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HomeMy WebLinkAbout5.426 Original Contract .. fl, .~ .1.' , I"~ J . c(2). <f~(p 012 (C- l tJ P-.- L ~ ~,,~ \GY2..1L:"-.. WMD Agreement No.: MD-97-7358- J~ ~ ",,'J. STATE OF WASHINGTON MILITARY DEPARTMENT _STATE EMERGENCY MANAGEMENT AND C l'l'~ 0\= ~O6\." AV&..ELe~ 1.0 PARTIES TO THIS AGREEMENT This agreement is made and entered into by and between the WASHINGTON MILITARY DEPARTMENT or its successor agency, hereinafter referred to as "DEPARTMENT", and the C. rt~ 0'= 10'-, (\"U.EL2( hereinafter referred to as the "APPLICANT'. WHEREAS the DEPARTMENT is authorized by the 1997 FEMA-State Agreement for the 1996-97 Winter Storm Event to execute on behalf of the State of Washington all necessary documents for public assistance, including approval of sub-grants and certification of claims; THEREFORE, both parties mutually agree to the following: 2.0 PURPOSE Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by the DEPARTMENT. Under the authority of Presidential Major Disaster Declaration FEMA 1159-DR-WA, the DEPARTMENT is reimbursing the APPLICANT for those eligible costs and activities necessary for the repair and restoration of public facilities damaged during the period of December 26, 1996 and continuing. 3.0 TIME OF PERFORMANCE Activities payable under this agreement and to be performed by the APPLICANT under this agreement shall be those activities which occurred on or subsequent to the incident period defined in the FEMA-State Agreement and shall terminate upon completion of the project(s) approved by federal and state officials, including completion of close out and audit. This period shall be referred to as the "Agreement Period." 4.0 CLOSE-OUT It shall be the responsibility of the DEPARTMENT to issue close-out instructions to the APPLICANT upon completion of the project(s). 5.0 FUNDING The DEPARTMENT will administer the disaster assistance program and reimburse any eligible costs for eligible projects to the APPLICANT which are identified under the auspices of the Presidential Major Disaster Declaration FEMA 1159-DR-WA. It is understood that no final dollar figure is committed to at the time that this agreement is executed, but that financial commitments will be made by amendments to the project application as Damage Survey Reports are completed in the field and projects are authorized by state and federal officials. FEMA 1159-DR-WA January 1997 Page 1 of 8 , II! '. '..... "lJ' " .' " Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the administrative costs. as provided for.in subsection 4 of Section 6.0. Pursuant to the FEMA- STATE AGREEMENT, the DEPARTMENT will commit the required 12.5 percent match to any eligible project for the APPLICANT which has been identified under the Presidential Major Disaster Declaration FEMA 1159-DR-WA. The APPLICANT will commit the required 12.5 percent match to any eligible project for the APPLICANT which has been identified under the Presidential Major Disaster Declaration FEMA 1159-DR-WA. 6.0 PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Major Disaster Declaration from FEMA and the state of Washington, shall issue payments to the APPLICANT in compliance with the Washington State Public Assistance Manual procedures as follows: 1. Small project payments: Payments are made for all small projects to the APPLICANT upon submission and approval of an A-19-1A Invoice Voucher to the DEPARTMENT. 2. Progress Payments: Progress payment of funds for costs already incurred on large projects minus 10 percent retainage may be made to the APPLICANT upon submission and approval of an A-19-1A, Invoice Voucher from the APPLICANT to the DEPARTMENT. 3. Final Payment: Final payment will be made following submission by the APPLICANT on form DEM-001 (2/89), STATEMENT OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR FINANCIAL DISASTER ASSISTANCE upon completion of project(s), completion of all final inspections by the DEPARTMENT, and final approval by FEMA. Final payment may also be conditioned upon a financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditors Office or the United States Inspector General. 4. The APPLICANT is eligible to receive federal administrative moneys, upon completion and closure of the project, for the costs of requesting, obtaining, and administering the disaster assistance grant based upon the following percentages of total eligible costs: · For the first $100,000 of eligible costs, three percent of such costs; · For the next $900,000, two percent of such costs; · For the next $4,000,000, one percent of such costs; and · For those costs over $5,000,000, one-half percent of such costs. 5. All payment requests shall be made on an A-19-1A form, State of Washington, Invoice Voucher. 6. Funding shall not exceed the total federal and state contributions eligible for the repair and restoration costs under this Presidential Major Disaster Declaration FEMA 1159-DR-WA. 7.0 RECORDS MAINTENANCE The APPLICANT shall maintain books, records, documents, and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement. These records shall be subject at all reasonable times to inspection, review, or audit by DEPARTMENT personnel, other personnel duly authorized by the DEPARTMENT, the Office of the State FEMA-1159-DR-WA January 1997 Page 2 of 8 \.. .,) ,. \. -- Auditor or the United States Inspector General. The APPLICANT will retain all books, records, documents, and other material relevant to this agreement for six years after the agreement is closed and the Office of the State Auditor, the United States Inspector General, or any persons duly authorized by the DEPARTMENT shall have full access to and the right to examine any of said materials during said period. 8.0 AUDITS Audits shall be in accordance with the Single Audit Act of 1984. The APPLICANT is to procure audit services based on the following guidelines: 1. APPLICANT receiving less than $25,000 in federal funds in a fiscal year is exempt from compliance with the Single Audit Act. However, records must be available for review by the DEPARTMENT. 2. APPLICANT receiving $25,000 to $100,000 in total federal funds in a fiscal year may chose to have an audit made in accordance with the Office of Management and Budget's (OMB) Circular A-128 or a program audit. 3. APPLICANT receiving $100,000 or more in a fiscal year in total federal funds shall have a Single Audit made in accordance with OMB Circular A-128. As applicable, the APPLICANT must ensure the audit is performed in accordance with Generally Accepted Accounting Principles; Government Auditing Standards developed by the Comptroller General, dated July 1988; the OMB Compliance Supplement for Single Audits of State and Local Governments; and all state and federal laws and regulations governing the program. The ,audit of the APPLICANT'S program shall be conducted by the Office of the State Auditor. The APPLICANT must prepare a Schedule of Financial Assistance for federal funds that includes: grantor name, program name, federal catalog (CFDA) number, grantor agreement number, total award amount, beginning balance, current year revenues, current year expenditures and ending balance. The APPLICANT shall maintain its records and accounts in such a way as to facilitate the DEPARTMENT's audit requirements, and ensure that Subcontractors also maintain records which are auditable. The APPLICANT is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The DEPARTMENT reserves the right to recover from the APPLICANT disallowed costs resulting from the final audit. The APPLICANT is responsible for sending the audit report to the DEPARTMENT's Internal Audit Manager as soon as it is available, but no later than thirteen months after the end of the APPLICANT's fiscal year. Responses to previous management findings and disallowed or questioned costs shall be included with the audit report. The APPLICANT will respond to the DEPARTMENT's requests for information or corrective action concerning audit issues within 30 days of the date of the request. The APPLICANT shall include these requirements in any subcontracts. 9.0 RECOVERY OF FUNDS In the event that the APPLICANT fails to complete the project(s), fails to expend or is over advanced federal funds in accordance with federal or state disaster assistance laws or programs, or is found by audit or investigation to be owing to the state, the DEPARTMENT FEMA-1159-DR-WA January 1997 Page 3 of 8 . ~....... .1'" -./ reserves the right to recapture funds in accordance with federal or state laws and requirements. Repayment by the APPLICANT of agreement funds under this recovery provision shall occur within 30 days of demand.- ~In the event that the DEPARTMENT is required to institute legal proceedings to enforce this recovery provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney fees. The APPLICANT shall be responsible for pursuing recovery of moneys paid under this agreement in providing disaster assistance against any party that might be liable, and further the APPLICANT shall cooperate in a reasonable manner with the state and the United States in efforts to recover expenditures under this agreement. In the event the APPLICANT obtains recovery from a responsible party, the APPLICANT shall first be reimbursed its reasonable costs of litigation from such recovered funds. The APPLICANT shall pay to the state the proportionate state and federal share of all project funds recovered in excess of costs of litigation. 10.0 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain in interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this agreement. The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. 11.0 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. 12.0 ASSIGNMENT This Agreement, and any claim arising under this agreement, is not assignable or delegable by the APPLICANT either in whole or in part. 13.0 SUBCONTRACTS FOR ENGINEERING SERVICES In the event that the APPLICANT subcontracts for engineering services, the APPLICANT shall require that the engineering firm be covered by errors and omissions insurance in an amount not less than the amount of the firm's subcontract. If the firm is unable to obtain errors and omissions insurance, the firm shall post a bond with the APPLICANT for the benefit of the APPLICANT for not less than the amount of its subcontract. Such insurance or bond shall remain in effect for the entire term of the subcontract. The subcontract shall provide that cancellation or lapse of the bond or insurance during the term of the subcontract shall constitute a material breach of the subcontract and cause for subcontract termination. The APPLICANT shall cause the subcontractor to provide it with a 30 day notice of cancellation issued by the insurance company. FEMA-1159-DR-WA January 1997 Page 4 of 8 " . \, ..... t. 14.0 AMENDMENTS This agreement contains the terms and conditions agreed to by the DEPARTMENT and the APPLICANT. Any aadition'al"termsanCJ conditions imposed by the Federal Emergency. Management Agency or the DEPARTMENT will be incorporated into an amendment. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind the parties. No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. 15.0 APPEALS Consistent with the Code of Federal Regulations, 44 CFR Chapter 1, Section 206.206, the APPLICANT may appeal any determination previously made related to the federal assistance for the APPLICANT. The APPLICANT'S appeal shall be made in writing and submitted to the DEPARTMENT within 60 days after receipt of notice of the action which is being appealed. The appeal shall contain documented justification supporting the APPLICANT'S position. Upon receipt of an APPLICANT'S appeal, the DEPARTMENT will review the material submitted, make such additional investigations as necessary, and shall forward the appeal with a written recommendation to the FEMA within 60 days. Within 90 days following receipt of the appeal, FEMA shall advise the DEPARTMENT, in writing, as to the disposition of the appeal or the need for additional information. If the decision is to grant the appeal, then FEMA will take the appropriate implementing action. 16.0 GOVERNING LAW AND VENUE This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. 17.0 SAVINGS The DEPARTMENT may unilaterally terminate all or part of this agreement, may reduce its scope of work or decrease the percentage of matching costs, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this agreement. 18.0 TERMINATION Except as otherwise provided in this Agreement, either party may terminate this Agreement upon giving thirty (30) days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable only for performance of services rendered prior to the effective date of termination. 19.0 WAIVERS No conditions or provisions of this agreement can be waived unless approved by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this agreement. FEMA-1159-DR-WA January 1997 Page 5 of 8 . , . > . \..~ .. -j 20.0 INDEMNIFICATION Each party shall protect and hold harmless the other party from and against all claims, suits or actions arising frcim'any negligeht aCt or bmtSsidn of that party's employees, agents and/or authorized subcontractor(s) while performing under the terms of this agreement. The APPLICANT, and its employees, contractor(s) and subcontractor(s) shall hold harmless the United States, and its agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from the approved work, regardless of whether or not such claim, damage, loss or expense is caused entirely or in part by the United States. 21.0 APPLICANT ASSURANCES In addition to the Terms and Conditions specified herein, the APPLICANT also agrees to the following assurances: 1. The APPLICANT hereby assures and certifies that they will comply with state and federal laws and regulations, including but not limited to the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended; 44 CFR Part 13, 44 CFR Part 206, and the Washington State Public Assistance Manual dated January 1997. These regulations and requirements are hereby incorporated into this agreement by reference. 2. The emergency or disaster relief work for which federal or state assistance is requested herein does not or will not duplicate benefits received for the same loss from any other source. 3. The APPLICANT will operate and maintain the facilities in accordance with the minimum standards as may be required or prescribed by the applicable federal, state and local agencies for the maintenance and operations of such facilities 4. The APPLICANT will, for any repairs or construction financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and standards, and will evaluate the hazards in areas in which the proceeds of the grant are to be used and take appropriate action to mitigate such hazards, including safe land use and construction practices. 5. The APPLICANT will not enter into a contract with a contractor who is on the General Services Administration (GSA) Lists of Parties Excluded from Federal Procurement or Non-procurement Programs. 6. The APPLICANT will comply with minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 7. The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, religion, national origin, residence, marital status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A violation of this provision is a material breach and cause for termination under Section 18.0 of this Agreement. 8. The APPLICANT shall utilize certified minority-owned and women-owned businesses (MWBEs) to the maximum extent possible in the performance of this agreement. FEMA-1159-DR-WA January 1997 Page 6 of 8 . ~ ." .., .' \.- 9. The APPLICANT does not have to comply with the provisions of the Davis-Bacon Act for grants made under the disaster assistance program. However, if FEMA and any other Federal agency are a party to a contract for the repair or restoration of a public building or public facility, the contract would have to comply with the Davis-Bacon Act. 1 O. Eligible private nonprofit organizations are required to obtain an independent audit in accordance with the Single Audit Act requirements. All costs of said audit are the responsibility of the private nonprofit organization. Additional funds beyond those provided in the administrative allowance are not available for payment of said audit. Eligible private nonprofit organizations must comply with the audit requirements of OMB Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Organizations. 22.0 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this grant of funds does not and will not acquire any ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington harmless from any and all causes of action arising from the ownership and operation of the project. 23.0 ACKNOWLEDGEMENTS The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and the Federal Emergency Management Agency (FEMA) to this project in any release or other publication developed or modified for, or referring to, the project. 24.0 INSURANCE The APPLICANT will comply with the insurance requirements of Public Law 93-288, as amended, and obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired or constructed with this assistance. 25.0 SEVERABILITY In the event any term or condition of this agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, conditions, or applications of this agreement which can be given effect without the invalid term, condition, or application.. To this end, the terms and conditions of this agreement are declared severable. 26.0 ORDER OF PRECEDENCE In the event of an inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable Federal and State statutes and regulations; b. Applicable approved Damage Survey Reports; and c. Any other provisions of the agreement whether incorporated by reference or otherwise. FEMA-1159-DR-WA January 1997 Page 7 of 8 ". '.. '"'.. ,.. . '4 27.0 AGREEMENT ADMINISTRATION APPLICANT's rep~s~ntattv! .s.t),~UJ~e Ken Ridout The DEPARTMENT's representative shall. be Donna J. Voss. 28.0 ENTIRE AGREEMENT This Agreement sets forth the entire Agreement between the parties with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, in this Agreement or written amendment hereto shall not be binding on either party, Except as may be expressly provided herein, no alteration of any of the terms or conditions of this Agreement will be effective without the written consent of both parties. IN WITNESS WHEREOF, the DEPARTMENT and the APPLICANT have executed this agreement as of the date and year written below. A Ii t Signatu Printed Name: PROSPER OSTROWSKI Title: MAYOR DATE: February 18, 1997 Linda Burton-Ramsey, Director Emergency Management Division Washingto~ ~litary epartment DATE: -3/~ y; 9 APPROVED AS TO FORM Willette S. Rowe Assistant Attorney General ,APPLICANT - PLEASE PRINT THE FOllOWING TO EXPEDITE PROCESSING DATE: 1/9/97 Federal Tax ID No. (TIN): 91-6001266 Emergency Management Division State of Washington Military Department Post Office Box 40955 Olympia, Washington 98504-0955 Organization: CITY OF PORT ANGELES Address: 321 E. Fifth Street PO Box 1150 Port Angeles, WA 98362 (360) 923-4577 CFDA: 83.516 Phone: (360) 417-4802 FEMA-1159-DR-WA January 1997 Page 8 of 8 ... ...I ~ DISASTER ASSISTANCE APPLICATION DEM - 131 Aiipn~~~on Identifier.' :H , "i~~~.;.p~~.HH~~;''l#:~ri5~'~:i.8 ~;:,: H..... " " .. '.: ",:U: ;re~~~lO~~~f:.~4~~~r;:,.~EMA:}~59~D~~~~::. .... ,. -: ... ... . ... .... .. . . , .. . Federal"C:titalog' Number: :83.516' ':.::;..titte: :DJsaSter Assls~nce; ": ' :' . . .. .. .. . . . ...... . .. . . . .. .... .. " Deciaration Date~ :.January ,11; 1997 ',~ >./ ... " .. ,:' .,. ....,: '.. .. .. U .. ... . .. .... ..... .... .... ... " Applicant:;s FEMA: Project Appliriation~:Ntitribe~;," ,"tlSi1:~ ':~3&S':*, :" , Legal Applicant Recipient: Applicant's Name: Street Address: Mailing Address: City: PORT ANGELES CITY OF PORT ANGELES 321 E. Fifth Street PO Box 1150 State: WA County: Clallam Zip Code: 98362 Applicant Agent: Name: KEN RIDOUT Title: DEPUTY D~R , / ---.)~^ --I-- Signature: ,. ~"'- -' :" ~.LA~ ) V .' / Type of Applicant: Phone Numbers: Work Fax Home (360 )417-4802 (360 )417-4542 (360)452-9727 -z/ 1(3/9 I , Date: A - State B - County C - City o - School District E - Special Purpose District F - Higher Educational Institution G - Indian Tribe . H - Private NonProfit I - Other (Specify) " Enter Appropriate Letter C Congressional District Number: State Legislative District Number: 6 24 .. .. .. . . . Goverriots Authorized Representative:' ~":. ' : :'~,' .:::.::' .: u:~:::': u., Sigriatirre/nU:.:A!ra;:~i.. Il~~~; :.V,-kj/tzi ..' ..... '.:. ~...,' ", :. : .,,: :.. '. ':: ": ,. :;;..:( .t. .~ ': ~':: : ~ ~ ~, ,-- '\7 CITY OF PORT ANGELES CITY MANAGER 321 East Fifth Street, PO Box 1150 Port Angeles, Washington 98362-1150 Phone (360) 417-4500 Fax (360) 417-4509 TTY Phone (360) 417-4645 mtemet address citym@olympus net PROCLAMATION OF EMERGENCY WHEREAS, the following disaster has occurred in the City of Port Angeles: A severe winter storm has deposited extremely heavy amounts of snow, which has been compounded by subsequent rainfall, far beyond the capacity of the City's equipment, infrastructure, personnel and budgetary resources to deal with in protecting the public health, safety, and welfare; and WHEREAS, said disaster has caused the following effects: Transportation to, from, and within the City has been severely impaired, significant property damage has occurred, and public and private resources have been strained to the maximum; and WHEREAS, there is a state of emergency in the City of Port Angeles that requires activation of the City's Disaster Response Plan and utilization of emergency powers granted pursuant to RCW 35.13.030 and Chapter 2.24 PAMC; NOW, THEREFORE, the Mayor and the City Manager of the City of Port Angeles do hereby declare that there is a state of emergency in the City of Port Angeles and that all actions may be taken under the direction of the Mayor, the City Manager, and authorized designees, as are reasonably necessary to prevent or minimize the loss of life and property; provided, however, that this proclama- tion shall be subject to confirmation by resolution of the City Council at the earliest practicable time. Dated: /J. 3! 70 Cl PROC I I I 'I I i I I 'I II II ,i II Ii ,: I: I' il Port It RESOLUTION NO. 1-97 A RESOLUTION of the City Council of the City of Port Angeles declaring a state of emergency and authorizing the exercise of emergency powers and the request of state and/or federal emergency relief and/or assistance. WHEREAS, the following disaster has occurred in the City of Angeles: :: A severe winter storm has deposited extremely heavy amounts I, ,I of snow, which has been compounded by subsequent rainfall, far , beyond the capacity of the City's equipment, infrastructure, I , personnel and budgetary resources to deal with in protecting the i I~ublic health, safety, and welfare; and WHEREAS, said disaster has caused the following effects: Transportation to, from, and within the City has been ,severely impaired, significant property damage has been incurred, IIand public and private resources have been strained to the maximum; I'and ! WHEREAS, there is a state of emergency in the City of Port IAngeles that requires activation of the City's Disaster Response , Plan and utilization of emergency powers granted pursuant to RCW 35.13.030 and Chapter 2.24 PAMC; and WHEREAS, the specific measures that the City has taken to Ideal with this disaster and the state assistance that the City 'Istill requires are as follows: I All available city equipment and personnel have been lutilized 24 hrs/day in snow removal efforts, City emergency ,I jlmanagement personnel have been utilized in mobilizing necessary lIefforts to protect persons and property, and financial resources ilhave been tapped beyond budgeted amounts to the extent that state Hand federal resources may need to be requested. II I' II NOW, THEREFORE, BE IT RESOLVED by the City Council of the II :!City of Port Angeles as follows: I! , 1. There is, and has existed since December 29, 1996, a " " ,I " I' / -1- i~ate of emergency in the City of Port Angeles due to the severe ""J.nter storm; I, II 2. The actions taken, and to ICitY Manager, and authorized designees, be taken, by the Mayor, the as are reasonably necessary I~o prevent or minimize the loss of life and property, are hereby I! f' d Icon J.rme ; II Ii 3. The Mayor and the City Manager are further authorized I~o request state and/or federal assistance to the extent that the " il Iseverity and magnitude of the disaster is beyond the capability of iCity resources. i PASSED by the City Council of the City of Port Angeles at a I I I January meeting of said Council , 19~ n~:nd day U/~i<'(~}rvQ,g~t: MAYOR of II i I ~TTEST: I IlAo,jp~ 141ft IIBecky ~ Upt;pn, C ty Cierk IlPPROVED AS TO FORM: I i ~ eIJMJ~ Icraig D. Khutson, City Attorney 1~1 I I \ I I I I I I I I I I ,.., !. I ,I -2-