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HomeMy WebLinkAboutCouncil Packet 10/20/2020 OCTOBER 20, 2020 City of Port Angeles Council Meeting Agenda Amended Additional information on attendance of this meeting will be found at www.citofpa.us This meeting will be held virtually The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break.Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order—Special Meeting at 5:00 p.m.—A closed Executive Session, under authority ofRCW 42.30.110(1)(i) to discuss potential litigation with legal counsel. Call to Order—Regular Meeting at 6:00 p.m. B. Roll Call,Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Resiliency Awareness Month Proclamation 2. Arbor Day Proclamation C. Public Comment The City Council desires to allow the opportunity for Public Comment.However,the business of the City must proceed in an orderly, timely manner.Written public comment can be submitted to:council&cityfpa.us,comments will not be read aloud but will be made a part of the record. To provide pre-recorded messages to the City Council by phone,please call 360-417-4504. Messages received will be provided to Council.These messages will be made a part of the record.Comments should be received by 2:00 pm.Tuesday, October 20,2020. To call in and provide oral public comment through a telephone line during the public meeting,call 425-636-9666 and use the access code: 114895.This code is valid for the October 6 meeting only.This information can all be found on the City's website at www.cityfpa.us Members of the public may address the City Council at the beginning and end of any Regular Meeting under"Public Comment." During the "Public Comment"portion of the meeting,individuals may speak to agenda items,except those scheduled for a Public Hearing. The City Council desires to allow the opportunity for Public Comment.However,the business of the City must proceed in an orderly, timely manner.At any time,the presiding officer,in the presiding officer's sole discretion,may set such reasonable limits as are necessary to prevent disruption of other necessary business. At its most restrictive,Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period. Individuals may speak for three(3)minutes or less,depending on the number of people wishing to speak.If more than 20 people are signed up to speak each speaker may be allocated two(2)minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first,with preference given to those who wish to speak to an item on the meeting's agenda.If time remains,the presiding officer will call other individuals wishing to speak,generally in the order in which they have signed.If time is available,the presiding officer may call for additional unsigned speakers. October 20,2020 Port Angeles City Council Meeting Page 1 Persons speaking shall state their name,whether they reside within the City limits,whether they have any other pertinent connection to the City,and whether they are appearing as the representative of an organization.Excerpts: Council Rules of Procedure Section 12 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 I Approve 1. City Council Minutes of September 15,2020/Approve.................................................................................................E-1 2. Expenditure Report:From September 26, 2020 and October 9, 2020 in the amount of$1,391,3 72.10/Approve.........E-6 3. US Coast Guard Memorandum of Agreement/Renew...................................................................................................E-24 4. PenCom Record Management Contract/Approve..........................................................................................................E-32 5. Acceptance of the Amendment to the Interlocal Agreement with Clallam County to Receive CARES Funding for the COVID-19 Utility,Rental and Mortgage Relief Program/Approve..............................................................................E-38 F. Public Hearings 16:30 p.m. or Soon Thereafter To provide oral or written public hearing testimony,follow the Public Comment instructions. 1. 2021 Budget Revenue Sources/Conduct Public Hearing..............................................................................................F-1 G. Ordinances Not Requiring Council Public Hearings 1. Water/Wastewater Bond Refunding Ordinance#3666/Amended to include: Conduct I"Reading/Continue to November 4 .........................................................................................................................................................................................G-1 H. Resolutions Not Requiring Council Public Hearings 1. Port Angeles School District Levy/Proposition 1 /Resolution for and Against/Discussion.......................................H-1 L Other Considerations 1. Broadband Feasibility Study and Community Outreach/Presentation..........................................................................I-1 J. Contracts & Purchasing 1. Stormwater Permit Implementation Support,Professional Services Agreement/Approve............................................J-1 K. Council Reports 1. 2021 City Legislative Priorities.......................................................................................................................................K-1 L. Information City Manager Reports 2. Public Safety Advisory Board Update ............................................................................................................................L-1 3. 2020 September Building Report....................................................................................................................................L-3 4. Public Works and Utilities Grants and Loans Status Report...........................................................................................L-4 M. Second Public Comment The City Council desires to allow the opportunity for Public Comment.However,the business of the City must proceed in an orderly, timely manner.Written public comment can be submitted to:councilkcityfpa.us,comments will not be read aloud but will be made a part of the record. To provide pre-recorded messages to the City Council by phone,please call 360-417-4504. Messages received will be provided to Council.These messages will be made a part of the record.Comments should be received by 2:00 pm.Tuesday, October 20,2020. To call in and provide oral public comment through a telephone line during the public meeting,call 425-636-9666 and use the access code: 114895.This code is valid for the October 6 meeting only.This information can all be found on the City's website at www.cityfpa.us Adjournment 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 hearingg process. October 20,202-0 Port An eIes City Council Meeting Page 2 DocuSign Envelope ID:A621A4C5-D24A-45C5-9CD4-07C8BOCOE088 o�roF�n,y C PROCLAMATION In Recognition of Arbor Day Whereas, in 1872,J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and Whereas, the holiday,called Arbor Day,was first observed with the planting of more than a million trees in Nebraska; and Whereas, Arbor Day is now observed throughout the nation and the world; and Whereas, trees can reduce the erosion of our precious topsoil by wind and water,lower our heating and cooling costs,moderate the temperature,clean the air,produce oxygen and provide habitat for wildlife; and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and Whereas, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and Whereas, trees,wherever they are planted, are a source of joy and spiritual renewal; and Whereas, the City worked with local groups including: Clallam Tree Alliance,Lower Elwha Klallam Tribe,Friends of Ennis Creek, and Clallam Conservation District to undertake plantings throughout the community including locations on Peabody Street,Lion's Club Park and the Ennis Creek riparian corridor. Whereas, this year over 210 trees will be planted in our watershed including native species such as Western Hemlock,Western Red Cedar and Rocky Mountain Maple. Whereas, the City of Port Angeles is recognized as a Tree City USA,and an Arbor Day observance is an important responsibility of that designation. NOW,THEREFORE,I Kate Dexter,Mayor of Port Angeles,do hereby proclaim: October 20, 2020 as Arbor Day in the City of Port Angeles,and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further,I recognize the planting efforts of the City of Port Angeles,the Parks,Recreation& Beautification Commission and the Clallam Tree Alliance at Lion's Club Park on October 23,2020. Dated thi DocuSigneAq.th day of october in the year 2020 Mayor_ [ -W660451155IE409 CITY COUNCIL MEETING Meeting held virtually Port Angeles, Washington September 15, 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, Schromen-Wawrin and Suggs. Members Absent: Council member McCaughan Staff Present: City Manager West, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, K. Dubuc, B. Smith, A. Brekke, and S. Carrizosa, and T. Hunter. It was moved by Schromen-Wawrin and seconded by Carr to: Excuse Council member McCaughan from the meeting. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1.Constitution Week Proclamation Mayor Dexter read a proclamation recognizing the week of September 17-23, 2020 as Constitution Week. PUBLIC COMMENT Carolyn Wilcox, city resident, invited Council to attend a presentation t o be held during the Public Safety Advisory Board meeting and spoke in favor of Council making changes to the Public Safety Advisory Board code. Susan Rodman, residing outside the city limits, spoke about a petition she created in opposition of Council making changes to the Public Safety Advisory Board code. Therese Stokan, residing outside the city limits, spoke in favor of Council making changes to the Public Safety Advisory Board code. Marilyn Esh, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Jessica Elofsen, residing outside the city limits, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Cheyenne, City resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Sissi Bruch, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Helen, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Jenna, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. October 20, 2020 E - 1 PORT ANGELES CITY COUNCIL MEETING – September 15, 2020 Page 2 of 5 Christi Cox, residing outside city limits, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Tanya Altstatt-Menchaca, residing outside city limits, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Imelda Jones, residing outside city limits, on a pre-recorded line, spoke in opposition of the Council making changes to the Public Safety Advisory Board code. Melissa Bells, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Clea Rome, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Paul Kelly, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Summer Skivanna, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Shawne Johnson, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Rachel, city resident, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Nina Sarmiento, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Susan Debey, residing outside city limits, on a pre-recorded line, spoke in favor of Council making changes to the Public Safety Advisory Board code. Kevin Rodman, on a pre-recorded line, spoke in opposition of Council making changes to the Public Safety Advisory Board code. Alan Barnard, residing outside city limits, on a pre-recorded line, spoke in opposition of Council making changes to the Public Safety Advisory Board code. OTHER CONSIDERATIONS 1. EOC 911 Center Westside Fire Project Update Police Chief Brian Smith spoke briefly about the presentation and introduced Clallam County Sheriff’s Office EOC Project Manager. Dale Jackson presented a PowerPoint presentation which included a proposed location, drawings, and estimated cost projections. City Manager Nathan West spoke about the history of Council interest in prioritizing the project and referenced the 2019-2020 strategic plan. Manager West shared that staff would bring back the item to an October meeting for Council action. Council discussion followed. The Mayor recessed the meeting for a break at 7:31 p.m. The meeting reconvened at 7:36 p.m. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS City Manager added “Ratification to the CARES Act Agreement” to Contract and Purchasing as item J-3. October 20, 2020 E - 2 PORT ANGELES CITY COUNCIL MEETING – September 15, 2020 Page 3 of 5 CONSENT AGENDA By consensus, Council added J-1 to the consent agenda It was moved by Meyer and seconded by French to approve the Consent Agenda to include: Accept the Consent Agenda as read. 1. City Council Minutes of September 1, 2020 / Approve 2. Expenditure Report: From August 22, 2020 and September 4, 2020 in the amount of $1,873,607.91 / Approve ITEM MOVED FROM J-1 F Street Substation Electrical Switchgear Upgrade Contract Award / Approve and award a contract with KVA Electric, Inc of Arlington, Washington to upgrade the F Street Substation electrical switchgear in the amount not to exceed, $283,353.28, including taxes, and authorize the City Manager to execute a contract with KVA Electric and to make minor modifications as necessary. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Adjust Plat Alterations and Vacations Director of Community and Economic Development, Allyson Brekke provided background on the agenda item and spoke to the change made to the original proposed ordinance since the first reading. The change split one ordinance into two separate ordinances. Ms. Brekke shared the ordinance would create a process for amending subdivision plats. Mayor Dexter conducted a second reading of the ordinance by title, entitled, ORDINANCE NO. 3663 AN ORDINANCE of the City of Port Angeles, Washington amending Hearing Examiner Chapter 2.18 of the Port Angeles Municipal Code. Mayor Dexter conducted a second reading of the ordinance by title, entitled, ORDINANCE NO. 3664 AN ORDINANCE of the City of Port Angeles, Washington adding a new Chapter 16.14 to Title 16 Subdivisions of the Port Angeles Municipal Code. It was moved by Schromen-Wawrin and seconded by French to: Adopt the ordinances as read. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. 2. Public Safety Advisory Board Ordinance Council member Schromen-Wawrin left the virtual meeting. Manager West provided background on the agenda item and discussed the development of the proposed ordinance, wh ich included a Council approved change from the first reading relative to the process of appointment for the Tribal positions. Mayor Dexter conducted a second reading of the ordinance by title, entitled, ORDINANCE NO. 3665 AN ORDINANCE of the City of Port Angeles, Washington amending the Public Safety Advisory Board Chapter 2.26 of the Port Angeles Municipal Code. Council discussion followed. It was moved by Suggs and seconded by Carr to: Adopt the ordinance as read. After a roll call vote, the motion carried 4-1, with Meyer opposed. Council member Schromen-Wawrin rejoined the virtual meeting. October 20, 2020 E - 3 PORT ANGELES CITY COUNCIL MEETING – September 15, 2020 Page 4 of 5 CONTRACTS & PURCHASING 1. Sodium Hypochlorite Generation System, CON 2020 -45 Public Works and Utilities Director Thomas Hunter provided background on the agenda item and said the system referred to in the memo is hard to come by because of supply lead times caused by the current pandemic. Council discussion followed. It was moved by French and seconded by Suggs to: Approve and award a contract with TMG Services, Inc. of Tacoma, WA, for the Sodium Hypochlorite Generation System purchase and installation, CON 2020-45, for the total bid amount of $151,103.86 including applicable taxes, and authorize the City Manager to execute a contract with TMG Servic es and to make minor modifications if necessary. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. 3. Washington State Department of Commerce Contract Amendment Manager West spoke about the late agenda item and shared the amendment including payment from the state in the amount of $294,300. Recognizing urgency, Manager West asked the Council to consider ratifying the agreem ent, which provided additional funding and extended the spending deadline to November 30th. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Meyer to: Ratify the resolution authorizing the Mayor to sign a resolution, amending the original Council resolution and bring the final resolution back to a October meeting as an information item. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 7-0. CITY COUNCIL REPORTS Deputy Mayor Carr spoke about the recent smoky air conditions and passed on recommendations from Dr. Unthank relative to self-care during the smoky conditions. She spoke about the need for people to get the flu vaccine relative to complications from the COVID-19 pandemic, and shared information from the Board of Health meeting. Council member French spoke about the Olympic Peninsula Tourism Commission meeting and what it may mean to upcoming tourism. He spoke about a recent Chamber meeting and the effect it may have on future events because of the pandemic. Council member Schromen-Wawrin shared he would like to see Finance evaluate the life cycle of an EOC building. He spoke about housing needs relative to the health pandemic and discussed ways State and Federal efforts could help people feel more secure when faced with housing challenges. He spoke about challenges people are dealing with locally and spoke about an upcoming AWC meeting. Council member Suggs shared her interest in improving broadband coverage for the city and shared she was continuing to work towards her receiving credits towards her Certificate of Municipal Leadership. She discussed a suggestion she shared with AWC regarding e-learning. Council member Meyer spoke about the audit conference and spoke about PAPA’s second channel and an upcoming Clallam Transit System meeting. Mayor Dexter spoke about the challenges of online schooling and shared her appreciation for the work done by teachers relative to the process. No other reports were given. INFORMATION Manager West reminded Council of the upcoming broadband study, public outreach, and discussed an update from staff on the matter. He reminded Council of an upcoming work session on multi-modal transportation and a Jurassic Parliament training. He shared an update on the rental, mortgage and utility assistance program and noted there were no findings from the auditors. October 20, 2020 E - 4 PORT ANGELES CITY COUNCIL MEETING – September 15, 2020 Page 5 of 5 ADJOURNMENT Mayor Dexter adjourned the meeting at 9:14 p.m. The Mayor announced the next meeting, to be held on September 22, 2020. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, Deputy Clerk October 20, 2020 E - 5 ........ I 1 i P RTEl NGELES W A S H I N G T O N, U. S. A. l 1 MEMO October 20, 2020 i Finance Department We, the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise and/or services herein specified have been received and that these claims are approved for payment in the amount of Sarina Carrizosa $1,391,272.10 this 20th day of October 2020. Finance Director Trina McKee Senior Accountant L ✓ MarySue French Mayor City Manager Senior Accountant Linda Kheriaty Financial Systems Analyst Melody Schneider Management Accountant Micah Rose Financial Analyst Jane Perkins Payroll Specialist Julie Powell Accounting Technician Jason Jones Accounting Technician Nicole Blank Administrative Analyst Kathyellen Haney Customer Services Manager Tracy Rooks Utility Billing Specialist I, City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount MISC DEPOSIT & PERMIT REFUNDS SALES TAX REIMBURSEMENT 001-0000-237.30-00 20.75 OL REFUNDS 001-0000-213.10-91 25.00 Division Total:$45.75 Department Total:$45.75 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2023-514.31-80 335.65 OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 124.05 OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 5.59 OFFICE SUPPLIES, GENERAL 001-2023-514.31-01 4.53 WASHINGTON (AUDITOR), STATE OF FINANCIAL SERVICES 001-2023-514.41-50 4,184.70 Accounting Division Total:$4,654.52 QUADIENT RENTAL/LEASE EQUIPMENT 001-2070-518.45-30 1,118.61 Reprographics Division Total:$1,118.61 Finance Department Total:$5,773.13 CLALLAM CNTY COMMISSIONER'S OFFICE SUPPLIES 001-3012-598.51-23 73,794.98 Jail Contributions Division Total:$73,794.98 LEXISNEXIS PUBLICATION/AUDIOVISUAL 001-3030-515.49-01 375.36 City Attorney Division Total:$375.36 City Attorney Department Total:$74,170.34 HARBORTOWNE MISCELLANEOUS SERVICES 001-4071-558.49-91 1,000.00 Economic Development Division Total:$1,000.00 Community Development Department Total:$1,000.00 CLALLAM CNTY SHERIFF'S DEPT RADIO & TELECOMMUNICATION 001-5010-521.42-13 24,000.00 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5010-521.31-01 130.56 Police Administration Division Total:$24,130.56 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 35.41 Investigation Division Total:$35.41 DOOLEY ENTERPRISES, INC POLICE EQUIPMENT & SUPPLY 001-5022-521.31-80 3,596.17 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 35.65 SHIPPING AND HANDLING 001-5022-521.42-10 11.50 MISC EMPLOYEE EXPENSE REIMBURSEMENT OREGON CITY CARRIER/PATCH 001-5022-521.31-11 268.34 MISC TRAVEL MORSE-SIMUNITION INSTRUCT 001-5022-521.43-10 447.12 T RIFE-SIMUNITION RECERT 001-5022-521.43-10 78.47 OLYMPIC PENINSULA COMMUNITY MISC PROFESSIONAL SERVICE 001-5022-521.41-50 7,000.00 Page 1 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 6 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount CLINIC MISC PROFESSIONAL SERVICE 001-5022-521.41-50 27,458.75 MISC PROFESSIONAL SERVICE 001-5022-521.41-50 7,000.00 MISC PROFESSIONAL SERVICE 001-5022-521.41-50 20,468.75 SWAIN'S GENERAL STORE INC CLOTHING & APPAREL 001-5022-521.31-11 39.97 VIKING SEW & VAC MISCELLANEOUS SERVICES 001-5022-521.31-11 32.61 WA STATE CRIMINAL JUSTICE HUMAN SERVICES 001-5022-521.43-10 95.00 WA STATE PATROL HUMAN SERVICES 001-5022-521.43-10 840.00 Patrol Division Total:$67,372.33 OLYMPIC STATIONERS INC PRINTING,SILK SCR,TYPSET 001-5029-521.31-01 10.88 PETEK, THOMAS C PHD HEALTH RELATED SERVICES 001-5029-521.41-50 300.00 QUILL CORPORATION HOSP SURG ACCES & SUNDRIS 001-5029-521.31-01 18.90 SWAIN'S GENERAL STORE INC JANITORIAL SUPPLIES 001-5029-521.31-01 9.91 Records Division Total:$339.69 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 001-5050-521.48-10 800.49 Facilities Maintenance Division Total:$800.49 Police Department Total:$92,678.48 CASTLE BRANCH, INC ENVIRONMENTAL&ECOLOGICAL 001-6010-522.41-50 129.00 LEMAY MOBILE SHREDDING OFFICE MACHINES & ACCESS 001-6010-522.31-01 31.80 Fire Administration Division Total:$160.80 GALLS SALE SURPLUS/OBSOLETE 001-6020-522.31-11 11.09 SALE SURPLUS/OBSOLETE 001-6020-522.31-11 76.09 SWAIN'S GENERAL STORE INC SUPPLIES 001-6020-522.31-01 12.77 SUPPLIES 001-6020-522.31-01 21.73 WITMER PUBLIC SAFETY GROUP SHOES AND BOOTS 001-6020-522.31-11 540.72 Fire Suppression Division Total:$662.40 ANGELES MILLWORK & LUMBER SUPPLIES 001-6045-522.31-01 332.22 MISC TRAVEL MCFARLAND-FIRE OFFICER I 001-6045-522.43-10 354.90 Fire Training Division Total:$687.12 CED/CONSOLIDATED ELEC DIST AUTO & TRUCK MAINT. ITEMS 001-6050-522.31-20 215.42 KNIGHT FIRE PROTECTION INC PW CONSTRUCTION & RELATED 001-6050-522.48-10 397.12 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 001-6050-522.48-10 1,848.51 OLYMPIC PARTY & CUSTODIAL SUPPLIES SUPPLIES 001-6050-522.31-01 60.65 SWAIN'S GENERAL STORE INC SUPPLIES 001-6050-522.48-10 8.06 Page 2 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 7 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount Facilities Maintenance Division Total:$2,529.76 Fire Department Total:$4,040.08 AMAZON CAPITAL SERVICES VISUAL EDUCATION EQUIPMNT 001-7010-532.31-01 43.51 SCHUNZEL, STEVEN THOMAS DATA PROC SERV &SOFTWARE 001-7010-532.41-50 600.00 DATA PROC SERV &SOFTWARE 001-7010-532.41-50 600.00 Public Works Admin. Division Total:$1,243.51 Public Works & Utilities Department Total:$1,243.51 MISC DEPOSIT & PERMIT REFUNDS LINER PLACEMENT REIMBURSE 001-8050-343.60-14 400.00 LINER REIMBURSEMENT 001-8050-343.60-16 250.00 OPENING & CLOSING REIMBUR 001-8050-343.60-14 475.00 SELL BACK PROPERTY 001-8050-343.60-12 637.00 C1 DISINTERMENT SELL BACK 001-8050-343.60-12 150.00 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-8050-536.31-01 87.03 QUIRING MONUMENTS INC SUPPLIES 001-8050-536.34-01 165.00 SUPPLIES 001-8050-536.34-01 165.00 SUPPLIES 001-8050-536.34-01 197.00 SUPPLIES 001-8050-536.34-01 384.00 SUPPLIES 001-8050-536.34-01 435.00 SOUND PUBLISHING INC SUPPLIES 001-8050-536.41-15 325.00 Ocean View Cemetery Division Total:$3,670.03 ANGELES CONCRETE PRODUCTS SUPPLIES 001-8080-576.31-20 711.99 SUPPLIES 001-8080-576.31-20 555.46 ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 51.80 SUPPLIES 001-8080-576.31-20 224.49 SUPPLIES 001-8080-576.31-20 30.51 SUPPLIES 001-8080-576.31-20 231.41 SUPPLIES 001-8080-576.31-20 543.36 BILL'S PLUMBING & HEATING INC SUPPLIES 001-8080-576.45-30 95.00 BSN SPORTS SUPPLIES 001-8080-576.31-20 566.73 FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 206.47 FIRE CHIEF EQUIPMENT CO, INC SUPPLIES 001-8080-576.48-10 334.80 SUPPLIES 001-8080-576.48-10 369.25 SUPPLIES 001-8080-576.48-10 511.36 GLASS SERVICES CO INC SUPPLIES 001-8080-576.31-20 78.34 SARGENT ENGINEERING, INC ENGINEERING SERVICES 001-8080-576.48-10 3,866.14 Page 3 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 8 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount SEARS COMMERCIAL ONE SUPPLIES 001-8080-576.31-20 69.71 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-01 195.70 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 6.29 Parks Facilities Division Total:$8,648.81 Parks & Recreation Department Total:$12,318.84 KNIGHT FIRE PROTECTION INC SUPPLIES 001-8112-555.48-10 299.20 OTIS ELEVATOR COMPANY INC SUPPLIES 001-8112-555.48-10 3,458.93 Senior Center Facilities Division Total:$3,758.13 AIRPORT GARDEN CENTER SUPPLIES 001-8131-518.31-20 51.05 ANGELES MILLWORK & LUMBER SUPPLIES 001-8131-518.31-20 13.27 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8131-518.31-20 94.66 SUPPLIES 001-8131-518.31-20 48.96 FAMILY SHOE STORE SUPPLIES 001-8131-518.31-01 182.74 HI-TECH ELECTRONICS INC SUPPLIES 001-8131-518.48-10 391.55 HOME DEPOT PRO-SUPPLYWORKS SUPPLIES 001-8131-518.31-01 55.47 KNIGHT FIRE PROTECTION INC SUPPLIES 001-8131-518.48-10 397.12 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 001-8131-518.48-10 1,791.39 MATHEWS GLASS CO INC SUPPLIES 001-8131-518.31-20 393.01 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-01 7.58 SUPPLIES 001-8131-518.31-20 70.56 SUPPLIES 001-8131-518.31-20 7.58 THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 39.15 SUPPLIES 001-8131-518.31-20 33.35 SUPPLIES 001-8131-518.31-20 31.49 SUPPLIES 001-8131-518.31-20 21.27 Central Svcs Facilities Division Total:$3,630.20 ASM SIGNS SUPPLIES 001-8155-575.41-50 359.04 Facility Rentals Division Total:$359.04 Facilities Maintenance Department Total:$7,747.37 DEPT OF NATURAL RESOURCES CONSULTING SERVICES 001-9029-518.41-50 392.71 MISC ONE-TIME VENDORS MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00 MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00 MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00 MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00 Page 4 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 9 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount MISC ONE-TIME VENDORS MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00 MORTGAGE ASSISTANCE 001-9029-518.49-91 500.00 PACIFICA LAW GROUP, LLP MISC PROFESSIONAL SERVICE 001-9029-518.41-50 900.00 MISC PROFESSIONAL SERVICE 001-9029-518.41-50 3,450.00 General Unspecified Division Total:$7,742.71 Non-Departmental Department Total:$7,742.71 General Fund Fund Total:$206,760.21 JUAN DE FUCA FOUNDATION MISCELLANEOUS SERVICES 101-1430-557.41-50 7,140.00 OLYMPIC PENINSULA VISITOR BUREAU CONSULTING SERVICES 101-1430-557.41-50 2,500.34 Lodging Excise Tax Division Total:$9,640.34 Lodging Excise Tax Department Total:$9,640.34 Lodging Excise Tax Fund Total:$9,640.34 AMAZON CAPITAL SERVICES SUPPLIES 102-7230-542.31-01 118.91 SUPPLIES 102-7230-542.31-01 257.85 ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 68.02 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 27.22 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 92.95 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 70.42 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 27.22 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 10.86 HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 27.15 BUILDER'S SUPPLIES 102-7230-542.31-20 68.78 FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 47.72 HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 205.63 ELECTRICAL EQUIP & SUPPLY 102-7230-542.31-20 46.16 HARTNAGEL BUILDING SUPPLY INC FURNITURE, OFFICE 102-7230-542.31-01 249.55 HAND TOOLS ,POW&NON POWER 102-7230-542.31-01 176.82 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 306.49 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 3,317.08 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 102-7230-542.48-10 693.43 PORT ANGELES POWER EQUIPMENT HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 373.20 NURSERY STOCK & SUPPLIES 102-7230-542.35-01 54.23 SUPPLIES 102-7230-542.31-01 59.68 Page 5 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 10 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 12.30 SHOTWELL CORP, JONATHAN BUILDING MAINT&REPAIR SER 102-7230-542.31-20 10.00 BUILDING MAINT&REPAIR SER 102-7230-542.31-20 20.00 SUMMIT SAFETY SHOES, LLC SHOES AND BOOTS 102-7230-542.31-01 208.84 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 102-7230-542.31-01 217.46 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 102-7230-542.31-20 43.73 Street Division Total:$6,811.70 Public Works-Street Department Total:$6,811.70 Street Fund Total:$6,811.70 BUSINESS TELECOM PRODUCTS, INC RADIO & TELECOMMUNICATION 107-5160-528.31-14 285.61 CENTURYLINK-QWEST 07B-02 A/C 360Z020380301 107-5160-528.42-11 190.49 08-02 A/C 360Z020380301B 107-5160-528.42-11 195.69 360Z020380301B 107-5160-528.42-11 198.40 CLALLAM CNTY INFORMATION TECHNOLOGY DATA PROC SERV &SOFTWARE 107-5160-528.51-01 18,000.00 FORTINO, SONDRA MARIE MISC PROFESSIONAL SERVICE 107-5160-528.41-50 911.81 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 107-5160-528.48-10 800.50 MISC EMPLOYEE EXPENSE REIMBURSEMENT 100% TUITION REIMBURSE K 107-5160-528.43-10 1,781.26 OLYPEN, INC COMPUTER HARDWARE&PERIPHE 107-5160-528.42-11 2,835.33 CONSULTING SERVICES 107-5160-528.42-11 598.40 MANAGEMENT SERVICES 107-5160-528.42-11 889.98 PETEK, THOMAS C PHD HEALTH RELATED SERVICES 107-5160-528.41-50 300.00 QUILL CORPORATION COMPUTERS,DP & WORD PROC. 107-5160-528.31-01 133.16 COMPUTERS,DP & WORD PROC. 107-5160-528.31-01 319.19 SCHOOL EQUIP& SUPPLIES 107-5160-528.31-01 18.59 SHORE POLYGRAPH SERVICES SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 300.00 SECURITY,FIRE,SAFETY SERV 107-5160-528.41-50 300.00 WA STATE PATROL COMPUTER SOFTWARE FOR MIN 107-5160-528.41-50 1,200.00 Pencom Division Total:$29,258.41 Pencom Department Total:$29,258.41 Pencom Fund Total:$29,258.41 MISC ONE-TIME VENDORS RENTAL ASSISTANCE 172-4130-551.49-90 300.00 RENTAL ASSISTANCE 172-4130-551.49-90 300.00 Page 6 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 11 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount MISC ONE-TIME VENDORS A. LORENZO-RENTAL ASSISTA 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 172-4130-551.49-90 300.00 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 172-4130-551.49-90 300.00 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 172-4130-551.49-90 300.00 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 PA Housing Rehabilitation Division Total:$12,600.00 PA Housing Rehabilitation Department Total:$12,600.00 PA Housing Rehab Proj Fund Total:$12,600.00 BILL'S PLUMBING & HEATING INC RENTAL/LEASE EQUIPMENT 310-5950-594.65-10 95.00 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 310-5950-594.65-10 266.95 Page 7 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 12 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 310-5950-594.65-10 148.51 OAC SERVICES, INC. MISC PROFESSIONAL SERVICE 310-5950-594.65-10 2,940.00 Homeland Security Division Total:$3,450.46 Public Safety Projects Department Total:$3,450.46 ANGELES MILLWORK & LUMBER SUPPLIES 310-8985-594.65-10 23.10 SUPPLIES 310-8985-594.65-10 47.87 Misc Parks Projects Division Total:$70.97 Capital Proj-Parks & Rec Department Total:$70.97 Capital Improvement Fund Total:$3,521.43 PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 16,179.92 GF-Street Projects Division Total:$16,179.92 Capital Projects-Pub Wks Department Total:$16,179.92 Transportation Benefit Fund Total:$16,179.92 A/R MISCELLANEOUS REFUNDS DIFF OF ACT VS EST 401-0000-213.10-90 1,358.41 DIFF OF ACT VS EST-OMC 401-0000-213.10-90 5,428.10 ANIXTER, INC Corr Duplicate Credit 401-0000-141.41-00 788.08 CARLSON SALES METERING SOLUTIONS ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 2,226.18 MISC UTILITY DEPOSIT REFUNDS DEPOSIT REFUND 401-0000-122.10-99 250.00 FINAL CREDIT-1340A CAMPBE 401-0000-122.10-99 66.86 FINAL BILL REFUND 401-0000-122.10-99 52.60 FINAL BILL REFUND 401-0000-122.10-99 81.37 FINAL BILL REFUND 401-0000-122.10-99 612.24 FINAL BILL REFUND 401-0000-122.10-99 13.90 FINAL BILL REFUND 401-0000-122.10-99 33.11 FINAL BILL REFUND 401-0000-122.10-99 831.93 OVERPAYMENT-2426 WOODSIDE 401-0000-122.10-99 123.64 OLDCASTLE PRECAST, INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 5,933.95 Division Total:$17,800.37 Department Total:$17,800.37 ARBITRAGE COMPLIANCE SPECIALISTS FINANCIAL SERVICES 401-7180-533.41-50 2,750.00 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 29.02 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 56.68 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 28.83 Page 8 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 13 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount GRAINGER ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 44.98 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 1,535.17 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 23.51 FASTENERS, FASTENING DEVS 401-7180-533.34-02 9.45 FASTENERS, FASTENING DEVS 401-7180-533.34-02 10.56 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 9.98 ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 75.88 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 72.12 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 21.24 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 205.79 ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 15.99 Electric Operations Division Total:$4,889.20 Public Works-Electric Department Total:$4,889.20 Electric Utility Fund Total:$22,689.57 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 112.06 PIPE AND TUBING 402-0000-141.40-00 95.74 Division Total:$207.80 Department Total:$207.80 BAXTER AUTO PARTS #15 SUPPLIES 402-7380-534.31-20 37.23 CASCADE COLUMBIA DISTRIBUTION, INC WATER&SEWER TREATING CHEM 402-7380-534.31-05 3,539.16 CLINICARE, LLC HEALTH RELATED SERVICES 402-7380-534.49-90 175.00 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 512.11 FASTENAL INDUSTRIAL FIRST AID & SAFETY EQUIP.402-7380-534.31-01 75.05 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 402-7380-534.48-10 884.28 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 1,539.19 EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 1,781.06 EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 2,484.99 EQUIP MAINT & REPAIR SERV 402-7380-534.48-10 7,365.76 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 PORT ANGELES POWER EQUIPMENT HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 466.50 Page 9 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 14 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount PORT ANGELES POWER EQUIPMENT AUTO SHOP EQUIPMENT & SUP 402-7380-534.31-01 50.93 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 42.43 MISC PROFESSIONAL SERVICE 402-7380-534.47-10 56.71 SHOTWELL CORP, JONATHAN BUILDING MAINT&REPAIR SER 402-7380-534.48-10 300.00 BUILDING MAINT&REPAIR SER 402-7380-534.48-10 100.00 BUILDING MAINT&REPAIR SER 402-7380-534.48-10 75.00 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 402-7380-534.31-01 190.26 Water Division Total:$19,827.66 DM DISPOSAL CO. BUILDING MAINT&REPAIR SER 402-7382-534.41-50 48.62 FASTENAL INDUSTRIAL HAND TOOLS ,POW&NON POWER 402-7382-534.31-20 76.13 SUPPLIES 402-7382-534.31-20 27.11 L & L TOOL SPECIALTIES SUPPLIES 402-7382-534.31-01 39.08 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 402-7382-534.48-10 3,265.85 EQUIP MAINT & REPAIR SERV 402-7382-534.48-10 3,933.13 EQUIP MAINT & REPAIR SERV 402-7382-534.48-10 4,410.53 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 42.43 Industrial Water Treatmnt Division Total:$11,842.88 Public Works-Water Department Total:$31,670.54 Water Utility Fund Total:$31,878.34 BRANOM INSTRUMENT COMPANY ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-20 718.03 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 454.13 FASTENAL INDUSTRIAL SUPPLIES 403-7480-535.31-01 130.78 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 56.55 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 71.14 FERGUSON ENTERPRISES INC SUPPLIES 403-7480-535.31-20 363.83 GORDON-GT & ASSOCIATES, INC PIPE FITTINGS 403-7480-535.31-20 4,497.79 HASA, INC CHEMICAL, COMMERCIAL,BULK 403-7480-535.31-05 5,380.29 HEARTLINE ELECTRONIC COMPONENTS 403-7480-535.31-01 38.03 JEFFERSON COUNTY AUDITOR BUILDING MAINT&REPAIR SER 403-7480-535.41-50 887.72 JOHNSON CONTROLS SECURITY SOLUTIONS SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 420.00 SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 276.46 SECURITY,FIRE,SAFETY SERV 403-7480-535.41-50 298.75 KUBWATER RESOURCES, INC. WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,116.03 LEGACY TELECOMMUNICATIONS, EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,296.90 Page 10 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 15 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount INC EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,317.57 EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,539.19 EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,756.03 EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 1,781.06 EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 2,279.36 EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 2,484.99 EQUIP MAINT & REPAIR SERV 403-7480-535.48-10 5,259.39 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 562.31 NORTHWEST PUMP AND EQUIPMENT CO PUMPS & ACCESSORIES 403-7480-535.31-20 2,531.06 OLYMPIC SYNTHETIC PRODUCTS WATER SEWAGE TREATMENT EQ 403-7480-535.35-01 31.61 PACIFIC OFFICE EQUIPMENT INC FURNITURE, OFFICE 403-7480-535.31-01 1,228.61 COMPUTER ACCESSORIES&SUPP 403-7480-535.31-01 124.23 SIEMENS INDUSTRY, INC.- GEORGIA TESTING&CALIBRATION SERVI 403-7480-535.45-30 611.46 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 403-7480-535.41-15 104.28 PUBLICATION/AUDIOVISUAL 403-7480-535.41-15 104.28 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 403-7480-535.31-01 124.98 THURMAN SUPPLY CONTRL,INDICA,RECORD INST 403-7480-535.31-20 46.03 AIR CONDITIONING & HEATNG 403-7480-535.31-20 110.05 SUPPLIES 403-7480-535.31-01 19.07 USA BLUEBOOK WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 1,211.74 Wastewater Division Total:$42,233.73 Public Works-WW/Stormwtr Department Total:$42,233.73 Wastewater Utility Fund Total:$42,233.73 OLYMPIC STATIONERS INC SUPPLIES 404-7538-537.31-01 12.49 WASTE CONNECTIONS, INC BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 409,749.03 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,438.58 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.45-30 5,367.27 ENVIRONMENTAL&ECOLOGICAL 404-7538-582.75-10 43,403.42 ENVIRONMENTAL&ECOLOGICAL 404-7538-592.83-10 19,375.31 SW - Transfer Station Division Total:$479,346.10 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 404-7580-537.48-10 693.44 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 66,315.65 Page 11 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 16 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount Solid Waste-Collections Division Total:$67,009.09 2 GRADE, LLC ROADSIDE,GRNDS,REC, PARK 404-7585-537.48-10 41,682.79 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 615.35 Solid Waste-Landfill Division Total:$42,298.14 Public Works-Solid Waste Department Total:$588,653.33 Solid Waste Utility Fund Total:$588,653.33 GORDON-GT & ASSOCIATES, INC SUPPLIES 406-7412-538.31-20 1,589.75 MISC EMPLOYEE EXPENSE REIMBURSEMENT REIMBURSEMENT/V.MCINTYRE 406-7412-538.41-50 183.33 NORTH HILL RESOURCES, INC MACHINERY & HEAVY HRDWARE 406-7412-538.48-10 16,344.43 SHOTWELL CORP, JONATHAN BUILDING MAINT&REPAIR SER 406-7412-538.31-20 130.00 SOURCE MOLECULAR CORP. MISC PROFESSIONAL SERVICE 406-7412-538.41-50 630.00 Stormwater Division Total:$18,877.51 Public Works-WW/Stormwtr Department Total:$18,877.51 Stormwater Utility Fund Total:$18,877.51 CLALLAM CNTY EMS MEMBERSHIPS 409-6025-526.41-50 900.00 EMERGENCY REPORTING MEMBERSHIPS 409-6025-526.41-50 522.24 EMSCONNECT MEMBERSHIPS 409-6025-526.43-10 222.00 KNB FIRE SALE SURPLUS/OBSOLETE 409-6025-526.48-10 3,481.60 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-13 205.33 OLYMPIC OXYGEN SALE SURPLUS/OBSOLETE 409-6025-526.31-13 54.40 SYSTEMS DESIGN WEST, LLC CONSULTING SERVICES 409-6025-526.41-50 2,483.30 Medic I Division Total:$7,868.87 Fire Department Total:$7,868.87 Medic I Utility Fund Total:$7,868.87 AIR FLO HEATING COMPANY INC CITY REBATE 421-7121-533.49-86 500.00 DAVE'S HEATING & COOLING SVC CITY REBATE 421-7121-533.49-86 500.00 WESTPORT, LLC CITY REBATE 421-7121-533.49-86 2,400.00 Conservation Division Total:$3,400.00 Public Works-Electric Department Total:$3,400.00 Conservation Fund Total:$3,400.00 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 453-7488-594.65-10 1,196.35 Wastewater Projects Division Total:$1,196.35 Public Works-WW/Stormwtr Department Total:$1,196.35 WasteWater Utility CIP Fund Total:$1,196.35 Page 12 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 17 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (73.88) BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 10.66 AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 12.93 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 30.91 BELTS AND BELTING 501-0000-141.40-00 24.37 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 160.48 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 10.30 HOSES, ALL KINDS 501-0000-141.40-00 97.59 HOSES, ALL KINDS 501-0000-141.40-00 7.14 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 187.64 GCR TIRES & SERVICE AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,125.29 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 142.47 KAMAN INDUSTRIAL TECHNOLOGIES POWER TRANSMISSION EQUIPM 501-0000-141.40-00 166.86 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 38.62 AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 123.56 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 341.65 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 12.91 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 34.90 O'REILLY AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 12.39 OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 596.51 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 150.91 SEATTLE AUTOMOTIVE DISTRIBUTING AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 87.24 SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 239.56 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 353.45 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 385.24 TACOMA DODGE CHRYSLER JEEP AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 45.00 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 17.94 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 47.34 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 27.07 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 268.01 TACOMA SCREW PRODUCTS INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 24.21 Division Total:$4,709.27 Department Total:$4,709.27 Page 13 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 18 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 31.46 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 64.14 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 42.87 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.98 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.98 BAXTER AUTO PARTS #15 HOSES, ALL KINDS 501-7630-548.31-01 7.37 CUMMINS NORTHWEST INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (339.69) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,090.08 DAREN'S POINT S AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 164.99 EXTERNAL LABOR SERVICES 501-7630-548.34-02 35.87 EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.44 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 101.77 EXTERNAL LABOR SERVICES 501-7630-548.34-02 714.96 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 84.63 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 166.04 EXTERNAL LABOR SERVICES 501-7630-548.34-02 48.80 EXTERNAL LABOR SERVICES 501-7630-548.34-02 354.31 EXTERNAL LABOR SERVICES 501-7630-548.34-02 20.13 EXTERNAL LABOR SERVICES 501-7630-548.34-02 48.96 EXTERNAL LABOR SERVICES 501-7630-548.34-02 70.72 EXTERNAL LABOR SERVICES 501-7630-548.34-02 303.00 FAR-WEST MACHINE & HYDRAULICS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 201.54 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 65.86 EXTERNAL LABOR SERVICES 501-7630-548.34-02 652.80 LEGACY TELECOMMUNICATIONS, INC EQUIP MAINT & REPAIR SERV 501-7630-548.34-02 1,539.19 LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 47.91 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 368.64 EXTERNAL LABOR SERVICES 501-7630-548.34-02 130.56 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 711.73 EXTERNAL LABOR SERVICES 501-7630-548.34-02 113.80 EXTERNAL LABOR SERVICES 501-7630-548.34-02 71.84 LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 501-7630-548.34-02 6.94 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 68.88 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (20.19) Page 14 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 19 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 28.28 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 75.38 OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 205.89 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 422.07 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 11,793.49 EXTERNAL LABOR SERVICES 501-7630-548.34-02 3,562.44 PAPE' MACHINERY AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 412.84 R & S TRANSPORT, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 478.28 EXTERNAL LABOR SERVICES 501-7630-548.34-02 478.28 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 67.83 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 147.97 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 249.58 RUDY'S AUTOMOTIVE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 137.19 BELTS AND BELTING 501-7630-548.34-02 37.44 EXTERNAL LABOR SERVICES 501-7630-548.34-02 106.62 EXTERNAL LABOR SERVICES 501-7630-548.34-02 319.87 SNAP-ON TOOLS - CHUGGER DEANE AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 62.29 SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,896.90 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 384.52 TACOMA DODGE CHRYSLER JEEP AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (1,102.00) AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 70.84 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 245.97 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 53.21 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 282.11 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 297.10 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 38.57 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 222.49 EXTERNAL LABOR SERVICES 501-7630-548.34-02 192.85 EXTERNAL LABOR SERVICES 501-7630-548.34-02 809.98 WESTERN STEEL METALS,BARS,PLATES,RODS 501-7630-548.34-02 609.68 Equipment Services Division Total:$30,618.27 Public Works Department Total:$30,618.27 Equipment Services Fund Total:$35,327.54 HSA BANK HSA Service Fee 503-1631-517.41-50 305.00 Page 15 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 20 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount REDACTED Disability Board-Sept 503-1631-517.46-35 252.70 Disability Board-Sept 503-1631-517.46-35 281.12 Disability Board-Sept 503-1631-517.46-35 322.29 Disability Board-Sept 503-1631-517.46-35 649.52 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 121.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 123.50 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 123.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 134.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 144.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 396.60 REIMBURSE MEDICARE-AUGUST 503-1631-517.46-35 602.60 REDQUOTE, INC. HRA REIMBURSEMENT 503-1631-517.46-30 1,123.03 HRA REIMBURSEMENT 503-1631-517.46-30 940.97 Other Insurance Programs Division Total:$7,002.53 WASHINGTON HOSPITAL SVCS AUGUST 2020 FEE CONTRACT 503-1661-517.41-40 750.00 SEPTEMBER 2020 FEE CONTRA 503-1661-517.41-40 750.00 Worker's Compensation Division Total:$1,500.00 WILLIAMS, KASTNER & GIBBS PLLC LEGAL PROFESSIONAL SVCS 503-1671-517.49-98 5,278.61 Comp Liability Division Total:$5,278.61 Self Insurance Department Total:$13,781.14 Self-Insurance Fund Total:$13,781.14 REDACTED REIMBURSE MEDICARE-AUGUST 602-6221-517.46-35 127.00 REIMBURSE MEDICARE-AUGUST 602-6221-517.46-35 127.60 Fireman's Pension Division Total:$254.60 Page 16 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 21 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount Fireman's Pension Department Total:$254.60 Firemen's Pension Fund Total:$254.60 AFLAC PAYROLL SUMMARY 920-0000-231.53-11 192.31 PAYROLL SUMMARY 920-0000-231.53-12 386.54 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 580.00 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 182.92 PAYROLL SUMMARY 920-0000-231.52-20 22,987.87 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 68,647.88 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 24.64 PAYROLL SUMMARY 920-0000-231.50-20 81,712.38 HSA BANK PAYROLL SUMMARY 920-0000-231.52-40 4,481.04 ICMA-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 22,351.54 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 2,482.44 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 112.54 PAYROLL SUMMARY 920-0000-231.51-21 29,546.88 PAYROLL SUMMARY 920-0000-231.51-21 (112.54) PAYROLL SUMMARY 920-0000-231.51-21 112.54 OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 230.76 PERS PAYROLL SUMMARY 920-0000-231.51-10 1,459.80 PAYROLL SUMMARY 920-0000-231.51-11 15,817.67 PAYROLL SUMMARY 920-0000-231.51-12 83,193.78 PAYROLL SUMMARY 920-0000-231.51-10 (1,459.80) PAYROLL SUMMARY 920-0000-231.51-10 1,459.80 PAYROLL SUMMARY 920-0000-231.51-11 (15,817.67) PAYROLL SUMMARY 920-0000-231.51-11 15,817.67 PAYROLL SUMMARY 920-0000-231.51-12 (83,193.78) PAYROLL SUMMARY 920-0000-231.51-12 83,193.78 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,046.50 PAYROLL SUMMARY 920-0000-231.54-10 2,046.50 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 230.12 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 1,725.00 Division Total:$340,439.11 Department Total:$340,439.11 Page 17 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 22 City of Port Angeles City Council Expenditure Report Between Sep 26, 2020 and Oct 9, 2020 Vendor Description Account Number Amount Payroll Clearing Fund Total:$340,439.11 Total for Checks Dated Between Sep 26, 2020 and Oct 9, 2020 $1,391,372.10 Page 18 of 18 Oct 14, 2020 12:30:29 PMOctober 20, 2020 E - 23 1 Date: October 20, 2020 To: City Council From: Brian S. Smith, Chief of Police Subject: US Coast Guard Memorandum of Agreement / Renewal Background / Analysis: The US Coast installation on Ediz Hook is inside the City limits. The status as exclusive federal jurisdiction goes back the 1860’s and pre-dates Washington statehood. This agreement allows PAPD and CCSO to provide the USCG meaningful law enforcement assistance when requested while protecting the City from civil and criminal liability. Absent a current agreement and legal authority from the USCG Commander PAPD and CCSO personnel have no police power when inside the defined land area of the USCG installation. The current agreement with the USCG was the product of over a year’s worth or work between City, County and USCG legal staff. It has served the parties well and allows PAPD to legally provide mutual aid law enforcement services to an important area inside the City limits. USCG has only two civilian special agent/criminal investigators assigned to the Ediz Hook installation. The balance of the USCG personnel are not fully trained or commissioned law enforcement . USCG relies on the timely assistance of PAPD and CCSO during incidents involving threats to life and property. PAPD and CCSO also have a separate memorandum of understanding that describes agreed upon procedures when responding to the Ediz Hook installation. It will be updated. Recommendation: Authorize renewal of the agreement for an additional 10 years. Funding: N/A Summary: In November of 2010 the Port Angeles Police Department (PAPD) , the Clallam County Sheriff’s Office (CCSO) and the United States Coast Guard (USCG) signed an agreement that provided a frame work for mutual aid and assistance on the US Coast Guard installation on Ediz Hook (and in Port Angeles). The 79 acres of land at the end of Ediz Hook is exclusive federal jurisdiction and a place of Special Maritime and Territorial Jurisdiction under Title 18 United States Code Section 7 (3). As such local, county and state law enforcement officers have no legal authority on this land parcel absent authority provided by the USCG under a memorandum of agreement. With the agreement that is in place through December 31, 2020 PAPD and CCSO officers when responding to assist USCG personnel at the Ediz Hook installation have the authority to restrain, detain, direct and remove any persons deemed an imminent threat to the safety of human life or for the protection of property. Staff recommends a renewal of this agreement for an additional 10 years. Funding: There are no direct funding impacts. Actions: Authorize the City Manager or designee to sign an agreement for the Ediz Hook USCG installation between the US Coast Guard, the Clallam County Sheriff’s Office and the Port Angeles Police Department that will be effective January 1, 2021 and continue through December 31, 2030. Recommendation: N/A – informational only. October 20, 2020 E - 24 2 October 20, 2020 E - 25 1 MEMORANDUM OF AGREEMENT UNITED STATES COAST GUARD AND CITY OF PORT ANGELES AND CLALLAM COUNTY SHERIFF'S OFFICE REGARDING EMERGENCYASSISTANCE ON THE U.S. COAST GUARD INSTALLATION LOCATED ON EDIZ HOOK, PORT ANGELES, WASHINGTON 1. PARTIES. The Parties to this Memorandum of Agreement (MOA) are the Commanding Officer of the U.S. Coast Guard installation at Ediz Hook, Clallam County, Washington, on behalf of the United States and the United States Coast Guard (USCG), the City of Port Angeles (PAPD), and the Clallam County Sheriff's Office (CCSO). 2. PURPOSE. The intent of this MOA is to establish a framework for full cooperation between the USCG, and PAPD and CCSO in the event of a 911 call or other notification of an imminent threat to the safety of human life or the protection of property occurring on the Installation. Routine or non-emergent interaction between the USCG and PAPD or CCSO is beyond the scope of this MOA. 3. AUTHORITY. The USCG is authorized to enter into this MOA under 14 U.S.C. 93 (a) (12); 141; 18 U.S.C. 1382; and 31 U.S.C. 1342 the City of Port Angeles (PAPD) and CCSO are authorized to enter into this MOA pursuant to the Washington Mutual Aid Peace Officers Powers Act of 1985, Wash. Rev. Code , 10.93.001, et seq. 4. COMMANDING OFFICER AUTHORITY PARAMOUNT. The Commanding Officer (CO) of Air Station and Sector Field Office Port Angeles, or the duly appointed direct representative of the CO, including the Officer of the Day (OOD), is the principle military officer exercising federal authority over the Installation. The CO is the paramount authority on the Coast Guard Installation and is personally accountable for the welfare of all personnel and property therein. In accordance with 14 U.S.C. 141, "the Coast Guard may avail itself of such officers and employees, advice, information and facilities of any Federal agency, State, Territory, possession, or political subdivision thereof, as may be helpful in the performance of its duties. " PAPD and CCSO actions on the Installation to respond to an imminent threat to the safety of human life or the protection of property are taken on behalf of and at the request of the CO as set forth here. In accordance with the Washington Mutual Aid Peace Officers Powers Act of 1985, Wash. Rev. Code , 10.93.001, et seq. PAPD and CCSO may respond to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction. 5. INSTALLATION BOUNDARY AND JURISDICTION. October 20, 2020 E - 26 2 The 79 acres of land and tidelands under the administrative control of the U.S. Coast Guard on Ediz Hook, Clallam County, Washington, occupying part of Lot 7 and all of Lots 8, 9, 10, and 11 of Township 31 North, Range 6 West of the Willamette Meridian. See Maps at enclosures b. Legislative Jurisdiction. The Installation is a place of exclusive federal jurisdiction under Article I, section 8, clause 17 of the U.S. Constitution. By virtue of Port Angeles City Ordinance No 2355 (September 3, 1985) and section 35A.14.310 of the Revised Code of Washington (R.C.W.), the Installation is located within the territorial limits of the City of Port Angeles without derogation of federal ownership or exclusivity of federal legislative jurisdiction. c. Investigative Jurisdiction. Being a place of exclusive federal jurisdiction, investigative jurisdiction over crimes committed by civilians or military members on the Installation is held solely by the USCG or, pursuant to the MOU published at Appendix 3.1 of the Manual for Courts-Martial, United States (2008 ed.), the Federal Bureau of Investigation or DOJ. The Coast Guard Investigative Service (CGIS) investigates violations of Federal law and serves as the USCG liaison to state, local, and other Federal agencies for investigative purposes. d. Prosecutorial Jurisdiction. Being a place of exclusive federal jurisdiction, prosecutorial jurisdiction over crimes committed on the Installation is held solely by the U.S Department of Justice (DOJ) and the USCG. Because the Installation is a place of Special Maritime and Territorial Jurisdiction under 18 U.S.C. section 7(3), USCG and DOJ prosecutors may assimilate penal sections of the Washington Revised Code into Federal law to prosecute conduct proscribed thereby that occurs on the Installation, consistent with the Federal Assimilative Crimes Act, codified at 18 U.S.C. section 13. The Washington Criminal Code does not apply on the Installation, and neither state nor local prosecutors have jurisdiction over offenses committed thereon. 6. ON-SCENE RESPONSE. a. Fresh Pursuit. Vehicles approaching the Installation with PAPD and/or CCSO in fresh pursuit pose an imminent threat to the safety of human life on the Installation. PAPD and/or CCSO shall alert the USCG of fresh or immediate pursuit toward the Installation at the earliest practicable moment and inform the USCG of PAPD and/or CCSO's preferred course of action. b. Response to 911 Call from the Installation. PAPD and/or CCSO will respond to emergency calls (911 calls) originating from or requiring a response on the Installation with the same immediacy as if the call originated from any other location within the City limits. PAPD and/or CCSO will contact the Front Gate360 417 4650 and/or the Control Center 360 417 5840 as early as possible to ensure the front gate is opened to allow expedient PAPD and/or CCSO access. c. PAPD and CCSO is hereby authorized and requested by the CO as follows: (l) to stop, restrain, detain or direct any persons, military or civilian, located on the Installation, as PAPD and/or CCSO deems necessary, and for as long as necessary, to respond to an imminent threat to the safety of human life or the protection of property. (2) to transport to the PAPD and/or CCSO jail facility for temporary holding any persons, military or civilian, as PAPD and/or CCSO deems necessary to protect life and October 20, 2020 E - 27 3 property until such time as transportation to a federal detention facility can be arranged by USCG. (3) to possess firearms on the Installation. (4) to inform persons detained in pursuance of this MOA that they are being detained at the request of the CO because it has been deemed a temporary but necessary action to alleviate an imminent threat to the safety of human life or the protection of property. (5) to use tactics and procedures as PAPD and/or CCSO deems necessary to respond to an imminent threat to the safety of human life or the protection of property occurring on the Installation. (6) To apply the PAPD and/or CCSO use of force policy unless given specific instructions to the contrary by the CO 8. ITEMS, DOCUMENTS, REPORTS. PAPD and/or CCSO will make available to USCG any response, physical items, statements or other information created or obtained by PAPD and/or CCSO. 9. REPORTING. Following the emergency response, USCG will, if requested and to the extent practicable, assist PAPD and/or CCSO with preparation of reports necessary for compliance with R.C.W. 10.93.030. 10. FAMILIARIZATION VISITS. The CO invites PAPD and CCSO officers to contact the Command Security Officer periodically to arrange for guided familiarization visits to the Installation. 11. MODIFICATION. This MOA may be modified upon the mutual written consent of the Parties. 12. ANNUAL REVIEW. The Parties shall meet no less than annually to review the effectiveness of the MOA and determine the need for modification, continuation, or termination. 13. TERM. This MOA will remain in effect until December 31, 2030, unless sooner terminated or extended. 14. TERMINATION. USCG and and CCSO agree to provide at least 30 days written notice of an intent to terminate. 15. CONTRACT NOT INTENDED. This MOA is an administrative agreement between the USCG and PAPD and CCSO to effect he purpose stated above. USCG and PAPD and CCSO do not intend for this MOA to create legal obligations of any kind. 16. NOT AN OBLIGATION OF FUNDS. This MOA is not an agreement by the United states, U.s. Department of Homeland Security, U.S. Coast Guard, the City of Port Angeles Police Department, or the Clallam County Sheriff's Office to obligate or expend any funds. October 20, 2020 E - 28 4 17. ANTIDEFICIENCY ACT. The CO of the Installation is authorized under 31 US.C. section 1342 to accept PAPD and CCSO services in an emergency involving an imminent threat to the safety of human life or the protection of property. 18. ROUTINE CRIMINAL LAW MATTERS NOT INCLUDED. This MOA does not pertain to routine interaction between the CO and the PAPD and/or CCSO, or non-emergency CGIS interaction with PAPD and/or CCSO. 19. SEVERANCE. Nothing in this Agreement is intended to conflict with current law, regulations, or directives of the United States, U.S. Department of Homeland Security, U.S. Coast Guard, the City of Port Angeles Police Department, or the Clallam County Sheriff's Office. If a term of this Agreement is inconsistent with such authority, then the offending portion of that term shall be severable and of no legal effect, but the remaining portion of that provision and the remainder of the Agreement shall remain in full force and effect. 20. POINTS OF CONTACT. Points of contact are attached to this agreement as enclosure (2). Changes to enclosure (2) shall not require a new written agreement executed by the parties. 21. EFFECTIVE DATE. The terms of this Agreement will become effective on the date that the last party signs the Agreement. APPROVED BY: UNITED STATES COAST GUARD _______________________________________ _____________________ Date Commander, U.S. Coast Guard Commanding Officer, Coast Guard Air Station / Sector Field Office Port Angeles CITY OF PORT ANGELES _____________________________________ Brian S. Smith Date Chief of Police, Port Angeles Police Department Port Angeles, Washington Date CLALLAM COUNTY SHERIFF'S OFFICE _________________________________________ ______________________________ William Benedict Date Sheriff, Clallam County Sheriff’s Office Port Angeles, Washington October 20, 2020 E - 29 5 EMERGENCY POINTS OF CONTACT USCG Normal Duty Hours: Control Center @ 360-417-5840 USCG After Hours: Seattle Dispatch 360-457-4404 USCG D13 Staff Judge Advocate Duty Attorney (Seattle): 206-220-7001 PAPD Normal Duty Hours: 911 PAPD After Hours: 911 CCSO Normal Duty Hours: 911 CCSO After Hours: 911 ROUTINE POINTS OF CONTACT USCG Commanding Officer 360-417-5803 PAPD Brian S. Smith Chief of Police 360-417-4902/912-0184 ccso Ronald Cameron Undersheriff 360-417-2544 October 20, 2020 E - 30 IIP 31 NORTH RANGE 6 WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON STATUS OF PUBLIC SPOKANE DISTRICT - WENATCHEE RA LAND AND MINERAL CLALLAM COUNTY PORT ANGEL,— TOWNSITE PLÄT October 20, 2020 E - 31 Date: October 20, 2020 To: City Council From: Ken Dubuc, Fire Chief Subject: Records Management System Contract Project Overview: Emergency services providers utilize electronic Records Management Systems (RMS) in order to collect, enter, store, retrieve, transmit and analyze data of all sorts. The Port Angeles Fire Department and other public safety agencies throughout Clallam County currently utilize an RMS provided by a company called Emergency Reporting Systems (ERS). An exception is Clallam County Fire District #3 (Sequim) which by choice does not use ERS and pays individually for a different RMS provided by ZOLL. Unfortunately, ERS no longer adequately meet the needs of the various agencies in the County. The system does not allow users to enter data in the field, it does not enable system-wide quality assurance or incident review by the Medical Program Director, and it does not provide direct interface with our medical billing provider. For these reasons and more, several personnel who have joined the Department recently suggested that we look at an RMS provided by a company called ESO. This system is used widely by public safety agencies throughout western Washington State. After agencies throughout the county looked at the ESO RMS system, it became readily apparent that it more fully meets our needs and there was a consensus throughout the county Fire and EMS agencies that a single County-wide RMS would be beneficial. The ESO platform is more intuitive and user-friendly, enabling users to directly input data into the system while they are in the field. This will elim inate double Summary: Public safety agencies use electronic Records Management Systems (RMS) to enter, store, retrieve, transmit and analyze data that is generated during the course of operations. Much of the data is related to emergency incidents and it is important that this data can be utilized in an efficient manner. The RMS system that is currently in use, Emergency Reporting Systems (ERS), does not allow data entry from the field, is not user-friendly and does not enable effective quality assurance reviews. In addition, ERS does not directly interface with medical billing. This is a proposal to switch to a company called ESO, which provides an RMS that more appropriately meets the needs of the Port Angeles Fire Department and the majority of the Fire/EMS agencies in Clallam County. Funding: Through user fees, PenCom pays for the Fire/EMS RMS that is used throughout the County. Agencies using the RMS pay a pro-rated share of the cost based upon their annual call volume. Currently, the Port Angeles Fire Department pays $14,894.00 annually for RMS services. After the switch to ESO, the PAFD share will increase to $15,023.00. This annual increase will be funded through the current PAFD budget. Recommendation: Authorize the City Manager to sign the attached contract with ESO and to make minor modifications as necessary. October 20, 2020 E - 32 entry that is currently required. In addition, ESO will enable the Medical Program Director to do quality assurance and medical incident report review system-wide, a process that will increase her ability to provide EMS system oversight, potentially resulting in better patient outcomes. Finally, ESO provides automated EMS billing interface and automated National Fire Incident Reporting System (NFIRS) data submittal – both will save time and work for department administration. Clallam County Fire District #3 concurred that ESO provided a better platform than their ZOLL system as well and they will be joining the switch over. Through user fees, PenCom pays for the Fire/EMS RMS that is currently provided by ERS. Agencies using ERS through PenCom pay a pro-rated share of the cost based upon their annual call volume and with the inclusion of Clallam County Fire District #3 the PenCom contract per agency cost of the ESO RMS is only slightly more expensive system than the ERS RMS. Funding: Currently, the Port Angeles Fire Department pays $14,894.00 annually for RMS services. After the switch to ESO, the PAFD share will increase to $15,023.00 a $129.00 difference. This annual increase will be funded from within the current PAFD budget. October 20, 2020 E - 33 Quote Date:07/16/2020 Customer Name:PenCom Quote #:Q-16167 Quote valid until:10/14/2020 ESO Account Manager:Travis Potter *Additional fees may be applied by Customer’s billing or CAD vendor for certain integrations or interfaces, and Customer is encouraged to discuss this with the applicable vendor. CUSTOMER CONTACT BILLING CONTACT End User PenCom Payor PenCom Address Name Karl Hatton Name Karl Hatton , Email khatton@cityofpa.us Email khatton@cityofpa.us Billing Frequency Annual Phone 360-417-4911 Phone 360-417-4911 Initial Term 12 months Analytics Product Volume Total Fee Type Medical Director Oversight Account 13600 Incidents $995.00 Recurring EHR Product Volume Total Fee Type EHR Training 2 Days $2,390.00 One-time ESO EHR Suite - Multi-Agency 13600 Incidents $25,488.00 Recurring EHR CAD Integration - Multi-Agency 13600 Incidents $3,744.00 Recurring EHR Cardiac Monitor Integration - Multi-Agency 13600 Incidents $1,619.00 Recurring EHR Billing Interface - Multi-Agency 13600 Incidents $994.00 Recurring EHR Fax - Multi-Agency 13600 Incidents $1,688.00 Recurring Fire Product Volume Total Fee Type ESO Fire Incidents 8 Stations $8,120.00 Recurring Total Recurring $42,648.00 Total One-Time $2,390.00 TOTAL $45,038.00 . October 20, 2020 E - 34 Quote Date:07/16/2020 Customer Name:PenCom Quote #:Q-16167 Quote valid until:10/14/2020 ESO Account Manager:Travis Potter TERMS AND CONDITIONS: 1.If the Customer indicated above has an ESO Master Subscription and License Agreement (MSLA) dated on or after February 20, 2017, then that MSLA will govern this Quote. Otherwise, Customer intends and agrees that this Quote adopts and incorporates the terms and conditions of the MSLA and associated HIPAA business associate agreement hosted at the following web address, and that the products and services ordered above are subject thereto: http://bit.ly/ESOContract 2. The Effective Date of this Quote shall be the final date of signature. 3. If Customer has selected a third party to pay fees on their behalf, the applicable fees above shall be invoiced to the third party on Customer’s behalf. PenCom [Signature] [Print Name] [Title] [Today's Date] For Analytics, EHR, Fire, the following payment terms apply: •During the first year, Training fees, shall be invoiced on or about fifteen days after the Effective Date of this Quote. 100% of the Recurring fees shall be invoiced or or about January 1, 2021 (“Subscription Date”). •During the second year and any renewal years thereafter, 100% of the Recurring fees shall be due on the Subscription Date. October 20, 2020 E - 35 Quote Date:07/16/2020 Customer Name:PenCom Quote #:Q-16167 Quote valid until:10/14/2020 ESO Account Manager:Travis Potter Analytics Product Description Medical Director Oversight Account Umbrella account for use by a medical director to access records and Analytics across multiple agencies, includes Patient Tracker, Analytics and AdHoc Reporting. EHR Product Description EHR Training Daily Rate ESO EHR Suite - Multi-Agency Patient care reporting suite, includes EHR web and mobile client, Quality Management, AdHoc Reports, Analytics, Patient Tracker. Allows for unlimited users, unlimited mobile applications, live support, state and federal data reporting, ongoing weekly web training, software updates and upgrades. EHR CAD Integration - Multi-Agency Enables integration of CAD data into EHR mobile and web application. Ongoing maintenance included. Additional fees from your CAD vendor may apply. EHR Cardiac Monitor Integration - Multi-Agency Enables import of cardiac monitor data via local or cloud integration. Ongoing maintenance included. Unlimited heart monitors. EHR Billing Interface - Multi-Agency Enables integration of discrete ePCR data into third-party billing software. Ongoing maintenance included. EHR Fax - Multi-Agency Enables faxing of patient care records to destination facilities. Fire Product Description ESO Fire Incidents Includes Auto EHR-import or Auto-CAD import, federal NFIRS data reporting, software updates and upgrades. October 20, 2020 E - 36 Quote Date:07/16/2020 Customer Name:PenCom Quote #:Q-16167 Quote valid until:10/14/2020 ESO Account Manager:Travis Potter Please fill in your contact information below: Name Email Phone Primary Business Contact Invoicing Contact Legal Contact Software Administrator Contact Privacy HIPAA Contact Tax Exempt YES OR NO If YES, return Exempt Certificate with Agreement Purchase Order Required? YES OR NO If YES, return PO with Agreement Please email the signed sales order to legal@eso.com and your sales representative. October 20, 2020 E - 37 Date: October 20, 2020 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Acceptance of the Amendment to the Interlocal Agreement with Clallam County to Receive CARES Funding for the COVID-19 Utility, Rental and Mortgage Relief Program Background / Analysis: Clallam County has received funding from the Department of Commerce directed from the federal government’s CARES act for programs intended to provide financial relief in our community to those in need as a result of the COVID-19 pandemic. In August, Clallam County Commissioners agreed to distribute $89,900 to the City for our Utility, Rental and Mortgage relief program. Additional funding has been recognized and distributed for this program by the County in the amount of $89,000. The program report date has also been extended to November 30, 2020. As the City currently has a program in place for Utility, Rental and Mortgage Relief this funding will simply allow the City to continue the existing program. Funding Overview: There is no City match required for the acceptance of this funding. The City will be able to leverage its current COVID relief program and provide further assistance to our residents. Summary: Clallam County has received funding from the Department of Commerce directed from the federal government’s CARES act for programs intended to provide financial relief in our community to those in need as a result of the COVID-19 pandemic. In August, Clallam County Commissioners agreed to distribute $89,900 to the City for our Utility, Rental and Mortgage relief program. Additional funding has been recognized and distributed for this program by the County in the amount of $89,000. The program report date has also been extended to November 30, 2020. Funding: There is no City match required for the acceptance of this funding. The City will be able to leverage its current COVID relief program and provide further assistance to our residents. Recommendation: Approve and authorize the City Manager to sign Amendment #1 to the Clallam County CARES subrecipient agreement. October 20, 2020 E - 38 Contract _291.20.016______ CARES SUBRECIPIENT AGREEMENT AMENDMENT #1 THIS AMENDMENT is entered into between CLALLAM COUNTY, a political s ubdivision of the State of Washington, (hereinafter called "County" or "Clallam County") and City of Port Angeles, a municipal corporation of the State of Washington and non-charter code city (“Subrecipient”), and changes the following attachments to the agreement entered into on August 25, 2020. This Amendment is comprised of the text found on Attachment 1. The term of this Amendment shall commence on the 8th day of October, 2020 and shall terminate as provided elsewhere in the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of 20 . SUBRECIPIENT _ Print name: Title: Date: 20 Originals: BOCC City of Port Angeles Finance Department CLALLAM COUNTY BOARD OF COMMISSIONERS Mark Ozias, Chair THIS CONTRACT HAS BEEN APPROVED AS TO FORM BY THE CLALLAM COUNTY PROSECUTING ATTORNEY. APPROVED BY ALVAREZ 9/29/2020. October 20, 2020 E - 39 CARES SUBRECIPIENT AGREEMENT ATTACHMENT 1 ATTACHMENT 1 Page 1 AMENDMENTS TO THE ORIGINAL AGREEMENT Paragraph 3, page 1, is amended to change the period of certain costs incurred in response to the COVID-19 public health emergency that may be reimbursed under the CARES Act to March 1, 2020 through November 30, 2020. Item #1, page 2, is amended to reflect a termination date of December 15, 2020. Item #2, page 2, is amended to reflect a revised CARES Funds amount to be provided to the Subrecipient of $178,900 and allow for the disbursement of CARES funds through the Subrecipient until November 30, 2020. Item #5, page 2, is amended so that the first sentence of this item shall read: “To facilitate the County’s seeking reimbursement of CARES funding under the IGA, the Subrecipient will submit an A-19 equivalent report to the County, on or before the 15th day of August, September, October and November, and on or before the 5th day of December, detailing the rent, mortgage and utility assistance grants disbursed by the Subrecipient as outlined in Attachment C.” The remainder of Item #5 shall not be amended or revised. Attachment C, page 8, “Scope of Work,” is hereby amended. Specifically the 1st and 2nd sentences of the first paragraph are amended as follows: Old text New text The Board of Commissioners is directing up to $89,900 to residential rent, mortgage and utility assistance for residents and utility customers of the City of Port Angeles (“COPA”) using federal CARES funding. These funds must be fully distributed by October 31, 2020. The Board of Commissioners is directing up to $178,900 to residential rent, mortgage and utility assistance for residents and utility customers of the City of Port Angeles (“COPA”) using federal CARES funding. These funds must be fully distributed by November 30, 2020. Attachment C, Section 1, page 8, last bullet point is hereby amended to read as follows: “Grant limitations: up to two assistance grants, consisting of rent and/or utility assistance or mortgage and/or utility assistance, will be awarded per Household;” Attachment C, Section 2, page 9, the first sentence is hereby amended to read as follows: “The County shall make $178,900 of CARES funds available to the program that will be paid to COPA following execution of the Agreement.” October 20, 2020 E - 40 CARES SUBRECIPIENT AGREEMENT ATTACHMENT 1 ATTACHMENT 1 Page 2 Attachment C, Section 2, the last sentence is hereby amended to read as follows: “All funds are to be disbursed no later than November 30, 2020.” All other terms or conditions of the original Agreement not described or mentioned here remain unchanged and continue to have their full force and effect. October 20, 2020 E - 41 Date: October 20, 2020 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Public Hearing on 2021 Revenue Sources Background / Analysis: In accordance with State law, the 2021 City Manager Recommended Budget was filed with the City Clerk on October 9, 2020. In addition, a work session on the 2021 City Manager Recommended Budget will be held on October 27th, during which the City Manager, Finance Director and Budget Officer will review proposed revenues and expenditures for the City. To help guide the City in the preparation of the 2021 City Manager Recommended Budget, staff worked on continuing alignment with City priorities. The 2021 Budget is conservative to accommodate the uncertainty of revenue sources due to the current pandemic. Review of the City’s tax revenue sources, as well as the City’s other revenue sources, indicated that the near-term outlook for revenues for the City in the General Fund is guarded due to unknown financial impacts as a result of the COVID-19 pandemic. Council has provided clear direction to staff through strategic planning and adopted policies. Some of these focus areas include analyzing current and the possibility of new revenue sources and affordability to our citizens. All City revenues will be discussed in tonight’s presentation. Funding Overview: This presentation will provide Council and the public with detailed information proposed for the 2021 City Manager Recommended Budget. Summary: State law (RCW 84.55.120) requires that the City hold a public hearing to gain public input on revenue sources for the next fiscal year (2021) budget. The presentation to Council includes all revenue sources, including property tax, for the City’s General Fund, as well as providing information regarding revenue sources for all other funds within the 2021 City Manager Recommended Budget. The 2021 City Manager Recommended Budget will be presented to Council at a Workshop on October 27th. The budget is available for examination on the City’s website or upon request at the City Manager’s Office. Funding: No funding issues or expenditures are associated with the Public Hearing. Recommendation: It is recommended tonight that the City Council should: 1. Open the Public Hearing on 2021 Revenue Sources. 2. Close the Public Hearing. October 20, 2020 F - 1 Date: October 20, 2020 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Ordinance Authorizing the Refunding of the 2009 and 2010 Water and Wastewater Bonds and Department of Ecology Loans for the CSO Project Background / Analysis: In 2009 and 2010 the City issued bonds to cover expenses for capital projects in the Water, Wastewater and Stormwater utility. These bonds are callable effective November 1, 2019 and November 1, 2020, meaning the City is eligible to refinance these bonds for a lower interest rate or to redeem the bonds. Based on Staff analysis and consultation from the City’s bond advisors, Staff is recommending the refinancing of these bonds. Additionally, Staff and Counsel have identified two Department of Ecology loans obtained for the Combined Sewer Overflow (CSO) project that are recommended to be included in the refunding to achieve further savings with a lower interest rate. Staff is seeking Council approval to refund the 2009 and 2010 Water and Wastewater bonds in the amount of $10,580,000 with the inclusion of $18,282,200 in Department of Ecology loans for the CSO project. For a total bond issue not to exceed $29,000,000. Current market trends indicate that a public placement for the bond refunding would be more advantageous than a private placement. This means current interest rates favor a bidding environment. Additionally, because these bonds are recommended for a public sale the final interest rate and savings achieved by this refunding will not be known until the sale is complete. The ordinance attached for your consideration includes a limitation on the interest rate of 4.0% for this refunding. In addition, City policy states refinancing of debt should not occur if the resulting savings are under 3.0% of the current debt schedule. Summary: In 2009 and 2010 the City issued bonds to cover expenses for capital projects in the Water, Wastewater and Stormwater utility. These bonds are callable effective November 1, 2019 and November 1, 2020, meaning the City is eligible to refinance these bonds for a lower interest rate or to redeem the bonds. Based on Staff analysis and consultation from the City’s bond advisors, Staff is recommending the refinancing of these bonds. Additionally, Staff and Counsel have identified two Department of Ecology loans obtained for the Combined Sewer Overflow (CSO) project that are recommended to be included in the refunding to achieve further savings with a lower interest rate. Staff is seeking Council approval to refund the 2009 and 2010 Water and Wastewater bonds in the amount of $10,580,000 with the inclusion of $18,282,200 in Department of Ecology loans for the CSO project. Funding: Refunding the Water and Wastewater bonds will not change the City’s debt portfolio; however, the amount of savings realized from the refunding is estimated at $3.0 million over the life of the bond. Recommendation: Conduct the first reading of the Ordinance authorizing the refunding of the 2009 and 2010 Water & Wastewater bonds to include two Department of Ecology loans in an amount not to exceed $29,000,000, with an interest rate of not more than 4.0%, designate the City Manager and the Finance Director as signers for the sale of the bonds and continue to the November 4th meeting. G - 1October 20, 2020 Finally, due to timing, the public refunding of these bonds must be complete on the same day. For this reason, it is necessary for the Council to designate the City Manager and the Finance Director to sign on behalf of the City on the day of the sale. The City will also seek advisement from its financial advisor, Northwest Municipal Advisors and bond counsel, Pacifica Law, prior to and during the refunding as well. The refunding of these bonds would save the City an estimated $3.0 million over the remaining life of the bonds. Refunding will not change the overall life of the bond, nor will this change the City’s debt portfolio. The estimated savings resulting from the refunding will be realized from a reduction in interest rates expected with the refinancing of these bonds, similar to refinancing a home mortgage. Funding Overview: Refunding the Water and Wastewater bonds will not change the City’s debt portfolio; however, the amount of savings realized from the refunding is estimated at $3.0 million over the life of the bond. G - 2October 20, 2020 CITY OF PORT ANGELES, WASHINGTON WATER AND WASTEWATER UTILITY REVENUE REFUNDING BONDS, 2020 ______________________________________ ORDINANCE NO. 3666 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance of water and wastewater utility revenue refunding bonds of the City in the principal amount of not to exceed $29,000,000, to defease and refund certain outstanding water and wastewater utility revenue obligations, to make a deposit to the reserve account (if required), and to pay costs of issuing the bonds; providing the form, terms and covenants of the bonds; and delegating authority to approve the method of sale and final terms of the bonds. Passed November 3, 2020 Prepared By: PACIFICA LAW GROUP LLP Seattle, Washington G - 3October 20, 2020 -i- CITY OF PORT ANGELES, WASHINGTON ORDINANCE NO. 3666 TABLE OF CONTENTS Page Section 1. Definitions and Interpretation of Terms ..................................................................3 Section 2. Compliance with Parity Conditions .......................................................................12 Section 3. Authorization and Description of Bonds ...............................................................13 Section 4. Registration, Exchange and Payments ...................................................................14 Section 5. Redemption; Purchase of Bonds ............................................................................19 Section 6. Form of Bonds .......................................................................................................22 Section 7. Execution of Bonds ................................................................................................22 Section 8. Application of Bond Proceeds; Refunding Plan ....................................................23 Section 9. Revenue Fund ........................................................................................................26 Section 10. Rate Stabilization Fund ..........................................................................................27 Section 11. Bond Account ........................................................................................................28 Section 12. Adequacy of Revenues ..........................................................................................32 Section 13. Covenants and Agreements....................................................................................32 Section 14. Tax Covenants .......................................................................................................35 Section 15. Defeasance .............................................................................................................37 Section 16. Issuance of Future Parity Bonds ............................................................................38 Section 17. Sale of Bonds .........................................................................................................42 Section 18. Undertaking to Provide Ongoing Disclosure .........................................................44 Section 19. Supplements and Amendments ..............................................................................45 Section 20. Lost or Destroyed Bonds .......................................................................................47 Section 21. Severability ............................................................................................................47 Section 22. Effective Date ........................................................................................................47 G - 4October 20, 2020 ORDINANCE NO. 3666 AN ORDINANCE of the City of Port Angeles, Washington, authorizing the issuance of water and wastewater utility revenue refunding bonds of the City in the principal amount of not to exceed $29,000,000, to defease and refund certain outstanding water and wastewater utility revenue obligations, to make a deposit to the reserve account (if required), and to pay costs of issuing the bonds; providing the form, terms and covenants of the bonds; and delegating authority to approve the method of sale and final terms of the bonds. WHEREAS, the City of Port Angeles, Washington, a municipal corporation of the State of Washington (the “City”), owns and operates a storm water utility and a water and wastewater utility; and WHEREAS, pursuant to Section 2 of Ordinance No. 3407 passed by the City Council (the “Council”) on August 3, 2010, the City combined its storm water utility and water and wastewater utility, as such utilities may be added to, improved or extended from time to time (as combined, the “System”) for borrowing purposes, as permitted by Ordinance Nos. 3148 and 3375; and WHEREAS, the City has issued and has outstanding the following senior parity lien obligations of the System: Designation Date of Issue Authorizing Ordinance Principal Amount Outstanding as of September 1, 2020 Water and Wastewater Utility Revenue Refunding Bonds, 2009 (“2009 Bonds”) 09/29/2009 No. 3375 $ 2,960,000 Water and Wastewater Utility Revenue Bonds, 2010 (“2010 Bonds”) 08/17/2010 No. 3407 5,695,000 Water and Wastewater Utility Revenue Refunding Bonds, 2013 (“2013 Bonds”) 09/30/2013 No. 3481 1,925,000 (collectively, the “Outstanding Parity Bonds”); and G - 5October 20, 2020 -2- WHEREAS, the ordinances authorizing the 2009 Bonds and the 2010 Bonds provide that the City may call such bonds for redemption prior to maturity on or after November 1, 2019 and November 1, 2020, respectively, as a whole or in part on any date, at the price of par plus accrued interest, if any, to the date of redemption; and WHEREAS, the City has issued and has outstanding certain subordinate lien obligations of the System (as identified herein, the “Junior Lien Loans”) that may be prepaid prior to maturity, as a whole or in part on any date, at the price of par plus accrued interest, if any, to the date of prepayment; and WHEREAS, after due consideration it appears to this Council that all or a portion of the 2009 Bonds and 2010 Bonds may be defeased and/or refunded prior to maturity and all or a portion of the Junior Lien Loans may be prepaid prior to maturity by the proceeds of water and wastewater utility revenue refunding bonds authorized herein (the “Bonds”) and available funds of the City at a substantial savings to the City and its ratepayers; and WHEREAS, the ordinances authorizing the issuance of the Outstanding Parity Bonds (collectively, the “Outstanding Parity Bond Ordinances”) provide that additional water and wastewater utility revenue bonds may be issued on a parity of lien with the Outstanding Parity Bonds if certain conditions are met; and WHEREAS, this Council wishes to delegate authority to the Finance Director and City Manager (each, a “Designated Representative”), for a limited time, to approve the method of sale, to select the outstanding obligations for refunding and/or prepayment, and to approve the interest rates, maturity dates, redemption terms and principal maturities the Bonds within the parameters set by this ordinance; and WHEREAS, the Bonds authorized herein shall be sold by negotiated or competitive public sale as set forth herein; G - 6October 20, 2020 -3- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DO ORDAIN, as follows: Section 1. Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words have the following meanings: Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Agreement, but only to the extent that the same are acquired at Fair Market Value. Annual Debt Service, for any Fiscal Year or calendar year means the sum of: (a) the interest due in such year on all outstanding Parity Bonds excluding, however, interest to be paid from the proceeds of Parity Bonds, (b) the principal of all outstanding Serial Bonds due in such year, and (c) the Sinking Fund Requirement, if any, for such year. For purposes of satisfying the rate covenant in Section 13 and the Future Parity Bond test in Section 16, Annual Debt Service for any Fiscal Year or calendar year shall exclude any Debt Service Offsets. If the interest rate on any such bonds is other than a fixed rate, the rate applicable at the time of the computation shall be used; provided, however, that so long as the 2009 Bonds are outstanding the City may issue variable rate obligations payable from Gross Revenue only as provided in Section 16 of this ordinance. From and after such time as no 2009 Bonds remain outstanding, if the interest rate on any Parity Bonds is other than a fixed rate, the rate applicable at the time of computation shall be used unless such rate is less than an interest rate equal to the yield to maturity equal to the higher of (i) the average of the SIFMA Municipal Swap Index over the 60 month period immediately preceding the date of computation, or (ii) the average of the SIFMA Municipal Swap Index over the 12 month period immediately preceding the date of G - 7October 20, 2020 -4- computation, as determined within ten days prior to the date of computation or, if such computation is being made in connection with the certificate required for the issuance of Future Parity Bonds, then within ten days prior to the date of such certificate. Assessments mean assessments (including interest and penalties) levied in any utility local improvement district of the City for the acquisition or construction of additions and improvements to and extension of the System, if such assessments are pledged to be paid into the Bond Account. Average Annual Debt Service means the amount determined by dividing (a) the sum of all interest and principal to be paid on all Parity Bonds from the date of determination to the last maturity date of such Parity Bonds, by (b) the number of Fiscal Years or calendar years from and including the Fiscal Year or calendar year in which the determination is made to the last Fiscal Year or calendar year in which any of such Parity Bonds will be outstanding. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Account means the 1994 Water and Wastewater Utility Revenue Bond Fund created by Section 15 of Ordinance No. 2843 and continued pursuant to Section 11 of this ordinance. Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys, selected by the City, of nationally recognized standing in matters pertaining to the tax-exempt nature of interest on bonds issued by states and their political subdivisions. Bond Purchase Contract means the bond purchase contract, for the purchase of the Bonds sold by negotiated sale to the Underwriter, executed by a Designated Representative pursuant to this ordinance. G - 8October 20, 2020 -5- Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of a series of Bonds, maintained for the Bonds in the manner required pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agent of the State, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bonds mean the City’s Water and Wastewater Utility Revenue Refunding Bonds, 2020, issued in the aggregate principal amount of not to exceed $29,000,000 pursuant to this ordinance. City means the City of Port Angeles, a municipal corporation duly organized and existing under the laws of the State of Washington. City Clerk means the duly appointed and acting City Clerk of the City or the successor to the duties of that office. Certificate of Award means if any, a certificate awarding the Bonds sold by competitive sale to the successful bidder, executed by a Designated Representative pursuant to this ordinance. Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. Commission means the United States Securities and Exchange Commission. Continuing Disclosure Certificate means one or more written undertakings for the benefit of the owners and Beneficial Owners of any Bonds as required by Section (b)(5) of the Rule. Costs of Maintenance and Operation means all necessary operating expenses, current maintenance expenses, expenses of reasonable upkeep and repairs, and insurance and administrative expenses of the System, but excludes depreciation, payments for debt service or G - 9October 20, 2020 -6- into reserve accounts and costs of capital additions to or replacements of the System, taxation by the City or payments in lieu of taxes. Council means the Port Angeles City Council, as the general legislative body of the City as the same is duly and regularly constituted from time to time. Debt Service Account means the account of that name created in the Bond Account by Section 15 of Ordinance No. 2843 and continued pursuant to Section 11 of this ordinance. Debt Service Offset means receipts of the City that are not included in Gross Revenue and that are legally available to pay debt service on Parity Bonds, including without limitation federal interest subsidy payments, designated as such by the City. Designated Representative means the City Manager and the Finance Director and the successor to such offices, or his or her designee. The signature of one Designated Representative shall be sufficient to bind the City. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as initial depository for the Bonds or any successor substitute depository for the Bonds. Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Agreement means the Escrow Deposit Agreement to be dated as of the date of closing of the Bonds. Fair Market Value means the price at which a willing buyer would purchase an investment from a willing seller in a bona fide, arm’s-length transaction, except for specified investments as described in Treasury Regulation § 1.148-5(d)(6), including United States Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments for yield restricted defeasance escrows. Fair Market Value is generally determined on the date on which a contract G - 10October 20, 2020 -7- to purchase or sell an investment becomes binding, and, to the extent required by the applicable regulations under the Code, the term “investment” will include a hedge. Federal Tax Certificate means the certificate executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds to be dated as of the date of closing for such Bonds. Finance Director means the duly appointed and acting Finance Director of the City or the successor to the duties of that office. Fiscal Year means the fiscal year used by the City at any time. At the time of the passage of this ordinance, the Fiscal Year is the twelve-month period beginning January 1 of each year and ending December 31 of each year. Future Parity Bonds mean any revenue bonds, revenue warrants or other revenue obligations that may be issued in the future with a lien on money in the Revenue Fund to pay and secure the payment of the principal thereof and interest thereon equal to the lien created on the money in such Fund to pay and secure the payment of the principal of and interest on the Outstanding Parity Bonds and the Bonds. Government Obligations mean those obligations now or hereafter defined as such in chapter 39.53 RCW constituting direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, as such chapter may be hereafter amended or restated. Gross Revenue means all earnings, revenue and money, except Assessments, received by the City from or on account of the operation of the System, including proceeds from the sale, lease or other disposition of any of the properties or facilities of the System, and the income from investments of money in the Revenue Fund and any bond fund or from any other investment thereof except the income from investments irrevocably pledged to the payment of revenue bonds G - 11October 20, 2020 -8- pursuant to a plan of retirement or refunding. The term “Gross Revenue” does not include grants or bond proceeds, but does include federal or state reimbursements of operating expenses to the extent such expenses are included as “Costs of Maintenance and Operation.” Junior Lien Loans mean the following obligations eligible for prepayment: Loans from the Washington State Department of Ecology referred to as Loan No. L1200034 (2012) and Agreement WQC-2015-PorAngPW-00175 (2014). Letter of Representations means the Blanket Issuer Letter of Representations given by the City to DTC, as amended from time to time. Mayor means the duly elected and acting Mayor of the City or the successor to the duties of that office. Moody’s means Moody’s Investors Service Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, or its successor. MSRB means the Municipal Securities Rulemaking Board or any successor to its functions. Net Revenue means the Gross Revenue less the Costs of Maintenance and Operation. Official Statement means the disclosure document prepared and delivered in connection with the issuance of the Bonds. Outstanding Parity Bond Ordinances mean the ordinances authorizing the issuance of the Outstanding Parity Bonds identified in the recitals to this ordinance. Outstanding Parity Bonds means the parity water and wastewater utility revenue bonds of the City identified in the recitals to this ordinance. Parity Bonds means the Outstanding Parity Bonds, the Bonds and any Future Parity Bonds. Permitted Investments means investments that are legal investments for the City at the time of such investment; provided, however, the City shall comply with the definitions of G - 12October 20, 2020 -9- “Permitted Investments” as provided in the Outstanding Parity Bond Ordinances so long as the Outstanding Parity Bonds remain outstanding. Professional Utility Consultant means the independent person(s) or firm(s) selected by the City having a favorable reputation for skill and experience with water, wastewater and storm water systems of comparable size and character to the System in such areas as are relevant to the purposes for which they are retained. Qualified Insurance means any unconditional municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States or by a service corporation acting on behalf of one or more such insurance companies, which insurance company or service corporation, as of the time of issuance of such policy or surety bond, is then rated in one of the two highest rating categories by Moody’s, S&P or any other rating agency then maintaining a rating on the Bonds. Qualified Letter of Credit means any irrevocable letter of credit issued by a bank for the account of the City and for the benefit of the owners of Parity Bonds, provided that such bank maintains an office, agency or branch in the United States, and provided further, that, as of the time of issuance of such letter of credit, such bank is currently rated in one of the two highest rating categories by either Moody’s, S&P or any other rating agency then maintaining a rating on the Bonds. Rate Stabilization Fund means the fund of that name created pursuant to Section 13 of Ordinance No. 2843. Record Date means the close of business for the Bond Registrar that is 15 days preceding any interest and/or principal payment or redemption date. Refunded Bonds mean all or a portion of the Refunding Candidates as designated by a Designated Representative for refunding pursuant to this ordinance. G - 13October 20, 2020 -10- Refunding Account means the account by that name established pursuant to Section 8 of this ordinance. Refunding Candidates mean the outstanding 2009 Bonds, 2010 Bonds and Junior Lien Loans. Registered Owner means any person named as a registered owner of the Bonds in the Bond Register. So long as the Bonds are held in book entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Reserve Account means the account of that name in the Bond Account created pursuant to Ordinance No. 2843. Reserve Account Requirement means, as of any date of calculation, the lesser of maximum Annual Debt Service on the outstanding Parity Bonds or 125% of Average Annual Debt Service on the outstanding Parity Bonds; provided, that at the time of issuance of any series of Parity Bonds, the portion of the Reserve Account Requirement allocable to a series of Parity Bonds will not exceed 10% of the initial principal amount of that series of Parity Bonds. Following the full redemption, refunding or defeasance of all of the Outstanding Parity Bonds, the Reserve Account Requirement shall be amended to read “means with respect to the Bonds, the amount determined by the City, which may be zero, and with respect to any Future Parity Bonds, the amount set forth in the ordinance authorizing the Future Parity Bonds if such Parity Bonds are secured by the Reserve Account or another reserve fund or account.” Revenue Fund means the special fund of the City known as the “City of Port Angeles Water and Wastewater Utility Revenue Fund” created by the City pursuant to Section 2 of Ordinance No. 2843. Rule means the Commission’s Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. G - 14October 20, 2020 -11- Sale Document means a Bond Purchase Contract or Certificate of Award, if any, executed by a Designated Representative in connection with the sale of the Bonds pursuant to this ordinance. Serial Bonds means Parity Bonds other than Term Bonds. Sinking Fund Requirement means, for any Fiscal Year or calendar year, the principal amount of Term Bonds required to be purchased, redeemed or paid at maturity in such year as established by the ordinance of the City authorizing the issuance of such Term Bonds. State means the State of Washington. S&P means S&P Global Ratings, except that if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, then the term S&P shall be deemed to refer to any other nationally recognized securities rating agency (other than Moody’s) selected by the Authorized Representative of the City. System means the City’s combined water supply and distribution utility, sanitary sewage collection and wastewater treatment utility, and storm water utility as the same now exists and as it may hereafter be added to, improved and extended for as long as any of t he Bonds are outstanding. Term Bonds mean Parity Bonds of any principal maturity that are subject to mandatory redemption and for which mandatory sinking fund payments are required, including the Bonds identified as such in Section 5(b) of this ordinance. 2009 Bonds mean the City’s Water and Wastewater Utility Revenue Refunding Bonds, 2009, issued in the original principal amount of $7,590,000 under date of September 29, 2009, pursuant to Ordinance No. 3375 of the City. 2010 Bonds mean the City’s Water and Wastewater Utility Revenue Bonds, 2010, issued in the original principal amount of $5,695,000 under the date of August 17, 2010, pursuant to Ordinance No. 3407 of the City. G - 15October 20, 2020 -12- Underwriter means any underwriter for the Bonds, in the case of a negotiated sale, or initial purchaser or purchasers for the Bonds, in the case of a competitive sale, as selected by a Designated Representative pursuant to this ordinance. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term “hereafter” shall mean after, and the term “heretofore” shall mean before, the date of this ordinance; (2) Words of any gender shall mean and include correlative words of all genders, and words importing the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to “articles,” “sections” and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. Section 2. Compliance with Parity Conditions. The Outstanding Parity Bond Ordinances provide that the City may issue Future Parity Bonds upon compliance with certain conditions. The Council hereby finds, as required by those provisions of the Outstanding Parity Bond Ordinances, as follows: G - 16October 20, 2020 -13- First, at the time of issuance of the Bonds the City shall have on file a certificate satisfying the parity requirements of the Outstanding Parity Bond Ordinances; Second, that at the time of the passage of this ordinance and at the time of the issuance of the Bonds there is not nor will there be any deficiency in the Bond Account or the Reserve Account; and Third, this ordinance provides that (i) the principal of and interest on the Bonds are payable out of the Bond Account, (ii) payments will be made into the Bond Account to satisfy the Sinking Fund Requirements on any Term Bonds, and (iii) proceeds of the Bonds or other funds of the City legally available therefor will be deposited, if necessary, into the Reserve Account in an amount sufficient to satisfy the Reserve Account Requirement for the Bonds, all as required by the Outstanding Parity Bond Ordinances. The parity conditions contained in the Outstanding Parity Bond Ordinances having been complied with or assured, the payments required in this ordinance to be made out of the Revenue Fund into the Bond Account and the accounts held therein to pay and secure the payment of the principal of and interest on the Bonds shall constitute a lien and charge upon the money in such Revenue Fund equal in rank with the lien and charge thereon for the payments required to be made into the Bond Account to pay and secure the payment of the principal of and interest on the Outstanding Parity Bonds. Section 3. Authorization and Description of Bonds. For the purpose of defeasing and/or refunding the Refunded Bonds, funding the Reserve Account, if necessary, and paying costs of issuance of the Bonds, the City shall issue and sell its water and wastewater utility revenue refunding bonds in the aggregate principal amount of not to exceed $29,000,000 (the “Bonds”). The Bonds shall be designated, “City of Port Angeles, Washington, Water and Wastewater Utility Revenue Refunding Bonds, 2020”; with any series or other designation as determined by a G - 17October 20, 2020 -14- Designated Representative, shall be dated as of their date of delivery; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, within a maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; and shall bear interest from their date payable on the first days of each November and May, commencing as provided in the Sale Document; and shall mature on the dates and in the principal amounts set forth in the Sale Document and as approved by a Designated Representative pursuant to Section 17. The Bonds shall be obligations only of the Bond Account and the accounts held therein and shall be payable and secured as provided herein. The Bonds do not constitute an indebtedness or general obligation of the City within the meaning of the constitutional provisions and limitations of the State. Section 4. Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of a state fiscal agent. The City shall cause a bond register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its designated office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and G - 18October 20, 2020 -15- this ordinance and to carry out all of the Bond Registrar’s powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the certificate of authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as otherwise provided in this ordinance or in the Continuing Disclosure Certificate), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described below, but such Bond may be transferred as provided herein. All such payments made as described below shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. The City has executed and delivered to DTC the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor depository or its nominee shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean G - 19October 20, 2020 -16- DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of “Cede & Co.”, as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsecti on (2) below or such substitute depository’s successor; or (C) to any person as provided in subsection (4) below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, to gether with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. G - 20October 20, 2020 -17- (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the Beneficial Owners of the Bonds that such owners be able to obtain physical bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assi gnment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner’s duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond(s) (or Bonds at the option of the new Registered Owner) of the same date, series, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, series, maturity, and interest rate, in any authorized denomination. The Bond Registrar G - 21October 20, 2020 -18- shall not be obligated to register the transfer of or to exchange any Bond during the 15 days preceding any principal payment or redemption date. (f) Bond Registrar’s Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners or Beneficial Owners of Bonds. (g) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal thereof and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the Record Date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least by the Record Date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the designated office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bonds until it is paid. G - 22October 20, 2020 -19- Section 5. Redemption; Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Sale Document approved by a Designated Representative pursuant to Section 17. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Sale Document and as approved by a Designated Representative pursuant to Section 17. (b) Purchase of Bonds. The City reserves the right to use at any time any surplus Revenue of the System, or other available funds, to purchase for retirement any of the Bonds at any price deemed reasonable by the City. (c) Selection of Bonds for Redemption. If the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held by a depository, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c) or as otherwise provided in the applicable Sale Document. If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bonds of such series by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like G - 23October 20, 2020 -20- maturity, series, and interest rate in any of the denominations herein authorized. To the extent the City optionally redeems or purchases for retirement any Term Bond, any remaining mandatory sinking fund payment or mandatory prior redemption requirements for such Term Bond shall be reduced on a pro rata basis. (d) Notice of Redemption or Prepayment. (1) Official Notice. For so long as the Bonds are held by a depository, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) any conditions to redemption, G - 24October 20, 2020 -21- (E) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (F) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the designated office of the Bond Registrar. On or prior to any redemption date, unless any condition to such redemption has not been satisfied or waived or notice of such redemption has been rescinded, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given, or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give G - 25October 20, 2020 -22- all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to the Continuing Disclosure Certificate and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. Section 6. Form of Bonds. The Bonds shall be in substantially the following form set forth in Exhibit A, which is incorporated herein by this reference, with such changes thereto as may be approved by a Designated Representative. Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signatures of the Mayor and City Clerk of the City and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. Only such Bonds as shall bear thereon a certificate of authentication in the form set forth in Exhibit A, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such certificate of authentication shall be conclusive G - 26October 20, 2020 -23- evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bond may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. Section 8. Application of Bond Proceeds; Refunding Plan. (a) Application of Bond Proceeds. Proceeds of the Bonds, net of any underwriter’s discount or compensation, shall be disbursed as follows: (1) The amount necessary to prepay the outstanding Junior Lien Notes selected for refunding and designated as Refunded Bonds shall be deposited in the fund or account designated by the City, disbursed directly to the owner(s) of the Junior Lien Notes, and/or disbursed to the Escrow Agent under the terms of the Escrow Agreement and used immediately thereafter to prepay the Junior Lien Notes designated for refunding; (2) The amount necessary to carry out the plan of refunding for the 2009 Bonds and 2010 Bonds that are selected for refunding and designated as Refunded Bonds shall be transferred to the Escrow Agent and used as provided herein and in the Escrow Agreement; (3) The amount necessary, if any, to satisfy the Reserve Account Requirement shall be deposited into the Reserve Account; and G - 27October 20, 2020 -24- (4) The remaining proceeds of the Bonds shall be transferred to the Escrow Agent or deposited with the City and used to pay costs of issuance of the Bonds as set forth in the closing memorandum prepared in connection with the issuance of the Bonds. Any part of the proceeds of the Bonds remaining after such disbursements are made may be transferred to the Debt Service Account. (b) Refunding Plan. For the purpose of realizing a debt service savings and benefiting the ratepayers of the System, the Council proposes to refund and/or defease the Refunded Bonds as set forth herein. The Refunded Bonds shall include those Refunding Candidates designated by a Designated Representative when the Bonds are sold pursuant to the Sale Document. Proceeds of the Bonds and other available funds of the City, if any, deposited with the Escrow Agent pursuant to the Escrow Agreement shall be used immediately upon receipt thereof to prepay the Junior Lien Notes, as applicable, to defease and refund the 2009 Bonds and 2010 Bonds designated as Refunded Bonds as authorized by Ordinance No. 3375 and Ordinance No. 3407, and to pay costs of issuance of the Bonds. Proceeds of the Bonds deposited with the Escrow Agent shall be held as cash and/or used to purchase certain Government Obligations (which obligations so purchased, are herein called “Acquired Obligations”), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of interest and principal on the 2009 Bonds and the 2010 Bonds designated as Refunded Bonds on or prior to the respective first calls dates for such Refunded Bonds. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. Each Designated Representative is authorized to select a bidding agent, if any (and G - 28October 20, 2020 -25- authorizes each Designated Representative to appoint any successor or replacement bidding agent) for the purchase of the Acquired Obligations to be deposited with the Escrow Agent. (c) Escrow Agent/Escrow Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent (the “Escrow Agent”). A beginning cash balance, if any, and any Acquired Obligations shall be deposited irrevocably with the Escrow Agent as described in the Escrow Agreement. Any proceeds of the Bonds remaining after acquisition of the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and expenses of the issuance of the Bonds. In order to carry out the purposes of this section, each Designated Representative is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Agreement. (d) Call for Redemption of Refunded Bonds. The City hereby irrevocably calls the Refunded Bonds for redemption on their first call dates in accordance with the provisions of the authorizing ordinances or agreements authorizing the redemption and retirement of the Refunded Bonds prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of such Bonds and delivery of the money and/or Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of their authorizing ordinances or agreements. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the payments specified in this section. All such sums shall be paid from the G - 29October 20, 2020 -26- moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to said Finance Director shall be credited to the Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. Section 9. Revenue Fund. Pursuant to Ordinance No. 2843, there has been created a fund of the City known as the “City of Port Angeles Water and Wastewater Utility Revenue Fund,” which fund is hereby confirmed and continued. The City hereby obligates and binds itself to pay all Gross Revenue as collected into the Revenue Fund. The money in the Revenue Fund shall be held separate and apart from all other funds and accounts of the City. The Gross Revenu e deposited in the Revenue Fund shall be used only for the following purposes and in the following order of priority: FIRST, to pay the Costs of Maintenance and Operation and to maintain a balance in the Revenue Fund sufficient in amount to enable the City to continuously meet Costs of Maintenance and Operation on a current basis; SECOND, to make all payments required to be made into the Bond Account to pay the interest on any Parity Bonds; THIRD, to make all payments required to be made into the Bond Account to pay the maturing principal of any Serial Bonds and to make all payments required to be made into the Bond Account to satisfy the Sinking Fund Requirement; G - 30October 20, 2020 -27- FOURTH, to make all payments required to be made pursuant to a reimbursement agreement or agreements (or other equivalent documents, including the payment obligations to the insurers for the 2009 Bonds and the 2010 Bonds) in connection with Qualified Insurance or a Qualified Letter of Credit; provided that if there is not sufficient money to make all payments under reimbursement agreements the payments will be made on a pro rata basis; FIFTH, to make all payments required to be made into the Reserve Account to secure the payment of the principal of and interest on outstanding Parity Bonds secured by the Reserve Account and, following the full redemption, refunding or defeasance of all of the Outstanding Parity Bonds, into any other reserve account created to secure the payment of the principal of and interest on Parity Bonds, an amount necessary to provide for or maintain the Reserve Account Requirement applicable to such Parity Bonds; SIXTH, to make all payments required to be made into any revenue bond redemption fund, revenue warrant redemption fund, debt service account, reserve account or bond retirement account created to pay and secure the payment of the principal of and interest on any revenue bonds, or revenue warrants or other revenue obligations of the City, including the State Loans, having a lien upon Gross Revenue junior and inferior to the lien thereon for the payment of the principal of and interest on the Parity Bonds; and SEVENTH, to retire by redemption or purchase in the open market any outstanding water and wastewater utility revenue bonds, warrants or obligations of the System, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the System, to make deposits into the Rate Stabilization Fund, or for any other lawful City purposes. Section 10. Rate Stabilization Fund. Pursuant to Ordinance No. 2843, a special fund of the City designated the “Water and Wastewater Rate Stabilization Fund” (the “Rate Stabilization Fund”) has been established in anticipation of future increases in revenue requirements of the G - 31October 20, 2020 -28- System, which fund is hereby confirmed and continued. The City may from time to time appropriate or budget amounts in the Revenue Fund for deposit in the Rate Stabilization Fund and may from time to time withdraw amounts therefrom for deposit in the Revenue Fund to prevent or mitigate water and wastewater rate increases or for other lawful purposes of the City related to the System. Such deposits or withdrawals may be made up to and including the date ninety (90) days after the end of the fiscal year for which the deposit or withdrawal will be effective. Section 11. Bond Account. Pursuant to Ordinance No. 2843, there has been created a fund of the City known as the “1994 Water and Wastewater Utility Revenue Bond Fund” (the “Bond Account”), which fund and the accounts therein are hereby confirmed and continued. The Bond Account is to be drawn upon for the sole purpose of paying the principal of, premium if any, and interest on any Parity Bonds. The money in the Bond Account shall be kept separate and apart from all other funds and accounts of the City. All funds in the Bond Account are held in trust for the benefit of the owners of all Parity Bonds at the time outstanding equally and ratably and without preference or distinction as between Parity Bonds of different series and maturities. (a) Debt Service Account. A special account known as the Debt Service Account has been created in the Bond Account for the purpose of paying the principal of, premium, if any, and interest on the Parity Bonds. As long as any of the Bonds remain outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Revenue Fund into the Debt Service Account, on or before the date due, those amounts necessary, together with Gross Revenue collected and deposited and such other money as is on hand and available therefor in the Debt Service Account, to pay the interest or principal and interest next coming due on the outstanding Bonds. The City covenants and agrees that if it issues any Future Parity Bonds that are Term Bonds, it will provide in each ordinance authorizing the issuance of the same for annual payments G - 32October 20, 2020 -29- to be made from the Revenue Fund into the Debt Service Account sufficient, together with Gross Revenue collected and deposited and such other money as is on hand and available therefor in such account, to amortize the principal of future Parity Bonds that are Term Bonds on or before the maturity date thereof. (b) Reserve Account. The Reserve Account has been created in the Bond Account as a common debt service reserve account and, except as provided below, shall be used solely for the purpose of securing the payment of the principal of and the interest on all Parity Bonds secured by the Reserve Account. The Bonds shall initially be secured by the Reserve Account. The City hereby covenants and agrees that it will satisfy the Reserve Account Requirement for the Bonds by depositing into the Reserve Account, from proceeds of the Bonds or other available funds, an amount that will be sufficient to satisfy the Reserve Account Requirement with respect to the Bonds. Following the full redemption, refunding or defeasance of all of the Outstanding Parity Bonds, the City may, in its sole discretion, (i) reduce the Reserve Account Requirement for the Bonds to zero, and from and after such time, the Bonds shall no longer be secured by the Reserve Account, and (ii) create separate reserve funds and/or accounts and establish separate Reserve Account Requirements, if any, to secure the payment of the principal of and interest on Future Parity Bonds. Terms related to any such reserve funds and/or accounts shall be provided for in the ordinance authorizing the issuance of such Future Parity Bonds. The City further covenants and agrees that if it issues any Future Parity Bonds secured by the Reserve Account it will provide in each ordinance authorizing the issuance of those Future Parity Bonds that on or prior to the date of issuance of such Future Parity Bonds money will be deposited into the Reserve Account, from proceeds of such bonds or other funds available therefor, so that the total amount of money in the Reserve Account will at least equal the Reserve Account G - 33October 20, 2020 -30- Requirement. The City may substitute Qualified Insurance or a Qualified Letter of Credit for amounts required to be deposited into the Reserve Account. Such Qualified Letter of Credit or Qualified Insurance shall not be cancellable on less than five years notice. In the event of any cancellation, the Reserve Account shall be funded in accordance with the provisions of this section providing for payment in the event of a deficiency therein, as if the Parity Bonds that remain outstanding had been issued on the date of such notice of cancellation. The City further covenants and agrees that when the required deposits have been made into the Reserve Account, it will at all times maintain therein an amount at least equal to the Reserve Account Requirement, as redetermined in each calendar year with respect to the bonds secured by such Reserve Account. Whenever there is a sufficient amount in the Bond Account, including all accounts therein, to pay the principal of, premium, if any, and interest on all outstanding Parity Bonds, the money in the Reserve Account may be used to pay the principal of, premium, if any, and interest on the Parity Bonds secured thereby. Money in the Reserve Account may also be withdrawn to redeem and retire, and to pay the premium, if any, and interest due to such date of redemption, on the outstanding Parity Bonds secured by such Reserve Account, as long as the money remaining on deposit in such Reserve Account is at least equal to the Reserve Account Requirement determined with respect to the Parity Bonds secured by the Reserve Account then outstanding. So long as the Bonds are secured by the Reserve Account, if the Bonds outstanding are ever refunded, the money set aside in the Reserve Account to secure the payment thereof may be used to retire Bonds or may be transferred to any other reserve account that may be created to secure the payment of any bonds issued to refund the Bonds. If there is a deficiency in the Debt Service Account to meet maturing installments of either interest on or principal of and interest on the outstanding Parity Bonds payable out of such Reserve G - 34October 20, 2020 -31- Account, such deficiency shall be made up from the Reserve Account by the withdrawal of money therefrom and by the sale or redemption of obligations held in the Reserve Account, if necessary, in such amounts as will provide cash in the Reserve Account sufficient to make up any such deficiency, and if a deficiency still exists immediately prior to an interest payment date and after the withdrawal of cash, the City shall then draw from any Qualified Letter of Credit, Qualified Insurance, or other equivalent credit facility in sufficient amount to make up the deficiency. Such draw shall be made at such times and under such conditions as the agreement for such Qualified Letter of Credit or such Qualified Insurance shall provide. If more than one Qualified Letter of Credit or Qualified Insurance is available, draws shall be made ratably thereon to make up the deficiency. Any deficiency created in the Reserve Account by reason of any such withdrawal shall then be made up from money in the Revenue Fund first available after making the payments required to be made under paragraphs “FIRST” through “FOURTH” of Section 9 of this ordinance. (c) Lien of Bond Account. The Bonds, together with the interest thereon, shall be payable from Gross Revenue, and such Gross Revenue is hereby pledged and set aside out of the Revenue Fund into the Bond Account. Said amounts so pledged are hereby declared to be a lien and charge upon Gross Revenue and the money in the Revenue Fund equal to the lien and charge thereon to secure and pay the principal of and interest on the Outstanding Parity Bonds, the Bonds and any Future Parity Bonds and superior to all other charges of any kind or nature, except the Costs of Maintenance and Operation. (d) Investment of Money in Bond Account. All money in the Debt Service Account or Reserve Account may be kept in cash or invested in Permitted Investments maturing not later than the last maturity of the Bonds outstanding at the time of such purchase. Interest earned on or profits made from the sale of such investments shall be deposited in and become a part of the Revenue Fund. G - 35October 20, 2020 -32- Section 12. Adequacy of Revenues. The Council hereby declares that in fixing the amounts to be paid into the Bond Account as hereinbefore provided it has exercised due regard for the Costs of Maintenance and Operation and has not obligated the City to set aside and pay into the Bond Account a greater amount of money in the Revenue Fund than in its judgment will be available over and above such Costs of Maintenance and Operation. Section 13. Covenants and Agreements. The City hereby covenants with the owner of each of the Bonds for as long as any of the same remain outstanding as follows: (a) Rates and Charges. The City will establish, maintain and collect lawful rates and charges for the use of the services and facilities of the System, and will adjust such rates and charges from time to time so that: (1) Gross Revenue will at all times be sufficient (a) to pay all Costs of Maintenance and Operations and to pay all taxes, assessments or other governmental charges lawfully imposed on the System or the revenue therefrom or payments in lieu thereof and any and all other amounts that the City may now be and hereafter become obligated to pay from Gross Revenue by law or contract, and (b) together with Assessments actually collected, to pay the principal of and interest on all outstanding Parity Bonds as and when the same become due and payable, to make all payments required to be made into the Bond Account to satisfy the Sinking Fund Requirement, and to make when due all payments required to be made into the Reserve Account. (2) The Net Revenue in each Fiscal Year will equal at least 1.25 times Annual Debt Service for such year (after deducting Assessments actually collected for such year). For the purpose of meeting the requirement of this paragraph there may be added to Net Revenue for any Fiscal Year any amount withdrawn from the Rate Stabilization Fund and deposited in the Revenue Fund. There shall be subtracted from Net Revenue for any Fiscal Year any amounts in such year G - 36October 20, 2020 -33- withdrawn from the Revenue Fund and deposited into the Rate Stabilization Fund in such Fiscal Year. Annual Debt Service for purposes of this rate covenant shall be adjusted to reflect any Debt Service Offset. (b) Maintenance of System. The City will at all times keep and maintain the System in good repair, working order and condition, and will at all times operate the same and the business in connection therewith in an efficient manner and at a reasonable cost. (c) Sale or Disposition of the System. The City will not sell or otherwise dispose of the System in its entirety unless simultaneously with such sale or other disposition, the City provides for payment into the Bond Account of cash or Government Obligations sufficient together with interest to be earned thereon to pay the principal of and interest on the then outstanding Parity Bonds, nor will the City sell or otherwise dispose of any part of the useful operating properties of the System unless the City receives the prior written consent of the municipal bond insurer for the 2009 Bonds (so long as the 2009 Bonds are outstanding) and the municipal bond insurer for the 2010 Bonds (so long as the 2010 Bonds are outstanding) and replaces such facilities or provides for payment into the Bond Account of the greater of: (1) An amount that will be in the same proportion to the net amount of Parity Bonds then outstanding (defined as the total amount of the Parity Bonds less the amount of cash and investments in the Bond Account and accounts therein) that the Net Revenue from the portion of the System sold or disposed of for the preceding year bears to the total Net Revenue for such period; or (2) An amount that will be in the same proportion to the net principal amount of Parity Bonds then outstanding that the book value of the part of the System sold or disposed of bears to the book value of the entire System immediately prior to such sale or disposition. G - 37October 20, 2020 -34- The proceeds of any such sale or disposition of a portion of the properties of the System (to the extent required above) shall be paid into the Bond Account. Notwithstanding any other provision of this subsection, the City may sell or otherwise dispose of any of the works, plant, properties and facilities of the System or any real or personal property comprising a part of the same with a value less than 2% of the net utility plant of the System or that has become unserviceable, inadequate, obsolete or unfit to be used in the operation of the System, or no longer necessary, material to or useful in such operation, without making any deposit into the Bond Account. (d) Collection of Assessments. The City will promptly collect all Assessments levied in any utility local improvement district now or hereafter created to secure the payment of the principal of and interest on any Parity Bonds and shall pay the same into the Bond Account without allocation of such Assessments to any particular series of Parity Bonds. It is hereby provided further, however, that nothing in this ordinance or in this subsection shall be construed to prohibit the City from issuing revenue bonds having a lien on Gross Revenue junior to the lien on such revenue for the payment of the principal of and interest on Parity Bonds and pledging as security for the payments of such junior lien bonds assessments levied in any utility local improvement district that may have been created to pay part or all the cost of improvements to the System for which such junior lien revenue bonds were specifically issued; provided, however, that the City may not agree to acceleration as a remedy with respect to any bonds or other obligations having a lien on Gross Revenue junior to the lien thereon of any Parity Bonds. (e) Books and Accounts. The City will maintain complete books and records relating to the operation of the System and its financial affairs, and will cause such books and records to be audited annually, and cause to be prepared an annual financial and operating statement, which statement will be mailed to any owner of Parity Bonds upon request. G - 38October 20, 2020 -35- (f) Insurance. The City will carry fire and extended coverage insurance on the System as is ordinarily carried on the property of similar public utilities by other municipal corporations engaged in the operation of the same, to the full insurable value thereof, and will also carry adequate public liability insurance and other kinds of insurance as under good practices are ordinarily carried on the properties of similar public utilities by private companies engaged in the operation of the same; provided, however, that the City may, if the Council deems necessary and advisable, institute or continue a self-insurance program with respect to any or all of the aforementioned risks. The premiums paid for all such insurance shall be regarded and paid as a Cost of Maintenance and Operation. (g) Delinquencies. The City will promptly collect all service charges and Assessments, determine in a timely manner all delinquencies, and take all necessary legal action to enforce collection of such delinquencies. (h) No Free Service. Except as permitted by law, the City will not furnish any service of the System to any customer whatsoever free of charge. Section 14. Tax Covenants. The City will take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds, including but not limited to the following: (a) Private Activity Bond Limitation. The City will assure that the proceeds of the Bonds are not so used as to cause the Bonds to satisfy the private business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code. (b) Limitations on Disposition of Project. The City will not sell or otherwise transfer or dispose of (i) any personal property components of the projects financed or refinanced with proceeds of Bonds other than in the ordinary course of an established government program under G - 39October 20, 2020 -36- Treasury Regulation Section 1.141-2(d)(4) or (ii) any real property components of the projects financed or refinanced with proceeds of Bonds, unless it has received an opinion of nationally recognized bond counsel to the effect that such disposition will not adversely affect the treatment of interest on the Bonds as excludable from gross income for federal income tax purposes. (c) Federal Guarantee Prohibition. The City will not take any action or permit to suffer any action to be taken if the result of such action would be to cause any of the Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Code. (d) Rebate Requirement. The City will take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Bonds. (e) No Arbitrage. The City will not take, or permit or suffer to be taken, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code. (f) Registration Covenant. The City will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code until all Bonds have been surrendered and canceled. (g) Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Bonds for at least three years after the Bonds mature or are redeemed (whichever is earlier); however, if the Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring at least three years after the earlier of the maturity or redemption of the obligations that refunded the Bonds. (h) Compliance with Federal Tax Certificate. The City will comply with the provisions G - 40October 20, 2020 -37- of the Federal Tax Certificate with respect to the Bonds, which are incorporated herein as if fully set forth herein. (i) Bank Qualification. In the Federal Tax Certificate executed in connection with the issuance of the Bonds, the City may designate such Bonds as “qualified tax-exempt obligations” under Section 265(b)(3) of the Code for investment by financial institutions. The covenants of this section will survive payment in full or defeasance of the Bonds. Section 15. Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Debt Service Account or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Debt Service Account for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Debt Service Account or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. In the event that the refunding plan provides that the Bonds being refunded or the refunding bonds to be issued be secured by money and/or government obligations pending the prior redemption of those Bonds being refunded and if such refunding plan also provides that certain money and/or Government Obligations are pledged irrevocably for the prior redemption of those Bonds included in the refunding plan, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding G - 41October 20, 2020 -38- plan, shall be included in any computation of the coverage requirement for the issuance of Future Parity Bonds and the annual computation of coverage for determining compliance with the rate covenant. The City shall give written notice of defeasance to the owners of all Bonds to each party entitled to receive notice in accordance with Section 18. Section 16. Issuance of Future Parity Bonds. The City hereby further covenants and agrees with the owners of the Bonds for as long as any of the same remain outstanding as follows: (a) Parity Conditions. That it will not issue any bonds with a lien on Gross Revenue superior to the lien of the Bonds on such revenue. The City may issue Future Parity Bonds for: First, the purpose of acquiring, constructing and installing additions and improvements to and extensions of, acquiring necessary equipment for, or making necessary replacements or repairs and capital improvements to the System; or Second, the purpose of refunding or purchasing and retiring at or prior to their maturity any outstanding revenue bonds or other obligations payable out of Gross Revenue; and to pledge that payments be made into the Bond Account for the payment of the principal thereof and interest thereon out of the Revenue Fund sufficient to pay the principal of and interest on such Future Parity Bonds and to maintain the reserves required therefor, which such payments may rank equally with the payments out of such Revenue Fund into the Bond Account and the Reserve Account (if such Future Parity Bonds are secured by the Reserve Account) to pay and secure the payment of the principal of and interest on any Parity Bonds then outstanding, upon compliance with the following conditions: (1) That at the time of the issuance of such Future Parity Bonds there is no deficiency in the Bond Account and the Reserve Account or any other reserve account created to secure the principal of and interest on Parity Bonds. G - 42October 20, 2020 -39- (2) If there are special assessments levied in any utility local improvement district in which additions and improvements to and extensions of the System will be constructed from the proceeds of such Future Parity Bonds, the ordinance authorizing such Future Parity Bonds must require that such special assessments be paid into the Bond Account. (3) If there are special assessments pledged to be paid into a warrant or bond redemption fund for revenue bonds or warrants being refunded by Future Parity Bonds, the ordinance authorizing such Future Parity Bonds must require such special assessments to be used for the refunding or paid into the Bond Account. (4) The principal of and interest on the Future Parity Bonds will be payable out of the Bond Account, and the ordinance authorizing their issuance must further provide for payments into the Bond Account to satisfy the Sinking Fund Requirement and, for any Future Parity Bonds secured by the Reserve Account, payments into the Reserve Account to satisfy the Reserve Account Requirement, all as required by Section 11 of this ordinance. (5) Prior to the delivery of any Future Parity Bonds, the City must have on file in the office of the City Clerk either: (A) from and after such time as no 2009 Bonds remain outstanding, a certificate of the Finance Director showing that the Net Revenue (without the adjustments described in subsection (a)(5)(B) below) in any twelve (12) consecutive months out of the twenty- four (24) months immediately preceding the delivery of the bonds then proposed to be issued, as determined from the financial statements of the System, will equal at least 1.25 times the Annual Debt Service (after deducting Assessments, allocated to the years in which they would be received if the unpaid balance of each assessment roll were paid in the remaining number of installments with interest on the declining balance at the times and at the rate provided in the ordinance confirming the assessment roll) for each such calendar or Fiscal Year for all Parity Bonds plus the G - 43October 20, 2020 -40- Future Parity Bonds proposed to be issued. Annual Debt Service for purposes of this test shall be adjusted to reflect any Debt Service Offset; or (B) a certificate of a Professional Utility Consultant showing: that the Net Revenue determined and adjusted as hereafter provided for each calendar or Fiscal Year after the issuance of such Future Parity Bonds (the “Adjusted Net Revenue”) will equal at least 1.25 times the Annual Debt Service (after deducting Assessments, allocated to the years in which they would be received if the unpaid balance of each assessment roll were paid in the remaining number of installments with interest on the declining balance at the times and at the rate provided in the ordinance confirming the assessment roll) for each such calendar or Fiscal Year for all Parity Bonds plus the Future Parity Bonds proposed to be issued. Annual Debt Service for purposes of this test shall be adjusted to reflect any Debt Service Offset. The Adjusted Net Revenue shall be the Net Revenue for a period of any twelve (12) consecutive months out of the twenty-four (24) months immediately preceding the date of delivery of such proposed Future Parity Bonds as adjusted by such Professional Utility Consultant to take into consideration changes in Net Revenue estimated to occur under the following conditions for each year after such delivery for so long as any Parity Bonds, including the Future Parity Bonds proposed to be issued, shall be outstanding: (i) The additional Net Revenue that would have been received if any change in rates and charges adopted prior to the date of such certificate and subsequent to the beginning of such twelve (12)-month period, had been in force during the full twelve (12)-month period; (ii) The additional Net Revenue that would have been received if any facility of the System that became fully operational after the beginning of such twelve (12)-month period had been so operating for the entire period; and G - 44October 20, 2020 -41- (iii) The additional Net Revenue estimated by such Professional Utility Consultant to be received as a result of any additions, betterments and improvements to and extensions of any facilities of the System that are (a) under construction at the time of such certificate or (b) will be constructed from the proceeds of the Future Parity Bonds to be issued. Such Professional Utility Consultant may rely upon, and his or her certificate shall have attached thereto, financial statements of the System certified by the Finance Director showing income and expenses for the period upon which the same is based. The certificate of such Professional Utility Consultant shall be conclusive and the only evidence required to show compliance with the provisions and requirements of this subsection (a)(5)(B). (b) Refunding. Notwithstanding the foregoing requirement, if Future Parity Bonds are to be issued for the purpose of refunding at or prior to their maturity any part or all of the then outstanding Parity Bonds, the certificate described in subsection (a)(5) of this section is not required if the Finance Director provides a certificate stating that upon the issuance of such Future Parity Bonds (1) total debt service on all Parity Bonds (including the refunding bonds but not including the bonds to be refunded thereby) will decrease, and (2) the Annual Debt Service for each year that any Parity Bonds (including the refunding bonds proposed to be issued) will be outstanding will not increase by more than $5,000 by reason of the issuance of such Future Parity Bonds. (c) Junior Lien Obligations. Nothing herein contained shall prevent the City from issuing any revenue bonds, warrants or other obligations that are a charge upon the money in the Revenue Fund junior or inferior to the payments required by this ordinance to be made into the Bond Account and the Reserve Account; provided, however, that the City may not agree to G - 45October 20, 2020 -42- acceleration as a remedy with respect to any bonds or other obligations having a lien on Gross Revenue junior to the lien thereon of any Parity Bonds. (d) Variable Rate Obligations. The City may not issue variable rate obligations payable from Gross Revenue without the prior written consent of the municipal bond insurers providing insurance for the 2009 Bonds (but for only so long as such 2009 Bonds remain outstanding) and the 2010 Bonds (but for only so long as such 2010 Bonds remain outstanding). Section 17. Sale of Bonds. (a) Sale. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representatives, for a limited time, the authority to select the Refunded Bonds from the Refunding Candidates, and to approve the method of sale, final interest rates, maturity dates, redemption terms and principal maturities for the Bonds. Each Designated Representative is each hereby authorized to approve the issuance of Bonds and to approve a competitive bond sale or a negotiated bond sale for the Bonds, as set forth below. (b) Negotiated Bond Sale. If a Designated Representative determines that the Bonds are to be sold by negotiated public sale, a Designated Representative shall solicit proposals from one or more qualified underwriting firms and shall select one or more Underwriters that submit the proposal(s) that is in the best interest of the City. Such Bonds shall be sold to such Underwriter(s) pursuant to the terms of a Bond Purchase Contract. (c) Competitive Sale. If a Designated Representative determines that the Bonds are to be sold at a competitive public sale, a Designated Representative shall: (1) establish the date of the public sale; (2) establish the criteria by which the successful bidder will be determined; (3) request that a good faith deposit in an amount not less than one percent of the principal amount of the offering accompany each bid; (4) cause notice of the public sale to be given; and (5) provide for G - 46October 20, 2020 -43- such other matters pertaining to the public sale as he or she deems necessary or desirable. Such Bonds shall be awarded to the Underwriter pursuant to the terms of a Certificate of Award. (d) Sale Parameters. Subject to the terms and conditions set forth in this Section 17, each Designated Representative is hereby authorized to approve the method of sale, to select the Refunded Bonds from the Refunding Candidates, and to approve the final interest rates, aggregate principal amount, principal maturities, and redemption rights of the Bonds in the Sale Document; provided herein so long as: (1) the aggregate principal (face) amount of all Bonds issued pursuant to this ordinance does not exceed $29,000,000, (2) the final maturity date for the Bonds issued under this ordinance is no later than November 1, 2036, (3) the Bonds sold for the purpose of refunding all or a portion of the Refunded Bonds are sold for a price that results in a minimum aggregate net present value debt service savings over the Refunded Bonds to be refunded of at least 3.00%, (4) the true interest cost for the Bonds (in the aggregate) does not exceed 4.00%, and (5) the aggregate purchase price for the Bonds shall not be less than 96% of the aggregate stated principal amount of the Bonds. Subject to the terms and conditions set forth in this section, each Designated Representative is hereby authorized to execute the Sale Document on behalf of the City. Following the execution of the Sale Document, a Designated Representative shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representatives by this Section 17 to execute the Sale Document shall expire one year (365 days) after the effective date of this ordinance. If a Sal e G - 47October 20, 2020 -44- Document for the Bonds has not been executed by such date, the authorization for the issuance of such Bonds shall be rescinded, and such Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the Council. The ordinance re- authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a Sale Document or establishing terms and conditions for the authority delegated under this Section 17. (e) Delivery of Bonds; Documentation. The proper officials of the City, including the Finance Director, the Mayor and the City Clerk, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the applicable Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the Sale Document. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on all or a portion of the Bonds as provided therein, if such insurance is determined by a Designated Representative to be in the best interest of the City. (c) Preliminary and Final Official Statements. Each Designated Representative is hereby authorized to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. Each Designated Representative is further authorized to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed to be appropriate. Section 18. Undertaking to Provide Ongoing Disclosure. The City covenants to execute and deliver at the time of issuance of the Bonds a Continuing Disclosure Certificate. Each G - 48October 20, 2020 -45- Designated Representative is hereby authorized to execute and deliver a Continuing Disclosure Certificate upon the issuance, delivery and sale of the Bonds with such terms and provisions as such officer shall deem appropriate and in the best interests of the City. Section 19. Supplements and Amendments. (a) The Council from time to time and at any time may adopt an ordinance or ordinances supplemental hereof, which ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more or all of the following purposes: (1) To add to the covenants and agreements of the City in this ordinance other covenants and agreements thereafter to be observed, which shall not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect, or to surrender any right or power herein reserved to or conferred upon the City. (2) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this ordinance in regard to such matters or questions as the Council may deem necessary or desirable and not inconsistent with this ordinance and which shall not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect. (3) To amend or supplement any provision contained in this ordinance for the purpose of obtaining or maintaining a rating on the Bonds so long as such amendment or supplement is not inconsistent with this ordinance and will not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect. Any such supplemental ordinance of the Council may be passed without the consent of the owners of any Bonds at any time outstanding, notwithstanding any of the provisions of subsection (b) of this section; provided, however, that the City shall obtain an opinion of nationally recognized bond counsel to the effect that such supplemental ordinance complies with this G - 49October 20, 2020 -46- subsection (a) and will not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect. (b) With the consent of the owners of not less than 65% in aggregate principal amount of the Parity Bonds at the time outstanding, the Council may adopt an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this ordinance or of any supplemental ordinance; provided, however, that no such supplemental ordinance shall: (1) Extend the fixed maturity of any Parity Bonds, or reduce the rate of interest thereon, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the owner of each bond so affected; or (2) Reduce the aforesaid percentage of bond owners required to approve any such supplemental ordinance, without the consent of the owners of all of the Parity Bonds then outstanding. It shall not be necessary for the consent of bond owners under this subsection (b) to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if such consent shall approve the substance thereof. (c) Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this ordinance shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations of the City under this ordinance and all owners of Bonds outstanding hereunder shall thereafter be determined, exercised and enforced thereunder, subject in all respects to such modification and amendments, and all the terms and conditions of any such supplemental ordinance shall be deemed to be part of the terms and conditions of this ordinance for any and all purposes. G - 50October 20, 2020 -47- Section 20. Lost or Destroyed Bonds. In case any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the Registered Owner thereof if the owner pays the expenses a nd charges of the Bond Registrar and the City in connection therewith and files with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity satisfactory to both. Section 21. Severability. If a court of competent jurisdiction declares that any one or more of the covenants and agreements in this ordinance to be performed by the City are contrary to law, then such covenant or covenants, agreement or agreements, will be null and void and will be deemed separable from the remaining covenants and agreements in this ordinance and will in no way affect the validity of other provisions of this ordinance or of the Bonds. Section 22. Effective Date. This ordinance will become effective five (5) days from and after its passage and publication. G - 51October 20, 2020 -48- PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting of the Council held on November 3, 2020. CITY OF PORT ANGELES, WASHINGTON Mayor Attest: City Clerk APPROVED AS TO FORM Pacifica Law Group LLP, Bond Counsel G - 52October 20, 2020 CERTIFICATE OF CITY CLERK I, the undersigned, City Clerk of the City of Port Angeles, Washington, DO HEREBY CERTIFY: 1. That the attached is a true and correct copy of Ordinance No. 3666 (the “Ordinance”) of the City, duly passed at a regular meeting of the City Council (the “Council”) of the City held on November 3, 2020. 2. That said meeting was duly convened and held in all respects in accordance with law, including but not limited to Washington State Governor Inslee’s emergency proclamation No. 20-28 issued on March 24, 2020, as amended and supplemented, temporarily suspending portions of the Open Public Meetings Act (chapter 42.30 RCW), and due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of November, 2020. City Clerk G - 53October 20, 2020 A-1 EXHIBIT A FORM OF BOND UNITED STATES OF AMERICA NO. _____ $__________ STATE OF WASHINGTON CITY OF PORT ANGELES WATER AND WASTEWATER UTILITY REVENUE REFUNDING BOND, 2020 INTEREST RATE: MATURITY DATE: CUSIP NO: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: ______________________________ Dollars The City of Port Angeles, Washington, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from ___________, 20__, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on ___________ 1, 20___, and semiannually thereafter on the first days of each succeeding ___________ and ___________. Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agent of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the “Bond Registrar”). For so long as the bonds of this issue are held in fully immobilized form, payments of principal thereof and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company (“DTC”) referred to in the Blanket Issuer Letter of Representations (the “Letter of Representations”) from the City to DTC. This bond is one of a series of bonds in the aggregate principal amount of $________ (the “Bonds”), issued pursuant to the Bond Ordinance, to refund certain outstanding water and wastewater utility revenue bonds, [to fund the Reserve Account,] and to pay costs of issuing the bonds. Both principal of and interest on this bond shall be payable in accordance with Ordinance No. 3666 duly passed by the City Council on ______________, 2020 (the “Bond Ordinance”). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. Unless otherwise defined on this bond, capitalized terms used herein have the meanings given them in the Bond Ordinance. The principal of and interest on the Bonds are payable solely out of the special fund of the City known as the “1994 Water and Wastewater Utility Revenue Bond Fund” (the “Bond G - 54October 20, 2020 A-2 Account”). The Bonds are special limited obligations of the City and are not obligations of the State of Washington or any political subdivision thereof other than the City, and neither the full faith and credit nor the taxing power of the City or the State of Washington is pledged to the payment of the Bonds. Under the Bond Ordinance, the City is obligated to set aside and pay into the Bond Account out of Gross Revenue of the System certain fixed amounts sufficient to pay when due the principal of and interest and premium, if any, on the Bonds and all other Parity Bonds. To the extent provided by the Bond Ordinance, the amounts pledged to be paid from Gross Revenue into the Bond Account and accounts therein are a lien and charge thereon equal in rank to the lien and charge upon Gross Revenue of the amounts required to pay and secure the payment of certain outstanding Parity Bonds and any Future Parity Bonds that the City may issue hereafter, and superior to all other liens and charges of any kind or nature, except the Costs of Maintenance and Operation of the System. The Bond Ordinance sets forth covenants of the City to secure the payment of Parity Bonds, including but not limited to covenants relating to rates and charges of the System, operations of the System, and the issuance of Future Parity Bonds. The Bonds are subject to redemption prior to maturity as provided in the Sale Document. The Bonds may be transferred and exchanged upon surrender to the Bond Registrar as provided in the Bond Ordinance. The Bonds are not “private activity bonds” as such term is defined in the Internal Revenue Code of 1986, as amended (the “Code”). The City has not designated the Bonds as “qualified tax- exempt obligations” within the meaning of Section 265(b)(3)(B) of the Code. This bond will not be valid or become obligatory for any pu rpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon has been manually signed by the Bond Registrar. It is hereby certified, recited and declared that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened and to have been performed precedent to and in the issuance of this bond do exist, have happened and have been performed in due time, form and manner as prescribed by law, and that the amount of this bond, together with all other obligations or indebtedness of the City, does not exceed any constitutional or statutory limitations of indebtedness. IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to be signed by the manual or facsimile signature of its Mayor, attested by the manual or facsimile signature of the City Clerk, and seal of the City to be impressed or reproduced hereon, all as of ____________, 2020. CITY OF PORT ANGELES, WASHINGTON ( S E A L ) By [Manual or Facsimile Signature] Mayor G - 55October 20, 2020 A-3 Attest: [Manual or Facsimile Signature] City Clerk CERTIFICATE OF AUTHENTICATION Date of Authentication: This is one of the Water and Wastewater Utility Revenue Refunding Bonds, 2020, of the City of Port Angeles, Washington, dated __________ ___, 2020, as described in the within mentioned Bond Ordinance. WASHINGTON STATE FISCAL AGENT, as Bond Registrar By Authorized Officer G - 56October 20, 2020 Date: October 20, 2020 To: City Council From: Nathan A. West, City Manager Subject: Port Angeles School District Replacement Educational Programs and Operation Levy Resolution – Amended Memo Background / Analysis: State law allows an elected legislative body, such as the City Council, to endorse a ballot measure, provided that 1. Action is taken at an open public meeting; 2. The published meeting agenda includes the title and number of the ballot proposition; and 3. Members of the public are afforded an approximately equal opportunity for the expression of an opposing view. After hearing all views expressed, the Council then may decide whether it will support the Replacement Educational Programs and Operation Levy. If Council then decides to support the EPO Levy Ballot Proposition, it may adopt the attached resolution or may make and adopt a motion that in other words expresses its support for the EPO Levy Ballot Proposition. Funding Overview: N/A. Attachments: Resolution of Support Amendment: This memo has been updated to include the correct title of the Port Angeles School District 121 levy that has been placed on the November 3, 2020 ballot. The levy measure titled Proposition No. 1 – Replacement Educational Programs and Operation Levy measure would authorize a 4-year Replacement Educational Programs and Operation Levy (EPO Levy Ballot Proposition). In the previous memo, the Levy contained an incorrect levy title. Any reference to the “Capital Levy” in the previous memo has been replaced with Replacement Educational Programs and Operation Levy or EPO Levy Ballot Proposition. Summary: Council has expressed interest in supporting the Port Angeles School District Replacement Educational Programs and Operation Levy. Before taking a position on the upcoming levy, Council must allow an opportunity for expression of views for and against the proposed Replacement Educational Programs and Operation Levy. Funding: N/A Recommendation: 1. Council should afford members of the public an approximately equal opportunity to express opposing views for and against regarding the Replacement Educational Programs and Operation Levy. 2. Consider all the views expressed; and 3. If Council chooses to formally take any action supporting the District’s Replacement Educational Programs and Operation Levy, adopt a motion declaring its support or adopt the attached Resolution. RESOLUTION NO. _______ A RESOLUTION of the City Council of the City of Port Angeles, Washington, expressing its support for passage the of Port Angeles School District No. 121’s November 3, 2020 ballot proposition, titled Proposition No. 1 – Replacement Educational Programs and Operation Levy. WHEREAS, the Port Angeles School District 121 has placed on the November 3, 2020 ballot a levy measure titled Proposition No. 1 – Replacement Educational Programs and Operation Levy, which measure would authorize a 4-year Replacement Educational Programs and Operation Levy (the “EPO Levy Ballot Proposition”); and WHEREAS, the EPO Levy Ballot Proposition is necessary to permit the District to meet the educational needs of its students and pay expenses of educational programs and operation support not funded by the State of Washington; and WHEREAS, pursuant to RCW 42.17A.555 the Council desires to express its strong support for passage of the EPO Levy Ballot Proposition; and WHEREAS, all required notices of the October 20, 2020 meeting of the Council included the full EPO levy ballot title and number, and all members of the Council and members of the public were given equal opportunity to express an opposing view at the open public meeting, and all who wished to speak were heard, NOW, THEREFORE, BE IT RESOLVED that the Port Angeles City Council hereby declares its support for passage the of Port Angeles School District No. 121’s November 3, 2020 ballot proposition, titled Proposition No. 1 – Replacement Educational Programs and Operation Levy. PASSED by the City Council of the City of Port Angeles at a regular meeting of said October 20, 2020 H - 2 Council held on the 20th day of October, 2020. _______________________________ Kate Dexter, Mayor ATTEST: ________________________________ Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: _______________________________ William E. Bloor, City Attorney October 20, 2020 H - 3 Summary: Over the past year, the City of Port Angeles has been participating in a multi-jurisdictional Broadband Feasibility Study. On October 28, 2020 from 6:30PM to 8:30PM the Clallam County Broadband Team will be holding a ‘Community Outreach Meeting’ to gather input and feedback from stakeholders, including Anchor Institution Leaders, Broadband Providers and Interested Citizens, to convey the Team’s mission statement on the Feasibility Study and related action items to address the underserved and unserved urban and rural areas of Clallam County. Funding: City Council unanimously approved an Interlocal agreement committing funds in the amount of $6,500. The funding equates to 26% of the required grant match amount to hire a consulting firm to conduct a Broadband Feasibility Study. Funds were identified in the ‘Professional Services’ budget general ledger 502-2081-518.41-50. Recommendation: Council presentation Date: October 20, 2020 To: City Council From: Nathan A. West, City Manager Todd Weeks, Information Technology Manager Subject: Broadband Feasibility Study and Community Outreach Meeting - October 28th, 2020 Background / Analysis: A Broadband Symposium, held in the Spring of 2019, resulted in ‘action teams’ to assess and address High Speed Internet (Broadband) needs in Clallam County. Hence, the Clallam Broadband Team was brought together via an Interlocal agreement with the three cities of Forks, Sequim and Port Angeles; as well as Clallam County and the Port of Port Angeles being the primary participants along with a host of local stakeholder agencies and organizations to embark on a Broadband Feasibility study partially funded by a Community and Economic Revitalization Board (CERB) grant with North Olympic Development Council (NODC) facilitating the group. Under the Interlocal Agreement, an RFP was put out and the team has since employed the services of a consulting firm, CBG Communications, Inc., to help develop the Team’s mission statement and guide the team through developing a feasibility study to understand and document unserved (no service) and underserved (slow service) areas, while looking at ways of enhancing availability and affordability through competition in Port Angeles, Sequim, Forks and greater Clallam County using a phased approach. The presentation today is a brief overview of the anticipated Broadband Community Outreach Meeting presentation with the agenda, timelines and overall strategy to accomplish the goals stated in the interlocal agreement and subsequent mission statement. October 20, 2020 I - 1 Funding: On November 19, 2019, City Council unanimously approved an Interlocal agreement committing funds in the amount of $6,500. The funding equates to 26% of the required grant match amount to hire a consulting firm to conduct a Broadband Feasibility Study. Funds were identified in the ‘Professional Services’ budget general ledger 502-2081-518.41-50. October 20, 2020 I - 2 Date: October 20, 2020 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Stormwater Permit Implementation Support, Professional Services Agreement Background / Analysis: Since 2007 the City of Port Angeles has managed stormwater runoff within City limits under a Western Washington Phase II Permit with Ecology and under the National Pollution Discharge Elimination System. On August 1, 2019, Ecology’s most recent Permit update became effective; this requires several new parameters and programmatic updates for the City to develop and incorporate into its Stormwater Management Program (SWMP). The regulatory progressions in the Permit are designed to reduce pollution in stormwater runoff and protect/improve downstream water quality in local creeks and our harbor. The City requires assistance to ensure compliance with Ecology’s new Permit requirements. On August 7, 2020, the City advertised a Request for Qualifications for Stormwater Permit Implementation Support. The City received three responses from professional consulting firms and, after reviewing Statements of Qualifications and conducting virtual interviews, the City selected Osborn Consulting, Inc. of Bellevue, Washington as most qualified to support the City on this effort. Engineering staff worked with Osborn Consulting to develop a detailed scope of work based on the anticipated support and negotiated a maximum not-to-exceed contract amount of $295,806.00 for the three year duration of the contract, with a budget of $50,000 in 2020 and $125,000.00 for 2021. The proposed 2021 Professional Service Budget includes funding for tasks in this agreement including Stormwater Management Program update, Illicit Discharge Detection and Elimination and Code updates, Stormwater Inspection Report Services and other professional technical assistance. The City will receive grant funding in the amount of $95,000.00 to apply toward this contract. Summary: The purpose of this memo is to receive City Council approval for a Professional Services Agreement to support City staff’s compliance with the 2019-2024 Western Washington Phase II Stormwater Permit (Permit) requirements and deadlines. This Agreement will be in place through 2023. Funding: Washington State Department of Ecology (Ecology) awarded a FY19-21 Capacity Grant to the City in the amount of $95,000.00 to assist in meeting Stormwater Permit related expenses. Funds in the amount of $50,000 are budgeted in the 2020 Stormwater Operational Budget (406-7412-538-4150) and $125,000.00 are proposed in the 2021 Stormwater Operational Budget. (406-7412-538-4150). The 2022 and 2023 stormwater operational budgets will need to include an additional $120,806, for a total amount not to exceed $295,806.00. Recommendation: Approve and award a Professional Services Agreement to Osborn Consulting, Inc. of Bellevue, Washington for Stormwater Permit Implementation Support in the not to exceed amount of $295,806.00; and authorize the City Manager to sign a contract with Osborn Consulting and to make minor modifications as necessary. October 20, 2020 J - 1 Osborn Consulting will aid the City in meeting the following key Permit requirements: • Assessing and prioritizing watersheds within the City to determine drainage basins that would most-benefit from stormwater retrofits and developing a Stormwater Monitoring Action Plan for a priority drainage basin. • Reviewing and implementing inspection/tracking software to streamline inspection, documentation, tracking, enforcement, and reporting components of the City’s ongoing stormwater inspection and response programs: o Illicit Discharge Detection and Elimination (IDDE), o Annual Private Storm Facility Inspections, o Operation and Maintenance, o MS4 Accountability and Mapping, and o Development Review and Construction Stormwater Inspection Program. • Other stormwater directed service tasks as required. These improvements to the City’s Stormwater Management Program will be completed progressively throughout the duration of the PSA, in compliance with key deliverable milestones detailed in the Ecology Phase II Permit. Professional Services Rationale: The City does not have the staff capacity to update the Stormwater Management Program for the new Permit while also implementing the existing stormwater program elements. Therefore, Engineering staff will oversee the existing stormwater program elements and direct the consultant’s efforts to meet Ecology’s new deadlines and requirements. For this reason, the City is seeking outside support. October 20, 2020 J - 2 City Legislative Priorities Statewide policing reforms Support local control over city law enforcement policy decisions to meet the needs of each community and appropriately contain costs. Cities understand our obligation to address racial equity in policing – both state requirements and local policies. Cities support the following statewide reforms: • Develop a statewide standard for use of force that preserves the right of local jurisdictions to enact more restrictive standards based on community input. • Create a database to track officers who have been fired for misconduct. • Expand grounds for decertification to include use of force violations. • Require that officer misconduct investigations be completed, regardless of an officer’s resignation. • Establish a duty for all law enforcement officers to immediately intervene and report misconduct or illegal activity by a fellow police officer. • Require that all officers receive regular support for vicarious trauma and mental well-being, including peer support, mental health counseling, and appropriate mental health screenings. Officers involved in any fatal use of force must undergo a mental health screening prior to returning to duty. State-shared revenues Maintain revenue sharing with cities. Cities support increased shared revenue distributions to cities (if the state sees increased shared revenues) and ask the state to look for other opportunities to expand revenue sharing. Transportation revenue package Adopt a new transportation revenue package that emphasizes maintenance/ preservation funding and provides an equitable level of local funding as well as additional local revenue options for cities. Fiscal flexibility Provide cities greater flexibility to use funds from existing revenue sources to help cities manage the impacts of the current economic downturn. This will allow cities to direct scarce resources where they are most needed when responding to pressing community conditions. Housing instability assistance Work in a coalition to develop additional resources to address housing instability created by the economic impacts of the COVID‐19 pandemic, including rent assistance and foreclosure/eviction prevention assistance.  2021 Candice Bock Government Relations Director candiceb@awcnet.org 10/01/20 Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org AWC’s advocacy is guided by the following core principles from our Statement of Policy: • Local decision-making authority • Fiscal flexibility and sustainability • Equal standing for cities • Diversity, equity, and inclusion • Strong Washington state partnerships • Nonpartisan analysis and decision-making October 20, 2020 K - 1 10/5/2020  2021 Legislative Agenda – Board adopted  Priority Issues:   State shared revenue  o Maintain existing shared revenues and oppose any further cuts. Cities will support a  corresponding increase in distributions to cities if the Legislature increases marijuana  or liquor taxes.  o Seek flexibility in how cities may spend Municipal Criminal Justice Assistance Account  funds in order to best support local public safety efforts, including programs that use  alternatives to traditional policing.   Transportation revenue package  o Support a new transportation revenue package, with an emphasis on  maintenance/preservation funding, that provides an equitable level of local funding  while seeking the creation of additional revenue options for cities.   Fiscal flexibility  o Provide greater flexibility to use funds from existing revenue sources to help cities  manage the impacts of the economic crisis.   Housing instability assistance  o Work in a coalition to develop additional resources to address housing instability  created by the economic impacts of the COVID‐19 pandemic, including rent  assistance and foreclosure‐prevention assistance.    Statewide Policing Reforms  o Cities support the need to retain local control over city law enforcement policy  decisions to ensure they meet community needs and expectations and appropriately  contain costs. Cities are also cognizant of the need to address race equity in all aspects  of policing in both state requirements and local policies. o Cities support the following statewide reforms:    A statewide standard for use of force so long as local jurisdictions are not  prohibited from enacting a more robust standard.    Creation of a database to track officers who have been fired from their  employment for misconduct.      The expansion of grounds for decertification to include use of force violations.    Requiring an investigation of an officer to be completed, regardless of  whether the officer resigns prior to the investigation being completed.     Establishing a duty for all law enforcement officers to immediately intervene  and report misconduct or illegal activity on the part of another officer.    Requiring that all LE officers receive regular support for vicarious trauma and  mental well‐being, to include peer support, mental‐health counseling, and  appropriate mental health screenings.  LE involved in any fatal use of force  must undergo mental health screening prior to the officer returning to duty.   Significant Issues:   Property tax  o Revise the property tax cap to tie it to inflation and population growth factors so that  local elected officials can adjust the local property tax rate to better serve their  communities.    Revenue options  October 20, 2020 K - 2 10/5/2020  o Support efforts to review and revise both state and local tax structures such that they  rely less on regressive revenue options. Changes to the state tax structure should not  negatively impact cities’ revenue authority.   Additional law enforcement training  o Support additional training requirements including adequate state funding for any  training mandates. Additionally, support the need to fully fund the Criminal Justice  Training Commission and Basic Law Enforcement Academy.   Growth Management Act (GMA)  o Engage in the GMA reform conversation and look to secure dedicated planning  funding in recognition of potential new responsibilities in areas that cities can  support.   Zoning mandates   o Continue to actively defend against preemption of local land use authority, but  support policies that address historic legacy of racial segregation by helping cities  achieve better access to housing in our communities, for a greater variety of people  and their incomes. Examples of policies include a requirement for cities to work with  the community through the normal GMA comprehensive plan update process to  explore the history of housing inequities and develop policies to address the  inequities that are found.    Culverts  o Support that State resources be provided for locally owned culverts as a part of the  State’s overall resolution to the culvert injunction.   Broadband  o Support policies and funding that provide greater access and equity for broadband  services, including the potential expansion of authority to cities and other public  entities.   Public Works Trust Fund (PWTF)  o Continue to pursue full funding for the PWTF and defend against the redirection of  PWTF program funds.   Tax Increment Financing (TIF)  o Authorize property tax‐based tax increment financing including with a constitutional  amendment if necessary.   Collective bargaining  o Support waiving the requirement to bargain any legislatively mandated police  reforms.  o Support reviewing and revising existing binding interest arbitration requirements to  clarify and empower local agencies to discipline officers who violate agency policies,  state and local laws.   Open Public Meetings Act (OPMA)  o Support a permanent policy that allows greater flexibility for local governments to  hold virtual meetings without a physical location during an emergency.   Public Records Act (PRA)  o Update the PRA to reduce the impact of abusive and costly public records requests  and litigation that hamper public records management and access by the public.    Endorse/Support Issues:   Net Ecological Gain  October 20, 2020 K - 3 10/5/2020  o Support efforts to make progress on this issue while also defending against legal  exposure and unfunded mandates   Childcare  o Support additional investments of CARES money to support childcare facilities at risk  of closure.  o Support legislation that increases access to childcare in Washington.  o Support efforts to provide childcare during non‐traditional hours for children of first  responders  o Support efforts to streamline licensing of non‐traditional childcare facilities, such as  parks and recreation departments and community‐based organizations.  o Encourage cities to work with local school districts to provide unused buildings or  other spaces to accommodate childcare during the pandemic.    Medication Assisted Treatment (MAT)   o Support legislation that expands access to MAT in jails, so long as the state provides  adequate funding.    Local elections  o Support policies that preserve local control and input regarding how local elections  are administered.   Body and dash cameras  o Support local efforts to implement use of body cameras and dash cameras as a tool  to increase transparency during law enforcement interactions with members of the  public.   o Defend against any mandates that require the use of body or dash cameras without  local input and without state investments to pay the costs of acquiring cameras and  storing and preserving footage. The Legislature must enact necessary amendments  to the Public Records Act (PRA) to mitigate against exposure to litigation.     Independent Investigations  o Support efforts to create an independent investigation model for any fatal use of  force by law enforcement. Any model must address independence, transparency,  cost and avoid creating new unfunded mandates.   Independent Prosecutions  o Support independent prosecution of any crime, particularly those involving a law  enforcement officer. Monitor efforts to create an independent prosecution model for  officers who are involved in a fatal use of force incident. Under current state law, county  prosecutors have original jurisdiction over prosecutions, meaning they have power over  higher courts to first hear a case. Any change from this model may require a constitutional  amendment.      Monitor Issues:   Just Cause Eviction  o Monitor the legislative conversation around just cause eviction to ensure local  authority to institute these ordinances is not eroded. If the Committee wants to  support this policy, staff recommend it as a support item rather than a significant or  priority issue.   Pension contributions  October 20, 2020 K - 4 10/5/2020  o Support sustainable and predictable pension contribution rates based on the State  Actuary’s recommendations. Oppose significant rate reductions that may offer short  term budget savings but could result in significant additional costs in the long‐term.    October 20, 2020 K - 5 Date: October 20, 2020 To: City Council From: Kari Martinez-Bailey, City Clerk William Bloor, City Attorney Subject: Public Safety Advisory Board Update Background / Analysis: On September 15, City Council adopted amendments to Chapter 2.26 of the Port Angeles Municipal Code, which governs the Public Safety Advisory Board. This memo provides a summary of the steps being taken to implement the changes made by the amendments. The amendments became effective on October 12, 2020. In addition to making changes to the positions, the amendments also create staggered terms. Specifically, the ordinances requires the City Clerk to draw lots to establish the initial term for each Board position, as is provided in the amendments. To create staggered terms, the first four positions drawn will be assigned a one-time one-year term, the next four terms will be assigned a one-time three-year term. The remaining four terms will be assigned to a one-time five-year term. We will then begin the process to fill the empty Board positions. For the draw, staff have labeled the positions as follows: • Owners or managers of businesses located within the City: o Position 1-Alan Barnard o Position 2-Evan Brown • Representative from the Port Angeles School District #121: o Position 3-Kelsey Lane • High school student that is recommended by school administration o Position 4-Kiara Schmitt (established by ordinance-a one-year term) • Member affiliated with an associated EMS agency that operates in the City of Port Angeles o Position 5-Vacant • Tribal members: o Position 6-Vacant o Position 7-Vacant Summary: On September 15, City Council adopted an ordinance amending the Public Safety Advisory Board Chapter 2.26 of the Port Angeles Municipal Code. This memo is to provide information regarding the steps planned to implement the ordinance relative to seat assignments. Funding: N/A Recommendation: For information only. L - 1October 20, 2020 • Member who has experienced homelessness or a chemical use disorder, or someone who has worked with people that have experienced homelessness or a chemical use disorder: o Position 8-Vacant • Other members shall be selected, to the extent feasible, to represent diverse segments of the community: o Position 9-Kathleen Graff o Position 10-Lourene O’Brien o Position 11-Al Oman o Position 12-Vacant Funding Overview: N/A L - 2October 20, 2020 JAN FEB MAR APR MAY JUN JUL AUG SEPTotalNEW CONSTRUCTION    0000000 011$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $225,000.00 225,000$       REPAIR AND ALTERATION510931049131275$157,810.00 $90,559.00 $63,649.00 $37,788.00 $68,165.00 $29,039.00 $1,589,401.00 $552,206.00 $243,302.00 2,831,919$    NEW CONST.    0100000 001$0.00 $895,555.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 895,555$       REPAIR AND ALTERATION0000000000$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00‐$                NEW CONSTRUCTION    22$205,470.00205,470$       REPAIR AND ALTERATION0110010025$0.00 $24,000.00 $395,000.00 $0.00 $0.00 $25,000.00 $0.00 $0.00 $10,000.00 454,000$       NEW MULTI FAMILY         0000000 000$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00‐$                NEW MANUFACTURED HOME    0001000 012$0.00 $0.00 $0.00 $87,000.00 $0.00 $0.00 $0.00 $0.00 $152,756.00 239,756$       NEW SINGLE FAMILY RESIDENCE  1221503 2319$410,000.00 $844,620.00 $328,818.00 $265,000.00 $690,443.00 $0.00 $507,290.00 $314,244.00 $491,592.00 3,852,007$    NEW ACCESSORY STRUCTURE  0111041 1211$0.00 $36,720.00 $25,000.00 $36,720.00 $0.00 $113,740.00 $51,720.00 $28,000.00 $75,000.00 366,900$       REPAIR AND ALTERATION39472454126283168309$342,646.00 $314,471.00 $170,281.00 $41,981.00 $343,435.00 $266,428.00 $189,105.00 $358,278.00 $483,776.00 2,510,401$    1020120 107$0.00 $0.00 $27,000.00 $0.00 $275,000.00 $46,995.00 $0.00 $9,500.00 $0.00 358,495$       Total Permits Issued:466239 115737415089432Total Construction Valuation:$910,456.00 $2,205,925.00 $1,009,748.00 $468,489.00 $1,377,043.00 $481,202.00 $2,337,516.00 $1,467,698.00 $1,681,426.0011,939,503$ 3060101 1214DEMOLITION AND MOVING    CERTIFICATES OF OCCUPANCYPublic2020 Building Permit Issuance Report Comm. Ind. Res.L - 3October 20, 2020 PUBLIC WORKS GRANT & LOAN STATUS REPORT May 2020 – August 2020 PROJECT DESCRIPTION PROJECT COST GRANT/LOAN SOURCE & ID AMOUNT GRANT MATCH/ LOAN DATA AWARD LISTING STATUS Stormwater City Hall Parking Lot LID Retrofit $102,000 (design only) Grant DOE #WQSWPC-2016- PoAnPW-00001 $102,000 from Stormwater Financial Assistance Program; No City match required February 2018 Grant acceptance approved by Council March 2019. Grant agreement in place. Design Contract signed. 16th Street LID Retrofit $160,000 (design only) Grant DOE #WQSWPC-2016- PoAnPW-00014 $160,000 from Stormwater Financial Assistance Program; No City match required February 2018 Grant acceptance approved by Council March 2019. Grant agreement in place. Decant Facility $1,272,000 (including grant-funded design) Grant DOE #WQC-2016- PoAnPW-00368 $474,300 from Stormwater Financial Assistance Program; $83,700 minimum City match required July 1, 2015 Grant acceptance approved by Council Feb 2016, Grant awarded Feb 2018. Agreement in place. Capacity Grant N/A Grant DOE #WQSWCAP-1921- PoAnPW-00101 Applied for $95,000 from Stormwater Financial Assistance Program; No City match required October 2019 Agreement in place. Expires March 2021. Wastewater Transportation Hill Street ODT $200,000 (design only) Grant WSDOT #LA8992 $200,000 from Pedestrian and Bicycle Safety Funding June 2015 Grant agreement approved by Council Sept 2016. Consultant contract signed. 90%-100% design in progress. Hill Street ODT $2,031,000 (construction only) Grant RCO #TBD $1,421,700 from RCO WWRP – Trails $609,300 (30%) required City match (composed of $203,100 cash and $406,200 grant funds from a TBD secondary source) September 2018 Grant agreement in place. L - 4October 20, 2020 PROJECT DESCRIPTION PROJECT COST GRANT/LOAN SOURCE & ID AMOUNT GRANT MATCH/ LOAN DATA AWARD LISTING STATUS Transportation Race Street Complete $462,000 (design only) Grant FHWA #DTFH701E3002 $398,540 from WA Federal Lands Access Program; $63,761 City minimum match January 2015 Grant Agreement signed. 60% design underway. New consultant agreement with Exeltech. Race Street Complete Phase 1- 8th Street to Olympic Park 3,973,000 (construction only) Grant FHWA #TBD $2,000,000 from WA Federal Lands Access Program; 13.5% minimum City match June 2018 Grant award notification letter received. This grant will be used to construct phase 1 and will run from 2021- 2023. Race Street Complete Phase 1- 8th Street to Olympic Park $3,973,000 Grant FHWA/ WSDOT $113,348 HIP $568,000 STP 13.5% minimum City match April 2019 Grants accepted by Council May 2019. Agreements in process. Race Street Complete Phase 1- 8th Street to Olympic Park $3,973,000 Grant FHWA/ RTPO $487,240 TA, 13.5% minimum City match June 2020 Project selected for TA Grant Race Street Complete Phase 1- 8th Street to Olympic Park $3,973,000 Grant FHWA/ WSDOT $500,000 STBG, 13.5% minimum City match August 2020 Project selected for 2021 Surface Transportation Block Grant Marine Drive Channel Bridge $759,583 Grant FHWA/WSDOT #LA-8898 $75,000 (design) and $510,000 (construction) from Surface Transportation Program; 13.5% min match March 2015 Signed agreement May 2016. Signed supplement May 2018. Project complete, closeout in progress. Complete Streets Award $300,000 Grant TIB $300,000 from TIB no match requirements. March 2019 Agreement in place. Work to begin in 2021. Lincoln Street Safety $1,485,000 Grant WSDOT / PBS #LA-9731 $1,285,000 from WSDOT June 2019 Grant accepted by Council September 2019. Agreement in place. Design consultant agreement in place, design underway. FEMA City Light EV Charging $48,000 Grant AQVWEVWP- 1921-PoAnPW- 00031 $28,800 from WA Dept of Ecology, 40% City match. January 2020 Contract approved and signed. Reviewing equipment specifications and working with Engineering on location. L - 5October 20, 2020 List of Acronyms AIP: Arterial Improvement Program BPA: Bonneville Power Administration BRAC: Bridge Replacement Advisory Committee DOE: Department of Ecology DWSRF or SRF: Drinking Water State Revolving Fund or State Revolving Fund FEMA: Federal Emergency Management Agency FHWA Federal Highway Administration NOANet: Northwest Open Access Network NOSC: North Olympic Salmon Coalition PASD: Port Angeles School District PBS: Pedestrian and Bicycle Safety PSP: Puget Sound Partnership PSMP: Pedestrian Safety and Mobility Program PWB: Public Works Board, administers the PWTF Program PWTF: Public Works Trust Fund RCO: Recreation and Conservation Office RCO WWRP – Trails: Recreation Conservation Office Washington Wildlife and Recreation Program – Trails STBG: Surface Transportation Block Grant Program SRF: Salmon Recovery Funding TIB: State of Washington Transportation Improvement Board TBD To Be Determined WSDOT: Washington State Department of Transportation L - 6October 20, 2020