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CC Amended Agenda Packet 08/16/2022August 16, 2022 Port Angeles City Council Meeting Page 1 AUGUST 16, 2022 City of Port Angeles Council Meeting AMENDED Agenda This meeting will be conducted virtually. The City determined the meeting shall be held virtually when the August 16, 2022 City Council agenda was created on August 11, 2022. The City will hold virtual meetings when a meeting cannot be held with “reasonable safety”. “Without reasonable safety” means that the COVID-19 risk is Moderate or High, per the dashboard located at https://www.clallam.net/coronavirus at the time the meeting is advertised. Listening and webcast options will be available at www.cityofpa.us 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 – Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 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 and timely manner. Visit https://www.cityofpa.us/Live-Virtual-Meetings to learn how to participate during public comment and or watch the meeting live. Written public comments can be submitted to: council@cityofpa.us, comments will not be read aloud. To provide pre-recorded messages to the City Council by phone, please call 360-417-4504. Messages received will be made a part of the final record. Comments should be received by 2:00 p.m. Tuesday, August 16, 2022. For audio only please call: 1-844-992-4726 Use access code: 2556 466 5106 Once connected press *3 to raise your virtual hand, if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the Tuesday, August 16, 2022 meeting only. If you are joining in through the Webex link: https://cityofpa.webex.com/cityofpa/onstage/g.php?MTID=e1a6985d63a5240dd276ffdb06f5e6082 and wish to make a comment or public testimony, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak. 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 in. If time is available, the presiding officer may call for additional unsigned speakers. August 16, 2022 Port Angeles City Council Meeting Page 2 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. • Olympic Community of Health Grant Approval • Round Tree Road 20-inch Water Main Repair CON-2022-54 E. Consent Agenda | Approve 1. City Council Minutes of July 5, July 19, July 26, 2022 / Approve .................................................................................. E-1 2. Expenditure Report: From July 9, 2022 to August 5, 2022 in the amount of $5,735,969.83 / Approve .......................... E-4 3. Zoll Monitor Replacement - Cardiac Defibrillator/Monitor Purchase / Approve the purchase of a Zoll X-Series Cardiac Monitor/Defibrillator for the amount of $36,929.17, plus tax, from Zoll Medical Corporation and authorize the City Manager to sign a purchase agreement and to make minor modifications if necessary ................................................................. E-38 4. System Design West LLC Service Agreement; Medicare Data Collection / Authorize the City Manager to sign the Professional Service Agreement in the amount of $35,000 with Systems Design West LLC and to make minor modifications if necessary ........................................................................................................................................................................ E-50 5. Public Safety Advisory Board / Appoint Rochelle Blankenship to the position held for an enrolled Tribal member on the Public Safety Advisory Board to a term ending February 28, 2026 ................................................................................ E-55 6. Inter-local Agreement | Streamkeepers of Clallam County: Water Quality Monitoring / Approve 5-year ILA with Clallam County to secure the services of Streamkeepers of Clallam County and authorize the City Manager to sign the ILA and to make minor modifications to the agreement, as necessary .............................................................................................. E-56 F. Public Hearings | 6:30 p.m. or Soon Thereafter 1. Electric Utility 2022 Resource Plan / Open Public Hearing / Close Public Hearing / Adopt Plan and Pass Resolution ......................................................................................................................................................................................... F-1 G. Ordinances Not Requiring Council Public Hearings 1. Bird Rides, LLC, Amendment of PAMC Chapter 10.24 / Conduct 1st Reading / Waive 2nd Reading / Adopt Ordinance ......................................................................................................................................................................................... G-1 2. Ordinance Amendments – Wastewater System Modeling Requirement / Conduct 1st Reading / Waive 2nd Reading / Adopt Ordinances ...................................................................................................................................................................... G-6 H. Resolutions Not Requiring Council Public Hearings 1. TR-0209 Race Street Recreation Conservation Office Grant Application / Pass Resolution ......................................... H-1 I. Other Considerations 1. 2023 Funding Legislation Pending / Council Discussion / Authorize Mayor to Sign Letter of Support.......................... I-1 2. ARPA Update of City’s Financial Position / Authorize ................................................................................................... I-11 J. Contracts & Purchasing 1. 2022 Neighborhood Sewer Rehabilitation, CON-2022-25, Award Construction Contract / Approve, Award and Authorize ......................................................................................................................................................................................... J-1 2. Volunteer Field Turf Project PK-0220- Award Contract with Coast to Coast Turf / Approve and Authorize ................ J-3 3. Electrical Dock Crew / Approve, Award and Authorize .................................................................................................. J-18 4. Equipment Purchase – Replacement of Street Division 5yd Sander / Approve and Authorize ....................................... J-20 5. Equipment Purchase – Replacement of Street Division Vehicle #1568 / Approve and Authorize .................................. J-22 6. ChargePoint Master Agreement / Authorize .................................................................................................................... J-24 K. Council Reports L. Information August 16, 2022 Port Angeles City Council Meeting Page 3 PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may choose to seek public opinion through the public hearing process. City Manager Reports: 1. Monthly Update on Past Due Utility Accounts - July ..................................................................................................... L-1 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment Date: August 16th, 2022 To: City Council From: Derrell Sharp, Assistant Chief Subject: Olympic Community of Health Grant Approval Background / Analysis: Olympic Community of Health (OCH) established a grant funding opportunity to organizations operating within Clallam, Jefferson and Kitsap Counties who have a strong base of Medicaid beneficiaries. OCH seeks to meaningfully engage with additional organizations and Tribes across the Olympic region on projects that include addressing the stigma of substance use disorder, addressing the health-serving workforce crisis, enhancing community-clinical linkages, addressing social determinants of health, and more. The Port Angeles Fire Department has been selected as a grant funding recipient. Funding will be provided through a contract with OCH, with an implementation and reporting timeline of August 2022 through January 2023. Participation requirements include a site visit in the Fall of 2022 by OCH staff to connect in-person or via zoom to share a program progress update. Additionally, a written report outlining progress, successes and challenges must be submitted in January 2023. Contractors will not be required to provide invoices or information on use of funds. OCH will require reimbursement for any unspent awarded grant funds. Port Angeles Fire Department Grant Application Project Descriptions: Project 1: Improve community health by streamlining first responder referral of patients to the Port Angeles Community Paramedic program through technological and communication upgrades. Desired Results of Project 1: Enhance access and referral to the Port Angeles Community Paramedic Program for Medicaid, substance use disorder, and behavioral health patients encountered in the field by Clallam County Emergency Responders. Supplying Port Angeles Fire First Responders with rugged portable computers equipped with electronic health record technology compatible across all agencies would enable 911 crews to contact, refer and/or dispatch PAFD Community Paramedics to the scene and Summary: The Olympic Community of Health (OCH) has offered a grant in the amount of $35,000 to the Port Angeles Fire Department. The grant is to be used to purchase Panasonic CF20 ruggedized computers and an ISTAT portable field blood analyzer. Funding: Port Angeles Fire has been selected to receive $35,000 payable in two increments. The OCH grant does not have a matching component. The OCH grant does not require invoicing or a report on use of funds. The first installment of $17,500 is payable two weeks following the OCH site visit and program progress report (September/October). The second installment of $17,500 is payable two weeks after Grantee submission of a written progress report (January 2023). Recommendation: Accept the grant offered by OCH and authorize the City Manager to sign the Olympic Community of Health Expanding the Table services contract, to implement and approve all actions necessary to accomplish the purposes of the grant, and to make minor modifications to the services contract if necessary. securely transfer Protected Health Information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) effectively, efficiently and securely. Current Status of Project 1: Referral of patients to the Community Paramedic Program from Clallam County Emergency Medical Personnel is time consuming and cumbersome leading to significant delays in care and missed referral opportunities. It is well documented that Emergency Medical Services i.e. 911 EMT's and Paramedics are the first to encounter healthcare-deprived individuals in most communities throughout the country. The primary role of the Emergency Medical Technician/Paramedic is to quickly and efficiently assess, treat and transport patients to definitive care, return to service and respond to the next emergency medical assistance call. Throughout the county 911 is utilized heavily by community members for non-emergency medical, physical, emotional and behavioral assistance that do not always benefit from transport to a definitive care facility. Equipping 911 Emergency Medical Services personnel with the ability to assess, initiate treatment and efficiently contact, refer and/or dispatch Community Paramedics to the scene of the non-acute patient improves their access to affordable, effective and sustainable healthcare. Key Activities to Implement Project 1: • Purchase CF20 Panasonic Toughbooks. • Configure CF20 Panasonic Toughbooks with the following communication enhancement platforms: o ESO electronic patient care reporting application o Computer Aided Dispatch System o Verizon Wireless Sim Cards o Port Angeles Fire Department Community Paramedic Referral Application o Installation of Vehicle Mounted Docking System o Development and Implementation of Community Paramedic Electronic Patient Care Referral Procedures Project 2: Provide underserved community members with diagnostic testing in the field by Community Paramedics. Desired Results of Project 2: Acquisition of ISTAT portable blood analyzer machines to be utilized by the Community Paramedic program to obtain INR and Chem-8 metabolic readings in the field. Patients suspected of having metabolic disorders, which can cause severe cardiac and other health problems are routinely transported to local Emergency Rooms. The ability to determine the likely cause of illness in the field allows for patients to be treated at home or sent to the most appropriate facility. Telehealth appointments, Home Health visits, and transport to Primary Care facilities are all possible alternatives to unnecessary and expensive trips to the Emergency Room. For homebound, chronically anticoagulated patients, the ability to obtain INRs in the field can help mitigate the need for costly, weekly ambulance transports for simple, 5-minute blood tests. Current Status of Project 2: Community Paramedics currently draw blood in the field and deliver samples to the lab for analysis. This process yields results in days but having the ability to perform certain common blood tests in the field would reduce the time and expense needed for primary care providers to establish an effective treatment or patient care plan. Success will be measured by reporting data which will be evaluated for how the information gleaned from ISTAT readings affected the transport and treatment decision for both EMS and primary care providers. Key Activities to Implement Project 2: • Purchase one Abbott I-STAT Field Blood Analyzer • Develop and implement protocols for use of I-STAT in the field • Educate all qualified providers in use of I-STAT and the clinical implications of I-STAT readings • Integrate I-STATs into the Community Paramedic referral process for 911 First Responders. If authorized to proceed with the receipt of the OCH grant, the Department will purchase listed items and comply with OCH grant reporting requirements. 1. Participate in a site visit. In the Fall of 2022, connect in-person or via zoom with OCH staff to share about program implementation and progress-to-date. 2. Written progress report. In January of 2023, submit a written report to OCH outlining progress, successes, and challenges. (Template to be provided by OCH). Funding Overview: OCH has approved a $35,000 grant that is payable in two increments. The first installment of $17,500 is payable two weeks following the OCH in person program progress report. The second installment of $17,500 is payable two weeks after Grantee submission of a written progress report. 1 Services Contract Grantee Legal Name: Port Angeles Fire Department Grant ID: Expanding the Table Dear Derrell Sharp: It is my pleasure to inform you that Olympic Community of Health (hereinafter “OCH”) has authorized a grant to the Port Angeles Fire Department (“Grantee”) in the amount of $35,000 (Thirty- Five Thousand Dollars) (the “Grant”), [payable in installments as set forth below,] subject to Grantee’s acceptance of, compliance with or the making of, as the case may be, the terms, conditions, agreements, warranties, representations, and other provisions set forth in this agreement (this “Agreement”). The Grant shall be used for the purpose of meaningfully engaging with additional organizations and Tribes across the Olympic region on projects including tackling stigma of substance use disorder (SUD), addressing the health-serving workforce crisis, community-clinical linkages, addressing social determinants of health, and more. Projects will focus primarily on Medicaid beneficiaries. Grantee and OCH acknowledge, agree, and consent to the following terms, conditions, agreements, warranties, representations, and other provisions, which either relate to or are attached to the Grant: 1. Term. The term of this Agreement will commence as of the date the last party executes this Agreement as set forth on the signature page hereto (the “Effective Date”) and will expire three months after the completion of the final milestone or report described in Exhibit B, unless terminated earlier as provided herein (the “Term”). Notwithstanding the foregoing, Grantee shall adhere to the Grant spending timeline set forth in Exhibit A. 2. Payment of Grant Funds. Until the earliest of such time as the Grant has been paid in full, the end of the Term, or the termination of this Agreement pursuant to Section 7 of this Agreement, and provided Grantee is in full compliance with the terms of this Agreement, OCH shall pay Grantee the Grant in installment payments (each an “Installment Payment” and collectively, the “Installment Payments”) in accordance with Exhibit B. Notwithstanding the foregoing, all Installment Payments pursuant to this Agreement will be contingent on Grantee’s full compliance with the budget and milestones/deliverables set forth in Exhibits A and B, attached hereto and incorporated herein, in a manner satisfactory to OCH. OCH shall not be obligated to make any Installment Payment if OCH determines in its sole discretion that Grantee is not in full compliance with the terms 2 of this Agreement, including Exhibits A and B. If OCH does not make an Installment Payment because Grantee is not in full compliance with the terms of this Agreement, including, but not limited to, full compliance with Exhibits A and B, OCH shall not later be obligated to make such Installment Payment, even if Grantee subsequently cures such breach or becomes fully compliant with the Agreement, including, but not limited to, Exhibits A and B. 3. Representations, Warranties, and Covenants. Grantee makes the following representations, warranties, and covenants: a. Generally. Grantee is a governmental unit, duly formed, validly existing, and in good standing in the state of its formation or incorporation with all governmental power, authority, and permits necessary to carry on its activities, including the Purpose of the Grant. The execution and performance of this Agreement have been duly authorized by all necessary action on the part of Grantee. b. Qualifying Grantee Status. Grantee is currently, and at all times during the Term will be, a Qualifying Grantee. For purposes of this Agreement, a “Qualifying Grantee” is an organization which at all times meets the following criteria of the Internal Revenue Code of 1986 (as amended, including any corresponding provisions of predecessor or successor federal tax laws, “Code”): (i) it is a charitable organization described in Code Section 501(c)(3), a governmental unit defined in Code Section 170(c)(1), or an integral part of or an instrumentality of a governmental unit defined in Code Section 170(c)(1); (ii) it is not a “private foundation” within the meaning of Code Section 509(a); (iii) it is not a Type III Supporting Organization within the meaning of Code Section 509(a)(3); and (iv) it is an organization pursuant to which the acceptance of the provisions of this Agreement or of the Grant will not adversely affect Grantee’s status under subsections (i) – (iii) above. Grantee is not aware of any threat or challenge to its status as a Qualifying Grantee. Furthermore, if Grantee is a publicly supported charity within the meaning of Code Section 170(b)(1)(A)(iv) or (vi) or Section 509(a)(2), Grantee represents that the Grant will not cause Grantee to lose its status as a publicly supported charity. c. Grant Fund Restrictions. The Purpose of the Grant is charitable, educational, and/or scientific as such purposes are generally defined by those authorities interpreting the provisions of Code Section 501(c)(3), and the Grant (and all income and gains earned thereon) will only be used for such charitable, educational, and/or scientific purposes and will not be used to carry on propaganda, influence legislation, fund any political campaign, influence the outcome of any election, carry on any voter registration drives, or violate any applicable local, state, federal, or foreign law. Further, the Grant is not earmarked for influencing legislation within the meaning of Code Section 4945(e), and there has been no agreement, written or oral, to that effect between OCH and Grantee. Grantee agrees that the Grant (and all income or 3 gains earned thereon) shall be used solely for the Purpose and to complete the deliverables in Exhibit B, unless approved otherwise by prior written consent of OCH. d. Lobbying Activity. The parties acknowledge that OCH will not direct nor control Grantee’s interactions with any government officials or employees. Grantee agrees that it will advise OCH if it or any of its agents engage in activity that could give rise to any disclosure of the Grant or OCH under federal, state, or local lobbying disclosure rules and/or campaign finance laws. e. Compliance with the Law. Grantee complies with, and will continue to comply with, all applicable local, state, federal, and foreign laws, statutes, rules, and regulations, as amended from time to time. f. Restriction on Referral Fees. Grantee will ensure that any contract that Grantee is a party to or that Grantee enters into in connection with this Grant will include prohibitions on the payment of referral fees, commissions or similar arrangements to any person or entity whatsoever. g. Subgrantees. If budgeted for, Grantee may select subgrantees of its choice to assist Grantee in furtherance of the Purpose and as set forth in Exhibit A and B. Grantee confirms that OCH has not required either in writing or orally that Grantee select any specific subgrantee, and Grantee shall retain full discretion and control over the selection of subgrantees. Grantee is responsible for ensuring that all subgrantees use Grant funds solely in a manner that is consistent with this Agreement. h. Accurate Information. All information relating to the Grant heretofore provided to OCH by Grantee or to be provided to OCH by Grantee during the Term has been, and for the duration of the Term (and for so long as any obligations pursuant to Sections 5 and 6 of this Agreement remain outstanding) will at all times continue to be true, accurate and complete in all material respects. 4. Intellectual Property. Grantee grants OCH a non-exclusive, non-commercial, perpetual, worldwide, transferable, royalty-free license (the “License”) to: (i) any and all work product, source code, computer programs, applications, writings, other works of authorship, copyrights, inventions, designs, utility models, patents, trademarks, and trade secrets; (ii) applications or derivatives of or related to any of the foregoing; and (iii) any other intellectual property rights; that (a) arise or result from Grantee’s direct or indirect use of the Grant; or (b) are created by or for Grantee in furtherance of the Purpose (collectively, the “Grant- Related Intellectual Property”). The License includes at least the following rights: (i) to make or have made, use, import, or provide any service, product, method, or apparatus, covered by the Grant-Related Intellectual Property; (ii) to reproduce, prepare derivative works of, make 4 improvements to, perform, display, and distribute any work, process, or service, covered by the Grant-Related Intellectual Property; and (iii) a limited right to sublicense the Grant- Related Intellectual Property to third-parties either for use by any such third party solely to support OCH’s non-commercial use of the Grant-Related Intellectual Property, or for non- commercial use by any such third party. 5. Records. Grantee will maintain and preserve, as applicable: (i) accurate and complete records of receipts and expenditures made from Grant funds and (ii) all back-up files, papers, software code, instructions, specifications, materials, and documentation relating to, comprising, constituting, and/or necessary for the use of the Grant-Related Intellectual Property during the period covered by Grantee’s reporting obligations specified in Section 6 of this Agreement and for at least three (3) years thereafter. During the Term, and for three (3) years thereafter, upon the request of OCH, Grantee shall make such records available for inspection by OCH and its representatives during normal business hours, and Grantee shall cooperate and assist OCH with OCH’s review of such records. In the event of termination of this Agreement, OCH may, in writing, request that Grantee provide OCH with such records or access to such records, and Grantee will provide all such materials to OCH or access to such materials within ten (10) business days of OCH’s written request. 6. Reporting and Information. a. IRS Information. Grantee will immediately provide OCH with (i) a copy of Grantee’s current, valid determination letter from the Internal Revenue Service recognizing Grantee’s status as a Qualifying Grantee; and (ii) upon request by OCH, copies of Grantee’s financial statements and Forms 990, as applicable, with respect to Grantee’s fiscal years occurring during the Term. b. Reporting. Grantee will promptly provide OCH with the grant reports (each a “Grant Report” and collectively, the “Grant Reports”) described in Exhibit B. Each Grant Report will utilize the applicable template provided by OCH and will include the following: (i) a confirmation that the Grant funds have been spent exclusively toward the Purpose/deliverables in accordance with the budget and scope of work and have not been used to carry on propaganda, influence legislation, fund any political campaign, influence the outcome of any election, carry on any voter registration drives, violate any applicable local, state, federal, or foreign law, or used to undertake any activities for a non-charitable purpose; (ii) a full, detailed accounting of expenditures of Grant funds during the relevant period as delineated in Exhibit A; (iii) a narrative of what was accomplished by the use of such funds during the reporting period (including a description of progress made in fulfilling the Purpose/deliverables of the Grant) as well as any supporting documentation; and (iv) a confirmation of Grantee’s compliance with the terms of this Agreement. Grantee shall also inform OCH of any material change in its 5 operating budget and expenses. Grantee also agrees to provide OCH with a copy of all materials developed or published using the Grant. Moreover, the Grant Reports shall include any other information requested by OCH reasonably in advance of the due date of the relevant Grant Report. c. Unspent Funds. If the Grant funds are not fully expended by Grantee in accordance with the Budget as set forth in Exhibit A, Grantee will disclose this in the Grant Reports, and OCH will make a determination about such funds upon receipt of such information, including whether Grantee shall be required to return unspent funds to OCH. Grantee may not reallocate any unspent funds and may not spend or retain unspent funds after the Budget end date without prior written approval from OCH. d. Required Notifications. Grantee will (i) immediately furnish OCH with any information concerning a threatened, proposed, or actual change in Grantee’s status as a Qualifying Grantee, and (ii) provide OCH prompt written notice (1) if any of the events in Section 7 of this Agreement occurs, (2) of each and every event which, at the giving of notice or lapse of time, could reasonably be expected to constitute an event described in Section 7 of this Agreement, and (3) if any civil or criminal complaint, demand, claim, investigation, or adversarial proceeding is asserted or threatened against Grantee, any other entity engaged in the Purpose, or any of their respective employees, contractors, or subgrantees. 7. Termination. This Agreement may be terminated by OCH if any of the following has occurred, it being understood and agreed that the determination of whether any such condition or event has occurred will be made by OCH in its sole discretion: a. Any of the warranties or representations made by Grantee in this Agreement is or becomes untrue in any respect; b. Grantee uses any portion of the Grant for any purpose other than the Purpose without the prior written consent of OCH; c. The Internal Revenue Service makes a determination, preliminary or otherwise, that the Grant does not constitute a qualifying distribution by OCH within the meaning of Code Section 4942(g)(1)(A) or (B); d. Grantee, or any representative thereof, has materially misrepresented to OCH its activities or financial condition; e. Grantee fails to comply with any of the provisions of this Agreement including, but not limited to, the Budget and Milestones/Deliverables in Exhibits A and B, respectively; f. The Grant or its Purpose does not contribute to the accomplishment of Grantee’s charitable mission as originally anticipated. The effective date of OCH’s termination of this Agreement (the “Termination Effective Date”) shall be the earlier of (a) the date notice is given by OCH to Grantee of the termination, and (b) if so elected by OCH, the date on which the event triggering the right of termination occurred. The delay in, or failure of, OCH to exercise its right to terminate at any time shall not be a waiver of such right, either with respect to the cause giving rise 6 thereto or any other cause for termination, and the payment by OCH of any portion of the Grant after notice of an event giving rise to a right to terminate shall not be a waiver of the right to terminate or any rights of OCH upon termination, and in no event will such delay, failure or payment give rise to any argument for novation, ratification, estoppel, laches, or any other equitable or legal defense if OCH later elects to exercise its right of termination. 8. Payment Obligation; Return of Funds. In the event that OCH terminates this Agreement pursuant to the terms hereunder: a. Any remaining payment obligation of OCH to Grantee shall be null and void as of the Termination Effective Date; b. If OCH terminates this Agreement pursuant to any provision hereunder other than Section 7(a) or 7(e) of this Agreement, Grantee shall promptly return to OCH any amounts of the Grant previously paid to Grantee which have not yet been expended as of the Termination Effective Date or which were not used for the Purpose and/or deliverables provided in this Agreement. In the case of a termination pursuant to any such provision, Grant funds irrevocably committed to pay to a third party in furtherance of the Purpose under a non-cancellable agreement may be retained and paid to the third party in fulfillment of obligations under such agreement upon approval of OCH; however, such non-cancellable agreements should be avoided whenever reasonably possible; and c. If OCH terminates this Agreement pursuant to either Section 7(a) or 7(e) of this Agreement, Grantee shall promptly return to OCH an amount equal to the amount of the Grant previously paid to Grantee. 9. Insurance. Grantee must provide insurance coverage as set out in this section. The intent of the required insurance is to protect OCH should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of Grantee or grantee’s subcontractor, or agents of either, while performing under the terms of this Agreement. Grantee must provide insurance coverage that is maintained in full force and effect during the term of this Agreement. The Grantee must provide proof of the following: d. Commercial general liability insurance: Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1 million per occurrence/$2 million general aggregate. Additionally, Grantee is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. e. Professional liability errors and omissions insurance: Provide a policy with coverage of not less than $1 million per claim/$2 million general aggregate. f. Business automobile liability insurance: In the event that services delivered pursuant to this Agreement involve the use of vehicles, either owned, hired, or non- owned by the Grantee, automobile liability insurance is required covering the risks 7 of bodily injury (including death) and property damage, including coverage for contractual liability. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. The commercial general liability and the business automobile liability policies must name OCH, its agents and employees as additional insureds under the insurance policy/ies. All policies must be primary to any other valid and collectable insurance. In the event of cancellation, non-renewal, revocation or other termination of any insurance coverage required by this Agreement, Grantee must provide written notice of such to OCH within one (1) Business Day of Grantee’s receipt of such notice. Failure to buy and maintain the required insurance may, at OCH’s sole option, result in this Agreement’s termination. 10. Indemnity; Liability. Grantee shall indemnify, defend and hold harmless OCH, and their officers, directors, founders, managers, employees, and agents and each of their affiliates (collectively, the “Indemnified Parties”), from and against, any liability, damage, loss or expense (including reasonable attorneys’ fees and expenses of litigation) incurred or imposed upon the Indemnified Parties in connection with any claims, suits, actions, demands or judgments, arising out of or related to (a) any act or omission of Grantee, its employees or agents in applying for or accepting the Grant; (b) the expending of Grant funds furnished pursuant to this Agreement; or (c) the carrying out of any programs or projects funded by the Grant. OCH shall not be liable for any losses, damages, claims or other liabilities arising out of Grantee’s activities. It is expressly understood that OCH, by making the Grant and entering into this Agreement, has no obligation to provide other or additional support to Grantee. 11. Grant Publicity. Grantee may include the name and logo of OCH in a general list of Grantee’s supporters without prior permission, provided that Grantee treats OCH in the same manner that it treats its other similarly situated donors and supporters and provided further that Grantee complies with the terms of OCH’s trademark usage guidelines as provided by OCH from time to time. Grantee may disclose the Grant as required by IRS requirements such as disclosure in Grantee’s Form 990 and as otherwise required by law or regulation, provided that Grantee provides OCH with at least three (3) business days’ advance notice of any such disclosure and agrees to cooperate with OCH to revise such disclosure as reasonably requested by OCH. Except as otherwise set forth above, if Grantee desires to use the name or logo of the name of OCH, or link to OCH, directly or indirectly (i.e., speaking events, press interviews, press release, professional or trade publication, website, advertisement, or other public document or announcement), Grantee shall obtain prior written consent from OCH for such use, reference, or link. Grantee shall seek such consent at least three (3) business days in advance of Grantee’s proposed publicity, and shall provide the Grant ID, content to be approved, as well as the timing and outreach strategy. Grantee shall send all such information to admin@olympicch.org and shall designate a Grantee point of contact with email address and telephone number for such request and future requests. Notwithstanding the foregoing, the parties recognize that this Section does not affect Grantee’s rights to publish any materials or research funded with this Grant or to 8 release public statements or information about activities or research funded with this Grant to the extent such materials, research, statements, or information do not mention the Grant, this Agreement, and/or OCH. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington, and shall be performable and enforceable in Jefferson County, Washington. The sole and exclusive jurisdiction for any dispute arising under or related to this Agreement shall be in the state district courts of Jefferson County, Washington, and Grantee irrevocably submits in advance to personal jurisdiction in the state superior courts of Jefferson County, Washington. EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. 13. Entire Agreement. This Agreement supersedes any prior oral or written understanding or communications between the parties or any representative thereof and constitutes the entire agreement of the parties with respect to the subject matter hereto. This Agreement may not be amended or modified, nor any of its provisions waived, except in a written document (which may include electronic mail) signed by an authorized representative of Grantee and OCH Grants Manager or other authorized representative. All exhibits hereto constitute part of this Agreement and are expressly incorporated herein. 14. Waiver. Any waiver of any kind by either party of a breach of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach. Either party’s delay or omission in exercising any right, power, or remedy pursuant to a breach or default by the other party shall not impair any right, power, or remedy which that party may have. 15. Severability. If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, such provision shall be ineffective only to the extent of such illegality or unenforceability. The remainder of this Agreement shall remain in full force and effect, and the parties shall amend or otherwise modify this Agreement to replace the affected provision or portion thereof with an effective and valid provision that gives effect to the intent of the parties to the maximum extent possible. 16. Assignment. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective permitted successors, assigns, heirs and legatees; provided, however, Grantee cannot assign, or otherwise transfer, its rights or delegate any of its obligations, without the prior written consent of OCH, which consent OCH may withhold, condition or delay in its sole discretion. 17. No Third Party Rights. Except for the Indemnified Parties as set forth in Section 10 of this Agreement, it is the explicit intention of the parties that no person or entity other than the parties is or shall be entitled to bring any action to enforce any provision of this Agreement and that the covenants and agreements set forth herein shall be solely for the benefit of and enforceable only by the parties or their respective successors and assigns as permitted hereunder. 9 18. Remedies. The rights and remedies provided in this Agreement are cumulative in nature and shall be in addition to any such other rights and remedies available at law or in equity. Grantee acknowledges and agrees that there can be no adequate remedy at law for any breach by Grantee of this Agreement, that any such breach may result in irreparable harm to OCH for which monetary damages would be inadequate to compensate OCH, and that OCH shall have the right, in addition to any other rights available under applicable law, to obtain injunctive relief to restrain any breach or threatened breach of, or otherwise to specifically enforce, any covenant or obligation of Grantee under this Agreement, without the necessity of posting any bond or security. 19. Independent Parties. This Agreement shall not be deemed to create any relationship of agency, partnership, or joint venture between the parties hereto. Grantee acknowledges and agrees that it will conduct all activities funded by the Grant in its own name and that Grantee’s employees and agents are not, and will not hold themselves out to be, agents or representatives of OCH for any purpose. 20. Survival. The provisions of Sections 4, 5, 6, 8, 9, and 10, 11 shall survive any expiration or termination of this Agreement, and each party shall remain obligated under any other provisions that expressly or by their nature survive any expiration or termination of this Agreement. 21. Multiple Counterparts. This Agreement may be signed in multiple counterparts, which may be signed by the parties separately, but together shall constitute a single agreement. 22. Grantee and Grantor Contract Managers. Grantee’s Contract Manager will have prime responsibility and final authority for the work performed provided under this Contract and be the principal point of contact for OCH Contract Manager for all business matters, performance matters, and administrative activities. OCH’s Contract Manager is responsible for monitoring the Grantee’s performance and will be the contact person for all communications regarding Contract performance and deliverables. OCH Contract Manager has the authority to reject any services that OCH Contract Manager reasonably determines do not comply with the terms of the Contact. The contact information provided below may be changed by written notice of the change (email acceptable) to the other party. GRANTEE CONTRACT MANAGER INFORMATION Name: Derrell sharp Phone: 360.417.4652 Email: dsharp@cityofpa.us OCH CONTRACT MANAGER INFORMATION Name: Miranda Burger Title: Program Manager Address: PO Box 641, Port Townsend, WA 98368 Phone: 360.633.9579 Email: miranda@olympicch.org We look forward to our Grant assisting your organization in accomplishing its mission and charitable goals. 10 Sincerely, Olympic Community of Health By: Name: Celeste Schoenthaler Title: Executive Director Date: ACCEPTED AND AGREED: Port Angeles Fire Department By: Name: Title: Date: 11 EXHIBIT A BUDGET 1. Commencement Date [CHECK ONE] ______ All Grant spending will commence on the Effective Date; OR ___X__ OCH acknowledges that Grantee began work related to the Purpose on July 24, 2022. Accordingly, Grant funds may be used for costs that were incurred between July 24, 2022 and the Effective Date so long as the terms below were complied with. 2. Use of Grant Funds. The Grant will be used exclusively for and directly related to the Purpose/deliverables and in strict compliance with the terms of this Agreement. Grantee is not required to provide accounting or invoices to OCH. EXHIBIT B MILESTONES, REPORTING, AND PAYMENT SCHEDULE Project Report Requirements All milestones and reports will be completed by Grantee as soon as practicable and in no event later than the deadlines specified below, unless Grantee has received OCH’s prior written consent to amend these deadlines. Project reports shall provide the following: 1. a narrative of what was accomplished by the use of such funds during the reporting period (including a description of progress made in fulfilling the Purpose of the Grant and deliverables completed) as well as any supporting documentation. 2. a confirmation that the Grant funds have been spent exclusively toward the purpose/deliverables in accordance with the budget and scope of work and have not been used to carry on propaganda, influence legislation, fund any political campaign, influence the outcome of any election, carry on any voter registration drives, violate any applicable local, state, federal, or foreign law, or used to undertake any activities for a non-charitable purpose; 3. a confirmation of Grantee’s compliance with the terms of this Agreement. Grantee also agrees to provide OCH with a copy of all materials developed or published using the Grant. Moreover, the Grant Reports shall include any other information requested by OCH reasonably in advance of the due date of the relevant Grant Report. Payment Schedule Provided Grantee has timely submitted the relevant documentation (e.g., Grant Report, analysis plan, etc.) evidencing its completion of the corresponding milestones, deliverables or reports as described above, and is otherwise in full compliance with the terms of this Agreement, including, but not limited to, Exhibits A and B, OCH shall pay Grantee the Grant in accordance with the table below. Installment Payments Amount Expected Date 1. $17,500 2 weeks following the not yet scheduled site visit with OCH program staff (approx. September/October 2022). 2. $17,500 2 weeks following Grantee submission of a written progress report (approx. January 2023) TOTAL: $35,000 EXHIBIT C SCOPE OF WORK 1. Join an action collaborative. These cross-region workgroups launched in March of 2022 and are working to create action plans for the next four years of collaborative work. OCH staff will provide an orientation to catch new members up on work-to-date. Choose one or more groups from this schedule. 2. Advance one, two, or three projects. Choose from a menu of options and join partners across the region in tackling various collaborative health issues. Option 1: Reduce stigma of substance use disorder Option 2: Address the health-serving workforce crisis (projects can address recruitment, retention, engagement, and/or development) Option 3: Collaborate with at least one local organization or Tribe to enhance community-clinical linkages through care coordination or other strategies that address the social determinants of health. Project Description from Grantee Application: Project 1: Improve community health by streamlining first responder referral of patients to the Port Angeles Community Paramedic program through technological and communication upgrades. Desired Results of Project 1: Enhance access and referral to the Port Angeles Community Paramedic Program for Medicaid, substance use disorder and behavioral health patients encountered in the field by Clallam County Emergency Responders. Supplying First Responders with rugged portable computers equipped with electronic health record technology compatible accross all agencies would enable 911 crews to contact, refer and/or dispatch PAFD Community Paramedics to the scene and securely transfer HIPAA protected PHI effectively, efficiently and securely. Current Status of Project 1: Referral of patients to the Community Paramedic Program from Clallam County Emergency Medical Personnel is time consuming and cumbersome leading to significant delays in care and missed referral opportunities. It is well documented that First Responders ie. 911 EMT's and Paramedics are the first to encounter healthcare-deprived individuals in most communities throughout the country. The primary role of the First Responder is to quickly and efficiently assess, treat and transport patients to definitive care, return to service and respond to the next emergency medical assistance call. Throughout the county 911 is utilized heavily by community members for non-emergency medical, physical, emotional and behavioral assistance that do not always benefit from transport to a definitive care facility. Equipping 911 First Responders with the ability to assess, initiate treatment and efficiently contact, refer and/or dispatch Community Paramedics to the scene of the non-acute patient to improves their access to affordable, effective and sustainable healthcare. Key Activities to Implement Project 1: * Purchase CF20 Panasonic Toughbooks. * Configure CF20 Panasonic Toughbooks with the following communication enhancement platforms + ESO electronic patient care reporting application + Computer Aided Dispatch System + Verizon Wireless Sim Cards + Port Angeles Fire Department Community Paramedic Referral Application * Installation of Vehicle Mounted Docking System * Development and Implementation of Community Paramedic Electronic Patient Care Referral Procedures Project 2: Provide underserved community members with diagnostic testing in the field by Community Paramedics. Desired Results of Project 2:  Acquisition of portable ISTAT machines to be utilized by the Community Paramedic program to obtain INR and Chem-8 metabolic readings in the field. Patients are often transported to the hospital with suspicion of metabolic disorders, which can cause severe cardiac and other health problems. The ability to determine the likely cause of illness in the field allows for patients to be treated at home or sent to the most appropriate facility. Telehealth appointments, Home Health visits, and transport to Primary Care facilities are all possible alternatives to unnecessary and expensive trips to the Emergency Room. For homebound, chronically anticoagulated patients, the ability to obtain INRs in the field can help mitigate the need for weekly ambulance transports for simple, 5-minute blood tests. Current Status of Project 2: Community Paramedics currently draw blood in the field and deliver samples to the lab for analysis. This process yields results in days; having the ability to perform certain common blood tests in the field would reduce the time and expense needed for these simple procedures. Success will be measured by reporting data with will be evaluated for how the information gleaned from ISTT readings affected the transport and treatment decision for both EMS and primary care providers. Key Activities to Implement Project 2: Purchase Abbott I-STAT 1 Develop and implement protocols for use of I-STAT in the field Educate all qualified providers in use of I-STAT and the clinical implications of I-STAT readings Integrate I-STATs into the Community Paramedic referral process for 911 First Responders. 3. Participate in a site visit. In the Fall of 2022, connect in-person or via zoom with OCH staff to share about your progress-to-date. 4. Written progress report. In January of 2023, submit a written report to OCH outlining progress, successes, and challenges. (Template to be provided by OCH). Date: August 16, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Round Tree Road 20-inch Water Main Repair CON-2022-54 Background / Analysis: City staff discovered a leak on the City 20-inch concrete cylinder water transmission main just east of Ennis Creek near Round Tree Road and Monroe Road. The failed segment of main is a critical component of the City’s water distribution system. This main was installed in the 1960’s and serves as the primary water source for Clallam County Public Utility District (PUD) Round Tree Reservoir. In addition, forty-five customers that rely solely on the 20-inch water main as their primary source of water were at risk of losing water service. For those reasons, it is imperative that the repairs are made immediately. Notice of the bid opportunity was advertised through the Municipal Research and Services Center (MRSC) Rosters on August 5, 2022 and posted to the City’s website. The City did not receive any bids on August 10, 2022 at the scheduled closing of the bid. In line with State procurement procedures the City next reached out to local contractors to request a quote and schedule for the 20-inch Water Main Round Tree Repair Project. It was found that due to a busy summer construction season contractor availability was very limited. Vet Industrial Inc. from Bremerton, WA was the only contractor to provide both a responsible quote and meet the City’s schedule of immediately completing the repair. Vet Industrial has provided a quote in the amount of $57,450. The Engineer’s estimate was $50,000. Funding Overview: Available in Water Utility Repair and Maintenance budget line item 402-7380- 534-4810 in an amount $65,000. Summary: City staff discovered a leak on the City 20-inch concrete cylinder water transmission main just east of Ennis Creek near Round Tree Road and Monroe Road. The failed segment of water main is a critical component to the City’s water distribution system and is the primary water source for the Clallam County Public Utility District (PUD) Round Tree Reservoir. Funding: Funding for the contract was made available through the 2022 budget from the Water Utility Repair and Maintenance budget line item 402-7380-534-4810 in an amount of $65,000. Recommendation: Award a construction contract with Vet Industrial Inc, for the 20-inch Water Main Round Tree Repair Project, CON-2022-54, in the amount of $57,450 and authorize the City Manager to sign all documents necessary to execute the construction contract for the project and to make minor modifications to the contract, as necessary. CITY COUNCIL MEETING Port Angeles, Washington July 5 , 2022 This meeting was held virtually. CALL TO ORDER-REGULAR MEETING Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:02 p.m. It was moved by Schromen-Wawrin and seconded by Carr to: Excuse Council member Meyer from the meeting. Motion carried 6-0. ROLL CALL Members Present: Mayor Dexter, Council Members Carr, French, McCaughan (joined at 6:05 p.m.), Schromen- Wawrin and Suggs. Members Absent: Deputy Mayor Meyer. Staff Present: City Manager West, Attorney Bloor, Clerk Martinez-Bailey, C. Delikat, M. Sanders, B. Smith, T. Hunter, S. Carrizosa, V. McIntyre, J. Boehme, and A. Fountain. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. PUBLIC COMMENT No public comment was received. OTHER CONSIDERATIONS 1. Council Discussion Regarding No Tolerance on Racist Behavior in our Community Council member Schromen-Wawrin read a statement from a Port Angeles visitor reflecting on their experience encountering a racist statement spray painted on City property. Council discussion followed. The Mayor recessed the meeting for a break at 7:09 p.m. The meeting reconvened at 7:14 p.m. PUBLIC HEARINGS 1. Source Control Ordinances Public Works and Utilities Director Thomas Hunter provided background on the proposed ordinances. He spoke about the Source Control Program and coordinated inspections of local businesses to evaluate sites and activities routinely being performed at these locations, and best management practices for pollutant control and pollution prevention. Civil Engineer Jonathan Boehme provided information on inspections. Council discussion followed. At 7:16 p.m. the Mayor continued the public hearing. Hearing that no one wished to make a public comment on the matter, the Mayor closed the public hearing. Mayor Dexter read the resolution by title, entitled, ORDINANCES NO. 3693 AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 3.70 of the Port Angeles Municipal Code as follows. ORDINANCES NO. 3694 AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 13.62 and Chapter 13.63 of the Port Angeles Municipal Code relating to stormwater-utility and regulations. E - 1August 16, 2022 PORT ANGELES CITY COUNCIL MEETING – July 5, 2022 Page 2 of 3 It was moved by Suggs and seconded by Schromen-Wawrin to: Adopt the ordinances as read. It was moved by Schromen-Wawrin and seconded by French to: Continue the adoption of codes 3.70, 13.62, and 13.63 until the August Council meeting. After a roll call vote, the motion failed 0-6. It was moved by Suggs and seconded by Schromen-Wawrin to: Adopt ordinances as read. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 6-0. The Mayor recessed the meeting for a break at 8:26 p.m. The meeting reconvened at 8:31 p.m. OTHER CONSIDERATIONS CONTINUED 2. Habitat for Humanity Habitat for Humanity Chief Executive Officer Colleen Robinson provided a presentation on the work the organization does in the community and provided an update on a recent property purchase from the City to build fully ADA living space for veterans. Council discussion followed. CONSENT AGENDA At the request of Councilmember French and McCaughan and hearing no objection from the Council, Mayor Dexter added items J-1, J-2, I-3 and I-4 to the Consent Agenda. It was moved by French and seconded by McCaughan to approve the Consent Agenda to include: 1. Expenditure Report: From June 11, 2022 to June 24, 2022 in the amount of $2,639,886.11 / Approve 2. Material Purchase: Electrical Underground Cables / Award a contract with WESCO Distribution, Inc. of Portland, OR for 7,500 feet of cable for $39,576.00 including sales tax and authorize the City Manager to sign and make minor modifications to the contract as necessary 3. ADDED TO CONSENT J-1 / Service Agreement – Class B Biosolids Transportation & Beneficial Use Services / Approve and award a contract with Tenelco Inc. for biosolids transport and beneficial use at a rate of $122.00 per ton, not to exceed $200,000.00, and authorize the City Manager to sign and administer the contract and make minor modifications, as necessary 4. ADDED TO CONSENT J-2 / Material Purchase: Overhead Distribution Transformers MEC-2022-14, Contract Award / Award a contract to Wesco/Anixter of Portland, OR for the 2022 Overhead Distribution Transformers Materials Purchase MEC-2022-14, in the amount of $301,247.62, including applicable taxes, and authorize the City Manager to sign all documents necessary to execute and administer the contract and make minor modifications as necessary 5. ADDED TO CONSENT I 3 / Snake River Dam Removal Letter of Support/ Approve and authorize the Mayor to sign a letter to Senator Murray and Governor Inslee with comments on the draft report entitled Lower Snake River Dams: Benefit Replacement Draft Report 6. ADDED TO CONSENT I 4 / Lower Elwha Klallam Tribe Letter of Support/ Approve and authorize the Mayor to sign the letter in support of the transfer of lands to the Lower Elwha Klallam Tribe. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 6-0. OTHER CONSIDERATIONS CONTINUED 3. Community and Economic Development, Finance and Public Works and Utilities Department Position Changes and Restructure Manager West provided background on the agenda item and spoke about changes and cost impacts of the restructure. Council discussion followed. It was moved by French and seconded by McCaughan to: Approve the proposed position restructures in the Community and Economic Development, Finance and Public Works and Utilities Departments and authorize the City Manager and Human Resources to determine the correct placement of the job classifications on the current salary schedules based on comparative data from similar size cities and create or update applicable job descriptions. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 6-0. E - 2August 16, 2022 PORT ANGELES CITY COUNCIL MEETING – July 5, 2022 Page 3 of 3 CONTRACTS & PURCHASING 3. WASPC Mental Health Field Response Grant, 2022-2023 Contract Police Chief Brian Smith spoke to the agenda item and spoke about the benefits the funds will provide the community. Council discussion followed. Council member French stated he was a board member for Olympic Peninsula Community Clinic and recused himself from the discussion and vote, leaving the meeting at 9:24 p.m. He returned to the meeting at 9:31 p.m. It was moved by Carr and seconded by Schromen-Wawrin to: Accept the grant authorizing the City Manager to sign a professional services contract for mental health field response with WASPC and a contract with OPCC for services and to make minor modifications to both contracts as necessary. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 5-0. CITY COUNCIL REPORTS Council member Carr spoke about Board of Health updates. Council member French spoke about parking, 4PA, and upcoming meetings. Council member Schromen-Wawrin provided updates from his participation at the Association of Washington Cities Conference. SECOND PUBLIC COMMENT No public comment was received. The Mayor noted for the record there were no pre-recorded messages to play. It was moved by McCaughan and seconded by Schromen-Wawrin to: Extend the meeting until 10:05 p.m. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 6-0. Council member Suggs spoke about a Shore Aquatic Center meeting and shared updates on programs and attendance and spoke about the 4th of July event. Council member McCaughan spoke about attendance at the Forever Stream Fest event at Peninsula Community College. It was moved by Schromen-Wawrin and seconded by Carr to: Extend the meeting to the end of the agenda. The Mayor asked if there was unanimous consent, hearing no opposition, the motion carried 6-0. Mayor Dexter provided updates from her participation at the Association of Washington Cities Conference, spoke about the grand opening of the pump track, 4th of July events, and her attendance at a recent Coast Guard Change of Command ceremony. No other reports were given. INFORMATION Manager West spoke about a future ARPA item on a an upcoming Council agenda and an upcoming work session. ADJOURNMENT Mayor Dexter adjourned the meeting at 10:10 p.m. _____________________________________ _______________________________ Kate Dexter, Mayor Kari Martinez-Bailey, City Clerk E - 3August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount A/R MISCELLANEOUS REFUNDS PUGET SOUND PILOTS 001-0000-213.10-90 0.01 PUGET SOUND PILOTS 001-0000-213.10-90 57.93 PUGET SOUND PILOTS 001-0000-213.10-90 58.86 PUGET SOUND PILOTS 001-0000-213.10-90 59.92 PUGET SOUND PILOTS 001-0000-213.10-90 61.71 PUGET SOUND PILOTS 001-0000-213.10-90 63.76 PUGET SOUND PILOTS 001-0000-213.10-90 65.22 PUGET SOUND PILOTS 001-0000-213.10-90 65.81 PUGET SOUND PILOTS 001-0000-213.10-90 68.84 AMERICAN RAMP COMPANY SUPPLIES 001-0000-237.00-00 (15,123.54) DEPARTMENT OF REVENUE Excise Tax Returns-June 001-0000-237.00-00 30,109.43 Excise Tax Returns-June 001-0000-237.30-00 282.96 Excise Tax Returns-June 001-0000-237.50-00 935.55 MISC ONE-TIME VENDORS HEADSET ACCESSORIES FOR R 001-0000-237.00-00 (39.13) US BANK CORPORATE PAYMENT SYSTEM City Credit Card Pmt 001-0000-213.10-95 24,546.10 WA STATE PATROL JULY 2022 WSP FINGERPRINT 001-0000-229.50-00 238.50 WASHINGTON (DOL), STATE OF JULY 2022 CPL'S 001-0000-229.60-00 603.00 Division Total:$42,054.93 Department Total:$42,054.93 MADRONA LAW GROUP, PLLC CONSULTING SERVICES 001-1210-513.41-50 5,492.00 MISC TRAVEL WEST-CITY MANAGERS' MEETI 001-1210-513.43-10 37.76 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-1210-513.31-01 124.52 City Manager Division Total:$5,654.28 CIVICPLUS DATA PROC SERV &SOFTWARE 001-1230-514.41-50 9,710.41 CLALLAM CNTY AUDITOR CONSULTING SERVICES 001-1230-514.41-50 9,431.79 INTL INST MUNICIPAL CLERKS LIBRARY SERVICES(EXCL 908 001-1230-514.43-10 50.00 MEMBERSHIPS 001-1230-514.49-01 290.00 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-1230-514.31-60 213.35 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 32.44 COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 38.34 COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 48.98 City Clerk Division Total:$19,815.31 City Manager Department Total:$25,469.59 DEPARTMENT OF REVENUE Excise Tax Returns-June 001-2023-514.44-50 231.56 Page 1 of 34 Aug 10, 2022 7:31:49 AME - 4August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 001-2023-514.31-01 (316.75) WASHINGTON (AUDITOR), STATE OF FINANCIAL SERVICES 001-2023-514.41-50 12,190.50 Accounting Division Total:$12,105.31 DATABAR INCORPORATED MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,243.50 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,545.78 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,712.34 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,595.13 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,554.59 MISC PROFESSIONAL SERVICE 001-2025-514.41-50 2,705.29 ELAVON, INC-WIRE 3rd Party Cr Card Fees 001-2025-514.41-50 1,930.21 EQUIFAX FINANCIAL SERVICES 001-2025-514.41-50 83.98 FINANCIAL SERVICES 001-2025-514.41-50 83.98 LEXISNEXIS FINANCIAL SERVICES 001-2025-514.41-50 163.20 MISC EMPLOYEE EXPENSE REIMBURSEMENT GOMEZ-COVID-19 RAPID TEST 001-2025-514.43-10 99.00 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 262.50 OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 248.68 OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 (262.50) AUTO & TRUCK ACCESSORIES 001-2025-514.31-01 816.00 COMPUTER ACCESSORIES&SUPP 001-2025-514.31-01 249.36 PAYMENTUS GROUP INC Transaction Fees 001-2025-514.41-50 954.18 Transaction Fees 001-2025-514.41-50 11,439.85 PORT ANGELES CITY TREASURER Service Truck Supplies - 001-2025-514.31-11 20.25 SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.001-2025-514.31-11 6.96 Customer Service Division Total:$31,452.28 PACIFIC OFFICE EQUIPMENT INC CLOCKS 001-2070-518.31-01 22.85 Reprographics Division Total:$22.85 Finance Department Total:$43,580.44 CLALLAM CNTY COMMISSIONER'S OFFICE SUPPLIES 001-3012-598.51-23 79,228.51 SUPPLIES 001-3012-598.51-23 79,228.51 Jail Contributions Division Total:$158,457.02 LEXISNEXIS JULY LEGAL RESEARCH 001-3030-515.49-01 384.06 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 001-3030-515.31-60 425.34 City Attorney Division Total:$809.40 Page 2 of 34 Aug 10, 2022 7:31:49 AME - 5August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount City Attorney Department Total:$159,266.42 SHI INTERNATIONAL CORP COMPUTERS,DP & WORD PROC. 001-4050-558.48-02 157.53 Building Division Total:$157.53 MISC ONE-TIME VENDORS CANDIDATE TRAVEL REIMBURS 001-4060-558.49-01 343.74 CANDIDATE TRAVEL REIMBURS 001-4060-558.49-01 505.50 INTERIM DIRECTOR REIMBUSE 001-4060-558.49-01 3,350.00 EMPLOYEE REIMBURSEMENT 001-4060-558.49-01 2,067.62 Planning Division Total:$6,266.86 OLYMPIC PLACE APARTMENTS BLDG CONSTRUC. SERVICES- 001-4071-558.49-91 10,000.00 Economic Development Division Total:$10,000.00 Community Development Department Total:$16,424.39 GALLS CLOTHING & APPAREL 001-5010-521.31-11 406.54 CLOTHING & APPAREL 001-5010-521.31-11 354.21 CLOTHING & APPAREL 001-5010-521.31-11 417.78 LEXISNEXIS LIBRARY SERVICES(EXCL 908 001-5010-521.49-01 54.40 MISC EMPLOYEE EXPENSE REIMBURSEMENT REIMBURSEMENT FOR FUEL/VE 001-5010-521.43-10 30.10 MISC ONE-TIME VENDORS PAPD PROMOTIONAL VIDEO 001-5010-521.41-50 2,190.00 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5010-521.31-01 87.04 SWAIN'S GENERAL STORE INC METALS,BARS,PLATES,RODS 001-5010-521.31-01 15.72 Police Administration Division Total:$3,555.79 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5021-521.42-10 62.44 SHIPPING AND HANDLING 001-5021-521.42-10 13.30 SHIPPING AND HANDLING 001-5021-521.42-10 22.62 SHIPPING AND HANDLING 001-5021-521.42-10 26.60 SHIPPING AND HANDLING 001-5021-521.42-10 22.62 MISC TRAVEL R CAMERON-FBI CAST TRAINI 001-5021-521.43-10 155.25 THOMSON REUTERS-WEST SECURITY,FIRE,SAFETY SERV 001-5021-521.49-01 184.68 Investigation Division Total:$487.51 ACTION TARGET, INC COMPUTERS,DP & WORD PROC. 001-5022-521.31-80 477.34 ELECTRONIC COMPONENTS 001-5022-521.31-80 21.62 CRIMINAL JUSTINCE TRAINING COMM HUMAN SERVICES 001-5022-521.43-10 350.00 LEXIPOL LLC HUMAN SERVICES 001-5022-521.43-10 1,935.60 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 12.52 Page 3 of 34 Aug 10, 2022 7:31:49 AME - 6August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount LINCOLN STREET STATION SHIPPING AND HANDLING 001-5022-521.42-10 12.52 SHIPPING AND HANDLING 001-5022-521.42-10 44.98 MISC TRAVEL BALDERSON-FIELD TRAINING 001-5022-521.43-10 366.30 K COOPER-NTOA LESS LETHAL 001-5022-521.43-10 1,219.55 FAIRBANKS-NATL HITS K9 SE 001-5022-521.49-80 379.50 K MILLER-NATL HITS K9 SEM 001-5022-521.49-80 1,233.27 MOTOROLA SOLUTIONS, INC SOUND SYSTEMS & ACCESSORY 001-5022-521.31-14 566.14 OLYMPIC MEDICAL CENTER PINKERTON 001-5022-521.49-90 59.00 SCHREVEN 001-5022-521.49-90 59.00 DEBELLO 001-5022-521.49-90 59.00 PRIBYL 001-5022-521.49-90 59.00 OLYMPIC PENINSULA COMMUNITY CLINIC MISC PROFESSIONAL SERVICE 001-5022-521.41-50 9,500.00 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5022-521.31-01 540.74 PRINTING,SILK SCR,TYPSET 001-5022-521.31-01 833.41 SECURE IT TACTICAL, INC. FURNITURE, OFFICE 001-5022-521.35-01 4,877.04 SWAIN'S GENERAL STORE INC HOSP SURG ACCES & SUNDRIS 001-5022-521.31-80 27.06 JANITORIAL SUPPLIES 001-5022-521.31-01 16.29 TAPE(NOT DP,SOUND,VIDEO) 001-5022-521.31-01 24.80 VOIANCE LANGUAGE SERVICES, LLC MISC PROFESSIONAL SERVICE 001-5022-521.42-10 12.50 Patrol Division Total:$22,687.18 CRIMINAL JUSTINCE TRAINING COMM HUMAN SERVICES 001-5029-521.43-10 100.00 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-5029-521.31-01 32.64 PRINTING,SILK SCR,TYPSET 001-5029-521.31-01 354.69 Records Division Total:$487.33 Police Department Total:$27,217.81 ACTIVE 911, INC MEMBERSHIPS 001-6010-522.42-13 829.60 GLOBALSTAR USA COMMUNICATIONS/MEDIA SERV 001-6010-522.42-10 99.30 A/C AC00153767 001-6010-522.42-10 114.08 LEMAY MOBILE SHREDDING OFFICE MACHINES & ACCESS 001-6010-522.41-50 100.00 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-6010-522.31-01 158.06 Fire Administration Division Total:$1,301.04 COASTAL HEALTH HEALTH RELATED SERVICES 001-6020-522.41-50 210.00 CURTIS & SONS INC, L N CLOTHING & APPAREL 001-6020-522.31-11 1,819.67 Page 4 of 34 Aug 10, 2022 7:31:49 AME - 7August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount CURTIS & SONS INC, L N HAND TOOLS ,POW&NON POWER 001-6020-522.35-01 218.95 CLOTHING & APPAREL 001-6020-522.31-11 868.39 DEPARTMENT OF LABOR & INDUSTRIES CLOTHING & APPAREL 001-6020-522.35-01 19.23 FOWLER FIRE RENTAL/LEASE EQUIPMENT 001-6020-522.43-10 395.00 RENTAL/LEASE EQUIPMENT 001-6020-522.43-10 465.00 MISC EMPLOYEE EXPENSE REIMBURSEMENT Re-issue Ck 191797 001-6020-522.20-80 151.18 MISC ONE-TIME VENDORS HEADSET ACCESSORIES FOR R 001-6020-522.31-14 483.80 NORTHWEST SAFETY CLEAN CLOTHING & APPAREL 001-6020-522.31-11 133.85 CLOTHING & APPAREL 001-6020-522.31-11 140.08 CLOTHING & APPAREL 001-6020-522.31-11 1,132.55 CLOTHING & APPAREL 001-6020-522.31-11 201.53 CLOTHING & APPAREL 001-6020-522.31-11 134.73 SEAWESTERN INC CLOTHING & APPAREL 001-6020-522.20-80 654.11 Fire Suppression Division Total:$7,028.07 BRD FOR VOLUNTEER FIREFIGHTERS 2021 REMITTANCE BVFF 001-6045-522.49-01 702.00 EMSCONNECT MEMBERSHIPS 001-6045-522.43-10 250.00 MEMBERSHIPS 001-6045-522.43-10 236.00 MEMBERSHIPS 001-6045-522.43-10 222.00 Fire Training Division Total:$1,410.00 A-1 PERFORMANCE, INC EQUIP MAINT & REPAIR SERV 001-6050-522.41-50 371.00 OLYMPIC ELECTRIC CO INC ENGINEERING SERVICES 001-6050-522.48-10 307.03 OLYMPIC PARTY & CUSTODIAL SUPPLIES SUPPLIES 001-6050-522.31-01 61.27 SWAIN'S GENERAL STORE INC SUPPLIES 001-6050-522.31-20 10.85 SUPPLIES 001-6050-522.31-20 34.32 SUPPLIES 001-6050-522.31-20 24.99 SUPPLIES 001-6050-522.31-20 127.23 LAWN MAINTENANCE EQUIP 001-6050-522.31-20 48.95 Supplies 001-6050-522.31-20 11.94 Facilities Maintenance Division Total:$997.58 Fire Department Total:$10,736.69 AMAZON CAPITAL SERVICES FIRST AID & SAFETY EQUIP.001-7010-532.31-01 168.90 ESRI INC DATA PROC SERV &SOFTWARE 001-7010-532.48-02 22,420.00 Page 5 of 34 Aug 10, 2022 7:31:49 AME - 8August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount OFFICE DEPOT FIRST AID & SAFETY EQUIP.001-7010-532.31-01 22.30 OFFICE SUPPLIES, GENERAL 001-7010-532.31-01 9.30 SUPPLIES 001-7010-532.31-01 38.07 SUPPLIES 001-7010-532.31-01 5.79 SUPPLIES 001-7010-532.31-01 6.61 SUPPLIES 001-7010-532.31-01 53.08 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 001-7010-532.31-01 111.57 PACIFIC OFFICE EQUIPMENT INC FURNITURE, OFFICE 001-7010-532.31-01 (17.46) COMPUTERS,DP & WORD PROC. 001-7010-532.31-01 180.11 PROTHMAN CONSULTING SERVICES 001-7010-532.41-50 6,500.00 Public Works Admin. Division Total:$29,498.27 Public Works & Utilities Department Total:$29,498.27 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-8010-574.31-01 85.63 SUPPLIES 001-8010-574.31-01 11.10 SUPPLIES 001-8010-574.31-01 40.89 SUPPLIES 001-8010-574.31-01 647.36 Parks Administration Division Total:$784.98 ANGELES MILLWORK & LUMBER SUPPLIES 001-8050-536.31-20 29.01 SUPPLIES 001-8050-536.31-20 537.93 DEPARTMENT OF REVENUE Excise Tax Returns-June 001-8050-536.44-50 20.61 MATTHEWS BRONZE PA SUPPLIES 001-8050-536.34-01 415.40 MATTHEWS INTERNATIONAL SUPPLIES 001-8050-536.34-01 399.35 OLYMPIC STATIONERS INC SUPPLIES 001-8050-536.31-01 131.29 PORT ANGELES POWER EQUIPMENT SUPPLIES 001-8050-536.31-01 181.84 QUIRING MONUMENTS INC SUPPLIES 001-8050-536.34-01 225.00 SUPPLIES 001-8050-536.34-01 240.00 SUPPLIES 001-8050-536.34-01 817.00 SUPPLIES 001-8050-536.34-01 3,650.00 SUPPLIES 001-8050-536.34-01 1,328.00 SOUND PUBLISHING INC SUPPLIES 001-8050-536.41-15 325.00 SWAIN'S GENERAL STORE INC SUPPLIES 001-8050-536.31-20 134.78 THURMAN SUPPLY SUPPLIES 001-8050-536.31-20 360.81 Ocean View Cemetery Division Total:$8,796.02 ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 86.10 Page 6 of 34 Aug 10, 2022 7:31:49 AME - 9August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 109.15 SUPPLIES 001-8080-576.31-20 86.03 SUPPLIES 001-8080-576.31-20 44.85 SUPPLIES 001-8080-576.31-20 83.35 SUPPLIES 001-8080-576.31-20 91.69 SUPPLIES 001-8080-576.31-20 106.67 SUPPLIES 001-8080-576.31-20 46.78 SUPPLIES 001-8080-576.31-20 63.51 SUPPLIES 001-8080-576.31-20 75.84 SUPPLIES 001-8080-576.31-20 43.98 BAILEY SIGNS & GRAPHICS SUPPLIES 001-8080-576.31-20 1,006.40 BAXTER AUTO PARTS #15 SUPPLIES 001-8080-576.31-20 75.07 BILL'S PLUMBING & HEATING INC SUPPLIES 001-8080-576.45-30 100.00 BSN SPORTS SUPPLIES 001-8080-576.31-20 723.48 CENTRAL WELDING SUPPLY SUPPLIES 001-8080-576.49-90 31.68 DEPT OF NATURAL RESOURCES SUPPLIES 001-8080-576.49-90 1,005.30 FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 24.78 SUPPLIES 001-8080-576.31-20 5.11 FERGUSON ENTERPRISES INC SUPPLIES 001-8080-576.31-20 809.59 GOODMAN SANITATION SUPPLIES 001-8080-576.45-30 106.61 SUPPLIES 001-8080-576.45-30 106.61 SUPPLIES 001-8080-576.45-30 213.21 SUPPLIES 001-8080-576.45-30 319.82 HD SUPPLY FACILITIES MAINT. SUPPLIES 001-8080-576.31-20 844.85 HEARTLINE SUPPLIES 001-8080-576.31-40 143.62 SUPPLIES 001-8080-576.31-40 143.62 HI-TECH ELECTRONICS INC SUPPLIES 001-8080-576.45-30 390.47 INTERMOUNTAIN LOCK & SECURITY SPLY SUPPLIES 001-8080-576.31-01 243.75 NAPA AUTO PARTS SUPPLIES 001-8080-576.31-20 19.25 NORTHWEST RECYCLING SUPPLIES 001-8080-576.45-30 81.60 SUPPLIES 001-8080-576.45-30 81.60 PACIFIC NETTING PRODUCTS INC SUPPLIES 001-8080-576.31-20 1,934.88 PLAY BY DESIGN SUPPLIES 001-8080-576.31-20 963.00 SUPPLIES 001-8080-576.31-20 254.00 Page 7 of 34 Aug 10, 2022 7:31:49 AME - 10August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount PORT ANGELES POWER EQUIPMENT Repair 001-8080-576.31-01 (25.48) SUPPLIES 001-8080-576.31-01 853.86 SUPPLIES 001-8080-576.31-01 39.07 SUPPLIES 001-8080-576.48-10 36.87 PORT OF PORT ANGELES SUPPLIES 001-8080-576.31-20 120.00 SUPPLIES 001-8080-576.45-30 5,548.50 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-20 54.37 SUPPLIES 001-8080-576.31-20 28.19 SUPPLIES 001-8080-576.31-20 574.58 SUPPLIES 001-8080-576.31-20 48.73 SUPPLIES 001-8080-576.31-01 26.05 SUPPLIES 001-8080-576.31-01 244.66 SUPPLIES 001-8080-576.31-01 17.96 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 5.81 SUPPLIES 001-8080-576.31-20 631.26 SUPPLIES 001-8080-576.31-20 46.03 TOPPER INDUSTRIES INC SUPPLIES 001-8080-576.48-10 (11,777.82) SUPPLIES 001-8080-576.48-10 726.24 SUPPLIES 001-8080-576.48-10 11,777.82 SUPPLIES 001-8080-576.48-10 3,261.82 SUPPLIES 001-8080-576.48-10 29,444.54 SUPPLIES 001-8080-576.48-10 2,683.33 WASHINGTON (UNEMP), STATE OF HUMAN SERVICES 001-8080-576.20-60 3,170.00 Parks Facilities Division Total:$58,002.64 Parks & Recreation Department Total:$67,583.64 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8112-555.31-20 317.87 HANSON SIGN COMPANY SUPPLIES 001-8112-555.48-10 2,396.86 THURMAN SUPPLY SUPPLIES 001-8112-555.31-20 11.89 SUPPLIES 001-8112-555.31-20 57.12 Senior Center Facilities Division Total:$2,783.74 ANGELES MILLWORK & LUMBER SUPPLIES 001-8131-518.31-20 53.22 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8131-518.31-20 8.23 SUPPLIES 001-8131-518.31-20 87.04 SUPPLIES 001-8131-518.31-20 124.03 DAVE'S HEATING & COOLING SVC SUPPLIES 001-8131-518.31-20 165.38 Page 8 of 34 Aug 10, 2022 7:31:49 AME - 11August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount DAVE'S HEATING & COOLING SVC SUPPLIES 001-8131-518.31-20 174.08 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8131-518.31-20 62.71 HD SUPPLY SUPPLIES 001-8131-518.31-20 211.03 JOHNSTONE SUPPLY INC SUPPLIES 001-8131-518.31-20 261.47 NAPA AUTO PARTS SUPPLIES 001-8131-518.31-20 28.05 OTIS ELEVATOR COMPANY INC SUPPLIES 001-8131-518.48-10 1,339.28 SWAIN'S GENERAL STORE INC SUPPLIES 001-8131-518.31-20 12.12 THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 185.80 SUPPLIES 001-8131-518.31-20 32.32 WALTER E NELSON CO SUPPLIES 001-8131-518.31-01 80.60 Central Svcs Facilities Division Total:$2,825.36 Facilities Maintenance Department Total:$5,609.10 General Fund Fund Total:$427,441.28 LULISH DESIGN MISC PROFESSIONAL SERVICE 101-1430-557.41-50 38,813.31 OLYMPIC PENINSULA VISITOR BUREAU MISC PROFESSIONAL SERVICE 101-1430-557.41-50 6,824.69 PORT ANGELES CHAMBER OF COMM MISC PROFESSIONAL SERVICE 101-1430-557.41-50 8,035.95 MISC PROFESSIONAL SERVICE 101-1430-557.41-50 9,050.04 Lodging Excise Tax Division Total:$62,723.99 Lodging Excise Tax Department Total:$62,723.99 Lodging Excise Tax Fund Total:$62,723.99 DEPARTMENT OF REVENUE Excise Tax Returns-June 102-0000-237.00-00 10.19 Division Total:$10.19 Department Total:$10.19 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 102-7230-542.41-50 135.29 ALPINE PRODUCTS, INC PAINTS,COATINGS,WALLPAPER 102-7230-542.31-25 1,338.11 PAINTS,COATINGS,WALLPAPER 102-7230-542.31-25 1,609.57 AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 102-7230-542.31-01 30.45 ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS 102-7230-542.31-20 0.65 METALS,BARS,PLATES,RODS 102-7230-542.31-20 10.47 PIPE AND TUBING 102-7230-542.31-01 17.79 BUILDING MAINT&REPAIR SER 102-7230-542.31-20 20.93 BAXTER AUTO PARTS #15 AUTO SHOP EQUIPMENT & SUP 102-7230-542.31-01 48.93 CLALLAM COOPERATIVE ASSN INC AGRICULTURAL EQUIP&IMPLEM 102-7230-542.31-40 970.30 AGRICULTURAL EQUIP&IMPLEM 102-7230-542.31-40 588.03 Page 9 of 34 Aug 10, 2022 7:31:49 AME - 12August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount CLALLAM COOPERATIVE ASSN INC AGRICULTURAL EQUIP&IMPLEM 102-7230-542.31-40 775.37 FEDERAL EXPRESS CORP Shipping Charges 102-7230-542.42-10 4.95 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 1,476.83 ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 1,512.00 LTI, INC SALT (SODIUM CHLORIDE) 102-7230-542.31-05 6,234.81 MISC EMPLOYEE EXPENSE REIMBURSEMENT ADAMS-MEAL REIMB-PARADE-7 102-7230-542.31-01 55.50 CAMERON - MEAL REIMB - PA 102-7230-542.31-01 55.50 CAMERON-MEAL REIMB-CAR SH 102-7230-542.31-01 55.50 MEDLEY-MEAL REIMB-CAR SHO 102-7230-542.31-01 55.50 MERRITT-MEAL REIMB-PARADE 102-7230-542.31-01 55.50 TRUCKENMILLER-MEAL REIMB- 102-7230-542.31-01 55.50 OLYMPIC STATIONERS INC PAPER & PLASTIC-DISPOSABL 102-7230-542.31-01 13.27 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 102-7230-542.41-50 33.08 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 102-7230-542.31-01 17.37 LAWN MAINTENANCE EQUIP 102-7230-542.31-01 168.20 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 20.52 MISC PROFESSIONAL SERVICE 102-7230-542.47-10 14.06 MISC PROFESSIONAL SERVICE 102-7230-542.47-10 21.69 SWAIN'S GENERAL STORE INC AUTO SHOP EQUIPMENT & SUP 102-7230-542.31-01 17.13 AUTO SHOP EQUIPMENT & SUP 102-7230-542.31-01 32.29 GASES CONT.EQUIP:LAB,WELD 102-7230-542.31-01 102.10 MATERIAL HNDLING&STOR EQP 102-7230-542.31-01 64.09 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 102-7230-542.31-01 150.14 Street Division Total:$15,761.42 Public Works-Street Department Total:$15,761.42 Street Fund Total:$15,771.61 DEPARTMENT OF REVENUE Excise Tax Returns-June 107-0000-237.00-00 10.33 Division Total:$10.33 Department Total:$10.33 BIDDLE CONSULTING GROUP INC DATA PROC SERV &SOFTWARE 107-5160-528.41-50 3,648.93 CENTURYLINK A/C# 300539444 07/22 107-5160-528.42-11 64.44 CENTURYLINK-QWEST 07-02 A/C 360Z020380301B 107-5160-528.42-11 222.24 CLALLAM CNTY SHERIFF'S DEPT MISC PROFESSIONAL SERVICE 107-5160-528.41-50 7,792.80 COASTAL HEALTH HEALTH RELATED SERVICES 107-5160-528.41-50 50.00 Page 10 of 34 Aug 10, 2022 7:31:49 AME - 13August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount JAMESTOWN NETWORKS DATA PROC SERV &SOFTWARE 107-5160-528.42-12 510.00 MCFALL, BARBARA MISC PROFESSIONAL SERVICE 107-5160-528.41-50 400.00 Re-issue Ck 195011 107-5160-528.41-50 400.00 SEATTLE TIMES, THE JOB OPENING ADVERTISING P 107-5160-528.41-15 1,450.00 VOIANCE LANGUAGE SERVICES, LLC MISC PROFESSIONAL SERVICE 107-5160-528.42-11 43.52 Pencom Division Total:$14,581.93 Pencom Department Total:$14,581.93 Pencom Fund Total:$14,592.26 US BANK-DEBT SVC WIRES FINANCIAL SERVICES 217-2448-591.71-10 209,000.00 FINANCIAL SERVICES 217-2448-592.83-10 11,305.35 2015 LTGO Refunding Division Total:$220,305.35 Debt Service Department Total:$220,305.35 2015 LTGO Refunding Fund Total:$220,305.35 INTRADO LIFE & SAFETY SOLUTIONS DATA PROC SERV &SOFTWARE 310-5950-594.65-10 104,612.18 NOMAD CONTAINER SALES AND LEASE BARRELS, DRUMS, KEGS, CTN 310-5950-594.65-10 7,833.60 TYLER TECHNOLOGIES, INC DATA PROC SERV &SOFTWARE 310-5950-594.65-10 14,198.40 Homeland Security Division Total:$126,644.18 Public Safety Projects Department Total:$126,644.18 AMERICAN RAMP COMPANY SUPPLIES 310-8985-594.65-10 186,981.91 RAINBOW SWEEPERS, INC SUPPLIES 310-8985-594.65-10 813.75 SARGENT ENGINEERING, INC ENGINEERING SERVICES 310-8985-594.65-10 16,834.93 Misc Parks Projects Division Total:$204,630.59 Capital Proj-Parks & Rec Department Total:$204,630.59 Capital Improvement Fund Total:$331,274.77 EXELTECH CONSULTING INC ARCHITECTURAL&ENGINEERING 312-4160-595.65-10 120,000.00 Capital Project-Planning Division Total:$120,000.00 PA Housing Rehabilitation Department Total:$120,000.00 PARAMETRIX INC CONSULTING SERVICES 312-7930-595.65-10 6,408.40 CONSULTING SERVICES 312-7930-595.65-10 1,433.53 GF-Street Projects Division Total:$7,841.93 Capital Projects-Pub Wks Department Total:$7,841.93 Transportation Benefit Fund Total:$127,841.93 BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 875.32 Page 11 of 34 Aug 10, 2022 7:31:49 AME - 14August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount BORDER STATES INDUSTRIES INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 980.39 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 2,269.75 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 2,378.34 ELECTRICAL CABLES & WIRES 401-0000-141.41-00 4,430.88 ELECTRICAL CABLES & WIRES 401-0000-141.41-00 1,486.74 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 377.90 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 787.13 MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 33.41 FINAL BILL REFUND 401-0000-122.10-99 33.46 FINAL BILL REFUND 401-0000-122.10-99 49.49 FINAL BILL REFUND 401-0000-122.10-99 53.38 FINAL BILL REFUND 401-0000-122.10-99 59.40 FINAL BILL REFUND 401-0000-122.10-99 74.83 FINAL BILL REFUND 401-0000-122.10-99 84.76 FINAL BILL REFUND 401-0000-122.10-99 95.27 FINAL BILL REFUND 401-0000-122.10-99 197.90 FINAL BILL REFUND 401-0000-122.10-99 306.83 FINAL BILL REFUND 401-0000-122.10-99 338.69 FINAL BILL REFUND 401-0000-122.10-99 372.41 FINAL BILL REFUND 401-0000-122.10-99 383.23 FINAL BILL REFUND 401-0000-122.10-99 2,476.16 FINAL CREDIT-321 N JONES 401-0000-122.10-99 74.78 FINAL CREDIT-3619 PAGE ST 401-0000-122.10-99 579.17 FINAL BILL REFUND 401-0000-122.10-99 18.42 FINAL BILL REFUND 401-0000-122.10-99 24.36 FINAL BILL REFUND 401-0000-122.10-99 26.36 FINAL BILL REFUND 401-0000-122.10-99 27.27 FINAL BILL REFUND 401-0000-122.10-99 53.05 FINAL BILL REFUND 401-0000-122.10-99 76.21 FINAL BILL REFUND 401-0000-122.10-99 104.83 FINAL BILL REFUND 401-0000-122.10-99 109.71 FINAL BILL REFUND 401-0000-122.10-99 207.69 FINAL BILL REFUND 401-0000-122.10-99 269.70 FINAL BILL REFUND 401-0000-122.10-99 368.87 Page 12 of 34 Aug 10, 2022 7:31:49 AME - 15August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS FINAL BILL REFUND 401-0000-122.10-99 509.45 OVERPAYMENT-220 DOGWOOD 401-0000-122.10-99 111.57 FINAL BILL REFUND 401-0000-122.10-99 3.06 FINAL BILL REFUND 401-0000-122.10-99 4.37 FINAL BILL REFUND 401-0000-122.10-99 16.10 FINAL BILL REFUND 401-0000-122.10-99 41.28 FINAL BILL REFUND 401-0000-122.10-99 45.50 FINAL BILL REFUND 401-0000-122.10-99 124.77 FINAL BILL REFUND 401-0000-122.10-99 129.32 FINAL BILL REFUND 401-0000-122.10-99 217.26 FINAL BILL REFUND 401-0000-122.10-99 243.38 FINAL BILL REFUND 401-0000-122.10-99 5.74 FINAL BILL REFUND 401-0000-122.10-99 40.08 FINAL BILL REFUND 401-0000-122.10-99 65.49 FINAL BILL REFUND 401-0000-122.10-99 143.52 FINAL BILL REFUND 401-0000-122.10-99 144.71 FINAL BILL REFUND 401-0000-122.10-99 198.75 FINAL BILL REFUND 401-0000-122.10-99 608.17 FINAL CREDIT-1620 MALONEY 401-0000-122.10-99 70.19 CREDIT REFUND-214 E 11TH 401-0000-122.10-99 56.87 OVERPAYMENT-1107 W 11TH 401-0000-122.10-99 175.57 OVERPAYMENT-1117 W 16TH 401-0000-122.10-99 0.11 OVERPAYMENT-112 PEABODY 4 401-0000-122.10-99 51.59 OVERPAYMENT-1120 E 5TH ST 401-0000-122.10-99 236.97 OVERPAYMENT-1316 ROOK DR 401-0000-122.10-99 141.06 OVERPAYMENT-1517 W 14TH 401-0000-122.10-99 176.57 OVERPAYMENT-1639 W 13TH 401-0000-122.10-99 9.76 OVERPAYMENT-1730 E 3RD ST 401-0000-122.10-99 300.00 OVERPAYMENT-1928 VILLAGE 401-0000-122.10-99 470.44 OVERPAYMENT-2215 W 16TH 401-0000-122.10-99 324.57 OVERPAYMENT-316 N RACE ST 401-0000-122.10-99 242.60 OVERPAYMENT-4024 NEWELL 401-0000-122.10-99 121.91 OVERPAYMENT-524 E 9TH ST 401-0000-122.10-99 5.21 OVERPAYMENT-810 W 7TH ST 401-0000-122.10-99 132.99 Page 13 of 34 Aug 10, 2022 7:31:49 AME - 16August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount MISC UTILITY DEPOSIT REFUNDS OVERPAYMENT-BLDG 775 #782 401-0000-122.10-99 39.25 FINAL BILL REFUND 401-0000-122.10-99 (2,476.16) FINAL BILL REFUND 401-0000-122.10-99 (84.91) FINAL BILL REFUND 401-0000-122.10-99 84.91 FINAL BILL REFUND 401-0000-122.10-99 106.91 FINAL BILL REFUND 401-0000-122.10-99 2,476.16 WESCO-ANIXTER ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 303.99 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,032.51 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 1,215.95 ELECTRICAL EQUIP & SUPPLY 401-0000-141.41-00 979.20 Division Total:$28,932.83 Department Total:$28,932.83 FEDERAL EXPRESS CORP Shipping Charges 401-7111-533.42-10 48.56 NORTHWEST PUBLIC POWER ASSN MEMBERSHIPS 401-7111-533.43-10 860.00 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 401-7111-533.31-01 69.73 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 401-7111-533.31-01 156.56 WASHINGTON (UNEMP), STATE OF HUMAN SERVICES 401-7111-533.20-60 232.72 Engineering-Electric Division Total:$1,367.57 BPA-POWER WIRES ELECTRICAL EQUIP & SUPPLY 401-7120-533.33-10 1,083,161.00 EES CONSULTING INC MISC PROFESSIONAL SERVICE 401-7120-533.49-01 277.72 MARSH MUNDORF PRATT SULLIVAN CONSULTING SERVICES 401-7120-533.42-10 721.61 CONSULTING SERVICES 401-7120-533.49-01 336.60 MISC TRAVEL G KING-ACCT/FINANCE CONF/ 401-7120-533.43-10 509.43 Power Systems Division Total:$1,085,006.36 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 401-7180-533.41-50 318.56 AMAZON CAPITAL SERVICES ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 55.17 ANGELES MILLWORK & LUMBER WATER&SEWER TREATING CHEM 401-7180-533.34-02 28.55 WATER&SEWER TREATING CHEM 401-7180-533.34-02 29.51 BILL'S PLUMBING & HEATING INC RENTAL/LEASE EQUIPMENT 401-7180-533.45-30 200.00 BORDER STATES INDUSTRIES INC FASTENERS, FASTENING DEVS 401-7180-533.34-02 137.98 FASTENERS, FASTENING DEVS 401-7180-533.34-02 140.42 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPL 401-7180-533.34-02 71.00 ELECTRICAL EQUIP & SUPPLY 401-7180-533.31-01 74.45 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 924.80 Page 14 of 34 Aug 10, 2022 7:31:49 AME - 17August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount DEPARTMENT OF REVENUE Excise Tax Returns-June 401-7180-533.44-50 71,636.76 ESRI INC DATA PROC SERV &SOFTWARE 401-7180-533.48-02 2,500.00 GRAINGER FASTENERS, FASTENING DEVS 401-7180-533.31-01 5.67 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 256.87 KENNEDY, STEPHEN H. REAL PROPERTY,RENT/LEASE 401-7180-533.45-21 7,500.00 LOGGERS & CONTRACTORS SUPPLY ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 192.28 LUTZCO, INC. FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 194.07 FIRE PROTECTION EQUIP/SUP 401-7180-533.31-01 116.68 MATT'S TOOLS USA, LLC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 461.31 MISC EMPLOYEE EXPENSE REIMBURSEMENT ROBINSON - MEAL REIMBURSE 401-7180-533.31-01 37.00 SHAY - MEAL REIMBURSEMENT 401-7180-533.31-01 37.00 MURREY'S DISPOSAL CO, INC BUILDING MAINT&REPAIR SER 401-7180-533.47-10 487.39 MATERIAL HNDLING&STOR EQP 401-7180-533.41-50 216.91 NEW PIG CORPORATION JANITORIAL SUPPLIES 401-7180-533.31-01 769.63 NORTHWEST PUBLIC POWER ASSN COMMUNICATIONS/MEDIA SERV 401-7180-533.41-15 135.00 NORTHWEST SAFETY SERVICE, LLC SECURITY,FIRE,SAFETY SERV 401-7180-533.41-50 1,123.20 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 38.80 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 91.19 ROHLINGER ENTERPRISES INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 361.22 TESTING&CALIBRATION SERVI 401-7180-533.48-10 172.18 TESTING&CALIBRATION SERVI 401-7180-533.48-10 198.29 TESTING&CALIBRATION SERVI 401-7180-533.48-10 251.06 TESTING&CALIBRATION SERVI 401-7180-533.48-10 897.60 TESTING&CALIBRATION SERVI 401-7180-533.48-10 1,243.31 TESTING&CALIBRATION SERVI 401-7180-533.48-10 2,046.26 TESTING&CALIBRATION SERVI 401-7180-533.48-10 195.02 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 772.50 COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 107.71 COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 750.00 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 401-7180-533.31-60 212.67 COMPUTER HARDWARE&PERIPHE 401-7180-533.35-01 4,167.66 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 401-7180-533.42-10 109.02 SWAIN'S GENERAL STORE INC POISONS:AGRICUL & INDUSTR 401-7180-533.31-01 12.99 Page 15 of 34 Aug 10, 2022 7:31:49 AME - 18August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 10.75 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 401-7180-533.49-90 22.90 WESCO-ANIXTER ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 2,746.46 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 2,758.08 WESTERN SYSTEMS, INC MARKERS, PLAQUES,SIGNS 401-7180-533.34-02 478.37 Electric Operations Division Total:$105,294.25 Public Works-Electric Department Total:$1,191,668.18 Electric Utility Fund Total:$1,220,601.01 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 3,012.02 PIPE FITTINGS 402-0000-141.40-00 9,238.28 PIPE FITTINGS 402-0000-141.40-00 665.86 PIPE FITTINGS 402-0000-141.40-00 6,779.50 PIPE FITTINGS 402-0000-141.40-00 1,437.96 PO 61966/Meter Boxes 402-0000-141.40-00 1,059.28 PIPE FITTINGS 402-0000-141.40-00 90.55 Division Total:$22,283.45 Department Total:$22,283.45 AIRPORT GARDEN CENTER FERTILIZERS & SOIL CONDTN 402-7380-534.31-05 20.62 ANGELES MILLWORK & LUMBER HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 303.54 ROOFING MATERIALS 402-7380-534.31-20 200.73 HAND TOOLS ,POW&NON POWER 402-7380-534.31-01 8.56 TAPE(NOT DP,SOUND,VIDEO) 402-7380-534.31-20 210.01 HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 76.12 PAINTS,COATINGS,WALLPAPER 402-7380-534.31-20 514.43 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 402-7380-534.41-50 53.00 DAREN'S POINT S LAWN MAINTENANCE EQUIP 402-7380-534.31-01 57.66 DEPARTMENT OF REVENUE Excise Tax Returns-June 402-7380-534.44-50 22,686.37 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 402-7380-534.41-50 29.00 MISC PROFESSIONAL SERVICE 402-7380-534.41-50 421.78 MISC PROFESSIONAL SERVICE 402-7380-534.41-50 568.60 MISC PROFESSIONAL SERVICE 402-7380-534.41-50 177.40 ESRI INC DATA PROC SERV &SOFTWARE 402-7380-534.48-02 2,500.00 EVERGREEN RURAL WATER OF WA CONSULTING SERVICES 402-7380-534.43-10 250.00 Page 16 of 34 Aug 10, 2022 7:31:49 AME - 19August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount FEDERAL EXPRESS CORP SHIPPING AND HANDLING 402-7380-534.42-10 67.32 FERGUSON ENTERPRISES INC HAND TOOLS ,POW&NON POWER 402-7380-534.35-01 594.17 HARTNAGEL BUILDING SUPPLY INC PW CONSTRUCTION & RELATED 402-7380-534.31-01 72.20 ROOFING MATERIALS 402-7380-534.31-20 41.85 ROOFING MATERIALS 402-7380-534.31-20 945.74 ROOFING MATERIALS 402-7380-534.31-20 37.48 ROOFING MATERIALS 402-7380-534.31-20 141.18 HD SUPPLY PAPER & PLASTIC-DISPOSABL 402-7380-534.31-01 108.07 HERMANN BROS LOGGING & CONST BUILDING MAINT&REPAIR SER 402-7380-534.31-20 31.50 LANDAU ASSOCIATES INC CONSULTING SERVICES 402-7380-534.41-50 2,467.50 MCMASTER-CARR SUPPLY CO AUTO & TRUCK MAINT. ITEMS 402-7380-534.31-20 14.60 CLOTHING & APPAREL 402-7380-534.31-01 27.04 ELECTRICAL EQUIP & SUPPLY 402-7380-534.31-20 211.65 JANITORIAL SUPPLIES 402-7380-534.31-01 112.28 OPTICAL EQUIP ACESS& SUPP 402-7380-534.31-01 22.67 PROSTHETIC,HEARING AID ET 402-7380-534.31-01 457.73 OLYMPIC STATIONERS INC SUPPLIES 402-7380-534.31-01 147.63 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 402-7380-534.41-50 33.08 PORT ANGELES CITY TREASURER Cert Mail - J. Groves 402-7380-534.42-10 7.85 PORT ANGELES POWER EQUIPMENT FUEL,OIL,GREASE, & LUBES 402-7380-534.31-20 52.04 FUEL,OIL,GREASE, & LUBES 402-7380-534.31-01 95.56 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7380-534.47-10 50.31 MISC PROFESSIONAL SERVICE 402-7380-534.47-10 69.12 SPECTRA LABORATORIES-KITSAP TESTING&CALIBRATION SERVI 402-7380-534.41-50 239.00 TESTING&CALIBRATION SERVI 402-7380-534.41-50 239.00 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 30.40 HARDWARE,AND ALLIED ITEMS 402-7380-534.31-01 125.40 PAINTS,COATINGS,WALLPAPER 402-7380-534.31-20 74.87 TAPE(NOT DP,SOUND,VIDEO) 402-7380-534.31-01 66.41 NURSERY STOCK & SUPPLIES 402-7380-534.31-20 25.98 THURMAN SUPPLY PIPE AND TUBING 402-7380-534.31-20 108.93 PUMPS & ACCESSORIES 402-7380-534.31-20 358.37 HOSES, ALL KINDS 402-7380-534.35-01 198.11 Page 17 of 34 Aug 10, 2022 7:31:49 AME - 20August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount THURMAN SUPPLY WATER SEWAGE TREATMENT EQ 402-7380-534.31-20 53.99 WATER SEWAGE TREATMENT EQ 402-7380-534.31-20 7.28 TMG SERVICES INC BUILDING MAINT&REPAIR SER 402-7380-534.48-10 3,144.80 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 402-7380-534.49-90 22.89 Water Division Total:$38,581.82 DM DISPOSAL CO. BUILDING MAINT&REPAIR SER 402-7382-534.41-50 48.76 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 402-7382-534.35-01 558.15 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 402-7382-534.47-10 50.31 Industrial Water Treatmnt Division Total:$657.22 Public Works-Water Department Total:$39,239.04 Water Utility Fund Total:$61,522.49 DEPARTMENT OF REVENUE Excise Tax Returns-June 403-0000-237.00-00 151.49 NCL NORTH CENTRAL LABORATORIES LAB EQUIP,BIO,CHEM,ENVIR 403-0000-237.00-00 (560.50) CHEMICAL LAB EQUIP & SUPP 403-0000-237.00-00 (50.89) Division Total:($459.90) Department Total:($459.90) ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS 403-7480-535.31-20 10.71 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPL 403-7480-535.31-20 4.44 CUES PHOTOGRAPHIC EQUIPMENT 403-7480-535.31-01 720.44 DAVE'S HEATING & COOLING SVC EQUIPMENT MAINTENANCE,REC 403-7480-535.48-10 163.20 DEPARTMENT OF REVENUE Excise Tax Returns-June 403-7480-535.44-50 18,974.25 EDGE ANALYTICAL MISC PROFESSIONAL SERVICE 403-7480-535.41-50 277.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 52.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 66.40 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 52.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 52.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 277.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 440.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 614.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 617.00 MISC PROFESSIONAL SERVICE 403-7480-535.41-50 52.00 ESRI INC DATA PROC SERV &SOFTWARE 403-7480-535.48-02 2,500.00 FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 403-7480-535.31-20 34.11 Page 18 of 34 Aug 10, 2022 7:31:49 AME - 21August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount FASTENAL INDUSTRIAL CLOTHING ACCESSORIES(SEE 403-7480-535.31-01 124.42 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 63.91 FEDERAL EXPRESS CORP Shipping Charges 403-7480-535.42-10 10.08 Shipping Charges 403-7480-535.42-10 100.00 Shipping Charges 403-7480-535.42-10 311.60 Shipping Charges 403-7480-535.42-10 94.98 Shipping Charges 403-7480-535.42-10 51.32 Shipping Charges 403-7480-535.42-10 23.14 Shipping Charges 403-7480-535.42-10 28.62 FERGUSON ENTERPRISES INC PIPE AND TUBING 403-7480-535.31-20 691.79 FERRELLGAS INC FUEL,OIL,GREASE, & LUBES 403-7480-535.32-12 211.84 FOWLER COMPANY, H D PIPE FITTINGS 403-7480-535.31-20 2,611.22 GRAINGER BRUSHES (NOT CLASSIFIED) 403-7480-535.31-01 748.95 FIRST AID & SAFETY EQUIP.403-7480-535.31-01 113.56 FIRST AID & SAFETY EQUIP.403-7480-535.35-01 253.11 FIRST AID & SAFETY EQUIP.403-7480-535.35-01 494.99 GRANICH ENGINEERED PRODUCTS INC PUMPS & ACCESSORIES 403-7480-535.31-20 3,348.86 HARBOR FREIGHT TOOLS FURNITURE,LAB,SPECIAL 403-7480-535.31-20 200.71 HARTNAGEL BUILDING SUPPLY INC BUILDER'S SUPPLIES 403-7480-535.31-20 142.80 BUILDER'S SUPPLIES 403-7480-535.31-20 28.58 JOHNSON CONTROLS SECURITY SOLUTIONS FIRE PROTECTION EQUIP/SUP 403-7480-535.41-50 2,568.99 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 403-7480-535.35-01 135.41 MISC EMPLOYEE EXPENSE REIMBURSEMENT BORTE-CDL RENEWAL REIMBUR 403-7480-535.49-90 136.00 NAPA AUTO PARTS AUTO SHOP EQUIPMENT & SUP 403-7480-535.31-01 41.33 NCL NORTH CENTRAL LABORATORIES CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 141.09 CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 226.98 LAB EQUIP,BIO,CHEM,ENVIR 403-7480-535.35-01 6,929.87 CHEMICAL LAB EQUIP & SUPP 403-7480-535.31-01 629.20 OLYMPIC PARTY & CUSTODIAL SUPPLIES PAPER & PLASTIC-DISPOSABL 403-7480-535.31-01 117.29 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 403-7480-535.41-50 33.08 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPP 403-7480-535.31-01 132.88 PIONEER RESEARCH WATER&SEWER TREATING CHEM 403-7480-535.31-05 516.64 Page 19 of 34 Aug 10, 2022 7:31:49 AME - 22August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount POLYDYNE INC WATER&SEWER TREATING CHEM 403-7480-535.31-05 4,273.60 PORT ANGELES POWER EQUIPMENT SPRAYING EQUIPMENT 403-7480-535.31-01 112.84 LAWN MAINTENANCE EQUIP 403-7480-535.35-01 193.80 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 403-7480-535.47-10 302.85 MISC PROFESSIONAL SERVICE 403-7480-535.47-10 585.83 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 403-7480-535.31-01 256.23 BOATS,MOTORS,& MARINE SUP 403-7480-535.31-01 38.96 AUTO & TRUCK MAINT. ITEMS 403-7480-535.31-01 273.65 POISONS:AGRICUL & INDUSTR 403-7480-535.31-01 53.38 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 47.61 FOODS: PERISHABLE 403-7480-535.31-01 149.72 PAINTS,COATINGS,WALLPAPER 403-7480-535.31-01 42.70 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 403-7480-535.48-02 300.00 THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 175.53 PIPE FITTINGS 403-7480-535.31-20 15.84 USA BLUEBOOK PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-20 376.25 WATER SEWAGE TREATMENT EQ 403-7480-535.31-20 314.34 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 403-7480-535.49-90 22.90 Wastewater Division Total:$53,705.82 Public Works-WW/Stormwtr Department Total:$53,705.82 Wastewater Utility Fund Total:$53,245.92 DEPARTMENT OF REVENUE Excise Tax Returns-June 404-0000-237.00-00 89.12 Excise Tax Returns-June 404-0000-237.10-00 448.45 Division Total:$537.57 Department Total:$537.57 AMAZON CAPITAL SERVICES FOODS: STAPLE GROCERY 404-7538-537.31-01 71.22 ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS 404-7538-537.31-01 12.27 ROOFING MATERIALS 404-7538-537.35-01 101.52 BAILEY SIGNS & GRAPHICS MARKERS, PLAQUES,SIGNS 404-7538-537.35-01 108.80 CASTLE TIRE DISPOSAL SALE SURPLUS/OBSOLETE 404-7538-537.41-51 400.00 SALE SURPLUS/OBSOLETE 404-7538-537.41-51 1,275.00 SALE SURPLUS/OBSOLETE 404-7538-537.41-51 1,275.00 SALE SURPLUS/OBSOLETE 404-7538-537.41-51 1,275.00 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 404-7538-537.35-01 28.67 Page 20 of 34 Aug 10, 2022 7:31:49 AME - 23August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount CLEAN EARTH EVIRONMENTAL SOLUTIONS PW CONSTRUCTION & RELATED 404-7538-537.41-51 18,572.61 DEPARTMENT OF REVENUE Excise Tax Returns-June 404-7538-537.44-50 22,815.81 ELAVON, INC-WIRE 3rd Party Cr Card Fees 404-7538-537.41-50 219.92 3rd Party Cr Card Fees 404-7538-537.41-50 5,833.34 FEDERAL EXPRESS CORP Shipping Charges 404-7538-537.42-10 36.97 Shipping Charges 404-7538-537.42-10 42.45 FOSTER GARVEY PC MISC PROFESSIONAL SERVICE 404-7538-537.41-50 7,639.84 MISC PROFESSIONAL SERVICE 404-7538-537.41-50 13,726.50 MISC PROFESSIONAL SERVICE 404-7538-537.41-50 3,876.00 MISC PROFESSIONAL SERVICE 404-7538-537.41-50 13,923.00 MISC PROFESSIONAL SERVICE 404-7538-537.41-50 1,513.00 MISC PROFESSIONAL SERVICE 404-7538-537.41-50 7,827.00 HARBOR FREIGHT TOOLS AUTO & TRUCK ACCESSORIES 404-7538-537.35-01 23.88 J.R. MILLER AND ASSOCIATES PW CONSTRUCTION & RELATED 404-7538-537.41-50 8,791.25 KRAZAN & ASSOCIATES METALS,BARS,PLATES,RODS 404-7538-537.35-01 285.15 LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 404-7538-537.48-10 586.97 EXTERNAL LABOR SERVICES 404-7538-537.48-10 106.48 FINANCIAL SERVICES 404-7538-537.48-10 1.09 MISC EMPLOYEE EXPENSE REIMBURSEMENT COBURN - MILEAGE REIMBURS 404-7538-537.43-10 66.70 FINLEY-MILEAGE REIMBURSEM 404-7538-537.43-10 16.08 ADOLPHSEN-MILEAGE REIMBUR 404-7538-537.43-10 181.28 EVANS-MILEAGE REIMBURSEME 404-7538-537.43-10 142.74 HOWELL-MILEAGE REIMBURSEM 404-7538-537.43-10 78.74 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 404-7538-537.31-01 71.55 PORT ANGELES POWER EQUIPMENT HAND TOOLS ,POW&NON POWER 404-7538-537.35-01 101.89 PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 404-7538-537.47-10 69.20 RABANCO, LTD MISCELLANEOUS SERVICES 404-7538-537.41-51 36,310.00 REGIONAL DISPOSAL BUILDING MAINT&REPAIR SER 404-7538-537.41-51 5,400.00 BUILDING MAINT&REPAIR SER 404-7538-537.41-51 180,912.66 BUILDING MAINT&REPAIR SER 404-7538-537.41-51 267,005.03 SIMMONS AND SONS CONTRACTING METALS,BARS,PLATES,RODS 404-7538-537.41-50 32,177.60 SOLID WASTE ASSN OF NORTH AMERICA MEMBERSHIPS 404-7538-537.49-01 100.00 Page 21 of 34 Aug 10, 2022 7:31:49 AME - 24August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount SWAIN'S GENERAL STORE INC RADIO COM & TELE TEST EQP 404-7538-537.31-01 116.37 HOSES, ALL KINDS 404-7538-537.35-01 103.88 HOSP SURG ACCES & SUNDRIS 404-7538-537.31-01 72.45 JANITORIAL SUPPLIES 404-7538-537.31-01 37.98 CLOTHING & APPAREL 404-7538-537.31-01 122.48 SHOES AND BOOTS 404-7538-537.31-01 139.16 FIRST AID & SAFETY EQUIP.404-7538-537.31-01 252.99 ELECTRONIC COMPONENTS 404-7538-537.31-01 125.63 HARDWARE,AND ALLIED ITEMS 404-7538-537.31-01 36.73 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 404-7538-537.48-02 1,880.00 UNITEC CORPORATION EQUIP MAINT & REPAIR SERV 404-7538-537.41-50 1,222.86 WESTERN STEEL METALS,BARS,PLATES,RODS 404-7538-537.35-01 4,478.44 SW - Transfer Station Division Total:$641,591.18 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 404-7580-537.41-50 135.32 BAILEY SIGNS & GRAPHICS MARKERS, PLAQUES,SIGNS 404-7580-537.41-15 435.20 BAXTER AUTO PARTS #15 AUTO SHOP EQUIPMENT & SUP 404-7580-537.31-01 79.52 DEPARTMENT OF REVENUE Excise Tax Returns-June 404-7580-537.44-50 17,368.92 FASTENAL INDUSTRIAL PAPER & PLASTIC-DISPOSABL 404-7580-537.31-01 55.47 MISC EMPLOYEE EXPENSE REIMBURSEMENT PETTY-CDL RENEWAL REIMBUR 404-7580-537.49-90 102.00 PETTY-MEAL REIMBURSEMENT- 404-7580-537.31-01 37.00 SAGE-MEAL REIMBURSEMENT-7 404-7580-537.31-01 37.00 SEIGLER-MEAL REIMBURSEMEN 404-7580-537.31-01 37.00 SEIGLER-MEAL REIMBURSEMEN 404-7580-537.31-01 37.00 WRIGHT-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 WRIGHT-MEAL REIMBURSEMENT 404-7580-537.31-01 37.00 WURZ-MEAL REIMBURSEMENT-7 404-7580-537.31-01 37.00 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 404-7580-537.41-50 33.06 SOLID WASTE ASSN OF NORTH AMERICA MEMBERSHIPS 404-7580-537.49-01 145.00 SOLID WASTE SYSTEMS, INC RENTAL/LEASE EQUIPMENT 404-7580-537.45-30 13,113.04 SWAIN'S GENERAL STORE INC FIRST AID & SAFETY EQUIP.404-7580-537.31-01 40.70 FIRST AID & SAFETY EQUIP.404-7580-537.31-01 88.37 POISONS:AGRICUL & INDUSTR 404-7580-537.31-01 26.61 CLOTHING & APPAREL 404-7580-537.31-01 18.04 Page 22 of 34 Aug 10, 2022 7:31:49 AME - 25August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount WASHINGTON (UNEMP), STATE OF HUMAN SERVICES 404-7580-537.20-60 179.80 Solid Waste-Collections Division Total:$32,080.05 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 9,614.62 PORT ANGELES POWER EQUIPMENT BELTS AND BELTING 404-7585-537.31-01 99.92 Solid Waste-Landfill Division Total:$9,714.54 Public Works-Solid Waste Department Total:$683,385.77 Solid Waste Utility Fund Total:$683,923.34 DEPARTMENT OF REVENUE Excise Tax Returns-June 406-7412-538.49-50 3,809.21 FEDERAL EXPRESS CORP Shipping Charges 406-7412-538.42-10 22.88 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 406-7412-538.31-20 227.65 KITSAP COUNTY PUBLIC WORKS EDUCATIONAL SERVICES 406-7412-538.41-50 1,601.61 MISC CITY CONSERVATION REBATES STORMWATER RAIN GARDEN RE 406-7412-538.41-50 265.66 MISC EMPLOYEE EXPENSE REIMBURSEMENT TRAVEL REIMBURSEMENT-FLIG 406-7412-538.43-10 337.20 OLYMPIC PRINTERS INC PRINTING,SILK SCR,TYPSET 406-7412-538.31-01 74.38 OSBORN CONSULTING, INC CONSULTING SERVICES 406-7412-538.41-50 16,999.70 PORT ANGELES POWER EQUIPMENT FIRST AID & SAFETY EQUIP.406-7412-538.31-01 208.49 FASTENERS, FASTENING DEVS 406-7412-538.31-01 4.33 FUEL,OIL,GREASE, & LUBES 406-7412-538.31-01 20.61 SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER 406-7412-538.35-01 52.13 CLOTHING & APPAREL 406-7412-538.31-01 135.86 UTILITIES UNDERGROUND LOC CTR MISCELLANEOUS SERVICES 406-7412-538.49-90 22.90 Stormwater Division Total:$23,782.61 Public Works-WW/Stormwtr Department Total:$23,782.61 Stormwater Utility Fund Total:$23,782.61 CLALLAM CNTY EMS MEMBERSHIPS 409-6025-526.41-50 1,140.00 EMSCONNECT MEMBERSHIPS 409-6025-526.43-10 250.00 MEMBERSHIPS 409-6025-526.43-10 236.00 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-13 178.32 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 267.48 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 29.70 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 123.48 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 267.48 Page 23 of 34 Aug 10, 2022 7:31:49 AME - 26August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-13 17.00 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 902.28 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,327.85 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 210.02 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 210.02 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 857.90 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 1,350.00 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 245.80 SALE SURPLUS/OBSOLETE 409-6025-526.31-13 979.20 OLYMPIC AMBULANCE INC HEALTH RELATED SERVICES 409-6025-526.41-50 3,120.35 HEALTH RELATED SERVICES 409-6025-526.41-50 3,172.27 SYSTEMS DESIGN WEST, LLC CONSULTING SERVICES 409-6025-526.41-50 30,000.00 CONSULTING SERVICES 409-6025-526.41-50 1,863.78 TELEFLEX, LLC SALE SURPLUS/OBSOLETE 409-6025-526.31-01 554.87 ZOLL MEDICAL CORPORATION SALE SURPLUS/OBSOLETE 409-6025-526.31-01 890.38 SALE SURPLUS/OBSOLETE 409-6025-526.31-01 429.89 Medic I Division Total:$48,624.07 Fire Department Total:$48,624.07 Medic I Utility Fund Total:$48,624.07 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 550.67 PORT OF PORT ANGELES ENVIRONMENTAL&ECOLOGICAL 413-7481-535.41-50 14,000.00 Wastewater Remediation Division Total:$14,550.67 Public Works-WW/Stormwtr Department Total:$14,550.67 Harbor Clean Up Fund Total:$14,550.67 AIR FLO HEATING COMPANY INC CITY REBATE-AIR SOURCE HE 421-7121-533.49-86 1,350.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 2,000.00 ALL WEATHER HEATING AND COOLING CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 700.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 700.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 700.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 700.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 Page 24 of 34 Aug 10, 2022 7:31:49 AME - 27August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount ALL WEATHER HEATING AND COOLING CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 1,600.00 BILL MAIR HEATING & AIR, INC CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATES-DUCTLESS HEA 421-7121-533.49-86 3,800.00 DAVE'S HEATING & COOLING SVC CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 CITY REBATE-DUCTLESS HEAT 421-7121-533.49-86 800.00 GLASS SERVICES CO INC CITY REBATE-WINDOW REPLAC 421-7121-533.49-86 135.00 CITY REBATE-WINDOW REPLAC 421-7121-533.49-86 242.58 CITY REBATE-WINDOW REPLAC 421-7121-533.49-86 351.06 CITY REBATE-WINDOW REPLAC 421-7121-533.49-86 387.00 PENINSULA HEAT INC CITY REBATE-AIR SOURCE HE 421-7121-533.49-86 750.00 Conservation Division Total:$24,615.64 Public Works-Electric Department Total:$24,615.64 Conservation Fund Total:$24,615.64 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 452-7388-594.65-10 3,242.75 Water Projects Division Total:$3,242.75 Public Works-Water Department Total:$3,242.75 Water Utility CIP Fund Total:$3,242.75 HOCH CONSTRUCTION INC CONSTRUCTION SERVICES,TRA 453-7488-594.65-10 12,829.70 KENNEDY/JENKS CONSULTANTS ARCHITECTURAL&ENGINEERING 453-7488-594.65-10 12,774.57 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 453-7488-594.65-10 3,242.75 Wastewater Projects Division Total:$28,847.02 Public Works-WW/Stormwtr Department Total:$28,847.02 WasteWater Utility CIP Fund Total:$28,847.02 CAPITAL INDUSTRIES INC HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 4,362.88 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 4,362.88 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 6,027.52 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 7,692.16 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 17,680.00 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 17,680.00 Page 25 of 34 Aug 10, 2022 7:31:49 AME - 28August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount CAPITAL INDUSTRIES INC HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 17,680.00 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 17,680.00 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,388.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 23,472.16 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 24,338.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 24,338.56 HARDWARE,AND ALLIED ITEMS 454-7588-594.65-10 27,036.80 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 454-7588-594.65-10 3,242.75 Solid Waste Coll Projects Division Total:$382,702.75 Public Works-Solid Waste Department Total:$382,702.75 Solid Waste Utility CIP Fund Total:$382,702.75 KPFF CONSULTING ENGINEERS CONSULTING SERVICES 456-7688-594.65-10 3,242.75 Stormwater Util CIP Projs Division Total:$3,242.75 Public Works Department Total:$3,242.75 Stormwtr Util Projects Fund Total:$3,242.75 AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 42.82 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 19,106.20 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 18,981.12 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 16,062.70 BAILEY SIGNS & GRAPHICS AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 435.20 DON SMALL & SONS OIL DIST CO. AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 678.01 FIRE CHIEF EQUIPMENT CO, INC AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 490.69 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 29.90 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 649.02 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (170.00) AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (170.00) GROENVELD LUBRICATION SOLUTIONS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 1,227.15 Page 26 of 34 Aug 10, 2022 7:31:49 AME - 29August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 486.59 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 (40.10) AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 23.86 NAPA AUTO PARTS AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 23.76 AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 24.16 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 29.85 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 64.06 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 23.83 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 89.89 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 171.53 O'REILLY AUTO PARTS BELTS AND BELTING 501-0000-141.40-00 22.34 HOSES, ALL KINDS 501-0000-141.40-00 36.51 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 34.38 OWEN EQUIPMENT AUTO & TRUCK MAINT 501-0000-141.40-00 (413.91) AUTO & TRUCK MAINT 501-0000-141.40-00 413.91 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 413.91 PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 748.41 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 97.76 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 205.22 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 363.56 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 376.62 AUTO & TRUCK ACCESSORIES 501-0000-141.40-00 284.12 PENINSULA LUBRICANTS AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 660.56 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 783.37 PETROCARD, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 1,150.36 SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 2,444.53 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 65.58 AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 3,210.65 TEC EQUIPMENT, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 2,485.48 TOWN & COUNTRY TRACTOR, INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 246.20 WESTERN EQUIPMENT DISTRIB INC AUTO & TRUCK MAINT. ITEMS 501-0000-141.40-00 291.46 Division Total:$72,181.26 Department Total:$72,181.26 A-1 PERFORMANCE, INC BUILDING MAINT&REPAIR SER 501-7630-548.41-50 162.63 Page 27 of 34 Aug 10, 2022 7:31:49 AME - 30August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount ALTEC INDUSTRIES, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 205.02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 48.97 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 316.09 AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 35.45 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 73.88 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 49.16 OFFICE SUPPLIES, GENERAL 501-7630-548.31-01 17.36 ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 32.80 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 21.47 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 ARI-HETRA AUTO & TRUCK MAINT. ITEMS 501-7630-548.49-90 827.06 ASSOCIATED PETROLEUM PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 148.79 FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 102.68 FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 27.37 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 39.20 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 22.28 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 27.94 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 43.96 BRAUN NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 204.99 BUD CLARY FORD/HYUNDAI POLICE EQUIPMENT & SUPPLY 501-7630-594.64-10 45,353.48 POLICE EQUIPMENT & SUPPLY 501-7630-594.64-10 45,353.48 COPY CAT GRAPHICS & SIGNS AUTO & TRUCK ACCESSORIES 501-7630-594.64-10 1,205.46 AUTO & TRUCK ACCESSORIES 501-7630-594.64-10 1,205.46 FAR-WEST MACHINE & HYDRAULICS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 416.89 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 7.56 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 51.77 EXTERNAL LABOR SERVICES 501-7630-548.34-02 461.31 FASTENAL INDUSTRIAL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 3.63 FIRE CHIEF EQUIPMENT CO, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 44.61 FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 282.88 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 53.11 Page 28 of 34 Aug 10, 2022 7:31:49 AME - 31August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,287.05 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 290.12 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 90.18 HECKMAN MOTORS, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 260.00 EXTERNAL LABOR SERVICES 501-7630-548.34-02 314.00 HERMANN BROS LOGGING & CONST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 108.43 LES SCHWAB TIRE CENTER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 135.63 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,155.36 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 16.31 EXTERNAL LABOR SERVICES 501-7630-548.34-02 261.10 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,155.36 EXTERNAL LABOR SERVICES 501-7630-548.34-02 173.99 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 233.91 EXTERNAL LABOR SERVICES 501-7630-548.34-02 369.90 EXTERNAL LABOR SERVICES 501-7630-548.34-02 99.29 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,193.99 EXTERNAL LABOR SERVICES 501-7630-548.34-02 65.70 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 782.28 EXTERNAL LABOR SERVICES 501-7630-548.34-02 147.19 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 30.94 MCMASTER-CARR SUPPLY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 245.65 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 66.24 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 314.83 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 153.14 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 56.92 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (264.05) O'REILLY AUTO PARTS AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 26.38 AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 290.92 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 147.80 ORKIN EXTERMINATING COMPANY INC EXTERNAL LABOR SERVICES 501-7630-548.41-50 33.08 OWEN EQUIPMENT AUTO & TRUCK MAINT 501-7630-548.34-02 (212.06) AUTO & TRUCK MAINT 501-7630-548.34-02 212.06 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 212.06 Page 29 of 34 Aug 10, 2022 7:31:49 AME - 32August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount OWEN EQUIPMENT AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 2,962.08 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 45.06 PAPE-KENWORTH NORTHWEST, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 201.15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 107.67 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 108.68 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (107.67) PRICE FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 38.54 PSI ELECTRONICS, LLC RADIO & TELECOMMUNICATION 501-7630-594.64-10 3,926.23 RICHMOND 2-WAY RADIO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 48.96 EXTERNAL LABOR SERVICES 501-7630-548.34-02 261.12 SNAP-ON TOOLS - SARGENT TOOLS LLC AUTO & TRUCK MAINT 501-7630-548.35-01 (104.72) AUTO & TRUCK MAINT 501-7630-548.35-01 104.72 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 104.72 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 123.38 AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 52.55 TEC EQUIPMENT, INC EXTERNAL LABOR SERVICES 501-7630-548.34-02 302.50 TOWN & COUNTRY TRACTOR, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 14.38 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 98.59 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 98.59 TRANCO TRANSMISSIONS INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 115.11 EXTERNAL LABOR SERVICES 501-7630-548.34-02 212.16 WESTERN EQUIPMENT DISTRIB INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 114.21 WESTERN PETERBILT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,474.15 EXTERNAL LABOR SERVICES 501-7630-548.34-02 3,780.00 ROAD/HWY EQUIP EARTH,GRD 501-7630-594.64-10 359,236.23 ROAD/HWY EQUIP EARTH,GRD 501-7630-594.64-10 371,907.13 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 302.68 EXTERNAL LABOR SERVICES 501-7630-548.34-02 227.02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 227.02 EXTERNAL LABOR SERVICES 501-7630-548.34-02 1,513.40 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 (1,232.84) Equipment Services Division Total:$854,644.36 Public Works Department Total:$854,644.36 Equipment Services Fund Total:$926,825.62 Page 30 of 34 Aug 10, 2022 7:31:49 AME - 33August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount ASTOUND BROADBAND DATA PROC SERV &SOFTWARE 502-2081-518.42-12 4,210.01 DATA PROC SERV &SOFTWARE 502-2081-518.42-12 22,873.24 CANON USA, INC OFFICE MACHINES & ACCESS 502-2081-518.45-31 4,243.04 CENTURYLINK-QWEST 07-05 A/C 206Z050031846B 502-2081-518.42-10 2,718.95 07-05 A/C 206Z050031846B 502-2081-518.42-10 2,765.65 PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES & ACCESS 502-2081-518.45-31 1,878.49 PORT ANGELES CITY TREASURER Masonary drill bit - T. W 502-2081-518.48-02 38.20 Plywood backerboard - T. 502-2081-518.48-10 37.96 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 1,855.11 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 76.27 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 320.43 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 5.44 COMPUTERS,DP & WORD PROC. 502-2081-518.41-50 103.36 VERIZON WIRELESS 06-22 A/C 571136182-00001 502-2081-518.42-10 171.78 07-05 A/C 542276284-00001 502-2081-518.42-10 95.40 07-15 A/C 842160242-00001 502-2081-518.42-10 3,379.13 07-15 A/C 842160242-00003 502-2081-518.42-10 1,109.47 07-15 A/C 842160242-00004 502-2081-518.42-10 5,672.55 Information Technologies Division Total:$51,554.48 PUD #1 OF CLALLAM COUNTY RADIO & TELECOMMUNICATION 502-2083-518.47-10 53.54 RADIO & TELECOMMUNICATION 502-2083-518.47-10 53.54 Wireless Mesh Division Total:$107.08 Finance Department Total:$51,661.56 Information Technology Fund Total:$51,661.56 HSA BANK Employer Contributions 503-1631-517.46-30 3,000.00 Service Fee 503-1631-517.46-30 31.50 Service Fee 503-1631-517.46-30 317.50 Employer Contribution 503-1631-517.46-30 4,500.00 Employer Contributions 503-1631-517.46-30 4,500.00 MISC ONE-TIME VENDORS WELLNESS PRIZE - FIRE FIT 503-1631-517.41-51 100.00 WELLNESS PRIZE - FIRE FIT 503-1631-517.41-51 100.00 NW ADMIN TRANSFER ACCT INSURANCE, ALL TYPES 503-1631-517.46-33 89,362.10 INSURANCE, ALL TYPES 503-1631-517.46-34 6,497.00 REDACTED Disability Board-July 503-1631-517.46-35 (307.86) Disability Board-July 503-1631-517.46-35 (240.03) Page 31 of 34 Aug 10, 2022 7:31:49 AME - 34August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount REDACTED Disability Board-July 503-1631-517.46-35 (124.32) Disability Board-July 503-1631-517.46-35 (40.18) Disability Board-July 503-1631-517.46-35 (20.00) Disability Board-July 503-1631-517.46-35 20.00 Disability Board-July 503-1631-517.46-35 40.18 Disability Board-July 503-1631-517.46-35 124.32 Disability Board-July 503-1631-517.46-35 240.03 Disability Board-July 503-1631-517.46-35 307.86 Disability Board-July 503-1631-517.46-35 (9.35) Disability Board-July 503-1631-517.46-35 9.35 Disability Board-July 503-1631-517.46-35 9.35 Disability Board-July 503-1631-517.46-35 20.00 Disability Board-July 503-1631-517.46-35 40.18 Disability Board-July 503-1631-517.46-35 124.32 Disability Board-July 503-1631-517.46-35 240.03 Disability Board-July 503-1631-517.46-35 307.86 REIMB MEDICARE-JULY 503-1631-517.46-35 108.00 REIMB MEDICARE-JULY 503-1631-517.46-35 108.00 REIMB MEDICARE-JULY 503-1631-517.46-35 108.00 REIMB MEDICARE-JULY 503-1631-517.46-35 124.50 REIMB MEDICARE-JULY 503-1631-517.46-35 136.50 REIMB MEDICARE-JULY 503-1631-517.46-35 145.10 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 148.50 REIMB MEDICARE-JULY 503-1631-517.46-35 154.10 REIMB MEDICARE-JULY 503-1631-517.46-35 169.10 REIMB MEDICARE-JULY 503-1631-517.46-35 170.10 REIMB MEDICARE-JULY 503-1631-517.46-35 170.10 REIMB MEDICARE-JULY 503-1631-517.46-35 170.10 REIMB MEDICARE-JULY 503-1631-517.46-35 170.10 REIMB MEDICARE-JULY 503-1631-517.46-35 444.10 Page 32 of 34 Aug 10, 2022 7:31:49 AME - 35August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount REDACTED REIMB MEDICARE-JULY 503-1631-517.46-35 669.10 REDQUOTE, INC. HRA REIMBURSEMENTS 503-1631-517.46-30 1,592.34 Other Insurance Programs Division Total:$114,331.58 DEPARTMENT OF LABOR & INDUSTRIES 2ND QTR DEPT OF L&I REPOR 503-1661-517.49-50 104,546.96 Worker's Compensation Division Total:$104,546.96 CEDAR GROVE COUNSELING, INC. PROFESSIONAL SERVICES 503-1671-517.41-50 92.50 Comp Liability Division Total:$92.50 Self Insurance Department Total:$218,971.04 Self-Insurance Fund Total:$218,971.04 AUDIT & ADJUSTMENT COMPANY Case #Y22114 920-0000-231.56-90 527.61 Case #Y22114 920-0000-231.56-90 527.61 CHAPTER 13 TRUSTEE Case #21-10696 920-0000-231.56-90 358.00 Case # 21-10696 920-0000-231.56-90 358.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 630.00 EMPLOYMENT SECURITY DEPT 2ND QTR 2022 WA PFML PREM 920-0000-231.53-50 31,670.61 EMPOWER-P/R WIRE PAYROLL SUMMARY 920-0000-231.52-20 25,580.60 PAYROLL SUMMARY 920-0000-231.52-20 24,930.11 FEDERAL PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-10 88,069.18 PAYROLL SUMMARY 920-0000-231.50-10 78,231.31 Pensioner's P/R Tax 920-0000-231.50-10 200.00 FICA/MEDICARE PAYROLL TAX PAYROLL SUMMARY 920-0000-231.50-20 98,917.86 PAYROLL SUMMARY 920-0000-231.50-20 97,289.18 HSA BANK PAYROLL SUMMARY 920-0000-231.53-11 100.00 PAYROLL SUMMARY 920-0000-231.53-12 301.54 Employee Contributions 920-0000-231.52-40 3,716.54 Employee Contributions 920-0000-231.52-40 3,716.54 PAYROLL SUMMARY 920-0000-231.53-11 100.00 PAYROLL SUMMARY 920-0000-231.53-12 301.54 JOHN HANCOCK LIFE INSURANCE CO PAYROLL SUMMARY 920-0000-231.52-25 1,635.44 PAYROLL SUMMARY 920-0000-231.52-25 1,635.44 LEOFF PAYROLL SUMMARY 920-0000-231.51-21 39,335.59 PAYROLL SUMMARY 920-0000-231.51-21 33,177.28 MISSION SQUARE-P/R WIRES PAYROLL SUMMARY 920-0000-231.52-10 26,464.90 PAYROLL SUMMARY 920-0000-231.52-10 30,267.90 Page 33 of 34 Aug 10, 2022 7:31:49 AME - 36August 16, 2022 City of Port Angeles City Council Expenditure Report Between Jul 9, 2022 and Aug 5, 2022 Vendor Description Account Number Amount OFFICE OF SUPPORT ENFORCEMENT PAYROLL SUMMARY 920-0000-231.56-20 260.76 PAYROLL SUMMARY 920-0000-231.56-20 260.76 PERS PAYROLL SUMMARY 920-0000-231.51-10 658.17 PAYROLL SUMMARY 920-0000-231.51-11 14,706.06 PAYROLL SUMMARY 920-0000-231.51-12 82,191.17 P/R Deductions 920-0000-231.51-12 173.50 PAYROLL SUMMARY 920-0000-231.51-10 740.59 PAYROLL SUMMARY 920-0000-231.51-11 15,076.53 PAYROLL SUMMARY 920-0000-231.51-12 80,827.08 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 2,148.50 PAYROLL SUMMARY 920-0000-231.54-10 2,148.50 UNITED WAY (PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 200.00 PAYROLL SUMMARY 920-0000-231.56-10 200.00 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 2,025.00 Division Total:$789,659.40 Department Total:$789,659.40 Payroll Clearing Fund Total:$789,659.40 Total for Checks Dated Between Jul 9, 2022 and Aug 5, 2022 $5,735,969.83 Page 34 of 34 Aug 10, 2022 7:31:49 AME - 37August 16, 2022 Date: August 16, 2022 To: City Council From: Mike Sanders, Interim Fire Chief Subject: Cardiac Defibrillator/Monitor Purchase Background / Analysis: Each medic unit, first-out fire engine and rescue vehicle is equipped with a cardiac monitor/defibrillator. This specialized equipment is designed to monitor the electrical activity of a patient’s heart, and if necessary, allow for defibrillation and/or external pacing. The Department needs to replace its oldest cardiac monitor/defibrillator. This replacement will allow paramedics to assess and treat patients with the most up-to-date technology and remain current with industry standards and best practices. The old monitor that is being replaced will be utilized by the Community Paramedics to enhance their ability to assess and evaluate the patients they care for. This replacement will enable our paramedics to maintain a high level of out of hospital emergency care and remain current with industry standard treatment recommendations. Newer generation monitor/defibrillators enable paramedics to conduct a more comprehensive patient evaluation through 12-lead ECG monitoring and the ability to continuously monitor a patient’s blood pressure, oxygen saturation and carbon dioxide expiration levels. Additionally, these new generation monitor/defibrillators are equipped with the ability to provide medical personnel with real time feedback pertaining to the effectiveness of Cardio Pulmonary Resuscitation (CPR) in the setting of out of hospital cardiac arrest. Our cardiac monitor/defibrillators are manufactured by Zoll Medical Corporation. Zoll does not sell through alternative distribution channels, so the Department must purchase through National Purchasing Partners (NPP). The City has an existing interlocal agreement with NPP. Zoll has provided a letter documenting the fact that they are the sole-source provider for this equipment. If approved, the Department will purchase a Zoll X-Series cardiac monitor/defibrillator, for the amount of $36,929.17 from Zoll Medical Corporation per the attached purchase agreement. Funding Overview: Funding for the cardiac monitor/defibrillator will come from an existing CFP account. These funds have been restricted for replacement of the monitor/defibrillators. This expenditure is included in the CFP approved by Council on June 21, 2022. Summary: The Fire Department utilizes cardiac monitor/defibrillators to assess the condition of a patient’s heart and guide treatment decisions. These monitor/defibrillators have a recommended service life, and the Department now needs to replace its oldest unit. Funding: The funding for the Department cardiac monitor/defibrillator was approved by City Council in the Capital Facilities Plan (CFP) outlined in project FD0118 – Defibrillator Revolving Account in the amount of $33,000 for the 2022 year. Recommendation: Approve the purchase of a Zoll X-Series Cardiac Monitor/Defibrillator for the amount of $36,929.17, plus tax, from Zoll Medical Corporation and authorize the City Manager to sign a purchase agreement and to make minor modifications if necessary. E - 38August 16, 2022 Quote No: Q-33241 Version: 2 Page 1 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Port Angeles Fire Dept 102 E 5th St Port Angeles, WA 98362 ZOLL Customer No: 593 Derrell Sharp dsharp@cityofpa.org Quote No: Q-33241 Version: 2 Issued Date: July 15, 2022 Expiration Date: September 10, 2022 Terms: NET 30 DAYS FOB: Shipping Point Freight: Free Freight Prepared by: Amy Turley EMS Territory Manager aturley@zoll.com +1 2538205490 Item Contract Reference Part Number Description Qty List Price Adj. Price Total Price 1 949804 601-2231011-01 X Series Monitor/Defibrillator - 12-Lead ECG, Pacing, NIBP, SpO2, SpCO, EtCO2, CPR Expansion Pack Includes: 4 trace tri-mode display monitor/ defibrillator/ printer, advisory algorithm, advanced communications package (Wi-Fi, Bluetooth, USB cellular modem capable) USB data transfer capable and large 6.5in ( 16.5cm) diagonal screen. Accessories Included: MFC cable and CPR connector, A/C power cord, One (1) roll printer paper, 6.6 Ah Li-ion battery, Carry case, Operator Manual, Quick Reference Guide, and One (1)-year EMS warranty. Parameter Details: Real CPR Help - Dashboard display of CPR Depth and Rate for Adult and Pediatric patients, Visual and audio prompts to coach CPR depth (Adult patient only), Release bar to ensure adequate release off the chest, Metronome to coach rate for Adult and Pediatric patients. See-Thru ® CPR artifact filtering • Interpretative 12-Lead ECG (Full 12 ECG lead view with both dynamic and static 12-lead mode display. 12-Lead OneStep ECG cable - includes 4-Lead limb lead cable and removable precordial 6-Lead set) • ZOLL Noninvasive Pacing Technology • Welch Allyn NIBP with Smartcuff. 10 foot Dual Lumen hose and SureBP Reusable Adult Medium Cuff • Masimo SpO2 & SpCO with Signal Extraction Technology (SET), Rainbow SET® • EtCO2 Oridion Microstream Technology. Microstream tubing set sold separately • 1 $45,343.00 $32,816.40 $32,816.40 2 949804 8000-0895 Cuff Kit with Welch Allyn Small Adult, Large Adult and Thigh Cuffs 1 $173.00 $133.87 $133.87 E - 39August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 Page 2 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Item Contract Reference Part Number Description Qty List Price Adj. Price Total Price 3 949804 8000-001392 Masimo rainbow® RC-4 - 4FT, Reusable EMS Patient Cable 1 $278.00 $200.90 $200.90 4 949804 8000-000371 rainbow® DCI® SpO2/SpCO/SpMet Adult Reusable Sensor with connector (3 ft) 1 $957.00 $676.00 $676.00 5 949804 8000-0580-01 Six hour rechargeable Smart battery 2 $572.00 $421.00 $842.00 6 8400-110045 CaseReview Premium Subscription, R Series and X Series, 5 Year- Hosted Provides detailed post-case information, including CPR quality on compression depth, rate, pause time and release velocity, as well as ECG, shocks, EtCO2 and SpO2 vital signs. 1 $2,260.00 $2,260.00 $2,260.00 Subtotal:$36,929.17 Total:$36,929.17 Contract Reference Description 949804 Reflects GPO Npp 2020 - Contract No. PS20200 contract pricing. Notwithstanding anything to the contrary herin, the terms and conditions set forth in NPP 2020 - Contract No. PS20200 shall apply to the customer's purchase of the products set forth on this quote. To the extent that ZOLL and Customer, or Customer’s Representative have negotiated and executed overriding terms and conditions (“Overriding T’s & C’s”), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL’s Standard Commercial Terms and Conditions (“ZOLL T’s & C’s”) which for capital equipment, accessories and consumables can be found at https://www.zoll.com/about-zoll/invoice-terms-and-conditions and for software products can be found at http://www.zoll.com/SSPTC and for hosted software products can be found at http://www.zoll.com/SSHTC. Except in the case of overriding T’s and C’s, any Purchase Order (“PO”) issued in response to this quotation will be deemed to incorporate ZOLL T’s & C’s, and any other terms and conditions presented shall have no force or effect except to the extent agreed in writing by ZOLL. 1. This Quote expires on September 10, 2022. Pricing is subject to change after this date. 2. Applicable tax, shipping & handling will be added at the time of invoicing. 3. All purchase orders are subject to credit approval before being accepted by ZOLL. 4. To place an order, please forward the purchase order with a copy of this quotation to esales@zoll.com or via fax to 978-421-0015. 5. All discounts from list price are contingent upon payment within the agreed upon terms. 6. Place your future accessory orders online by visiting www.zollwebstore.com. E - 40August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 Page 3 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com Order Information (to be completed by the customer) [ ] Tax Exempt Entity (Tax Exempt Certificate must be provided to ZOLL) [ ] Taxable Entity (Applicable tax will be applied at time of invoice) BILL TO ADDRESS SHIP TO ADDRESS Name/Department:Name/Department: Address:Address: City / State / Zip Code:City / State / Zip Code: Is a Purchase Order (PO) required for the purchase and/or payment of the products listed on this quotation? [ ]Yes PO Number: ____________PO Amount: ____________ (A copy of the Purchase Order must be included with this Quote when returned to ZOLL) [ ]No (Please complete the below section when submitting this order) For organizations that do not require a PO, ZOLL requires written execution of this order. The person signing below represents and warrants that she or he has the authority to bind the party for which he or she is signing to the terms and prices in this quotation. Port Angeles Fire Dept Authorized Signature: _1\ \s1\ Name:\n1\ Title:\t1\ Date:\d1\ E - 41August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 4 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com ALS/BLS Software Solutions Master Application Service Provider Agreement 1.Orders. ZOLL Medical Corporation (“ZOLL”) shall provide the ASP Services, Implementation Services and Support Services identified in any order or contract (“Order”) between ZOLL and another party (“Customer”) incorporating this Software Solutions Master Application Service Provider Agreement (together with each such Order, the “Agreement”). ASP Services are further defined in Section 3. Implementation Services are further defined in Section 4. Support Services are further defined in Section 5. The ASP Services, Implementation Services, and Support Services are each, and are collectively, “Services”. The terms and conditions set forth in this Agreement shall only apply to ALS/BLS Software Solutions products that are used with ZOLL Medical Corporation defibrillators. For the sake of clarity, these terms and conditions do not apply to any ZOLL patient care reporting software. 2. Payment. Customer shall pay fees to ZOLL for Services as provided in any Order and this Agreement (“Fees”). Unless otherwise provided in the applicable Order, Customer will pay ZOLL all Fees due under this Agreement within thirty (30) days after the date of ZOLL’s invoice. The first invoice will be sent after the Deployment Effective Date. "Deployment Date" means the date upon which the deployment of the ASP Services is complete and it is able to function as described in the warranty set forth in this Agreement, regardless of whether Customer actually uses such ASP Services. "Deployment Effective Date" means the earlier of (a) the Deployment Date or (b) 90 days from the date after ZOLL’s shipment of defibrillators that are included on the Order (the “Latest Deployment Date”), unless a delay in the Deployment Date has been caused by ZOLL, in which case the Deployment Effective Date shall be postponed by a number of days equal to the delay that ZOLL has caused. Fees are non- refundable other than as expressly set forth herein. Amounts not paid when due will accrue interest at the rate of 1.5% per month, or the maximum allowed by law, whichever is less. Customer shall pay all expenses (including reasonable attorney’s fees) incurred by ZOLL in connection with collection of late payments. Any amounts not paid by Customer when due may result in the forfeiture by Customer, in ZOLL’s sole discretion, of any discounts previously offered by ZOLL. In addition, ZOLL may cease providing any or all of the Services if any invoice is not paid in a timely manner, in which event ZOLL will not be liable to Customer for any damages caused by such cessation. Payment terms are subject to ZOLL’s credit approval. Fees exclude all applicable sales, use and other taxes and all applicable export and import fees, customs duties and similar charges (“Taxes”). 3. ASP Services. “ASP Services” means the hosting and maintenance of ZOLL software, as modified, updated, and enhanced (the “Underlying Software”), for remote electronic access and use by Registered Users on the website with a unique URL to be provided by ZOLL to Customer (the “ZOLL Site”) in substantial conformity with the instructions for use, documentation and users manuals from time-to-time provided by ZOLL (the “Documentation”), as listed in any Order, on and after the Implementation Date (defined below) for such services and before that Order has expired or been terminated in accordance with the Agreement. Customer acknowledges that the ASP Services are only compatible with ZOLL equipment that has been enabled and configured for use with the ASP Services in accordance with the Documentation and only with the browser and other technical environment that supports the use of the ASP Services in accordance with the Documentation. 3.1. Provision of ASP Services. Subject to the terms and conditions of the Agreement, ZOLL will use commercially reasonable efforts to make the ASP Services available to Customer and Customer’s employees, directors, principals, partners, consultants and agents authorized to use ASP Services on behalf of Customer and registered through the ZOLL Site for such use (“Registered Users”) through the ZOLL Site over normal network connections in accordance with the Documentation, excepting downtime due to necessary maintenance and troubleshooting. Customer, not ZOLL, shall be responsible for controlling Registered Users and protection of confidentiality of its login identifications and passwords. Customer acknowledges that (i) it is responsible for maintaining its interface and connectivity to the ASP Services and (ii) any facilities used for provision of the ASP Services may be owned or operated by ZOLL, or a ZOLL affiliate or a third party, or any combination of such facilities, as determined by ZOLL. Customer acknowledges that ZOLL may modify and upgrade the ASP Services, on an ongoing basis, to improve or adapt the ASP Services. Without limiting the foregoing, ZOLL will have the right, in its sole discretion, to develop, provide and market new, upgraded or modified ASP Services to Customer, including adding, removing or modifying the functionality or features of the ASP Services accessible by Registered Users. ZOLL will use commercially reasonable efforts to notify Customer within a reasonable period of time prior to the implementation of such changes so that Customer is reasonably informed of alterations to the ASP Services that will affect the ASP Services and Customer’s use of them. Notwithstanding anything to the contrary in the Agreement, ZOLL may cease providing any ASP Services upon at least six months advance notice to Customer. 3.2. Access Software. Subject to the terms and conditions of this Agreement, ZOLL grants to Customer, during the Term, a non-exclusive, non-transferable, non- sublicensable license for Registered Users to access and use the ASP Services using the ZOLL software that Registered Users may download at the ZOLL Site to access the ASP Services, as modified, updated and enhanced (the “Access Software”), each as made available to Customer through the ZOLL Site, solely for Customer’s internal business purposes and solely in accordance with the Documentation. Access Software and Underlying Software are, collectively, the “Software”. 3.3. Restrictions. Customer shall not, and shall not permit any third party to: (a) use, reproduce, modify, adapt, alter, translate or create derivative works from the ASP Services, Software or Documentation; (b) merge the ASP Services, Software or Documentation with other software or services; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer or allow access to the ASP Services, Software or the Documentation to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to alter or derive the Source Code for the ASP Services or Software; (e) remove, alter, cover or obfuscate any copyright notices or other proprietary rights notices included in the ASP Services, Software or Documentation; or (f) otherwise use or copy the ASP Services, Software or Documentation in any manner not expressly permitted by the Agreement. Customer agrees not to use the ASP Services in excess of its authorized login protocols. Customer shall immediately notify ZOLL of any unauthorized use of Customer’s login ID, password or account or other breach of security. If Customer becomes aware of any actual or threatened activity contemplated by the restrictions on use set forth in this section, Customer will, and will cause Registered Users to, immediately take all reasonable measures necessary to stop the activity or threatened activity and to mitigate the effect of such activity including: (i) discontinuing and limiting any improper access to any data; (ii) preventing any use and disclosure of improperly obtained data; (iii) destroying any copies of improperly obtained data that may have been made on their systems; (iv) otherwise attempting to mitigate any harm from such events; and (v) immediately notifying ZOLL of any such event so that ZOLL may also attempt to remedy the problem and prevent its future occurrence. 3.4. Service Level Agreement. 3.4.1.Downtime. “Downtime”, expressed in minutes, is any time the ASP Services are not accessible to Registered Users. 3.4.2. Planned Downtime. “Planned Downtime” is Downtime during which ASP Services may not be available in order for ZOLL to continue to provide commercially reasonable services, features and performance to its customers. Planned Downtime includes, but is not limited to: (a) Standard Maintenance; and (b) Emergency Maintenance. “Standard Maintenance” is performed when upgrades or system updates are desirable. “Emergency Maintenance” is performed when a critical system update must be applied quickly to avoid significant Downtime. Standard Maintenance may be performed weekly on Monday and Wednesday between the hours of 7 p.m. to 11 p.m. in Broomfield, Colorado. ZOLL will provide Customer with notice at least 24 hours in advance of Standard Maintenance. E - 42August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 5 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com 3.4.3. Excused Downtime. “Excused Downtime” time is Downtime caused by: (a) services, software or hardware provided by anyone or any entity other than ZOLL, (b) software, services or systems operating outside of a ZOLL Site, including any software or systems operating on a Customer’s premises (including ZOLL software); (c) a Force Majeure Event or (d) Customer's failure to comply with its obligations under the Agreement or use of the ASP Services in ways that were not intended. 3.4.4. Unplanned Downtime. Unplanned Downtime in a calendar month is expressed as a percentage calculated as follows: (Downtime - (Planned Downtime + Excused Downtime)) Total number of minutes in the calendar month x 100 = x %, where “x” is Unplanned Downtime. 3.4.5. Unplanned Downtime Goal. ZOLL shall provide the ASP Services such that there is less than 1% of Unplanned Downtime in a calendar month (the “Unplanned Downtime Goal”). The ASP Services covered by the Unplanned Downtime Goal are those for which Customer has paid all Fees when due and is using in the course of carrying out its normal business operations in accordance with the Agreement. 3.4.6. Revocation of Administrative Rights. Notwithstanding anything to the contrary in the Agreement, ZOLL may revoke administrative rights, including database access rights, if the use of any such rights results in Downtime. 3.4.7. Customer Content; Security; Backup. 3.4.7.1.Customer Content. As between ZOLL and Customer, and without limiting the rights of any patient, Customer will retain all right, title and interest in and to all data, information or other content provided by Customer in its use of the ASP Services (“Customer Content”); provided, however, that ZOLL may de-identify and use Customer Content for any lawful purpose consistent with all applicable law. 3.4.7.2. Security. Subject to Customer’s obligations under this Agreement, ZOLL will implement commercially reasonable security measures within the ASP Services in an attempt to prevent unlawful access to Customer Content by third parties. Such measures may include, where appropriate, use of updated firewalls, commercially available virus screening software, logon identification and passwords, encryption, intrusion detection systems, logging of incidents, periodic reporting, and prompt application of current security patches and virus definitions. 3.4.7.3. Backup of Customer Content (Not Applicable to Remote View). Although ZOLL will use commercially reasonable efforts to maintain the integrity of the Customer Content, to back up the Customer Content, and to provide full and ongoing access to the ASP Services, loss of access to the ASP Services and loss of Customer Content may occur. Customer will make provision for additional back-up storage of any critical Customer Content and shall be responsible for compliance with all records retention requirements applicable to Customer. ZOLL will not be responsible for any loss, corruption of or inaccessibility of the Customer Content due to interruption in the ASP Services or otherwise arising out of circumstances not within ZOLL’s control. 3.4.7.4. Availability of Customer Content (Not Applicable to Remote View). It is Customer’s responsibility to maintain any Customer Content that it requires for archival purposes, ongoing management of its operations and compliance with applicable records retention requirements. Unless specified otherwise in the Agreement, ZOLL will store Customer Content, other than Inactive Customer Content as defined below (the “Active Customer Content”), in ZOLL’s working data set until the earlier of (i) five years (calculated from the date of creation of such Customer Content, or ZOLL’s receipt of such Customer Content, whichever is later) or (ii) the expiration or termination of this Agreement or the Order under which such Active Customer Content was stored (the “Active Retention Period”). Upon the expiration of the Active Retention Period, ZOLL will notify Customer in writing and will provide Customer the option, which Customer shall exercise by informing ZOLL in writing, within 30 days of receiving the notice, that either (a) Customer wishes to receive Active Customer Content in a database determined by ZOLL in its sole and absolute discretion (a “Database”), or (b) Customer will pay ZOLL, at ZOLL’s then-current storage rates and upon ZOLL’s then-current terms and conditions, to continue to store the Active Customer Content. If Customer fails to exercise one of the foregoing options within such 30-day period, ZOLL will have the right to destroy the Active Customer Content. During the time ZOLL stores Customer Content for Customer hereunder, ZOLL may periodically identify Customer Content that has had no activity associated with it for at least 180 days (“Inactive Customer Content”) and will notify Customer in writing of its intent to remove the Inactive Customer Content from ZOLL’s working data set and destroy such data, unless Customer requests, in writing, within 30 days of receiving the notice from ZOLL, that either (z) Customer wishes to receive the Inactive Customer Content in a Database, or (y) Customer will pay ZOLL, at ZOLL’s then-current storage rates and upon ZOLL’s then-current terms and conditions, to continue to store such Inactive Customer Content. If Customer fails to exercise one of the foregoing options within such 30-day period, ZOLL will have the right to destroy the applicable Inactive Customer Content in its possession or under its control. Except for this Section 3.4.7.4, the terms of Section 3.4 (including, without limitation, the Unplanned Downtime Goal) do not apply to Customer’s access of Inactive Customer Content. Customer represents, warrants and agrees that it (A) is solely responsible for determining the retention period applicable to it with respect to Customer Content maintained by ZOLL; (B) has consulted with or has had the opportunity to consult with legal, information governance or records management professionals; and (C) is not relying upon ZOLL to assist with determining the records maintenance or retention requirements applicable to it. 3.4.8. Remedies. A “Service Credit” means a percentage of the monthly Fee to be credited to Customer (subject to Customer’s written request therefor and ZOLL’s verification thereof) for any ASP Service for which the Unplanned Downtime Goal is exceeded in a calendar month. For any calendar month where the aggregate total of Unplanned Downtime for any ASP Service exceeds one percent ZOLL will provide a 10% Service Credit towards Customer's monthly Fee for such ASP Service that was affected; provided, that Customer (i) requests such Service Credit in writing within 30 days of the end of the calendar month in which such Unplanned Downtime occurred, (ii) includes in such request the nature of, and date and time of such Unplanned Downtime and (iii) such Unplanned Downtime is verified by ZOLL. Such Service Credit will be applied to a future month's invoice for such ASP Services, which typically is two months later. Failure to submit a written request for Service Credit as provided in this Section 3.4.8 shall constitute a waiver of such Service Credit by Customer. Further, Service Credits shall not be issued if Customer is not current on all Fees due and payable. The remedy set forth in this Section 3.4.8 shall be the Customers’ sole and exclusive remedy with respect to ZOLL exceeding the Unplanned Downtime Goal. 3.4.9. Modifications. Changes to this Section 3.4 may be made from time to time at ZOLL’s sole discretion. Customer will be notified of any such changes that are material. 4. Implementation Services. ZOLL shall provide ASP Services implementation, training and any related services identified in an Order (the “Implementation Services”). Customer shall, in a timely manner and at its own expense, cooperate and provide or make available to ZOLL access to the Customer’s premises, systems, telephone, terminals and facsimile machines and all relevant information, documentation and staff reasonably required by ZOLL to enable ZOLL to perform the Implementation Services. Customer acknowledges that any time frames or dates for completion of the Implementation Services set out in an Order are estimates only and E - 43August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 6 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com the ability to meet them is influenced by a range of factors including, without limitation, response times and level of cooperation of Customer. Any obligations as to time are therefore on a “reasonable efforts” basis only and ZOLL shall not be liable for failure to meet time frames or completion dates unless solely due to ZOLL’s negligence. 5. Support Services. ZOLL shall provide the following Support Services for ASP Services without any additional Fees, except that ZOLL will have no obligation to provide such Support Services if any Fees for ASP Services are past due. 5.1. Support. 5.1.1. Emergency Support. ZOLL shall provide telephone support to Customer for 24 hours a day, 7 days a week, to address Errors that prevent Customer from using Supported ASP Services for a purpose for which Customer has an immediate and material need. “Supported ASP Services” means the ASP Services for which Customer has paid the then-current Fees. “Supported Environment” means a browser and other technical environment that supports the use of the ASP Services in accordance with the Documentation. “Error” means a reproducible defect in the Supported ASP Services when operated in accordance with the Documentation in a Supported Environment that causes the Supported ASP Services not to operate substantially in accordance with such Documentation. 5.1.2. Technical Support. ZOLL shall provide telephone support to Customer during 6 a.m. to 6 p.m. Eastern Time, Monday to Friday, excluding ZOLL holidays (“Business Hours”) to address all other Errors relating to any Supported ASP Services. Such telephone support will include (i) clarification of functions and features of the Supported ASP Services; (ii) clarification of the Documentation; (iii) guidance in operation of the Supported ASP Services; (iv) assistance in identifying and verifying the causes of suspected Errors in the Supported ASP Services; and (v) advice on bypassing identified Errors in the Supported ASP Services, if reasonably possible. Responses to such reporting shall be provided at a minimum within twenty-four (24) hours during Business Hours. 5.1.3. Resolution. ZOLL shall use commercially reasonable efforts to provide a modification or workaround to Supported ASP Services that resolves an Error in all material respects (“Resolution”). 5.1.4. Expenses. Support Services provided hereunder shall be provided from Chelmsford, Massachusetts or Broomfield, Colorado, as determined in ZOLL’s sole discretion. Should Customer request that ZOLL send personnel to Customer’s location to resolve any Error in the Supported ASP Services, ZOLL may charge Customer a fee of $2,500 for each day ZOLL personnel is at Customer’s location. 5.1.5. Exceptions. ZOLL shall have no responsibility under this Agreement to fix any Errors arising out of or related to the following causes: (a) Customer’s modification or combination of the Access Software (in whole or in part), (b) use of the Supported ASP Services in an environment other than a Supported Environment; or (c) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; failure of media not furnished by ZOLL; excessive heating; fire and smoke damage; operation of the Supported ASP Services with other media and hardware, software or telecommunication interfaces; or causes other than ordinary use. Any corrections performed by ZOLL for such Errors shall be made, in ZOLL’s reasonable discretion, at ZOLL’s then-current time and material charges. ZOLL will provide the Support Services only for the most current release and the one immediately preceding major release of any Access Software. Notwithstanding anything to the contrary in the Agreement, (i) ZOLL may cease providing Support Services for any ASP Services upon at least six (6) months advance notice to Customer of such cessation and (ii) Support Services do not cover Third Party Products or Services (defined below). 5.2. Conditions and Limitations. Customer shall provide ZOLL with access to Customer’s personnel and its equipment. This access must include the ability to remotely access the equipment on which the Supported ASP Services are operating and to obtain the same access to the equipment as those of Customer’s employees having the highest privilege or clearance level. ZOLL will inform Customer of the specifications of the remote access methods available and associated software needed, and Customer will be responsible for the costs and use of said equipment. Fees for third party software and services are set by the owner of such software. 6. Warranties. 6.1.Implementation Services and Support Services. Subject to Customer’s payment of the Fees, ZOLL warrants that any Implementation Services or Support Services provided to Customer will be performed with due care in a professional and workmanlike manner. ZOLL shall, as its sole obligation and Customer’s sole and exclusive remedy for any breach of the warranty set forth in this Section 6.1, perform again the Implementation Services or Support Services that gave rise to the breach or, in the case of Implementation Services, at ZOLL’s option, refund the Fees for such Implementation Services paid by Customer for the Implementation Services which gave rise to the breach. The availability of any remedy for a breach of the warranty set forth in this Section 6.1 is conditioned upon Customer notifying ZOLL in writing of such breach within thirty (30) days following performance of the defective Implementation Services or Support Services, specifying the breach in reasonable detail. 6.2. ASP Services and Access Software. Subject to Customer’s payment of the Fees, ZOLL represents and warrants with respect to any ASP Services that (i) ZOLL has the right to license the Access Software and Documentation and make the ASP Services available to Customer pursuant to this Agreement and (ii) the ASP Services, when used as permitted and in accordance with the Documentation, will materially conform to the Documentation. ZOLL does not warrant that Customer’s use of the ASP Services will be error free or uninterrupted. Customer will notify ZOLL in writing of any breach of this warranty with respect to any ASP Services prior to the expiration or termination of the Order for such ASP Services. If ZOLL is unable to provide a correction or work-around pursuant to the terms governing the provision of the ASP Services after using commercially reasonable efforts, ZOLL may terminate such Order upon written notice to Customer. Any such correction or work-around shall not extend the term of such Order. This Section 6.2 sets forth Customer’s exclusive remedy, and ZOLL’s entire liability, for breach of the warranty for the ASP Services contained herein. 6.3.Warranty Disclaimers. The warranties for the Software and Services are solely and expressly as set forth in Section 6.1 and Section 6.2 and are expressly qualified, in their entirety, by this Section 6.3. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND SECTION 6.2, (A) THE SOFTWARE AND SERVICES ARE PROVIDED STRICTLY “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, WRITTEN OR ORAL; (B) ZOLL DOES NOT PROMISE THAT THE SOFTWARE OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT THEY ARE SUITABLE FOR THE PARTICULAR NEEDS OF CUSTOMER, REGISTERED USERS OR ANY THIRD PARTY; AND (C) ZOLL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE IN TRADE. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT, AND THAT NO WARRANTIES ARE MADE BY ANY OF ZOLL’S LICENSORS OR SUPPLIERS WITH RESPECT TO THIRD PARTY PRODUCTS OR SERVICES. Customer acknowledges and agrees that, in entering into this Agreement, it has not relied upon the future availability of any new or enhanced feature or functionality, or any new or enhanced product or service, including, without limitation, updates or upgrades to ZOLL’s existing products and services. ZOLL’s performance obligations hereunder are limited to those expressly enumerated herein, and payment for ZOLL’s performance obligations shall be due as described herein. 7. Confidentiality. Neither party will use any trade secrets, information, or other material, tangible or intangible, that relates to the business or technology of the other party and is marked or identified as confidential or is disclosed in circumstances that would lead a reasonable person to believe such information is confidential E - 44August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 7 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com (“Confidential Information”) for any purpose not expressly permitted by this Agreement, and will further disclose the Confidential Information of the party disclosing it (“Disclosing Party”) only to the employees or contractors of the party receiving it (“Receiving Party”) who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The ASP Services, Software and Documentation shall be ZOLL’s Confidential Information (including without limitation any routines, subroutines, directories, tools, programs, or any other technology included in the Software), notwithstanding any failure to mark or identify it as such. The Receiving Party’s obligations under this Section 7 with respect to any Confidential Information of the Disclosing Party will terminate when and to the extent the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) is independently developed by the Receiving Party without access to, or use of, Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (ii) required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such disclosure in writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such disclosure. 8. Indemnification. 8.1.By ZOLL. ZOLL will defend, at its own expense, any action against Customer or its or any of its agents, officers, director, or employees (“Customer Parties”) brought by a third party alleging that any Software or Services infringe any U.S. patents or any copyrights or misappropriate any trade secrets of a third party, and ZOLL will pay those costs and damages finally awarded against the Customer Parties in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Customer: (a) notifying ZOLL promptly in writing of such claim or action; (b) giving ZOLL sole control of the defense thereof and any related settlement negotiations; and (c) cooperating with ZOLL and, at ZOLL’s request and expense, assisting in such defense. If any of the Software or Services become, or in ZOLL’s opinion is likely to become, the subject of an infringement claim, ZOLL may, at its sole option and expense, either: (i) procure for Customer the right to continue using such Software or Services; (ii) modify or replace such Software or Services with substantially similar software or services so that such Software or Services becomes non-infringing; or (iii) terminate this Agreement, in whole or in part. Notwithstanding the foregoing, ZOLL will have no obligation under this Section 8.1 or otherwise with respect to any infringement claim based upon: (1) use of any of the Software or Services not in accordance with this Agreement; (2) any use of any Software or Services in combination with products equipment, software, services or data not supplied by ZOLL if such infringement would have been avoided but for the combination with other products, equipment, software, services or data; (3) the failure of Customer to implement any replacements, corrections or modifications made available by ZOLL for any Software or Services including, but not limited to, any use of any release of the Software other than the most current release made commercially available by ZOLL; (4) any Customer Content; or (5) any modification of any Software or Services or use thereof by any person other than ZOLL or its authorized agents or subcontractors. This Section 8 states ZOLL’s entire liability and the exclusive remedy for any claims of infringement. 8.2. By Customer. Customer shall indemnify, defend and hold ZOLL and its agents, officers, directors and employees (the “ZOLL Parties”) harmless from and against any and all liabilities, losses, expenses, damages and claims (collectively, “Claims”) that arise out of the following except to the extent the Claims are due to the gross negligence, intentional misconduct or breach of this Agreement by the ZOLL Parties: (i) information provided to any of the ZOLL Parties by any of the Customer Parties; (ii) any of the Customer Parties’ use or misuse of any of the Software or Services, including without limitation in combination with Customer’s software or services or third party software or services; (iii) any modifications made by any of the Customer Parties to any of the Software or Services; (iv) infringement by any of the Customer Parties of any third party intellectual property right; (v) Taxes (other than taxes based on ZOLL’s net income) and any related penalties and interest, arising from the payment of the Fees or the delivery of the Software and Services to Customer; and (ix) any violation of laws or regulations, including without limitation applicable export and import control laws and regulations in the use of any of the Software or Services, by any of the Customer Parties. 9. Limitation of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL ZOLL OR ITS AFFILIATES, SUBCONTRACTORS OR SUPPLIERS, OR ANY OF THEIR OFFICERS OR DIRECTORS, BE LIABLE, EVEN IF ADVISED OF THE POSSIBILITY, FOR: (i) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), (ii) LOSS OF PROFIT, DATA, BUSINESS OR GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (iii) ANY LOSSES, COSTS OR DAMAGES ASSOCIATED WITH CUSTOMER’S PRODUCTS OR OTHER ELEMENTS INCORPORATED OR USED THEREWITH WHICH WERE NOT PROVIDED BY ZOLL OR WITH RESPECT TO ANY MODIFICATIONS MADE TO THE SOFTWARE OR SERVICES OR MISUSE OF THE SOFTWARE OR SERVICES. ZOLL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID TO ZOLL BY CUSTOMER FOR THE SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE 12-MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. Customer acknowledges that these limitations reflect the allocation of risk set forth in this Agreement and that ZOLL would not enter into this Agreement without these limitations on its liability. Customer agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. The remedies in this Agreement are Customer’s sole and exclusive remedies. In addition, ZOLL disclaims all liability of any kind of ZOLL’s licensors and suppliers, for third party products or services, and for the actions or omissions of Customer’s representatives. 10. Ownership. All right, title and interest, including but not limited to all existing or future copyrights, trademarks, service marks, trade secrets, patents, patent applications, know how, moral rights, contract rights, and proprietary rights, and all registrations, applications, renewals, extensions, and combinations of the foregoing, in and to the following are the exclusive property of ZOLL (or, as the case may be, its subsidiaries, licensors and suppliers): (i) ASP Services, Software, Documentation, and all proprietary technology used by ZOLL to perform its obligations under this Agreement; (ii) all software, tools, routines, programs, designs, technology, ideas, know-how, processes, techniques and inventions that ZOLL makes, develops, conceives or reduces to practice, whether alone or jointly with others, in the course of performing the Services; (iii) the fully compiled version of any of the foregoing software programs that can be executed by a computer and used without further compilation (the “Executable Code”); (iv) the human readable version of any of the foregoing software programs that can be compiled into Executable Code (the “Source Code”); and (v) all enhancements, modifications, improvements and derivative works of each and any of the foregoing (the “ZOLL Property”). If any derivative work is created by Customer from the Software or Services, ZOLL shall own all right, title and interest in and to such derivative work. Any rights not expressly granted to Customer hereunder are reserved by ZOLL (or its licensors and suppliers, as the case may be). 11. Term and Termination. E - 45August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 8 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com 11.1. Term. The term of this Agreement (“Term”) begins on the effective date of the first Order incorporating this Agreement and continues until it is terminated. The term of each Order begins on the effective date of such Order and continues until it expires or is terminated; provided, however, that such term (and any extension thereof) shall automatically renew for an equivalent period at ZOLL’s then current list pricing unless either party notifies the other party in writing of an intent to not renew such term at least ninety (90) days prior to the expiration of such term. “Implementation Date” for any ASP Services means the earlier of (a) the date upon which the activation of such ASP Services is complete and such ASP Services are able to function as described in the warranty for such ASP Services, regardless of whether Customer uses such ASP Services or (b) one hundred eighty (180) days following the shipment of the monitor/defibrillators in connection with which such ASP Services are to be used, unless a delay in the activation of such ASP Services is caused by ZOLL, in which case the Implementation Date shall be postponed by a number of days equal to the delay that ZOLL has caused; or (c) if Customer does not use Implementation Services to activate such ASP Services, the date of the Order for such ASP Services. 11.2. Termination. Either party may terminate this Agreement or any Order without cause on thirty (30) days’ prior written notice to the other party. Either party may terminate this Agreement or any Order if the other party materially defaults in the performance of any of its obligations hereunder and fails to cure such default within twenty (20) days after written notice from the non-defaulting party. 11.3. Effects of Termination. Upon expiration or termination of this Agreement or any Order for any reason: (a) all amounts, if any, owed to ZOLL under this Agreement or the Order that has expired or been terminated (the “Expired or Terminated Document”) before such termination or expiration will become immediately due and payable; (b) Customer’s right to access the ASP Services, and all licensed rights granted, in the Expired or Terminated Document will immediately terminate and cease to exist; and (c) Customer must (i) promptly discontinue all use of any ASP Services provided under the Expired or Terminated Document (ii) erase all copies of Access Software from Customer’s computers and the computers of its customers and return to ZOLL or destroy all copies of such Access Software and related Documentation on tangible media in Customer’s possession and (iii) return or destroy all copies of the Documentation in Customer’s possession or control; (d) each party shall promptly discontinue all use of the other party’s Confidential Information disclosed in connection with the Expired or Terminated Document and return to the other party or, at the other party’s option, destroy, all copies of any such Confidential Information in tangible or electronic form. Additionally, if any Order for ASP Services is terminated by ZOLL for a material default or by Customer without cause, then Customer immediately shall pay ZOLL an early termination fee equal to the amount of (x) the Fees for such ASP Services otherwise payable during the initial term of such Order had such Order not been terminated during such term minus (y) the sum of such Fees paid by Customer to ZOLL prior to the date of termination. Upon ZOLL’s request, Customer will provide a written certification (in a form acceptable to ZOLL), certifying as to Customer’s compliance with its post-termination obligations set forth in this Section 11.3. 12. General Provisions. 12.1.Compliance with Laws. Customer shall comply with all applicable laws and regulations, and obtain required authorizations, concerning its use of the ASP Services, including without limitation if applicable all export and import control laws and regulations. Customer will not use any ASP Services for any purpose in violation of any applicable laws. ZOLL may suspend performance if Customer violated applicable laws or regulations. 12.2. Audits and Inspections. Upon written request from ZOLL, Customer shall furnish ZOLL with a certificate signed by an officer of Customer stating that the ASP Services are being used strictly in accordance with the terms and conditions of this Agreement. During the Term and for a period of six months following the termination or expiration of this Agreement, upon prior written notice, ZOLL will have the right, during normal business hours, to inspect, or have an independent audit firm inspect, Customer’s records relating to Customer’s use of the ASP Services to ensure it is in compliance with the terms of this Agreement. The costs of the audit will be paid by ZOLL, unless the audit reveals that Customer’s underpayment of Fees exceeds five percent. Customer will promptly pay to ZOLL any amounts shown by any such audit to be owing (which shall be calculated at ZOLL’s standard, non-discounted rates) plus interest as provided in Section 2 above. 12.3. Assignments. Customer may not assign or transfer, by operation of law or otherwise (including in connection with a sale of substantially all assets or equity, merger or other change in control transaction), any of its rights under this Agreement or any Order to any third party without ZOLL’s prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. ZOLL shall have the right to assign this Agreement or any Order to any affiliate, or to any successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise, and to contract with any third party to provide part of any of the Software and Services, and to delegate performance of this Agreement or any Order to any of its subsidiaries. 12.4. U.S. Government End Users. If Customer is a branch or agency of the United States Government, the following provision applies. The Software and Documentation are composed of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202 1 (JUN 1995) and 227.7202 3 (JUN 1995). 12.5. Notices. All notices, consents, and approvals under this Agreement must be delivered in writing by electronic mail, courier, electronic facsimile, or certified or registered mail (postage prepaid and return receipt requested) to the other party at the address set forth in the most recent Order (or to such other address or person as from time to time provided by such party in accordance with this Section 12.5), and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever occurs sooner. 12.6. Governing Law and Venue; Waiver of Jury Trial. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado without reference to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action or proceeding arising from or relating to this Agreement shall be brought in a federal or state court in the State of Colorado, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. 12.7. Remedies. Except as otherwise expressly provided in this Agreement, the parties’ rights and remedies under this Agreement are cumulative. Customer acknowledges that the Software and Services are built on valuable trade secrets and proprietary information of ZOLL, that any actual or threatened breach hereof will constitute immediate, irreparable harm to ZOLL for which monetary damages would be an inadequate remedy, and that ZOLL will be entitled to injunctive relief for such breach or threatened breach. Customer further agrees to waive and hereby waives any requirement for the security or the posting of any bond in connection with such remedies. Such remedies shall not be considered to be the exclusive remedies for any such breach or threatened breach, but shall be in addition to all other remedies available at law or equity to ZOLL. 12.8. Waivers. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 12.9. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force E - 46August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 9 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com and effect. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. 12.10. Independent Contractors. The parties are entering into, and will perform, this Agreement as independent contractors. Nothing in this Agreement will be construed to make either party the agent of the other for any purpose whatsoever, to authorize either party to enter into any contract or assume any obligation on behalf of the other or to establish a partnership, franchise or joint venture between the parties. 12.11. Third Parties. Customer is solely responsible for, and none of the fees set forth herein shall be deemed to cover, any amounts owed to third parties in connection with the use of the ASP Services. If Customer engages a third-party provider (“Third Party Provider”) to deliver products or services, including without limitation software, integrated into or receiving data from or accessing the ASP Services (“Third Party Products or Services”), Customer represents, warrants and agrees that: (i) ZOLL shall have no liability, and makes no representation, with respect to such Third Party Products or Services; and (ii) the Third Party Provider shall not be an agent of ZOLL. To the extent the ASP Services or Software contains software owned by a third party for which ZOLL has a license agreement with a third party, the ASP Services and Software and all rights granted hereunder are expressly limited by and subject to any license agreements ZOLL may have for such software. 12.12. Force Majeure. Neither party shall be liable for damages for any delay or failure of performance hereunder (other than payment obligation) arising out of causes beyond such party’s reasonable control and without such party’s fault or negligence, including, but not limited to, failure of its suppliers to timely deliver acceptable parts or services, any act or omission of Customer that interferes with or impedes ZOLL’s performance hereunder, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures (a “Force Majeure Event”). 12.13. Entire Agreement; Amendment; No Third Party Beneficiaries; Survival. This Agreement, which may be accepted by performance, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral, except agreements at zollonline.com. Any other representation or agreement, whether written or oral, including but not limited to any purchase order issued by Customer, shall be wholly inapplicable to the Software and Services and shall not be binding in any way on ZOLL. This Agreement may not be amended or changed or any provision hereof waived except in writing signed by both parties. Any different or additional terms in any purchase order, confirmation or similar form issued or otherwise provided by Customer but not signed by an authorized representative of ZOLL shall have no force or effect. There are no third party beneficiaries of this Agreement. Those provisions of this Agreement that may be reasonably interpreted as surviving termination of this Agreement or the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the termination hereof including, but not limited to, Section 7 (Confidentiality), Section 8 (Indemnification), Section 9 (Limitation on Liability), Section 10 (Ownership), Section 11.3 (Effects of Termination) and Section 12 (General Provisions). This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument. 13. HIPAA. This Section 13 applies if and to the extent that ZOLL creates, receives, maintains or transmits, directly or indirectly, any protected health information of Customer (“PHI”) in the course of providing Software or Services to Customer. Capitalized terms used but not defined in this Section 13 have the meanings assigned to them elsewhere in the Agreement or, if not defined therein, as defined in the Health Insurance Portability and Accountability Act of 1996 (P.L. 104 191), 42 U.S.C. Section 1320d, et seq., and regulations promulgated thereunder, as amended from time to time (such statute and regulations collectively referred to as “HIPAA”). “Covered Entity” as used herein means Customer. “Business Associate” as used herein means ZOLL. The purpose of this Section 13 is to comply with 45 C.F.R. §164.502(e) and §164.504(e), governing PHI and business associates under HIPAA 13.1.Applicability. This Section 13 applies if and to the extent that Business Associate creates, receives, maintains or transmits, directly or indirectly, any PHI in the course of providing Software or Services to Covered Entity. 13.2.Compliance and Agents. Business Associate agrees that, to the extent it has access to PHI, Business Associate will fully comply with the requirements of this Section 13 with respect to such PHI. Business Associate will ensure that every agent, including a subcontractor, of Business Associate to whom it provides PHI received from, or created or received by Business Associate on behalf of, Covered Entity will comply with the same restrictions and conditions as set forth herein. 13.3. Use and Disclosure; Rights. Business Associate agrees that it shall not use or disclose PHI except as permitted under this Agreement, and in compliance with each applicable requirement of 45 CFR Section 164.504(e). Business Associate may use or disclose the PHI received or created by it, (a) to perform its obligations under this Agreement, (b) to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement, or (c) to provide data aggregation functions to Covered Entity as permitted by HIPAA. Further, Business Associate may use the PHI received by it in its capacity as Business Associate, if necessary, to properly manage and administer its business or to carry out its legal responsibilities. Business Associate may disclose the PHI received by it in its capacity as Business Associate to properly manage and administer its business or to carry out its legal responsibilities if: (a) the disclosure is required by law, or (b) the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it is disclosed to the person and the person notifies Business Associate of any instances of which it is aware that the confidentiality of the information has been breached. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by Covered Entity. 13.4. Safeguards. Business Associate agrees to develop, document, use, and keep current appropriate procedural, physical, and electronic safeguards, as required in 45 C.F.R. §§164.308 - 164.312, sufficient to prevent any use or disclosure of electronic PHI other than as permitted or required by this Agreement. 13.5. Minimum Necessary. Business Associate will limit any use, disclosure, or request for use or disclosure to the minimum amount necessary to accomplish the intended purpose of the use, disclosure, or request. 13.6. Report of Improper Use or Disclosure. Business Associate shall report to Covered Entity any information of which it becomes aware concerning any use or disclosure of PHI that is not permitted by this Agreement and any security incident of which it becomes aware. Business Associate will, following the discovery of a breach of “unsecured protected health information,” as defined in 45 C.F.R. § 164.402, notify Covered Entity of such breach within 15 days. The notice shall include the identification of each individual whose unsecured protected health information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such breach. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of this Agreement. 13.7. Individual Access. In accordance with an individual’s right to access to his or her own PHI in a designated record set under 45 CFR §164.524 and the individual’s right to copy or amend such records under 45 CFR §164.524 and §164.526, Business Associate shall make available all PHI in a designated record set to Covered Entity to enable the Covered Entity to provide access to the individual to whom that information pertains or such individual’s representative. E - 47August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 10 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com 13.8. Amendment of and Access to PHI. Business Associate shall make available for amendment PHI in a designated record set and shall incorporate any amendments to PHI in a designated record set in accordance with 45 CFR §164.526 and in accordance with any process mutually agreed to by the parties. 13.9. Accounting. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to an individual’s request for an accounting of disclosures of their PHI in accordance with 45 CFR §164.528. Business Associate agrees to make available to Covered Entity the information needed to enable Covered Entity to provide the individual with an accounting of disclosures as set forth in 45 CFR §164.528. 13.10. DHHS Access to Books, Records, and Other Information. Business Associate shall make available to the U.S. Department of Health and Human Services (“DHHS”), its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity for purposes of determining the Covered Entity’s compliance with HIPAA. 13.11. Individual Authorizations; Restrictions. Covered Entity will notify Business Associate of any limitation in its notice of privacy practices, any restriction to the use or disclosure of PHI that Covered Entity has agreed to with an individual and of any changes in or revocation of an authorization or other permission by an individual, to the extent that such limitation, restriction, change, or revocation may affect Business Associate’s use or disclosure of PHI. 13.12. HITECH Act Compliance. Covered Entity and Business Associate agree to comply with the amendments to HIPAA included in the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), including all privacy and security regulations issued under the HITECH Act that apply to Business Associate. 13.13. Breach; Termination; Mitigation. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate’s obligations under this Section 13, Covered Entity and Business Associate shall take any steps reasonably necessary to cure such breach and make Business Associate comply, and, if such steps are unsuccessful, Covered Entity may terminate this Agreement. Business Associate shall take reasonable actions available to it to mitigate any detrimental effects of such violation or failure to comply. 13.14. Return of PHI. Business Associate agrees that upon termination of this Agreement, and if feasible, Business Associate shall (a) return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, that Business Associate has continued to maintain in any form or manner and retain no copies of such information or, (b) if such return or destruction is not feasible, immediately notify Covered Entity of the reasons return or destruction are not feasible, and extend indefinitely the protection of this Section 13 to such PHI and limit further uses and disclosures to those purposes that make the return or destruction of the PHI not feasible. 13.15. De-identified Health Information. Business Associate may de-identify any and all PHI and may create a “Limited Data Set” in accordance with 45 C.F.R. § 164.514(b) & (e). Covered Entity acknowledges and agrees that de-identified information is not PHI and that Business Associate may use such de-identified information for any lawful purpose. Use or disclosure of a Limited Data Set must comply with 45 CFR 164.514(e). 13.16. Survival. All representations, covenants, and agreements in or under this Section 13 shall survive the execution, delivery, and performance of this Agreement. 13.17. Further Assurances; Conflicts. Each party shall in good faith execute, acknowledge or verify, and deliver any and all documents which may from time to time be reasonably requested by the other party to carry out the purpose and intent of this Section 13. The terms and conditions of this Section 13 will override and control any expressly conflicting term or condition of the Agreement. All non-conflicting terms and conditions of the Agreement shall remain in full force and effect. Any ambiguity shall be resolved in a manner that will permit Covered Entity to comply with HIPAA. For the avoidance of doubt, a limitation on liability in the Agreement does not conflict with this Section 13. 13.18. Applicable Law. The parties acknowledge and agree that HIPAA may be amended and additional guidance or regulations implementing HIPAA may be issued after the date of the execution of this Agreement and may affect the parties’ obligations hereunder. The parties agree to take such action as is necessary to amend this Agreement from time in order as is necessary for Covered Entity to comply with HIPAA. By signing below, the Customer acknowledges and agrees to those terms and conditions. The person signing below represents and warrants that she or he has the authority to bind the Customer to those terms and conditions. Customer Signature: _________________________________________________ Name: ___________________________________________ Title: ____________________________________________ Company: ________________________________________ Company Address: _________________________________ Date: ____________________________________________ E - 48August 16, 2022 Port Angeles Fire Dept Quote No: Q-33241 Version: 2 v.4 – 2021-08-26 Page 11 of 11 ZOLL Medical Corporation 269 Mill Road Chelmsford, MA 01824-4105 Federal ID# 04-2711626 Phone: (800) 348-9011 Fax: (978) 421-0015 Email: esales@zoll.com E - 49August 16, 2022 Date: August 16, 2022 To: City Council From: Mike Sanders, Interim Fire Chief Subject: System Design West LLC Service Agreement; Medicare Data Collection Background / Analysis: The Centers for Medicare and Medicaid Services (CMS) requires that all providers of ground ambulance services complete a year-long survey that collects and reports expenditures, revenues, utilization, and other departmental statistics. This data will be used to assess current payment rates and inform future reimbursement rates. The Port Angeles Fire Department has been selected to complete this Cost Survey which requires the collection of data during a continuous 12-month period starting January of 2022. We will then have five months after the end of the data collection period to report the information to CMS and submit the information via a secure web-based data collection system. Failure to sufficiently submit the required information will result in a 10 percent reduction to payments under the Ambulance Fee Schedule (AFS) for one year. Completion of the survey and submittal of the results is a complicated process. The initial survey instrument itself is 38 pages long. We have been contacted by our ambulance billing company (Systems Design) and they have suggested partnering with a contractor to complete the survey and review the final submittal. The contractor (PCG) is the same contractor that we use for the annual GEMT processing. We think that contracting for this Summary: The Centers for Medicare and Medicaid Services (CMS) requires that all providers of ground ambulance services complete a year-long survey that collects and reports expenditures, revenues, utilization, and other departmental statistics. This data will be used to assess current payment rates and inform future reimbursement rates. The Port Angeles Fire Department has been selected to complete this Cost Survey. In order to complete the survey, we will need to collect data during a continuous 12-month period starting January of 2022. Failure to sufficiently submit the required information will result in a 10 percent reduction to payments under the Ambulance Fee Schedule (AFS) for one year. Funding: The payment for this agreement is not due until May 2023 and will be built into the 2023 Medic 1 Budget. Recommendation: Authorize the City Manager to sign the Professional Service Agreement in the amount of $35,000 with Systems Design West LLC and to make minor modifications if necessary. E - 50August 16, 2022 assistance is a good idea – primarily from a workload perspective, but also because the financial risk from an incomplete or incorrect submittal is significant. PCG has varying levels of assistance available. In January 2022 we entered into a partial service level agreement with PCG at an expected cost of $10,000. Since entering this agreement, both the Finance and Fire department have experienced a loss of personnel that have impacted available time and resources to adequately complete this Medicare survey. At this point, we are recommending an increased service level contract with PCG that will provide full- service analysis and submittal from PCG on our behalf. The cost of this contracted service is $35,000, which would be due in May of 2023, after the final survey instrument is submitted. The new contracted service level will replace and be in lieu of the existing $10,000 contracted amount. The contract with PCG would be through Systems Design, exactly the same way we currently contract for GEMT services. The cost of the contract would need to be included in the 2023 budget. The previously approved contract as well as the new contract has been included for your review. It is recommended that we move forward and execute the contract as soon as possible to allow PCG to assist during the data collection period. Funding Overview: The payment for this agreement is not due until May 2023 and will be built into the Medic 1 2023 Budget. E - 51August 16, 2022 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN SYSTEMS DESIGN WEST LLC AND THE CITY OF PORT ANGELES This (“Amendment”) is entered into on the ___ day of _____, ______ (“Effective Date”) by and between Systems Design West LLC and the City of Port Angeles. WHEREAS, Systems Design West LLC and the City of Port Angeles previously executed and entered into a Professional Services Agreement (the “Agreement”). WHEREAS, Systems Design West LLC and the City of Port Angeles agree to amend, and to modify the existing agreement to reflect the understanding of the parties. NOW THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound, the parties agree as follows: 1) To incorporate Premium Contracted Services in Attachment A for cost reporting services required by participation in the Medicare Cost Data Collection Survey, 2) Pricing for Contracted Services will follow the schedule listed in Attachment B, 3) City of Port Angeles acknowledges that Contracted Services will be provided by Public Consulting Group (“Subcontractor”). All other terms, conditions and provisions of the Professional Services Agreement remain in full force and in effect and are not modified by this amendment. IN WITNESS WHEREOF, the parties hereto have caused this addendum to be executed by their duly authorized officers. Systems Design West LLC City of Port Angeles By: _______________________ By: _______________________ Name: _______________________ Name: _______________________ Title: _______________________ Title: _______________________ Date: _______________________ Date: _______________________ E - 52August 16, 2022 ATTACHMENT A CONTRACTED SERVICES – PREMIUM Pursuant to the terms and conditions of this Agreement, Systems Design West LLC shall provide via Public Consulting Group (“Subcontractor”) the following Contracted Services upon City of Port Angeles’s notification of its required participation in the Medicare Cost Data Collection Survey. Specifically, Systems Design West LLC will execute the following steps to complete the survey on behalf of City of Port Angeles: • Develop a detailed data request for those items that will be collected and provided by City of Port Angeles (“Client Data”). • Systems Design West LLC will prepare and audit the completed Medicare Cost Survey and its supporting documentation. • Using the Client Data ‘as is’, based on what City of Port Angeles provided, prepare the Cost Survey in accordance with the Medicare principles of reimbursement that include but are not limited to 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and other relevant documents which provide regulatory guidance on allowable costs and provider charges. o The parties agree and acknowledge that Systems Design West LLC is not responsible for any errors or omissions in the (i) Client Data that it receives from City of Port Angeles and (ii) Cost Survey that it prepares based on the Client data. • Systems Design West LLC will provide a report to City of Port Angeles that will include the submission of work papers and methodologies for the filing of the Medicare Cost Data Survey along with the completed report. • Systems Design West LLC will submit the final report and supporting documentation to CMS. • Systems Design West LLC will support the department in the event of a state or federal audit. PCG will develop responses to any inquiries from the Centers for Medicare and Medicaid Services (CMS) related to City of Port Angeles’s filed survey. E - 53August 16, 2022 ATTACHMENT B COMPENSATION – PREMIUM Pursuant to the terms and conditions of this Agreement, City of Port Angeles shall compensate Systems Design West LLC $35,000.00. Systems Design West LLC will invoice City of Port Angeles within thirty (30) following the submission of City of Port Angeles’s Medicare Cost Report. City of Port Angeles will remit payment to Systems Design West LLC within thirty (30) days of invoice receipt. E - 54August 16, 2022 Date: August 16, 2022 To: City Council From: Kari Martinez-Bailey, City Clerk William Bloor, City Attorney Subject: Public Safety Advisory Board Appointment Background / Analysis: The Public Safety Advisory Board has one vacant position. In accordance with Chapter 2.25 of the Port Angeles Municipal Code, the PSAB should meet and review the applications and supplemental questionnaires received from parties interested in filling the vacancies on the Board. After doing so, the members of the Board shall make a recommendation about the best qualified candidates and the recommendation will then be forwarded to the City Council. On April 20, 2022 the Public Safety Advisory Board met and discussed the qualifications of the individuals who had applied for the vacant position. The Board has one open position on the Board held for a Tribal representative. The following provides City Municipal Code requirements for the vacant positions: Chapter 2.26.020 – Composition of the Board, subsection F. Two positions shall be for enrolled tribal members. … A. All Board members, except the enrolled tribal members, shall be appointed by the City Council following the procedures established PAMC 2.25.050. B. Any enrolled member in good standing of a legally recognized tribe may be appointed to the Board. For seats to be filled by enrolled tribal members. During the April 20 meeting, the Board recommended Ms. Blankenship be appointed to the Board. Funding: Members serve without compensation. Link to Application: https://cityofpa.us/DocumentCenter/View/11957/Application-R-Blankenship Summary: On September 15, City Council adopted an ordinance, which amended the Public Safety Advisory Board (PSAB) Chapter 2.26 of the Port Angeles Municipal Code. This change did not add positions, but defined positions for specific individuals. Currently, there is one vacant seat on the Board for an enrolled Tribal member. Funding: N/A Recommendation: Appoint Rochelle Blankenship to the position held for an enrolled Tribal member on the Public Safety Advisory Board for a term ending February 28, 2026. E - 55August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Inter-local Agreement | Streamkeepers of Clallam County: Water Quality Monitoring Background / Analysis: The City relies on the County’s Streamkeeper volunteer program to collect, analyze, and report stormwater outfall and stream sampling data to help guide our Illicit Discharge Detection and Elimination (IDDE) tracing program and inform us of water quality conditions being realized throughout the creek corridor. The Streamkeepers program is an exemplary water quality volunteer program. Not only does Streamkeepers maintain the highest scientific standards, deliver high quality data and observations, but it also encourages local citizen stewardship and accountability. In the past, this partnership has led to the successful tracing and correction of sanitary sewer cross- connections, leaking sewer laterals, and other direct sources of pollution showing up in our creeks. To date, we have collected over 20 years of valuable water quality data that is being used for ongoing water quality trending and analysis efforts. Fecal bacteria are specifically monitored and tracked to help identify cross-connections, failed septic systems, or failures in the sanitary sewer system. Other water quality parameters like temperature, turbidity, bioassessment, pH, and dissolved oxygen are other common metrics used to assess stream health. The proposed 2022-2026 agreement initiates 5-yr. benthic macroinvertebrate sampling effort to help assess and track biodiversity, emphasizes a yearly statistical analysis and interpretation report from the County. Work also includes a report consolidating, reviewing, and analizing data collected between 2001-2021. Funding Overview: The agreement limits annual spending to $14,000 in 2022 which is budgeted in the stormwater professional service budget (406-7412-538-41.50) and $21,000 for each subsequent year. The 5-year agreement has a total not-to-exceed amount of $98,000. Summary: The City has maintained an inter-local agreement (ILA) with Clallam County since 2012 to obtain the services of the County’s team of volunteers, known as Streamkeepers of Clallam County, to perform water quality monitoring of stormwater outfalls and creeks within the City limits. This agreement helps the City to economically satisfy Ecology’s Phase II SW Permit requirements. This ILA will continue the monitoring work for the next five years; 2022 through December 2026. Funding: The agreement limits annual spending to $14,000 in 2022, which is budgeted in the stormwater professional service budget (406-7412-538-41.50) and $21,000 for each subsequent year and has a total 5-year not-to-exceed amount of $98,000. Recommendation: Approve 5-year ILA with Clallam County to secure the services of Streamkeepers of Clallam County and authorize the City Manager to sign the ILA and to make minor modifications to the agreement, as necessary. E - 56August 16, 2022 -1- INTER-LOCAL AGREEMENT BETWEEN CITY OF PORT ANGELES AND CLALLAM COUNTY FOR STREAM WATER QUALITY MONITORING 2022 – 2026 PSA-2022-53 This Inter-Local Agreement is between the City of Port Angeles (herein after referred to as “the City”) and Clallam County (herein after referred to as “the County”) for the purpose of volunteer recruitment, training and coordination for water quality monitoring, and associated data storage and reporting. Funding for this work is through the City of Port Angeles. WHEREAS, the Inter-Local Cooperation Act, RCW 39.34, provides that any two public agencies of the state having separate authority to exercise a particular power may enter into an agreement for cooperative or joint exercise of that power; and WHEREAS, the City is a municipal corporation of the State of Washington, and the County is a political subdivision of the State of Washington, and each party has the authority to contract for water quality monitoring services under Article XI § 11 of the Washington State Constitution; Chapter 17.10 RCW; Chapter 36.89 RCW; Chapter 85.15 RCW; and WHEREAS, the City desires to monitor levels of bacteria, and other water quality parameters in the streams and harbor of Port Angeles, in a systematic and scientific manner; and WHEREAS, the City would like to use the services of the County’s Streamkeepers program; and WHEREAS, the County will benefit from the information gathered by the City’s monitoring of the above-mentioned water quality parameters in the County’s own water quality monitoring projects. Therefore, it is mutually agreed that: A. The County’s Responsibilities: 1. Project management: The County shall track work hours and budget of the County’s Streamkeepers program to ensure effective expenditure of funds and provide a breakdown of hours and activities on pay applications. 2. Recruit and train volunteers through the County’s Streamkeepers program to perform water- quality monitoring in the Port Angeles area. 3. Devise a sampling plan in conjunction with the City. Sample sites, parameters, and periodicity will be agreed upon by Streamkeepers and the City. Sites will have safe access. Where a sampling site is not accessible from a public road or other easement, the City will obtain the landowner’s permission for Streamkeepers’ staff and/or volunteers to access the site. Baseline sampling is expected to include monthly sampling for Escherichia coli (E. coli) bacteria in freshwater streams and Enterococci bacteria in marine waters. The sampling plan will depend upon funding and laboratory costs. E - 57August 16, 2022 -2- 4. Sampling for benthic macroinvertebrates will occur in 2022 in approved locations central to each streams extent within the City limits for the following creeks: Peabody, Valley, Tumwater, & Ennis. Additional sampling events or locations must be approved by the City in advance and have funds available within the approved budget. Benthic Macroinvertebrate sampling is to occur on a 5-year interval. It is anticipated that these same sites will be sampled again in 2027 under the next ILA. 5. Conduct water quality monitoring (done by staff or volunteers), including collection of samples, in situ measurements, and installation and retrieval of continuous data loggers at designated sample sites using standard Streamkeepers protocols and quality-control measures. 6. Conduct quarterly stream flow monitoring at agreed-upon sites using standard Streamkeepers equipment, protocols, and quality-control measures. Flow monitoring data is to be included in the annual report to the City. 7. Submit samples to laboratories for analysis: a. Bacterial and other water-quality samples to the County Environmental Health Lab or, when the County Environmental Health Lab is unable to perform the analysis, another state accredited lab as defined in RCW 43.21A.230 and WAC 173-50-040. b. Benthic macroinvertebrate samples to professional taxonomy laboratories for identification and verification. 8. Record, confirm, and analyze all results, and report them to the City as soon as possible but no later than 30 days following collection via the standard reporting/recordkeeping formats as used by the County’s Streamkeepers program. Along with providing the sampling results, produce and submit to the City each month a table of data for that month, and a brief written summary pointing out any anomalies or exceedances of State water quality standards that may warrant follow-up investigation by the City’s Illicit Discharge Detection and Elimination (IDDE) response team. 9. Produce and submit to the City a yearly report compiling the collected data for the year and providing detailed graphical and statistical analysis and interpretation of results. In addition, where appropriate, annual data is to be overlain and compared against data collected during previous years. The report shall discuss trending, comparisons, anomalies, etc., and calculate and report statistical significance of results as appropriate. 10. Produce and submit to the City a comprehensive report on water quality trends in Port Angeles streams over the period 2001-2021. This comprehensive report is to be submitted to the City no later than December 31st, 2023. B. The City’s Responsibilities: 1. Provide direction as to overall sampling design, including sites, parameters, and periodicity. 2. In the instance a sampling site is not accessible from a public road or other easement, obtain landowner permission to access the site for sampling purposes. 3. Arrange with analytical laboratories for payment, as appropriate. Expected laboratory services include: E - 58August 16, 2022 -3- a) Water samples for pollutant analysis. The 2022 lab fees at the Clallam County Environmental Health Laboratory are $35.00 per sample for E. coli and $40.00 per sample for Enterococci bacterial tests. Payment of lab fees will be based on current year sample rates as set by the Clallam County Environmental Health Laboratory. If other parameters, methods, or laboratories are used, fees will vary. b) Benthic macroinvertebrate samples for taxonomic analysis per the Benthic Index of Biological Integrity (B-IBI). Laboratory fees are estimated at $430 per sample, however, rates are known to fluctuate and cannot be accurately determined in advance, but the City will use the same taxonomist(s) the County uses and will pay the same rate, including pro- rated costs for Quality Assurance laboratory analysis. 4. The City will pay for staff time and costs for the services described in “A.” above at the staff billing rate set by the County, and the actual cost of incidental material. The staff billing rate will be the composite rate of the staff salary set by Clallam County. The County will invoice the City monthly, and the City will pay within 30 days. The 2022 Streamkeeper Coordinator’s billing rate is $50.82 per labor hour. Subsequent years will be billed at the established staff billing rate set by Clallam County. 5. City’s maximum obligation: The total cost of services for the above tasks, including payments to Streamkeepers and laboratories, shall not exceed $14,000 for year 2022 and $21,000 for each additional calendar year, totaling $98,000 for the years 2022 through 2026. C. General Conditions: 1. Duration: Unless terminated by either party, this agreement shall commence on the date of execution, and shall remain in effect through December 31, 2026. 2. Modification: This Agreement may be amended or altered only by written agreement of the designated representatives of both the City and the County upon the signature of such representatives. The amendment shall explicitly state that it is an amendment to this Agreement. 3. Termination: This Agreement may be terminated by either party sixty (60) days after receipt of written notice of intent to terminate; PROVIDED that either party may immediately terminate this Agreement for public convenience or in the event of a financial emergency. If this contract is terminated or expires, the City is obligated to reimburse the County for all costs incurred in performance of the Agreement prior to its termination or expiration. 4. Property: The parties do not intend to purchase or acquire any real or personal property in performance of this Agreement, other than the supplies necessary to perform this Agreement. Property purchased or acquired in performance of this Agreement will remain with the purchasing party upon termination or expiration of this Agreement. 5. Ownership of Items Produced: All writing, programs, data, public records or other materials prepared by the County and/or its consultants, subcontractors, or volunteers, in connection with performance of this Agreement will be entered into the Clallam County Water Resources E - 59August 16, 2022 -4- database, and then delivered to the City. The parties recognize and acknowledge that all such information is available to the public. 6. Non-Discrimination: The County shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 7. Defense, Indemnity, Hold Harmless: The County shall defend, indemnify, and hold the City harmless from and against any liability for any/all injuries to person or property arising from the sole negligent act or omission of the County or its elected officials, department heads, agents, or employees in performance of this Agreement. The City shall defend, indemnify, and hold the County harmless from and against any liability for any/all injuries to person or property arising from the sole negligent act or omission of the City or its elected officials, department heads, agents, or employees in performance of this agreement. 8. Administration: This Agreement will be administered by the County’s Streamkeepers program. The County’s contact is: Joel Green, Streamkeepers Coordinator, Clallam County, 223 E. 4th Street, Suite 5, Port Angeles, WA 98362, (360) 417-2281, jgreen@co.clallam.wa.us. The City’s contact is: Vince McIntyre, Stormwater Engineer, City of Port Angeles, 321 E. 5th Street, Port Angeles, WA 98362, (360) 417-4701, Vmcintyr@cityofpa.us. IN WITNESS HEREOF, this Agreement is executed by Clallam County and by the City of Port Angeles, Washington. CITY OF PORT ANGELES CLALLAM COUNTY BOARD OF COMMISSIONERS Nathan West, City Manager Dated: ________________ _________________ , Chair Dated: ________________ Attest: __________________________________ Kari Martinez-Bailey, City Clerk Approved As To Form: Attest: _____________________________________ ________________, Clerk of the Board Approved As To Form: E - 60August 16, 2022 -5- William E. Bloor, City Attorney ____________, Deputy Prosecuting Attorney E - 61August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: Electric Utility 2022 Resource Plan Background / Analysis: The electric utility is required, by Chapter 19.280 RCW, to prepare an updated Resource Plan (Plan) and submit it to the Washington Department of Commerce by September 1, 2022. This Plan must be updated every two years and has been approved by the City Council in 2008, 2010, 2012, 2014, 2016, 2018, and 2020. It is intended to ensure that electric utilities have arranged for adequate resources to meet the needs of their customer base. While the Plan does not need to be an elaborate document, at a minimum the Plan is required to include: • Current City electric power usage • Future City electric power usage projections for five- and ten-year usage • Plans for providing customers with power for the next ten years • Where the power is purchased or generated • How the City will comply with the Clean Energy Transformation Act (CETA). CETA is a new requirement that the electric utility meet the goals of 100% carbon neutral by 2030 and 100% carbon free by 2045. The City is meeting all current requirements for CETA.The City will amend the Plan as needed when future needs change. For example, if alternative power resource opportunities are identified or if the City changes the source of power generation (provided the change is within the scope of Port Angeles' power agreement with BPA). The City is a contractually bound full-requirements customer of the Bonneville Power Administration (BPA), and the Plan was generated by BPA using typical growth rates and the City’s current and anticipated future resource mix. The 2021 version shows all power can be provided by BPA. As reported in the Plan: Summary: The City’s electric utility is required by statute to provide a biennial update to its Power Resource Plan. Updates to the Plan were submitted to, and approved by, Council biennially beginning in 2008. The process to update the plan requires public notice and hearing prior to approval of the 2022 Plan. Funding: N/A Recommendation: Conduct a public hearing; discuss the 2022 Electric Utility Resource Plan; and pass the attached resolution approving the Plan. F - 1August 16, 2022 • The City of Port Angeles used an average of 50.57 aMW, with BPA providing 50.18 aMW, .30 aMW in conservation and a small amount provided through an interlocal agreement with Clallam County PUD (0.09 aMW). • The 5-year forecast is relatively flat 50.53 aMW: o with conservation providing 0.30 aMW, o Clallam County PUD providing 0.09 aMW, and o BPA providing the majority with 50.14 aMW. • The 10-year forecast shows Port Angeles remaining flat at 50.48 aMW, with conservation providing 0.30 aMW, Clallam County PUD providing 0.09 aMW, and BPA providing 50.09 aMW. The Plan is available to the public from the City’s website. Funding Overview: N/A F - 2August 16, 2022 -1- RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, approving the 2022 Electric Utility Resource Plan. WHEREAS, the City strives to ensure that its citizens have reliable access to electricity resources adequate to meet their projected loads; and WHEREAS, RCW 19.280.030 requires the City to regularly update its Electric Utility Resource Plan at minimum intervals of every two years; and WHEREAS, the City must submit an Electric Utility Resource Plan to the Washington Department of Commerce by September 1, 2022 as required by RCW 19.280.030; and WHEREAS, the 2022 Electric Utility Resource Plan is consistent with the City's existing energy conservation programs operated in cooperation with the Bonneville Power Administration, and the Electric Power Plan adopted by the Northwest Power and Conservation Council; and WHEREAS, the City Council of the City of Port Angeles Washington, being the governing body of the consumer-owned electric utility did, after public notice, hold public hearings on the 16th of August 2022 to provide the public the opportunity to comment on the 2022 Electric Utility Resource Plan; and WHEREAS, the Council finds that the proposed 2022 Electric Utility Resource Plan is consistent with RCW 19.280.030 and meets the needs of Port Angeles, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles Washington that the 2022 Electric Utility Resource Plan as prepared by the Director of Public Works and Utilities and attached hereto as Exhibit A is hereby approved; and F - 3August 16, 2022 -2- BE IT FURTHER RESOLVED that the 2022 Electric Utility Resource Plan, together with this Resolution, shall be filed with the Department of Commerce of the State of Washington no later than the 1st of September 2022 and also be published and made available to the public through the City of Port Angeles website. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of August 2022. ______ Kate Dexter, Mayor ATTEST: By: Kari Martinez-Bailey, City Clerk APPROVED AS TO FORM: By: William E. Bloor, City Attorney F - 4August 16, 2022 F - 5August 16, 2022 City of Port Angeles << Utility Name Washington State Utility Resource Plan Year 2022 Prepared by:Gregg King Base Year 5 Yr. Est.10 Yr Est. Estimate Year 2021 2026 2031 Period Annual Annual Annual Units (MWa)(MWa)(MWa) Loads 46.36 50.53 50.48 Resources: Future Conservation/Efficiency 0.30 0.30 Demand Response BPA Tier 1 (include BPA PF)45.97 50.14 50.09 BPA Tier 2 Non BPA: Co-generation Hydro (critical water) Wind Other Renewables Thermal-Natural Gas Thermal-Coal Market Purchase (non BPA)0.09 0.09 0.09 Other Distributed Generation Undecided Total Resources 46.06 50.53 50.48 Load Resource Balance -0.30 0.00 0.00 Date of Board/Commission Approval (mm/yy) Notes: Explain resource choices other than conservation / Use of renewable energy credits in planning / Distributed Generation Sources RESOURCES: BPA Tier 1 (includes BPA PF) - The City of Port Angeles is a full resource customer of the Bonneville Power Administration. The current BPA contract ends in 2028. This forecast for 2031 assumes the City continues it's power purchase contract with BPA due to low cost and support of the City's energy efficiency. CARBON: The City is complying with all state and federal requirements to decrease carbon in the the City's power supply. As of 2020 (last year available) BPA's power is 94.61% carbon free. In addition, BPA estimates it will maintain a 91% or better carbon-free power over the next ten years. The City is participating in BPA's new contract-period talks and is pushing for a carbon-free energy product. In the event such a product is not available in the next contract period the City does have the option of meeting the 2030 goal of having a carbon-neutral power by utilizing up to 10% of its load with carbon offsets it can purchase on the open market. F - 6August 16, 2022 Date: August 16, 2022 To: City Council From: Nathan A. West, City Manager Subject: Bird Rides, LLC, Amendment of PAMC Chapter 10.24 Background / Analysis: Bird Rides, LLC., has proposed to initiate an e-scooter rental program in both Port Angeles and Sequim. Recently, the Sequim City Council authorized a trial period operating agreement with the company. At its July 19 meeting the Port Angeles City Council also authorized a limited trial period for deployment of the e-scooters. The operational agreement was fully executed on August 31. The e-scooters are intended to provide to the community an innovative, eco-friendly “micro-mobility” boost to the local transportation system. Bird utilizes a smart phone app that riders use to connect and pay for usage of the scooters. A Bird Rides, LLC overview states: “Bird uses electric-powered scooters, two-wheeled stand-up vehicles designed to safely and sustainably get you around your city. Through the Bird smartphone app, riders can see the closest Bird on a map, unlock it, complete the safety tutorial, and ride directly to their destination. It costs $1 to start, then a per minute fee. Our mission is to get people out of cars and: Solve the last-mile problem and connect more residents to transit options.” Other excerpts from a Bird’s materials state that, Stand-up electric scooters are to be ridden on streets, and where available, in bike lanes and bike paths. Stand-up electric scooters are to stay to the right of street lanes and to offer the right-of-way to bicycles in bike lanes and on bike paths. Users of Stand-up electric scooters shall be 18 or older. Summary: Bird Rides, LLC., an electric-powered scooter (e-scooter) rental company (Bird), proposed establishing e-scooter rental systems in both Port Angeles and Sequim. Following a presentation by Bird, City Council authorized the City Manager to finalize and enter into an Agreement to allow Bird to operate within the City limits. Following discussions between City staff and Bird, it became apparent that amendments to PAMC Chapter 10.24, the City’s existing ordinance regulating scooters, would better facilitate unencumbered operations. Funding: N/A Recommendation: • Conduct the first reading of the ordinance, • waive the second reading of the ordinance, and • adopt the ordinance. G - 1August 16, 2022 The City has an existing ordinance that regulates scooters. That ordinance does not contemplate the type of micro mobility program that Bird intends to implement. In discussions with Bird, Staff recognized that the efficiency of Bird’s program could be enhanced, without any loss of safety or essential regulation, by making a few amendments to the existing ordinance. That is the goal of the ordinance offered tonight for Council’s consideration. The proposed amendments to PAMC regulate the streets upon which the electric scooters will be allowed to operate and the conditions of their operation. The changes are shown in the attached ordinance. Funding Overview: N/A G - 2August 16, 2022 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending portions of Chapter 10.24 of the Port Angeles Municipal Code relating to Motorized Foot Scooters and Similar Devices. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3172 as amended, and Chapter 10.40 of the Port Angeles Municipal Code are hereby amended by amending sections of Chapter 10.40 as follows: 10.24.010 Definitions. . . . . E. "Rules of the road" means all rules applicable to vehicle or pedestrian traffic as set forth in state statute, rule, or regulation. For purposes of this ordinance, "Rules of the road" includes but is not limited to Chapter 10.16 PAMC; RCW 46.61.710, 715; and RCW 46.20.500. . . . . G. The regulations of this chapter shall not apply to any vehicle used to perform official business of the City or used by a disabled person as defined by RCW 46.16.381. 10.24.020 Areas of operation. It is unlawful for any person to operate a motorized foot scooter or other motorized wheeled recreation device: A. On any City street unless such person is 16 years of age or older; B. On any City street with a maximum speed limit above 25 30 miles per hour; C. On any City property that is not a City street; D. Upon any bicycle, recreational, hiking, or equestrian path or trail designated for use only by pedestrians; E. Upon any sidewalk, except as may be necessary to enter or leave adjacent property; G - 3August 16, 2022 2 F. In any park; G. On any posted private or public property; H. While on the public streets, rights-of-ways, or alleys of the City of Port Angeles without wearing a properly fitted helmet. 10.24.030 Rules of operation. A. It is unlawful for any person to operate a motorized foot scooter or other wheeled recreation device: 1. With a passenger in addition to the operator; 2. Between the time of sunset to sunrise; provided, however, that a motorized foot scooter may be operated between the hours of sunset and sunrise, except the hours of midnight to 4:00 A.M., if it is equipped with a headlight and taillight and both lights are lit. 3. While under the influence of intoxicating liquor, cannabis, or any drug. For purposes of this paragraph, “under the influence” has the same meaning as it does in RCW 46.61.506. . . . . Section 2. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Section 3. - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4. - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. G - 4August 16, 2022 3 PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of ___________, 2022. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk G - 5August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas Hunter, Director, Public Works & Utilities Subject: Ordinance Amendments – Wastewater System Modeling Requirement Background / Analysis: In 2021 the City employed a consulting firm to evaluate the City’s wastewater collection system and facilities. This evaluation allows for horizon planning and budgeting for maintenance and replacement of and upgrades to the wastewater collection system and facilities. As a component of this effort, the existing collections system was modeled. Information from the model was used to pinpoint capacity problem areas and identify projects to correct problem areas and improve capacity. As the City grows this model can be used to determine and plan for future sewer availability. As an added benefit, the system model and the City’s consultant can be used by potential developers at a significantly reduced cost to demonstrate their proposal will not have an adverse impact to the City system and/or identify necessary offsite system improvements. The fee for use of this model is the City’s cost for consultant services and City staff time plus applicable taxes. The current cost estimate for the average project to utilize this model is $3000 to $7000. The low end of the cost range is the typical project that does not trigger follow up scenario analysis. At the July 12, 2022, UAC meeting, these proposed revisions were considered. The UAC reviewed the proposed revisions and voted in favor of forwarding a favorable recommendation to City Council to approve the revisions. Response from the development community to utilize this model has also been positive. Summary: The City’s wastewater collection system is capacity constrained in the eastern and western areas of the City leading to seasonal combined sewer overflow events. These revisions will provide a mechanism to allow for informed decisions regarding approval for new connections to and extensions of the City’s wastewater collection system. Funding: N/A Recommendation: Conduct the first reading of the proposed Ordinances amending Municipal Code Sections 13.62.180 to require wastewater system modeling and 3.70.110 for the associated fee. Staff recommends waiving the second reading and adopting the Ordinances which would allow for currently proposed projects to utilize this service as soon as possible. G - 6August 16, 2022 1 ORDINANCE NO. __________ AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 13.62 of the Port Angeles Municipal Code relating to sewer extensions. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2394 as amended, and Chapter 13 of the Port Angeles Municipal Code relating to sewer extensions applications are hereby amended by amending Section 13.62.180 as follows: 13.62.180 – Extensions – Application. 13.62.180 - Extensions—Application. A. The person or developer desiring a main extension shall submit to the Director an application in a form and containing the information specified by the Director. apply to the Director requesting permission to extend the City’s sewer system. B. The Director shall review the application, and, if the requested extension is determined to be a proper extension of the sewer system, shall provide the petitioner with the design requirements for the extension. Any extension of the Port Angeles Wastewater System must be approved by the Director and all extensions must conform to Department of Ecology regulations and the Port Angeles Sewer Facility Plan. The material contained in these standards shall be used in conjunction with the Washington State Department of Ecology regulations to develop all plans and specification and construction of wastewater facilities. No extension of the City’s wastewater system shall be approved that will interfere with the system operation, which will cause the system discharge to violate its National Pollutant Discharge Elimination System (NPDES) permit or other applicable state or Federal regulations and requirements, or will cause physical damage to the wastewater system or treatment facilities. Where there are conflicts or differences between these standards and City ordinances, the City ordinances shall apply. C. If the requested main extension is determined to be an improper extension of the sewer system, the application shall be denied. In designing and planning for any development, it is the developer's responsibility to see that adequate sewer systems are provided. The developer shall demonstrate, in the proposed plans, how sewer facilities will be provided and whether the existing system will be adversely impacted. An adequate analysis of the system shall be required by the G - 7August 16, 2022 2 Director. Developers shall submit an analysis of the main extensions impact to the existing wastewater system available capacity, or pay the fees presented below in order to utilize City wastewater system capacity modeling. The cost for this shall be as per 3.70.110(H)6 PAMC. D. If the Director requires analysis of the proposed extension and its impact to the City’s existing system, the Developer shall provide the necessary design information to the Director. E. The Director shall review the application, and, if the requested extension is determined to be a proper extension of the sewer system, shall provide the Developer with the design requirements for the extension. F. If the requested main extension is determined to cause an exceedance of the existing sewer system design flow capacity, the application shall be denied. Section 2. - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s/clerical errors, references to other local, state, or federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto. Section 3. - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4. - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of ___________, 2022. _______________________ Kate Dexter, Mayor APPROVED AS TO FORM: _____________________________ William E. Bloor, City Attorney ATTEST: _____________________________ Kari Martinez-Bailey, City Clerk G - 8August 16, 2022 1 ORDINANCE NO. _______ AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 3.70 Fees of the Port Angeles Municipal Code as follows. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 3085 and Subsection H of Chapter 3.70 of the Port Angeles Municipal Code are hereby amended as follows: CHAPTER 3.70 - FEES . . . . 3.70.110 Public Works and Utilities Department fees and deposits. . . . . H. The fee for a permit for sewer connection shall be as follows: 1. Single-family houses: $150.00, which includes all applicable taxes. 2. Multiple family dwellings, including duplexes, apartment buildings, trailer and auto courts, motels, and similar structures: $135.00 for the first dwelling unit and $10.00 for each additional dwelling unit. 3. All other structures, including, but not limited to, hotels, apartment hotels, office buildings, stores, churches, schools, hospitals, buildings accessory thereto, and industrial/commercial structures of any kind and additions thereto: One-half cent per gross square foot of area occupied by all floors of such structure for the first 100,000 square feet (exclusive of areas devoted to single-family dwelling houses for multiple dwelling structures); and one-quarter cent per gross square foot for the remaining footage in excess of 100,000 square feet. In addition thereto, $10.00 for each single-family or multiple dwelling unit combined therewith; with a minimum fee of $135.00 and a maximum fee of $1,500.00. 4. The fee for additional direct connections to a public sewer shall be the same as for an initial connection. G - 9August 16, 2022 2 5. The fee for a reconnection to a public sewer using an existing side sewer shall be the same as for an initial connection. 6. The fee for City wastewater modeling shall be City’s actual cost including consultant fee to run model and prepare memo, City staff time to review and administer model analysis plus applicable taxes. . . . . Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener’s errors/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 – Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of this Ordinance, or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 4 – Effective Date. This Ordinance exercises authority granted exclusively to the City Council and is not subject to referendum. It shall be in force and take effect 5 (five) days after publication according to law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the _____ day of _________ 2022. _______________________________ Kate Dexter, Mayor ATTEST: APPROVED AS TO FORM: G - 10August 16, 2022 3 _______________________________ _______________________________ Kari Martinez-Bailey, City Clerk William E. Bloor, City Attorney PUBLISHED: ___________________ By Summary G - 11August 16, 2022 Date: August 16, 2022 To: City Council From: Norm Gollub, Interim Community and Economic Development Director Subject: TR-0209 Race Street Recreation Conservation Office Grant Application Background / Analysis: The Recreation Conservation Office (RCO) provides grants to Cities, Counties, Park Districts, Tribes, and Nonprofit Organizations to protect and improve Washington’s natural and outdoor recreation resources, now and for future generations. One grant opportunity that is currently open is the Western Washington Recreation Program - Trails (WWRP-Trails) Grant. This grant provides funds to buy land and/or develop non-motorized trail facilities such as the Olympic Discovery Trail and the Race Street Complete Street Trail. In 2020, the City was a successful recipient of this grant and was awarded $400,000 for the first phase of the Race Street Complete Street Project, which spans from 8th Street to Olympus Avenue. Over the last 8 years, the City has been working to complete the design and construction of the Race Street Complete Street Project, which when completed will see the construction of a 11’ non-motorized trail along Race Street from Front Street to the Olympic National Park Visitor and Backcountry Information Center at Olympus Avenue. Phase two of the project will see construction of the trail from Front Street to 8th Street. It is important to note that no General Fund dollars have been committed towards the WWRP - Trails Grant. Funding from other federal sources will match the RCO Grant, relieving the City of match requirements for the construction of Phase one. The current total estimated cost of the second phase of the project is $3,900,000. The City is requesting $1,500,000 in its WWRP- Trails Application. Funding Overview: No General Funds dollars are associated with this grant. Federal funding received from the Federal Lands Access Program, Surface Transportation Block Grant, and Transportation Alternatives Program will provide the necessary matching funds for the construction of phase two, scheduled for the summer of 2024. Summary: The City is pursuing a Recreation Conservation Office (RCO) Western Washington Recreation Program – Trails (WWRP-Trails) Grant to fulfill the funding of the first phase of the Race Street Complete Street project. Funding: No General Funds dollars are associated with this grant at this time Federal Grants will match the RCO requested funds, fulfilling the remainder of the funding for the project. Recommendation: Approve the attached Resolution authorizing the submission of an application for grant assistance from the Recreation and Conservation Office for Capital Facility Project TR-0209. H - 1August 16, 2022 Applicant Resolution/Authorization Organization Name (sponsor) ______________________________________________________________________________ Resolution No. or Document Name________________________________________________________________________ Project(s) Number(s), and Name(s)___________________________________________________________________________ This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: 1.Our organization has applied for or intends to apply for funding assistance managed by the Office for the above “Project(s).” 2.Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: Grant Document Name of Signatory or Title of Person Authorized to Sign Grant application (submission thereof) Project contact (day-to-day administering of the grant and communicating with the RCO) RCO Grant Agreement (Agreement) Agreement amendments Authorizing property and real estate documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. H - 2August 16, 2022 3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and ConservationOffice’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain anindemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4.Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorizedrepresentative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. 5.Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6.Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. 7.Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorizedrepresentative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executesthe Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization. 8.Any grant assistance received will be used for only direct eligible and allowable costs that arereasonable and necessary to implement the project(s) referenced above. 9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for thegrant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cashmatching share commitments to this project should they not materialize. 10.Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only requestpayment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grantreports, or other responsibilities are complete. 11.[for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to inwriting by our organization and the Office. We agree to dedicate the property in a signed “Deed of Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (whichdocuments will be based upon the Office’s standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property H - 3August 16, 2022 acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12.[for Development, Renovation, Enhancement, and Restoration Projects Only–If our organization ownsthe project property] Our organization acknowledges that any property owned by our organization thatis developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13.[for Development, Renovation, Enhancement, and Restoration Projects Only–If your organization DOESNOT own the property] Our organization acknowledges that any property not owned by ourorganization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14.[Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from theCritical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 15.This resolution/authorization is deemed to be part of the formal grant application to the Office. 16.Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that ourorganization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed ________________________________________________________________________________________________________ Title ________________________________________________________________ Date _____________________________________ On File at:___________________________________________________________________________________________________ This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location:___________________________________________________________________Date:___________________________ Washington State Attorney General’s Office Approved as to form _______________________________________________ 2/13/2020_____________________ Assistant Attorney General Date You may reproduce the above language in your own format; however, text may not change. H - 4August 16, 2022 Date: August 16, 2022 To: City Council From: Brian S. Smith, Chief of Police Subject: 2023 Funding Legislation Pending Background / Analysis: Washington law enforcement is 51st in the United States for sworn officers to citizen ratio (according the WASPC “Crime in Washington 2021” WA is 1.3 per 1,000 residents and Port Angeles is 1.3 officers per 1,000 residents). In 2021 approximately 500 officers out of approximately 11,000 left the profession in Washington and have not been replaced. Historically there has been a lack of general fund revenue to adequately fund modern, well-trained and accredited police and sheriff’s offices in the state. The Port Angeles Police Department is one of the largest portions of the City’s general fund and requires additional funding support from the State of Washington and the United States Government to maintain essential levels of service. Our ability to maintain ourselves as a well-trained, well equipped and accredited police department requires adequate and consistent funding. The additional requirements placed on law enforcement by legislation in 2021 have further reduced our capacity and increased the need for adequate funding to keep our programs and services at industry standards and meet both community and legislative expectations. The failure to pass SB 5841 (and the later copy amendment) was a historic missed opportunity for law enforcement in Washington. It is likely that upwards of $230 million/biennium was at stake had every city and county opted into the sales tax reallocation. The WA Department of Revenue estimated the potential revenue numbers based on the previous tax structure used for other purposes (their spreadsheet is attached). This bill will be revisited in the 2023 session. House Bill 1787 would have provided $100 million in one-time funding to law enforcement agencies based on the number of sworn officers. As proposed the Washington Criminal Justice Training Commission (WACJTC) Summary: Senate Bill 5841 is the 1/10th of 1.0% tax credit bill. If passed it would require the State to credit .10 of the sales and use tax that normally goes back to the State of WA. These funds could only be used for the specific purpose of hiring law enforcement officers and for “other criminal justice purposes”. The WA Department of Revenue estimated that this would be approximately $483,900 per biennium for the City of Port Angeles. To receive these funds the City would have to “opt in’. This bill also adds additional support for basic law enforcement training in that it drops the 25% cost mandate for agencies and requires a minimum of 25 classes per year to be funded. House Bill 1787 is aimed at funding recruitment and retention for law enforcement officers. If passed it is estimated that this bill would provide approximately $100 million for law enforcement across the State of Washington in “lump sums”. It is unknown as to the exact amount that would go to the City of Port Angeles. Both bills are supported by the Association of Washington Cities (AWC), the Washington Associations of Sheriffs and Chiefs of Police (WASPC) and the Washington Association of Counties (WASAC). Funding: Both pieces of legislation would provide funding to the City that would be added to revenue received by the City without increasing local taxes. Recommendation: Authorize the Mayor to send a letter of support to the authors of both bills and testify in favor of both bills during hearings in the 2023 Legislative session. I - 1August 16, 2022 would award to the agency $5,000 for each retained law enforcement officer. These funds would be then awarded to the employees who remain with the agency for one year as one-time retention bonuses. The bill also provides funding to support body worn camera programs, including equipment purchase and costs associated with Public Records requests. Funding Overview: For SB 5841 the WA Dept. of Revenue estimate for funding credit to the City of Port Angeles is approximately $483,900 per biennium. There are additional costs to the state that are funded in the bill that include eliminating the current 25% contribution by the host agency for the Basic Law Enforcement Academy (BLEA) and the minimum 25 BLEA classes per year (which is approximately 8 more than are currently offered. This portion of the bill would reduce costs to the City in that wait times to train new officers would be reduced. For HB 1787 there is a potential for the City to receive $160,000 to disperse $5,000 to each of the 32 commissioned officers should they remain with the City one year beyond the date designated. Other funding in the $100 million-dollar bill supports the costs for body worn camera systems. The Police Department estimates that with approximately $90,000 in equipment costs and approximately $80,000 in annual staff costs (1 Records FTE), all 32 sworn officers could be equipped with and utilize a robust body worn camera and body worn camera system. I - 2August 16, 2022 Estimated new funding PER BIENNIUM $ 278,700.00 HATTON $ 700.00 LIND $ 5,800.00 OTHELLO $ 237,800.00 RITZVILLE $ 58,200.00 WASHTUCNA $ 4,800.00 $ 91,100.00 ASOTIN CITY $ 12,200.00 CLARKSTON $ 328,000.00 $ 686,200.00 BENTON CITY $ 53,200.00 KENNEWICK $ 2,651,000.00 PROSSER $ 243,300.00 RICHLAND $ 1,789,200.00 WEST RICHLAND $ 226,100.00 $ 675,400.00 CASHMERE $ 67,400.00 CHELAN CITY $ 259,900.00 ENTIAT $ 21,900.00 LEAVENWORTH $ 269,000.00 WENATCHEE $ 1,358,400.00 $ 652,200.00 FORKS $ 84,700.00 PORT ANGELES $ 483,900.00 SEQUIM $ 469,100.00 $ 3,031,600.00 BATTLE GROUND $ 501,400.00 CAMAS $ 581,700.00 LA CENTER $ 100,400.00 RIDGEFIELD $ 385,400.00 VANCOUVER $ 5,685,300.00 WASHOUGAL $ 263,300.00 YACOLT $ 20,100.00 $ 41,100.00 DAYTON $ 40,800.00 STARBUCK $ 1,400.00 $ 570,300.00 CASTLE ROCK $ 69,300.00 CLARK COUNTY COLUMBIA COUNTY COWLITZ COUNTY CLALLAM COUNTY Location ADAMS COUNTY ASOTIN COUNTY BENTON COUNTY CHELAN COUNTY I - 3August 16, 2022 KALAMA $ 97,500.00 KELSO $ 378,100.00 LONGVIEW $ 1,219,100.00 WOODLAND $ 273,000.00 $ 845,500.00 BRIDGEPORT $ 11,100.00 EAST WENATCHEE $ 550,200.00 MANSFIELD $ 5,600.00 ROCK ISLAND $ 14,300.00 WATERVILLE $ 13,000.00 $ 64,400.00 REPUBLIC $ 24,600.00 $ 244,800.00 CONNELL $ 42,900.00 KAHLOTUS $ 1,700.00 MESA $ 11,500.00 PASCO $ 1,867,900.00 $ 24,200.00 POMEROY $ 21,400.00 $ 604,700.00 COULEE CITY $ 13,900.00 ELECTRIC CITY $ 10,000.00 EPHRATA $ 244,100.00 GEORGE $ 17,900.00 GRAND COULEE $ 42,500.00 HARTLINE $ 1,600.00 KRUPP $ 400.00 MATTAWA $ 32,200.00 MOSES LAKE $ 1,004,200.00 QUINCY $ 662,400.00 ROYAL CITY $ 50,400.00 SOAP LAKE $ 19,700.00 WARDEN $ 33,000.00 WILSON CREEK $ 2,000.00 $ 358,300.00 ABERDEEN $ 554,600.00 COSMOPOLIS $ 19,000.00 ELMA $ 92,200.00 HOQUIAM $ 109,200.00 MCCLEARY $ 21,500.00 MONTESANO $ 80,700.00 DOUGLAS COUNTY FERRY COUNTY FRANKLIN COUNTY GARFIELD COUNTY GRANT COUNTY GRAYS HARBOR COUNTY I - 4August 16, 2022 OAKVILLE $ 16,900.00 WESTPORT $ 69,200.00 OCEAN SHORES $ 193,200.00 $ 894,000.00 COUPEVILLE $ 70,900.00 LANGLEY $ 54,000.00 OAK HARBOR $ 549,200.00 $ 373,000.00 PORT TOWNSEND $ 285,100.00 $ 3,141,000.00 ALGONA $ 40,500.00 AUBURN/KING RTA $ 2,354,500.00 BEAUX ARTS VILLAGE $ 7,700.00 BELLEVUE RTA $ 8,762,500.00 BLACK DIAMOND $ 170,700.00 BOTHELL/KING $ 820,300.00 CARNATION $ 55,800.00 CLYDE HILL $ 80,600.00 DES MOINES $ 374,800.00 DUVALL $ 178,400.00 ENUMCLAW $ 462,600.00 COVINGTON $ 680,100.00 HUNTS POINT $ 31,300.00 ISSAQUAH RTA $ 2,131,000.00 KENT RTA $ 3,429,900.00 KIRKLAND $ 3,398,500.00 LAKE FOREST PARK $ 177,600.00 MEDINA $ 226,800.00 MERCER ISLAND $ 576,300.00 MAPLE VALLEY $ 535,500.00 NORMANDY PARK $ 111,400.00 NORTH BEND $ 359,500.00 PACIFIC/KING $ 82,700.00 REDMOND RTA $ 5,051,600.00 RENTON RTA $ 3,502,200.00 SEATTLE $ 29,111,800.00 SKYKOMISH $ 10,600.00 SNOQUALMIE $ 327,600.00 TUKWILA $ 2,117,800.00 YARROW POINT $ 35,500.00 MILTON/KING $ 21,500.00 FEDERAL WAY $ 1,986,600.00 SEATAC $ 1,380,900.00 BURIEN $ 1,013,000.00 KING COUNTY JEFFERSON COUNTY ISLAND COUNTY I - 5August 16, 2022 WOODINVILLE RTA $ 874,100.00 NEWCASTLE $ 184,300.00 SHORELINE $ 1,386,900.00 KENMORE $ 404,800.00 SAMMAMISH RTA $ 800,400.00 $ 2,847,600.00 BREMERTON $ 1,251,900.00 PORT ORCHARD $ 771,100.00 POULSBO $ 562,100.00 BAINBRIDGE ISLAND $ 646,900.00 $ 611,500.00 CLE ELUM $ 151,700.00 ELLENSBURG $ 664,600.00 KITTITAS CITY $ 16,300.00 ROSLYN $ 24,900.00 SOUTH CLE ELUM $ 4,900.00 $ 365,400.00 BINGEN $ 31,200.00 GOLDENDALE $ 88,500.00 WHITE SALMON $ 62,800.00 $ 745,000.00 CENTRALIA $ 435,500.00 CHEHALIS $ 666,200.00 MORTON $ 51,200.00 MOSSYROCK $ 13,400.00 NAPAVINE $ 57,700.00 PE ELL $ 6,300.00 TOLEDO $ 19,300.00 VADER $ 6,100.00 WINLOCK $ 29,900.00 $ 89,500.00 ALMIRA $ 3,000.00 CRESTON $ 2,300.00 DAVENPORT $ 47,500.00 HARRINGTON $ 6,000.00 ODESSA $ 13,600.00 REARDAN $ 8,800.00 SPRAGUE $ 5,200.00 WILBUR $ 15,000.00 $ 717,400.00 SHELTON $ 338,700.00 KITSAP COUNTY KITTITAS COUNTY KLICKITAT COUNTY LEWIS COUNTY LINCOLN COUNTY MASON COUNTY I - 6August 16, 2022 $ 284,600.00 BREWSTER $ 67,900.00 CONCONULLY $ 2,700.00 COULEE DAM $ 8,600.00 ELMER CITY $ 1,300.00 NESPELEM $ 2,700.00 OKANOGAN CITY $ 61,600.00 OMAK $ 273,000.00 OROVILLE $ 34,200.00 PATEROS $ 12,800.00 RIVERSIDE $ 3,600.00 TONASKET $ 43,700.00 TWISP $ 42,700.00 WINTHROP $ 61,800.00 $ 201,000.00 ILWACO $ 25,700.00 LONG BEACH $ 92,400.00 RAYMOND $ 55,400.00 SOUTH BEND $ 31,900.00 $ 103,300.00 CUSICK $ 3,600.00 IONE $ 7,400.00 METALINE $ 1,600.00 METALINE FALLS $ 3,000.00 NEWPORT $ 54,900.00 $ 5,238,900.00 BONNEY LAKE $ 862,000.00 BUCKLEY $ 182,200.00 CARBONADO $ 4,300.00 DUPONT $ 228,000.00 EATONVILLE $ 68,900.00 FIFE $ 1,346,400.00 FIRCREST $ 83,400.00 GIG HARBOR $ 966,200.00 MILTON/PIERCE $ 168,900.00 ORTING $ 110,400.00 PUYALLUP $ 3,012,200.00 ROY $ 25,600.00 RUSTON $ 38,500.00 SOUTH PRAIRIE $ 7,100.00 STEILACOOM $ 66,400.00 SUMNER $ 905,000.00 TACOMA $ 6,583,900.00 OKANOGAN COUNTY PACIFIC COUNTY PEND OREILLE COUNTY PIERCE COUNTY I - 7August 16, 2022 WILKESON $ 4,100.00 UNIVERSITY PLACE $ 422,900.00 EDGEWOOD $ 205,700.00 LAKEWOOD $ 1,595,100.00 PACIFIC/PIERCE $ 57,300.00 AUBURN/PIERCE $ 106,900.00 $ 527,000.00 FRIDAY HARBOR $ 168,700.00 $ 698,300.00 ANACORTES $ 618,700.00 BURLINGTON $ 1,101,600.00 CONCRETE $ 21,600.00 HAMILTON $ 10,000.00 LA CONNER $ 65,300.00 LYMAN $ 5,100.00 MOUNT VERNON $ 1,007,600.00 SEDRO WOOLLEY $ 227,000.00 $ 120,800.00 NORTH BONNEVILLE $ 8,900.00 STEVENSON $ 59,600.00 $ 4,367,700.00 ARLINGTON $ 799,200.00 BRIER $ 53,300.00 DARRINGTON $ 23,500.00 EDMONDS $ 1,132,200.00 EVERETT RTA $ 3,622,900.00 GOLD BAR $ 34,000.00 GRANITE FALLS $ 89,000.00 INDEX $ 3,600.00 LAKE STEVENS $ 677,700.00 LYNNWOOD $ 2,922,600.00 MARYSVILLE $ 1,712,100.00 MONROE $ 715,400.00 MOUNTLAKE TERRACE $ 438,000.00 MUKILTEO $ 358,900.00 SNOHOMISH CITY $ 608,300.00 STANWOOD $ 281,200.00 SULTAN $ 110,300.00 WOODWAY $ 28,500.00 MILL CREEK $ 456,800.00 BOTHELL/SNOHOMISH $ 996,500.00 $ 2,150,800.00 SKAMANIA COUNTY SNOHOMISH COUNTY SPOKANE COUNTY SKAGIT COUNTY SAN JUAN COUNTY I - 8August 16, 2022 AIRWAY HEIGHTS $ 297,100.00 CHENEY $ 190,900.00 DEER PARK $ 163,600.00 FAIRFIELD $ 8,200.00 LATAH $ 1,300.00 MEDICAL LAKE $ 63,700.00 MILLWOOD $ 81,900.00 ROCKFORD $ 9,300.00 SPANGLE $ 6,500.00 SPOKANE CITY $ 6,353,000.00 WAVERLY $ 600.00 LIBERTY LAKE $ 552,400.00 SPOKANE VALLEY $ 3,480,300.00 $ 319,700.00 CHEWELAH $ 57,900.00 COLVILLE $ 285,700.00 KETTLE FALLS $ 30,500.00 MARCUS $ 500.00 NORTHPORT $ 5,100.00 SPRINGDALE $ 5,500.00 $ 1,309,300.00 BUCODA $ 3,400.00 LACEY $ 1,743,700.00 OLYMPIA $ 2,711,300.00 RAINIER $ 29,200.00 TENINO $ 42,100.00 TUMWATER $ 1,297,200.00 YELM $ 321,500.00 $ 35,600.00 CATHLAMET $ 18,200.00 $ 407,400.00 COLLEGE PLACE $ 208,900.00 PRESCOTT $ 5,900.00 WAITSBURG $ 11,900.00 WALLA WALLA CITY $ 819,100.00 $ 1,035,700.00 BELLINGHAM $ 3,342,200.00 BLAINE $ 175,700.00 EVERSON $ 52,900.00 FERNDALE $ 366,400.00 LYNDEN $ 369,900.00 NOOKSACK $ 19,800.00 WALLA WALLA COUNTY WHATCOM COUNTY STEVENS COUNTY THURSTON COUNTY WAHKIAKUM COUNTY I - 9August 16, 2022 SUMAS $ 41,700.00 $ 120,400.00 ALBION $ 2,100.00 COLFAX $ 81,900.00 COLTON $ 3,400.00 ENDICOTT $ 4,600.00 FARMINGTON $ 1,600.00 GARFIELD $ 4,500.00 LA CROSSE $ 4,500.00 LAMONT $ 300.00 MALDEN $ 2,700.00 OAKESDALE $ 4,200.00 PALOUSE $ 10,500.00 PULLMAN $ 590,700.00 ROSALIA $ 7,500.00 ST. JOHN $ 9,300.00 TEKOA $ 7,700.00 UNIONTOWN $ 3,500.00 $ 773,700.00 GRANDVIEW $ 130,100.00 GRANGER $ 23,800.00 HARRAH $ 23,000.00 MABTON $ 12,500.00 MOXEE CITY $ 54,900.00 NACHES $ 33,500.00 SELAH $ 208,500.00 SUNNYSIDE $ 396,700.00 TIETON $ 12,300.00 TOPPENISH $ 118,100.00 UNION GAP $ 643,800.00 WAPATO $ 48,900.00 YAKIMA CITY $ 2,417,100.00 ZILLAH $ 65,100.00 WHITMAN COUNTY YAKIMA COUNTY I - 10August 16, 2022 Date: August 16, 2022 To: City Council From: Nathan West, City Manager Sarina Carrizosa, Finance Director Subject: Update on the Use of American Rescue Plan Act (ARPA) Funding Background / Analysis: The City has received the second portion of the American Rescue Plan Act (ARPA) funding. The total amount of funding received from ARPA funding amounts to $5,646,884. As a reminder these funds have restrictions and must be used within the guidelines for the four main categories of use: 1. For responding to the public health emergency/negative economic impacts 2. To offset revenue loss 3. To provide premium pay, and 4. To provide water, sewer and broadband infrastructure. These categories were outlined in more detail in the informational memo to Council in the June 15, 2021 packet. Since the first portion was received in June of 2021 the City has obligated a total of $3,142,000 leaving $2,504,844 from the ARPA funding available for use. The chart below details these obligations, including total amount allocated and a description of the use of funds. Summary: The City has received the second tranche of American Rescue Plan Act (ARPA) funding from the Office of Financial Management (OFM) in the amount of $2,823,442. This payment completed the $5,646,884 the City received from the ARPA funding. The purpose of this memo is to notify Council of the receipt of the remaining funding, provide Council with an update on ARPA obligations to-date and provide options for discussion and consideration on the use of these funds. Funding: All recommendations will be funded from the $5,646,884 received from the American Rescue Plan Act (ARPA). Recommendation: Staff requests that Council: 1) Consider remaining uses of the American Rescue Plan Act (ARPA) funding, and 2) Provide Staff direction to return any necessary items to Council at the next regularly scheduled Council meeting for the obligation of these funds. I - 11August 16, 2022 During previous discussions regarding the use of ARPA funding Staff provided Council options for allowable uses of these funds. Staff is once again recommending Council consider the use of ARPA funding for the following item: Responding to the Public Health Emergency/Negative Economic Impacts  Upgrades to the HVAC systems at City Hall, the Senior Center and the Fire Hall. Strategic Plan Issue of Critical Importance #3 – Capacity.  HVAC upgrades have been included in the unfunded section of the City’s Capital Facilities Plan (CFP) for a number of years due to the City’s inability to fund this critical and expensive infrastructure. In light of the pandemic and Obligated Program/Expense Total Obligation Use of Funds Development of Affordable Housing - $1,000,000 Total Obligation * Temporary Housing Coordinator $225,000 Staff member to address housing needs * Peninsula Housing Authority $250,000 To support affordable housing project known as Shane Place. * Habitat for Humanity $100,000 To help maintain, retain, and rehabilitate the community's existing housing stock. * Peninsula Behavioral Health $337,500 To support affordable housing through the acquisition/development of the All View Motel * Remaining Housing Obligation $87,500 Unallocated Temporary City Hall Attendant $194,000 Staff member to provide initial customer service interactions, direction and access Temporary Communication Position $194,000 Staff member to provide public communication regarding City business Temporary Project Manager $225,000 Staff member to address capital project backlog Pandemic expense reimbursement $100,000 Internal pandemic related personnel costs and supplies Past Due Utility Bill Relief $250,000 Assistance to utility customers that were financially impacted by the pandemic Public Meetings Technology $50,000 Technology purchase to allow hybrid meeting options Tourism/Travel Industry Support (Blackball Ferry) $500,000 Assistance to support operation of a key tourism industry including the Black Ball ship and dock maintenance ERP/Software Needs $133,900 Support of the City’s ERP replacement to allow better customer interactions and security Center for Inclusive Entrepreneurship $40,000 Promotion of post-pandemic small business support and development Olympic Peninsula YMCA $250,000 Construction of a new childcare facility specific for children 0-5 years of age Shore Metro Park District $98,700 Reduced fees and additional programs for childcare programs Boys and Girls Club of the Olympic Peninsula $106,400 Reduced Client fees and extended hours of operation for the childcare facility Total $3,142,000 I - 12August 16, 2022 the transition of employees and customers back to these facilities the upgrade of these systems will create a healthy and safe environment for anyone entering these facilities. Additionally, all three of these facilities serve as an Emergency facilities and therefore it is critical that the ventilation systems are in optimal working condition.  Costs for these upgrades are estimated below:  The Senior Center - $750,000  City Hall/The Vern Burton - $1,000,000  The Fire Hall - $250,000 Total costs for Staff’s recommended items are estimated at $2,000,000, which would leave a remainder of $504,844 for future considerations. Staff is requesting Council consider the recommendations presented in this memo regarding the use of the ARPA funding and provide Staff with further direction. It is necessary to obligate these funds to ensure the City will be able to implement and plan for the recommended services as soon as possible and to comply with the guidance on the funding uses to obligate the funds. Funding Overview: All recommendations will be funded from the $5,646,884 received as a result of the American Rescue Plan Act (ARPA). I - 13August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: 2022 Neighborhood Sewer Rehabilitation, CON-2022-25, Award Construction Contract Background / Analysis: This section of concrete sanitary sewer main was installed in 1956. High groundwater levels and failing concrete pipe joints create an environment favorable for groundwater and stormwater inflow and inundation (I&I). Flow meters installed in manholes downstream of this area have logged extremely high flows in this basin during storm events. Closed-Circuit Television Inspection (CCTV) has also confirmed erosion, open joints, cracks, and I&I. Other projects are currently in planning to address hydraulic capacity constraints on the West side of Port Angeles. Reducing I&I in this vicinity will help take pressure off these overburdened systems. Cure in Place Pipe (CIPP) will be used to rehabilitate 2,200 linear feet of sanitary sewer and will not require trenching or earthwork to complete. The CIPP liner will seal the pipe to prevent groundwater inundation, provide structure and strength to prevent failure, and prolong the life of this aging asset by 50- 60 years. In addition to the sanitary sewer line five (5) brick manholes along the alignment will be lined and restored to seal the wall and eliminate ground water inundation, increase strength, and improve safety. Access ladders will be replaced and all 20 inch diameter manhole covers will be upgraded with new 24 inch frames and covers for operations accessibility and safety. This section of the bid was additive but will be included as favorable bids were received within the available budget. Summary: The purpose of this memo is to receive City Council approval for a construction contract to rehabilitate 2,200 feet of 8 inch and 10 inch sanitary sewer main and 5 manholes in the vicinity of Shane Park. This concrete section of sanitary sewer was installed in 1956. Sanitary sewer manhole flow monitoring identified high levels of groundwater and stormwater inflow and infiltration (I&I) in this area. The project was advertised, and bids were opened August 3, 2022 Michels Corporation, of Salem, OR was the low responsive bidder in the amount of $182,331.40 for the Main bid and $28,288.00 for the Additive Bid. Total bid for both the Main and Additive bid equal $210,619.40 Funding: Funds are available in the 2022 Wastewater Capital Budget account 453-7488-594-6510 in the amount of $210,619.40. Recommendation: Approve and award a construction contract with Michels Corporation of Salem, OR for the 2022 Neighborhood Sewer Rehabilitation, Project CON-2022-25, for the total bid amount of $210,619.40, including taxes; and authorize the City Manager to sign and execute the construction contract and to make minor modifications to the Agreement if necessary. J - 1August 16, 2022 Notice of the bid opportunity was advertised through the Peninsula Daily News July 20, 2022, Builders Exchange of Washington July 20, 2022 and posted to the City website. On August 3, 2022, three bids were received and opened with Michels Corporation of Salem, OR has been determined to be the lowest responsive bidder, in the amount of $210,619.40. The engineer’s estimate for the work was $300,000. The total bid amounts, including taxes, are tabulated in the following table. Contractor Main Bid Additive Bid Total Bid Michels Corporation (Salem, OR) $182,331.40 $28,288.00 $210,619.40 Insituform Technologies, LLC (Chesterfield, MO) $249,246.66 $23,936.00 $273,182.66 Insta-Pipe Inc (Tumwater, WA) $274,310.91 $30,464.00 $304,774.91 Funding Overview: Funds are available in the 2022 Wastewater Capital Budget account 453-7488- 594-6510 in the amount of $210,619.40. J - 2August 16, 2022 Date: August 16, 2022 To: City Council From: Corey Delikat, Parks & Recreation Director Subject: Volunteer Field Turf Project PK-0220- Award Contract with Coast to Coast Turf Background / Analysis: In December of 2011, the City of Port Angeles was awarded a $350,000 Youth Athletic Field Grant (YAF) from the Recreation & Conservation Office (RCO). The twenty-five percent match for this grant was provided by a pledge from a local community member, whom wishes to remain anonymous, with the idea that additional funds would be raised for the $700,000 project. Again, because of private and public partnerships, we were able to raise the additional $337,500 for the Volunteer Field Turf Capital Project PK-0220. Funding in the amount of $120,000 is also being requested from the City’s and County’s Lodging Tax funds to complete this project. If funding cannot be obtained from either of these sources then Staff recommends the remaining amount be funded from REET, Funding is as follows: RCO Grant $350,000 City and County Lodging Tax (If approved) $120,000 City REET Fund (50K) & Similar Work Not Identified in Agreement (12,500) $62,500 Private and Community Donations and Olympic Junior Babe Ruth $167,500 Total $700,000 On April 26, 2022 the City of Port Angeles sent out a Request of Qualifications for synthetic field turf for scope, budget and design of the project. The City received two bids, one from Coast to Coast Turf from Seattle, WA and another from Hellas Construction, Inc. from Austin Texas. The City chose Coast to Summary: On April 26, 2022 the City of Port Angeles sent out a Request of Qualifications for synthetic field turf for scope, budget and design the Volunteer Field Turf project PK-0220. The City received two bids, one from Coast to Coast Turf from Seattle, WA and another from Hellas Construction, Inc. from Austin Texas. The City chose Coast to Coast because of the local Port Angeles team that will assist in the project and with the amount of time they put into their proposal. They have also done a similar project with the Lower Elwha Klallam Tribe and will be working with the Port Angeles School District on their Monroe Field project. Funding: This project was funded through public and private partnerships. RCO Grant $350,000 City and County Lodging Tax (If approved) $120,000 City REET Fund (50K) & Similar Work Not Identified in Agreement (12,500) $62,500 Private and Community Donations and Olympic Junior Babe Ruth $167,500 Total $700,000 Recommendation: Approve and authorize the City Manager to sign a contract with Coast to Coast Turf in the amount of $700,000 for the Volunteer Field Turf Project PK-0220 and; (2) allow any minor modifications to the contract if necessary. J - 3August 16, 2022 Coast because of the local Port Angeles team that will assist in the project and with the amount of time they put into their proposal. They have also done a similar project with the Lower Elwha Klallam Tribe and will be working with the Port Angeles School District on their Monroe Field project. Funding Overview: This project was funded through public and private partnerships. RCO Grant $350,000 City and County Lodging Tax (If approved) $120,000 City REET Fund (50K) & Similar Work Not Identified in Agreement (12,500) $62,500 Private and Community Donations and Olympic Junior Babe Ruth $167,500 Total $700,000 J - 4August 16, 2022 Page 1 of 10 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF PORT ANGELES AND Coast to Coast Turf PSA-2022-06 RELATING TO: VOLUNTEER PARK SYNTHETIC TURF FIELD DESIGN & INSTALLMENT THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and Coast to Coast Turf, a Washington corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires design, consultation and construction of synthetic turfing of the infield at Volunteer Baseball park. WHEREAS, the CITY desires to engage the professional services and assistance of a qualified General Contracting firm to perform the Scope of Services as detailed in Exhibit A; and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements; and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the work requested by the CITY in accordance with the standards of the profession; and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope The CONSULTANT will accomplish the work as described in scope of services attached in Exhibit A. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT’S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws existing at the time the services are performed. J - 5August 16, 2022 Page 2 of 10 The Scope of Services may be amended upon written approval of both parties. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all written and electronic documents, exhibits, CAD files, project plans, engineering reports, or other presentations of the work directed by the CITY in Exhibit A with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and written direction to proceed from CITY and the duration of the Agreement shall extend through 11/1/23. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A.Payment shall be based on the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the attached Exhibit C. B.The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C.The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D.The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E.Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. J - 6August 16, 2022 Page 3 of 10 F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed the maximum sum of $700,000. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $700,000. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the Scope of Service. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. Consultant shall not accept any employment or perform any services where there is, or reasonably could arise, a conflict between the interests of the City and the interests of any of CONSULTANT’S other clients. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, J - 7August 16, 2022 Page 4 of 10 B.The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. A.In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties (See Directed Services in Exhibit B, Project Budget). XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A.The CITY may terminate this Agreement at any time upon not less than ten (60) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B.In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C.In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and J - 8August 16, 2022 Page 5 of 10 received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV FORCE MAJEURE A.Definition. For the purposes of this Agreement, “Force Majeure” means an event which is beyond the reasonable control of a Party including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, 3) and delay caused by an act or omission of the other Party, and which makes a Party’s performance of its obligations under the Agreement impossible or so impractical as to be considered impossible under the circumstances B.No Breach of Agreement. The failure of a Party to fulfill any of its obligations under the Agreement shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Agreement, and has informed the other Party as soon as possible about the occurrence of such an event. C.Extension of Time. Any period within which a Party shall, pursuant to this Agreement, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. XV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. XVI INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, J - 9August 16, 2022 Page 6 of 10 representatives or employees. No Limitation. CONSULTANT’S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY’S recourse to any remedy available at law or in equity. A.MINIMUM SCOPE OF INSURANCE Consultant shall obtain insurance of the types described below: 1.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01. 2.Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap, independent contractors and personal injury and advertising injury. The CITY shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the CITY using as additional insured endorsement at least as broad as ISO endorsement CG 20 26. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B.MINIMUM AMOUNTS OF INSURANCE Consultant shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. C. OTHER INSURANCE PROVISION The CONSULTANT’S Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the CITY. Any Insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT’S insurance and shall not contribute with it. D.ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E.VERIFICATION OF COVERAGE J - 10August 16, 2022 Page 7 of 10 CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. F.NOTICE OF CANCELLATION The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two business days of their receipt of such notice. G.FAILURE TO MAINTAIN INSURANCE Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days’ notice to the CONSULTANT to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. H. CITY FULL AVAILABILITY OF CONSULTANT LIMITS If the CONSULTANT maintains higher insurance limits than the minimums shown above, the CITY shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether such limits maintained by the CONSULTANT are greater than those required by this Agreement or whether any certificate of insurance furnished to the CITY evidences limits of liability lower than those maintained by the CONSULTANT. XVII APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVIII CONFLICTS In the event there is any conflict between the terms and conditions contained in this AGREEMENT and the terms and conditions contained in Exhibit A or in any other document that is incorporated into or made a part of the contract between the CONSULTANT and the CITY, the terms and conditions of this AGREEMENT shall control. XIX EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A – Scope of Services Exhibit B – Budget Exhibit C – Consultant Time Plus Expense Rate Schedule J - 11August 16, 2022 Page 8 of 10 This Agreement is effective and binding as of the date for the last signature affixed below. [INSERT CONSULTANT] CITY OF PORT ANGELES By: Printed Name: By: Printed Name: Title: Title: Date: Date: APPROVED AS TO FORM: BY: CITY ATTORNEY ATTEST: BY: CITY CLERK J - 12August 16, 2022 Page 9 of 10 EXHIBIT A- SCOPE OF SERVICES Background In 2021 the City of Port Angeles was awarded a Recreation Conservation Office (RCO) state grant along with the pledged support of local to citizens to design and replace the infield, collars, and bullpens at Volunteer Field with synthetic turf. The city is moving forward with the design and construction of this space starting with the infield as Phase I and then the outfield as Phase II in future years. Scope of Service The scope of services for the design and construction of synthetic turf for Volunteer infield has (3)identified tasks. Task 1 - Design of the project Task 2 – Project Management, Construction Task 3 – Restoration/ Conclusion Task 1 – Design of the project Coast to Coast will be responsible for producing a 30%, 60%, 90% design for the project with an estimated cost of project upon submittal of 90% and final design. Design includes but are not limited to design of the proposed project, including field reconnaissance survey work report development including drawings and design for infield drainage system irrigation system Documents will be submitted at 90% and 100% review meeting with City staff that will include probable construction and permits costs that will be deemed necessary. Final plans and specifications will be stamped and signed by a professional engineer registered in Washington State. A Presentation to Port Angeles Parks, Recreation, & Beautification Commission as design becomes final J - 13August 16, 2022 Page 10 of 10 City Responsibilities: Communicate with Coast to Coast project manager as needed Provide all background information used to develop the 30% design. Review and provide direction on all design submittal and help to set project schedule once final design and project cost estimate is established. Assumption: Project will take 8 months from design to restoration. Task 2- Project Management / Construction Coast to Coast will be responsible for the management and coordination of the activities defined in this project. Secure and prepare work site Creation and Maintenance of the project schedule and project files Coordination and submittal with city staff for needed project permits Coordination with city staff to identify, schedule and manage volunteer portions of the project. Regularly scheduled construction site meetings Preparation of monthly invoices and status reports and punch list Management and coordination of all work crews on job site City Responsibilities: Coordinate between Coast to Coast and City Permit department Communicate with Coast to Coast project manager as needed Keep track of project calendar and facilitate and schedule with volunteer and/or Parks staff when called for. Task 3 – Restoration / Conclusion Oversee and submit for final inspections on permits and walkthrough by city staff Review with City Staff and submittal of final punch list and invoice J - 14August 16, 2022 EXHIBIT “B” BUDGET VOLUNTEER FIELD SYNTHETIC TURF FIELD DESIGN & INSTALLMENT PSA-2022-06 AGREED UPON SERVICES: TASK DESCRIPTION TASK BUDGET TASK 1 DESIGN OF PROJECT/SURVEY $60,000 TASK 2 PROJECT MANAGEMENT / CONSTRUCTION $621,500 TASK 3 RESTORATION / CONCLUSION $6,000 Directed Services SIMILAR WORK NOT IDENTIFIED IN AGREEMENT $12,500 TOTAL BUDGET FOR INFIELD $700,000 OPTIONAL ADDITIONAL SERVICES NOT INCLUDED IN ABOVE BUT POSSIBLE IF UNDER $700,000 BUDGET: TASK A BATTING CAGE & BULLPENS TURF - NEW CURBS, SUBSURFACE DRAINAGE, PERMEABLE AGGREGATES & SYNTHETIC TURF UTILIZING EXISTING FENCING $102,000 TASK B FIELD EXCAVATION TO SUBGRADE AT INFIELD (if not completed by volunteers) $53,500 TASK C BACKSTOP REPLACEMENT $73,000 TASK D DUGOUT REPLACEMENT $47,500 TASK E BULLPEN BACKSTOP $8,000 TASK F NEW BATTING CAGE TUNNELS & FENCED ENCLOSURE $62,000 TASK G FIELD EXCAVATION TO SUBGRADE AT OUTFIELD $105,500 TASK H OUTFIELD DRAINAGE LATERAL AT RIGHT CENTER FIELD TO ADDRESS STANDING WATER – 215 LF $4,000 TASK I SUBSURFACE DRAINAGE, IRRIGATION, 6” BASE SAND, 3” ROOT ZONE MIX & SOD $670,000 J - 15August 16, 2022 TASK 2 - SCOPE OF WORK VOLUNTEER FIELD SYNTHETIC TURF FIELD DESIGN & INSTALLMENT PSA-2022-06 1.Mobilize to the jobsite. 2.Secure site and erosion control. 3.Establish subgrade at infield after volunteers remove sod and soils. 4.Subsurface drainage at infield. 8” perforated N-12 collector and 4” perforated single wall laterals. (15’ O.C.) 5.Storm drain connection to storm garden (253 LF). 6.Storm garden 12’ wide x 60’ long, 1.5’ deep. 7.Storm drain overflow from storm garden across parking lot and daylighting at west edge of the property (114 LF). 8.Mirafi 140N at subgrade. 9.6” permeable aggregate base course at infield. 10.2” permeable aggregate top course at infield. 11.Concrete curbs at infield perimeter. Double 2x6 turf anchor at infield/outfield transition. 12.Synthetic turf at infield. 13.Home plate, pitching rubber and bases. End of Exhibit B J - 16August 16, 2022 EXHIBIT “C” FEE RATE SCHEDULE VOLUNTEER FIELD SYNTHETIC TURF FIELD DESIGN & INSTALLMENT PSA-2022-06 STAFF NAME CLASSIFICATION TOTAL HOURLY BILLING RATE Derrick Eberle LANDSCAPE ARCHITECT $130 Seth Rodman CIVIL ENGINEER $150 Scott Harksell PRINCIPAL SURVEYOR $100 SURVEY TECH OFFICE $80 2-PERSON FIELD CREW $175 Dave Rice GENERAL CONTRACTOR / PM $115 GENERAL LABORER $70.64 BACKHOE/DOZER/TRACKHOE/TRENCHER OPERATOR $93.04 ROLLER/SKIDSTEER OPERATOR $89.06 TRUCK DRIVER $87.91 CARPENTER $87.83 CEMENT FINISHER $86.22 FOREMAN-CARPENTER $91.61 FOREMAN-CEMENT FINISHER $90.00 Steve Webb PROJECT MANAGER $115 SOFT FLOOR LAYER $54.41 End of Exhibit C J - 17August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas A. Hunter, Director of Public Works & Utilities Subject: Electrical Dock Crew CON-2022-49 Contract Award Background / Analysis: The City does not currently have enough electrical line crew staff to keep up with workloads and safely perform all necessary work in-house. Staffing vacancies have been a problem for the past few years and while the City is actively recruiting for vacant lineman positions, because of a general shortage of electrical utility linemen the City cannot forecast the length of time it will take to hire and retain multiple qualified lineman staff members. Because the City does not have enough linemen on staff, work has been delayed and backlogs of maintenance and repair jobs, and new customer connect jobs have developed. To staff crews during emergency events and outages, the City has relied on aid from Clallam and Jefferson PUDs. In order to address the lineman staffing shortage, the City solicited electrical contracting firms through public advertisement to submit statements of qualifications and proposals for augmenting the City’s electrical line crews and providing additional line construction related services. The request solicited contractors with the skill, experience, equipment, and training to perform electrical line work accordance with City construction standards and work practices, WAC 296-45, OSHA, National Electrical Safety Code (NESC), and National Electrical Code (NEC) as adopted by the State of Washington and City Ordinance. Four firms submitted qualifications and were rated for qualification and value by staff. Those firms were • Wilson Construction Company of Canby, OR • Northwest Utility Services, LLC of Pacific, WA • Henkels & McCoy Inc of Portland, OR • Olympic Electric Company of Port Angeles, WA Summary: Following a competitive process, staff recommends that Olympic Electric Company of Port Angeles be awarded a contract to assist the City’s electrical workforce in maintenance and repair, operations resources during peak workloads, emergency storm restoration, and other electrical related services as needed for the City’s electrical utility. This contract will provide emergency coverage, backup and much needed relief for existing staff. Funding: This contract will be funded using Electric Utility savings and excess reserves from un-filled linemen positions from past and current years. Recommendation: Approve and award the Electrical Dock Crew Services Agreement with an amount not to exceed $1,900,000 over a 12-month period to Olympic Electric Company of Port Angeles, WA; and authorize the City Manager to sign and make minor modifications to the agreement, if necessary. J - 18August 16, 2022 The firms were evaluated based on the following criteria: • Staffing – Primary staff and qualifications as well as proposed time commitments; • Scope of Work – Demonstration of understanding of scope objectives; • Costs – Hourly, Weekly, and Monthly costs to the City; and • References. All four firms demonstrated substantial qualifications, and Olympic Electric Company was selected as the best qualified for this contract. The evaluated rankings of the responding firms in order of highest to lowest are: 1) Olympic Electric 2) Northwest Utility Services 3) Wilson Construction 4) Henkels & McCoy Funding Overview: This contract will be funded using Electric Utility savings and excess reserves from un-filled linemen positions from past and current years. It is requested that the City enter into a service contract for an Electrical Dock Crew with Olympic Electric Company of Port Angeles, WA, at a not to exceed amount of $1,900,000 over a 12-month period. J - 19August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas Hunter, Director of Public Works and Utilities Subject: Equipment Purchase – Replacement of Street Division 5yd Sander Background / Analysis: The Street Division Swenson Sand Spreader is over 16 years old and has reached the end of its useful service life. This unit was purchased used in 2006 and after years of service the metal of the hopper and chain trough have deteriorated to the point of failure. The cost of a complete rebuild is not economically feasible. The upgrade to a dual auger, stainless steel unit is recommended. The new sander unit would be identical to a previously purchased unit, continuing City Fleet efforts to standardize the City Fleet. ICE Justification: The current infrastructure and resources cannot support a non-internal combustion engine (ICE) purchase of this type of equipment at this time. Summary: The 2022 budget includes funds to procure a new Street Division 5yd Sanding unit. Through the City’s membership with the Washington State Purchasing Cooperative (WSPC), the replacement vehicle is available for purchase from The Fab Shop of Edgewood, Washington, for the amount of $47,500. Funding: Pricing from the Washington State Purchasing Cooperative (WSPC) contract is summarized below: WSPC Bid Purchase Contract (WSPC Bid Prices Include Sales Tax) New Vehicle Type Vehicle Budget State Bid Accessories Replacing Vehicle 2022 Henderson Dual Auger Sand Spreader $47,500.00 $46,750.00 $750.00 Swenson Sand Spreader Total Cost $47,500.00 The 2022 Equipment Services Capital Budget (501-7630-594-6410) includes $25,000.00 for the purchase of a new Henderson Sander. A Budget Amendment to the Street fund in the amount of $21,750.00 will be required to complete this purchase. Recommendation: 1. Approve the purchase of a new Street Division Sand Spreader and authorize the City Manager to sign a purchase contract for sand spreader 2. Approve and authorize the City Manager to make minor modifications to the purchase contract if necessary. 3. Approve and authorize the City Manager to surplus the Swenson Sand Spreader, once the new Sander is placed into service. J - 20August 16, 2022 Funding Overview: The 2022 Equipment Services Capital Budget (501-7630-594-6410) includes $25,000.00 for the purchase of a new Henderson Sander. A Budget Amendment to the Street fund in the amount of $21,750.00 will be required to complete this purchase. J - 21August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas Hunter, Director of Public Works and Utilities Subject: Equipment Purchase – Replacement of Street Division Vehicle #1568 Background / Analysis: The Street Division vehicle #1568 is 20 years old and has over 4500 hours of operation. It is necessary to replace #1568 as it has reached the end of its useful service life. This unit is the primary vehicle used by the Street Division to deliver hot asphalt mix (approx. 300 degrees fahrenheit) to the paving jobsite. It has the ability, through a propane heating system, to keep the asphalt mix hot and useable throughout the day. This feature allows the Street Division to repave multiple repair sites in a day’s time. In the winter when hot mix is unavailable, it is utilized to carry cold mix for repairing potholes. Its onboard auger system allows for a precise volume of mix, to facilitate proper repairs. ICE Justification: The current infrastructure and resources cannot support a non-internal combustion engine (ICE) purchase of this type of equipment at this time. Summary: The 2022 budget includes funds to procure a new Street Division Hot Asphalt Distribution Truck. Through the City’s membership with the Sourcewell Purchasing Coop, the required replacement vehicle is available for purchase from MetroQuip of Boise, Idaho. Funding: This vehicle purchase and replacement is identified in the 2022 budget and is included in the 2022 Capital Facilities Plan. Pricing from the Sourcewell Cooperative contract is summarized below: WSPC Bid Purchase Contract (Sourcewell bid does not include tax) New Vehicle Type Vehicle Budget Sourcewell Bid Accessories & Tax Replacing Vehicle Freightliner/ Thermolay Hot Asphalt Truck $255,300.00 $232,098.70 $23,201.30 #1568, 2002 Freightliner/Thermolay Hot Asphalt Truck Total Cost $255,300.00 Recommendation: 1. Approve the purchase and outfitting of a Street Division Hot Asphalt Truck from MetroQuip of Boise, Idaho for $255.300,.and authorize the City Manager to sign a purchase contract. 2. Approve and authorize the City Manager to make minor modifications to the purchase contract if necessary. 3. Approve and authorize the City Manager to surplus vehicle #1568, once the new vehicle is placed into service. J - 22August 16, 2022 Funding Overview: The 2022 budget includes $255,300.00 for the purchase of a new Street Division Hot Asphalt Truck, including applicable tax and accessories. J - 23August 16, 2022 Date: August 16, 2022 To: City Council From: Thomas Hunter, Director of Public Works & Utilities Subject: ChargePoint Master Agreement Background / Analysis: Port Angeles was awarded a grant from the Washington State Department of Ecology to install electric vehicle charging stations at City Hall for use by the City and the public. The City Council approved the grant at the March 17, 2020 meeting. The EV chargers are intended to be self-sustaining with revenues earned from the chargers covering the costs to operate the chargers. The rate structure developed between Finance and Public Works mirrors the rate structure of most surrounding EV charging stations in Port Angeles. Revenues will be obtained by charging a rate-per-hour of use with added charges after three hours to send a price-point signal to move parked cars and free up space for other customers. The chargers will be available for fleet, city employees, and public electric vehicles. ChargePoint will handle all payments and remit net revenues to the City. Port Angeles completed installation of the chargers in June 2022. The charger software is a key component of the EV chargers used for secure network connection, on-going station software updates, station inventory, 24x7 driver support, host support, session data and analytics, fleet vehicle management and integration, fleet access control, valet dashboard, power management (circuit, panel, site sharing), scheduled charging, driver access control, pricing, and automatic funds collection, wait list, and videos (on supported hardware). Without the software the EV chargers will not operate. Funding Overview: Funding in the amount of $4,230 is in the approved grant for a three-year agreement term. Summary: The purpose of this memo is to receive City Council approval for the agreement used by the ChargePoint Electric Vehicle (EV) charging stations. The software and services are utilized for customer transactions, billing, and reports for the EV charging stations located at City Hall. Funding: Funding in the amount of $4,230 is in the approved grant for a three-year agreement term. Recommendation: Authorize the City Manager to execute the ChargePoint Master Agreement and to make minor modifications as needed. J - 24August 16, 2022 Revised 8.5.19 CHARGEPOINT® MASTER SERVICES AND SUBSCRIPTION AGREEMENT IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU OR THE CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY YOU REPRESENT (“SUBSCRIBER”) AND CHARGEPOINT, INC., A DELAWARE CORPORATION (“CPI”). PLEASE READ IT CAREFULLY. BY USING ANY OF THE CHARGEPOINT SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY CHARGEPOINT SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR OTHER LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY MAY NOT USE THE CHARGEPOINT SERVICES. 1. AGREEMENT. 1.1 SCOPE OF AGREEMENT. This Agreement governs the following activities: (a) Provisioning of Subscriber’s Charging Station(s), if any, on ChargePoint; (b) Activation and use of the ChargePoint Services on Subscriber’s Charging Station(s), if any; (c) Subscriber’s use of the APIs as part of the ChargePoint Services; (d) Each grant of Rights by Subscriber; and (e) Each grant of Rights by a third party to Subscriber. 1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policy, as amended from time to time, and the following Exhibits, which are made a part of, and are hereby incorporated into, this Agreement by reference. Exhibit 1: Flex Billing Terms Exhibit 2: API Terms Exhibit 3: Terms Regarding Granting and Receipt of Rights In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy Policy or any Exhibit on the other hand, this Agreement shall govern. Capitalized terms not otherwise defined in any Exhibit or the Privacy Policy shall have the same meaning as in this Agreement. 2. DEFINITIONS. The following terms shall have the definitions set forth below when used in this Agreement: 2.1 “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of fifty percent (50%) or more of the voting interests of the subject entity. 2.2 "APIs" means, individually or collectively, the application programming interfaces which are made available to Subscriber from time to time, as and when updated by CPI. 2.3 “ChargePoint Connections” shall have the meaning ascribed to it in the applicable data sheet. The term ChargePoint Connections shall also mean any successor service provided by CPI. J - 25August 16, 2022 Page 2 of 19 Revised 8.5.19 2.4 “ChargePoint®” means the open-platform network of electric vehicle charging stations and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as defined below) in order to provide various services to, among others, Subscriber and its employees. 2.5 “ChargePoint Services” means, collectively, the various cloud services offerings (including, without limitation, APIs and application Cloud Plans) made available for subscription by CPI. 2.6 “ChargePoint Application” means any of the applications established and maintained by CPI which will allow Subscriber to access ChargePoint Services. 2.7 “Charging Station” means the electric vehicle charging station(s) purchased by Subscriber, whether manufactured by CPI or by a CPI authorized entity, which are registered and activated on ChargePoint. 2.8 "Content" means all data collected or maintained by CPI in connection with the operation of ChargePoint. 2.9 “CPI Marks” means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used in connection with ChargePoint and/or CPI manufactured Charging Stations, including without limitation, ChargePoint. 2.10 “CPI Property” means (i) ChargePoint, (ii) the ChargePoint Services (including all Content), (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and ChargePoint Services, (iv) the CPI Marks, (v) the ChargePoint Cards, and (vi) all other CPI-supplied material developed or provided by CPI for Subscriber use in connection with the ChargePoint Services. 2.11 “Documentation” means written information (whether contained in user or technical manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or ChargePoint and made available from time to time by CPI to Subscriber in any manner (including on-line). 2.12 “Effective Date” means the earlier of (a) the date that Subscriber electronically accepts this Agreement, or (b) the date of Subscriber’s first use of the ChargePoint Services. 2.13 “Intellectual Property Rights” means all intellectual property rights, including, without limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names, service marks, service mark applications, copyrights, copyright applications, franchises, licenses, inventories, know-how, trade secrets, Subscriber lists, proprietary processes and formulae, all source and object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools and all documentation and media constituting, describing or relating to the above, including, without limitation, manuals, memoranda and records. 2.14 “Malicious Code” means viruses, worms, time bombs, Trojan horses and all other forms of malicious code, including without limitation, malware, spyware, files, scripts, agents or programs. 2.15 “Party” means each of CPI and Subscriber. 2.16 “PII” means personally identifiable information regarding Subscriber or a User (e.g., name, address, email address, phone number or credit card number) that can be used to uniquely identify, contact or locate Subscriber or such User. 2.17 “Provisioning” means activating Charging Stations, warrantees and Cloud Plans on ChargePoint 2.18 “Rights” means the rights, authorizations, privileges, actions, information and settings within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee, to enable such Rights Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information available therein in the course of providing services to or on behalf of such Rights Grantor in connection J - 26August 16, 2022 Page 3 of 19 Revised 8.5.19 with one or more of the Rights Grantor’s Charging Stations. A Rights Grantor shall be deemed to have granted Rights to the entity that will be responsible for creating Subscriber’s account and Provisioning Subscriber’s Charging Stations. Such deemed grant may be terminated by Subscriber at any time. 2.19 “Cloud Plan(s)” means subscription plans to the ChargePoint Services which are offered and sold by CPI from time to time, which vary according to their features, privileges and pricing. 2.20 “Subscriber Content and Services” means any content and/or services that a Subscriber provides or makes available to Users and/or the general public in connection with the ChargePoint Services, other than Content, ChargePoint Services and CPI Property. 2.21 “Subscriber Marks” means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used by Subscriber in connection with its business and/or Charging Stations. 2.22 “Subscription Fees” means the fees payable by Subscriber for subscribing to any ChargePoint Services. 2.23 “Taxes” shall mean all present and future taxes, imposts, levies, assessments, duties or charges of whatsoever nature including without limitation any withholding taxes, sales taxes, use taxes, service taxes, value added or similar taxes at the rate applicable for the time being imposed by any national or local government, taxing authority, regulatory agency or other entity together with any penalty payable in connection with any failure to pay or any delay in paying any of the same and any interest thereon. 2.24 “Token(s)” means the serialized proof of purchase of a Cloud Plan that is used by CPI in connection with enabling Services and/or provisioning Charging Stations. 2.25 “User” means any person using a Charging Station. 3. AVAILABLE CHARGEPOINT SERVICES & CLOUD PLANS. A description of the various ChargePoint Services and Cloud Plans currently available for subscription is located on the CPI website. CPI may make other ChargePoint Services and/or Cloud Plans available from time to time, and may amend the features or benefits offered with respect to any ChargePoint Service or Cloud Plan at any time and from time to time. Subscription Fees are based on Subscriber’s choice of Cloud Plan and not on actual usage of the Subscription. 4. CPI’S RESPONSIBILITIES AND AGREEMENTS. 4.1 OPERATION OF CHARGEPOINT. CPI agrees to provide and shall be solely responsible for: (i) provisioning and operating, maintaining, administering and supporting ChargePoint and related infrastructure (other than Subscriber’s Charging Stations and infrastructure for transmitting data from Charging Stations to any ChargePoint operations center); (ii) provisioning and operating, maintaining, administering and supporting the ChargePoint Applications; and (iii) operating ChargePoint in compliance with all applicable laws. CPI will protect the confidentiality and security of PII in accordance with all applicable laws and regulations and the CPI Privacy Policy and acknowledges that it is responsible for the security of “cardholder data” (as that term is defined for purposes of the Payment Card Industry – Data Security Standards), if any, that CPI possesses, otherwise stores, processes or transmits on behalf of Subscriber or for any impact, if any, on the security of Subscriber’s cardholder data environment. 4.2 LIMITATIONS ON RESPONSIBILITY. CPI shall not be responsible for, and makes no representation or warranty with respect to the following: (i) specific location(s) or number of Charging Stations now, or in the future, owned, operated and/or installed by persons other than Subscriber, or the total number of Charging Stations that comprise ChargePoint; (ii) continuous availability of electrical service to any of Subscriber’s Charging Stations; (iii) continuous availability of any wireless or cellular J - 27August 16, 2022 Page 4 of 19 Revised 8.5.19 communications network or Internet service provider network necessary for the continued operation by CPI of ChargePoint; (iv) availability of or interruption of the ChargePoint Network attributable to unauthorized intrusions; and/or (v) charging stations that are not registered with and activated on the ChargePoint Network. 5. SUBSCRIBER’S RESPONSIBILITIES AND AGREEMENTS. 5.1 GENERAL. (a) All use of ChargePoint and ChargePoint Services by Subscriber, its employees and agents and its grantees of Rights shall comply with this Agreement and all of the rules, limitations and policies of CPI set forth in the Documentation. All ChargePoint Services account details, passwords, keys, etc. are granted to Subscriber solely for Subscriber’s own use (and the use of its grantees of Rights), and Subscriber shall keep all such items secure and confidential. Subscriber shall prevent, and shall be fully liable to CPI for, any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber’s Charging Stations, ChargePoint Services account(s) or other equipment. Subscriber shall immediately notify CPI upon becoming aware of any such unauthorized use. (b) Subscriber shall be solely responsible for: (i) Provisioning of its Charging Stations, if any; (ii) keeping Subscriber’s contact information, email address for the receipt of notices hereunder, and billing address for invoices both accurate and up to date; (iii) updating on the applicable ChargePoint Application, within five (5) business days, the location to which any of Subscriber’s Charging Stations are moved; (iv) the maintenance, service, repair and/or replacement of Subscriber’s Charging Stations as needed, including informing CPI of the existence of any Charging Stations that are non-operational and not intended to be replaced or repaired by Subscriber; and (v) compliance with all applicable laws. (c) Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange for such Users connecting with Subscriber using ChargePoint Connections. 5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and warrants to CPI that: (i) it has the power and authority to enter into and be bound by this Agreement and shall have the power and authority to install the Charging Stations and any other electrical vehicle charging products which are registered and activated on the ChargePoint Network); (ii) the electrical usage to be consumed by Subscriber’s Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; and (iii) it has not installed or attached and will not install or attach Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way. 5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, in CPI's sole discretion, to obtain CPI-provisioned radio-frequency identification cards ("ChargePoint Cards") which enable the individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint Cards to individuals, and each individual ChargePoint Card recipient is responsible for activating his or her ChargePoint Card on ChargePoint directly with CPI on the CPI web site. In no event will Subscriber create any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will Subscriber create anonymous ChargePoint accounts associated with any ChargePoint Card. 5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not: (a) sell, resell, license, rent, lease or otherwise transfer the ChargePoint Services or any Content therein to any third party; J - 28August 16, 2022 Page 5 of 19 Revised 8.5.19 (b) interfere with or disrupt the ChargePoint Services, servers, or networks connected to the ChargePoint Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the ChargePoint Services; (c) restrict or inhibit any other user from using and enjoying the ChargePoint Services or any other CPI services; (d) attempt to gain unauthorized access to the ChargePoint Network or the ChargePoint Services or related systems or networks or any data contained therein, or access or use ChargePoint or ChargePoint Services through any technology or means other than those provided or expressly authorized by CPI; (e) create any ChargePoint Services user account by automated means or under false or fraudulent pretenses, or impersonate another person or entity on ChargePoint, or obtain or attempt to obtain multiple keys for the same URL; (f) reverse engineer, decompile or otherwise attempt to extract the source code of the ChargePoint Services or any part thereof, or any Charging Station, except to the extent expressly permitted or required by applicable law; (g) create derivative works based on any CPI Property; (h) remove, conceal or cover the CPI Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Charging Stations or any peripheral equipment for use in connection with Subscriber’s Charging Stations; (i) except as otherwise expressly permitted by this Agreement or in any applicable data sheet relating to a ChargePoint Service, copy, frame or mirror any part of the ChargePoint Services or ChargePoint Content, other than copying or framing on Subscriber’s own intranets or otherwise solely for Subscriber’s own internal business use and purposes; (j) access ChargePoint, any ChargePoint Application or the ChargePoint Services for the purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose, or for any improper purpose whatsoever, including, without limitation, in order to build a competitive product or service or copy any features, functions, interface, graphics or “look and feel;” (k) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ChargePoint Services or Content or collect information about ChargePoint users for any unauthorized purpose; (l) upload, transmit or introduce any Malicious Code to ChargePoint or ChargePoint Services; (m) use any of the ChargePoint Services if Subscriber is a person barred from such use under the laws of the United States or of any other jurisdiction; or (n) use the ChargePoint Services to upload, post, display, transmit or otherwise make available (A) any inappropriate, defamatory, obscene, or unlawful content; (B) any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party; (C) any messages, communication or other content that promotes pyramid schemes, chain letters, constitutes disruptive commercial messages or advertisements, or is prohibited by applicable law, the Agreement or the Documentation. J - 29August 16, 2022 Page 6 of 19 Revised 8.5.19 5.5 CONTENT. (a) ChargePoint Content (including but not limited to Charging Station data and status) is provided for planning purposes only. Subscriber may find that various events may mean actual Charging Station conditions (such as availability or pricing) differ from what is set forth in the Content. In addition, certain Charging Station-related Content, including Charging Station name and use restrictions, is set by the Charging Station owner and is not verified by CPI. Subscriber should exercise judgment in Subscriber’s use of the Content. (b) Certain Content may be provided under license from third parties and is subject to copyright and other intellectual property rights of such third parties. Subscriber may be held liable for any unauthorized copying or disclosure of such third party-supplied Content. Subscriber’s use of such Content may be subject to additional restrictions set forth in the Documentation. (c) Subscriber shall not copy, modify, alter, translate, amend, or publicly display any of the Content except as expressly permitted by the Documentation. Subscriber shall not present any portion of the Content in any manner, that would (i) make such Content false, inaccurate or misleading, (ii) falsify or delete any author attributions or labels of the origin or source of Content, or (iii) indicate or suggest that the Charging Station locations provided as part of the Content are anything other than ChargePoint® Network Charging Stations. (d) Subscriber shall not remove, obscure, or alter in any manner any proprietary rights notices (including copyright and trademark notices), warnings, links or other notifications that appear in the ChargePoint Service. 6. SUBSCRIPTION FEES AND PAYMENT TERMS. 6.1 SUBSCRIPTION FEES. Subscriber shall pay all Subscription Fees within thirty (30) days of its receipt of CPI’s invoice. All payments shall be made in U.S. Dollars by check, wire transfer, ACH payment system or other means approved by CPI. Customer may not offset any amounts due to CPI hereunder against amounts due to Customer under this Agreement or any other agreement. Subscription fees payable to CPI do not include any Taxes imposed thereon, and Subscriber is responsible for any and all such Taxes. All such Taxes shall be set forth on the invoice provided by CPI to Subscriber; provided that, CPI’s failure to include any such Tax on an invoice shall not relieve Subscriber’s liability therefor. Except as otherwise set forth in this Agreement, all payment obligations under this Agreement are non- cancelable and non-refundable. 6.2 LATE PAYMENTS. Late payments shall be subject to a charge equal to the lesser of (i) one and one-half percent (1.5%) per month or (ii) the maximum rate permitted by law. Subscriber will reimburse CPI for attorneys’ fees and other expenses reasonably incurred by CPI in the collection of any late payments. If any amount owing by Subscriber under this Agreement is more than thirty (30) days overdue, CPI may, without otherwise limiting CPI’s rights or remedies, (a) terminate this Agreement, (b) suspend the use by Subscriber of the ChargePoint Services until such amounts are paid in full, and/or (c) condition future ChargePoint Service renewals and other Subscriber purchases on payment terms other than those set forth herein; provided that CPI shall not exercise any such rights if Subscriber has reasonably disputed such charges and is cooperating diligently in good faith to resolve the dispute. 7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES. 7.1 CPI PROPERTY. As between CPI and Subscriber, CPI retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to the CPI Property and any J - 30August 16, 2022 Page 7 of 19 Revised 8.5.19 improvements thereto. No rights are granted to Subscriber in the CPI Property hereunder except as expressly set forth in this Agreement. 7.2 SUBSCRIBER PROPERTY. As between CPI and Subscriber, Subscriber retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to (i) all Subscriber Marks and (ii) all Subscriber Content and Services (collectively, the “Subscriber Property”). No rights are granted to CPI in the Subscriber Property hereunder except as expressly set forth in this Agreement. 7.3 LIMITED LICENSE TO SUBSCRIBER. CPI hereby grants to Subscriber a royalty-free, non- assignable, non-transferable, and non-exclusive license to use the CPI Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for Subscriber to access, use and receive the ChargePoint Services as permitted herein. 7.4 LIMITED LICENSE TO CPI. Subscriber hereby grants to CPI a non-assignable, non- transferable, and non-exclusive license to use the Subscriber Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for CPI to provide the ChargePoint Services. CPI may utilize the Subscriber Marks to advertise that Subscriber is using the ChargePoint Services. The foregoing license includes a perpetual and irrevocable right of CPI to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute all Subscriber Content and Services submitted, posted or displayed by Subscriber in the ChargePoint Services, solely for the purpose of enabling CPI to operate, market and promote the ChargePoint Services, and to index and serve such Subscriber Content and Services as search results through ChargePoint Services. CPI shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber or Subscriber Rights Grantees relating to the ChargePoint Services. 7.5 ADDITIONAL TERMS REGARDING CPI MARKS. (a) USE LIMITATIONS. Subscriber shall display the CPI Marks in connection with Subscriber Charging Stations as required in this Agreement during the term of Subscriber’s Cloud Plan. Subscriber shall not use any of the CPI Marks for or with any products other than its Charging Stations. From time to time, CPI may provide updated CPI Mark usage guidelines on the ChargePoint Application or elsewhere in the Documentation, and Subscriber shall thereafter comply with such updated guidelines. For any use of the CPI Mark not authorized by such guidelines, or if no such guidelines are provided, then for each initial use of the CPI Mark, Subscriber must obtain CPI’s prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Subscriber may use the CPI Mark in the approved manner. All use by Subscriber of CPI's Marks (including any goodwill associated therewith) will inure to the benefit of CPI. (b) PROHIBITIONS. Subscriber shall not use or display any CPI Mark (or any likeness of a CPI Mark): (i) as a part of the name under which Subscriber’s business is conducted or in connection with the name of a business of Subscriber or its Affiliates; (ii) in any manner that (x) implies a relationship or affiliation with CPI other than as described under the Agreement, (y) implies any sponsorship or endorsement by CPI, or (z) can be reasonably interpreted to suggest that any Subscriber Content and Services has been authored by, or represents the views or opinions of CPI or CPI personnel; J - 31August 16, 2022 Page 8 of 19 Revised 8.5.19 (iii) in any manner intended to disparage CPI, ChargePoint, or the ChargePoint Services, or in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to CPI; (iv) in any manner that violates any law or regulation; or (v) that is distorted or altered in any way (including squeezing, stretching, inverting, discoloring, etc.) from the original form provided by CPI. (c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly, register or apply for, or cause to be registered or applied for, any CPI Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially or confusingly similar to a CPI Mark, patent, trademark, service mark, copyright, trade name, domain name or registered design of CPI, or that is licensed to, connected with or derived from confidential, material or proprietary information imparted to or licensed to Subscriber by CPI. At no time will Subscriber challenge or assist others to challenge the CPI Marks (except to the extent such restriction is prohibited by law) or the registration thereof by CPI. (d) TERMINATION AND CESSATION OF USE OF CPI MARKS. Upon termination of this Agreement, Subscriber will immediately discontinue all use and display of all CPI Marks. 8. LIMITATIONS OF LIABILITY. 8.1 DISCLAIMER OF WARRANTIES. CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR SUBSCRIBER’S USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CPI DOES NOT WARRANT THAT (A) SUBSCRIBER’S USE OF THE CHARGEPOINT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER’S REQUIREMENTS; (B) ALL CONTENT AND OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. ALL CONTENT OBTAINED THROUGH THE CHARGEPOINT SERVICES IS OBTAINED AT SUBSCRIBER’S OWN DISCRETION AND RISK, AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. 8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS AGREEMENT, A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. 8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (i) electrical outages, power surges, brown-outs, utility load management or any other similar electrical service interruptions, whatever the cause; (ii) interruptions in wireless or cellular service linking Charging Stations to ChargePoint; (iii) interruptions attributable to unauthorized ChargePoint Network intrusions; (iv) interruptions in services provided by any Internet service provider not affiliated with CPI; or (v) the J - 32August 16, 2022 Page 9 of 19 Revised 8.5.19 inability of a Charging Station to access ChargePoint as a result of any change in product offerings (including, without limitation, the any network upgrade or introduction of any “next generation” services) by any wireless or cellular carrier. This includes the loss of data resulting from such electrical, wireless, cellular or Internet service interruptions. 8.4 LIMITATION OF LIABILITY. CPI’s aggregate liability under this Agreement shall not exceed aggregate Subscription Fees paid by Subscriber to CPI in the twelve (12) calendar months prior to the event giving rise to the liability. 8.5 CELLULAR CARRIER LIABILITY. IN ORDER TO DELIVER THE CHARGEPONT SERVICES, CPI HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS (THE “UNDERLYING CARRIER”). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING CARRIER AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CPI AND THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH USE, FAILURE TO USE, OR INABILITY TO USE THE WIRELESS SERVICES EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT. SUBSCRIBER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED. SUBSCRIBER UNDERSTANDS THAT CPI AND THE UNDERLYING CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CHARGEPOINT SERVICES. 8.6 ADDITIONAL RIGHTS. BECAUSE SOME STATES OR JURISDICITONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE DISCLAIMER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION 8, ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY; PROVIDED THAT, IN SUCH INSTANCES, CPI’S LIABILTY AND/OR IMPLIED WARRANTIES GRANTED IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 9. TERM, RENEWAL AND TERMINATION. 9.1 TERM OF AGREEMENT. This Agreement shall become effective on the Effective Date and shall continue until the expiration of all of Subscriber’s Cloud Plans. 9.2 CLOUD PLAN TERM. Each Cloud Plan acquired by Subscriber shall commence as follows: Each Cloud Plan acquired for use with a new Charging Station will commence on the earlier to occur of (i) the date of Provisioning such new Charging Station, or (ii) one year from the date the Token(s) necessary for Provisioning such new Charging Station is made available to Subscriber or its installer. Upon expiration of the original term, this Agreement will renew automatically for successive one-year terms at the list price applicable thereto, subject to increases (not to exceed 5% annually) and Subscriber’s right to terminate below Should the renewal be cancelled and subsequently be requested to be reinstated by Subscriber, reinstatement will be subject to the payment of Subscription Fees for any lapse period plus reasonable reinstatement fee. If, however, at any time after the original term Subscriber wishes to terminate a Cloud Plan that has been automatically renewed, Subscriber may do so by providing CPI thirty (30) days’ written notice of cancellation and CPI will issue Subscriber a pro-rata refund of any funds paid for periods from the effective date of cancellation to the end of the auto-renewed term. Renewals of Cloud Plans will commence on the date of the expiration of the Subscription being renewed. All other Cloud Plans will commence on the date of activation of such Cloud Plans, but in no event more than one J - 33August 16, 2022 Page 10 of 19 Revised 8.5.19 year after the date the Token(s) necessary for such activation is made available to Subscriber. Each Subscriber Cloud Plan shall continue for the applicable duration thereof, unless this Agreement is terminated earlier in accordance with its terms. 9.3 TERMINATION BY CPI. (a) This Agreement may be immediately terminated by CPI: (i) if Subscriber is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days (or within five (5) days in the case of any payment default) of Subscriber’s receipt of written notice thereof; (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors; (iii) upon the determination by any regulatory body that the subject matter of this Agreement is subject to any governmental regulatory authorization or review that imposes additional costs of doing business upon CPI; or (iv) as otherwise explicitly provided in this Agreement. Regardless of whether Subscriber is then in breach, CPI may, in its reasonable discretion, determine that it will not accept any renewal by Subscriber of its subscription to ChargePoint Services. In such case, this Agreement shall terminate upon the later of the expiration of all of Subscriber’s subscriptions to ChargePoint Services. (b) CPI may in its discretion suspend Subscriber’s continuing access to the ChargePoint Services or any portion thereof if (A) Subscriber has breached any provision of this Agreement, or has acted in manner that indicates that Subscriber does not intend to, or is unable to, comply with any provision of this Agreement; (B) such suspension is required by law (for example, due to a change to the law governing the provision of the ChargePoint Services); or (c) providing the ChargePoint Services to Subscriber could create a security risk or material technical burden as reasonably determined by CPI. 9.4 TERMINATION BY SUBSCRIBER. This Agreement may be immediately terminated by Subscriber without prejudice to any other remedy of Subscriber at law or equity: (i) if CPI is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days of the date of its receipt of written notice thereof, (ii) CPI becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, or (iii) upon providing thirty (30) days prior written notice. 9.5 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement for cause by Subscriber pursuant to Section 9.4(i)or by CPI pursuant to Section 9.3(a)(iii), CPI shall refund to Subscriber a pro-rata portion of any pre-paid Subscription Fees based upon the remaining Cloud Plan term. Upon any termination for any other reason, Subscriber shall not be entitled to any refund of any Subscription Fees as a result of such termination. Except as otherwise set forth in this Agreement, in no event shall any termination relieve Subscriber of any unpaid Subscription Fees due CPI for the Cloud Plan term in which the termination occurs or any prior Cloud Plan term. 9.6 SURVIVAL. Those provisions dealing with the Intellectual Property Rights of CPI, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties hereto regardless of the termination of this Agreement. 10. INDEMNIFICATION. Subscriber hereby agrees to indemnify, defend and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) suffered or incurred by such indemnified parties J - 34August 16, 2022 Page 11 of 19 Revised 8.5.19 resulting from or arising out of Subscriber’s actual or alleged use (directly, or through a grantee of Rights by Subscriber) of the ChargePoint Services, ChargePoint or Subscriber Content and Services. Subscriber will cooperate as fully as reasonably required in the defense of any claim. CPI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Subscriber. 11. GENERAL. 11.1 AMENDMENT OR MODIFICATION. CPI reserves the right to modify this Agreement from time to time. CPI will provide notice of each such modification to Subscriber. Subscriber’s continued use of the ChargePoint Services following such notice will constitute an acceptance of the modified Agreement. 11.2 WAIVER. The failure of either Party at any time to enforce any provision of this Agreement shall not be construed to be a waiver of the right of such Party to thereafter enforce that provision or any other provision or right. 11.3 FORCE MAJEURE. Except with respect to payment obligations, neither CPI nor Subscriber will be liable for failure to perform any of its obligations hereunder due to causes beyond such party’s reasonable control and occurring without its fault or negligence, including but not limited to fire, flood, earthquake or other natural disaster (irrespective of such Party’s condition of any preparedness therefore); war, embargo; riot; strike; labor action; any lawful order, decree, or other directive of any government authority that prohibits a Party from performing its obligations under this Agreement; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts. 11.4 ARBITRATION. This Agreement is to be construed according to the laws of the State of California, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law. Except with respect to any matter relating to Subscriber’s violation of the intellectual property rights of CPI, any dispute arising from or relating to this Agreement shall be arbitrated in Santa Clara, California. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. With respect to any matter relating to the intellectual property rights of CPI, such claim may be litigated in a court of competent jurisdiction. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys’ fees and costs. 11.5 NOTICE TO CALIFORNIA CUSTOMERS. (a) California’s Low Carbon Fuel Standard (“LCFS”) was enacted to ensure that the mix of fuels sold by California oil refiners and distributers meets applicable greenhouse gas emissions targets. California has a statewide goal to reduce carbon intensity of transportation fuels by at least 10% by 2020. (b) The ChargePoint Network can track the fueling of electric vehicles, which positively contributes to reducing California’s carbon intensity. If applicable reporting requirements are met, LCFS credits are issued by the California Air Resources Board. An available LCFS credit may be claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. However, the LCFS credits are only available to one party, meaning any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available LCFS credits generated from use of the Charging Stations, but will not claim any available LCFS credits that Subscriber intends to claim. J - 35August 16, 2022 Page 12 of 19 Revised 8.5.19 If Subscriber intends to claim the LCFS credits, it must engage in the reporting and other administrative obligations necessary to generate such credits. (c) Subscriber agrees that it will provide CPI with written notice of its intent to claim LCFS credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend to claim the LCFS credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim LCFS credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any LCFS credits. All notices shall be provided by email to CPI at lcfsnotification@chargepoint.com. 11.6 NOTICE TO OREGON CUSTOMERS (a) Oregon’s Clean Fuel Program (“OCFP”) was created with the purpose of reducing greenhouse gas emissions in the transportation sector. (b) The fueling of electric vehicles, and the operation of the ChargePoint Network, contributes to reducing Oregon’s greenhouse gas emissions and is eligible for OCFP credits, which are issued by the Oregon Department of Environmental Quality. By reporting the amount of electric vehicle fueling, ChargePoint is able to help Oregon track the growing use of electric vehicles in the state, for which ChargePoint will receive OCFP credits. (c) An available OCFP credit may be claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. However, the OCFP credits are only available to one party. This means any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available OCFP credits generated from use of the Charging Stations, but will not claim any available OCFP credits that Subscriber intends to claim. (d) Subscriber agrees that it will provide CPI with written notice of its intent to claim OCFP credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend to claim the OCFP credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim OCFP credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any OCFP credits. All notices shall be provided by email to CPI at lcfsnotification@chargepoint.com. 11.7 NOTICE REGARDING RIN DATA. For Subscriber’s located in the United States, CPI will participate in an application to the U.S. Environmental Protection Agency (“EPA”) to permit vehicle charging data (“Charging Data”) collected by CPI from centrally networked charging stations to be utilized in a process to generate an environmental credit called a Renewable Identification Number (“RIN)” under the Renewable Fuel Standard program. CPI must establish its exclusive right to utilize the Charging Data and the associated environmental attributes underlying the charging events represented by the Charging Data (Charging Data and such environmental attributes referred to collectively as, the “RIN Data”) for the purposes of RIN generation. Subscriber confirms that it will not pursue utilizing RIN Data for the purposes of RIN generation and that, as between Subscriber and CPI, CPI has the exclusive right to use the RIN Data for the purpose of RIN generation. 11.8 NOTICES. Other than the notices required in Sections 11.5 and 11.6, any notice required or permitted by this Agreement shall be sent (a) if by CPI, via electronic mail to the address indicated by Subscriber in Subscriber’s ChargePoint Services account; or (b) if by Subscriber, via electronic mail to mssa@chargepoint.com. J - 36August 16, 2022 Page 13 of 19 Revised 8.5.19 11.9 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the ChargePoint Services may be irreparable; therefore, CPI is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies. 11.10 SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either Party will to any extent be determined joint ly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby. 11.11 ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of CPI (not to be unreasonably withheld). In the event of any purported assignment in breach of this Section, CPI shall be entitled, at its sole discretion, to terminate this Agreement upon written notice given to Subscriber. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. CPI may assign its rights and obligations under this Agreement. 11.12 NO AGENCY OR PARTNERSHIP. CPI, in the performance of this Agreement, is an independent contractor. In performing its obligations under this Agreement, CPI shall maintain complete control over its employees, its subcontractors and its operations. No partnership, joint venture or agency relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other Party, whether express or implied, or to bind the other Party in any respect whatsoever. 11.13 ENTIRE AGREEMENT. This Agreement (including the attached Exhibits) contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes and cancels all previous and contemporaneous agreements, negotiations, commitments, understandings, representations and writings. All purchase orders issued by Subscriber shall state that such purchase orders are subject to all of the terms and conditions of this Agreement, and contain no other term other than the type of Cloud Plan, the number of Charging Stations for which such Cloud Plan is ordered, the term of such Cloud Plans and applicable Subscription Fees. To the extent of any conflict or inconsistency between the terms and conditions of this Agreement and any purchase order, the Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in any other documentation shall be incorporated into or form any part of this Agreement, and all such purported terms and conditions shall be null and void. 11.14 COPYRIGHT POLICIES. It is CPI's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. 11.15 THIRD PARTY RESOURCES. The ChargePoint Services may include hyperlinks to other websites or resources. CPI has no control over any web sites or resources that are provided by companies or persons other than CPI. Subscriber acknowledges and agrees that CPI is not responsible for the availability of any such web sites or resources, CPI does not endorse any advertising, products or other materials on or available from such web sites or resources, and CPI is not liable for any loss or damage that may be incurred by Subscriber as a result of any reliance placed by Subscriber on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources. J - 37August 16, 2022 Page 14 of 19 Revised 8.5.19 11.16 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document. 11.17 ENGLISH LANGUAGE AGREEMENT GOVERNS. Where CPI has provided Subscriber with a translation of the English language version of this Agreement, Subscriber agrees that the translation is provided for Subscriber’s convenience only and that the English language version of this Agreement governs Subscriber’s relationship with CPI. If there is any conflict between the English language version of this Agreement and such translation, the English language version will prevail. J - 38August 16, 2022 Page 15 of 19 Revised 8.5.19 EXHIBIT 1 FLEX BILLING TERMS This Exhibit sets forth certain additional terms and conditions (“Flex Billing Terms”) pursuant to which Subscriber may charge Users fees for the use of Subscriber’s Charging Stations. In order to charge such fees, Subscriber must subscribe to a Cloud Plan that includes CPI’s management, collection and/or processing services related to such fees (“Flex Billing”). 1. DEFINITIONS. The following additional defined terms shall apply to these Flex Billing Terms: 1.1 “CPI Fees” means a fee, currently equal to ten percent (10%) of Session Fees, charged for a particular Session. CPI Fees are charged by CPI in exchange for its collection and processing of Session Fees on behalf of Subscriber. CPI will provide Subscriber with thirty (30) days prior written notice (which may include, without limitation, notice provided by CPI through its regular newsletter to Subscriber) of any increase in CPI Fees. 1.2 “Net Session Fees” means the total amount of Session Fees collected on behalf of the Subscriber by CPI, less CPI Fees and Taxes, if any, required by law to be collected by CPI from Users in connection with the use of Charging Stations. Except as required by law, Subscriber shall be responsible for the payment of all Taxes incurred in connection with use of Subscriber’s Charging Stations. 1.3 “Session” or “Charging Session” means the period of time during which a User uses Subscriber’s Charging Station to charge his or her electric vehicle for a continuous period of time not less than two (2) minutes commencing when a User has accessed such Charging Station and ending when such User has terminated such access. 1.4 “Session Fees” means the fees set by the Subscriber for a Charging Session, inclusive of any applicable Taxes. 2. FLEX-BILLING SERVICE FOR CHARGING STATIONS. 2.1. SESSION FEES. Subscriber shall have sole authority to determine and set Session Fees. Subscriber shall be solely responsible for determining and charging Session Fees in compliance with all applicable laws and regulations (including without limitation any restriction on Subscriber’s use of per- kWh pricing). Subscriber acknowledges that CPI is not responsible for informing Subscriber of applicable laws or changes thereto, and CPI will not be liable to Subscriber or any third party for any alleged or actual failure of Subscriber to comply with such applicable laws and regulations. 2.2 DEDUCTIONS FROM SESSION FEES. In exchange for CPI collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes CPI to deduct from all Session Fees collected: (i) CPI Fees and (ii) to the extent required by Section 3, applicable Taxes. 2.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. CPI will remit Net Session Fees to Subscriber , not less than quarterly, provided that the amount due to Subscriber hereunder is at least two hundred and fifty U.S. Dollars ($250) (or, if Subscriber is located in Canada, two hundred and fifty Canadian dollars) or more. Notwithstanding, the foregoing, CPI shall remit any unpaid Net Session Fees, regardless of the amount, to Subscriber at least annually and within thirty (30) days of the expiration or termination J - 39August 16, 2022 Page 16 of 19 Revised 8.5.19 of this Agreement. All payments shall be made by ACH. In order to facilitate such payments, Subscriber agrees to provide to CPI, or its payment provider, Subscriber’s bank information to enable electronic remittance of the Net Session Fees. If the Subscriber requests payment in a manner other than ACH (e.g., check or wire transfer), Subscriber agrees to bear the reasonable costs related to such request. 3. TAXES. If applicable, Subscriber is responsible for setting pricing on a Tax inclusive basis. CPI is not responsible for remittance of any Taxes on behalf of Subscriber and Subscriber shall be responsible to report and remit any and all applicable taxes whether state, federal, provincial or otherwise; provided that CPI is solely responsible for all Taxes assessable based on CPI’s income, property and employees. Where CPI is required by law to collect and/or remit the Taxes for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber and deducted by CPI from Session Fees, unless Subscriber has otherwise provided CPI with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority. J - 40August 16, 2022 Page 17 of 19 Revised 8.5.19 EXHIBIT 2 API TERMS This Exhibit sets forth certain additional terms and conditions (“API Terms”) governing Subscriber’s use of the APIs in connection with Subscriber’s use of the ChargePoint Services. The API Terms are part of the Agreement, and all such use of the APIs remains subject to the Agreement terms. 1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply to the API Terms. 1.1 "API Implementation" means a Subscriber software application or website that uses any of the APIs to obtain and display Content in conjunction with Subscriber Content and Services. 1.2 “API Documentation” means all Documentation containing instructions, restrictions or guidelines regarding the APIs or the use thereof, as amended and/or supplemented by CPI from time to time. 1.3 “CPI Site Terms” means the Terms and Conditions displayed on CPI’s website, governing use of CPI’s website and the ChargePoint Services by visitors who are not Cloud Plan subscribers. 2. API USE. Subscriber may use the APIs as and to the extent permitted by Subscriber’s Cloud Plan and the API Documentation, subject to the terms and conditions of the Agreement. 2.1 AVAILABLE APIs AND FUNCTION CALLS. The APIs give Subscriber access to information through a set of function calls. The particular APIs and API function calls made available by CPI from time to time (and the Content available through such APIs and function calls) will be limited by Subscriber’s Cloud Plan, and Subscriber’s particular Cloud Plan may not include all APIs and function calls then available from CPI. 2.2 USE AND DISPLAY OF CONTENT. Subscriber is permitted to access, use and publicly display the Content with Subscriber Content and Services in Subscriber’s API Implementation, subject to the following requirements and limitations. (a) All Charging Station locations provided to Subscriber as part of the Content shall be clearly identified by Subscriber in Subscriber’s API Implementation as ChargePoint® Network Charging Stations and shall contain the Brand Identifiers required by the API Documentation. In no event shall Subscriber’s API Implementation identify or imply that any Charging Station is a part of any network of charging stations other than ChargePoint. (b) Subscriber shall keep the Content used by Subscriber’s API Implementation current with Content obtained with the APIs to within every forty eight (48) hours. (c) Content provided to Subscriber through the APIs may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CPI’s business partners and/or other third party rights holders of Content indexed by CPI, which may not be deleted or altered in any manner. (d) Subscriber shall not: J - 41August 16, 2022 Page 18 of 19 Revised 8.5.19 (i) pre-fetch, cache, or store any Content, except that Subscriber may store limited amounts of Content for the purpose of improving the performance of Subscriber’s API Implementation if Subscriber does so temporarily, securely, and in a manner that does not permit use of the Content outside of the ChargePoint Service; (ii) hide or mask from CPI the identity of Subscriber’s service utilizing the APIs, including by failing to follow the identification conventions listed in the API Documentation; or (iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 2.3 REQUIRED INFORMATION. Subscriber must: (a) display to all viewers and users of Subscriber’s API Implementation the link to the CPI Site Terms and Conditions as presented through the ChargePoint Services or described in the Documentation; (b) explicitly state in the use terms governing Subscriber’s API Implementation that, by using Subscriber’s API Implementation, such viewers and users are agreeing to be bound by the CPI Site Terms; and (c) include in Subscriber’s API Implementation, and abide by, a privacy policy complying will all applicable laws; and (d) comply with all applicable laws designed to protect the privacy and legal rights of users of Subscriber’s API Implementation. 2.4 REPORTING. Subscriber must implement reporting mechanisms, if any, that CPI requires in the API Documentation. 3. CPI BRANDING REQUIREMENTS AND RESTRICTIONS. 3.1 MANDATORY CPI BRANDING. Subject to Section 3.2 below and the restrictions on use of CPI Marks set forth in the Agreement, Subscriber agrees that each page comprising Subscriber’s API Implementation will include a ChargePoint logo and will state that Subscriber’s application or website is provided, in part, through the ChargePoint Services. 3.2 RESTRICTIONS. Subscriber shall not: (a) display any CPI Mark as the most prominent element on any page in Subscriber’s API Implementation or Subscriber’s website (except as used in connection with the display of Charging Stations); or (b) display any CPI Mark anywhere in Subscriber’s API Implementation or on Subscriber’s website if Subscriber’s API Implementation or website contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty -one (21) years of age. J - 42August 16, 2022 Page 19 of 19 Revised 8.5.19 EXHIBIT 3 TERMS REGARDING GRANTING OF RIGHTS This Exhibit sets forth certain additional terms and conditions applicable to Rights Grantors and Rights Grantees regarding the granting of Rights (“Rights Terms”). The Rights Terms are part of the Agreement, and all use of the ChargePoint Services permitted pursuant to the Rights Terms remains subject to the Agreement. 1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply. 1.1 “Rights Grantor” means Subscriber. 1.2 “Rights Grantee” means any person to whom Subscriber has granted Rights. For purposes of this Agreement, a Subscriber shall be deemed to have granted Rights to the entity assisting Subscriber with creating its account and initiating Subscriber’s access to Services. 2. TERMS. This Section governs Subscriber’s granting of Rights as a Rights Grantor. 2.1 LIMITED RIGHTS. A Rights Grantee’s right to access and use the ChargePoint Services for and on behalf of a Rights Grantor is limited to the specific Rights granted by such Rights Grantor to such Rights Grantee. Such Rights may be limited according to the Cloud Plan(s) subscribed to by Subscriber. Subscriber may revoke Rights, or any portion thereof, it has granted to a Rights Grantee at will and such Rights will thereafter by terminated with respect to such Rights Grantee. In no event may Subscriber grant Rights in excess of those provided to it through the Cloud Plan(s) to which it has subscribed. 2.2 RESPONSIBILITY FOR AUTHORIZED USER. All use of the ChargePoint Services by a Rights Grantee exercising Rights granted by Subscriber shall be subject to the terms and conditions of the Agreement (including without limitation Subscriber’s indemnification obligation pursuant to Section 10 thereof). Subscriber shall be responsible for the actions, omissions, or performance of such Rights Grantee while exercising any such Rights, as if such action, omission or performance had been committed by Subscriber directly. 2.3 NO AGREEMENT. Subscriber acknowledges and agrees that the ChargePoint Services merely enable a Rights Grantor to extend Rights to Rights Grantees. The mere extension of such Rights by a Rights Grantor to a Rights Grantee does not constitute an agreement between Rights Grantor and the Rights Grantee with respect to the granted Rights or the exercise of such Rights by the Rights Grantee. CPI does not, either through the terms of the Agreement or the provision of ChargePoint Services undertake to provide any such agreement. It is the responsibility of the Rights Grantor and the Rights Grantee to enter into such an agreement on terms mutually acceptable to each. CPI expressly undertakes no liability with respect to such an agreement and Rights Grantor fully and unconditionally releases CPI from any liability arising out of such an agreement. Further Rights Grantor agrees to indemnify and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) suffered or incurred by such indemnified parties resulting from or arising out of such agreement. J - 43August 16, 2022 Date: August 16, 2022 To: Mayor Dexter, Deputy Mayor Meyer, Councilmember Carr, Councilmember French, Councilmember McCaughan, Councilmember Schromen-Wawrin, Councilmember Suggs From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts - July MAY 2022 JUNE 2022 JULY 2022 AMOUNT CHANGE % CHANGE JUNE - JULY Number of Customers Past Due 1,479 1,474 1,536 62 4.21% Number of Disconnections for Non-payment - - - - N/A 60 days past due amount 215,751.00 206,017.10 223,242.87 17,225.77 8.36% 90 days past due amount 172,365.00 131,723.33 98,783.52 (32,939.81) -25.01% 120 days past due amount 1,333,068.00 1,307,352.41 1,219,994.13 (87,358.28) -6.68% Total amount past due 1,721,184.00 1,645,092.84 1,542,020.52 (103,072.32) -6.27% Total Additional Payment Plan Agreements 87 39 60 21 53.85% CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS JUNE 2022 - JULY 2022 -30.0% -20.0% -10.0% 0.0% 10.0% 20.0% 30.0% - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2,000,000 60 days past due amount 90 days past due amount 120 days past due amount Total amount past due JUNE 2022 -JULY 2022 PAST DUE AMOUNTS JUNE 2022 JULY 2022 % CHANGE JUNE - JULY L - 1August 16, 2022