assign or transfer any interest in this Agreement or delegate any performance under this Agreement. 9. Employees of the Contractor: All services to be performed by the Contractor herein shall only be performed by the Contractor and not by City employees or others unless by specific written consent of the City. 10. Wage in Hours Law Compliance: The Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and any other laws affecting its employees, if any, and the rules and regulations issued there under insofar as applicable to its employees and shall at all times indemnify, defend and save the City free, clear and harmless, from and against any and all actions, claims, demands, expenses arising out of the Act or laws and rules and regulations that are or may be promulgated in conjunction herewith. 11. Equal Employment Opportunity: The parties shall conduct their business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 12. Audit: Contractor shall maintain its records and accounts so as to facilitate audits under State or Federal law and/or the requirements of the WASPC Contract. 13. Certification: Contractor certifies, by signing this Agreement that neither it nor its principals are presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 14. Conflict of Interest: Specific restrictions apply to the WASPC Contract in regard to current or former state employees pursuant to RCW 42.52. Contractor must identify any person employed in any capacity by the State of Washington that worked on the Office of Crime Victims April 21, 2020 E - 68 5 Advocacy program including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24-month period preceding the start date of this Agreement. 15. Lobbying and Disclosure: By signing this Agreement, Contractor certifies that is will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Grant, grant or other award covered by 31 U.S.C. 1352. Contractor must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. 16. Applicable Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington. 17. Termination: Either party may terminate this Agreement at any time, with or without cause, by giving written notice to the other party of such termination and specifying the effective date. In such event, Contractor shall be compensated, and City shall be liable only for payment of services already rendered under this Agreement prior to effective date of termination. 18. Entire Agreement: The parties agree that this Agreement is a complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement as of the date of the last signature written below. CONTRACTOR: Olympic Peninsula Community Clinic 819 E. Georgiana Street Port Angeles, WA 98362 BY: ____________________________ Date:___________________________ CITY OF PORT ANGELES 321 E. 5th Street Port Angeles, WA 93862 BY: ________________________________ Date:________________________________ APPROVED AS TO FORM: ________________________________ William E. Bloor, City Attorney ATTEST: ____________________________________ Kari Martinez-Bailey, City Clerk April 21, 2020 E - 69 6 April 21, 2020 E - 70 Date: April 21, 2020 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Pump Station 3 Control Panel, Purchase Contract Background / Analysis: Pump Station No. 3 and the corresponding 12-inch pressure sewer line were constructed in 1969 as part of the new cross-town collector system and the City’s first wastewater treatment plant. An increase in the number of customers and expansion of the service area have caused the discharge outflow to surpass the Pump Station’s original design capabilities. During the December 2018 windstorm event the Pump Station’s dry well flooded, submerging all equipment, rendering the Pump Station inoperable. A temporary fix was put in place; however, it requires on-going attention by City operations crews. Replacement of the pump station is essential to the efficient and reliable functioning of the City’s wastewater system. The replacement requires several separate steps and is being done by a multi-phase. The entire effort is necessary to eliminate wastewater overflows along Marine Drive. The contract that is the subject of this action is the next element in the multi-phase plan to rebuild Pump Station 3. Bids for the purchase of the pump station control panel were received on April 8, 2020, three control system manufacturers submitted bids for the equipment purchase. Quality Controls Corporation, of Lynnwood, Washington was the low responsible bidder. Summary: The purpose of this memo is to receive City Council approval to purchase a pump station control panel for the Pump Station 3 Replacement. Located at the base of Hill Street, Pump Station 3 experienced catastrophic failure during the December 2018 windstorm event. Since then, City Operations crews have been keeping the station operable by implementing a series of work-around fixes and a multi- phase plan to renovate the pump station. This action is an essential part of that multi-phase plan. Bids were received on April 8, 2020 for the purchase of a Pump Station Control Panel. Three manufacturers submitted bids with Quality Controls Corporation, of Lynnwood, Washington the low responsible bidder. Proclamation 20 28: The action recommended in this memo is permitted under Proclamation 20-28 because the action is routine and necessary. It is necessary because it is the next required step in repairs to Pump Station 3 that began in 2019. Pump Station 3 is a critical component of the City’s wastewater system, the contract that is the subject of this action is essential for the repair and continued operation of the pump station. Funding: $872,300 is available for the full Pump Station #3 project (WW0308) in the Council approved wastewater capital budget (453-7488-594-6510). Recommendation: Award a contract to Quality Controls Corporation, of Lynnwood, Washington for the purchase of a Pump Station Control Panel at a price of $93,818.24 including tax and freight; and authorize the City Manager to sign the contract and make minor modifications if necessary. April 21, 2020 E - 71 The following table is a breakdown of bids received. Manufacturer Total Cost Quality Controls Corporation $93,818.24 Taurus Power & Controls, Inc $105,536.00 Technical Systems, Inc $120,680.00 Engineers Estimate $100,000.00 The pump station control panel has a fabrication lead time of approximately 10 weeks. Following fabrication and delivery, the new pump station control panel will be supplied to a separate contractor for installation. The Pump Station 3 replacement / installation contract is in development to facilitate the installation of the pump station control panel and other pump station equipment. The contract is expected to be advertised for competitive bidding in April 2020. Funding Overview: $872,300 is available for the full Pump Station #3 project (WW0308) in the Council approved wastewater capital budget (453-7488-594-6510). April 21, 2020 E - 72 Date: April 21, 2020 To: City Council From: Ken Dubuc, Fire Chief Subject: Clallam County Board of Health Grant Acceptance Background / Analysis: For a number of years, the Clallam County Department of Health and Human Services has sponsored a competitive grant program for the distribution of funding acquired through the 1/10th of 1% Hargrove Tax. The Hargrove Tax is intended for the support of community behavioral health services. Recognizing that almost all of the patient contacts made by the Community Paramedic have a behavioral health component, the Fire Department applied for funding assistance for the Community Paramedic program through this grant opportunity. After a competitive selection process, the grant request was approved, and the Department was awarded $98,500 – the total amount required to fund a Firefighter Paramedic position for one year. Unfortunately, filling Firefighter/Paramedic positions is extremely difficult in the current hiring climate. The Fire Department is currently working through the hiring process, and it is hoped that a Firefighter/Paramedic will be hired no later that June 1, 2020, enabling the Department to utilize at least half of the grant award. Funds that are not utilized will be returned to the County. The Department will be eligible to reapply for the grant for 2021. Funding Overview: There are no costs to the City associated with the acceptance of this grant agreement. Funding will be provided by Clallam County Department of Health and Human Services. Summary: The Fire Department has notified that it had been awarded a grant from the Clallam County Behavioral Health Department that will fund the Community Paramedic program through 2020. The intent of the grant is to improve behavioral health outcomes for the community by providing an increased level of health care, reducing emergency department visits, reducing calls to 9-1-1 and providing referrals to appropriate health care alternatives. Proclamation 20-28: The action recommended in this Memo is permitted under Proclamation 20-28 because staffing of emergency services is considered an essential activity during the COVID-19 pandemic. Funding: There are no costs to the City associated with the acceptance of this grant. The grant itself is funded through the 1/10th of 1% Tax (Hargrove Fund), and totals $98,500. Recommendation: Authorize the City Manager to sign the attached Clallam County Department of Health and Human Services grant agreement for the funding of a Community Paramedic position for calendar year 2020 and to make minor modifications as necessary. April 21, 2020 E - 73 - 1 - GRANT PROGRAM AGREEMENT BETWEEN Clallam County and The City of Port Angeles This Agreement (hereinafter “Agreement”) is entered into, and made effective, January 1, 2020 between CLALLAM COUNTY, STATE OF WASHINGTON (hereinafter referred to as the “County”), and the CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as the “City”) for the project described in this document and its attachments (herein called the “Project”). WHEREAS, in 2019 the Port Angeles Fire Department (PAFD) began a pilot Community Paramedicine program which utilizes the services of a Firefighter/Paramedic to proactively address health care issues within the community by providing medical and social referral services to at-risk persons throughout the community; and WHEREAS, the PAFD will continue the Community Paramedicine project throughout 2020, and WHEREAS, the PAFD has dedicated one, fulltime positioned Firefighter/Paramedic to staff the Community Paramedicine program; and WHEREAS, providing a fulltime Firefighter/Paramedic to the program has opened a position for an additional fulltime Firefighter/Paramedic within the PAFD; and WHEREAS, the County, via its Behavioral Health Fund has made available grants to fund health services throughout Clallam County, and WHEREAS, the County has reviewed and accepted the City’s request to fund the additional Firefighter/Paramedic position in the amount of $98,850.00; NOW, THEREFORE, the County and City do mutually agree to the following terms and conditions regarding the provision of County grant funds for the purpose of funding one fulltime Firefight/Paramedic position with the PAFD: 1. SCOPE OF SERVICES The City, via the PAFD, shall hire and train a fulltime Firefighter/Paramedic to perform the services listed in the attached Exhibit A. This fulltime Firefighter/Paramedic will be compensated at the amount listed in the Budget/Fee Schedule attached as Exhibit B. 2. BUDGET The County will reimburse to the City the amount of $98,850.00, for eligible incurred costs and expenses for the Project according to the budget shown on Exhibit B. Only the work that is outlined in Exhibit A will be eligible for reimbursement. 3. PAYMENT City shall submit invoices to the County for payment for work performed not more than one time per calendar month. Invoice shall include copies of receipts for eligible items. Invoices shall be in a format acceptable to the County. City will provide the County with a completed W-9. The County shall pay all invoices from City within 30 days of receipt of a properly completed invoice. Unless otherwise agreed to in writing by both parties, total reimbursement under this agreement, including labor and materials, shall not exceed the maximum sum of $98,850.00. 4. GENERAL CONDITIONS A. General Compliance. The City agrees to comply with all applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this agreement. April 21, 2020 E - 74 - 2 - B. Firefighter/Paramedic Not an Employee of the County. Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the County and the fulltime Firefighter/Paramedic employed via this Agreement. The City will pay all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, from the funds dispersed via this Agreement. C. Hold Harmless. The City agrees to defend, indemnify and hold harmless the County, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities whatsoever, which arise out of City’s performance or nonperformance of the services or subject matter called for in this agreement, except only such injury or damage as shall have been occasioned by the sole negligence of the County. D. Workers’ Compensation. The City will provide Workers’ Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. E. Funding Source Recognition. The City will ensure recognition of the roles of the County in providing services through this agreement. F. Modification, Termination, Sanctions and Renewal. Any change in the Agreement or its attachments shall be approved in writing by a representative from each party and documented as a written amendment before becoming effective. Either party may request that the Agreement terms be renegotiated when circumstances, which were neither foreseen nor reasonably foreseeable, arise during the period of performance of this Agreement. Such circumstances must have a substantial and material impact upon the performance projected under this Agreement and must be outside of the control of either party. Termination for Default: If the City 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 County may, by depositing written notice to the City in the U.S. Mail, terminate the Agreement, and at the County's option, obtain performance of the work elsewhere. If the Agreement is terminated for default, the City shall not be entitled to receive any further payments under the Agreement. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the City. The City agrees to bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County 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 City 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. Termination for Public Convenience: The County or City may terminate the Agreement in whole or in part whenever either party determines, in its sole discretion, that such termination is in the interests of that party. Whenever the Agreement is terminated in accordance with this paragraph, the City shall be entitled to payment for actual work performed for completed items of work. An equitable adjustment in the contract 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 either party at any time during the term, whether for default or convenience, shall not constitute a breach of contract by that party. Termination Due to Insufficient Funds: If sufficient funds for payment under this contract are not appropriated or allocated or are withdrawn, reduced, or otherwise limited, the County may terminate this Agreement upon five (5) days written notice to the City. No penalty or expense shall accrue to the County in the event this provision applies. Termination Procedure: The following provisions apply in the event that this Agreement is terminated: A. The City shall cease to perform any services required hereunder as of the effective date of termination and shall comply with all reasonable instructions contained in the notice of termination, if any. B. The City shall provide the County with an accounting of authorized services provided through the effective date of termination. April 21, 2020 E - 75 - 3 - C. If the Agreement has been terminated for default, the County may withhold a sum from the final payment to the City that the County determines necessary to protect itself against loss or liability. Nothing in this Agreement shall be construed to limit either party's legal remedies including, but not limited to, the right to sue for damages or specific performance should either party materially violate any of the terms of this Agreement. Failure to act on any default shall not constitute waiver of rights on such default or on any subsequent default. Any civil action brought by any party under or pursuant to this Agreement shall be commenced and maintained in the Superior Court of Washington, Clallam County. 5. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards. The City agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record Keeping. The City will maintain thorough records pertinent to the activities to be funded under this agreement. C. Access to Records and Retention. All such records and all other records pertinent to the work undertaken under this agreement will be retained by the City for all statutorily required periods of time, unless a longer period is required to resolve audit findings or litigation. D. Audits and Inspections. All City records with respect to any matters covered by this Agreement will be made available in accord with state and federal regulations. 6. PERFORMANCE WAIVER The County or City’s failure to act with respect to a breach of this Agreement does not waive any right to act with respect to subsequent or similar breaches. The failure of the parties to exercise or enforce any right or provision will not constitute a waiver of such right or provision 7. ENTIRE AGREEMENT This document states the entire agreement between the County and the City for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the County and the City with respect to this agreement. ................................................................................................................................................... IN WITNESS WHEREOF, the County and the City have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES: BOARD OF CLALLAM COUNTY COMMISSIONERS By: , City Manager By: , Chair Date: Date: Approved as to form: Attest: William E. Bloor, City Attorney Kari Martinez-Bailey, City Clerk Exhibits: A – Scope of Work – Firefighter/Paramedic Job Description B - Budget/Fee Schedule April 21, 2020 E - 76 - 4 - EXHIBIT A Job Descriptions 2.2 Firefighter/Paramedic 2.2.1 Nature of Work In addition to general duties and responsibilities of a firefighter, provides patient care and treatment in medical emergencies under the direct or indirect supervision of a physician and, in the event of life-threatening emergencies, on own initiative to the extent authorized by Clallam County ALS Protocols. 2.2.2 Reporting Relationships While providing emergency patient care and treatment, firefighter/paramedic is under the direct or indirect supervision of the Clallam County Medical Program Director. When not involved in providing emergency care, works under the general supervision of a superior officer. 2.2.3 Duties and Responsibilities a. Rides or drives medic vehicle in response to emergency calls; physically examines and takes history of victim; formulates a plan of treatment and performs therapeutic maneuvers in accordance with standing orders; transports to hospital as required. b. Maintains emergency aid equipment; replenishes medications and supplies. c. BLS Evaluator, instructs CPR and EMT training. d. Makes public presentations regarding the Medic I program. e. Responds to fire emergencies in medic vehicle; works as a member of the engine or ladder company; provides rescue or aid to victims as needed; carries out ventilation procedures; performs salvage and other duties as required. f. Participates in firefighting training exercises and classroom sessions. g. Performs routine duties, including maintenance checks and minor repairs to apparatus, cleaning and maintaining station facilities. 2.2.4 Knowledge, Abilities and Skills a. Must be certified as a paramedic by the Clallam County Medical Program Director, and be a Washington State certified paramedic. April 21, 2020 E - 77 - 5 - b. Thorough knowledge of modern methods, principles, techniques and practices applied to firefighting, fire prevention, fire safety inspection, natural or man- made disasters, and related fields. c. Knowledge of and ability to competently use, operate, and maintain firefighting equipment and tools including trucks, ladders, hose, and heavy- duty fire apparatus. d. Knowledge of salvage and overhaul operations and methods. e. Ability to operate hand and power tools used in maintenance, construction, and demolition. f. Knowledge of traffic laws, ordinances, and regulations involving emergency vehicle operation. g. Ability to memorize the geography, street locations, locations of hydrants, buildings, and routes in the City of Port Angeles as well as individual characteristics of buildings including construction, hazards, and built-in protective devices. h. Ability to read and interpret maps, plans, and diagrams. i. Knowledge of the basic principles of building construction, building and fire codes, electricity, and chemistry including the hazardous chemical properties of a variety of materials. j. Ability to work in the face of real and potential danger. k. Knowledge of FCC radio communications rules and regulations. l. Ability to rapidly analyze dangerous situations and take reasonable course of action; reacting quickly and calmly and to recall facts and conditions observed while under severe physical and emotional stress. m. Ability to deal with the public courteously and effectively; i.e., enforce laws and ordinances with firmness, tact, and impartiality. n. Ability to maintain harmonious working relationships with supervisors, co- workers, and other City of Port Angeles employees. o. Ability to perform moderately complex mathematical computations. p. Ability to communicate effectively, both orally and in writing. 2.2.5 Position Requirements a. Must be a Washington State certified paramedic. Posses and maintain a valid Washington State driver's license. High school graduate or equivalent. April 21, 2020 E - 78 - 6 - b. Must attain IFSAC Firefighter II certification in order to be eligible for promotion to Top Step Firefighter/Paramedic. 2.2.6 Physical Requirements a. Ability to perform a variety of firefighting/paramedic skills and duties such as: Carrying and manipulating hose, ladders, monitors, and other firefighting equipment; lifting firefighting equipment and rescuing people. Climb ladders; extricate victims; operate light and heavy mechanical equipment. Ability to endure physical discomfort for long periods of time. Ability to meet physical requirements shall be determined by pre-employment testing, medical examination, and subsequent on-the-job performance. b. As a condition of employment, all firefighter/paramedics must be non- smokers at the time of hire and thereafter, on or off the job. April 21, 2020 E - 79 - 7 - EXHIBIT B BUDGET/FEE SCHEDULE January 1, 2020 - December 31, 2020 SERVICE MAXIMUM REIMBURSED BY COUNTY Salary for Firefighter/Paramedic $69,500.00 Benefits $29,350.00 TOTAL $98,850.00 April 21, 2020 E - 80 Date: April 21, 2020 To: City Council From: Thomas Hunter, Director, Public Works and Utilities Subject: Ranney Well and Support Building Re-Roof, CON 2020-12, Award Construction Contract Background / Analysis: The Ranney Well and Support Building roofs are leaking. Failure to replace the roof will result in structural damage to the buildings. The Ranney well and Support Building house and protect the City of Port Angeles’ Water Treatment Plant headwaters infrastructure. Pumps, motors, and electrical/instrumentation are contained inside. Summary: The purpose of this memo is to receive City Council approval for re-roofing the Ranney Well and Support Building. This includes removing the failing roofs and replacing both with a new Thermoplastic polyolefin (TPO) membrane. The contract includes roofing, flashing, decking material as needed, and addressing ponding issues common with flat roofs. The lowest responsive and responsible bidder was All Weather Roofing in the amount of $63,280.00. Support Building (Main) $38,325.00 Ranney Well Building (Additive) $24,955.00 Total $63,280.00 Proclamation 20 28: The action recommended in this Memo is permitted under Proclamation 20-28 because the action is routine and necessary. It is necessary because this facility is a critical component of the City’s water system, and the contract that is the subject of this action is essential for the repair and continued operation of the City’s domestic water system. The Ranney well and its supporting facilities are essential, indispensable elements of the City’s domestic water supply system. The Ranney well (800 sq. ft.) and Support Building (2,000 sq. ft.) house and protect the City of Port Angeles’ Water Treatment Plant headwaters infrastructure. Pumps, motors, and electrical/instrumentation are contained inside. Unfortunately, the Ranney Well and Support Building roofs are leaking. The heavy snow and rainfall of the past winter contributed significantly to the degradation of the roof. It is vitally important that the roofs be repaired immediately. Failure to replace the roof will result in structural damage to the buildings and ultimately damage the pumps, motors, and electrical/instrumentation that are crucial to the daily supply of water to residents and businesses of Port Angeles. Literally, the entire domestic water supply of the City is at stake. For that reason, it is now imperative that the repairs be done as soon as possible. Funding: Funding is available in the amount of $90,000 for project WT0118, Ranney Well Roof Budget (452-7388-594-6510). Recommendation: Approve and authorize the City Manager to award the base and additive bid and sign a construction contract with All Weather Roofing of Port Townsend, WA, for re-roofing the Ranney Well and Support Building in the amount of $63,280.00 including applicable taxes, and authorize the City Manager to make minor modifications if necessary. April 21, 2020 E - 81 The project was previously bid in June 2019 and received one bid in the amount of $177,332.40, this bid was rejected due to being significantly over the Engineering estimate. The City estimate for this project is $75,000 - $110,000. Notice of the new bid opportunity was advertised through the Municipal Research and Service Center Rosters on March 16, 2020 and posted to the City website. On April 2, 2020, five bids were received via electronic submittal and opened. All Weather Roofing of Port Townsend, WA is the apparent lowest, responsive, responsible bidder with a total bid amount of $63,280.00. The total bid amounts, including taxes, are tabulated in the following table: Funding Overview: Funding is available in the amount of $90,000 for project WT0118, Ranney Well Roof Budget (452-7388-594-6510). Manufacturer Certification Main Bid Additive Total All Weather Roofing X 38,325.00$ 24,955.00$ 63,280.00$ Titan Roofing X 46,112.50$ 29,837.50$ 75,950.00$ AGR X 74,279.10$ 29,718.15$ 103,997.25$ SQI X 96,502.07$ 41,870.15$ 138,372.22$ Spokane Roofing Company LLC X 112,330.05$ 54,152.35$ 166,482.40$ Engineers Estimate $75,000 - $110,000 April 21, 2020 E - 82 Date: April 21, 2020 To: City Council From: Ken Dubuc, Fire Chief Subject: Interlocal Agreement for Firefighter Backfill Background / Analysis: Due to the nature of the job, first responders are in a position where they could potentially be exposed to patients who have the COVID-19 virus. In order to protect themselves, their co-workers and other patients, first responders may need to be quarantined or isolated for a number of days after an exposure event. It would not take many of these exposure events to significantly impact the ability of a fire department to meet minimum staffing levels utilizing existing personnel resources. In order to address potential staffing shortages, an interlocal agreement has been drafted that allows local fire departments to request assistance from each other in order to provide qualified personnel who can temporarily backfill open positions. Personnel voluntarily filling these roles would remain employees of their respective agency, however they would work under the supervision of the hosting agency. It is hoped that this interlocal agreement will not be needed, however it is prudent to have the agreement in place ahead of time so that the backfill process can be expedited if need be. This ILA is in addition to pre-existing resource sharing mutual aid agreements that have existed for decades. This interlocal agreement has been reviewed and approved by the City of Port Angeles Legal Department. Funding Overview: There are no costs associated with this interlocal agreement. Personnel in a backfill position would be compensated by their respective agency, and the agency requesting assistance would be billed to cover all personnel costs associated with the backfill. This agreement may result in revenues or expenditures depending upon whether the Department is providing or receiving services. Summary: The COVID-19 pandemic could potentially impact staffing levels of local fire departments, resulting in the need for affected departments to put out a request for personnel assistance from neighboring agencies. In order to prepare for such an event, an interlocal agreement has been drafted that enables backfill coverage of personnel between cooperating agencies. Initial cooperating agencies are Clallam County District 3 (Sequim) and Clallam County District 2 (Surrounds Port Angeles). Proclamation 20-28: The action recommended in this Memo is permitted under Proclamation 20-28 because emergency services are considered an essential activity during the COVID-19 pandemic. Funding: There are no costs associated with this interlocal agreement. Personnel filling backfill positions will be paid by their respective agencies, and the requesting agency will be invoiced to cover all costs associated. This agreement may result in revenues or expenditures depending upon whether the Department is providing or receiving services. Recommendation: Authorize the City Manager to sign the attached interlocal agreement for firefighter backfill and make minor modifications as necessary. April 21, 2020 E - 83 1 Firefighter Backfill Interlocal Agreement This Firefighter Backfill Interlocal Agreement (the “Agreement”) is entered into between the undersigned fire protection districts for the purpose of backfill firefighter coverage between the parties when necessary to address the impacts of the Covid-19 pandemic. RECITALS 1. This agreement is entered into under the authority of RCW 52.12.031 and in conformity with chapter 39.34 RCW, the Interlocal Cooperation Act. In all respects, the Parties shall be deemed to be acting in their governmental capacities in the performance of this Agreement. 2. Each party to this Agreement maintains and operates their own fire departments to provide fire protection, fire suppression and emergency medical services in their respective areas. 3. Each party occasionally experiences circumstances that result in unpredicted and unanticipated administrative short term firefighter shortages; 4. The Parties believe that establishing a framework for providing a shared approach to firefighter backfill needs is part of an appropriate response to these circumstances that will directly benefit the employees and taxpayers of all parties.. AGREEMENT To carry out the purposes of this Agreement and in consideration of the benefits to be received by each party, it is agreed as follows: 1. Scope of Agreement 1.1. General. The scope of this Agreement authorizes the fire chiefs of the signatory agencies to work cooperatively to provide backfill Firefighter coverage for other signatory agencies when the agency cannot do so within its own organization. 1.2. Definitions. 1.2.1. "HOME AGENCY" – referring to the employee's actual employer 1.2.2. “HOST AGENCY” – referring to the agency in need of coverage. 1.2.3. "TDA" - Temporary Duty Assignment agency (ex. EJFR employee is on TDA to PLFR). 1.2.4. "Firefighter" – refers to either a Firefighter, Lieutenant, or Captain (including EMT’s and Paramedics) 1.3. Requests For TDA. 1.3.1. When a HOST AGENCY has exhausted its internal overtime call-back process, the HOST AGENCY may contact the Fire Chief or designee of any Party to this Agreement and request that the Party attempt to fill the vacancy. April 21, 2020 E - 84 2 The designated representative will receive the request and follow the HOME AGENCY overtime callback policy, procedure, and Collective Bargaining Agreement, excluding the forced hiring of personnel to fill a HOST AGENCY TDA request. Assignment of a HOME AGENCY Firefighter to a TDA shall be in the sole discretion of the HOME AGENCY. 1.3.2. In the event a TDA request is filled and the HOME AGENCY must force hire/mandatory a position that the TDA employee can fill, the TDA request will be retracted and the TDA employee will return to their HOME AGENCY to negate the force hire/mandatory situation. 1.3.3. A TDA request may be for 24 hours or fewer. If needed, a request can be greater than 24 hours, but will be dependent upon HOME AGENCY’S work requirements, policies, standard operating guidelines, Collective Bargaining Agreement and the HOST AGENCY’s operational needs. 1.3.4. HOME AGENCY personnel scheduled to work at their respective department the day following their HOST AGENCY shift shall be released from the HOST AGENCY no less than 1 (one) hour prior to their HOME AGENCY shift start time, unless otherwise authorized by the HOME AGENCY’S Fire Chief or designee. It is also understood that the HOME AGENCY Firefighter may be delayed in returning to their agency by unforeseen circumstances, including but not limited to completing a patient transport, the Hood Canal Bridge being closed to vehicle traffic or other exigent circumstances. In the event of a known delay, the HOME AGENCY Firefighter shall be released to allow adequate time for the Firefighter to arrive at their HOME AENCY prior to the start of their shift. 1.4. Employment Status. Firefighters working back-fill on a TDA shall remain employees of the HOME AGENCY, shall not be considered employees of the HOST AGENCY and shall be "on the clock," including all insurance and benefits for any hours worked on a TDA not including travel time. 1.5. Firefighter Compensation. Firefighters on a TDA shall receive all their benefits and regular overtime compensation from their HOME AGENCY as established by the current labor agreement of their HOME AGENCY. 1.6. Equipment and Supplies. Firefighters on a TDA shall utilize HOME AGENCY assigned NFPA and WAC-compliant PPE. In circumstances where an employee's PPE is damaged beyond normal wear and tear while working for the HOST AGENCY, the HOST AGENCY shall reimburse the HOME AGENCY for the cost of cleaning, repair, or replacement of such items. Other equipment and supplies shall be provided at no cost by the HOST AGENCY. 1.7. Supervision. The HOST AGENCY Fire Chief, or designee will be primarily responsible for supervising the Firefighter when working for the HOST AGENCY. Provided, however, if the HOST AGENCY believes disciplinary action is April 21, 2020 E - 85 3 necessary, the HOST AGENCY shall refer such action to the HOME AGENCY with appropriate documentation of the conduct supporting discipline. The HOST AGENCY shall retain the right to remove the TDA firefighter from a scheduled shift if the HOST AGENCY believes removal is in the best interest of HOST AGENCY. 1.8. Medical Protocols/PPE. As this agreement crosses County Health jurisdictions, and is being entered into based on a Nationally Declared Public Health Emergency – 2019 Novel Coronavirus Outbreak (COVID-19), the HOST AGENCY agrees to allow the TDA employee to follow their HOME AGENCY’s guidelines/protocols for COVID-19 prevention/protection. If the TDA employee utilizes PPE provided by the HOME AGENY that is equal to or greater than that utilized by the HOST AGENCY, the HOST AGENCY agrees to allow the TDA employee to use such PPE at the HOME AGENCY’s expense. Otherwise, the TDA employee will utilize the PPE provided by the HOST AGENCY. 2. Payment to HOME AGENCY. The HOME AGENCY shall invoice the HOST AGENCY the total cost for the HOME AGENCY Firefighter hours worked on a TDA including backfill costs calculated in a manner consistent with the Washington State Fire Service Resources Mobilization Plan. The invoice shall include all salary and employment tax obligations to include, but not be limited to: Social Security, Medicare, Labor and Industries, LEOFF Retirement, etc. The intent is to alleviate any financial burden or impacts on the HOME AGENCY of providing an employee for a TDA. The HOST AGENCY shall pay invoices within 30 days of receipt. 3. Term. The term of this agreement shall be effective from the last date of signature below, and automatically expire when firefighter backfill needs directly associated to the pandemic are no longer needed. Any party may withdraw from this Agreement with 14 days advance written notice to the other parties. 4. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its Board members, Firefighters, employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys’ fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. No party hereto shall be deemed an agent of any other party, and each party assumes liability for its own negligence, errors and omissions. 5. Insurance. Each party shall provide insurance coverage for its own operations, facilities, equipment and personnel. Each party shall furnish to the other party appropriate documentation showing that such coverage is in effect. April 21, 2020 E - 86 4 6. Dispute Resolution. 6.1. If the parties are unable to resolve a dispute regarding this Agreement through negotiation, either party may demand mediation through a process to be mutually agreed to in good faith between the parties within 30 days. The parties shall share equally the costs of mediation and each party shall be responsible for their own costs in preparation and participation in the mediation, including expert witness fees and reasonable attorney’s fees. 6.2. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute then, within 30 calendar days, either party may submit the dispute to arbitration according to the procedures of the Superior Court Rules for Mandatory Arbitration, including the Local Mandatory Arbitration Rules of the County Superior Court of the HOME AGENCY, as amended, unless the parties agree in writing to an alternative dispute resolution process. The arbitration shall be before a disinterested arbitrator selected pursuant to the Mandatory Arbitration Rules with both parties sharing equally in the cost of the arbitrator. The location of the arbitration shall be mutually agreed or established by the assigned Arbitrator, and the laws of Washington will govern its proceedings. The prevailing party in the arbitration, shall be entitled to its reasonable attorney fees and costs including expert witness fees. 6.3. Following the arbitrator’s issuance of a ruling/award, either party shall have 30 calendar days from the date of the ruling/award to file and serve a demand for a bench trial de novo in the HOME AGENCY’S County Superior Court. The court shall determine all questions of law and fact without empaneling a jury for any purpose. If the party demanding the trial de novo does not improve its position from the arbitrator’s ruling/award following a final judgment, that party shall pay all costs, expenses and attorney fees to the other party, including all costs, attorney fees and expenses associated with any appeals. 6.4. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive and final remedy to or for either party for any dispute regarding this Agreement, and its interpretation, application or breach, regardless of whether the dispute is based in contract, tort, any violation of federal law, state statute or local ordinance or for any breach of administrative rule or regulation and regardless of the amount or type of relief demanded. 7. Miscellaneous 7.1. Administration. This Agreement shall be administered by the Fire Chiefs of the parties. 7.2. Non-Waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances, April 21, 2020 E - 87 5 shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. 7.3. Assignment. Any assignment of this Agreement by either party without the prior written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 7.4. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party and subject to ratification by the legislative body of each party. 7.5. Entire Agreement. The written terms and provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior communications, negotiations, representations or agreements, either verbal or written of any officer or other representative of each party, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. 7.6. Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. 7.7. Notice. All communications regarding this Agreement shall be sent to the Fire Chief of the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective upon personal service or three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 7.8. Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. 7.9. No Agency and Listing. No agency is created by this Agreement and no property shall be exchanged pursuant to this Agreement. This Agreement shall be listed by subject on the websites of each party hereto (if the party maintains a website). 7.10. Governing Law. This Agreement shall be governed by Washington law. 7.11. Non-Exclusive Agreement. The parties to this Agreement shall not be precluded from entering into similar agreements with other municipal corporations. April 21, 2020 E - 88 6 7.12. Counterparts. This Agreement may be executed in counterparts, i.e. at separate times and in separate places, and a copy of this Agreement shall be deemed as valid as any original. Signature Pages Follow: April 21, 2020 E - 89 7 CLLALLAM COUNTY FIRE PROTECTION DISTRICT NO. 3 By: DATE: NOTICES TO BE SENT TO: _______________________________ _______________________________ _______________________________ By: DATE: NOTICES TO BE SENT TO: _______________________________ _______________________________ _______________________________ By: DATE: NOTICES TO BE SENT TO: _______________________________ _______________________________ _______________________________ By: DATE: NOTICES TO BE SENT TO: _______________________________ _______________________________ _______________________________ By: DATE: NOTICES TO BE SENT TO: _______________________________ _______________________________ _______________________________ By: DATE: NOTICES TO BE SENT TO: _______________________________ _______________________________ _______________________________ April 21, 2020 E - 90 Date: April 21, 2020 To: City Council From: Nathan West, City Manager Subject: COVID-19 Health Emergency – Wavier of Interest & PBIA Fees Background / Analysis: On March 17, 2020 I issued a declaration of emergency that was ratified by City Council later that day. The declaration recognized the COVID-19 health pandemic and the economic conditions associated with necessary business closures. As ratified by Council the declaration authorizes the City Manager to: “develop and implement creative solutions to provide relief to those impacted by the economic implications as deemed fiscally and legally appropriate.” On Friday April 10th, I issued an order to implement two additional elements of economic relief including waiver of fees and interest. That order is attached to this memorandum. The first element directs that interest for the month of March on all City accounts receivable be waived. A second element of the order waives section 3.72.030 of the Port Angeles Municipal Code for the second quarter of 2020. Specifically, this waives the PBIA assessment fees for Downtown businesses. Staff recommends that City Council pass the attached resolution ratifying the order issued by the City Manager. Funding Overview: The City waived the Port Angeles PBIA dues for the second quarter of 2020, in the amount of $8,500. Interest on all accounts receivable for the month of March was also waived in efforts to reduce the financial burden felt by City business and residents. Summary: In recognition of the emergency situation regarding the COVID-19 health pandemic and the economic conditions associated with business closures it is necessary to provide additional relief to local businesses and residents. Further relief has been provided through a City Manager issued order waving the interest on all accounts receivable for the month of March and wavier of second quarter Parking Business Improvement Area Fees (PBIA). Council is being asked to ratify that order. Funding: The City waived the Port Angeles PBIA dues for the second quarter of 2020, in the amount of $8,500. Interest on all accounts receivable for the month of March was also waived in efforts to reduce the financial burden felt by City business and residents. Proclamation 20-28: The action recommended is considered necessary to respond to the COVID-19 Health Emergency Recommendation: Pass Resolution. April 21, 2020 H - 1 April 21, 2020 H - 2 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, affirming and ratifying the Emergency Declaration Order issued by the City Manager on April 10, 2020. WHEREAS, on March 17, 2020 City Manager NATHAN A WEST issued a Declaration of Emergency recognizing the health pandemic and dire economic situation created by COVID- 19 ; and WHEREAS, on April 10, 2020, the City Manager signed an Emergency Declaration Order declaring all actions taken under the March 17, 2020 Declaration of Emergency to continue in full force and effect; and WHEREAS, on April 10, 2020, the City Manager declared all interest for the month of March on all City accounts receivable to be waived; and WHEREAS, on April 10, 2020, the City Manager recognizing the current emergent situation, waived section 3.72.030 of the Port Angeles Municipal Code for the second quarter of 2020, therefore waiving second quarter 2020 Parking Business Improvement Area (PBIA) assessment fees; and WHEREAS, the Council has reviewed the facts and circumstances that prompted the Emergency Declaration Order; and WHEREAS, the Council hereby finds that the facts recited in the Order are true and correct. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles: 1. The Council finds and declares an Emergency exists; and 2. The Council affirms and ratifies (1) the Emergency Declaration Order issued by the City Manager on April 10, 2020, and (2) all actions authorized by that Order. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of April, 2020. April 21, 2020 H - 3 _______________________________ Kate Dexter, Mayor ATTEST: _______________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _______________________________ William E. Bloor, City Attorney . April 21, 2020 H - 4 Date: April 21, 2020 To: City Council From: Nathan West, City Manager Subject: Council Update Background / Analysis: The following updates are provided as my informational report to Council. They have been reduced to writing in recognition of the Governor’s Proclamation 20-28. Proclamation 20-28 continued As noted on the April 7, 2020 agenda, the City Council meeting was conducted under the criteria of Governor Inslee’s Proclamation 20-28. This Proclamation suspends and limits portions of the Open Public Meetings Act (OPMA). Among other things, the proclamation temporarily suspends the requirement that the City provide a physical location and prohibits the attendance of meetings in- person. Each City Council member, staff members, and members of the public must participate in the meeting from separate locations via conference call or by webcast. The Proclamation also limits the subject matter that may be considered at the meeting. As a result, some of our “routine” agenda items must be deleted from this meeting. Specifically, the Proclamation temporarily suspends the ability of the City Council to take “action,” unless the action concerns matter(s) that are 1) “necessary and routine” or 2) necessary to respond to the virus. The Attorney General has advised that “necessary” means “required to be done or essential.” Using this meaning, one can conclude that our typical Council agenda includes many items that are routine, but few items that are necessary. As examples, our usual Council agendas often include ordinances, contracts, resolutions, informational presentations, and reports from the City Manager, committees, Dept. Directors, and Council. All of these are routine, but in most instances they are not necessary. We have carefully considered the Governor’s Proclamation as well as the guidance provided by the Attorney General. As with the April 7 Council packet, you again will see throughout the packet, special attention to these recommendations. I have reduced my verbal City Manager Information report to writing to ensure I am respectful of this order. Again, we are asking that any Council reports be provided Summary: The following updates are provided as information to Council. Funding: N/A Recommendation: For information only. April 21, 2020 L - 1 in writing in advance of the meeting. Council reports will become a part of the final packet. We are recommending that any necessary reports be provided in writing or that reports be postponed to the May 5th Council meeting after the expiration of the Governors Order. During the April 7th Council meeting City Council did agree to allow any Council member to provide a verbal report on any item necessary to respond to the COVID-19 emergency. Request for Expansion of the Governor’s Moratorium on Eviction On Monday April 13th the Mayor and I signed a letter to the Governor requesting an expansion of his moratorium on eviction. The letter was also sent via email to the Governor, his Regional Representative and one of his Senior Policy Advisors. A brief email response was provided and indicated the letter was passed along to those individuals working on the issue for the Governor. The letter requested an expansion to prohibit eviction by commercial landlords, prohibition of accumulation of fees/interest charges by landlords, and requested a requirement for long term payment plan options that extend beyond the moratorium for past due amounts. The letter has been attached to this memorandum. Utility Relief and Rental Assistance Update To date the City has received 115 applications for utility bill relief and rental assistance. $13,200 has been paid to residents toward rental assistance and $16,280 has been credited to residential and business utility bills. This information is up-to-date as of this morning, April 16, 2020. Since then a small handful of applications have been received and are pending processing. Customer Service has done an excellent job keeping up with applications, and all credits and rental assistance processing is completed daily to provide citizens with relief as timely as possible. Utility bill relief credits are applied daily and rental assistance checks are processed each Friday and mailed to the applicant on the same day. In addition, to date the City has also received $622.00 in donations from Port Angeles citizens wishing to help during this time of need. This assistance is greatly appreciated. PBIA Fees Waived for the Second Quarter Recognizing the substantial need in the City's business community that has resulted from the financial implications of the COVID-19 virus I issued an order to waive the Port Angeles Parking Business Improvement Association (PBIA) dues for the 2nd quarter of 2020. Barring any continued financial burden placed on businesses as a result of the emergency situation in the 3rd quarter of the year regular billing will resume. Interest Waived on all Accounts Receivable To remain consistent with the financial help being offered to utility customers by the City any interest incurred for the month of March on accounts receivable will also be waived. We hope these actions will help alleviate the burden many of our businesses and citizens are facing at this time. Please direct any questions regarding these changes, or the inability to pay billing requests, to finance@cityofpa.us. Businesses in need of Utility Assistance On Wednesday the Clallam County Economic Development Council (EDC) reached out asking for us to compile a list of businesses in need of utility assistance. The Finance Department compiled that list resulting in over 40 businesses being contacted by City staff referring them to the Working Washington Grant application being administered by the Clallam County Economic Development Council. The grant April 21, 2020 L - 2 also covers business’ utility costs. The State has appointed the EDC to the selection role for this grant opportunity. The EDC has created a panel of local representatives to review these applications. The EDC sought a non-governmental City representative. Staff provided John Brewer as our representative since he was appointed by City Council to review economic development applications on the Clallam County Opportunity Fund Board. The Working Washington Grant opportunity closed on Wednesday April 15th. City applicants were provided a reminder prior to the deadline. Legislative Priorities Follow Up Several follow up efforts have been completed regarding City Council’s three legislative priorities. Meetings with the offices of U.S. Senators Cantwell, Murray, and Representative Kilmer have been completed with all three legislative priorities having been clearly communicated to each. Multiple meetings have occurred with both Representative Kilmer’s Office and Senator Cantwell’s Office. Regular updates have been requested from each office and City testimony or written support has been offered if we as a City can assist with that support. Senator Cantwell’s Office confirmed that $7.7M in Community Development Block Grants (CDBG) will be provided to Washington State for non-entitled communities such as Port Angeles. Representative Kilmer’s office has been working hard to ensure local governments receive stabilization funding in the next round of federal stimulus. Staff also met with Washington State Department of Commerce to discuss distribution of the $7.7M in CDBG funds. The State has indicated that they have not yet received the money, but, are in the process of preparing a very simple application process. They estimate it will take six weeks before funds are distributed to local governments. The $7.7M is to be distributed among 200 local governments in the State. That said they are working on eligibility criteria to ensure those with the greatest need receive the most funds. The State fully understands our local need and has indicated a willingness to model portions of the program after needs similar to a community such as Port Angeles. As a follow up to the Bonneville Power Administration legislative priority, the Mayor and I sent a combined message of urgency requesting their help to meet community needs for utility relief. We expect a response prior to the date of this meeting. Funding Overview: N/A April 21, 2020 L - 3 April 21, 2020 L - 4 JAN FEB MAR Total NEW CONSTRUCTION    0000 $0.00 $0.00 $0.00 ‐$                 REPAIR AND ALTERATION 5 10 9 24 $157,810.00 $90,559.00 $63,649.00 312,018$        NEW CONST.    0101 $0.00 $895,555.00 $0.00 895,555$        REPAIR AND ALTERATION 0 0 0 0 $0.00 $0.00 $0.00 ‐$                 NEW CONSTRUCTION    0 ‐$                 REPAIR AND ALTERATION 0 1 1 2 $0.00 $24,000.00 $395,000.00 419,000$        NEW MULTI FAMILY         0000 $0.00 $0.00 $0.00 ‐$                 NEW MANUFACTURED HOME    0000 $0.00 $0.00 $0.00 ‐$                 NEW SINGLE FAMILY RESIDENCE  1225 $410,000.00 $844,620.00 $328,818.00 1,583,438$     NEW ACCESSORY STRUCTURE  0112 $0.00 $36,720.00 $25,000.00 61,720$           REPAIR AND ALTERATION 39 47 24 110 $342,646.00 $314,471.00 $170,281.00 827,398$        1023 $0.00 $0.00 $27,000.00 27,000$           Total:46 62 39 147 $910,456.00 $2,205,925.00 $1,009,748.00 4,126,129$     3069 DEMOLITION AND MOVING     CERTIFICATES OF OCCUPANCY Public 2020 Building Permit Issuance Report  Comm.  Ind.  Res. April 21, 2020 L - 5 Council Reports April 21, 2020 Kate Dexter, Mayor - April 21, 2020 The last couple of weeks have been more eventful than many. It was with sadness that I read of Ted Miller’s passing. Ted was the Deputy Mayor of Sequim and I served with him on the Clallam Transit Board. Ted was kind and thoughtful and he will be missed. Electronic cards have been sent to Ted’s family and to the Sequim City Council on behalf of the Port Angeles City Council. The City Manager and I sent a letter, at the direction of council, to Governor Inslee requesting an extension of the eviction moratorium as well as a prohibition against late fees and other fines. The letter is included in the council packet. The good news is that he did extend and prohibited fees, etc. This is good news for the renters in our community. He did include some protection for commercial renters as well, and I think there is still room for improvement. These are great steps to help our residents. We need to stay mindful of the need for ongoing financial support and pay close attention to assure that we do not end up with homeowners and renters facing financial cliffs when things reopen. Last week we were able to meet with Senator Cantwell’s aid to share with him our concerns for both our community members and the city’s bottom line. As anticipated we are quickly using up the money we allocated for utility and rent relief. We also have a lot of people that rely on us to provide a variety of services and if revenue from sales tax and property tax dries up we are going to have a harder time doing those things in the way we feel best about. We are hoping for funds both for us to continue to distribute as well as funds to help support the city itself. Money has been allocated but it is still unclear what mechanisms are in place to ensure fair and just distribution to municipalities. According to her staff the Senator has co-sponsored (or joined) a bill which would include the sort of help we are seeking. This afternoon we will meet with Senator Murrays office to discuss similar issues. We are grateful for the support of both sentanors and Congressman Kilmer. Their teams are working hard to help us through this. At the state level, we are so pleased with the Governor’s decision to extend the moratorium on evictions and that he included fees in this. Council sent a clear message about the importance of working to keep people housed and it is encouraging that this message was heard. We know that this is starting to feel long and are encouraged by talks at the state level about how to successfully re-open. I hope that considerations will be made for the differences between rural areas and urban areas. I know that people want to get back to work and that it is becoming more and more difficult for small businesses. Remember that the city has established a utility relief fund which is available for commercial customers as well as residential. Please continue to stay home as much as possible, and remember to be kind to each other. Thank you to everyone for your hard work to get us through this. We live in a great community full of great people doing great things. Thank you! Navarra Carr Council Report 04-21-20 This last month has shown once again the resiliency of our community. Even when we are facing a crisis, our community shows its best self to support one another, be compassionate, and find hope. I’m so grateful for all our essential workers, and I know that words are not enough to support you at this time. We must do better to treat our essential workers with the respect they deserve through policy changes at all governmental levels that do more to protect the folks on the front lines. Thank you for the work you do. I did help serve lunches at Food Not Bombs this month. It was good to see that folks are continuing to have a safety net and food resources, especially during a time where unemployment and food insecurity has risen to staggering numbers, and where more folks and organizations are strapped for resources. I brought some applications for the City’s rent & utility assistance program, because with the library closure, there are no publicly available computers and printers. My hope is that the folks who are most in need of assistance are able to get it. I’m encouraged that this week is Earth Week, and the 50th Anniversary of Earth Day. I’ve been reflecting on my choices, hoping to be making choices that benefit our planet. It’s encouraging seeing the aerial maps of areas that are usually covered in smog, and how our air is becoming cleaner the more we are forced to stay home. Especially with everything going on in the world, I encourage folks to join the community in a virtual celebration of Earth Week. Thank you to the organizers, organizations, and community members participating in the 50th Anniversary of Earth Day and Earth Week. Unfortunately, in the last month, the NODC meeting for March was canceled, as was the official April Board of Health meeting, which usually happens today (the 3rd Tuesday). NODC meets this coming Thursday, and the Board of Health is meeting on the 29th for a special meeting. I’ll be excited to share more about each at our next meeting. From:Mike French To:Kari Martinez-Bailey Subject:Council Report Date:Tuesday, April 21, 2020 10:31:06 AM Mike French Council Report Most of my meetings these last few weeks have been with the Chamber of Commerce and its various committees, including multiple Recovery Committee meetings, a Finance Committee meeting, and an Emerging Opportunities Committee meeting. Our Recovery Committee has been planning for the eventual recovery phase of this crisis, in which we hope to have a safe community-focused gathering and celebration on July 4th (or later in the summer if that isn’t possible). We also had a productive Q&A with Congressman Derek Kilmer, and then last week had a really great open-ended conversation about issues and concerns around re-opening businesses. Managing our community’s feelings around tourism remains a large concern - we as a business community want to be safe and responsible (ideally by following our Health officials’ guidelines) but when tourism-related businesses do reopen we don’t want them to be a focus of misplaced outrage from locals who don’t feel that it’s safe yet. I feel that when that time comes it’ll be important for the City to use positive messaging around safe, responsible tourism to support our local businesses. Our Finance Committee meeting involved the suggestion that our Executive Director create a new budget for this year, something I’m sure many companies and non- profits are doing right now, as our adopted 2020 budget was just not going to be workable anymore. But thanks to the City’s support of the Chamber through the Visitor Center contract, the Chamber is still solvent and will likely survive this with enough capacity to be actively involved in the economic recovery. As exciting and productive as our weekly Recovery Committee meetings are, I was more excited about our Emerging Opportunities Committee meeting - it was great to be involved in a meeting that wasn’t focused around the COVID-19 crisis. We had discussions about long-term projects and ideas about Port Angeles, and I’m sure there will be issues I’ll bring back to the Council in the future that were directly impacted by that meeting. The one I will mention today is concerns about noise issues relating to truck traffic downtown - obviously this could involve a large scale, long term solution rerouting truck traffic, but there might be shorter term, smaller scale solutions involving how our crosswalks are constructed that we could consider. I also had some discussions both at the Chamber and with City staff about our Lodging Tax Fund/grants and how we’re responding to this crisis (as many events that were granted money will be canceled, postponed, or significantly changed) and I would say that I’m confident in the approach we’ve taken - I did hear from at least one grantee that they were pleased with the flexibility they were given and they had positive things to say about their interactions with our staff regarding their event cancellation. It’s important to respond to crises, but it’s just as important to maintain a healthy fund balance so that when tourism is opened up again (in a safe/responsible way) we are able to make large financial infusions into this sector to create room-nights again.