The URL can be used to link to this page

Home My WebLink About11/22/2011 - City Council - City Council Meeting Agenda Packet• • • NOV 22 CITY OF EAST WENATCHEE REGULAR COUNCIL MEETING AGENDA NOVEMBER 22, 20116:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS BUDGET ISSUES Nick Gerde, Finance Director, Budget Report MAYOR'S REPORT CONSENT CALENDAR 1. Consideration of Minutes — Regular Session, November 8, 2011 2. Consideration of Payables PUBLIC HEARING 3. 11-11-09 A public hearing to receive comments related regarding the 2012 Final Budget for the City of East Wenatchee. (Nick Gerde, Finance Director) • 4. 11-11-10 A public hearing to receive comments regarding the City's tentative agreement to enter into a Comprehensive Solid Waste Recycling Collection and Disposal Agreement with Waste Management of Washington, Inc. (Devin Poulson, City Attorney) RESOLUTIONS 5. 11-11-04 A Resolution of the City of East Wenatchee increasing the license fee for an altered dog to $20.00, increasing the licensing fee for an unaltered dog to $60.00, maintaining other animal control fees at their current levels, and repealing Resolution 2009-01. (Devin Poulson, City Attorney) 6. 11-11-05 A Resolution of the City of East Wenatchee authorizing the Mayor to sign a Contract with Wenatchee Valley Animal Control, LLC for the provision of animal control services. (Devin Poulson, City Attorney) ORDINANCE 7. 11-11-07 A An ordinance of the City of East Wenatchee authorizing an increase of one percent in the regular property tax levy to be collected in the 2012 tax year. B An ordinance of the City of East Wenatchee authorizing an increase of $84,720 in the regular property tax levy resulting from previously banked capacity to be collected in the 2012 tax year. • Continued on next page ... In compliance wilh the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 509-884-9515. Nol#ication 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 1 of 2 C An ordinance of the City of East Wenatchee authorizing the regular property tax levy to be collected in the 2012 tax year and authorizing any increase which may be allowed in the amount under new construction, improvements to property and the is State assessed property provisions of State Law. C� • 8. 11-11-11 First reading of an ordinance adopting salaries and compensation to be paid to certain officials and employees in the year 2012. (Nick Gerde, Finance Director) 9. 11-11-12 First reading of an ordinance adopting the final budget for the City of East Wenatchee for the fiscal year 2012. (Nick Gerde, Finance Director) 10. 11-11-13 First reading of an Ordinance of the City of East Wenatchee authorizing the Mayor to sign a Comprehensive Solid Waste and Recycling Collection and Disposal Agreement with Waste Management of Washington, Inc. (Devin Poulson, City Attorney) 11. 11-11-14 First reading of an Ordinance of the City of East Wenatchee lowering the amount of the utility rate reduction for garbage and refuse collection for senior citizens, disabled citizens, and low-income citizens to twenty percent by amending East Wenatchee Municipal Code 4.34.030. (Devin Poulson, City Attorney) 12. 11-11-15 First reading of an ordinance adopting the Greater East Wenatchee Storm Water Budget for the 2012 fiscal year. (Brandon Mauseth, Associate Engineer) COUNCIL REPORTS ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting please contact the Citv Clerk at 509-884-95I5. Notification 48 hours prior to the meeting rill enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 2 of 2 CITY OF EAST WENATCHEE COUNCIL MINUTES NOVEMBER 8, 2011 CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR STEVEN C. LACY, PRESIDING NOVEMBER 8, 2011 6:30 P.M. ROLL CALL Mayor Steven C. Lacy Councilmember Chuck Johnson — Excused Councilmember Wayne Barnhart Councilmember Dennis Hendricks Councilmember Sandra McCourt Councilmember George Buckner Councilmember Dave Bremimer Councilmember Harry Raab EMPLOYEES IN ATTENDANCE City Attorney Devin Poulson City Clerk Dana Barnard Police Chief Randy Harrison Community Development Director Lori Barnett Public Works Director/City Engineer Don McGahuey City Treasurer/Finance Director Nick Gerde Municipal Court Judge Chancey Crowell Executive Secretary Teresa Allen Associate Engineer Brandon Mauseth Code Compliance Officer Jeff Morrison Court Clerk Mary Beth Holzerland Clerical Assistant Shawn Murison PLEDGE OF ALLEGIANCE PUBLIC COMMENTS Revised Page 1 Mike Bocatch, 331 Valley Mall Pkwy., East Wenatchee, expressed concerns of the City of East Wenatchee being silent about the problems of the Town Toyota Center. He was also concerned about the way the Public Facilities District (PFD) Board Members operate and hold meetings. He said East Wenatchee, along with the eight other members of the PFD should aggressively seek to protect themselves from a lawsuit. Nathan Scott, 918 Manzanal Street NE, East Wenatchee, He said he thinks the minutes should reflect when aCouncilmemberwhen leaves the Council Chamber as this has been happened at several times during the public comment portion of the meeting. He asked Council not to approve any property tax increases which will be voted on this evening. He said he was the one that brought up a comment regarding a property taxes increase stating that "if the taxes were going to streets, if it was dedicated to streets he could understand and he might even support that, he could be persuaded", if we had a Mayor and City Administration that could be trusted to spend or invest our public funds wisely. However, they have not earned his trust. 4 A • CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR STEVEN C. LACY, PRESIDING NOVEMBER 8, 2011 6:30 P.M. ROLL CALL Mayor Steven C. Lacy Councilmember Chuck Johnson — Excused Councilmember Wayne Barnhart Councilmember Dennis Hendricks Councilmember Sandra McCourt Councilmember George Buckner Councilmember Dave Bremmer Councilmember Harry Raab EMPLOYEES IN ATTENDANCE City Attorney Devin Poulson City Clerk Dana Barnard Police Chief Randy Harrison Community Development Director Lori Barnett • Public Works Director/City Engineer Don McGahuey City Treasurer/Finance Director Nick Gerde Municipal Court Judge Chancey Crowell Executive Secretary Teresa Allen Associate Engineer Brandon Mauseth Code Compliance Officer Jeff Morrison Court Clerk Mary Beth Holzerland Clerical Assistant Shawn Murison PLEDGE OF ALLEGIANCE PUBLIC COMMENTS Mike Bocatch, 331 Valley Mall Pkwy., East Wenatchee, expressed concerns of the City of East Wenatchee being silent about the problems of the Town Toyota Center. He was also concerned about the way the Public Facilities District (PFD) Board Members operate and hold meetings. He said East Wenatchee, along with the eight other members of the PFD should aggressively seek to protect themselves from a lawsuit. Nathan Scott, 918 Manzanal Street NE, East Wenatchee, He said he thinks the minutes should reflect when a Councilmember when a leaves the Chamber as this has been happened at several times during the public comment portion of the meeting. He asked Council not to approve any property tax increases which will be voted on this evening. He said he was the one that brought up a comment regarding a property taxes increase stating that "if the taxes were going to streets, if it was dedicated to streets he could understand and he might even support that, he could be persuaded", if we had a Mayor and City • Administration that could be trusted to spend or invest our public funds wisely. However, they have not earned his trust. Z touno t a not ujo tsuoo io a uosatd tut I, �l•� gi q i p. p I glCuu uaaq Iou sug atagl inq `talua� u;o�CoZ uMoZ agI of Ioodsat ql!m piuA uoj autoo Iuiod autos iu IgOtut uoillsodoad jo pull Iugm Inoqu 31Iul jo iol u uaaq suq NOT plus OH •poploop oq of X11muno anssi ou si atagi uogm 2upluut uoisioop toj s.zailuut Iuosaid of Iou oopou.td siq uaaq XIluoidX4 suq it iugi plus aH •.talluut agl 2utpzui?oj aanlnj aql ui op of sasodotd ItounoD /4iD Iugm Xpouxo 2uimou3I Iou Inoqu passaadxo sum iugi Iuautiluas agl gitm aa.t23p autos jo Xgiudut.Cs suq oq Jaluao uloXojL umoiL aqI of Ioadsaa glim Iugl 2utluls `goluoog ryg oI papuodsaz fowl aoXuW •aisuM tuog poonpotd lotg iuisn are Iuauta5uuvW aisuM Xq pasn sVtul, aqi pappu OH •mol u aNul of otlgnd agI palsa2iins put, 5uilaaut aisuM PIIoS isul agI iiut.mp Ilgpuu7 agI pa mol puq oq plus guug .taqutaugtouno3 •OtnloXoai tuog anuanat IIu OAtaoaa IItM �C !D agI pappu OH •alquliunu aq IItM sozis Dlut ut,o alqutreA `dn Outog oq Ilim aiol uoiluJ 96 agI .toj aottd agI g2nogllu put, `polsonbat IusodstQ ouigsunS su papnlout ioluluoso Ianj u aq Iou Ipm atagl •.tuaX tad sdtunp Dag p aqi dowl of paaBu suq Iuotuo0umw aisuM plus off •uoiluiopisuoo Iourluoo aoj Sutloom IiounoD `I IOZ `ZZ .taqutanoN aqi lu piDq oq Ipm 2ut.tuaq otlgnd u plus OH •polonpuoo uaaq anuq Iu3uta2iuut'W aisuM gitm suotiugo�?aN •Iu3uta0uuuw aisuM tlitm suoilutlo2ou uti?aq of ioXuW aqi pazuoginu puu Sutlaaut itounoD snoiAwd aqI iu Iusodst(I auigsunS gitm suotiutioSm popuodsns ItounoD Iugi plus Sou- ioXuW .LHOd3X S,2IO)LVN •atu sluailo .uagl Iugmdo uopt uu snumo ssouisnq anti Ipm uotiuuuojui oiqduBowap agI plus aH XlunoD uulaq3 puu `SlunoD su12no(I `.foutna `aagoluuaM `aagoluuaM Ist,g • sopnlout gotgm uare Ia3lium aqI put, uatu luool oql to3 uotlutuuojut otgdut�outap pandaid suq aqs plus aqS •pua3IaaM �utnt5sTwgZ zaiju do ind uuo aqs sadoq aqs gotgm IluW aqI Iu do Ias aq Igm iugi Xuldstp aqI .toj siutmutp Iunldaouoo autos pa.tudaid puq aappaA •aW lugs paluotpui aqS -TIM NJOM oI 021u1103 u anuq am os pagduaBologd uaaq anuq umolumop Iutauaii aqi ui sluoij ojols aqi IId •palaldmoo uaaq DAeq s.taploga)Iuls gitM smatntalui uaaluanas aqI 3o uaalmoj plus ilatuug uoZ .toloanQ Iuautdolanaa f4!untuuto3 • •alupdn snluls Ioafotd umolumo(I — luautitu&(j Iuotudolana(j)I4iunututoD •utalt Dull Xq samitpuodxo Ia2pnq of Iuniou futpnloui `I IOZ iagolop ioj Izodat aanlipuadxo puu anuanat Xlgluout Puu `•OIOZ ui poitad autos aqi of uostxuduuoo ut puu `Ia2pnq of uosiiudtuoo ui sllnsai Iuniou gitm I I OZ 3o sgiuout uai Is tg Dill ioj salnpagos mold gstD `I I OZ .tagolop 3o giuout aqi .toj puu I I OZ 3o sgluout uai Istg aqi .toj s32uugo puu sosuodxa `sanuanaa Jo alnpagos luiouuug :I IOZ .toj sllnsat Iuiouuug ngolop agI Jo antluu M jattq u papnlout gotgm liodo-d Iuiouuut3 aqI pamOIA31 apJaD 3I31N aoloanQ a3uuut3 I IOZ .tagolop jo gluow aqi jo ltodag luiout,ut,d - Iuautltuda(j oouuu13 I'dodau JLNH A IIlvddQ •outiaaut aalllutWOD IoOpng aqi puailu pinom aq plus .t3u3jonU tagwauq!ounoD •alquliunu oq pinom .taqutautllounoD .tagiout, 3t p33Isu puu'Sutiaaut aqi puallu of alquliunu aq Iou Ipm uosugop .tagwowpounoD plus aH •w•d 0£:S lu `i 10Z `9I .taqutanoN tro plaq ifutaq ifutlaaut oaiilutmo0 u jo oolltuimoo Ia2png aqi poputww aH •Butlaaut liounoo `IIOZ `ZZ .taqutanoN aqi 5utmp plaq oq Ipm la0png luut3 aqi of polulat Outtuotl otlgnd u puu `I IOZ `OI aaqutanoN alquliunu aq Ipm ZIOZ .toj 130pnq Xmutuulaid aqi plus aptao )JOIN .toloauQ aouuul3 Saassl 199aaa I IOZ `8 2l98W9AON SHIANWIDNIIOD R9HD.LVX9M LSVI d0 AID CITY OF EAST WENATCHEE COUNCIL MINUTES NOVEMBER 8, 2011 • CONSENT CALENDAR Items listed below were distributed to Councilmember's in advance for study and were enacted in one motion. Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Bremmer, to approve the consent calendar as presented. The motion carried, 6-0. 1. Consideration of Minutes — Regular Session, October25, 2011 2. Consideration of Payables i. 2011 Payables — As of this date, November 8, 2011, Council does approve check numbers 34270 through 34321 in the total amount of $84,518.65. No payables checks were voided. ACTION ITEMS 11-11-01 Authorization for the Mayor to sign a Location Agreement for placement of a Healthier 4 U snack and drink machine on City Hall premises. Presented by Dana Barnard, City Clerk Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Bremmer, authorizing the Mayor to sign a Location Agreement for placement of a snack and drink machine. The motion carried, 6-0. • 11-11-02 Request for a fee waiver for Eastmont Youth Baseball. Presented by Jeff Morrison, Code Compliance Council Action: A motion was made by Councilmember Bremmer, second by Councilmember Buckner, to waive the fee for Eastmont Youth Baseball to remodel the concessionibathroom structure at Eastman Community Park four- plex baseball field. The motion carried, 6-0. 11-11-03 Memorandum of Understanding between Chelan County, Douglas County, the City of East Wenatchee and the City of Wenatchee for support of the Fiscal Year 2012 Statewide Stormwater Grant Program application for the project titled "Wenatchee Regional Vactor Waste Facility Presented by Don McGahuey, Public Works Director Council Action: A motion was made by Councilmember Buckner, second by Councilmember McCourt, authorizing the Mayor to sign and execute the agreement. The motion carried, 6-0. 11-11-06 A Resolution of the City of East Wenatchee approving the reserving of proceeds from annual increases of property tax levies resulting from the allowable annual 1% increase and any banked capacity for specific use for street improvements. 40 Presented by Nick Gerde, Finance Director •iurpuaa puooas of aouuutpao aqI palnAaia X3u7 aoXuW •opaaD xoiN `aoloaarQ aaunui j Xq poluosaad i I OZ and la2png aagoluuaM Isug agI Ps gatgM 6I-010Z aagmnK aouuurpap Ouipuauzu xmuuipao uu do 2uipuaa Isat3 80-1i-I i -2mlaam pounoo ,lr0 `1 i 0Z `ZZ aagmanoN aql lu ploq aq ll!m 2mpuaa puooas •Idopu of gsim Sogl auo all loalas pue aouuurpao gong MOTAaa oI amtl pounoD nmollu of 2uipuaa puooas of saouuurpao asagl do Cue alnAaia of pualui lou saop aq pappu aH •amil auo It, suo.1do aaagl gl!m poluosaid Suraq si pounoD pps aH'ZIOZ and �Cnal xe1 �ilaadoad aql of fumrelaad saouuurpao oajgl do goes do ftpuaa Isag puaa ,Cowl aoXtW -MU-1 alulS do suoisiAoid �4aadoad possassu olulS aqI puu /laadoad of sluamanoadmr `uoilorulsuoo Mou aapun lunoum aql ui pamollu oq Cum goigm osuaaour Xuu 0ulzuoglnu puu auaS xul ZI OZ aql ui paloalloo aq of ,CAal xel filaadoad auln2aa oql Surzuoglnu aagoluuaM lsug do flip oql do aouuurpao uV -LO-i i-i I •auas xul ZIOZ aql ui paloalloo oq of .Cliouduo pa3luuq woad 2urllnsaa .CAoj xel �Claadoad auln5aa all ur OZL`b8$ do asuaaoul uu 3u71aoglnu aagoluuaM Isug do flip all do aouuurpao ud g-LO-I 1-1 i uva,k xul ZIOZ oql ui paloalloo aq of XAol xel fgiadoad aulaaa oql ui luaoaad • auo do osuaaour uu 2urzraoglnu aagoluuaM lsug do Xl!o oql do aouuulpao uv V-LO-11-I i S2[JNVNICrdO •sluauzanoiduu loads and asn ogpods and fq!ouduo pa)luuq Kuu puu osumour %I lunuuu olqumollu oql uroad Buillnsaa sarnal xM fp3doid do sosuaaour lunuuu uxoad spaaoorddo 2urna3saa aql SuiAoaddu aagoluuaM Isugdo ,(l!D ogldo uoilnlosag V 8I-I IOZ 'ON NOLLf1'IOSaI 0-9 `poirruo uorlom agZ •sluauranotdun laaals and asn ogioads and f4puduo saiAal xul flaadoad do sosuaaoui lenuuu woad spaaooad do �?uiAaasaa aql 2UTAoaddu uollnlosaa all ldopu of `aammaag aagmatupounoD ,Cq puooas `amlong aagmamliounoD Xq apum soon uorlom V mot aV paunoa uoilnlosaa agldo asodand aqI pogpulo kao-I aoXuW •uorlow all of puooas oql moipgl!m aamumig aagmamliounoD •uorlou► aql nnaapgl!m s)loiapuald aagmamlrounoD •unmuapillpa aq of uorlom oql and po lsu off •uoilnlosaa aql of uiulaad Iou saop opum uorlom aqI lull 2uiluls aapao do lurod u pos► i uoslnod X;)uiolly X4!D •uoplosaa sigl Idopu lou put, • sasuaaour ou glinn alur cures aril it, sox -el all d;DoN of `aammaag aagwotupounoo Xq puooas `sNaiapuald aagcuouipounoD Xq oputu suns uorlom V :uoilay liaunoD I IOZ `8 ldH9 IHAON SFI.LWW 'IION OD RHHO.LVN9M LSV9 JO AID D CITY OF EAST WENATCHEE COUNCIL MINUTES NOVEMBER 8, 2011 COUNCIL REPORTS Council Action: A motion was made by Councilmember Buckner, second by Councilmember Barnhart, &A4w. A h - " - `demand ie ing. The motion carried, 6-0. ORDINANCE NO. NO. 2011-07 An Ordinance of the City of East Wenatchee, Washington, amending Ordinance Number 2010-19 which set the East Wenatchee Budget for 2011. Mayor Lacy acknowledged Phones Plus, Inc., as a new business in our community. He added a ribbon cutting ceremony will take place on Monday, November 14, 2011, 8:00 a.m. at 335 Valley Mall Parkway, and invited everyone to attend. The following reports/minutes were submitted in writing prior to the City Council meeting. • Councilmember Buckner — Minutes from the North Central Washington Transportation Planning Organization meeting held on September 14, 2011, and the North Central Washington Economic Development District meeting held on October 12, 2011. • Councilmember Bremmer on behalf of Councilmember Barnhart — Minutes from the RiverCom Administrative Board meeting held on October 12, 2011. • Mayor Lacy — Minutes from the Wenatchee Valley Transportation Council meeting held on October 13, 2011. • Councilmember McCourt — Minutes from the Housing Authority of Chelan County and the City of Wenatchee meeting held on September 22, 2011, and the Regional Support Network Governing Board meeting held on October 3, 2011, which also included the Chelan -Douglas Regional Support Network newsletter for November 2011. ADJOURNMENT 8:10 PM Dana Barnard City Clerk 0 CITY OF EAST WENATCHEE CHECK REGISTER 2011 PAYABLES 22-Nov-11 ECK NUMBERS: 34375-34446 rOIDED CHECKS: none DEPARTMENT/FUND ACCOUNT NUMBER AMOUNT Current Expense Fund: 001 000 000 001 000 001 001 000 110 001 000 120 General Government Department 0.00 44.45 Legislative Department 282.73 Municipal Court Department 1,346.34 185.62 1,337.00 City Clerk Department 001 000 140 Internal Services Department 001 000 141 Finance Department 001 000 142 217.20 001 000 145 1,394.22 Legal Services 001 000 151 108.66 001 000 160 50.00 Central Services Department 001 000 180 1,672.44 Police Department 001 000 210 14,873.20 Detention (Jail Services) 001 000 230 29,120.90 001 000 250 - Engineering Services 001 000 315 897.32 Planning Department 001 000 580 147.88 Code Compliance Department 001 000 590 154.36 Agency Disbursements 001 001 000 75.00 Current Expense Fund Total 51,907.32 reet Fund. NPDES 050 000 312-050 000 313 7505.28 Street Maintenance 101 000 420 3,344.97 Street Administration 101 000 430 1,116.89 Street Construction 101 000 950 - Street Fund Total 11,967.14 Other Funds: St Imp Bond Redempt Fund #3 202-000-000 148276.25 Library Fund 112 000 000 83.79 Hotel/Motel Tax Fund 113 000 000 - Drug Fund 114 000 000 - East Wenatchee Events Board 117 000 000 1,451.00 Street Improvement Fund 301-000-000 - Capital Improvement Fund 314-000-000 - Other Funds Total 149,811.04 Grand Total All Funds 213,685.50 • 0 1 Fund Transaction Summary Invoice Fiscals: 2011 - November - 2nd pay November 001-000-001 Sub -Department $44.45 001-000-110 Sub -Department $282.73 001-000-120 Sub -Department $1,346.34 001-000-140 Sub -Department $185.62 001-000-141 Sub -Department $1,337.00 001-000-142 Sub -Department $217.20 001-000-145 Sub -Department $1,394.22 001-000-151 Sub -Department $108.66 001-000-160 Sub -Department $50.00 001-000-180 Sub -Department $1,672.44 001-000-210 Sub -Department $14,873.20 001-000-230 Sub -Department $29,120.90 001-000-315 Sub -Department $897.32 001-000-580 Sub -Department $147.88 001-000-590 Sub -Department $154.36 001-001-000 Department $75.00 050-000-310 Sub -Department $29.25 050-000-312 Sub -Department $2,030.79 050-000-313 Sub -Department $5,445.24 Sub -Department $3,344.97 •101-000-420 101-000-430 Sub -Department $1,116.89 112-000-000 Library Fund $83.79 117-000-105 Sub -Department $70.00 117-000-400 Sub -Department $266.00 117-000-500 Sub -Department $1,115.00 202-000-000 ST Imp Bond Redempt Fund #3 $148,276.25 Count: 26 $213,685.50 Ll Execution Time: 10 second(s) Printed by EASTWENATCHEE\tallen on East Wenatchee - Fund Transaction Summary Page 1 of 1 • J � 0 v LO M O N fl- V LO O O O CT M LO O CD O ul9 EA EA EA N N N 69 69 643. d () 0 U) (n n z p(n o N a> c CL co co U U -0 � U U cn V) N T T L 0) E m O z O O o 0 o000 ' 66 d) 6 C co M M Ln L9 Lam() LL9 V00000 y T cV 'T V C O 0 0 0 O Z cD CL � M C � N cn co E O Z T O T O M N C M U 'O C O U a V 0 0 0 0 O O O O 'a O O O O N O O N O O O O> (Al 64 Er-i 64). LO U') U5 O Eff fR M M M M L d U C E `° C > C: 0) N N z E E E m 0 C C fl- i m o 0 0 0 a U U U N CL L 0 7 LL 7 LL LL d m E d 0 z 0 0 0 0 0 o 0 O o 0 ' OJ O) N N N �Y co M V M O O O 0) O O C O N V — IO T — 00 LC 00 O N 00 LO Q) = LO M LO LC) c Ln a) ") E LO >.o o mo co 00 co c0 3 co O t)T V) L N wN L N CLO l6 00 O O O y 0 O CL CD O O KO U)0 0 00 0 70 CD _ r O v=O w0 OO N wO N w0 N o LD 00 a- O M N O N Ln CO Cl — N_ O CD CD* O O 00 O M `' M w N M 00 N M m N 00 N N n w M w V r M 00 O +�+ N H N H N H N f- N H O M V M C cc r- H U fa M '0 a m E O O U O >, CL a C. 7 H a • • 10 N M (O O N M O M c") (D (D ^ ^ V � O co V' 'IT I'* LO M O w (O V M N N LO to oo 00 CM M N N O O (O c0 co O Cl) (D O Lf) T M P") � r 66 N N rt It IT 00 00 ko N O LO O N (O V W N N N E9 V 6R !A 6-3 Vi Cl) ER Cl) cA EA V! EA fR O di fA ER cR fH � N d9 U) CT f0 a rn u'1 v N O� .-y O CD N 0) 0) N 4) 0) N D .a m aaaaa a) m -a LD 'a a L a aanana a a a a n (A cn cn <n c4 n a a U) U) cn U) o CO U) C/) U v m w w 2 U O O O O O O O O O U) 0 O O O a000000 0 0 0 o Qo 0 0 o 0 z yo0000(D Cl) Cl) Cl) Cl) co co (D Cl) M y co C. M M M M LU Y cl) OMr-- O� M M �M �Lf) y(p (O 0 N Cl) Cl) (D (D rl- � Cl) M M H (O _ (D (O Q i N N N N N � N +�N C-N (V N w CM Cl) M t V CL �t T 0) (f) Lo Lo U-) LP) Lo Lf) Ln 3 In _mLn 3 LL) Lr) y U) �O 7 M N N'IT N N N �_ _M Cl) d _ O N N >,O _M L666666 C'O C O C'O O �O 06 O C•O d O a m O O O O O O O O O O O O O y 0 .0 O 0 O N O C O �O C 0) O O 3 0 N O O UO r' 70 3�n >Ofp0 �� rvo V Ln000000 Oo-----N 00 >o L� Yo C.� co w >o C.� cvo rn� > Z o >, CDLn N co a M 0o u') 00 (0 --; :.. M cn w CD— M r` CL O CD to CDO C) O) CD0) "` M M N� N w 00 N n N N 00 ti N M N 00 00C N N O O to fD O O rp rp (n w O rp 00 la 1 Y Q) Y O Y Q) 0) a+ O Y Q) c) Y Y L Cl) - N Or-- H N 000 H N or- H N on H N or- H N or.- f— N ot` H N o f— E a) O c D O v N o u6 E c 0 u x Lu • N N N N C) M CO tD I-_ f- 0 00 O O O O O T 0 to 6) to V N N to w N N 00 00 LO 0 ti) to ER 69 b4 tR N N � le EA tR Ef3 tR EH 09! M M ti r- Vi V9, N N � N (D N n a OL a a a to to U) U) to CO • O O O O O O O O O O O O O O O O O CD U) M M M M M M Y N U-) LO LO LO LO m O. N 4) a N N U) N p. N tV M � lzr LO L it) t LO O O Q.N y0 O m(14 'T y0 •� h V N N x tU0 t�.0 CO O mO O �t7 CO 4)O y O d0 00 tv0 �O �O w0 �O w0 O N - m O 3 0 C O C O w > t0 R �J O '+ V Z rn LO 0 L fl O M 000 0 00 00 4m 70 C N N w N � N� N cn N co N Q N O r w 00 w m L ; co •�+ 0 Or-- +�+ 0000 01- 000 01-- 00 01-- 0)j On - O N i— N H N H N O V O Z O � O � 0 00 000 LO N LO to co 0 00 00 M M M M N N N N tt3 ffi ti> b? N (D U .0 C N C d O Z L co R O06 Q U o c '- N C fl O N ' v � d � m to m E a O is o Z C O ' O c0 U O > O N C OL Uo_ � N LLL O O O O O N O O M C M d t0 E ti FO- U M CL a = a) cnre O Q Q 0 y H Q rn 00 tD M O N 0 to - N H EI m O H J 0 W. 19 0 0 0 0 0 0 00 0000 'cl- nr O to O O 69 !R VT a n y 7 7 _ Q Cr N W W L 06 06 L N y 0) E H O y @ c0 • z cn cn � > y (n O. CD y m c m '- � � Q m C C cn N y 0 y C Z E o O T T y O 01 O 0 CDN CDN m LO >+ IO fC � y LO �O 0 N L9 C L? L m O M O > Cl y O C O O E U o O Z T T N ca C N c w _ co N 1- LO - L N O N O E a) O Z u C v; � CD N ZM N cc N M Q Q LO LO v) un CD rn rn 0) N N N N r- I-- r- r M Cl) M M (A fA ti! Eft L N U c E C: C N N 0 c z f° CL ` c a N rNVU L LL d �C C 4) > O O z O T L cb T +-' O N 4) CO d - A T V O T CL O N O O O m O LoLOLOLn vvv� () M CM ER 69 Vi tV) o O 0o 00 0o 0 0 0 0 O O O O T T T T EA V! !A tH d E O z m a a) C > N N L d �C i d O y O z C O r) x a'7T O O O N 6 7 a+ � O M � O > N tC w O O O O O U o N w r- M T N co O M H C C T 0ocn O M +�+ L m Q L d d N d m 0 T c 0 a"i 0 N E F- c 0 u X W • M M N N to CD LO M [i t 14 CD to CD O C14 EC\l13 ffi fR Efi V? 6R 69 69 69 C (D a E U U U Q > @ @ @ LU Z O _O O n • >4 16 Q Q Q O L L L N ' N O O O E L U U U U) 0) da) > V C O Z 0 o mo ;o 0 ' o �o 26 LO (V m N O N O M 0 O O O — y N .- C > 7 L ` O C O_ r N N c N CL • (DO y O _O U O QO 06 y CDp�jO O E E — >, w c a)O L Lp v�O M0 0-0 N0 Iro o=0 c z m >1 m O 0 O 0- C U O DOO C) 000 O DO0 NCDa- O lC tt R to i0 m U H 00 F- 00 H 00 H E N Z i T y 00 O M C M W 10 L • C d E m O O O O O O O O O O O O N N N N EFT 69 61% 69 0) � fn U_ (D > a) Z >+ l6 c OFn CL fl 'O C () CO 0 � N d p m a. d E > a) O > O Z �o _v o mod N Er O N O O UP O d N O Lo L r O y N tD 'a O .- y �- O N > N Oo c Z O N � N m O m c V — > 0C O H d U N M L co ch V U) E Cl) U cr L > M v L c M M 10 N M y a@+ C fA M — c — co d M 76 0) H y 'E5 M d O .�+ m N n a) N Q m 7 O m Y m y ++ O w +. C H 0� H U O O O O O O O O O O Cl O O O O O O O O O ER 6R tR 6R d d Z u O ) p O N w C � N U O Q N O O7 O cm d � � O ti M U') M m M F- ca m m O H T c O cu O a) E O V a) w n �J LO co M M is O O O O O O O O �r I I I-T N N N N b4 6R 40 60 O p p p N N N N c0 cD <O fD 40 fA 6R 69 60 L E d O z O. - a a C � N U) N E d O O z o m Cl) EO N m co L N V m U') EO O O O U� rn v co O to r LO O r � LO co M m M U co m w z O M 0 0 V M Y N Q L m � U � lC H U 0000 000 0p Op0 N N N N r r r N N f- r- fA 69 tR to H? 60 N N ER 69 L E N O z R a) C - a C :3 N W N E N > O O z o ' o r M O O N _ f0 M L Ln y O M y y O O CL O C..- yo N LO LO O LCN O M LO jp co F- to U 00 z Cl) M V � +�+ co F- M a m u N U cyv � U d I-- U E U !2 y O > O a z N N CL > .a C _ O N d O Q E L U d Q E N > O N O O Z �O O r po 0 rp F. M p O O C ( V N M M M p M +� �} M Y (D C'') r-- LO U M _O 0 M _N M EO O " O N O U- o r o a U a L v V M M LO 7i --t M F- M F- U C fl- r 00 m cn L � M C' N co a M +� O CO N �. M m c ms m m 'a U f0 I-O U O N O 6 E F- c 0 u X w • 10 Ootnti Ooo0 0 0 e- M M CO i0 fD !D LO LO Liz N 61) u> ER eR N N U7 LC) V) 40 VT U% In N to IA N N N N M M M M CM MmM O O O O U) LA 1n N N N N N E9 60 6-? fH N C O O d � N � O) C d N O O z O z O 2 >+ cc T R 06 a (n a m C- N _ N o CO N d N (D O O O O z O O O z •• CD O O O N O M � C? O N O O N d 0 C N M M N M Uc� mM r0 �oo w� Ocn N U O w CD N V O� O O O LO � V O O O C) 2 p 0 CD co ul C N CD O ^ O � 0 O 00 t— 00 M) O O N O o to M co co I Ul) I-. V C LO CDw CD N O Cl Cl+�+ M H .+" 000 H H t6 O _ z Q co cn wQO co C~ MRz ` O Q d M �Uo) f0 C CO f0 Vl O O w U j W O a0i 2 U U U tD Q U lC N I—O H U N f� O CN O O cn m CO _N 00 O O) I` h EA EA fR N N H3 wv fR tH d co y ( C U O C E j C G) O - N O (n d �+ c 0 otj a a� V) c N = OCL co ` a LL 2' N E N O z O O O O O O _ _ C6 O O O O_ N CC) N CO U) y .) o o m o_ p N O O ap r 0 N O O O O O ++ O O D O O V O 0 0 0 0 O O QO t- t70 ~ IOA N N O O O o O tD ♦— t0 f•- w � CL 0 U m N C U m O H 0 O N a� E F- c 0 j X LU • E N O Z co a C N N E O O z C) N • 0 0 a) E N > O Z l0 a a c CV i N E d O Z O N oo0cc) Ooocc) occ0 www OOOOOOO0000(DO wwo O O O O O O O O O O O N O N N N O — CD U) M LO LO O M m CO I- r-- r.- r.- n 61— (si (f3 tf3 Vi r O fA EA V3 Ln oli W W W Vl� Eii Ff? U9 N N N EA V3 to a) U c O @ c c c c c 3 (n Cn Cn Cn U Cn W En N 0 N C C C C C C C C C C C W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E cc (O (o cD (O (O to co CO (O (b co (b y 0 0 0 0 0 O O O O O CD O N L? 7 N _7 N 7 7 M O 0 Nd,I-LO -w NNOMI- M N N M LO Cn q Lo U) U7 L? U7 U7 L? L9 U) U) Cn LC') Ln U? COOOON OOO Ln OOO U') d' O o M CO (AM O Ln Ln — C 0 O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E �Cp0000000000000 _ Nc 7 0 0 0 O O O O O O O O O� —0 c R a y O C N CD a LO c � N t w w H ,It vvv oco00ao 0) ci � � co co co co (A V) 643 ER N N U m c C co fU U O N a) � N Op U 6 Ov rn0 a C � i co a m Lo w V O CR co � a O O �.j V O N_ ' t0 c a (D N � w m a) c V > "m C O H c O M � � V M O M } a N W q +0+ LJ ate+ M H N '- Cl) c R O� U V �fA � ma U v a H U rn Cn aD m 0 0 0 0 O000 �O 64 V)1 64�. 6�9 o uu (T m tl f Q CT Ln V' N U o N O rN n m C .may 'E c o � N w w 2 O U Q O Z NLU O O to Q LU N `n c .0 p y O a � O `- O Uo C) co m O O H m CO u 7 a W rn M ate+ M n m cn -Fa O 0.2 N Ln H � � a. v E_ m F- a O CO - U � _ V X O "' H • • • M M M Cl) LO Lf> -- M M M Cl) LO ui LC> Ln 0� O 6) O O LO Ln Ln M M M M 1l- r-� f` ti �o O O O O LT M i r M M M P7 �f.- 1` 1` N • 00 co 00 00 LO LO N N Cl) M M M Cl) M L"Y M Eft Hl E!3 K> co M LO LO N 00 co co 04 49 d9 40 O EA V! V! to EA 40 fA V! p) LT Co O_ Q L_ a) a) a) L L L E E E N ti O O O • Z Z Z O N T (n r CL O. CL75 > j j C �- C CL c ' N N O' 7 N U) O U) L L L L y w C N N C = z xo do o-o 0 Z �o 0 z° o H OM xco x a)M �O O w a) v N a) M M p N w' O O O w ++ O O .- p N w M M p N M m Ln L O ' L w LO L LO � 0 co N LO �O j0 r C N w N N 7 M V c Q) O 00 00 O • mC) 0? �O �O j O L � m C O L 010 � R' O D O O L >O LO h O w z N O Ln O. LO 1- N O NW) O tD L O e- fD L19 Q- M M tD M ifl co U LO COp -O N O p 0 N C O N r- O N O_ O IA V 1- M O N M r w M U O r E O f0 O M O CD O - O t� O a> L09 O N H N F- N H V LO> H U C1 H O L LO U CD C rn Z M <") i M L m m p M C M� M O� lC a1 C 0 10 M L) 'C (n lO W O 0 a) � OCl) 4a) M a+ M �.+ N M H C C Cl) H V Cl) H d lJJ _N m C w R d O _ C E •V E C w v E U 0 U u E E x O Lu U H U F0- U f0- C� a I•- N N N N 0 0 0 0 r- N N N m O O O O N N N N r- 17 17 T7 Lp fp fp Ln 1n to r O O O O V le 11Ict M C7 M M O C1 O w N N N N LO LO In W) f� r-� ' N LO LO LO LO w N N N N LO LOLr) It) �t It <D 0 0 0 00 Hi fA fA 69 - V- - 4 to 6FJ EH 49 69 fA a-- p EA fR V! tR b4 bf} 4RT 49 N 07 ro a a) a) LL L d a) � L d a-+ _ E L m L m L m ¢ 01 Ln E C E E E E N c y 0) 0 Z O Z O Z O Z CO O Z T o to 06 m a a a c a . y a a c a c g a c L y W c c c c ' N N 00 N m N 0 N CL m O • L L L 0 L m ` U d m .0 m O +U•, a)m w N w () a) N O d d = Z OO Z W p Z Z OO Z p ¢ ' ao 47 a d di V L o a N o O w p VO p ZM C? p mO p 00 p O Lo N 0 7 N N R O d N QN N O ¢ CN C M OoM 00 N " E' 0 U_� w �LNn fnLn Cn W LO 0.0 VCl)d a1— a) y N 0 M � o0 �+ Ln 0— 7 C C. N L N y 0 O ch r 0 O N C V N O O N E O c� M OO O (V a) Op CD•p a N • -V mO EO o CD 00 O O � a0 E 0L ao��o N V a � >O wCD N O v�io z CD O (N N T O M a1 UCD •0 a0 Lo Q. fD N r- tD M C C14a N N _> U co a0 N —cc- 0 2 c0 � LO Cl)�0 L CD N O CDco O C O w O W a+ O N H N H F- a0 H H E E J J O y E QI 0 E Cl)O CL >` J z M M C) ' y DD M y Tp >� M 0 y A Wcn toM CDenC .. M cn V p N� O y p� O O��t Op .. N N yM F- f/1 fUM dM ~� FO-•—Z �� ~ ti >, m W m E y y �'o Ed �� O a c E N C D CL fC Q. 0 E c L 0 m a 0 co 0 0 u 0 C 0 �v fl tv E �v X 0 0 W • • W 0 ♦J > '+ O AV, z W � L � "a c N L � CD Q i N V O Z i `J0 0 N O O O (D 00000 LO Lr) LO O � r- P, � M M M M 69 V) 69 !A L d �C E d > O Z m Q 'a m c N Q N L 0) m O O Z 0) O ' c � •c � O LL6 O Q N y N M M O Q (A 0 O O O O) M in r O 4) O CD aj d O N > Ln Mom O +'O e- N � LO � N � U r• 'o > d C U > r C O H FS ►1 y L d �C E d > O Z m C. c N L 0) m E 0) O Z O N U N J vi M V M m >"j O ~MNCl) <) m � O C � � J O 1- W O O O O �'t N N c0 00 e4 14 LO O O O co O O 0 0— �- f-_ !.� r r,: 4.4 O O U") O O) O) 00 00 00 00 LO O m cA O O LO O O LO EA 69 EA 69 61) to � el� 6� FR 69 tR 49 L d L d �C �C C E d d > > O O Z Z c a) CL U) a a a a a CL a N d Z 0) N E E CD O 00 DO Z Cl? M c`") O Lf") p N M — co (D 0 O O p N L 0)N w LN M Q 0) O O CO O >O —0 O t O 3 O LO O U E O U O C O o�W Oo� too- cn0 FL ��c U CD LU N CD .0CD0 0 0 0 ti N O n O h m M h L V O 0 — m le c^ cn a) _n U O In c J N N Cl) U O ` d O V m y Cl) cn t � M � O 0 0 O 3 C Cl)O � j N L J 0 O O t i y LU W W LL H d Z t6 .r f0 O H Ll �- LL O O 69 69 (n 2 W 0 O O o W �W U) to N E In d O O ztt O 4) a- O O N O N m O N co � M � O co 00 M 00) Ln CD 0 LO 00 m CD LOH N N U') LO N N N N Cl) M 0 0 0 0 U') LO Ul m I N N O O (D O O O CO t0 t0 w O O OJ CO O O O O O O O O O O c0 06 06 06 N • 'ct �t C) m V It IA LO V l le v ER 69 Ef3 VT ER 69 w co 69 6.3, 69 60). d) 69 69 69 O EF3 69 69 4 T N ti v m �6 d a L L Lam!) v- E E N > (n () > • O Z U O Z y = o > c a) CO >, 8 a a .. a a Y a _ :_.'a 0 N N y O L Z L G L G L 0 0 0 0 E w E w O O 0 0 m m = O E O 0 0W CD 0W CD I?W CD0 0W Z i_ Z Q WV � �� L0 O Z LU r- vCO � Nw v!- La r- Nw vH � NW v �o LU ' CD CO C.?(n 0 (n O (U) n o N Qo Q N o N 2— � Q • N N �� O N N 04 to �+ w E'n d o a E� °� Eu? �� Q Z o O 'a N co N �� nj 'a N 'a N o N Lys O aUi ate, c O 7 26 .r0 00 CD O O O� �O w,0 O O� �O —0 `- 00 LO EO CD�O .m O d` L • a)0 N NO N NO N 070 N Qj y0 N y0 O ��CD m �� tc �� a' ��in� m _ > LO>. r"z°o� Yo > O N O r' r- O h p t0 O N MN N �N M N V z M CO Lo C W > N 00 V '0 00 to OD V L Q M 00 00 M 00 LC) CV to � LO V N :a >- rn w rn - >M r CD w O Oo Lo H� O r H HLO N i V O o 0 0 O M O M M N L C .. ;m o w rL 0 O L E Z J O y y a —� CD c O • _ x U _7 _ f C7 H 2 H w 0 • O E 0 Z (6 Q C N N E (D 0 Z r C) N v1vv Ln U) Ln U') r- r- I,- F.- N N N N 69 64 61% 611) d E d O Z T LO a C N E N N > Z > O � w �vCL o m _o a X N W r O LO a Q LO <D Op N CDr U) cn � r N Q1 O O r d O N r U) oE�� N r Ln m r U_ r o > y C V > w S o O 0 N N M M LOD LOD Ln U7 — r fD (D N N M M Ln Ln Efi 6f} 61). 60? 619 643, O � N U C E f0 C d U O C Z R 0 N a - a C a 7 N Q N U) cr- L E N O Z O N O O O r Uv 3� o o y Ln N c C N N .Low U� E —0 _O R N y IT 06 O y o ,. o 00 N O m a° o in o co LOn coo co LO M Ln CD co co m 000 O m O LO Ln O o 0 0 r r r LC) Ln Ln LO O O O O o 0 6 6 N N N N N N N N 69 611, 61i 69 6R FR 6f) 6:T `m E d O Z T LO U- CL n a) C C N j a E N O co Z O r � 0 0 N N O N N p No m r- O Ln �0 � O N r- R N E Y m L � Y ~ `m E d Z OL T L6 CL Z a U) C U N O N E N O Z A o L O r' w CO o �o N ql 7 d co Q O O > (n CO 0)O C �c o NC) U O r` rn M M N M Cl) M 04 jp Lei H > m m O 1 m r a y O � U M 0- 0 C N 0 U F-r- lC 0 LO ` 7 a L N U � Yd Y L6 LO LO 0 Y - F0 rn <Y O� 0 N n c O N w 2 V LU w V) LU t U C C O aa) N E 0 X w • 0 • TT I--ti Co 00 00000000 OOOO LP)LO 00C) M Ci 'IT ll� r- rl� CO M M M I- It It V: 't Cl WA Iq In N 00 CD CO I�r V O O O O O fD {D co IZI* Nt 00 00 00 N • tl_ t� CO Cl) r T T T T LO LO LO LO V CD O O O w O C0 N N T T 69 Vi V? fA 6R O) O O (D O Ef3 Vi 69 fA 09 V3� 6A 6R Uf - V-� 69 fA t9 69 V� '� CL a L L L L V) Q LN N m aEi m U a > Z Z Z Z Z oN f0 c 06 f0 03 E C^i a- a L a a o o U '0 c O 3 O 3 '0 c m C c - 0- -p c s C ,-, c N N N N N N a N >� O 0) Z 0) Z N N N LU 0) d 0) y E = O Z C O mC) C O mCD O Z o �O O Z O O O Z O O O H Z O 26 '- co O N LU r rt 06 ,7 T <0 � T m coT LO V- Cj C) C) O 06 O O � M CD O O LO• N LN LN N yr N 07(? N � Cbi Q 'gyp r CL '@ V 0) +' y 00 qzl- 0) w Ln a) lf') LL V) LO U ) O y� y T aN mM d0 V _ f4 U c ' QO a0 O 0 O +� F; d CD o J a` • �O oo Lo0T EO EO O O CD co CD - C LO V d T 0CD CD CD 0) U c)U N O J� O O N O Z CDrn co T L T m >1 r- LO 00 Oj Q C N E CO Q T T O LL m Uw U- U CD NE Z N N _ N O CD _ m O w > V- O LL O Cl) Z U H U H M Fp- N !O- H � E c> o w > N M a) U LO O O Z T r c c V 0) O T L � U) C T V in N M J a)M M V M c 0 M C r- Ci T lC J C o T IC L L o� w T 10 U 16 T 16 f O C\j1- U uicj� -p M F- Q c M Ho E c Cl) Ho E J L- 3U aE v w� m _ o CD w V7 N >, .+ O lC V f0 X LU `1 H J H J 0 H J 0 • • a J d E N 0 z >\ m O. C N d .o E d 0 z O N M O N v I- :` r- ti 'IT l r 00 CO O CD CD I CD to 00 O CO CO U') O Lf� O co CO CD CD N N V CD w r r r r CD CD N N 66 CD OJ CO tV O (n O 01 r r T v r ER Vi EA VT r r r r N N N N Ef3 fi? r r 61) Vk Cf3 tR efl 49 O b9 to V), fR ER K? Ln N O ra a C) rn Ln E N N � 0 LD ~O z >% a a a a a O � a nN m CL 7 CO 7 Cn 7 Cn 7 U) 7 =3 U) .--i ti a C U CLJ U U U U c d N C O cn O O O O O U O v d a)w > N U O O 0 z d 0 O O O O O O O O O IA O C O O Z O M M C? C) VM d VM N VM �M a.+ �M w �C? O O M N '5O O > CDO CD CD Lo d y ui d 0 y y Cn y to y C0 a ao ao a� CL Oa.� a� CL c O y 0 N O O y 0 y 0 y 0 y 0_ a0 O (Do 0o a) C) o O 0)o 4)O CD 0 o ao 3LO r-o r t roo t r o o no Oo Ooo Oo 0CD Oo Oo Oo CO r O r M O O M N 00 O CO O r 1- 0 r r 0 r N r N O N O O O O O tiO_ COO n O n O M Ln cn CD 0) "0 ON MO Nr NM N1� MCO M N O CO M CO O 00 r O V 00 N CO r CO C U-)L O� O M O� U)n O O M O CO N w N N M w M fa +�+ O O O ate+ C) O CO ems+ O CO 0 CO ate+ O CO - 0 CO 0 CO O w r Cl) C r o u H 3 Cl)ti H w L 0 N E w d C O V X Q W • O (D (D O O LO LO r` f-- O O O O to LO LO LO CD <D t0 w r` r• LO LO LO uY t0 w O O O O (D W w to N N N N Ln LO 1 M OM O O O O O O r` ;• t` O) oi ci (5j Cl) m N N 613 fR co co O O O O 00 60 66 co di to Efi K? �i 60 EA � tH tH EA tR W. M M M M M Yf 0% Ef? tf3, a) c 0 m 0) 00 o. - n z =3 z g z c > CL > c o6 C6 (n (n a m O. O Q U U c — N (n N N O O C O E o o o oo z N ' O zpo N 0 o z o0 tm � � y m V M C M v rno C O V fn0 -O CO �� p 00O 0 Op a p Op �o_D O� Q.- Q00 Nye N jN N oA N N CO7 0m YC14 0) LO LO o �n -M d LO N _ It 16 Un 0 C)QO _d QO O a- N V m 1 C. O.O !n r O m e- OO V V1� NC) 0) 160 w LO �O N CO O V O O 0 .00 O O O O C O O Y LO V O w+ CD300 000 000 ao ` 0 00� M N w m N w _ LO O CD M O C) CD N O CDCD_ M N U 0 fD M M O 0 M O M M 0 Cf r` c coCO co W Cl) w 0 Q N .-• c f• M w 16Cl) Y O <6O Y i6 Y M e- l6 Y v O w T 0 16 �. co F- co w H NF- CO Q Q 0 0 z F- 2 � M O QU z U 0 0O Oz 76 Q 0 O J a rn� z M = V O f6 0 C N F- zQ a M O U O c Z U O m U i6 m Y C F- O c O v Ln ai E P 0 J7 u u X w • • J • N N N N O O O O V It It It CO CO OR OR O O O O CO CO CO CO T T T (o w (D w It It It 11 6) C) CA m (o w w w 6) m m CA O O O O N N N N T T T T T T T EA 69 !:> t4 ER VT (A f/i ER 69 IR 613 d E > c Z Of C O a E � n c N � L w a7 m E d O Z p A T O L M N O M m !c9 LO U W co O 00 lfl O a CDLO O O O N O t0 O TO Im V7 R lL d E d O Z �a n. c m N p 6 L 2� E w c CD > C a Z y o 0 T > T M o >+ N a+ to r � N 3 C � (n ` N T O w j, O L CD R a +' m O c C� O A L U d w N Q mco LO N r CIA m H C ONO H y a) U N �Z N M a) Cl) f6 M N N ♦+ L a7 O O — O U od L � N Y C a x a m Y O � :3 4 N N N N T T T T ER !A to fR m O ID 0 0 n 0 m a 'n c 0 N r-I E c 0 v W • • NOON 4000 0 0C10) Cl) m m m co 000000 O O O O O O O M Cl) M m O 0) M 0) O) Of M C) M C1 O O O O C1 aoN —cANNN N NNN N NNN — o EA 61) EA T-� T-� 64 tR t9 69 Efi to tF* to 64 till 69 64 03 v m CL a `m m d m °n > > > > O = O O O o Z _ Z Z Z ry M N cn R m M a �a> a a a c N -_ --= c N O> c N > co c N a� c O Q) 0) C N d LC .QC C Lc C C C 0) E 2 W > > r > c > O 2 O Z O O O O 0000 O Z O O O O Z a)0 CL O Z C 0 ¢ (D ' x0 0) M ' Y Q7 w p N O M: O e- CO c0 � d p N c O 0 Lo p N +-' 0 O 7 N •' y 0 Q a0 N N N �„r.� K N L w a L? L?- �� cU OL 0o007 do •co Qo O V0000 0 �O d 0 N y 00 0 0 N jpp i o j 0 LL o O cc V O CD ` 0 O C7 0 O Cl) 0 O CDp- W O p Ln 0 N a) I- co h O O N �- U 0 C M 00 N O C > ^ 00 O) (O 0) C V co M ti N d > 00 T c °r° v a F- c � LO 0 co r� +_D co h. N N N 7 cn N Ln O N •� 00 O N N fa N M H 0 E M c 0) H c M I-- y •--, 7 O >' �p M all •lC 'C C C f0 f0 c aL > Ci �_ O m CY 'O •lC w fC fC X ate+ ��„ w a' F°-C7 F-O F-CY L�l • J I* (O w co 00 1.- I-- In LO N N � � r-- � 00 00 U? W? O O (V N r r 00 C O O O O) Y7 In O O (O w M M N N (D w Cl) m N_ N w w t� t.- N N '7 O 11 a0 00 LO 1n O Efi to r O) IM It r r EF! VT r N N N N U9T <i1 W)W) EA fR EA 64 di Vi ff! 6.> Ni fif d E N O z (C N N a) a) CL a"i a�i a�i n a a fl. - - d - Q d d M O cV 0- cn cA cn ' cn cn cn d �c C d > O z o 0 0 0 o O o o o O O o O o ' o 6 6 6 6 6 6 r M M cM M M ('M c? r0 co M M (D Y (D LO N c? c? (l? CO r (0 C I� r- 10 t 'C V M M (2 O U Cl Ur O O r c? c? coy N"j- N COO EO EO Ep y0 r.0 O O NO o `p0 `p0 uo d +-'Lo +- LO p0 —LO d0 ti'O CL mC) �O cn o cn o cn o 0 0 ' r a (O r- co Cl M O M LO �t st 'cf v IRt w CD N I- 0 c CD ul O CD CD N - N O N M N N M v w w t r Y V O O O LO O C ate+ 00 Iq O O 00 w O O r O N H N H N H N H N H N F- N H L L) � U � C E d O z m co ai3 a i c co a N NW L LL d �C C d > 0 O z O w r � r O O N co LO O N co � O 00 C r O O r cn O O r � O M L,; N Lo v P'1 r N (0 O r � O C) cu m �a a 0- 0 E C 0 x x w • M M 'T v LO LO O O O CD CD O O O CD O 7 LO U! M CM N N N N O O O O O O O O LO M N N 1n Lf) Il- 1- ti ti LC7 L(i ui L i O O O O N • M M Cl) M— e- co <D CD co O Qf O O O O O O w. LO LO � ti a- e- cM M M M O EA ffi EA ER K! VR EA fif !iT V)i 64 tR tR 69 (a ER). </! tR p N N Q a c `o g Q rn 06 Ln v _ C c D7 C C N � y C y y Oi N O U O O <n • Z Q Z Z O o N N a a a co Q c c c cCD C U C � Q N 7 N N Ln O .(DO N w V O O O Z OO O Z p O Z CD O Q O m O N 6) w M Cl) M M _ M O N M N O N y 0 p N O m U N t6 C> Vl ' w M CM c _ p)N CN T iL NLO U7 CL9 YLo p f-o CD �o o cao o o •-o rno mCDoo a` LO E m uo a- 0 E J O O W O p O � _ O VO CA j }� z z N O M M d CL O M CDM N co � W L Q ,.: O N M N CDO N tD _ �C N n co7 N Q N M M n fn ,.. N .�+ N .m + �D O r�- O w LD w W N .a N H O V O M M a)N Cl) z O T0 M M O C,4 M M Cl) c > O V O i y M rr V v N H O M H O M O M I- CDL 7 y U Z O Q m d — 'C w y rn _ N a c l c w Q is x f0 + W F- U U) F- • • J lu 0 0 0 O 1I- 1` 1� r-_ N N N N O O O O M M M V" 0 0 0 0 LO W) 1n IA O O O O (- 1- h I-- LO 1n to LO CO tD tD tD N N N N bq V> Vf V> T T T T N N N N V> Vi k ! V) fA VJ V/ VI• N > > > �' • O Z Q O Z p aj >, a U) >, a c co E c c U N L N U m E E () a) O Z 01 T c 0 O Z . O O N J C) d N fs O Nr-- dIn M 0)M O� y 6 y 0 N • O O ` (D a) C Q QO 0 (N _ T z In co 0) T U 00 0o d > c 00 0o cc w Ln C CV V f0 "' N 00 T <0 �� ++ N L tD L a+ ♦- E ° ai 3 z o L z o c i C) Z M M C)O CCL M N M H M a m � Y c� c (D w y m ~ � Y N O U') LO N IA O N N N N O co w w w O 1l_ I` 1` r- O CN N N (%A O o0 0 C 0 c c O O m m 00 E N J � O O O z c a m �w a a O E in a) N ` � C CD m E d Z O O MO m T W - p c O O N 099 19 O M rnLO Lr) boo O O O O O N O O N c N N C 00 BOO O O T � N T C T ` O �- N T c6 O O O O O � 4a m` E d O z � m Q c ate) N L a) m E a) O O Z O T U � T O O C)N Z T V' �L? c 0 d � 2 O U C) � T 7 ao a M O T O O T ,1-: - N N O O Cl) m LO In N N CD w M Cl) V 1� 'I M M 00 00 0 (7! O O O O CD tD n n Ntlo: lT C) t� 0 M M O O rt Nr 0) 0) 00 00 (D tD N N 1-- 1- N • M M 00 00 O tD Cl) M n to tD (D (D (P) U) - - M M N N N N to M H) to N N C) M bt) to bpi V3 N N o tf! Vi 60? tR (fi 443 V► 69 U., V? to 69 N N N t71 m a L L C) LLn cc U N N m m N o rn v O O S Z tll Z Z o N lC lC 06 E N -+ Y Q Q a) Q 3 N > > > c o a C:' m ca (� N E O y@ C C r W d > N Q d � O w U C)O O Z O O N C)O V) CD U) C)0 Z C O Y O O O O O Z O to CO N CO a) t''� E C V 00 RV t7 O O M w •- >�t m d a) E w d d Q HN N Ko M KO i�O n N C� M O Q n4 a) to C M r co N w w t.t) d to N d C (NC') l7) d C u M O) to � (M O �O 4) N N CO CO M r0, N LON to N X00 yO L O C N r 0 0) r 0 M 0 0 \ +_' t5 _Q Q O OO t1 • y 0 C a) 0 N O d 0 C O N O C:) L N -d d p.0 E > �o �� tn�� In�L to 0C) 00 c mtLn �o O O Q O 0C> p U 0 p V O p '7 0 oo 00 U) 0 to 0 N N N �- C) z 00 tD 00 /�� W O ` a) ` a) ` a) Ur Ur U iD O t00 L Q 1 >j� j ccoo r ti Q c c r C r_ co 00 rn 00 W 00 N _� _ _ uj td Q tC Q t4 O R +' +' r N fC N f6 n t0 Coo H > H H 0o r I--r 1� H r H � FO- 00 coocoono ^W^ N C /i V O Z . m `O M C U M i+ Q in M M C ty Q O• t0 fn V 0 r a) C r y O Q O 06 'n N H U LLL M H a) M H y t0 (D X fn Q ..- cc) c w 06 n E CL > Q c 0)x F 35 N t0 > tp aU+ l0 X O O C r0 0 w F- H H C) 0 0 0 (O to (O LO W Co O O O O O Co LO LC) W! W� N N I,: N N M M O O O O N N N N O) Qi r-- LO Lr) N N - N 00 ry • TI�r It I�r N N 1- h N K) N N — c- w ER 69 in tR N 64 b9 tR EA en O 69 to &I, 69f 61) 64 V) M N N Q1 (O a y � E E a d d a) Ln E E E C C N () a) a) 7 Ur 7 Ur •• m O Z O Z O Z O O o • L6 a7 Lo L4 C6 CL =- C O C O C O Q L U) L co ti C C C L L L .a C N a) c N N a) O a) N a) N N (9 m c H U) F- co` (5 0) C N d a) .0 W Z W Z W Z d % O O O LU > > ; U O Z o o O Z o w o W d a) o W O Z o o o o a N U N U U N U w C?J r J rl J OCD CD C:) N CD C14O a a_a N 0 CD C? QUd • U Ln LO W 2 a- OU -7LO Lo � Lf) O d L�LO V)O a U N � CV O O )0 M m O C)N yv �o CQN LO O C1 D 41 C ` a •� O t oo a 0 ooso O. O 0o do o o C N C.j N Cej M O N C O` O E O N -O a)O t0 — =� a)O tD =� t0 m — �O d LA O Uf Ho o Uo �O 0o E �o Eo E(7o y,o m O N N N i 2 E R" y ^` T N a) a1 a) .y a) (n V O O Y/ L Q W'0 = N N cO a) C y c y � O 04 W M W Q N N U U U I-* co w C j —� w� r co w CO ., coo FO- H C H C H W H W H -0 cn E _ o .= a) /+ z O a) C a1 3 `') m M O C O y a1 y N O CN .. O a) H� O y� v° � Cl) a d ` O d N 0 F- c fn C� dH o • 'a = O i . : w fp •N l9 L f/) u X H > F- W U � 0 J � 0 O O O O O O cD cc LO u) cD cc rl- r` 0 cc O O 0 o O o 0 0 o o v v O o vW� W? 00 00 00 00 cc tl) d' Ict V st m M O O N • r r h r` r• In LO rl- r` m Of r` r• r` r- EA fH H9 cR cA tR EA tq cH H! cfi 4IT ER tR 6f3 64 M Cl) O N v o) m a U) U) E E Q N d dLn � w (D a) 7 7 U E (DO O ry O I • Z c c 0 N ca m f4 m E E a) a) 0)CL .--� Cl) ca CO > > a o_ a (1) m Q a a c- n w ca ca N = E E cn in U)0 o L _ _ v N y o E C O w (D O '� Co W DLU 3.H C S C) O O O z C)O Yj0 �O O 00 0 O O cp0 Q Cl) Cl) a0 00 w N C Z LLI O O r p d t N N N 0C M N c� - N O� N O O N Mc'`M inM NO �� cD0 Q • co � G 2 ` v� �� N 0)N �N w 4. t'! y� o� —)N `� 30 `� 70 `� 70 a+0 EO .+O �O O 7 CM pMU� O O o_ a 0 a 0 c0 N p 'v C) O 00 O 00 C c � N fC0 o q CD a r tf r 0 QO > �- y U' O 7 m C) 0) p r 0 W O cn � LO LO 0 J N r z T - (D w' CA N CA d N f` M O h Cl) 00 r r Cl) Q J N N 0 O O 00 r c") r r r Cc r r• r— 00 4m r W 00 O W > N C r` CD C') 0 to r` CND 00 04 (D r cNc V CD r r r M r r r r r M r r N co 00 00 M o� OCR O = 0w O� O� O� OcND O U W H W H C � rn — E C N a) U) 0 > > N C C M m z U N n M ` M oa M f O0 m O o .f4+ O ptj O fn V) C\jO ~ M ~ Q -0 0 — C 0) rn U) U E V% 0) C C • L U ' > O u « C u x O N p w • 0) O 0 00 LO Ln r-- r` o ao 00 00 v LO Ln Cp O 01 CO LO rl � N Cl! O O O O CO CO O ap r— co r- r- �h NN r-rle� 00 co 0000 OO) N O Ln Ln Ln V) 643. VA 64). O O It It It 'Cf Ch M w ER N b9 Eil Ef3 69 M C) 6fi V). 6:? 6R Cl) Cl) O fA 6R 6R tR ff3 Vi � N N CT f0 a 4) Ln C N a) d Q O p +�+ c > • Z Z Z cTa O cv 06 N 41 0 N O m 06 m a a a � •� a a a a a c �@ c m ' N rn Cn (n rn (n N O N c O L a) U v m y m w aEi c°1i = 0 Z 00 o 0 0 0 0 o �0 a o Cl 0 0 Z 0 o 0 Z 0 o ¢ o o o � 0) o � - - w O O co N COO 3 co () O� N �0 0 N 00 ¢ • N �N yN yN N �.- 4 w � Lo LLr) � � •y � n L X LN N -OO `O CCU a)C7 O W O L)O y yN� L0� LC4 'Lp� V �N ON .� i •= �Oo �O O ?�O O �C7 O O 00 LL O O =' O O C) O O d 0 00O o0 30 Eo O a>� C� No Q'L Uo >O M V z > tT O m cm O O N r, N le 000 -p N CO - N N � In CO N N CO M O QC N O N w to 0 It• 01 +�+ CD+�+ O N 0 w O --� N O N - O N ate+ O coN U') w O f0 H N H N H H H f0 H O H N t) > tt Ln y i C L6 a Ln ED O CD .II c o > O uj ' O a+ � C N 0 0 L a <"') H Q p M H V 0 Cl) O a 0 H ui r. C C ro ` L O rt .m V U - • O y O c o Y m y x ry O X W HX 1-0� 00 00 Cl) M O t0 tD tA LO LO 01 O O T Lr) 00 00 N N 00 69 to w to fR M N • O N O O N O a. O Uo • M 0 LO m c M O 0000 U LO ` O O fC � Y O 0 O C. O U 7) A • • • C N E r CC Z a 0) O 76 (6 J Q T C U E � m a LL Q r N O U (V C Wm (U C O V LT to -J a > J T a W (T O N o U � LL /) CU C (T W O C r/ U 0 o c a O U O O oa Q N -c- n nU � E q� U W -,c j W m ZUQ ` „' LU > Q O _ o m Q U m (u (n N N E U � o E o W O a n a w a_w C) Z W 0 0 Cn CA CO 0 0 O) 0 00 r` r` Coco m T 'IT00 C') (T (T O) O O CO 00 OO (n V N N 00 CO Cl -It co CM Cl) m m r Cl) (o to LO O 00 00 M m N r� h r- 'It 'IT `7 V' 00 00 00 rl- r` On N N N N OO ,. b9 fA (") b9 E+9 fA NN b9 b9 NNIt b9 b9 b9 b9 b9 (O EA b4 b9 NN b4 b9 N(V � b9 b9 b9 f` t` N CD (D O O (D CD CD r 00 00 co CD 'IT 0 0 Ln In (D (D co O O (D 00 00 N N O O (T 0 0 0 NN co co CD NN r- r-�m Oo 00 cO 060 CT Cn m O) Q) V V N N CD 0 0 0 0 0 C) Cl) to - NNC' NN U')LOr- NN On(n� NN OM bb9 9 b9 b4 b' V4 _ _ _ b9 b9 b9 09 " b9 b9 6-9 b9 69 649 b9 b9 b9 69 000 00 CO MM(D CO �n r\ V r N N NN't pp �� co "r1q: TItco (n(n U)LO (nm (n(nC> t: CD O to (.D N (T (T 66 00 co co 00 00 r-_ m M M M n CD CD CO (D M co co co co r` O O O O co 00 00 00 CD C7 c7 C') cl � - .- - cl On On (n In O O O Cn O OT NN NNE' mcn (h C' (D N(N NNV) NN NN Lo V% 69 69 b9 69 69 b'i 603.6.). bi 69 69 69 69 toil to b9 Efl b% Hi O O 0 0 0 O CDO O O O O O O O OI O O O O O O O O O O O 0 0 0 O O 0 0 0 O O O O O 0 0 O O O O O O; o CD (DO 00 co -Ii It O N N N C V Oo 000 00 000 00 000 00 000 00 000 0o Oo0 C0 000 00 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 CD O In On 1O0 00 000 00 g 0000ON c-,.C) OO O O O OO O OO O O O� OO co N O O OOO �� C7 0 0) 0) Om (T (T OA Co co In (n m co Oo co Cn ^ n I- f` In o N o N CD N o N N N a N N a N CV a 40 N d) a 4)o d o m o m` o n..' « O « O « O « O d . O m N O m O m 0 m m U IL v c m ma c m �a v c (o �a v c `� J d- iL (D CO crna c L N ii � m e ctn� c IO .� d C LL r 4) m � c(na c C a CO LL 4) ca ;j ctna c ` 7 -O :00 o r_ . N 7. O 7 C O N LL 7 7 O C O- ` ` 7 7 O C O L� d O U C 4) 0 U Q y U (y 0 0 0 4) LL U y Ci �� u7 dCoU'o dam o a(� a� aU 0 Ja- O a8 � 1 O- U O N O 0� Nm0� 1- V N �() ;UN ON .1N 0- O7 N ai r- r- CV •• e- p N C L 0 e- O C L �- p �- O C p U QNO p U NO p U (-0)QNO p U O NO UmNQ p U p U O NO ci p U o0 N0 p U O NO U I • W O 2 Cn CO Cl) Cl) 00 M M M M N M M O O O N N N N C O fA Efi EA EA EA CD CD CD (D Cl) Eli EA EA ER Vi co00 NNO 00 00 N N d ;1- r- CD Cl) Cl) M Cl) co Eli EA EA EA EA 0000 V IKIIN ,ItIt114: It M 00 00 I'll It N Cl) Cl) Cl) Cl) 1- H9 Eli Efl Eli EA 07 CO Cl) M00 CD CD N N 00 t- r` CD CD Cl) V V Cl) MCo NN to Ui t` b'i EA Eii UO CO N N I'- MM t`�CD r• r` N N O CD CD CD CD M to Eli EA EA EA O O 000 0 Cn Cn MMM N N V V co N N N N V ER 69 — — Eli EA Ely O O co CD CD hl-- Cl) Cl) O O O — N U') CO V It M Eli V) Eli Eli EA 00 Cl) co co MM r- f`Co M M M M NA Elf ER Eli EA 00 IO IO CO 00 000 00 000 'IT It It 00 N N V V CD CO 1O NNr` V lO M 00 000 co CD 00 00 rt CO CO O O CD V V CO U? 0) 00 00 CO CO Co 00 00 O 14 V � CO CO CO Uj U') O M M M M M � r` CD CDM N " O O Cl) CD CD V' V O Cl) C0 Cl) M1-- V V -q`0'00 MM CO COM -- .-r-M CD CD U')U)N �� U). N N N N V N N N N EA EA EA EAR Eli fA Eli EA EA EA Eli 09, Eli e9l fA O O O O O O O O O O O O O O O O 0 0 0 O O O O O CD O CD CD CD0 0 0 0 0 0 0 O O O OI O O O O O O 0 0 0 0cc)) 00cc:)) 00 000 00 NNN �� CO COM 00 000 MI M co O O 0 0 0 O O O O O O O O O O O O O O O O O O O O O O 0 0 0 O O c-,c-,O O O 0 0 0 O O O O O 0 O O c-, O O O O O • O O O O O O O O O O C. O O O O . O O O O O O O O O O O O O (DIO O O O O O O O O O O 0 0 0 gO O CO CC) CO O O O O CD O CDO O O O O O O O O O 0 0 0 M CO CO C' CO M -, 4 N O' O CO CD CD CD CD U) U) 0o 00 M N NNVO MM MCl) Ih OOICD Cn UJM I--h 0000 co MM MMCD O O O O O � NQ N d N N CD N d 40 N d CD N d a m o a d o a d o a 0) O a `) o a 0 a u § a u a u a u o p o p o p o p o p V T 0 >, (.) ? V T V T O 1a O m W O A O m O m a a a a a a c a c ya c a c a c � � O CLd o �a - m Fa �a d>o �LL 0- a @ .JJ . m C(na c m� Y Cfn C 0 �LL CNa 0 C Q� LL 0 C GiLL �_' Cfna C LL C(na C _�' o�co //^^ �•-o�co o� 0 o C `yLLU a� _� �, -o � O 4LLU N OU U V 4) N pU U dLLU C) OU U Na'- y ooCU U yLLU y pCpU `ate a O i .0 a O L a� ,a O a O a� a O O m O o O cn 0`- O O cn G = O N O cn O o O (� 3 O 0 O cn • YO u VN C> O� N EO VN 0 aj O NYO d VN 8 V O� �., a VN O C) p� N C)N O U 0 O� N -0�N m� j �.- p �N C r.N C N 0 N C Fy O U O U O O U O U O O U O U O O U O U O U U O m N 0 N O U ml N ol N O U m N O N 0 U d N 0 N 0 U V p N 0 O N 0 U w W O Z O 6 N z > w L 3 °15 m U p O - V u c U � 3: F- CT Q1 U) U) N N M II) U) O W OO Cl) U) U) U) U) O OO C+O O) D) I- U) U7 0) CT LO M M CO CO T U) U) _O T W r` r` r` r` U) M M U) - (D (D OO OOP- 0CDC) MM _�.-U7 N V V' •ct 0000 I-r- M NNct V V V �?'D) TN U') U') Cl) Cl) ODcoM OOIT NN NN V' NN NNIt NN NN(D -N NN N N V V) to Vi Y) &3i H9 6-1 to (A) V) to to to tii v, E.i tfi tR 69 to 6,) di Vf V9, 09 Vf to O O CD O O O O N N N O O 00 00 O O D) T O U) U) r` I- N NN U)U)� NN 00 COO MM OO r-r�O 0cq OOm OO CO Cl) MN MM OOCl) NN Cl) Cl) CD 0000 U)U) U)U)m r- r- I-- a) 0) U) U)U) 0000 OD00 co U) U7 (D a)D) 69 V3 V tfi tom _O_O M O O �t H9 E!9 M M N N V ct CD U) U) t` (A tsi to N N CT O T _' vi t!9 t!9 to tfi E9 T N tip to Eff 69 to to H9 to tfi 69 H9 r19 MM MM(D 0000 m(T I� 00 00 MMM 00 000 V� It ct 00 M MOD 00 N U) U) O M M M h O O O O O T T T Cl? . O CD O O O CO 00 7 M D) fr f• f` 00 O O ClC) C) �t st �! CIO O O O O O O D 0 0 0 0 0 0 r.-0 0 O O O O 0 0) O 0 0 O O O r- r--r- ^ v r` rl10 r r- ao Oo (D co_ co ao oc CC) 00 In (n In to (n O O o O O T N N N N U) N N N N U) M M N N 0 0 T M Cl) Cl) Cl) M (D fA Eff H9 H9 H9 69 b9 EA (i9 Efi 69 E19 tti b9 (A t9 EA ; to tsi W9 to b9 H9 H9 rsi tf) O O 0 0 0 O O O O O O O O C) M M M O O O O O O C) O O O O O O O O O O O O O O O O O O (D (D O O O O O O O O O O O O C) 0 0 O O O O O O O U) U) N N r- O O O O O O O O O O N N N C2 CD (D OD 00 (2 M r` T '- N O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 O O O O O O CD O O O O O O O O O O O O 0 0 0 0 0 O O O O O • O O O O O N N N O O c CD O O N 0 0 O O O 414 Vr 'IT 00 O O O O O O O O O O O O O O O O O O O O O O 0 0 O O 0 0 O O O O O O O O U) U) O O 0 0 U) O O O O O O O O O O 4 OO OOO OO NNN MM OO M MC) MMCD OO OOO O O OD00 r` OD 00 00 00 (D U) U) 00 00 M N N Cl) co U) 00 CO a) O 1- T T T T T T T T N T N N N N CD N 41 N 0) CD N d O N tV N N O d O N `) O y O a U �a U a U m V a U a U ° O ° O ° O ° O ° O O m CO m O m m O m .' O m 0 T a y> a >, a y V> a 'D T a m =IL O c J m a c m ca v c p c m a c m a 9 c m V Cy V MT V - m V Tm VQ -- .:C C {aON=y C doU� LLO @ V•im C Q U. C(na cU C `d (na C Ia a LLNC(n m n- W•' �Qa O E � O � O O CO 0O O � 0 LN O � O yLL U y 0U t Gl U V 43) U °,UN °U Cap a a .0 M— a � ID «o° (n ° ° n U 6U) o °� ° ZUV N 3Oa1 N.. ) N dQ O- N Q O O n) U- O NG VC O- O NCp a�U� N j a�� O C) .. N j a�� O . 0 N L. aO oTU@d .. N O U U O U O O O DN O U O O UU ON U N OUa VN O U Dp O Up U • Z W 2 a� c c co Of (n (n CO (D O O CO (O (O (n (T r.- r N N d N N N N 64 6). tff 69 CA OU') CA a) -It t1 C0 N N O CO CO (D (D N N V NN (D- co 69 bli _ - - v). 69 69, O m Cl) Cl) N OO co co r� CO CO V 'q C ) h r.- h r- V oo 00 CT) O 00 NN NN to 69 69 69 69 (si O O OO g co:,O OO 00 N N O O O O O O O O O O O O N N N OO O O co: O O O O O O 000 00 co (D (D st a� rn c m m rn 0 U') IT (O U? NN(b (DO 000114- O O N N M N N N N 'q- 69 69 69 U) 69 CO CO (O CO O CD (D CP m 0 00 CP a) 00 O O C N N L l!� f\ fA (N 69 co C") CD (0 CA I V O(DO 0 0 M Cl) V 0 0 O O O ti ti CA CA CD NN NN CO <!i 69 69 69 vi O O O O O O O O O O O O O O O O O O O O O O O O O 00 CD O(D O O 0 0 0 0 0 O O O (1) O O M rnrn oorn (n (n U^ Uu o CA 53), .- CO C0 69 E6A U9,603. � 69 O O co O C) l0 l0 M M cc:), 69 6<i EA CA tq V �t h r-;: V 'cr CDO� (7 M O O N f` t- r- fl- CO co co nr- .I- 69 69 (si 69 d9 O O O CD O O . 0 0 0 O O O O O OIO 000 Oi0 O O O OIO 000 OI O OI O CD O O LOCO (O OI O C0It0 M v It a(') O cm c 0 CD m H 00 LOLL O Cn (P (D (D coM 0)mm 00 ma)D) Hi to V33 vi, - 6H f.- C` O CD co M M Cl O a 00 00 N O O 0 0 N N M fA Vi 69 d9 69 GO O (D CO N O (n C` O O N N O N N O O M N N Cl) Cl) CO (; 69 69;; 69 O O O O O O O O O O CA CA O O C` OIO SOO O O C0 (O (O 00 cMIMM O O O O O C. O O O O O O �� 0�� (D (D CD CD N O O O CO f CN V V V O NN NN&I b9 fR Efl EA E9 _NN t�Lq10 M M C0 CO O OCD OON 69 69 co O O 69 69 69 O O O O O O O 0 0 0 CO (O (0 (0 O CD (D co CD co co M co M C` MM MC`M(D 60 EA 69 H9 Eli O O O O O O O O O O O O O O O OO O O O O O O O O C, O O O O O O O O O O O O O O rco rocov ao 0o co co r` T T O T T N N T T O N � T T N N T T N N m a N m a fV m a N m a N m a �, o m o (D o m o m` o a o u p a o p a o u p a o u p a o Q 0 > a > a > a a >, a —0. c m a c .o a c Ma c Qa c y mod'- o gym. C Gs �co o u w mr o 0 C H m' — o r 0 H m� CL o U� C LL cUOa c . m LL c�a c efl � a i LL m m ctAa- c � a «iL ;_ 4) M ctgd c m tL ;- 4) cu c(ncL c Q , 7 O , - 7 c 0 , = L. �. 7 , -O 7 O(D c 0 , = d �. 7 , O 7 O c 0 r.. , (9 �. - 7 , -0 7 O �, c 0 O , ` Y - 7 , -0 7 O c 0 `a�U� oU U N m�U a.- m oU aU O mLLU a� Qom m oU aU mU` Vag U m U a� v mu aT U m U act yo o om (� U Co .• o om (n 0 o L) om cn u w o om cn Zo o om to u 0 N N OO OT N O O:NO OV CN 6 O� N N GO � N OO p T N C O0 rG L. 0 N0 U NO c, U NO O U LL NO p NO O (V pT UO NO 7 O 0VO NO 7 UNNCO7 O,VpO .0 pO0—p Ci • v C 0 Z cu O > r M C Z C W > - > U > U U O �5 U) CU U) r� ctn r.- r-- V mm O V lf)tf)m co CO (D CON mmO � (O CO CO' O O CO 1. (D m m O O m 0 0 M (1) CD Co m O O O O O O r I- r— r l— V r- r C O L O N N N Cl) Cl) U) 00 000 00 O W QI NN NNCO CO (O NNOO 00 NNN ' MC) CO Cl) co NN r M r N NN NNV NN NN V r 69 60). 69 (a EA CA 6Y 61). 69 CA E13 69 6q 69 6q 69 b4 69 613. (A 69 69 613, bq d9 d' V (O(DO CO CO (OCO OOr OO OOO mO CO CD(0 mm V V V tO CO NNI� 0CD OO(o V V I-� r*-N i. 00 CO CD O CO co 00 N N .- I` r— CO CO N CO 00 CO to m CO Cn m m (O 0000 Cl) Cl) N NN 0) Cy) Mm NN(O It V OO CC) NN NcV CO NN CO COO) NN 00 00 tOCf)CO NN mC) - NN mmr 69 69 69 69 CV 69 69 _ _ _ 69 69 CV 69 69 69 69 r 69 EA 69 69 69 69 CA 69 (1i CA 619, 61i 69 OOO COS CO BOO CD CO C`7Mm hCO CON r-- I- CMMO rN rr rrM (D V V hl�r CD0 hl� V OOO I-hCD mm mm00 hh IC r-, 'IT NN V V n 1O CO CO CO M(7 (O NN NNUO 00 00 r.- r- MCMO NN hf�0 rr 00 mm mm W �n �� V (D(o (D(D Cl V V r(D mmCD ChM MMI-- NN NNLO Ch mm C7MCo NN NN(O 61i (1i ffi 69 6'3 69 bet69 69 69 69 69 69 69 6) 69 69 69 69 tfi fA 64 69 69 (1i O O O O O O O O O O O O O O O O O 0 0 0 O O 0 0 0 O O 0 0 0 O O O O O O O O O O O O 0 0 0 O O O O O O O O O O O O 0 0 0 C O (O C `7 M 00 O O O O O 0 0 O O O 00 co co r r r r r N N N O O O O O O O O O O O O 0 0 0 OI O O O O O O 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O C) C j O O Cl O O O O O O O N N O O N O O V V V O O 0 0 0 O O O O O O O O O O O O O O O O O I O OO O O O COU7OOOOOOOO O00Mm N CO CO Cn CO O Oi 0 co co 00 O O O Oc0 00 m m m O O m I-iI` r-� LO i`I I` I` � V m m O m � r T T T r r T T T T T T T T N 0 N N 0 � N N N N � N N OI N d N d N 41 N d a a a a a d o d o d o C 0) o d o a u a u a u O a u a u — o O o O o O O o O 'O m O m L m C � > n m O O O a a *' a a O a to c a c as c m a c a c _ `a� y cod tea`- y (off l0 `a� a0i cod d Co d m� � �a� m CU tii ctAd c iL clod c 2U. clod- c �iL clod c diL clno c • - ��S�� 2TT�o�d� O r«o O =y arF—S O QaO Cd arN O a� O O 7 Ye7varN O a� UOLLU .rrjl UO N U 0yr OU Oa) 4) � 4) O 0) 4) _ aio o i�m U) oMa N N `N ONvuN V VOO� N O(U� NON 0 OrN� O r" N 0 O ., .Cr-0 C. 0CT C N OTpTN C O N D . CN O cO cu o OCV o O Oot o o O U O UiNO NO NO NO UNNO U 7. . • w W O Z O 2 O U <N MM MM(D 0)0) (DOLO � r CI) CI) O LO LO t--t-N N 0 0 N N M M M 0) O M CO N OD CO r C')M MM r� C V V V 00 nh V < c) a) CD(DO ItOOLO (D (D (D CON NN NNa CD C) �N V' 7 0) n t` I-1� It r-M NN NN'It T9 Y) fA to (si N9 69 to (si Vi 69 69 VI)H9 va 69 H9 (ri 69 Efi 6C,4 69 to E ; 669M C) C) 000 OM co co 00 NNO NN NN V 0000 r-r LO 00 000 LO U? —tom NN 00CI) LO L() 0)0)It MM (D(DO O O r t- n LO tf) LO LO O n t- 00 O LO 00 00 co(D LO LO LO r d9 Ki n r- N Q1 M cc(O (O r- M (n LO LO LO < M M V (O co (D O co O N N LO t0 h C CO N N LO LO t� 69 EA EA 69 d9 to H9 EA vi " _ 69 (A _ (» 69 _ e1. 69 VA 69 69 di 69 6R 69 69 H4 O O 0 0 0 O O O O O L O L O I- t— N 0 0 0 0 0 n� C) C) t — O C) O CD C, U? LO Ln LO C)< CO c0 O LO LO LO LO O LO LO LO LO O • 00 000 NN NNLO hl- OOco NN NN LO LOCO (O LO CONN NN V C) C. OOO LO LO LO LO C) 0000 aD aO� <N (OO (D cc N ti � NcO LO C)D1 ClClO NN NN U7 N N N N M N N N N L O < < M N N N N C (A U). 6Fi Ki 60 69 esi fA 6Fi e» H9 V9i to:),69 to EA 69 69 vi eR 69 (si 69 69 69 O O O O O O O O O O O O O O O O O O O O O O O O O O0 00 LO U� LO LOO IC) OO O OLO LO U') 00 000 M NN 1 00 tIt IT M M(M7(MO O O O O O O O 0 0 0 O O O O O O C! O O O O O 0 0 0 O O O O O O O 0 0 0 O O O O O O O O O O O O O O O 0 0 O O O O O 0 0 0 O O N N N O O 0 0 0 O O O O O • O O 0 0 0 O O O O O O O O O 0 0 0 0 0 0 O O 0 000 LO LO p LOO 00 000 00 IC0 00 LO LO OO OOO O00(O LO n-00 c0 c0 rLO OO 0)MM NN NN V r-r rLO WO O(DV rr t-LO nt` LO LON T O T T O T T O < O T T p •' N T N T N N T N N ) N N N N .a a u a u a u a U a u Q ° Q « Q ° O ° O O Om O m O m O m (moo a a a T a T a T a m ° m a C a a a N m V TC) N (9 V 0 M V c`a � ♦♦V 11 a LL .. m n U d) Co ny a LLC y Cy d� c � OQ-o m O 0 7In O l- i O l 7 O LLO 7 c o dcoU v v �> Uwo0 w C) oGDLU U<c77 o o ° oa)D 00U U) M +%C a i 0 M U u uN «canV i Vcn UN V N U .: Q N Q 0 N .. C QV Q< C) N L Q Q< C) N 0 Q� N .. Q N Q� C:)p N .. 00 N C>T0TN c 0TN Q N TN C D U U O pOCD<U CD U C) C.0 p U oCp U O NU U J NU O UO O O CONNU 0 U • Z O O O CD Cl) Cl) r-- r M V) V) V) V) V) lf)ON V V (D vv 4406 apM M M.- 00 00 O V) Vi N V) V) (A 0) 0) - - - NN 00Cl) Cl) M N N O N N N N d V) V) V) V) V) �: �: � r V r- nrn NN CrO (^D 00 V) V) V) V) 61) (NN C6m U) O N M V) V) V) (19V), O O N N � O M M CO 00 O O V) V) _ 1- N V) V) V) a� U_ L O c co a m 3 L (n O O Cn O) V O O O Cl O NN fl-r-0 ' O 't O (D O N N N N 'IT V) V). V) V) V) CPO) I-lC oO OO Cl) Cl) O N N O O f- V) V) V) pDW CO COO(C) O O N 00 V O O (D (O N V) V) V) 649 V) M M � N N N N 7 CO (O <t � O V) V) r- � co V) V) V) r-� 1` I` a O O O O O (D CO to (D N O O O O O (O CD N CV CU 00 00. 00 000 NN NNO r-ti - 70) OO 0)CT) -, a) 0) 0000 OO OOO rr- hf-R OO ITN CF) 0) �I-h • r` f h O V V V'IT (P O O O O.- f`� 0 0 0 0 N N O 0) N NN NNO 00 000 NN NNO �� O r-I` 0000(D NN NN't MM MM(D NN NNa Cl) co NNO V)V. V)V) V) V) V) V) V) V) V) co V) Vi V) W. V) V) V) V) V) V) V) V) V) 0 0 O O O O C:)O O O O C) O C, C) Oi C:)O O O 0 0 O O O O CD Cl Cl CD O O c O O O O 0 0 0 O O O O O O O O O O OIO 000 00 OO CD CV CEO 000 0)m CI)(n V M M a Oi O O O O O O CDO O 0 0 O O O O O O O (2), CODO O O O O O O O O O O 0 0 0 O O O O O O O O O O O O O O O OIO O O O O O O O O 0 0 O O O O O O C. O O O O O O Y O O O O O 0 0 0 0 0 O O O O 0 0 O O O O O O O O 00 000 00 000 0O 0 000 00 000 00 000 I-- h I-- h �.� N NM 0 C, 00 00 co (j C7 C) 0 0 cr)co CA CA N co 00 �� r-� VODN 00,00 I`r- r- na V V OOO O N C O N O N �- O N C, O N N d a CD N 0 a N a N 4) a 4 N d a d > d o O O O ° O ° O o O U O > m 0 p >V>1 m p m p T m p T m > a c dam a a c T a c a a a c T a a Oam >a. c O N m �d U > .. y m .. = C H m �a V >.- .. a) m .. Q% yi� V) m �a 0> .. m m .. m L� V .. a)m .. C 3 N m tea, V .. y m �- .. m LL C (n LL c Q L1 N C (n IL �F LL N C (/i d C 'u' LL C Cl) a C LL c (A a C fr m ` iL O O c U� 7 0 jL -0 O ... c 7 O 4: ' �. LT 7 p O �. c 7 0 L 1p l.L O O C 7 O L 1 iL 7 -0 O C 7 O OU O ��U� oU ��U� OU O = d a .- U 0 pU a U (n d a- U d OU a U ♦+«o °(n �o O� O Oo O� C� 00 0U) C °o °(n 11 07 N cc 0 O pOcli N0 p O NC N t - t 7O L + �0 --5 N r - C0 LN C:) V C)O NO UCNO NO ONO CDVO NO C UN O O V 04O OCc, U�NO V OOOCNO NO U LJ LJ O 0 0 U > U Z a) J W 06 cU) > a m (a 0 o a a U U U O m � m co u U) O O U of NN nn0) NNM MCl) 'IT CO) Un Una V -t NOoN n n Cl) M C) CO CO 0) 0) Un V N N N (OW Un Un N (O (D U') Un (14 rr nnQ) nn (O(OV It't V It 0) nn OQ)n NN'7 } MM-�t 00 0)0)0 00 NOON Un to Un Un V aN NN NNNr NN Cl) Cl) NN n NN NN V 69 69 t9 6> A 69 6;; 6 s69 69 EA69 1 nn CD COM � I: nn� nn NNO C)O) 000 NOD NNr Q) m 0) 0) O CO CD V a n n Un Un Cl) n n 41 M ��CO 00 nnN 00 nnN NN NNO CN st NOON NN (nlnn NN NNO MM 0)Q1N CV nn0 NN lntnN ER 69 69 69 ' r N tsi 69 - N 6% &9 r N 6ri 69 - 69 69 E9 69 69 69 EH E!i E9 69 69 69 tf3 69 69 nnN nn NN(n Un Un Un UnO nn OOn d'ct NNN (D CO N CO V OO N r r On N N (V N Un N N N N O CO (D N N Un r`r` NCV C) Cf)M OOCl) 0)0) 0)0)00 Un Unn NN 0)0)N CD CD O O n r- Cl) Cl) .4:t n n n n Un CD CO N N CO Un Un n nn rN nn NNUn Cl Cr WC)0) 00 NNN MMI7 NN MMUn NN (NNU) Cl) Cl) MCl) n NN CNN V MM Cl) M(0 . 69 69 69 69 vi 69 69 69 09i 69 V) &s - 69 69 69 69 (fl 69 fA to 69 69 69 69 00 000 p0 g00 00 000 00 000 00 0000 00 00 000 00 0000 000OCR d' t Nt N NC, OC) 000 NNM 00 000 r r M 00 000 00 000 00 000 Unto OOIn 00 000 00 000 00 In In Un 00 000 NN OON 00 000 0 0 n o n 0 0 N N N 0 0 0 0 0 N N O O N v v Un 00 000 g 0 000 00 l;oqq 00 00 000 00 oioo 00 000 0 000 00 0000ntn(n 0 0 () 0) 0) N N N O n n n 0)0) Co N Un 0 0 NN nn�n cp n�nv NN Nnn NNCD rnrn C) a) a CD 0 o O O o N N N N N O CD O O N O CDN N a N a N a N a N a y Oy O y O `y O 6t O O ° O ° O ° O $ O f: J0 m O m OU m p mp m c> a T a T a a T a ,a c a c CO 0 • ��i.h4k�Ti` ' _ V�r�C/iirO` N , r.. afU r cVry�cCr 10 Oa=a � ff t_a• ��mCU ii U) C: ct�c cAdc ii c- otcny rr��m U�c `0o 0 0 0 0 00 UyLLN oU p dLLC) o(DU4) U 0LL4) dLLd ap- a0 -7m- au ar am7 aar .0poVn = °o u o C� N°° N N p tl N°u L V 6ON O OO N O ON O O 0 CV CC OC: 0 IL N NC: p p DD r� �D t Zo.)Mr� � LprOo� o 0 d o o NoU N O NO U �04NU UG. E • c � a) � v) c ~ co N M N O 0 U U L L CD M O O 00 00 Cl- U) U') M M co V V V V co M Cl)CY) co I- r- N N 0)00 co M't NN Cl) Mtl) (o 10 (nm _ Lr)(f)O 0)0) OD)00 0 0 m M M m Q) a) O) m N co II- 1- (D It V V 'q 00 0 0 Cl) Cl) v U)C(7 C)coco MO 00 N CV N V V (D N N N N V N N V N N N N V _NN _O _ON N N N N N V to* V3 V) V) Vi Vi V) V> fA b9 V) Vi V) EA V) V) V) Vi V3 V) 63 V) 69 69 Eli N 0 0 O CD m CO(c f� O O N N f- co 00r- r` Lo V V V V W V V V 7c0 17 17Mm0 OOr Co Cl) )f)(O O) V 'K:r 0000N 00 NNN Coco MOO OO NN OM 000 f-- V V 0)D) V 0) 0) 0000r NN 00(") c0 co (n In V r V V 0 NN 1�1�0 — 00000 NN 0) a) — c0000 NN U)U")tl- Vi b9) r N V) 69 _ - N V> e% r, N Vi E» IZ N EA V> _ _ _ Vi V) Vi Eli Vi V) 69 Vi V3 Vi Vi Vi V) to Vi V V V V 00 h fl- (n(()N 00 V V 00 000 NN 0) 0) N N N N V 0 01 (D CO CO M M O O) N 0Lr) (f) IA O (n (O V V O OO OON tD(n r-n V V N NN NNE 00 c0 00001-- CO CD co CD (M (D (D CD CO N N N O O M N N N N V 00 00 c0 O n NN NN(n cD cO co co h P-n rr W OO (O(DN oc00 rTO Cl) M M M (O N N N N (n N N M Cl) L o M N N co M CD V) di V) V� Vi V! V) Vf V) 63 Vi V! V3 Vf Vf 64 69 Vi Vi V) 69 Vi V! Vi 6H O O O O O O O 0 0 0 O O O O O 0 0 O O O O O O O O O O O O O O O O O O 0 0 O O O O O 0 0 0 O O O O O 00 000 0O 000 00 000 0000 0000 0000 OON O O O O O O O O O O O O 0 0 0 O O V V V -I.- . O O O O O . O O 0 0 O O O O . O O O O O O O O O 00 000 00 000 00 co000 00 — - 00 (D cc (D PO 0 0 0 O O O O O O O00 0 0 0O OO O O O O O O O O O O O 0 0 O O O O O Ol- t--h V 00 000 00 000 NN 0c00 NN OON Ih co 00 Co V V 00 00 N O O) O m 00 r n 00 00 CD r., n � r- V r T O N T T C N T T O N r O N T r C N N 4) a N N a N d a N N a N N a d a o u d a o u m` a o u ;) a o d o $ O ° O ° O ° O ° O O m . O m O m O m O m m m a 'am >, a 'am > Ja a ' T m a c s a a c a a c Cc c Ya a c .. c o � i ca 0) a- 4) c u) o- c 4) uc 0) d c >: m tL m c o d c I�lNi D ,-0� O C OL U y , S E �o O O Uao LZ o� O 0 U ,Z3 O ,= L�O� LL �. O 4) a)U aa) UO 4) .nr OU a) 4) a oU .0 4LLU4)-0 L- a7 oU a 4) ar U 4)O U a() OTOia�4L1 u _ B N o a) o uN o u do m uN 011) V co N O 4) O 0 N O �ya)cc N NNOON E p N ..o c T , N T ..Or,0 c r N c N NO NO O V O U N V NO 0 ON 0, O U UNO 0 NO UNO • N N N N It (D CD CO CO - t` r` O CY) f` O (O CO (D Cl) to 69 69 69 z; r` r- V q � CM rM Cn CO (n O(D t` r` CO tO N 69 6:i t` rl- O 69 tt'i 69 Cu H O N U Cu (O L N to CO 00 00 M N N CD 00 - 00 00 O O 00 Cl) Cl) C)OM NN NN CO 63, to 6 ) 69 vi COO a�CO (T CY) V M O O 0 0 C4 N Co Co W to fo to CO CO CO CO O t` r Cn OM •- tO � M Eo E9 EA 69 69 (D CD r` rl- Cl) N C V N N LO _M V O O M c N (N CD CO CXi E9 to tf�l to EA U')lO UJ COO r- V N CT CPt _O Cf) `7 �O M fo EA to Eff 69 V V NN(D (n (A V 't CM r r 00 CD Co (D(D Cl) MO 69 69 CO Cl) 1�11 vi to Eff > > Co m J J CD N 7 7 U U Q Q m m U U c c O O N N N N t Lo CO CO CO O O O 0 0 N C%j _N r4 V 69 d9 6'i Eo 69 N N O O N LOCO m07 0o vv)n CD -* 'T CD 69 691 - tsi to 69. Cn Cn (D (D CO 00 NNN It It tt V CD V It as 00 00 000 CO 00 O O On M M CA Cn N CD (D (O (D N (D CD CO CO N CO CO CO CO O • C')M 00 CD CD (n (n rt MM MMC` Cl) CO MM r- CO CO CO U')O 00 O m Cn CO � � M CP (A O CO CO m O 00 N Co O Cn CP Co 00 Cn CP 00 00 (D O Cn (T f` h CO CO r- r- CO CO CO .-- 69 vi Co 69 (`0 C`') M M r- M M M 69 69 69 64 6H to tsi ER to 69 Vi to 69 64 to to to N9 69 to 69 O O O O O O O O O O 0 0 O O O O O OO O O O O O O O O CO CO CO O O O O O O O 0 0 0 O O O O O O O O O O (D (D O CO V' CO CO L V CM C'M r` Co (D O O O CD CO O ') V ItO O O 0 0 0 O O O O O O O O O O O O 0 0 0 (D CO O O O O O O O O CO lO CO O O O O O O O O O O � O C70 Ooo Co Co NN CO N N N 00 000 00 00CD Co(o CO O 0 O O 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 O O O O 0 0 p 0 O O O O O O t`C` OO-0 OO CO CO0 CD CD C-hM r- <t d' OO a' OO Co Co CoCO CO CO CD (00-0 D 1- 6 6 r` h Lo (D (D 00 CO t` r V V 00 C) r` CO N CD N N NCD N N 6f a N N a N 47 a N 4) a CD N N a 4) o �, o `m o a`) o a`) o a u o O a o O a o O a o p a o O O O m O m O A O a a > a T a > a T a a c U' n. c a c a c �aT c ? ` m@� ` Cu. U- m ` U mg ` ccT C) L a dm 41ii cNd c it. U) � W > C0 c plii m U) IL c —u clod m� c "d O LL cc:O O � O CO O O L O UO .nu 2a No UO (oDu aU a- � Rar op U a UO.U. OU aU o 0 t510 0 0� fU) Q(D(D o u 0� U U) -� CN o� o .t C o/)(nU �C NU O- C\l O O'- N O �C 0 V) O �C N p p NC. rO N D C -0 CN j .0N p 0 o C U CD U O O U pcD) OO U UONOO NO ViV2) C NO U�NO NO U�NO NO UN CD CN UOO • • W W 2 Oo 000 Cl) M M M( O T M 69 E9 EA 61) 619 co 00 ��O) N N r r rn CO CO O 00 V Co OO 0) N N CO (A E!9 69 6R 69 It O O co co O O d V O NN NN It O O O O O O O O O O 00 O O O 00 00 000 00 000 00 0l00 0 0 O O O �,-? OO a) a) rrCO MM 00CC) N m J N 7 U U Q m U c O MM MMCO N V V V 00 69 691 69, 6R Hj Q) 0) Cl) M N O O r r M �U7 OO Ln mO LoLo(O �ie»efl O O O O O U'l Ui LL) U7 O NN NN U) N N N N C CD CO CO LD N T ECM (i9 69 Efi 6H A O O O O O O O O O O 00 000 Oo 000 00 000 OD o000 gO O O O O O O O O c0 00 00 r 00 00 U) o) c m x O O M M N CO 00 't 't CO r r U) U) Cl) N N N N V 69 6.9 69 69 EA 0(O COON V C V) U) O LA U) m 0) LO NN 00 WO 69 (fi iA V) (fi N N O O N N N COCC, O O O CD CD U7 ch V'tm 00 m m r N N N N L!') (A to 69 69 69 O 0 0 O O O O O OO 00 000 d st L(i 00 000 0o C o O O N N N OO OO OO O O O O O O 0 0 0 rr avT co 00 00 00 00 00 O O O 0 0 0 q V't a V' Q H9 ffl to 61)Ef!60 O O O Cl O O O O O 0 0 0 EH 69 t9 to 619 CA O O O O O O O O O 0 0 0 In In LO Ln Ln LO Lo U) U) Ln LO LO 69 Efi b9 b9 V). 69 O'00 OI00 OOO OOO OioO OioO Ooo 000 000 000 O O O CD 0 0 O O O O O O 00 00 00 O O O 1;T � I*- 69 69 Ki (fi CA 6 ) O O O O 99 O O O LO LEA U) 69 09i 03, 2O O 00 of o 0 of o 0 Oi O O O O O V V .I - N CD N O N O N O N O N N W a N d a N a) a a) a a) a d a a o d o `) o 0 0 0 0 O o O $ O O O O O m O m O m m m m T a > a T a a LL a a M � c 0�r`M a c L) a V) Co c c 0 c O 0 m ELL = CL Em a �9)L c �ya Mu)a L. Ovaa- O cU U 0 LLUu O � O o U)V v O U 41 U�� 0� a)LL a) a— a) O a() L. O ac 41 OUm °a) U) v)) t) o CN «cn -a) U) d a) :cn y= °Nco�n O U NV O O'- O U 'mm G C OCD cN 7 0 C 7 C) N C o N N C CoC 7 p U NO O — U� N rUO pO�O p NO O O 0 T U Cp4 Op C-)NO p U C,4 O�U O W m 2 O • � 0 00 00 00 00 00 00 0 O O 00 00 00 C. O O O O O bD 0 0 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 O N N N N N N 000 N N N 0 0 0 N N N -0V V *� 69 to bfi a V V iff ffi 69 It 7 'IT a EA FA bti 69 V) to Vi 69 b!i 69 H9 fii O O w 000 000 000 00o rl-r--rl- 000 P. 000 000 00o rl� rl�rl o0o rn 000 C. 00 000 It It 0000o, 69 boil fig b9 E9 vvv b s b9 &a r` r` r` EA foi b» .- fD O O bsi f13 69 N 69. bo) 609 co iH O O O O C. O O O O O O O O O O 0 0 0 b0 O O O O O O O O O 0 0 0 O O O O O O C) O O O O O O O O O O O O O O O 000 C. U') U') to Lo U') lf) big bfi d9 rn U) U) blf ull 69 to ui Ln a U') L0 to to In Ui to Ln lr) l!') U) 0 N H9 bsi H9 H9 fig fA bfi bs> 6e !A di 64 ... 000 000 000 000 000 000bo 000 000 C0 000 000 000bo 000 000 000 0�00 000 000 ui m 000 000 000 0l00 000 00o v 000 000 000 000 0100 0�00 be 000 000 000W+ 00 0 000 000 oi0o 00o 000 fnUnln 000 o00 0 0 vvv vvv 000 vvv coO(D �'vv M o o co to N (14 Z N CD N N N 4) 4) W d 07 N N m O O 0 O O O 0 30 O O 0 �0 as a a a W m c o o LLI Ix o 0 0 0 0 0 mrnac -rnac rah �Uac >� V acnIL ate) >� c � d �� U) QUnac d m� c 7 0 d Z �. C C O W C 7 O -0 C 7 O y 4) O r. C 7 O i C O O N buOU 4tOU dOU N 4)oL) yppU `dOU - i o � O Un � Un O U) V O U) 5 LL G m b) to fr U) V = — U) V 7 'p o C 0 o C O o o V _ N U j 0 N U j O W N U = V V N _U c O N U c O U p =NO O 0 UiNO 0 O UJNO O O U.NO 00. UONO p U �NO p U p F- • • � o U T Z a a) o c L •o a E O ._ •co O U .�- a V) O � � N N U Nin c '2, m f0 - f0 a) N (n U E .E c m a) L L U M a) 7 fE t.!) f� (O 00 1� O (I- wIn m n co Cl) l0 w L O M Q) O Of O 7 m N N 6 0� 7 0 0 O c0 O m O NU') o m w r OO O Z..L-• '0 N C' C) 00 I- r O C V N CM O le GO O .` -0.` co M d' r q M Ln co 4m a N L c0 In N m r C 7 O E fQ L m Z a) — m a) 0 a O U O C F- Q ` y O O 0 c .. U c c m O C d O O 0 LL � o M o N LL 3 .. — H cv a) 1 CD N 0 w w W U a) U L c o m v > E E U ,o m w w O a) O a) `C > ii O .. w H m U M s CDZ O A d > w O U) x X }d O �OV m O = L a) a) C o p •W >, N cn no m cc ~— En a ' m x w C coT V E 0= d •`—T x �, e E a)w -C H O O •H co •— C a) x j m m Clr- c.i 0) :s o M ai `~ o��E��mm �L) ov o 'n > c U LL moo E > ;° `m a) ° w ' w (n a) C� N —°a'�° wU0 mo °)—°ate O-�� H 0 E 0 C W O a7 O E O O O O •O a) Q J -) J A W (n w c �p Y m W O = O o _ Z Q o M � W 0 o a 0 N M C O aJ N z Z R, • • COUNCIL AGENDA BILL* PRESENTER: POSITION: TITLE: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-11-09 Nick Gerde Finance Director AGENDA ITEM * AGENDA DATE: DEPARTMENT: CITY OF EAST WENATCHEE NOTICE OF PUBLIC HEARING 2012 FINAL BUDGET 3 November 22, 2011 Finance The City Council of the City of East Wenatchee will hold a public hearing shortly after 6:30 p.m., at its regular meeting on Tuesday, November 22, 2011, at East Wenatchee City Hall, 271 9th Street NE, East Wenatchee, WA. The purpose of the hearing is to receive comments from interested individuals and/or taxpayers regarding the 2012 Final Budget for the City of East Wenatchee. A copy of the proposed 2012 Preliminary Budget will be available on November 10, 2011, at the Office of the City Clerk, 271 91h Street NE, East Wenatchee. Publish: November 4, 2011, and November 11, 2011 BACKGROUND/HISTORY: EXHIBITS: None RECOMMENDED ACTION: Hold public hearing FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A ACTION TAKEN: Motion Made By: Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 0c,' • COUNCIL AGENDA BILL* PRESENTER: POSITION: TITLE: 11-11-10 Devin Poulson City Attorney CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM * AGENDA DATE: DEPARTMENT: 4 November 22, 2011 Legal CITY OF EAST WENATCHEE NOTICE OF PUBLIC HEARING Comprehensive Solid Waste and Recycling Collection and Disposal Agreement The City Council of the City of East Wenatchee will hold a public hearing shortly after 6:30 p.m., at its regular meeting on Tuesday, November 22, 2011, at East Wenatchee City Hall, 271 9th Street NE, East Wenatchee, WA. The purpose of the hearing is to receive comments from interested individuals regarding the City's tentative agreement to enter into a Comprehensive Solid Waste and Recycling Collection and Disposal Agreement with Waste Management of Washington, Inc. A copy of the proposed contract is available at the Office of the City Clerk, 271 9th Street NE, East Wenatchee. Publish: November 11, 2011 BACKGROUND/HISTORY: EXHIBITS: None RECOMMENDED ACTION: Hold public hearing FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A ACTION TAKEN: Motion Made By: Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Dp en ed �(q on, Page 1 of 1 • • • 4C-7111!*1W CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL ;- COUNCIL AGENDA BILL* 11-11-04 PRESENTER: Devin Poulson POSITION: City Attorney AGENDA ITEM # 5 AGENDA DATE: DEPARTMENT: November 22, 2011 Legal TITLE: A Resolution of the City of East Wenatchee increasing the license fee for an altered dog to $20.00, increasing the licensing fee for an unaltered dog to $60.00, maintaining other animal control fees at their current levels, and repealing Resolution 2009-01 . BACKGROUND/HISTORY: Currently, the Wenatchee Valley Humane Society charges the City $64,600 per year to provide animal control services. The current contract expires on December 31, 201 1 . The Humane Society proposes that the annual fee for the new contract increase to $73,472.50. In the alternative, the Humane Society proposes a smaller increase. The Humane Society would be willing to provide service for $66,482.52 per year, if the City is willing to double the amount of its dog licensing fees. The licensing fee for an altered dog would increase from $10 a year to $20 a year. The licensing fee for an unaltered dog would increase from $30 a year to $60 a year. At the last Council Meeting, the City Council directed the City Attorney to negotiate a contract at the lower figure. Thus, as part of agreeing to a contract with the lower figure, the City needs to formally increase its licensing fees. EXHIBITS: Recommendation: FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ $ $ ACTION TAKEN: Motion Made By: r) Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: % 1 Failed: Second By: JphnSoh Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 City of East Wenatchee, Washington 0 Resolution No. 2011-16 A Resolution of the City of East Wenatchee increasing the license fee for an altered dog to $20.00, increasing the licensing fee for an unaltered dog to $60.00, maintaining other animal control fees at their current levels, and repealing Resolution 2009-01. 1. Authority. a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: Section 1: Purpose. The purpose of this resolution is to increase the fees related to licensing a dog to offset the increased costs of providing animal control services. In exchange for the City increasing its licensing fees, the City's animal control contractor has agreed to lower the annual fee it charges to the City by $6,989.70. Section 2: Licensing fees. The fees for each new dog license and for each annual period of renewal shall be as follows: a) The license fee for an altered dog is $20.00; b) The license fee for an unaltered dog is $60.00; c) Late fees for renewal of a dog license more than three days after expiration shall be an additional $10.00; d) Dog owners with a senior citizen's identification card or a disabled person's identification card will pay 50% of the fee otherwise payable; e) The lost dog tag fee, upon submission of an affidavit or declaration attesting to the loss, shall be $0.00. Section 3: Pet Kennel License Fee. The fee for each pet kennel license is $50.00. Section 4: Other Animal Control Fees. Other animal control fees are as follows: a) Administration fee (pet redemption fee): $50.00; b) Daily boarding fee at animal shelter: $15.00; c) Distemper and parvo vaccination fee: $15.00; d) Kennel cough vaccinations fee: $15.00 and e) Rhino vaccination fee: $10.00. City of East Wenatchee Resolution 2011-16 Resolution Page 1 of 1 Section 5: Dangerous Dog Fee. The fee for registration of a dangerous dog or potentially • dangerous dog is $75.00 per year, or any portion of the year. The registration fee is payable annually based upon the date of its issuance. Section 6: Repeal. The City Council repeals Resolution No. 2009-01. Section 7: Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. Section 8: Effective Date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2012. CITY OF EAST WENATCHEE, WASHINGTON By Steven C. Lacy, Mayor ATTEST: Dana Barnard, City Clerk Approved as to form only: Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: City of East Wenatchee 2011-16 Resolution 11/01/11 Resolution Page 2 of 2 OA. COUNCIL AGENDA BILL* PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-11-05 Devin Poulson City Attorney AGENDA ITEM # AGENDA DATE: DEPARTMENT: 6 November 22, 2011 Legal TITLE: A Resolution of the City of East Wenatchee authorizing the Mayor to sign a Contract with Wenatchee Valley Animal Control, LLC for the provision of animal control services. BACKGROUND/HISTORY: The Wenatchee Valley Animal Control, LLC ("WVAC") is a new nonprofit entity formed by the Humane Society to oversee the animal control aspects of its business. WVAC has tentatively agreed to the terms of the attached contract upon the following conditions: • The City will increase the amount of its dog license fees before the end of 2011 ; • The City will made public service announcements regarding the increased fees; and • The City will include a message in utility bills informing residents of the change in fees. EXHIBITS: None. • Recommendation: Approve the resolution. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required ACTION TAKEN: Motion Made By: DVIVi son Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: • Second By: �)Ctr n h6(,r+ Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 I 0 City of East Wenatchee, Washington Resolution No. 2011-17 A Resolution of the City of East Wenatchee authorizing the Mayor to sign a Contract with Wenatchee Valley Animal Control, LLC for the provision of animal control services. 1. Authority._ a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: Section 1: Authorization. The City Council authorizes the Mayor to sign the contract attached to this Resolution as Exhibit A. Section 2: Effective Date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of 52011. CITY OF EAST WENATCHEE, WASHINGTON By Steven C. Lacy, Mayor ATTEST: Dana Barnard, City Clerk Approved as to form only: • City of East Wenatchee 2011-17 Resolution Resolution Page 1 of 1 0 Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: • 11-01-11 • City of East Wenatchee Resolution 2011-17 Resolution Page 2 of 2 Exhibit A • 1 CONTRACT FOR SERVICES V, 3 The parties to the Contract for Service ("Agreement") are the City of East 4 Wenatchee ("City") and Wenatchee Valley Animal Control, LLC ("WVAC"), a not for profit 5 subsidiary of the Humane Society. 6 7 1. The term of this agreement is from January 1, 2012 through December 31, 2014. 8 This Agreement shall automatically renew for an additional three-year term, unless one 9 party gives sixty days written notice to the other party that it intends to terminate the 10 Agreement. 11 2. WVAC agrees to do the following: 12 (a) Fumish and maintain the present animal shelter existing at 1474 S. 13 Wenatchee Ave., Wenatchee, and all necessary equipment for handling stray animals, 14 impounded animals, and animals received by WVAC from citizens of the City of East 15 Wenatchee. These facilities shall include all kennels and facilities for the WVAC disposal of 16 sick and injured animals. WVAC will maintain the shelter in a clean and sanitary condition, 17 and it will not permit any conditions to exist which might constitute a public nuisance. 18 (b) Give the best possible care and treatment to all animals in its custody by 19 providing them with adequate housing and food. 20 (c) Keep the animal shelter open for the purpose of receiving animals and 21 allowing animals to be redeemed by citizens for a minimum of four hours each day, six days 22 per week, to be set as a regular schedule by WVAC, except legal holidays. 23 (d) Maintain 24-hour phone service for the purpose of receiving complaints 24 from the citizens of the City of East Wenatchee. • Exhibit A • 1 (e) Enforce all state laws pertaining to the control of animals, prohibiting 2 cruelty to animals and all city ordinances pertaining to the control and licensing of animals, 3 the disposal of animals, and any and all other regulations relative to animals within the City 4 of East Wenatchee, except ordinances relating to barking dogs. 5 (f) Employ a person or persons who shall enforce the laws and regulations 6 as specified in paragraph 2.(e), by investigating complaints, impounding animals, securing 7 evidence of violations of city ordinances or state laws, and furnishing reports of said 8 violations to the appropriate city officials and also appearing in court in the case of 9 prosecution of any of these violations. The person or persons so employed to perform its 10 obligations under this agreement shall be employees of WVAC and not employees of the 11 City. In addition to maintaining the phone service as agreed to in paragraph 2.(d), a person 12 shall be on call to respond to emergency situations and to dispose of injured or dead 13 animals, which are, located in the City limits. The City and WVAC shall mutually develop 14 procedures for handling emergency calls and responding to complaints within the limitations 15 of the WVAC's personnel in order to provide the service as specified herein. 16 (g) Issue dog licenses, collect dog fees throughout the City, and, upon 17 request furnish all license tags and record books used in said licensing. 18 (h) Pick up and dispose of dead animals on City streets within 24 hours of 19 notification. 20 (i) Provide for the humane disposal of unclaimed animals. 21 0) Maintain complete records of licenses issued, fees collected, animals 22 received, animals disposed of, complaints received and investigations conducted and shall 23 make such records available for the City's inspection at all reasonable times at the place of 24 business of WVAC. WVAC shall furnish quarterly reports of their activities to the City of • Exhibit A • 1 East Wenatchee Police Department. At the a minimum, quarterly reports shall contain the 2 following information: 3 0 Number of licenses issued; 4 • Amount of licensing fees collected; 5 Number of animals received; 6 0 Number of animals impounded; 7 0 Number of animals quarantined; 8 0 Amount impoundment fees collected; 9 0 Amount of redemption fees collected; 10 a Number of animals disposed of; 11 • Number of complaints received; 12 Number of investigations conducted, 13 Number of animal control hours; 14 Number of citations issued; 15 Number of dangerous dogs; 16 Number of potentially dangerous dogs; 17 Number of animal bites; and 18 • Number of animals placed for adoption. 19 (k) Furnish all equipment and supplies used in performing WVAC's 20 obligations arising from this agreement, except equipment and supplies which the City shall 21 furnish from time to time at its own volition. 22 3. The City agrees to the following: 23 (a) Allow WVAC to retain all impounding fees collected by WVAC. 24 (b) Pay WVAC in the amount and manner set forth in paragraph 4 of this LJ Exhibit A 1 Agreement. 2 (c) Allow WVAC to retain all animal licensing fee collected by WVAC. 3 (c) Provide, at the discretion of the City of East Wenatchee Police Chief, 4 commission cards to employees of WVAC so authorizing that employee to act for the City 5 to enforce the city laws pertaining to animals. The City shall further cooperate with WVAC 6 to see that each employee who is employed to enforce any obligations assumed hereunder 7 shall have the authority to act on behalf of the City to issue citations for violations of animal 8 ordinances. 9 (d) Consult with WVAC and its employees and to educate WVAC and its 10 employees of the city ordinances. 11 4. For service rendered under this Agreement by WVAC in 2012, the City will pay 12 WVAC an annual fee. The annual fee for 2012 is $66,482.52. On January 1 of each 13 subsequent year, the annual fee shall be adjusted by the same percent increase as the 14 United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index 15 Pacific Cities and the U.S. City Average, July to July, All Urban Consumers (CPI-U) for 16 West B/C. If figures for such Index are not available for the first and last months of such 17 12-month period, the closest months for such figures which are available prior to the 18 beginning and ending of each such period shall be used. If the Index remains unchanged 19 or decreases, the annual payment for the previous year will continue for the following year. 20 The City will pay the annual fee in equal monthly installments, made on or before the 10tn 21 day of the month. 22 5. If the City annexes additional area into its city limits, it is understood that this 23 contract may be renegotiated for a different amount, prior to the end of the year. Either 24 party may terminate this agreement by delivering written notice to the other party at least 90 0 Exhibit A 1 days prior to the intended termination date. 2 6. WVAC shall comply with the Public Records Act, Chapter 42.56 RCW, 3 Preservation and Destruction of Public Records Act, Chapter 40.14 RCW, and Local 4 Records Disposition Authorization, Chapter 434-635 WAC, as they pertain to this 5 agreement. 6 7. WVAC releases and shall defend, indemnify and hold harmless the City, its 7 elected officials, officers, employees, agents and volunteers from any and all claims, 8 demands, losses, negligent acts or omissions, and liabilities (including costs and all 9 attorney's fees) to or by any and all persons and entities, including without limitation, their to respective agents, licensees, or representatives, arising from, resulting from, or connected 11 with this Agreement to the extent caused by the negligent acts, errors or omissions of 12 WVAC, its partners, shareholders, agents, employees, or by WVAC's breach of this 13 Agreement. 14 8. WVAC shall maintain the following insurance coverage and shall provide the 15 City with certificates of insurance, naming the City as an additional insured on all the 16 following policies: (a) Comprehensive general liability, premises operation, contractual, and 17 personal injury coverage, with a combined limit of at least $1 million; and (b) 18 Comprehensive bodily injury and property damage, with combined limit of at least $1 19 million. 20 21 22 23 24 Exhibit A • LJ 0 IN WITNESS WHEREOF, the parties have affixed their signatures and the day and year 2 above written. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WENATCHEE VALLEY ANIMAL CONTROL, LLC Dawn Davies, Executive Director CITY OF EAST WENATCHEE Mayor Steven C. Lacy ATTEST: Dana Barnard, City Clerk Devin Poulson From: Ag ent: Cc: Subject: Good Morning Devin, Director [director@wenatcheehumane.org] Tuesday, November 15, 2011 8:14 AM Devin Poulson Jody White; Director; Michelle Morgan Re: E Wen A C contract 2012 City's Proposal.docx I have been reviewing our current contract, comparing it to City of Wenatchee, taking into consideration your request for a reduced rate and no CPI. significant differences between the two cities contracts are; l.City of Wenatchee represents 60% (currently $191k) of Animal Control's annual revenue. City of East Wenatchee represents 13.8% (currently $66k). 2. City of Wenatchee Contract is 2 years, East Wenatchee is 3 years. It is difficult to forecast expenses over a 2 year period without additional income to cover growing expenses such as fuel, utilities, vehicles and insurance rates which have doubled in the last year. A 3 year contract without CPI would not be sustainable. 3. City of Wenatchee requires pet licenses for both cats and dogs. East Wenatchee only requires licensing for dogs. Without an increase in contract amounts, pet license fees are the only possible way for Animal Control to increase revenue to support growing operation costs. 0011 YTD revenue for license fees: City of Wenatchee: Dogs $34,452 Cats $3,550 City of East Wenatchee: Dogs $14,225 The burden of collecting these fees is entirely on Animal Control and the revenue is not guaranteed. Enforcing and collecting license fees requires labor and admin time that are already cut short. One suggestion I have is for the City of East Wenatchee to take responsibility for collecting pet license fees and keep revenue to offset the increased contract amount for animal control services. I hope this addresses your questions. Please let me know what next steps you would like to take. Regards, Dawn Davies Sent from my iPhone On Oct 31, 2011, at 4:46 PM, "Devin Poulson" <DPoulsonna,,east-wenatchee.com> wrote: 9 Ms. Davies, Please review the language of the proposed contract. As I mentioned, the deadline for getting it in front of the City Council at its next meeting is Nov. 2. If we can't meet that deadline, the next City Council Meeting is November 22. • Thanks. Devin Poulson <E Wen A C contract 2012 City's Proposal.docx> 9 �J CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL COUNCIL AGENDA BILL # 1 1-1 1-07 B PRESENTER: POSITION: Nick Gerde Finance Director AGENDA ITEM # 7 AGENDA DATE: November 22. 2011 DEPARTMENT: Finance Department TITLE: An ordinance of the City of East Wenatchee authorizing an increase of $84,720 in the regular property tax levy resulting from previously banked capacity to be collected in the 2012 tax year. BACKGROUND/HISTORY: Legal Considerations: • The City is allowed to increase its property tax levy by any amount of previously banked capacity which may have resulted by not increasing property tax by the allowable 1%. • The Ordinance must be approved by a majority of the City Council (four affirmative votes). • The Ordinance must specifically state the increase in terms of both dollars and percentage. • Prior to adopting the Ordinance, the City must hold a public hearing to discuss the following year's current expense budget. • The public hearing must include discussion on the possibility of an increase in property tax revenues. • The City Clerk must file the certified budget or estimate with Douglas County on or before November 30th. Financial Considerations.- 1 . The Council has received the annual communication from the Douglas County Assessor with schedules and calculations for the purpose of the City's deliberation in deciding whether to collect the additional property tax on new construction and the allowable additional 1% increase limit. These materials were also provided at the Public Hearing held on October 25, 2011. The Assessor's communication also referred to the possible availability of banked capacity. 2. The City is also allowed to collect previously banked property tax capacity, taxes which have accumulated from years in which the City was allowed, but did not elect to increase property taxes by the allowable 1% limit. 3. The balance of banked capacity thru the year 2011 is $84,720. The City may choose to collect all or a portion of the banked capacity in 2012. When added to the previous year's actual levy of $1,511,891, the amount for new construction estimated to be $4,743.14, the current allowable 1% increase of $15,118.91 the total property tax levy amount would be $1,616,473.05. EXHIBITS: Draft Ordinance for Consideration. RECOMMENDED ACTION: Second reading of the proposed ordinance. Page 1 of 2 • • • FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ 0 $ 0 $1 ,616,473.05 ACTION TAKEN: Motion Made By: J,( [,1L hp. r Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: ✓ Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) L-,acv- C)� 0,- SCConj Page 2 of 2 CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2011- An ordinance of the City of East Wenatchee authorizing an increase of $84,720 in the regular property tax levy resulting from previously banked capacity to be collected in the 2012 tax year. Recitals a. Preamble. The City of East Wenatchee ("City) is a non -charter code City duly incorporated and operating under the laws of the State of Washington; and b. The City Council of East Wenatchee ("City Council") finds that it is in the best interests of the City of East Wenatchee ("City") and its citizens to increase the amount of the City's regular property tax levy for 2012. C. Authority. RCW 84.55.120 authorizes the City Council to adopt a tax increase by ordinance. d. Findings. i. The population of the City is more than 10,000; ii. The City Council has considered the City's anticipated financial requirements for 2012 and beyond, and the amounts necessary and available • to be raised by ad valorem taxes on real, personal and utility property, including amounts resulting from new construction, improvements to property, the allowable 1 % increase limit, the availability of the banked capacity and any increase in the assessed value of state -assessed property; iii. If the annual Implicit Price Deflator exceeds 1 %, a city may increase its property tax levy in the amount not to exceed I % in a given year. Historically, the City council has not authorized an annual 1 % increase. As a result, the City has built up a "banked capacity" of$84,720. iv. The City's Finance Director recommends that the City needs to increase property tax revenue from the previous year by the amount of the banked capacity. V. After proper notice, the City Council held a public hearing on October 25, 2011. At this public hearing, the City Council considered revenue sources for the City's current expense budget for 2012. vi. After the hearing and after duly considering all relevant evidence and testimony presented, the City Council determined that the City requires an increase in property tax revenue from the previous year, in addition to the increase in property tax revenue resulting from the addition of new construction, improvements to property, and any increase in the value of state -assessed property, in order to discharge the expected expenses and obligations of the City. vii. The City council finds that the City has future substantial need to increase • property tax revenue. ORDINANCE NO. 2011- Page lof4 \\ewsvrl\usd$\dbanwd\My Documents\CITY CLEMORDINANC\Ordinance 2011-B Property Tax Ord w-Banked Capacity.docx • 2. Authority a. RCW 32A.11.020 and RCW 35A.2.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. b. RCW 84.55.12o authorizes the City Council to adopt a tax increase by ordinance. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Purpose. The City wishes to establish its regular property tax levy for the year 2012. Section 2: Authorization. The City Council authorizes an increase in the general property tax levy, for the 2011 property tax levy on all real, personal and utility property authorized for collection in 2012, in the amount of $84,720 which is the previously banked capacity allowed under the provisions of state law, the current allowable 1 % increase in the amount of$15,118.91, additional revenue resulting from the addition of new construction and improvements to property, plus any increase in the value of state -assessed property, and plus any additional amount resulting from annexations that have occurred and refunds made. Section 3: Estimate. As required by RCW 84.52.020, for budget purposes, the City Council estimates that the amount of property tax to be collected in the year 2012 will be $1,616,473.05. The City Council estimates that the contingency property tax to be collected will be $50,000. Section 4: Certification. As required by RCW 84.52.020, the City Council certifies to Douglas County's legislative authority that the City is requesting that the regular levy, in the amount of$1,616,473.05, be collected in 2012. Section 5: Payment. The property taxes levied by this Ordinance shall be collected and paid to the City Treasurer at the time and in the manner provided by the laws of the State of Washington. Section 6: Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Section 7: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance Section 8: Effective Date. This Ordinance becomes effective five days after the date its summary is published. ORDINANCE NO. 2011- Page 2 of 4 \\ewsvr1\usd$\dbarnard\My Documents\CITY CLEMORDINANC\Ordinance 2011-B Property Tax Ord w-Banked Capacity.docx Section 9: Filing. The City Council directs the City Clerk to file this Ordinance with the 0 legislative authority of Douglas County. Section 10: Short Title. This Ordinance shall be known as the 2011 Levy and may be cited as such. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2011. By Steven C. Lacy, Mayor ATTEST: • Dana Barnard, City Clerk Approved as to form only: Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: is ORDINANCE NO. 2011- Page 3 of 4 \\ewsvrl WsdS\dbarrwd\My Documents\CITY CLEMORDINANC\Ordinance 2011-B Property Tax Ord w-Banked Capacity.docx • Summary of Ordinance No. 2011- Or the City of East Wenatchee, Washington On the day of , 2011, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2011 - , the main point of which may be summarized by its title as follows: An ordinance of the City of East Wenatchee authorizing an increase of $84,720 in the regular property tax levy resulting from previously banked capacity to be collected in the 2012 tax year. Upon request, the City will mail a full text of this Ordinance. • Dated this day of , 2011. CITY CLERK, DANA BARNARD ORDINANCE NO. 2011- Page 4 of 4 \\ewsw1\usd$\dbarnard\My Documents\CITY CLERMORDINANC\Ordinance 2011-B Property Tax Ord w-Banked Capacity.docx • • COUNCIL AGENDA BILL # 1 1-1 1-07 C PRESENTER: POSITION: Nick Gerde CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # 7 AGENDA DATE: November 22. 2011 Finance Director DEPARTMENT: Finance TITLE: An ordinance of the City of East Wenatchee authorizing the regular property tax levy to be collected in the 2012 tax year and authorizing any increase which may be allowed in the amount under new construction, improvements to property and the State assessed property provisions of State Law. BACKGROUNDMISTORY: Legal Considerations: • The City is allowed to increase its property tax levy by up to the Implicit Price Deflator (IPD) or one percent, whichever is lower, from the highest lawful levy since 1985. • The City is allowed in increase its property tax levy by any amount of previously banked capacity which may have resulted by not increasing property tax by the allowable 1%. • The Ordinance must be approved by a majority of the City Council (four affirmative votes). • The Ordinance must specifically state the increase in terms of both dollars and percentage. • Prior to adopting the Ordinance, the City must hold a public hearing to discuss the following year's current expense budget. • The public hearing must include discussion on the possibility of an increase in property tax revenues. • The City Clerk must file the certified budget or estimate with Douglas County on or before November 30th. Financial Considerations: 1. The Council has received the annual communication from the Douglas County Assessor with schedules and calculations for the purpose of the City's deliberation in deciding whether to collect the additional property tax on new construction and the allowable additional 1% increase limit. These materials were also provided at the Public Hearing held on October 25, 2011. 2. The City is allowed to collect the additional property tax on new construction and improvements to property. This amount is $4,743.14 for 2012. 3. The City is allowed to collect the additional 1% for 2012 since the Implicit Price Deflator exceeds the 1% limit (the IPD was 2.75477%). This amount is $15,118.91 for 2012. 4. The City is allowed to collect all or a portion of the previously banked capacity. This amount is $84,720.00 for 2012. 5. The City Council has historically not chosen to increase the property tax by the allowable 1 %. The City Council has also historically not chosen to increase the property tax by any amount of the previously banked capacity. Based upon these factors, the attached ordinance has been developed assuming that the City Council desires to be consistent in annually authorizing the regular property tax levy and the increase resulting from the additional property tax on new construction and building improvements. These amounts total $1,516,634.14 for collection in the 2012 tax year. Page 1 of 2 n U • 0 EXHIBITS: Draft Ordinance for Consideration. RECOMMENDED ACTION: Second reading of the proposed ordinance. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ 0 $ 0 $ 1,516,634.14 ACTION TAKEN: Motion Made By: Y cl 5 Second By: ( (c orne'(- Councilmember Bremmer Councilmember Raab /UD Councilmember Johnson ✓ )0 Councilmember Buckner Councilmember McCourt 4)0 Councilmember Hendricks Councilmember Barnhart A)O Passed: Failed: S Mayor Lacy (in case of tie) Page 2 of 2 CITY OF EAST WENATCHEE, WASHINGTON • ORDINANCE NO. 2011- An Ordinance of the City of East Wenatchee authorizing the regular property tax levy to be collected in the 2012 tax year and authorizing any increase which may be allowed in the amount under new construction, improvements to property and the State assessed property provisions of State Law. Recitals a. Preamble. The City of East Wenatchee ("City) is a non -charter code City duly incorporated and operating under the laws of the State of Washington; and b. The City Council of East Wenatchee ("City Council") finds that it is in the best interests of the City of East Wenatchee ("City") and its citizens to increase the amount of the City's regular property tax levy for 2012. C. Authority. RCW 84.55.120 authorizes the City Council to adopt a tax increase by ordinance. d. Findings. i. The population of the City is more than 10,000; • ii. The City Council has considered the City's anticipated financial requirements for 2012 and beyond, and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property, including amounts resulting from new construction, improvements to property, and any increase in the assessed value of state -assessed property; iii. After proper notice, the City Council held a public hearing on October 25, 2011. At this public hearing, the City Council considered revenue sources for the City's current expense budget for 2012. iv. After the hearing and after duly considering all relevant evidence and testimony presented, the City Council determined that the City does not have a need to increase property tax revenue from the previous year by the allowable 1 %, does not need to increase property tax revenue by collecting previously banked capacity, but does have a need for the increase in property tax revenue resulting from the addition of new construction, improvements to property, and any increase in the value of state -assessed property, in order to discharge the expected expenses and obligations of the City. V. The City Council finds that the City has future substantial need to increase property tax revenue. 2. Authority a. RCW 32A.11.020 and RCW 35A.2.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. ORDINANCE NO. 2011- Page 1 of 4 \\ewsw1 \usd$\dbamard\My DocumentsWI TY CLERK\ORDINANC\Ordinance 2011-C Property Tax Ordinance.docx b. RCW 84.55.12o authorizes the City Council to adopt a tax increase by ordinance. 0 THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Purpose. The City wishes to establish its regular property tax levy for the year 2012. Section 2: Authorization. The City Council authorizes an increase in the general property tax levy, for the 2011 property tax levy on all real, personal and utility property authorized for collection in 2012, in the amount of zero dollars which is a percentage increase allowed under the provisions of state law, additional revenue resulting from the addition of new construction and improvements to property, plus any increase in the value of state -assessed property, and plus any additional amount resulting from annexations that have occurred and refunds made. Section 3: Estimate. As required by RCW 84.52.020, for budget purposes, the City Council estimates that the amount of property tax to be collected in the year 2012 will be $1,516,634. The City Council estimates that the contingency property tax to be collected will be $50,000. Section 4: Certification. As required by RCW 84.52.020, the City Council certifies to • Douglas County's legislative authority that the City is requesting that the regular levy, in the amount of$1,516,634, be collected in 2012. is Section 5: Payment. The property taxes levied by this Ordinance shall be collected and paid to the City Treasurer at the time and in the manner provided by the laws of the State of Washington. Section 6: Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Section 7: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance Section 8: Effective Date. This Ordinance becomes effective five days after the date its summary is published. Section 9: Filing. The City Council directs the City Clerk to file this Ordinance with the legislative authority of Douglas County. Section 10: Short Title. This Ordinance shall be known as the 2011 Levy and may be cited as such. ORDINANCE NO. 2011- Page 2 of 4 \\ewsw1 Vnsd$\dbanwd\My Documents\CITY CLEMORDINANC\Ordinance 201 I-C Property Tax Ordinance.docx • Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2011. By Steven C. Lacy, Mayor ATTEST: Dana Barnard, City Clerk Approved as to form only: • Devin Poulson, City Attorney • Filed with the City Clerk: Passed by the City Council: Published: Effective Date: ORDINANCE NO. 2011- Page 3 of 4 \\ewsvr1\us \dbarrwd\My Documents\CITY CLERK\ORDINANC\Ordinance 2011-C Property Tax Ordinance.docx • • E Summary of Ordinance No. 2011-. Or the City of East Wenatchee, Washington On the day of , 2011, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2011-the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee authorizing the regular property tax levy to be collected in the 2012 tax year and authorizing any increase which may be allowed in the amount under new construction, improvements to property and the State assessed property provisions of State Law. Upon request, the City will mail a full text of this Ordinance. Dated this day of , 2011. CITY CLERK, DANA BARNARD ORDINANCE NO. 2011- Page 4 of 4 \\ewswi \usdS\dbarnard\My Documents\CTTY CLEMORMANC\0rdinance 2011-C Property Tax Ordinance.docx • 0 CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL COUNCIL AGENDA BILL* 1 1-1 1-07 A PRESENTER: POSITION: Nick Gerde Finance Director AGENDA ITEM # 7 AGENDA DATE: DEPARTMENT: November 22, 2011 Finance Department TITLE: An ordinance of the City of East Wenatchee authorizing an increase of one percent in the regular property tax levy to be collected in the 2012 tax year. BACKGROUND/ HISTORY: Legal Considerations: • The City is allowed to increase its property tax levy by up to the Implicit Price Deflator (IPD) or one percent, whichever is lower, from the highest lawful levy since 1985. • The Ordinance must be approved by a majority of the City Council (four affirmative votes). • The Ordinance must specifically state the increase in terms of both dollars and percentage. • Prior to adopting the Ordinance, the City must hold a public hearing to discuss the following year's current expense budget. • The public hearing must include discussion on the possibility of an increase in property tax revenues. • The City Clerk must file the certified budget or estimate with Douglas County on or before November 30th. Financial Considerations: 1. The Council has received the annual communication from the Douglas County Assessor with schedules and calculations for the purpose of the City's deliberation in deciding whether to collect the additional property tax on new construction and the allowable additional 1% increase limit. These materials were also provided at the Public Hearing held on October 25, 2011. 2. The City is allowed to collect the additional 1 % for 2012 since the Implicit Price Deflator exceeds the 1% limit (the IPD was 2.75477%). 3. The 2012 allowable 1% increase amount is $15,118.91. The amount for new construction is estimated by the Assessor to be approximately $4,743.14. When added to the previous year's actual levy of $1,511,891, the total property tax levy amount would be $1,531,753.05. EXHIBITS: Draft Ordinance for Consideration. RECOMMENDED ACTION: Second reading of the proposed ordinance. Page 1 of 2 0 I►� • FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ 0 $ 0 $ 1,531 ,753.05 ACTION TAKEN: Motion Made By: �ohaz� nil Second By: i��G,�-j Councilmember Bremmer A t7 Councilmember Raab Councilmember Johnson Councilmember Buckner Councilmember McCourt Councilmember Hendricks IV Councilmember Barnhart Passed: 512 Failed: Mayor Lacy (in case of tie) Page 2 of 2 • CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2011- 9 An ordinance of the City of East Wenatchee authorizing an increase of one percent in the regular property tax levy to be collected in the 2012 tax year Recitals a. Preamble. The City of East Wenatchee ("City) is a non -charter code City duly incorporated and operating under the laws of the State of Washington; and b. The City Council of East Wenatchee ("City Council") finds that it is in the best interests of the City of East Wenatchee ("City") and its citizens to increase the amount of the City's regular property tax levy for 2012. C. Authority. RCW 84.55.120 authorizes the City Council to adopt a tax increase by ordinance. d. Findings. i. The population of the City is more than 10,000; ii. The Implicit Price Deflator for 2011 exceeds 1 % (July 2010 to July 2011 change is 2.75477%); iii. The City Council has considered the City's anticipated financial requirements for 2012 and beyond, and the amounts necessary and available to be raised by ad valorem taxes on real, personal and utility property, including amounts resulting from new construction, improvements to property, the allowable 1 % increase limit, and any increase in the assessed value of state -assessed property; iv. The City's Finance Director recommends that the City needs to increase property tax revenue from the previous year by the allowable 1 % limit; V. After proper notice, the City Council held a public hearing on October 25, 2011. At this public hearing, the City Council considered revenue sources for the City's current expense budget for 2012. vi. After the hearing and after duly considering all relevant evidence and testimony presented, the City Council determined that the City requires an increase in property tax revenue from the previous year, in addition to the increase in property tax revenue resulting from the addition of new construction, improvements to property, and any increase in the value of state -assessed property, in order to discharge the expected expenses and obligations of the City. vii. The City Council finds that the City has future substantial need to increase property tax revenue. ORDINANCE NO. 2011- Page 1 of 4 \\ewsvrl\usd$\dbamard\My Documents\CITY CLERK\ORDINANC\Ordinance 2011-A Property Tax Ordinance w 1%.docx • 2. Authority a. RCW 32A.11.020 and RCW 35A.2.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. b. RCW 84.55.12o authorizes the City Council to adopt a tax increase by ordinance. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Purpose. The City wishes to establish its regular property tax levy for the year 2012. Section 2: Authorization. The City Council authorizes an increase in the general property tax levy, for the 2011 property tax levy on all real, personal and utility property authorized for collection in 2012, in the amount of $15,118.91 which is a 1 % increase allowed under the provisions of state law, additional revenue resulting from the addition of new construction and improvements to property, plus any increase in the value of state -assessed property, and plus any additional amount resulting from annexations that have occurred and refunds made. Section 3: Estimate. As required by RCW 84.52.020, for budget purposes, the City Council estimates that the amount of property tax to be collected in the year 2012 will be • $1,531,752.91. The City Council estimates that the contingency property tax to be collected will be $50,000. Section 4: Certification. As required by RCW 84.52.020, the City Council certifies to Douglas County's legislative authority that the City is requesting that the regular levy, in the amount of$1,531,753.05, be collected in 2012. Section 5: Payment. The property taxes levied by this Ordinance shall be collected and paid to the City Treasurer at the time and in the manner provided by the laws of the State of Washington. Section 6: Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Section 7: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance Section 8: Effective Date. This Ordinance becomes effective five days after the date its summary is published. Section 9: Filing. The City Council directs the City Clerk to file this Ordinance with the 0 legislative authority of Douglas County. ORDINANCE NO. 2011- Page 2 of 4 \\ewsvrl\usd$\dbamard\My Documents\CITY CLERK\ORDINANC\Ordinance 2011-A Property Tax Ordinance w 1%.docx • Section 10: Short Title. This Ordinance shall be known as the 2011 Levy and may be cited as such. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of 12011. By Steven C. Lacy, Mayor ATTEST: Dana Barnard, City Clerk • Approved as to form only: • Devin Poulson, City Attorney Filed with the City Clerk: _ Passed by the City Council: Published: Effective Date: ORDINANCE NO. 2011- Page 3 of 4 \\ewsw1 \us \dbamard\My Documents\CII'Y CLERK\ORDINANC\Ordinance 2011-A Property Tax Ordinance w 1%.docx • Summary of Ordinance No. 2011- (#) Or the City of East Wenatchee, Washington On the day of , 2011, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2011 — (#), the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee authorizing an increase of one percent in the regular property tax levy to be collected in the 2012 tax year. Upon request, the City will mail a full text of this Ordinance. Dated this day of 92011. CITY CLERK, DANA BARNARD ORDINANCE NO. 2011- Page 4 of 4 \\ewsvrl\usd$\dbamard\My Documents\CITY CLERK\ORDINANC\Ordinance 2011-A Property Tax Ordinance w 1%.docx �I COUNCIL AGENDA BILL* 11-11-11 PRESENTER: Nick Gerde POSITION: Finance Director CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # 8 AGENDA DATE: DEPARTMENT: November 22, 2011 Department Name TITLE: AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON FIXING AND CONFIRMING THE SALARIES AND COMPENSATION TO BE PAID TO CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY OF EAST WENATCHEE DURING THE YEAR 2012. BACKGROUND/HISTORY: Legal Considerations: 1. The City is obligated under RCW 35.33.055 to prepare a preliminary budget for the following year and make them available to the public not later than six weeks before the beginning of the next year; 2. The City is obligated under its bargaining unit contracts and employee contracts to pay the salaries and benefits agreed to under those contracts; and 3. The City is obligated under RCW 35.33.107 that notwithstanding the appropriations for any salary, or salary range of any employee or employees adopted in a final budget, the City Council may by ordinance, change the wages, hours, and conditions of employment of any or all of its appointive employees if sufficient funds are available for appropriation to such purposes. Financial Considerations: The City's Finance & Budget Policy, adopted by the City Council under Resolution No. 2009-06, outlines the processes, informational tools and expenditure data that needs to developed, reviewed and approved for inclusion in the City's Annual Financial Budget. The expenditure data includes the salaries, payroll and benefit costs which the City expects to spend in the budget year in support of City operations. 2. The City Council annually approves the monthly base salaries of certain City Officials, non -bargaining unit/ non- contract employees, and temporary part- time employees. City Officials include the Mayor and seven (7) Council Page 1 of 1 members. Non -bargaining and non -contract employees include a total of eight employees, seven salaried and one hourly; and three temporary part-time employees. 3. These monthly base salary costs and the associated tax and benefit costs are included in substance in various departments and funds in the City's 2012 Annual Financial Budget, as well as those salary and benefits costs delineated in bargaining unit and employee contracts. EXHIBITS: Salary Ordinance 201 1-XX for 2012 Salaries and the associated step -plan exhibit. RECOMMENDED ACTION: First reading of an ordinance fixing and confirming salaries and compensation to be paid to certain officials and employees of the City of East Wenatchee during the year 2012. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Included $ 645,066 $ 645,066 in 2012 Annual Budget ACTION TAKEN: Motion Made By: Councilmember Bremmer CouncilmemberJohnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 2 of 2 • ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON FIXING AND CONFIRMING THE SALARIES AND COMPENSATION TO BE PAID TO CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY OF EAST WENATCHEE DURING THE YEAR 2012, CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Exhibit: The attached Exhibit One to this ordinance includes the monthly base salary schedule within a seventeen -step salary plan for non-bargaining/non contract employees; the monthly base salaries to be paid to temporary part-time employees based upon an hourly rate and actual hours worked; and the monthly salaries to be paid to the officials of the City of East Wenatchee. Section 2: Salaries. The monthly base salaries to be paid to the officials and employees of the City of East Wenatchee reflected in the attached Exhibit One, with the exception of bargaining unit and contract employees, during the year 2012, shall be as follows: Legislative Department Mayor 4,408.40 Councilmembers 550.00 Executive Secretary (.5FTE) 2,386.05 Municipal Court Court Administrator 4,826.43 City Clerk Department City Clerk 5016.82 Finance Department City Treasurer 6,931.90 Accounting Asst (.5FTE) 2,386.06 Civil Service Chief Examiner/Secretary 66.00 one meeting per month Additional assignments at $16.50 per hour Page 1 of 1 • Law Enforcement Dent Police Chief 7,708.37 Asst Police Chief 6,475.97 Community Development Dept Community Development Dir 6,025.50 Events Department Events Assistant Street Department Street Superintendent Part-time Landscaper Part-time Landscaper 951.29 4,648.47 1,462.46 (7 Months) 1,006.46 (7 Months) Section 3: Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Section 4: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance Section 5: Effective Date. This Ordinance becomes effective five days after the date its summary is published. Section 6: Short Title. This Ordinance shall be known as the 2012 Salary Ordinance and may be cited as such. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of 12011. CITY OF EAST WENATCHEE, WASHINGTON By Steven C. Lacy, Mayor Page 2 of 2 • ATTEST: 0 • Dana Barnard, City Clerk FILED WITH THE CITY CLERK: 11/17/11 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: Approved as to form only: Devin Poulson, City Attorney Page 3 of 3 • SUMMARY OF ORDINANCE NO. 2011- Of the City of East Wenatchee, Washington On the day of , 2011, the City Council of the City of East Wenatchee, Washington, approved Ordinance No.2011- , the main point of which may be summarized by its title as follows: AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON FIXING AND CONFIRMING THE SALARIES AND COMPENSATION TO BE PAID TO CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY OF EAST WENATCHEE DURING THE YEAR 2012, CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. Upon request, the City will mail a full text of this Ordinance. Dated this day of December, 2011. • CITY CLERK, DANA BARNARD L� Page 4 of 4 • • O N n � of N N iri V W v °i M N m co O N N om r Q7 <O n M ai N N r N Sri N N N N O W N O (O n p N Ol M N n M O O O M N O Y M c0 O M rn m o V n M N r M N om m � M O O OJ o of p O n co N M co D °i N N n N O N N N O � N M c W n n n v w O O m n co N r o m W N v O N `m co N U1 N 0 0= o V O N r O N N N O r r N N sT M CO n n m M m (O N N (D m N O N O of O M M V N N V O O� V 0 a O N V N cD M O N N N N M O ro O N N N O OJ M m N n O O N N CD tp O M N N N N 1! M M a M QJ O M M r N n M N O N N m < N fD ? O n m O V cc N c?cD M O) Of Y N M V ll O O E E A M OJ O N O N O Q� O ^ h M M O N r r O w N r N T M h d o w 3 d J m M v O n O N O v N o0 n o O N n LL a 16 o w w o m n m c a 0 3 W cp Lq 4� o w V o o a, ui O of M ai rn O ro M m O ti n � 3 3 � N N N Z n V N V Lr tD O V O O O O N N M V a o o ° O O Q U m 3 w rn rn rn M w aEi d m Q L v "It rn v m n N >- E E O U) C C E IL J a n m W cnv cNo m uNi n c� Zv d c c o m E M v o rn v coo o J OM On QM r (np n M O O M (O N oN0 N QNi tN'I ~ W �`N M a N V O r M N N N ? N m M F Z Za N O m V N (° O m O. -o a U Z N O N m N O Ql QJ N V m N 0 M Z Z _y U Q N N V N m O of N 47 M N a O C J J a ry N CNJ V' W O N m r T T T ——— w o o a Q o a �m ___ rn o rn h a t N Q ur N m O n a M o O) N O M o O m 0 O 0 0 0 V- °n' LL c o m m v a o o uni uni a I.L U N LL LL 0 0 0 0 0 0 o Q Q �, m m m Q o 0 J ma o 0 0 0 0 0 0 o J O V N J v o an d re o Ni m a nm c wi Q c a o �n Q uoi U) E a> m ai E m ro n v N ro n (n o E v o m U) Z U d V 7 v tD 7 M e v < Z U Z a u � O O v =C) S w w w w w w w w U' 2 a°. U' C7 Z A o > S a c s = 2 2 o s Q.° o 3 ?� a o o❑ w o o W w W w W c A o U o i� i;. J c n. a e oa w ❑ in in w w ❑ 2 N E m a 2 2 U U c� Elm `' Z E E N r o Z m Z o « N C O p a N O ~ fA y N c0 V U 04 N N U d Q E E U •C c ` Q c c m Q K o m w a o a ` ,.. _ O ❑- w J J W W N LL>U v co Y d ? t U c > ° fl" LL LL co E � c -`O vO >- om cO U c t ?UO a U C O U paLL m m U p o. U 171 9 COUNCIL AGENDA BILL* 1 1-1 1 -12 PRESENTER: POSITION: Nick Gerde CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL AGENDA ITEM # AGENDA DATE: Finance Director DEPARTMENT: E November 22, 2011 Finance TITLE: An ordinance of the City Council of the City of East Wenatchee, Washington, adopting the final budget of the City for the fiscal year commencing January 1, 2012. BACKGROUND/HISTORY: Legal Considerations: 1. The City is obligated under RCW 35.33.031 to receive and consider estimates of revenues and budgeted expenditures from City staff prior to the 2nd Monday of September, prepared in accordance with the requirements and classification of the Washington State Auditor. 2. The City is obligated under RCW 35.33.055 to prepare a preliminary budget for the following year and make them available to the public not later than six weeks before the beginning of the next fiscal year; 3. The City is obligated under RCW 35.33.057 to provide a budget message with the preliminary budget at least 60 days before the end of the fiscal year; 4. The City is obligated under RCW 35.33.061 to provide timely notice for the purpose of fixing the final budget, designating the date, time and place of the City Council meeting, and that any taxpayer may appear thereat and be heard for or against any part of the budget; and 5. The City has met its obligations under prevailing RCW's for a public hearing of its annual financial budget on November 22, 201 1 for the year 2012. Financial Considerations: In May of 2009, the City Council adopted by resolution No. 2009-06 a Finance and Budget Policy which outlines the purposes, framework and organizational participation for the City to accomplish its Annual Financial Budget and Annual Financial Plan; Page 1 of 1 • .7 • 2. Through participation by the City's 2012 Budget Committee, Mayor, City Council and City Staff, the City has followed its Policy in preparing a Preliminary Budget for 2012 which the City has available and estimated resources to support. 3. The Public Hearing provides an opportunity for the public (any taxpayer) to gain a better understanding of the elements of the Preliminary Budget and be heard for or against any part of the budget. 4. Following conclusion of the Public Hearing, the City Council shall make such adjustments and changes as it deems necessary or proper to finalize the budget. Adoption of the Annual Budget occurs after the second reading of the Ordinance scheduled on December 13, 2011, but no later than prior to the beginning of the 2012 fiscal year. EXHIBITS: Draft 2012 Budget Ordinance. RECOMMENDED ACTION: First Reading of the 2012 Budget Ordinance for Council Approval. FINANCIAL DATA: Expenditure Required $ None ACTION TAKEN: Motion Made By: Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Amount Budgeted Appropriation Required $ None $ None Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 2 of 2 CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE, WASHINGTON, ADOPTING THE FINAL BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2012 1. Recitals a. Preamble. The City of East Wenatchee ("City") is a non -charter code city duly • incorporated and operating under the laws of the State of Washington; and b. Conditions Precedent. Previously, the City Council of East Wenatchee ("City Council'): i. prepared and filed its preliminary budget for the year 2012; ii. gave notice of the time and place of hearing thereon according to law; iii. met in accordance with said notice; and iv. considered the proposed budget. C. Authority. i. RCW 35A.11.020 authorizes the City Council to regulate local affairs and provide municipal services. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Purpose. Adopt a City budget for the year 2012. Section 2: Adoption of 2012 Budget. In accordance with RCW 35A.33.075, the City Council adopts, by reference, the final budget for the year 2012 for the City of East Wenatchee, Washington. Page 1 of 1 Section 3: Recognition of Estimated Beginning Fund Balances and Estimated Revenues: • The 2012 Budget recognizes estimates for its beginning fund balances and estimated revenues for 2012 from the following fund sources: Estimated 2012 Estimated Fund Beginning 2012 Fund Balance Revenue Current Expense Fund 1,363,497 7,167,505 Street Fund 86,404 712,000 Community Developments Grant Fund 10,422 201,478 Library Fund 5,023 3,000 Hotel/Motel Tax Fund 13,605 36,000 Drug Fund 5,368 1,800 Criminal Justice Fund 19,421 40,250 Events Fund 1,327 180,850 Bond Redemption Fund 9,746 192,639 Street Improvements Fund 14,535 2,464,589 Capital Improvements fund 761,973 200,000 Equipment Repair & Replacement Fund 7,331 0.00 Total 2,298,652 11,200,111 Section 4: Funds Appropriated. The 2012 Budget is appropriated by fund as follows: Fund 2012 Appropriation Current Expense Fund 8,531,002 Street Fund 798.404 Community Developments Grant Fund 211,900 Library Fund 8,023 Hotel/Motel Tax Fund 49,605 Drug Fund 7,168 Criminal Justice Fund 59,671 Events Fund 182,177 Bond Redemption Fund 202,385 Street Improvements Fund 2,479,124 Capital Improvements fund 961,973 Equipment Repair & Replacement Fund 7,331 Total 13,498,763 Page 2 of 2 • Section 5: 2012 Financial Budget Summarized Cash Flow by Fund and Combined: The following is a summary cash flow schedule for 2012 with estimated revenue by fund and in total, and budgeted expenditures by fund and in total. Estimated Estimated Fund Fund Balance Estimated Budgeted Balance 31-Dec- Fund 1-Jan-2012 Revenues Expenditures 2012 Current Expense Fund 1,363,4897 7,167,505 7,144,448 1,386,554 Street Fund 86,404 712,000 728,100 70,304 Community Developments Grant Fund 10,422 201,478 201,038 10,862 Library Fund 5,023 3,000 3,500 4,523 Hotel/Motel Tax Fund 13,605 36,000 36,000 13,605 Drug Fund 5,368 1,800 1,000 6,168 Criminal Justice Fund 19,421 40,250 36,000 23,671 Events Fund 1,327 180,850 178,300 3,877 Bond Redemption Fund 9,746 192,639 198,413 3,972 • Street Improvements Fund 14,535 2,464,589 2,464,589 14,535 Capital Improvements fund 761,973 200,000 404,979 556,994 Equipment Repair & Replacement Fund 7,331 - - 7,331 Total 2,298,653 11,200,111 11,396,367 2,102,396 Section 6: Final Budget on file. A detailed final budget, including a list of revenues and expenditures for each separate fund, shall be on file with the City Clerk of the City of East Wenatchee, East Wenatchee, Washington. The City Council also directs the City Clerk to upload a copy of the final budget on the City's website. Section 7: Transmittal. The City Treasurer shall transmit a complete copy of the final budget for 2012 as adopted, together with a copy of this adopting ordinance to the Division of Municipal Corporations of the State Auditor and to the Association of Washington Cities. Section 8: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. 0 Section 9: Effective Date. This Ordinance becomes effective on January 1, 2012. Page 3 of 3 . Passed by the City Council of East Wenatchee, at a regular meeting thereof on this (insert date). ATTEST/AUTHENTICATED: CITY CLERK, DANA BARNARD APPROVED AS TO FORM: • CITY ATTORNEY, DEVIN POULSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: • APPROVED: MAYOR STEVEN C. LACY Page 4 of 4 • SUMMARY OF ORDINANCE NO. 2011- OF THE CITY OF EAST WENATCHEE, WASHINGTON On this _ day of , 2011, the City Council of the City of East Wenatchee, Washington, passed Ordinance No. 2011- . A summary of the content of said ordinance consisting of the title, provides as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE ADOPTING THE FINAL BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2012. DATED December , 2011. Dana Barnard, City Clerk U • Page 5 of 5 CITY OF EAST WENATCHEE COUNCIL MINUTES JULY 28, 2009 CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED I MAYOR STEVEN C. LACY, PRESIDING JULY 28, 2009 See Pape 2 6:30 P.M. ROLL CALL Councilmember's Present: Councilmember Bremmer, Councilmember Raab, Councilmember Hendricks, Councilmember Buckner, Councilmember Johnson, and Mayor Lacy. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Buckner, to excuse Councilmember Barnhart from this meeting. The motion carried, 5-0. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Buckner, to excuse Councilmember McCourt from this meeting. The motion carried, 5-0. Staff Present: Dana Barnard, Brandon Mauseth, Devin Poulson, Lori Barnett, Nick Gerde, Dawn Collings, Randy Harrison, and Catalina Garibay. PLEDGE OF ALLEGIANCE PROCLAMATION Mayor Lacy read a proclamation proclaiming that the City of East Wenatchee is committed to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010. He presented the 2010 Census Partner Proclamation to United States Census Bureau representative, Steve Pasion, and thanked him for his work on behalf of the city and citizens. BUDGET ISSUES Mayor Lacy said that the Budget Committee has identified a series of city projects, and a means by which those projects and future projects will be paid. He said it is important for all members of the City Council to participate in the Budget Committee meetings on a rotating basis so that the plan that has been developed is well assimilated by all the Councilmember's before beginning the budget process this year. He encouraged Councilmember's that have not been able to attend the meeting to meet with City Treasurer/Finance Director, Nick, Gerde, to ensure they are apprised of the current information, polices, and goals. He added he would like to dedicate a couple of meetings to hold budget workshops exclusively for budget purposes. City Treasurer/Finance Director, Nick Gerde, said the next budget committee meeting will be held August 18, 2009, with Councilmember's Hendricks, Barnhart, and Bremmer attending. MAYOR'S REPORT Mayor Lacy said he participated in a radio interview accompanied by Senator Linda Evans-Partlette and Commissioner Ken Stanton with regards to what should happen to property now owned by the State Department of Transportation, along the Douglas County side of the Apple Capital Loop Trail. He said they are asking the local community and local agencies to come forward with their vision for what they want to see happen with the trail. He added a community forum will be held August 4, 2009, at the Douglas County Transportation and Land Services located at 140 19`h Street NW from 4:00 p.m. to 8:00 p.m. CITY OF EAST WENATCHEE COUNCIL MINUTES JULY 28, 2009 • Mayor Lacy said the City was notified that they qualified to receive a Federal Community Oriented Policing Services (COPS) Grant, which would pay approximately $88,000 a year for three years to cover the salary and benefits of one police officer. If the City accepts the grant, they must agree to keep the officer on the force for at least one year after the grant expires. He said he has asked Legal Council to research laws regarding advertising that would be legal as it relates to hiring a bi- cultural, bi-lingual officer. He said he has had numerous contacts over the years as to why the City of East Wenatchee does not have more Hispanic employees or officers, and since 30% of the calls that come in for police are related to Hispanics in the community, he believes it would be beneficial to our citizens to employ a bi-cultural, bi-lingual officer. Police Chief, Randy Harrison, said the official award of the grant will be on September 1, 2009. The City then has 90 days to accept or reject the grant. He added he was somewhat surprised that the City of East Wenatchee was selected to receive the grant as the Department of Justice received 7,200 applications for the COPS grant money and only 1,046 Law Enforcement agencies nationwide were awarded the funds. Mayor Lacy said the City Council will have an official opportunity to consider the acceptance of this grant following the official award. CONSENT CALENDAR 1. Consideration of Minutes — Regular Session, July 14, 2009 2. Consideration of Bills Council Action: A motion was made by Councilmember Bremmer, second by Councilmember Raab, to approve the consent calendar as presented. The motion carried, 5-0. Vouchers audited and certified by the auditing officer as required by RCW 42.24.080 and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded in a listing, which has been made available to Council. 2009 Payables As of this date, July 28, 2009, Council does approve warrant numbers 21912 through 21965 in the total amount of $106,586.38. Payables warrants 21942 and 21946 were voided. June 2009 Payroll As of this date, July 28, 2009, Council approves warrant numbers 393 through 410 for advances and direct deposits, and warrant numbers 27555 through 27640 in the total amount of $318,115.18 paid July 1, 2009, for the month of June 2009. No payroll warrants were voided. PUBLIC HEARING 09-07-06 A public hearing to consider findings of fact and conclusions of law to support the adoption of an extension of the Interim Street Design Standards. Mayor Lacy opened the public hearing at 7:03 p.m. Hearing no comment, Mayor Lacy closed the public hearing at 7:03 p.m. 09-07-07 A public hearing to consider findings of fact and conclusions of law to support the 0 adoption of an extension of the Interim Stormwater Management Design Standards. Mayor Lacy opened the public hearing at 7:03 p.m. CITY OF EAST WENATCHEE COUNCIL MINUTES JULY 28, 2009 • • • Dave Schwab, Eastmont Metropolitan Park District Director, spoke in favor of extending the Interim Stormwater Management Design Standards. Mayor Lacy closed public hearing at 7:05 p.m. ACTION ITEMS 09-07-08 Authorization for the Mayor to sign Contract Agreement No. 2 - Canyon A Flood Control - Phase 2, Supplemental Design and Permitting Services to the Professional Engineering Services Agreement with RH2 Engineering. Street Superintendent, Brandon Mauseth, said the scope of work covered in this supplement is to finalize the engineering design and permitting for Phase III and Phase IV of the Canyon A project. Phase III is the work to be included with the WSDOT George Sellar Bridge Project in 2010 & 2011. Phase IV is the portion of the project that will connect the pipe installed at 3'a St. NE and Baker Avenue, during the Central Business District (CBD) street project, to the culvert under Eastmont Avenue. It is anticipated that Phase IV will be completed in conjunction with Phase III of the project, completing the Canyon A Flood Control Project. Council Action: A motion was made by Councilmember J Bremmmer, to authorize the Mayor to sign Contract Amendment Phase 2, Supplemental Design and Permitting Services to the Agreement with RH2 Engineering. The motion carried, 5-0. ohnson, second by Councilmember No. 2 — Canyon A Flood Control - Professional Engineering Services 09-07-09 Authorization for the Mayor to sign a Contract with Quality Lawncare for installation of an irrigation system for the Peach Haven Stormwater Pond at the intersection of Eastmont Avenue and 19th Street. Street Superintendent, Brandon Mauseth, said that at the June 18, 2009, Stormwater Utility (SWU) Management Team meeting, the City of East Wenatchee was authorized to request bids for installation of an irrigation system at the Peach Haven Stormwater Pond through the City's Small Works Roster. The costs for the irrigation installation will be covered within the 2009 SWU Budget for small construction projects. He said he received two eligible bids for the project. Quality Lawncare submitted a bid in the amount of $6,506.86, not including Washington State Sales Tax and Cascade Irrigation & Landscaping Co., submitted a bid in the amount of $7,150.00, not including Washington State Sales Tax. Mr. Mauseth said that after evaluating the submitted bid estimates and based on Washington State regulations when using the Small Works Roster process, the lowest qualified bidder for the irrigation system was Quality Lawncare. Council Action: A motion was made by Councilmember Hendricks, second by Councilmember Johnson, to authorize the Mayor to sign a contract with Quality Lawncare for installation of an irrigation system for the Peach Haven Stormwater Pond at the intersection of Eastmont Avenue and 19`h Street. The motion carried, 5-0. RESOLUTIONS 09-07-10 A resolution ratifying the second amendment to the Douglas County Regional Policy Plan. CITY OF EAST WENATCHEE COUNCIL MINUTES JULY 28, 2009 • Community Development Director, Lori Barnett, said that ratifying the plan will change the way that we have been processing comprehensive plan amendments. She explained how the process is currently done and what the changes will entail. She said, basically, the City would be doing a great deal of planning in the Urban Growth Area, expending funds and resources and those areas may or may not be annexed into the City limits. She added, Douglas County has provided resources to complete these amendments in the past and she is working with tem on an Interlocal Agreement to outline how the County will assist the City with planning in the Urban Growth Area. Mayor Lacy expressed his concerns stating that it appears to him that this is one of those unfunded mandates, except now it is coming from the County rather than the State or the Federal Government, because we are spending our resources and doing all the legwork with no money coming from the Regional Council to help us do that. If Council approves this plan and ratifies it without a provision for funding, then he feels that it would be a tacit agreement that the City will do the work and County will not have to pay for it. Therefore, he said he would not be recommending approval of this resolution. Mayor Lacy said he would like to have an opportunity to talk to the County regarding the issue of sharing funds when it comes to the needs of East Wenatchee which is the largest jurisdiction in the county. Council did not take action on the agenda item. 09-07-11 A resolution authorizing the Mayor to sign an Interlocal Cooperative Agreement which establishes the terms and conditions under which Douglas County will rent Equipment. (Brandon Mauseth, Street Superintendent) Mayor Lacy said this item has been removed from the agenda as the scheduling for rental of the equipment did not work with the County's schedule. The City will rent the equipment through a state contract. ORDINANCES 09-07-04 Second reading of an ordinance amending Ordinance No. 2008-05 pertaining to the interim adoption of Street Design Standards by extending its effective date period to December 27, 2009. Mayor Lacy read the ordinance title. ORDINANCE NO. 2009-08 AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE 2008-05 (ADOPTING INTERIM STREET DESIGN STANDARDS) BY EXTENDING ITS EFFECTIVE PERIOD, CONTAINING A SEVERABILITY CLAUSE, AND SETTING AN EFFECTIVE DATE. Community Development Director, Lori Barnett, said the Planning Commission had a workshop last night in which they initiated the process to begin work on the Comprehensive Street Standards. She anticipates having this completed this year. Council Action: A motion was made by Councilmember Bremmer, second by Councilmember Raab, to IS adopt the ordinance amending the Street Design Standards ordinance extending the effective date to December 27, 2009. The motion carried, 5-0. CITY OF EAST WENATCHEE COUNCIL MINUTES JULY 28, 2009 • 09-07-05 Second reading of an ordinance amending Ordinance No. 2008-06 pertaining to the adoption of the Stormwater Management Design Standards by extending its effective date period to December 27, 2009. Mayor Lacy read the ordinance title. ORDINANCE NO. 2009-09 AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE 2008-06 (ADOPTING INTERIM STORMWATER MANAGEMENT DESIGN STANDARDS) BY EXTENDING ITS EFFECTIVE PERIOD, CONTAINING A SEVERABILITY CLAUSE, AND SETTING AN EFFECTIVE DATE. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Bremmer, to adopt the ordinance amending the Stormwater Management Design Standards by extending its effective date period to December 27, 2009. The motion carried, 5-0. 09-07-12 First reading of an ordinance amending Ordinance No. 2007-14 by changing the chain of command for the Events Department. Mayor Lacy read first reading of the ordinance. ORDINANCE NO.2009-10 AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE NO. 2007-14 BY CHANGING THE CHAIN OF COMMAND FOR THE EVENTS DEPARTMENT, CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. Mayor Lacy said that during union contract negotiations they determined that because the Events Department was created as its own department, the Events Coordinator is in charge of the Events Department, has the ability to hire and fire, prepares the budget, is an exempt position, and collaborates with advisory boards, and the Events Coordinator position should be under the direct supervision of the Mayor rather than the supervision of the Community Development Department. Council Action: A motion was made by Councilmember Bremmer, second by Councilmember Johnson, to elevate the Ordinance to second reading. The motion carried, 5-0. Council Action: A motion was made by Councilmember Bremmer, second by Councilmember Johnson, to adopt the Ordinance changing the chain of command for the Events Department. The motion carried, 5- 0. COUNCIL REPORTS Councilmember Buckner submitted minutes from the Wenatchee Valley Transportation Council meeting, held on June 11, 2009. Councilmember McCourt submitted minutes from the Chelan -Douglas Health District meeting, held on June 15, 2009. CITY OF EAST WENATCHEE COUNCIL MINUTES JULY 28, 2009 • Councilmember Raab submitted minutes from the Stormwater Utility Management Team meeting, held on July 16, 2009. ADJOURNMENT — 8:00 p.m. Dana Barnard City Clerk • CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 • CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR STEVEN C. LACY, PRESIDING AUGUST 25, 2009 See Page 6 6:30 P.M. 5:30 PM — JOINT WORKSHOP Joint discussion between the Douglas County Commissioners and the East Wenatchee City Council regarding "More Than A Trail" — report of survey results from Project Groundwork. Heather Ostenson, co-owner of the research company "Project Groundwork", presented a draft review of the survey taken by over twelve hundred people regarding the Apple Capital Loop Trail. She said 65% of the East Wenatchee survey respondents indicated they believe the trail is the most important parks and recreation opportunity in the community. She said more than half of the results opposed any development along the trail, while 15% favored some development, such as shops and restaurants. 6:30 PM — ROLL CALL Councilmember's Present: Councilmember Hendricks, Councilmember McCourt, Councilmember Barnhart, Councilmember Bremmer, Councilmember Johnson, Councilmember Buckner, Councilmember Raab, and Mayor Lacy. Staff Present: Dana Barnard, Lori Barnett, Devin Poulson, Randy Harrison, Nick Gerde, and Catalina . Garibay. PLEDGE OF ALLEGIANCE DEPARTMENT REPORTS City Treasurer/Finance Director, Nick Gerde, reported on the financial planning for the City. He said the City of East Wenatchee has developed a financial planning process that culminates in the development of the City's Annual Financial Plan. The process includes the following key elements: a. The annual budget, b. A six year budget and cash flow forecast plan, c. A six year Transportation Improvement Plan (TIP), d. Any other planned or expected future capital requirements, e. Grant/request/acquisition strategy for project funding, f. Reserve funding requirements to support working capital, capital project funding, debt service support, debt acquisition costs, g. Any plans or possibility for financing with bonded debt, and h. Cash flow forecasts beyond the six year planning horizon. Mr. Gerde said nine scheduled Budget Committee Meetings have been held between March and August, 2009, in which all Councilmember's have rotated attendance in order to attend at least one or more of these budget meetings. He said the City Department Heads are now working on their budgets with guidance from the budget committee and will report their progress by mid -September. He said the Budget Committee has looked at and considered a "draft" for a seven year look at the City's forward cash flow. Mr. Gerde added that each of the seven years they forecast to build a modest amount of cash, a key element will be to manage and control labor costs which comprise about 65% of their total costs. CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 • MAYOR'S REPORT Mayor Lacy said that during the budget meetings the committee has discussed an area of concern regarding an educational incentive provision in the current bargaining agreements which indicates that employees obtaining a degree in Law Enforcement related courses will be eligible to be paid an educational incentive stipend. It also states that the City will reimburse the cost of tuition and books for all classes taken by an employee toward a Law Enforcement related degree from a recognized University, College or accredited school. The employee will receive such reimbursement upon the completion of such classes with a passing grade. He said reimbursement has not been an issue in the past. However, there have been some significant reimbursement requests this year that were not budgeted for and will require a budget amendment. He said perhaps as we continue through the labor negotiation process we might want to look at that issue. He added that since some of these expenditures have been presented for payment he wanted to clarify the current policy. Councilmember Buckner said to date the city has expended $15,191 on tuition reimbursements and on the consent calendar for approval this evening there is an additional $3,524. He expressed concerns regarding whether these classes are related to obtaining a Law Enforcement degree and whether an employee, after receiving the education, should be required to pay some sort of reimbursement. He added this should be clarified in the employee handbook. Mayor Lacy said tuition payments have been reimbursed based on the criteria with respect to the Law Enforcement issues. He questioned the justification of reimbursement to the court employee and informed that employee that in the future there needs to be a better justification or a more complete presentation of • how it relates to her job. He said the City is currently involved in an ongoing labor negotiation. Therefore, we are not allowed to make revisions to the current policy that would affect the employees while in the bargaining process. He added there has not been any concern about loss of employees after further education. Mayor Lacy said the Department Heads are in the process of completing employee evaluations in order to have them available during the budgeting process. Mayor Lacy asked Council if they wished to comment on the "More Than A Trail" survey results. He said during the workshop presentation they discussed sending a delegation to Olympia to lobby lawmakers to keep the land off of a list of properties that Washington State Department of Transportation (WSDOT) no longer needs. He said he was impressed with the process, the amount of public participation in the project, and the amount of input they received. He added Councilmember Johnson indicated a willingness to participate as a delegate and asked if any other Councilmember's would like to be included. Councilmember Barnhart said he would be in favor sending a delegation to Olympia to ask them to give us more time to come up with options on how to preserve the land for future public use. Councilmember Johnson said it is a tremendous opportunity for Douglas County, Douglas County Port District, Public Utility District, and citizens. He said he believes this is an opportunity in which we need to do everything possible for this project, as it is a once in a lifetime opportunity. Mayor Lacy reported that there was an oversight made by both the City and the County with respect to the reimbursement obligations of the City related to the annexation agreement. The City annexed the area which now follows the southeast limits of the City and this area had been improved by the County with a project based upon a Public Works Trust Fund Loan (PWTFL). As part of the pre -annexation agreement CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 • that was executed with the County in 2005, the City was to assume the payments on the PWTFL. The City made a payment directly to the PWTFL in 2006. However, in 2007, 2008, and 2009, the County did not forward that invoice to the City for payment and we did not ask for it as a practical matter, not realizing the County made those payments for those three years. The County has submitted a letter to the City indicating that they would like to see those funds reimbursed in the amount of $171,000. He said this is an obligation of the City. However, there are some other aspects of the annexation agreement, specifically the City's need to get some deeds transferred on some of the properties that were incurred during the annexation. He said he would like to enter into discussions with the County so they could resolve this issue. He added if there are no objections he will respond to the letter submitted by the County. CONSENT CALENDAR 1. Consideration of Minutes — Regular Session, August 11, 2009 2. Consideration of Bills Council Action: A motion was made by Councilmember Johnson, second by Councilmember McCourt, to approve the consent calendar as presented. The motion carried 6-1. (Buckner) Vouchers audited and certified by the auditing officer as required by RCW 42.24.080 and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded in a listing, which has been made available to Council. • 2009 Payables As of this date, August 25, 2009, Council does approve warrant numbers 22006 through 22056 in the total amount of $281,783.70. Warrants 22020 and 22029 were voided. Julv 2009 Payroll As of this date, August 25, 2009, Council approves warrant numbers 411 through 427 for advances and direct deposits, and warrant numbers 27641 through 27723 in the total amount of $320,924.93, paid August 1, 2009, for the month of July 2009. PUBLIC HEARING 09-08-05 A public hearing to consider an amendment to the Wenatchee Valley Stormwater Program adopting an Illicit Discharge Detection and Elimination Program chapter and adoption of ordinance amending the East Wenatchee Municipal Code adding a new chapter 13.10 regulating non-stormwater discharges to the storm drainage system, prohibiting illicit connections and discharges to the storm sewer system, providing for inspection, surveillance, monitoring and enforcement procedures in accordance with the City of East Wenatchee's National Pollutant Discharge Elimination System Phase H Permit. (Lori Barnett, Community Development Director) Community Development Director, Lori Barnett, presented a PowerPoint presentation regarding the Illicit Discharge Detection and Elimination (IDDE) Program. She said we are now a metropolitan area and, therefore, the entire Wenatchee Valley is subject to the requirements of the Federal Water Pollution Control Act and the Washington State Water Pollution Control Law. The Department of Ecology administers the Federal program for the State of Washington. They issued the permit for the City of East Wenatchee which is called the Eastern Washington Phase II Permit, or the National Pollutant Discharge Elimination System (NPDES) permit for discharge of Small Municipal Separate Storm Sewer System CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 • (MS4). She said the MS4 is a conveyance or system of conveyance owned by a state, city, town, or other public entity that discharges to waters of the State and is designed/used for collecting or conveying stormwater. The effective date of the permit was February 16, 2007, and the expiration date is February 15, 2012. She said the permit requires the development and implementation of a Stormwater Management Program and implementing ordinances during the permit. She reviewed the purpose of the IDDE, the Minimum Regulatory Requirements, Examples of Illicit Discharges, Residential Activities, Business Activities, Minimum Requirements for Policies and Procedures, Timeline, Public Education — Essential to IDDE Program, and Costs. Mayor Lacy opened the public hearing at 7:41 p.m. Hearing no comment, Mayor Lacy closed the public hearing at 7:41 p.m. EXECUTIVE SESSION At 7:42 p.m. Mayor Lacy called a 15 minute Executive Session to evaluate complaints or charges brought against a public officer or employee. Council reconvened - 7:51 p.m. ACTION ITEM 09-08-06 Approval of a Professional Services Contract with Gavin Johnson to serve as legal • assistant to the City Attorney. Mayor Lacy said Mr. Johnson has been working as an intern for City Attorney, Devin Poulson, and will work as a legal assistant to the City Attorney, at a low cost to the City. Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Bremmer, to approve the Professional Services Contract with Gavin Johnson to serve as legal assistant to the City Attorney. The motion carried, 7-0. ORDINANCES 09-08-07 An ordinance amending Ordinance No. 97-02, establishing discounts on utilities provided by the City for senior citizens. Mayor Lacy read first reading of the ordinance. ORDINANCE NO.2009-13 AN ORDINANCE OF THE CITY OF EAST WENATCHEE, WASHINGTON, AMENDING ORDINANCE NO. 97-2, ESTABLISHING DISCOUNTS ON UTILITIES PROVIDED BY THE CITY FOR SENIOR CITIZENS, CONTAINING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. City Attorney, Devin Poulson, said this correction to the East Wenatchee Municipal Code will clarify the language to coincide with the language in the Waste Management Contract. 40 Mayor Lacy said with no objection he will elevate the ordinance to second reading. No objections were heard. CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 • Council Action: A motion was made by Councilmember Johnson, second by Councilmember Buckner, to amend Ordinance No. 97-02, establishing discounts on utilities provided by the City for senior citizens. The motion carried, 7-0. 09-08-08 An ordinance amending the heading of Title 13 of the East Wenatchee Municipal Code, adding new chapters 13.05 and 13.30, providing storm water definitions, establishing regulations for prohibiting illicit discharges to the storm water system and providing procedures for inspection, surveillance, monitoring and enforcement includes penalties for violations. Mayor Lacy read first reading of the ordinance. ORDINANCE NO.2009-14 AN ORDINANCE OF THE CITY OF EAST WENATCHEE AMENDING THE HEADING OF TITLE 13 OF THE EAST WENATCHEE, WASHINGTON, MUNICIPAL CODE, ADDING NEW CHAPTERS 13.05 AND 13.20, PROVIDING STORM WATER DEFINITIONS, ESTABLISHING REGULATIONS FOR PROHIBITING ILLICIT DISCHARGES TO THE STORM WATER SYSTEM AND PROVIDING PROCEDURES FOR INSPECTION, SURVEILLANCE, MONITORING AND ENFORCEMENT INCLUDING PENALTIES FOR VIOLATIONS, CONTAINING A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. • Community Development Director, Lori Barnett, said Chapter 13.30 would be changed to 13.20 as well as correction to a few typographical errors. Mayor Lacy said with no objection he will elevate the ordinance to second reading. No objections were heard. Council Action: A motion was made by Councilmember Raab, second by Councilmember Johnson, amending the heading of Title 13 of the East Wenatchee Municipal Code, adding new chapters 13.05 and 13.20, providing storm water definitions, establishing regulations for prohibiting illicit discharges to the storm water system and providing procedures for inspection, surveillance, monitoring and enforcement including penalties for violations. The motion carried, 6-0. (Hendricks abstained) RESOLUTIONS 09-08-09 A resolution to adopt the May 2008 Wenatchee Valley Stormwater Program and amending the program to include an Illicit Discharge Detection and Elimination program as Appendix C1, and an Appendix C2. (Lori Barnett, Community Development Director) Community Development Director, Lori Barnett, said to comply with Clean Water Act regulations, Chelan County, Douglas County, City of Wenatchee, and City of East Wenatchee have joined together to create a joint stormwater program. In 1999, the Environmental Protection Agency (EPA) introduced Phase H of the NPDES program requiring a permit for stormwater discharges to certain Small (MS4's) and construction sites greater than one area of land. In Washington State, the Washington State Department of Ecology administers the NPDES program on behalf of the EPA. 0 CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 Council Action: A motion was made by Councilmember Johnson, second by Councilmember Bremmer, to adopt the resolution which adopts the May 2008 Wenatchee Valley Stormwater Program and amends the Stormwater Program to include Appendix C 1 and Appendix. The motion carried, 7-0. The resolution title reads as follows: RESOLUTION NO.2009-12 A RESOLUTION OF THE CITY OF EAST WENATCHEE, WASHINGTON, TO ADOPT THE MAY 2008 WENATCHEE VALLEY STORMWATER PROGRAM AND AMENDING THE PROGRAM TO INCLUDE AN ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM AS APPENDIX C1 AND AN ORDINANCE FOR STORMWATER ILLICIT DISCHARGE DETECTION AND ELIMINATION AS APPENDIX C2, AND INCLUDING AN EFFECTIVE DATE. 09-08-10 A resolution ratifying the second amendment to the Douglas County Regional Policy Plan and authorization for the Mayor to sign a Memorandum of Understanding. Community Development Director, Lori Barnett, said this item was presented at the July 28, 2009, meeting. At that time Council discussed a concern of the potential burden to the City Staff and financial resources relative to the extensive planning effort needed for adequate review and analysis of the Urban Growth Area (UGA) to determine the need for a change in the boundary and what it would look like. She said a Memorandum of Understanding (MOU) has been included for the 2009 UGA review and update process that outlines the responsibilities of the City and County Staff. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Bremmer, to ratify the second amendment to the Douglas County Regional Policy Plan and authorize the Mayor to sign the Memorandum of Understanding. The motion carried, 7-0. The resolution title reads as follows: RESOLUTION NO.2009-13 A RESOLUTION OF THE CITY OF EAST WENATCHEE, WASHINGTON, RATIFYING THE SECOND AMENDMENT TO THE DOUGLAS COUNTY REGIONAL POLICY PLAN AND ESTABLISHING AN EFFECTIVE DATE. DISCUSSION ITEMS 09-08-11 A discussion regarding whether to accept or reject the Federal Community, Oriented Policing Services (COPS) Grant, which would pay approximately $88,000 a year for three years to cover the salary and benefits of one police officer. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Bremmer, to accept the Federal COPS Grant, which would pay approximately $88,000 a year for three years to cover the salary and benefits of one police officer. The motion carried, 7-0. COUNCIL REPORTS Councilmember McCourt submitted minutes from the Chelan -Douglas Health District Board of Health is meeting, held on July 20, 2009. 6 CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 • Councilmember McCourt reported on the Trip to Misawa, Japan, she said she had a wonderful time and was very impressed with the representation and behavior of the delegation. She said that Mayor Taneichi, will be attending the delegation for the Apple Blossom Festival in 2010, and said he will teach them how to make rice cakes. Councilmember Barnhart said the Enhanced 911 System Sales and Use Tax was passed by the voters of Chelan and Douglas Counties for the Regional E911 System. EXECUTIVE SESSION At 8:18 p.m. Mayor Lacy called a 60 minute Executive session regarding Collective Bargaining Session — RCW 42.30.140 (4). Council reconvened - 8:50 p.m. ADJOURNMENT — 8:50 p.m. Dana Barnard City Clerk E 0 CITY OF EAST WENATCHEE COUNCIL MINUTES AUGUST 25, 2009 CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR STEVEN C. LACY, PRESIDING AUGUST 25, 2009 See Page 6 6:30 P.M. 5:30 PM — JOINT WORKSHOP Joint discussion between the Douglas County Commissioners and the East Wenatchee City Council regarding "More Than A Trail" — report of survey results from Project Groundwork. Heather Ostenson, co-owner of the research company "Project Groundwork", presented a draft review of the survey taken by over twelve hundred people regarding the Apple Capital Loop Trail. She said 65% of the East Wenatchee survey respondents indicated they believe the trail is the most important parks and recreation opportunity in the community. She said more than half of the results opposed any development along the trail, while 15% favored some development, such as shops and restaurants. 6:30 PM — ROLL CALL Councilmember's Present: Councilmember Hendricks, Councilmember McCourt, Councilmember Barnhart, Councilmember Bremmer, Councilmember Johnson, Councilmember Buckner, Councilmember Raab, and Mayor Lacy. Staff Present: Dana Barnard, Lori Barnett, Devin Poulson, Randy Harrison, Nick Gerde, and Catalina • Garibay. PLEDGE OF ALLEGIANCE DEPARTMENT REPORTS City Treasurer/Finance Director, Nick Gerde, reported on the financial planning for the City. He said the City of East Wenatchee has developed a financial planning process that culminates in the development of the City's Annual Financial Plan. The process includes the following key elements: a. The annual budget, b. A six year budget and cash flow forecast plan, c. A six year Transportation Improvement Plan (TIP), d. Any other planned or expected future capital requirements, e. Grant/request/acquisition strategy for project funding, f. Reserve funding requirements to support working capital, capital project funding, debt service support, debt acquisition costs, g. Any plans or possibility for financing with bonded debt, and h. Cash flow forecasts beyond the six year planning horizon. Mr. Gerde said nine scheduled Budget Committee Meetings have been held between March and August, 2009, in which all Councilmember's have rotated attendance in order to attend at least one or more of these budget meetings. He said the City Department Heads are now working on their budgets with guidance from the budget committee and will report their progress by mid -September. He said the Budget Committee has looked at and considered a "draft" for a seven year look at the City's forward cash flow. Mr. Gerde added that each of the seven years they forecast to build a modest amount of cash, a key element will be to manage and control labor costs which comprise about 65% of their total costs. • • COUNCIL AGENDA BILL* PRESENTER: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-11-13 Devin Poulson AGENDA ITEM # AGENDA DATE: 10 November 22, 2011 POSITION: City Attorney DEPARTMENT: Legal Department TITLE: An Ordinance of the City of East Wenatchee authorizing the Mayor to sign a Comprehensive Solid Waste and Recycling Collection and Disposal Agreement with Waste Management of Washington, Inc. BACKGROUND/HISTORY: Because the City's 15 year contract Waste Management ends on December 31 , 201 1, the City sent out a Request for Proposals for the new contract with the hopes that a competitive bid process would secure the best rate for the City and its residents. Initially, the Selection Committee selected another contractor to negotiate with for the upcoming contract. As the Mayor, however, tried to contractually secure the same services that City residents were receiving under the old contract, the contractor proposed a 38% increase for residential rates and a 10% increase for commercial rates over its initial bid. Also, it was seeking contractual provisions that allowed it to increase its rates if its disposal costs increased or if its fuel costs increased. Because of these proposed increases, the bid submitted by Waste Management became the lowest bid. In response to the proposed increases, the City Council suspended negotiations with the initial contractor entered into negotiations with Waste Management. Waste Management agreed to provide the services requested by the City in accordance with the rates it submitted in response to the City's Request for Proposals. Also, if fuel prices increase or if disposal fees increase, rates will not go up. This is a substantial benefit to ratepayers. As in the previous contract, Waste Management is allowed to adjust its rates once a year according to the Consumer Price Index. If customers keep their current 96 gallon tote, their rate will increase from $1 7.69/month to $22.19/month. This is still the lowest bid the City received from among four contractors. This increase is mitigated by the new variable rate structure. Customers will now have the ability to "downsize" their tote. A 65 gallon tote will cost $16.19/month. A 35 gallon tote will cost $12.19/month. With the applicable rate discount, a senior citizen with a 35 gallon tote would pay $9.75/month. The City hopes that customers will downsize their garbage tote and increase the amount of material they put in their recycling totes. In addition to securing a variable tote rate and retaining the four, free visits to the Transfer Station, the City was able to secure the following benefits: A voluntary subscription service for the biweekly removal of yard debris; Page 1 of 2 i1 U U • An on -call service for the removal of bulky items such as old furniture or appliances; • The City will receive 100% of the net income that Waste Management receives from recycling commodities; • More stringent reporting requirements to better monitor performance; • Higher penalties for service that falls below contractual expectations; and • Waste Management will offer and expand commercial single stream recycling services to apartments, condominiums and townhouses who receive a consolidated garbage bill. EXHIBITS: October 24, 2011 letter to Poulson from Torre and revised comparison chart showing the proposed rates by the four contractors to bid on the contract. RECOMMENDED ACTION: Elevate to second reading and authorize the Mayor to sign the proposed contract. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required ACTION TAKEN: Motion Made By: Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 2 of 2 Sunshine Disposal &Recycling October 24, 2011 Devin Poulson City Attorney City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 Dear Devin, I am writing to follow tip on our last meeting. As you are aware, we discussed many different sections of the proposed contract. In doing so, there are additional services that the City is now requesting. Additionally, there are still a few items that were tabled to a later date. The tabled items do have a significant impact on the overall cost for us to • provide the services that are being requested. The specific items that have been tabled are adjustments for fuel and disposal fees. While these are very important, high impact expenses, they are out of the control of our Company and City of East Wenatchee. Currently, there is no feasible way for us to control or predict the price of fuel or disposal for a ten year period. As a result, I again ask for the contract to contain provisions for relief of increases in both fuel and disposal fees. At the request of the Mayor, we have analyzed the expenses included in providing the other additional services requested during our negotiations (this does not include the impact of fuel or disposal fees). Sonic of the services are the free services requested by the City and the decline or shift in revenue as a result of lowering the rate for Multi Family customers. Specifically, the decline in revenue is a result of lowering the monthly price we proposed for multi -family structures to be the same fee as single family residential housing units. The requested changes have a significantly negative effect on our expenses and revenues. With the aforementioned in mind, we propose to increase the Commercial fees by approximately ten percent and to increase the residential fees by thirty-eight percent. The three biggest impacts on the rates are the free disposal days for all residents, the free City services, and the modification of the multi -family rate structure. It should be noted that the change in our proposed Multi -family fees is effectively a rate decrease to those customers 40 of $9.46 per month. Bus. (509) 924-5678 • Fax. (509) 924-7448 - 2405 N, University Road * Spokane Valley, WA 99206 v www,sunshinedisposal.com Locally Owned and Operated for Four Generations • I look forward to working with you to fnialize the other sections of the proposed contract. If you have any questions please do not hesitate to call me. Warm Regards, r �aiB. Torre President 0 10/24/11 Waste Waste Consolidated Sunshine Connections Management Current • Single Family Residence 20 Gallon Container NA 18.22 NA NA NA 32 Gallon Container NA 18.91 12.3 12.19 NA 64 Gallon Container 19.5 21.39 15.49 16.19 NA 64 Gallon Container (Twice a month) 16 NA NA NA NA 64 Gallon Container (Once per month) 13.5 NA NA NA NA 96 Gallon Container 23 23.32 28.21 22.19 17.69 Gallon Container Gallon Container 1 Cubic Yard Container NA NA 71.39 61.36 2 Cubic Yard Container NA NA 122.68 105.47 Other Apartment Rate 96 Gallon Container 17/mo 9.59/ PU 32.77/mo 22.19/mo •64 Gallon Container 13.5/mo NA 24.17/mo 16.19/m0 32 Gallon Container NA NA NA 12.19/mo 1 Cubic Yard Container 18.49/ PU 71.39/mo 61.36/mo 1.5 Cubic Yard Container 15/ PU 25.60/ PU NA NA 2 Cubic Yard Container 20/ PU 31.74/ PU 122.68/mo 105.47/mo 3 Cubic Yard Container 28/ PU 43.33/ PU 167.33/mo 143.91/mo 4 Cubic Yard Container 36/ PU 53.27/ PU 207.22/mo 178.10/mo 6 Cubic Yard Container 45/ PU NA NA NA 8 Cubic Yard Container 54/ PU NA NA NA Other Townhouse Rate 96 Gallon Container 17/mo 9.59/ PU 32.77/mo 22.19/mo 64 Gallon Container 13.5/mo NA 24.17/mo 16.19/m0 32 Gallon Container NA NA NA 12.19/mo . I Cubic Yard Container 18.49/ PU 71.39/mo 61.36/mo 1.5 Cubic Yard Container 15/ PU 25.60/ PU NA NA 2 Cubic Yard Container 20/ PU 31.74/ PU 122.68/mo 105.47/mo 3 Cubic Yard Container 28/ PU 43.33/ PU 167.33/mo 143.91/mo 4 Cubic Yard Container 36/ PU 53.27/ PU 207.22/mo 178.10/mo 6 Cubic Yard Container 45/ PU NA NA NA 8 Cubic Yard Container 54/ PU NA NA NA Duplex Rate 96 Gallon Container 17/mo 9.59/ PU 32.77/mo 22.19/mo 64 Gallon Container 13.5/mo NA 24.17/mo 16.19/m0 32 Gallon Container NA NA NA 12.19/mo 1 Cubic Yard Container 18.49/ PU 71.39/mo 61.36/mo 1.5 Cubic Yard Container 151 PU 25.6/ PU NA NA 2 Cubic Yard Container 20/ PU 31.74/ PU 122.68/mo 105.47/mo 3 Cubic Yard Container 28/ PU 43.33/ PU 167.33/mo 143.91/mo 4 Cubic Yard Container 36/ PU 53.27/ PU 207.22/mo 178.10/mo 6 Cubic Yard Container 45/ PU NA NA NA 8 Cubic Yard Container 54/ PU NA NA NA Condominium Rate 96 Gallon Container 17/mo 9.59/ PU 32.77/mo 22.19/mo 64 Gallon Container 13.5/mo NA 24.17/mo 16.19/m0 32 Gallon Container NA NA NA 12.19/mo 1 Cubic Yard Container 18.49/ PU 71.39/mo 61.36/mo Cubic Yard •1.5 Container 151 PU 25.60/ PU NA NA • 2 Cubic Yard Container 20/ PU 31.74/ PU 122.68/mo 105.47/mo 3 Cubic Yard Container 28/ PU 43.33/ PU 167.33/mo 143.91/mo 4 Cubic Yard Container 36/ PU 53.27/ PU 207.22/mo 178.10/mo 6 Cubic Yard Container 45/ PU NA NA NA 8 Cubic Yard Container 54/ PU NA NA NA Disabled/Low Income/Senior Citizen Discount 32 Gallon Container 50% Commercial 96 Gallon Container 17/mo 7.65/ PU 32.77/mo 22.19/mo 64 Gallon Container 13.5/mo NA 24.17/mo 16.19/m0 32 Gallon Container NA NA NA 12.19/mo 1 Cubic Yard Container 14.74/ PU 71.39/mo 61.36/mo 1.5 Cubic Yard Container 151 PU 20.41/ PU NA NA 2 Cubic Yard Container 20/ PU 25.30/ PU 122.68/mo 105.47/mo 3 Cubic Yard Container 28/ PU 34.54/ PU 167.33/mo 143.91/mo 4 Cubic Yard Container 36/ PU 42.46/ PU 207.22/mo 178.10/mo 6 Cubic Yard Container 45/ PU NA NA NA 8 Cubic Yard Container 54/ PU NA NA NA Industrial 96 Gallon Container 17/mo 7.65/ PU 32.77/mo 22.19/mo 64 Gallon Container 13.5/mo NA 24.17/mo 16.19/m0 32 Gallon Container NA NA NA 12.19/mo 1 Cubic Yard Container 14.74/ PU 71.39/mo 61.36/mo 1.5 Cubic Yard Container 151 PU 20.41/ PU NA NA • 2 Cubic Yard Container 20/ PU 25.30/ PU 122.68/mo 105.47/mo 3 Cubic Yard Container 28/ PU 34.54/ PU 167.33/mo 143.91/mo 4 Cubic Yard Container 36/ PU 42.36/ PU 207.22/mo 178.10/mo 6 Cubic Yard Container 45/ PU NA NA NA 8 Cubic Yard Container 54/ PU NA NA NA Institutional 96 Gallon Container 17/mo 33.00/mo 32.77/mo 22.19/mo 64 Gallon Container 13.5/mo NA 24.17/mo 16.19/m0 32 Gallon Container NA NA NA 12.19/mo 1 Cubic Yard Container 14.74/ PU 71.39/mo 61.36/mo 1.5 Cubic Yard Container 151 PU 20.41/ PU NA NA 2 Cubic Yard Container 20/ PU 25.30/ PU 122.68/mo 105.47/mo • 3 Cubic Yard Container 28/ PU 34.54/ PU 167.33/mo 143.91/mo 4 Cubic Yard Container 36/ PU 42.46/ PU 207.22/mo 178.10/mo 6 Cubic Yard Container 45/ PU NA NA NA 8 Cubic Yard Container 54/ PU NA NA NA • City of East Wenatchee, Washington Ordinance No. 2011-08 An Ordinance of the City Council of the City of East Wenatchee, Washington authorizing the Mayor to execute a Comprehensive Solid Waste and Recycling Collection and Disposal Agreement between the City of East Wenatchee and Waste Management of Washington, Inc. 1. Recitals a. Preamble. The City of East Wenatchee ("City") is a non -charter code city duly incorporated and operating under the laws of the State of Washington; and b. The City Council of East Wenatchee ("City Council") finds that it is in the best interests of the City and its citizens to recognize that Waste Management of Washington, Inc. ("Waste Management') is a provider of an essential service to the City, and desires to enter into a contract setting forth the rights, obligations, and responsibilities of Waste Management and the City; and C. The City and Waste Management have negotiated a contract to govern the course of conduct between the City and Waste Management with regard to collection of garbage and recyclable materials within the City; and • d. The City Council has reviewed the proposed contract and finds the agreement to be in the best interest of the City. 2. Authority. a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Purpose. The purpose of this ordinance is to enter into and hereby authorizes the Mayor of the City of East Wenatchee to execute a contract with Waste Management in the form attached hereto as Exhibit "A", which is incorporated herein by this reference as set forth in full. Section 2: Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Section 3: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. City of East Wenatchee Ordinance 2011-08 Ordinance Page 1 of 3 • Section 4: Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2011. CITY OF EAST WENATCHEE, WASHINGTON By Steven C. Lacy, Mayor ATTEST: Dana Barnard, City Clerk • Approved as to form only: Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: City of East Wenatchee Ordinance 2011-08 Ordinance Page 2 of 3 0 Summary of Ordinance No. 2011-08 Of the City of East Wenatchee, Washington On the day of , 2011, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2011-08, the main point of which may be summarized by its title as follows: An Ordinance of the City Council of the City of East Wenatchee, Washington authorizing the Mayor to execute a Comprehensive Solid Waste and Recycling Collection and Disposal Agreement between the City of East Wenatchee and Waste Management of Washington, Inc. Upon request, the City will mail a full text of this Ordinance. Dated this day of , 2011. CITY CLERK, DANA BARNARD 40 City of East Wenatchee Ordinance 40 2011-08 Ordinance Page 3 of 3 Exhibit A 0 Comprehensive Solid Waste and Recycling Collection and Disposal Agreement � Between • The City of East Wenatchee And Waste Management of Washington, Inc. Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 1 of 37 Exhibit A • Table of Contents PARTONE: RECITALS............................................................................................................. 3 PARTTWO: TERM..................................................................................................................... 3 PART THREE: EXCLUSIVE RIGHT....................................................................................... 3 PART FOUR: MANDATORY COLLECTION....................................................................... 4 PART FIVE: CITY LICENSE AND UTILITY TAX............................................................... 4 PART SIX: COMPANY SERVICES.......................................................................................... 4 PART SEVEN: CUSTOMER SERVICES................................................................................. 5 PART EIGHT: COLLECTION EQUIPMENT........................................................................ 7 PART NINE: COLLECTION ACTIVITIES AND ROUTES ................................................. 8 PART TEN: COLLECTION SCHEDULES............................................................................ 10 PART ELEVEN: WASTE REDUCTION AND RECYCLING ............................................. 11 PART TWELVE: PERFORMANCE BOND AND LIABILITIES., ..................................... 14 PART THIRTEEN: BREACH OR DEFAULT....................................................................... 15 PART FOURTEEN: INSPECTIONS AND REPORTING .................................................... 17 PART FIFTEEN: CONSIDERATION AND RATES............................................................. 20 PART SIXTEEN: CUSTOMER BILLING............................................................................. 22 PART SEVENTEEN: GENERAL TERMS AND CONDITIONS ......................................... 23 PART EIGHTTEEN: SUCCESSIVE CONTRACTOR........................................................ 24 APPENDIX A: DEFINITIONS................................................................................................ APPENDIX B: SCHEDULE OF RATES, FEES AND CHARGES ..................................... 26 29 APPENDIX C: SERVICE AREA MAPS................................................................................ 34 Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 2 of 37 Exhibit A . The parties to this COMPREHENSIVE SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL AGREEMENT ("Contract") are the City of East Wenatchee ("City") and Waste Management of Washington, Inc. ("Contractor"). PART ONE: RECITALS 1.1 The City desires to provide a solid waste and recycling collection and disposal program for its residential and non-residential solid waste generators; and 1.2 Contractor operates a solid waste and recycling collection and disposal business headquartered in Wenatchee, Washington; and 1.3 The City determined that it is in the best interest of the City's residential and non- residential solid waste generators to negotiate a Contract with the Contractor for the collection and disposal of municipal solid waste for the City; and 1.4 The City and the Contractor have negotiated mutually agreed upon terms and conditions for such a Contract; now THEREFORE, in consideration of the mutual terms, conditions, covenants and agreements contained herein, the parties agree as follows: 10 PART TWO: TERM 2.1 The initial term of this Contract begins on January 1, 2012 and ends on December 31, 2021. 2.2 Unless either party gives written notice of its intention not to renew at least 180 days before the initial term ends, this agreement shall be extended for an additional five years ("Extended Term"). 2.3 Unless either party gives written notice of its intention not to renew at least 180 days before the extended term ends, this agreement shall be extended for an additional five years ("Final Term"). 2.4 The City has no obligation to extend the length of this Contract beyond the initial term. PART THREE: EXCLUSIVE RIGHT 3.1 Contractor has the exclusive right to collect all municipal solid waste within the City. 3.2 The City agrees to comply with RCW 35.13.280 as it relates to annexations and the Contractor agrees to provide collection and disposal of municipal solid waste service into the newly annexed territory should the City exercise its right under RCW 35.13.280. If additional territory is added to the City through annexation or other means, the Contractor 40 shall make collection in such annexed area in accordance with the provisions of this Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 3 of 37 Exhibit A • Contract and at the unit prices set forth in this Contract. 3.3 The Contractor expressly waives and releases its right to claim any damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly annexed territory beyond what is provided herein. PART FOUR: MANDATORY COLLECTION 4.1 All residential households within the City must subscribe to residential municipal solid waste collection services provided by the Contractor. 4.2 All non-residential businesses within the City must subscribe to non-residential municipal solid waste collection services provided by the Contractor. 4.3 Contractor agrees to provide all residential and non-residential solid waste generators within the City with municipal solid waste collection and disposal services as specified within the Contract. PART FIVE: CITY LICENSE AND UTILITY TAX 5.1 The City agrees not to charge to the Contractor any license fee, tax, assessment or other it charge in respect to the provision of service to the City, including the fee(s) set forth below, except a business license, without authorizing a commensurate increase in the compensation to be paid to the Contractor. 5.2 Contractor shall pay to the City a utility tax in accordance with the City's Municipal Code, as it now exists or as hereafter enacted or amended. The Contractor shall pay this utility tax to the City each calendar quarter. Each payment shall be made no later than 30 calendar days after the preceding calendar quarter. Any quarterly utility tax not paid by the Contractor within the 30 calendar days at the end of the calendar quarter shall bear interest at the annual rate of twelve percent from the date due uptil paid. The City reserves the right to adjust the utility tax authorization at any time. PART SIX: COMPANY SERVICES 6.1 Contractor will direct all written and verbal communication concerning the provision of service to the City to the Mayor or his/her authorized representative. 6.2 The relationship between the Contractor and the City is that of an independent contractor. No employee, agent or subcontractor of the Contractor shall be deemed to be an employee, agent or subcontractor of the City. None of the benefits provided by the City to its employees are available to the employees, agents or subcontractors of the Contractor. It is understood by the Contractor that it is an independent contractor in the is performance of the Contract. Contractor is solely and personally liable for all labor and Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 4 of 37 Exhibit A ORexpenses in connection therewith, including any employee benefits or employee taxes. 6.3 Contractor shall maintain Worker's Compensation Insurance for all company employees who will be performing services for Contractor. If any of the services to be performed by the Contractor are performed by subcontractors of the Contractor, the Contractor shall require the subcontractors similarly to provide Worker's Compensation Insurance unless the subcontractor's employees are covered by the Contractor's policy. 6.4 Contractor shall indemnify, defend and hold harmless the City from and against any and all liabilities, penalties, fines, forfeitures, demands, causes of action, suits, and cost and expenses incidental thereto, which the City may hereafter suffer, incur, be responsible for or pay out as a result of violation or alleged violation of statutes, ordinances, orders, rules or regulations of any governmental entity or agency arising out of the use of any solid waste handling facility, transfer station, material recovery facility or equipment owned and operated by the Contractor. 6.5 Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, age, color, sex, national origin, marital status, political ideology, ancestry, sexual orientation, gender identity, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to employment, upgrading, promotion, demotion, or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training. 6.6 The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Contract. In particular, if the Contractor is providing services, programs or activities to City employees or members of the public as part of this Contract, the Contractor shall not deny participation or the benefits of such services, programs, or activities, to people with disabilities on the basis of such disability. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Contract. PART SEVEN: CUSTOMER SERVICES 7.1 Contractor shall not use a company name containing the words "East Wenatchee" or "City" or any other words or phrases implying ownership by or affiliation with the City. 7.2 Contractor shall maintain a local office within five miles of City Hall, preferably within the city limits of the City of East Wenatchee. The local office must employ sufficient employees to provide customer service, receive complaints, receive orders for service, Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 5 of 37 Exhibit A . and receive instructions from customers. Contractor's office shall be open a minimum of eight hours per day, Monday through Friday, except legal holidays. Contractor will maintain a telephone answering service or message recording system 24 hours per day, seven days per week. The office shall maintain sufficient telephone numbers having a telephone number exchange which may be called from any location within the City without a toll or other long distance charges. Two-way communications between the office and all collection vehicles shall be maintained at all times collection activities are conducted. 7.3 The Contractor will provide a customer -friendly Internet website accessible 24 hours a day, seven days a week, containing information specific to the City's collection programs, including at a minimum, contact information, collection schedules, material preparation requirements, available services and options, rates, inclement weather service changes and other relevant service information for its customers. The website shall include an e- mail function for customer communication with the Contractor, and the ability for customers to submit service requests online. E-mailed customer service request shall be answered within 24 hours of receipt. Website shall offer customers the option to pay their service bills online through a secured bill payment system. Website design shall be submitted for City approval a minimum of one month prior to the commencement of services as outlined within this Contract, and continue to be subject to the City's approval throughout the term of this contract. The Contractor shall review the website monthly and update as necessary, and provide links to the City's website. At the City's request, the website shall include information translated into a minimum of two languages other than English. 7.4 Officers, employees, agents and subcontractors of the Contractor shall perform all work and services in a skillful and competent manner in accordance with solid waste handling and disposal performance standards in the State of Washington. 7.5 All residential waste shall be collected by the Contractor in reusable or detachable containers only. All reusable containers originating from single family residences and duplexes shall be picked up at the curb or alley property lines. All reusable or detachable containers originating from apartments, townhouses or condominiums are to be picked up at on -site collection facilities and locations approved by the City. 7.6 Only residential organic waste, wood waste or yard debris may be collected in disposable containers by the Contractor. All disposable containers will be provided by the customer at the customer's sole expense. 7.7 Contractor shall offer on -call bulky waste collection for residential customers and shall be provided at the rates listed on Appendix B. Collected oversize items shall be recycled by the Contractor to the extent possible. Contractor shall maintain a record listing service date, materials collected, customer charges, weights, and whether the item was recycled or disposed. This record shall be provided to the City upon request. The Contractor's crews shall make collections in an orderly and quiet manner. Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 6 of 37 Exhibit A 7.8 All non-residential waste including, but not limited to, commercial waste, industrial waste and institutional wastes shall be collected by the Contractor in detachable containers at on -site collection facilities and locations approved by the City. 7.9 All municipal solid waste collected by the Contractor shall be delivered to the Greater Wenatchee Regional Landfill and Recycling Facility. Contractor may not change the designated disposal site without the City's approval. 7.10 Contractor shall not use property in or adjacent to property that is zoned by the City code as residential for the parking, standing, washing, cleaning or storing of collection vehicles or equipment without the prior written approval of the City. Areas used by the Contractor for the storing, parking or repair of collection vehicles or equipment shall be kept in a clean and orderly condition. PART EIGHT: COLLECTION EOUIPMENT 8.1 Contractor will use collection equipment that is designed and manufactured for the collection of municipal solid waste and that is capable of servicing both residential and non-residential customers. Contractor shall provide a sufficient number and type of collection equipment to provide the services specified within the Contract. 8.2 Contractor shall only use collection vehicles that are designated and manufactured for the collection of municipal solid waste and that are capable of servicing both residential and is non-residential customers. Contractor shall provide a sufficient number and type of collection vehicles to provide the services specified within the Contract. 8.3 All collection vehicles provided by the Contractor shall be painted and numbered. Each collection vehicle shall display the Contractor's name and vehicle number in letters of a contrasting color at least three inches high, on each side of the vehicle. No third party advertising on collection vehicles shall be permitted, other than the name of the Contractor, unless approved by the City. Contractor will keep all collection vehicles in a clean and sanitary condition. Contractor will steam -clean or pressure -wash all collection vehicles, inside and outside, as needed. 8.4 Contractor shall provide each residential and non-residential customer with an appropriate sized collection container. All collection containers shall be of such design as can be served by the Contractor's collection equipment. All collection containers shall display the Contractor's name and shall be marked with any necessary or appropriate safety warning as may be required or recommended by an appropriate regulatory agency. Contractor shall retain ownership of all Contractor provided collection containers under this Contract. Contractor shall steam clean or pressure -wash each collection container prior to placing it into service. The City retains the right to buy the collection containers, at a price mutually agreed to by Contractor and City, at the end of the contract period. 8.5 All residential and non-residential municipal solid waste collected must be contained in a Contractor provided collection container. If a customer requests additional collection Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 7 of 37 Exhibit A containers, the Contractor shall provide the collection containers at the rates identified in Appendix B. 8.6 All vehicles used in the performance of this Contract shall be required to carry regularly - maintained and fully -functional spill kits. At a minimum, spill kits shall include absorbent pads or granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and, for minor events, appropriately clean- up any spillage or release of wind-blown materials, litter, or leaks of Contractor vehicle fluids or leachate. The Contractor shall notify the City via e-mail within two hours of its knowledge of any major spill or any spill that leaves a noticeable stain on city streets or private property. Spill kits shall also include employee spill containment instructions and procedures as well as a regularly updated list of emergency contacts. The Contractor shall develop spill response procedures for review and approval by the City before initiating any work under this Contract. PART NINE: COLLECTION ACTIVITIES AND ROUTES 9.1 Contractor shall indicate, on a detailed map acceptable to the City, the day of the week Garbage, Recyclables and Yard Debris shall be collected from each residential municipal solid waste generator. This map is attached as Appendix C. After obtaining advance written approval from the City, Contractor may change the day of collection by giving affected customers notice at least 14 days prior to the effective date of the pending changes of collection day. 9.2 Contractor employees collecting residential and non-residential municipal solid waste shall use public rights -of -way whenever possible. While on private property, Contractor employees shall use driveways and walkways, shall close all gates opened to access collection containers, replace all collection containers and covers and shall return to the public right-of-way to avoid crossing private property to service adjoining customers. Contractor employees shall wear clean, presentable clothing. Contractor employees shall respect the private property rights and privacy rights of all customers. Contractor employees shall conduct collection activities courteously and as quietly as reasonably possible, avoiding loud conversation or profane language. 9.3 Contractor employees shall take care when collecting, loading and transporting residential and non-residential municipal solid waste. Residential and non-residential municipal solid waste shall not be allowed to escape or spill during collection or from the Contractor's collection vehicles or equipment during transport. 9.4 Contractor shall retrieve all escaped or spilled residential and non-residential municipal solid waste from private and public property, including roads, streets and alleys, and clean the affected area within eight hours after receiving notice of escaped or spilled residential and non-residential municipal solid waste. If Contractor receives notice of escaped or spilled residential or non-residential municipal solid waste outside of normal business hours, Contractor shall clean the affected area within eight hours after the start of next normal business day. Failure of the Contractor to retrieve and clean within eight Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 8 of 37 Exhibit A • hours after notice by the City, the City may proceed with retrieval and clean-up and charge all incurred costs to the Contractor. 9.5 All residential and non-residential municipal solid waste collected by the Contractor shall be completely contained in collection vehicles at all times, except when the municipal solid waste is actually being loaded. Hoppers and tippers on all collection vehicles shall be operated so as to prevent any blowing or spillage of collected municipal solid waste. Any blowing or spillage of residential or non-residential municipal solid waste either caused by Contractor or that occurs during collection shall be immediately cleaned up by the Contractor at Contractor's expense. Prior to any collection vehicle leaving a collection route and/or operating on any roads with a speed limit higher than 25 miles per hour, Contractor shall completely close any collection vehicle openings where materials may blow out, and thoroughly inspect for and contain any collected materials inadvertently spilled on top of the collection vehicle to prevent release or littering this material. Spillage not immediately cleaned up shall be cause for performance fees, as described in Part 13. 9.6 Contractor shall not be required to enter private property to pick up municipal solid waste while an animal considered or feared to be vicious is loose. It is the responsibility of the customer to confine or physically restrain such animal on scheduled collection days. 9.7 Contractor shall not be required to enter private garages, sheds or buildings to provide 0 collection services. 9.8 Contractor assumes no responsibility for articles left on or near collection containers, other than the duty of reasonable care. 9.9 Contractor is not required hereunder to collect and transport hazardous waste or other solid waste that is not acceptable or permitted for disposal at the Greater Wenatchee Regional Landfill and Recycling Facility. In addition, Contractor shall not be required to collect collection containers that are not set out or not filled in accordance with, or do not meet the Contractor's collection requirements. Regardless of the reason, when any municipal solid waste is not collected by the Contractor, Contractor shall leave a tag on the collection container (unless the collection container has not been set out) stating the reasons for Contractor's refusal to collect the same. Adequate records of the tags shall be maintained by the Contractor and shall be available to the City for inspection upon reasonable notice during established business hours. If the Contractor observes any substance which it or its employees reasonably believe or suspect to contain hazardous waste unlawfully disposed or released in reportable quantities in the City, Contractor shall immediately notify the City of the same. 9.10 The City reserves the right to direct the Contractor to alter an accustomed route or collection time due to weather and road conditions. The City shall advise the Contractor of these weather and road conditions as soon as reasonably possible. Contractor will make all reasonable efforts to perform regular solid waste and recycling collection in any Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 9 of 37 Exhibit A 0 affected route. 9.11 The City shall have the right to construct, improve and maintain all roads, streets, alleys and rights -of -way, which may require the Contractor to adjust its accustomed route or routes for collection. Contractor shall make every reasonable effort to collect all routes. PART TEN: COLLECTION SCHEDULES 10.1 Contractor shall use reasonable efforts at all times to keep all persons from whom it is collecting municipal solid waste advised of the schedules for collection, both day and time of collection, and shall further use reasonable efforts to maintain actual collection in accordance with written schedules. 10.2 All municipal solid waste collections shall be made during the following days and times: A. Residential Waste Customers. Between the hours of 6:00 a.m. and 5:00 p.m., Monday through Saturday. B. Commercial Waste Customers. Between the hours of 3:00 a.m. and 5:00 p.m., Monday through Saturday. C. Industrial Waste Customers. Between the hours of 3:00 a.m. and 5:00 p.m., Monday through Saturday. D. Institutional Waste Customers. Between the hours of 3:00 a.m. and 5:00 p.m., Monday through Saturday. 10.3 Contractor shall be able to make changes to the collection schedules when required due to imposition of weight restrictions or other limiting factors by the City. 10.4 Where special circumstances or customer complaints received by the City indicate the necessity or desirability of an adjustment in the days and hours between which collections may be made, the City may instruct the Contractor to make adjustments to the collection schedule. 10.5 Adequate provision shall be made by the Contractor to provide special collection when residential and non-residential municipal solid waste has not been collected during a regularly scheduled trip. For the purpose of this paragraph, special collection shall not be required if missed collection is caused by circumstances beyond the control of the Contractor, such as Acts of God, floods, temporary road surface conditions due to unusual inclement weather, or where materials have not been properly or timely set out for collection and such circumstances as the City and the Contractor may agree upon. Inclement weather, such as rain, sleet, snow and ice is not justification for missed collection, unless Contractor reasonably believes that conditions are unsafe. Under such circumstances, Contractor will contact the City's Operations and Maintenance Supervisor as soon as practicable. Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 10 of 37 Exhibit A 0 • 10.6 Special collection for missed collection shall be made by the Contractor when municipal solid waste has not been collected as regularly scheduled or when ordered by the City. Contractor shall provide a service credit for missed collection if the Contractor fails to provide special collection the next business day. The service credit for a residential customer shall be one week of free service, prorated, on the customer's next regular bill at his/her subscribed service level. The service credit for a non-residential customer shall be one collection occurrence of free service on the customer's next regular bill at his/her subscribed service level. A service credit is not required for missed collection due to Acts of God, floods, temporary road surface conditions due to unusual inclement weather, or where materials have not been properly or timely set out for collection. 10.7 Contractor shall not be required to provide a service credit for missed collection due to limitations on service as provided in paragraph 9.6. 10.8 Residential service customers may suspend service and collection charges during vacations, not to exceed 60 days, by providing notice to the Contractor at least 24 hours prior to the next scheduled collection. 10.9 Contractor may observe the following legal holidays: New Year's Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. Affected customers shall be notified in advance of the alternative day on which municipal solid waste shall be collected. PART ELEVEN: WASTE REDUCTION AND RECYCLING 11.1 Contractor shall keep abreast of all alternatives and innovations regarding the collection, disposal and recycling of municipal solid waste. Contractor shall advise and cooperate with the City in respect to any possible alternative and innovation, changes or improvement that could be accomplished in respect to the performance of this Contract. 11.2 Contractor shall, upon request and without cost, make available to the City technical, engineering and planning assistance in respect to all new construction or major remodeling of buildings and structures within the city limits of the City in respect to design and planning of on -site collection facilities and locations at the site proposed construction or remodeling project. 11.3 Contractor shall provide to each new applicant for service, and at least once a year to all current customers, a list, brochure, newsletter or similar document that describes: A. All service levels and service options (add-ons) available to the customer; B. All service levels and service options (add-ons) rates; C. Methods and programs available to recycle residential municipal solid waste; Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 11 of 37 Exhibit A 0 D. Available local commercial recycling programs; and E. All information shall be preapproved by City. 11.4 Contractor shall, with the assistance of the City, develop and implement an annual waste reduction and recycling education and promotion program for the citizens of the City. 11.5 Contractor shall collect all municipal solid waste from all the City's municipal buildings, facilities, street cans, and other City facilities used exclusively for governmental purposes, from all City waste receptacles located on public streets, and from all city parks without charge to the City. 11.6 Contractor shall collect all municipal solid waste from all agreed upon City festivals or special events, without charge to the City. The Contractor shall collect all municipal solid waste and recyclables at City -sponsored special events at no charge to the City or users. Container capacity shall be coordinated with and staff to ensure that sufficient container capacity and collection frequency is provided by the Contractor. These events shall include, but are not limited to: Fred Meyer Easter Egg Hunt (once a year); Les Schwab Classy Chassis Parade & Car Show (once a year);; Wings & Wheels Festival (once a year); Make A Difference Day (once a year);; and Wings and Wishes (once a year). At any time during the term of this Contract, the City and Contractor may mutually agree to add or remove City -sponsored special events to those listed above. The City will provide the Contractor with a specific break down of the number, type and size of collection containers requested, collection container drop-off location(s), drop-off dates and times, frequency of collection service, pick-up date and time and any additional information that the Contractor will need to provide the requested service. 11.7 Contractor will provide to City residents four, free disposal visits, not to exceed ten cubic yards, to the South Wenatchee Transfer Station annually. With proof of current collection service, and matching identification, all City residents will be allowed to dispose of residentially generated yard debris on a no charge basis at the South Wenatchee Transfer Station. 11.8 Contractor shall provide the City with a secure and lockable residential sharps container. The residential sharps container shall be all metal, painted red and properly labeled. All residential sharps collected by the City under its residential sharps collection program shall be disposed of into the Contractor provided residential sharps container. The residential sharps container shall be adequately maintained and emptied regularly by the Contractor. All collected residential sharps are to be properly disposed of at the Greater Wenatchee Regional Landfill and Recycling Facility. 11.9 Contractor shall implement in cooperation with the City a community recycling program. The community recycling program shall consist of a minimum of four community Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 12 of 37 Exhibit A recycling stations. Each community recycling station shall consist of one 30 cubic yard recycling container. Each community recycling station shall be clearly marked and each designated recyclable to be collected clearly indicated. Each community recycling station shall be adequately maintained and emptied regularly by the Contractor. 11.10 Contractor shall implement a mandatory residential single -stream recycling curbside program. The mandatory residential single -stream recycling curbside program shall include, at a minimum, weekly collection of designated recyclables, in Contractor provided recycling collection containers, unless a less frequent (e.g., bi-weekly) collection schedule is approved by the City. Contractor will provide, at a minimum, a 64 -gallon recycling collection container. The City retains the right to buy, at a price mutually agreed to by Contractor and City, the recycling collection containers at the end of the contract period. Curbside collection shall occur on the same day as regular solid waste collection to all eligible households Provision of this service by the Contractor shall be at no additional cost to the residential customer. 11.11 Contractor shall implement an expanded commercial single -stream recycling program for all apartments, townhouses, duplexes, and condominiums receiving a consolidated garbage bill. All consolidated billed apartments, townhouses, duplexes, or condominiums shall receive on 64-gallon single -stream recycling container for each municipal solid waste collection container subscribed to. • 11.12 Contractor shall implement a voluntary residential yard debris curbside collection program. Contractor assumes all risk for disposal and yard debris rates and services. The voluntary residential yard debris curbside collection program shall include, at a minimum, bi-weekly collection of yard debris, in Contractor provided yard debris collection containers. Curbside collection shall coincide with the collection of regular solid waste. Provision of this service by the Contractor shall be as an add -on service option requiring an additional service charge to the residential customer. 11.13 The Contractor shall provide procurement and distribution services for all yard debris collection carts to all subscribing households in the service area. The carts initially shall be provided to all subscribing households, and throughout the term of the contract to all new subscribing households, and within seven days on a replacement basis to existing, participating households. The City retains the right to buy, at a price mutually agreed to by Contractor and City, the carts at the end of the contract period. Carts initially must be distributed Monday between the hours of 6:00 a.m. and 5:00 p.m. and delivered to the household's front door, or as nearby as reasonable. As part of the Contractor's distribution services, the Contractor shall use all reasonable efforts to minimize cart loss. Replacement of carts shall be made on the following basis: A. Replacement necessitated by cart damage due to Contractor negligence, theft or normal wear and tear shall be made at the Contractor's expense. B. Replacement necessitated by cart damage due to customer negligence shall be at the customer's expense. 11.14 Contractor shall implement a voluntary commercial recycling program. The voluntary Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 13 of 37 Exhibit A ` commercial recycling program shall include, at a minimum, weekly collection of corrugated cardboard, in Contractor -provided detachable containers. Provision of this service by the Contractor shall be as an add -on service option requiring an additional service charge to the non-residential customer. 11.15 The implementation of the waste reduction and recycling program set forth in Part Eleven shall be at no cost to the City. All costs associated with the implementation, maintenance and servicing of the waste reduction and recycling programs shall be the responsibility of the Contractor and shall be included in the Contractor's rate structure. 11.16 Contractor shall, whereat all possible, develop agreements to sell the designated recyclables collected pursuant to the waste reduction and recycling programs at a fair and market -driven price. Contractor is discouraged from entering into long-term supply contracts for designated recyclables with out -of -area purchasers, if local purchasers are available and local prices are fair and market -driven. 11.17 All net revenues generated by the sale of designated residential recyclables pursuant to Sections 11.6, 11.9, 11.10, and 11.11 shall be paid by the Contractor to the City. "Net revenues" is defined as the Contractor's actual net value from the sale of the designated recyclables collected, minus processing and transportation costs documented by the Contractor. Payment to the City shall be on a quarterly basis with all net revenues support information attached. Contractor shall make payment to the City according to the • following schedule each year: I" quarter by April 30, 2°d quarter by July 30, 3`d quarter by November 30, and 4d' quarter by January 30. PART TWELVE: PERFORMANCE BOND AND LIABILITIES 12.1 Contractor shall comply with all applicable Federal, State, Local laws, regulations and ordinances pertaining to the collection, handling, transporting, disposing and monitoring of all municipal solid waste. Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and the Washington Industrial Safety and Health Act of 1973 (WISHA), as may be amended, and the standards and regulations issued thereunder. Contractor shall maintain continuously a Certificate of Public Convenience and Necessity issued by the Washington Utilities and Transportation Commission (WUTC). 12.2 Contractor shall furnish to the City a performance bond, approved by the City's legal counsel within ten business days upon awarding of the Contract. This performance bond shall be signed by a surety company or surety and shall be in a minimum amount of $500,000.00. Such performance bond shall be for individual, 12 month periods, but shall at all times be renewed or replaced on or before expiration and kept in full force and effect. Failure of the Contractor to furnish and maintain the performance bond shall be considered a material default of this Contract and grounds of its termination at the option of the City, subject to Contractor's right to cure under Section 13.2. 12.3 Contractor shall provide and maintain in full force and effect a policy of public liability Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 14 of 37 Exhibit A insurance and vehicle coverage, providing for limits of not less than $2 Million for all damages arising out of bodily injury to or death of one person, and subject to that limit for each person, a total of not less than $5 Million for all damages arising out of bodily injuries to or death of two or more persons in any one accident; property damage, liability insurance providing for a limit of not less than $2 Million for all damages arising out of injury or destruction of property. The following statements shall be included in all insurance policies: "the City of East Wenatchee is named as an additional insured"; and "this insurance is primary over any insurance or self-insurance the City of East Wenatchee may have ". All insurance policies shall provide for 30 calendar days written notice to the City of any change, cancellation or lapse of such insurance coverage. Failure of the Contractor to furnish and maintain the public liability insurance and vehicle coverage shall be considered a material default of this Contract and grounds of its immediate termination at the option of the City. 12.4 Contractor shall hold harmless and indemnify the City from any and all loss, damage, claims, suits, judgments or recoveries which may be asserted, made or may arise or be had, brought or recovered against the City arising or alleged to arise out of any claim or allegations alleging anti-trust violations or any negligent acts or negligent omissions of the Contractor, its employee, agents or subcontractors; and that the Contractor shall immediately appear and defend the same at its own cost and expense, provided that nothing shall be construed as indemnification for the negligence of the City, its employees or agents. PART THIRTEEN: BREACH OR DEFAULT 13.1 A breach of the services provided by this Contract would cause serious and substantial damage to the City and its residential and non-residential solid waste generators and the nature of the breach could render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach. If a breach of this Contract occurs, the Contractor recognizes that the City may, in addition to any other remedy the City may pursue, elect to collect liquidated damages for each breach of the Contract and the Contractor shall pay the City as liquidated damages and not as penalty, the amount set forth below, such sums being agreed upon by the City and the Contractor for each breach of such service. An election to seek such remedies shall not be construed as a waiver of any legal remedies available to the City for present or future breaches in service. A. A collection vehicle beginning residential collection prior to 6:00 A.M. — $50.00 per occurrence. B. A collection vehicle beginning commercial collection, industrial collection and institutional collection prior to 3:00 A.M. — $50.00 per occurrence. C. Failure to collect missed services within twenty four hours of notification to the Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 15 of 37 Exhibit A wContractor — $50.00 per occurrence. D. Repetition of verified complaints on a route after notification to the Contractor to replace collection containers in designated locations, crossing private property, not closing gates, note replacing collection containers and covers, conducting collection activities in a loud and unreasonable manner and using loud or profane language — $25.00 per occurrence. E. Failure to collect spilled materials within twenty four hours of notification to the Contractor- $500 per occurrence. F. Disposal of municipal solid waste generated by the customers serviced by this Contract at a non -designated disposal site- $500 per occurrence. Provided, however, that Contractor shall not be subject to any liquidated damages for any failure to service due to circumstances beyond its control, including but not limited to Acts of God, floods, temporary road surface conditions due to unusual inclement weather, or where materials have not been properly or timely set out for collection. In addition, Contractor shall be given a reasonable opportunity to explain to the City why it believes liquidated damages are not appropriate or justified in a particular instance. 13.2 If the Contractor is in material breach of this Contract or shall fail to give reason satisfactory to the City for noncompliance, the City may then declare the Contractor to be in default and notify the Contractor of such default and shall provide the Contractor with thirty days to cure such default. If Contractor fails to timely cure such default, the City may after said thirty days provide written notice of termination of the Contract and its surety on its performance bond. Upon receipt of any such written notice, the Contractor agrees that it will promptly discontinue the work, whereupon the surety may, at its option, to be exercised within ten days from such written notice, assume the work which the City has ordered discontinued and proceed to perform the same, at its sole cost and expense, in compliance with the terms and conditions of the Contract, and all documents incorporated within. If the surety fails to exercise its option within the ten day period, the City may complete the work or any part thereof, either by day labor, or by reletting the same, and the City shall have the right to take possession of and use any of the collection Vehicles, containers, equipment and facilities necessary for the completion of the same, and to charge such costs to the Contractor and its surety, together with all reasonable costs incidental thereto. The City shall be entitled to recover from the Contractor and its surety as damages all expenses incurred, including reasonable attorney and legal fees, together with such additional sums as may be necessary to complete the work, together with any further damages sustained or to be sustained by the City. 13.3 In addition to its other rights and remedies hereunder and if the Contractor has discontinued service in material breach of this Contract, the City may take possession of all the Contractor's collection vehicles, containers, equipment and employ such force as it may deem advisable to continue the work; and the cost of all labor and materials necessary for such work shall be paid by the City out of the moneys due or to become due to Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 16 of 37 Exhibit A 0 the Contractor, if any, or otherwise charge same to the Contractor in full. 13.4 All collection vehicles, containers and equipment shall be owned by the Contractor; provided, however that leasing or rental agreements may be allowed, when approved by the City prior to their execution. All such leasing or rental agreements shall provide than in the event of default by the Contractor of such lease or rental agreement, the City may at its option have the right to take possession of such collection vehicles, containers and equipment covered by such leasing and rental agreements. Any conditional sales contract or other contractual arrangement for financing the purchase of such collection vehicles, containers or equipment shall provide that, in the event of default by the Contractor, the City may at its option have the right to take possession of such collection vehicles, containers and equipment covered by such agreements. 13.5 No assent, expressed or implied, by the City to any breach of Contractor's covenants or agreements set forth herein shall be deemed to be a waiver of any future breach of the same or other covenant or agreement contained within. PART FOURTEEN: INSPECTIONS AND REPORTING 14.1 The City shall have the right to conduct periodic, random inspections of Contractor's collection vehicles and contents to verify and identify the residential and non-residential municipal solid waste being collected, transported and disposed of by its residential, commercial, industrial and institutional customers. 14.2 The City shall implement a data collection and evaluation program to track, monitor and report on the effectiveness of the waste reduction and recycling program as required within the adopted Douglas County Comprehensive Solid Waste Management Plan. The Contractor shall furnish such information as may be requested by the City annually. 14.3 The Contractor shall maintain in its local office full and complete operations, Customer, financial and service records that at any reasonable time during normal business hours shall be open for inspection and copying for any reasonable purpose by the City. In addition, the Contractor shall, during the Contract term, and at least five years thereafter, maintain in an office in Washington State reporting records and billing records pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles, reflecting the Contractor's services provided under this Contract. Those Contractor's accounts shall include but shall not be limited to all records, invoices and payments under the Contract, as adjusted for additional and deleted services provided under this Contract. The City shall be allowed access to these records for audit and review purposes. Contractor may keep any of the records indentified in this section in electronic format. The Contractor shall make available copies of certified weight slips for garbage, recyclables and compostables on request within two business days of the request. The weight slips may be requested for any period during the term of this Contract. The Is Contractor shall allow the City to interview any person and to review any evidence in the Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 17 of 37 Exhibit A Contractor's possession or control that may assist the City in determining whether and by what amount: (1) the Contractor is entitled to reimbursement or increased rates under the Contract; (2) the City is entitled to a reduction in rates under the contract; or (3) the Contractor is in compliance with the Contract. False or altered weight slips shall be cause for Contract termination. 14.4 To the extent legally possible, for all vehicles that the Contractor buys to service this contract, Contractor shall receive or take possession of said vehicles at 271 9`h St. NE, East Wenatchee, WA 98802. For all goods, products, and equipment that Contractor buys to service this contract, Contractor shall receive or take possession of said goods, products, and equipment at its local office. 14.5 Contractor shall provide to the City designated recyclable quarterly reports, due to the City's Finance Department to the following reporting schedule: I' quarter by April 30`s, 2nd quarter by July 30a', 3'a quarter by November 30a'; and 4"' quarter by January 30th and subsequent following years. Each quarterly report shall include the following information: A. Designated residential recyclable collected by commodity in pounds; B. Designated commercial recyclables collected by commodity in pounds; C. Net value of the designated residential recyclables sold; and D. Itemized breakdown of all processing and transportation costs incurred with the delivery of the residential recyclables to their delivery point. Additionally, each quarterly report shall include the following information: A. Name of the Contracted Collection Company; B. Address of the Contracted Collection Company; C. Name and Title of the Contracted Collection Company Contact Person; D. Business phone number of the Contracted Collection Company Contact Person; E. Name and location of where designated recyclables were shipped to; and F. Name and location of where designated recyclables were processed and marketed. 14.6 Contractor shall provide to the City by April 1st of each year, reporting totals, in pounds, for the following residential and non-residential municipal solid waste collected during the preceding calendar year: A. Residential Waste collected in pounds; Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 18 of 37 Exhibit A 0 B. Commercial Waste collected in pounds (by material type); C. Industrial Waste collected in pounds (by material type); D. Institutional Waste collected in pounds (by material type); E. Construction and demolition waste collected in pounds; F. Organic waste and yard debris collected in pounds; G. Sewage sludge collected in pounds; H. Asbestos waste collected in pounds; I. Petroleum contaminated soils collected in pounds; J. Other contaminated soils collected in pounds; K. Treated medical waste collected in pounds; L. Special wastes collected in pounds; and M. Designated recyclables collected in pounds (by commodity). Additionally, each annual report shall include the following information: A. Name of the Contracted Collection Company; B. Address of the Contracted Collection Company; C. Business phone number of the Contracted Collection Company; D. WUTC certificate of public convenience and necessity number; E. Current Route Sheet; F. Maps precisely defining collection routes and the times at which collection occurs. G. Number of residential customers served; H. Number of commercial customers served; I. Number of industrial customers served; J. Number of institutional customers served; Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 19 of 37 Exhibit A • K. Number of accounts past due by over 90 days; L. A log of complaints and resolutions for all collection services and sectors. At a minimum, the complaint log shall include customer's name and/or business name, customer's service address, contact telephone number, date of complaint, a description of the complaint, a description of how the complaint was resolved, the date of recovery/resolution and any additional driver's note or comments. M. A compilation of program participation statistics including: a summary of multi- family and commercial participation in recycling programs, set -out statistics for residential garbage, compostables and recyclables collection services, and log of bulky items. N. A description of any vehicle accidents infractions, or insurance claims against Contractor. O. An inventory of current collection, delivery, spare and other major equipment, including make, model, year, and accumulated miles. P. A discussion of all contract, collection and disposal changes, highlights, problems and measures taken to resolve them and increase efficiency and household participation. • Q. Recommendations for program improvements. 14.7 Under Washington State law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) prepared in performance of this Contract (the "documents") are public record subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the City receives a request for inspection or copying of any such documents, it shall promptly notify the Contractor and upon the written request of the Contractor, received by the City within five days of the mailing of such notice, shall postpone disclosure of the documents for a reasonable period of time as permitted by law to enable the Contractor to seek a court order prohibiting or conditioning the release of the documents. The City assumes no contractual obligation to enforce any exemption. PART FIFTEEN: CONSIDERATION AND RATES 15.1 Contractor shall provide a variable rate to all residential service customers within the City. 15.2 Contractor shall provide residential waste collection service to qualified disabled residents, to qualified elderly residents, and to qualified low income residents at a reduced rate. This reduced rate is only available to residential customers who show satisfactory proof under oath and in writing to the City that he or she meets the following requirements: Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 20 of 37 Exhibit A E A. Meet the requirements of City of East Wenatchee Municipal Code Section 4.34.020 or any successor codes, ordinances or resolutions as it pertains to qualified disabled residents, to qualified elderly residents and to qualified low income residents; B. Must state under oath that he or she will inform the City in writing if there is any change in his/her household status as it relates to the requirements set forth by City resolution. The City may require an updated application at any time; and C. He or she must reside at stated residence for a period of not less 90 days and has an intention to remain at such residence for a minimum of one year from the date of application. Upon approval by the City and upon written notification to the Contractor all qualified disabled residents, qualified elderly residents and qualified low income residents shall receive the percentage discount rate as specified within Appendix B. 15.3 For the full and faithful performance of the collection, transportation and disposal services required to be performed by the Contractor pursuant to this Contract, Contractor shall be compensated in accordance with the Schedule of Rates, Fees and Charges attached hereto as Appendix B or as amended during the term of this Contract as provide for within 15.4, 15.5, 15.6, 15.7 and 15.8. Payment shall be made to the Contractor by each customer according to the Contractor's billing procedures. 15.4 The rates and charges for residential municipal solid waste collection, set forth in Appendix B shall be effective January 1, 2012, and shall be adjusted each January I` thereafter. The rates and charges shall increase or decrease by 100 percent of the change in the Consumer Price Index CWURA423SAO for the Seattle -Tacoma -Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index"). Calculation of the annual adjustment will be from June to June of the preceding twelve months. Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. 15.5 The rates and charges for non- residential municipal solid waste collection, set forth in Appendix B shall be effective January 1, 2012, and shall be adjusted each January I" thereafter. The rates and charges shall increase or decrease by 100 percent of the change in the Consumer Price Index CWURA423SAO for the Seattle -Tacoma -Bremerton Metropolitan Area for Urban Wage Earners and Clerical Workers, all items (Revised Series) (CPI-W 1982-1984) prepared by the United States Department of Labor, Bureau of Labor Statistics, or a replacement index (the "CPI Index"). Calculation of the annual adjustment will be from June to June of the preceding twelve months. Adjustments to the Contractor's collection service charge shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. is Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 21 of 37 Exhibit A • 15.6 Any residential and non-residential rate, fee and charge increase request by the Contractor shall be made in writing to the City no later than September I" of each year that a modification is requested. No periodic increase in rates, fees and charges to be paid the Contractor shall be effective until reviewed and approved by the City Council. All periodic increases in rates, fees and charges shall become effective January 1 st of each year following receipt by the City of a verified City Council approved rate, fee and charge increase. 15.7 If Federal, State or Local laws or regulations require a change in operation at the Greater Wenatchee Regional Landfill and Recycling Facility which results in an increase in the tipping fee charged to the Contractor, the Contractor, with the approval of the City, which may not be unreasonably withheld, shall be allowed to pass through the increase in tipping fees. 15.8 If the Contractor receives a reduction in the tipping fee being charged at the Greater Wenatchee Regional Landfill and Recycling Facility, then the Contractor agrees to decrease the then existing rates, fees and charges to reflect such reduction, net of any additional costs incurred as a result of the reduction. 15.9 Contractor shall not adjust or modify rates due to employee wage increases, changes in Yard Debris processing fees, the value of recyclables, garbage collection service level shifts, fuel costs, or other changes affecting the collection system. At the time of the City's decision to extend this Contract through invoking Contract extension options, the Contractor can present a request for relief for any adverse market changes that have occurred during the previous period of the Contract. The City is under no obligation to give consideration for those adverse changes as a condition for invoking the Contract extension option. PART SIXTEEN: CUSTOMER BILLING 16.1 Contractor shall perform all billing and collection activities under this Contract with no recourse against the City. 16.2 Contractor shall charge each residential and non-residential customer according to the established rates, fees and charges as specified within Appendix B and as periodically increased as allowed under 15.6. 16.3 Payment shall be made to the Contractor by each residential and non-residential customer according to Contractor's established billing procedures. 16.4 Contractor shall maintain full and complete records and accounts of all the customers and charges. The City shall have access to all records and accounts applicable to the provision of service to its citizens and businesses and may examine and copy all such records and accounts at a reasonable time and place. Contractor agrees to furnish to the City, upon request, copies of all reports made to the Washington State Department of isRevenue. Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 22 of 37 Exhibit A • PART SEVENTEEN: GENERAL TERMS AND CONDITIONS 17.1 This Contract constitutes the entire agreement between the City and the Contractor with respect to the subject matter hereof and supersedes all prior agreements or understandings among the parties with respect thereto. Except as expressly provided in the Contract, no modification to the Contract shall be effective unless such modification shall be in writing and signed by both parties. 17.2 Any provision of the Contract that is determined to be illegal, invalid or unenforceable for any reason shall be ineffective to the extent of such prohibition without invalidating the remainder of the Contract. 17.3 This Contract or any interest in part thereof shall not be assigned, set over or transferred whether by operation of law or otherwise, nor shall any part thereof be subcontracted without prior written consent of the City first having been obtained. 17.4 All work to be performed under the Contract shall be in accordance with the conditions and provisions of East Wenatchee Municipal Code and any amendments thereof, unless the terms and conditions of the Contract clearly provide otherwise. 17.5 The meaning of terms and word contained herein shall be governed by the common and customary understanding of the industry as contained within Appendix A. 17.6 The City reserves the right, after notice and reasonable and appropriate time to cure, to cancel or terminate the Contract at any time in case Contractor fails or neglects to perform or adhere to any material provisions, terms or regulations of the Contract or fails to abide by any of the conditions or covenants herein contained. Time is of the essence in the performance of this Contract. 17.7 If any legal action or other proceeding is brought for enforcement of the Contract, or because of any alleged dispute, breach, default, or misrepresentation in connection with any of the conditions or covenants herein contained, each party shall pay its own attorney's fees and other costs incurred in that action, arbitration or proceeding, except as this paragraph is superseded by the Contractor's obligation to pay attorney's fees pursuant to indemnity obligations. 17.8 The venue for any action of law, suit in equity or judicial proceeding for the enforcement of this Contract shall be instituted and maintained only in the courts of competent jurisdictions in Douglas County, Washington. 17.9 The Contractor understands that any records (including but not limited to proposal submittals, the Contract, and any other contract materials) it submits to the City, or that are used by the City even if the Contractor possesses the records, are public records under Washington State law, RCW Chapter 42.56. Public records must be promptly disclosed upon request unless a statute exempts them from disclosure. The Contractor also Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 23 of 37 Exhibit A understands that even if part of a record is exempt from disclosure, the rest of that record generally must be disclosed. The Contractor must separate and clearly mark as "proprietary" information all records related to this Contract or the performance of this Contract that the Contractor believes are exempt from disclosure. The Contractor is to be familiar with potentially -applicable public disclosure exemptions and the limits of those exemptions, and will mark as "proprietary" only information that the Contractor believes legitimately fits within an exemption and will state the statutory exception upon which it is relying. If the City notifies the Contractor of a public records request, and the Contractor believes records are exempt from disclosure, it is the Contractor's responsibility to make its own determination and pursue a lawsuit under RCW 42.17.330 to enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Contractor. It is the Contractor's discretionary decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is deemed to have authorized releasing the record. Notwithstanding the above, the Contractor must not take any action that would affect (a) the City's ability to use goods and services provided under this Contract or (b) the Contractor's obligations under this Contract. The Contractor will fully cooperate with • the City in identifying and assembling records in case of any public disclosure request. PART EIGHTTEEN: SUCCESSIVE CONTRACTOR • 18.1 The City expects Contractor to work with the City and any successive contractor(s) in good faith to ensure a minimum of Customer disruption during the transition period. Container removal and replacement shall be coordinated between the Contractor and a successive contractor to occur simultaneously in order to minimize Customer inconvenience. The Contractor must provide a detailed customer list, including customer name, service address, mailing address, and collection and container rental service levels to the successive contractor within seven days request of the City. Failure to comply with the Contract provision shall result in the forfeiture of the Contractor's performance bond, at the City's discretion. Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 24 of 37 Exhibit A • IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals the day and year first above written. DATE: CITY OF EAST WENATCHEE MAYOR STEVEN C. LACY ATTEST: 0 BY: CITY CLERK DANA BARNARD • Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 25 of 37 DATE: WASTE MANAGEMENT OF WASHINGTON, INC. DEAN M. KATTLER, Vice President ATTEST: : Exhibit A • APPENDIX A: DEFINITIONS Unless the context clearly requires otherwise, the following definitions shall apply throughout the City of East Wenatchee Comprehensive Solid Waste and Recycling Collection and Disposal Agreement: "Bulky Waste" means all major appliances, such as washers, dryers, refrigerators, freezers, stoves, dishwashers, trash compactors, chairs, tables, console television sets, couches, mattresses, cabinets and dressers, and other items as agreed by the parties. "City" means the incorporated areas of the City of East Wenatchee, Washington, a political subdivision of the State of Washington. "Collection Containers" means any appropriate sized portable device used for the collection, storage, or transport of municipal solid waste including, but not limited to, reusable containers and detachable containers. "Collection Equipment" means an all metal, sealed, completely enclosed packer or container unit that is designed and manufactured for the purpose of providing residential and commercial service. "Collection Vehicle" means any Washington Utilities and Transportation Commission approved solid waste collection vehicle utilized by the Contractor to collect, transport and dispose of municipal solid waste within the City of East Wenatchee. "Commercial Waste" means any municipal solid waste originating in wholesale, retail or service establishments including, but not limited to, office buildings, stores, markets, theaters, hotel and warehouses. "Community Recycling Program" means a community based recycling program utilizing community recycling stations and curbside recycling to collect designated recyclables for the convenience of the City of East Wenatchee. "Community Recycling Stations" means the portable metal recycling containers provided by the Contractor to facilitate the City of East Wenatchee's community recycling program. "Contract" means the City of East Wenatchee Comprehensive Solid Waste and Recycling Collection and Disposal Agreement. "Contractor" means Waste Management of Washington, Inc., a solid waste and recycling collection and disposal company providing municipal solid waste collection and disposal service under contract to the City of East Wenatchee. "Curbside Recycling" means a recycling program offered to residential waste customers which includes, at a minimum, bi-weekly collection of co -mingled designated recyclables into recycling collection containers. Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 26 of 37 Exhibit A "Designated Recyclables" means those municipal solid wastes that are separated for recycling or reuse and that has been identified as having a market value that makes its collection economically viable. "Detachable Containers" means reusable containers that are mechanically loaded or handled, such as a dumpster or drop box. "Douglas County Comprehensive Solid Waste Management Plan" means the adopted countywide solid waste management plan required by RCW Chapter 70.95. "Hazardous Waste" means the same as defined under RCW 70.105.010, as it now exists or as hereafter amended. "Industrial Waste" means any municipal solid waste generated from manufacturing operations, food processing, or other industrial processes. "Institutional Waste" means any municipal solid waste originating in schools, hospitals, prisons, research institutions and other public buildings. "Intermediate Solid Waste Handling Facility" means any intermediate use or processing site engaged in solid waste handling which is not the final site of disposal. This includes material IS recovery facilities, transfer stations, drop boxes, baling and compaction sites. "Municipal Solid Waste (MSW)" means a subset of solid waste which includes unsegregated garbage, refuse and similar solid waste material discarded from residential, commercial, institutional and industrial sources and community activities, including residue after recyclables have been separated. Solid waste that has been segregated by source and characteristic may qualify for management as a non -municipal solid waste solid waste at a facility designed and operated to address the waste's characteristics and potential environmental impacts. The term municipal solid waste does not include: • Dangerous Wastes, other than wastes excluded from the requirements of WAC Chapter 173.303, Dangerous Waste regulations, in WAC 173.303.071, such as household hazardous wastes; • Any solid waste, including contaminated soil and debris, resulting from response action taken under Section 104 or 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601), RCW Chapter 70.105D, Hazardous Waste Cleanup — Model Toxic Control Act, WAC Chapter 173.340, the Model Toxic Control Act, and cleanup, regulation or a remedial action taken under those rules; nor • Mixed or segregated recyclable material that has been source -separated from garbage, refuse and similar solid waste. The residual from source -separated recyclables is municipal solid waste. "Non -Residential Waste" means any municipal solid waste originating from commercial, Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 27 of 37 Exhibit A • industrial or institutional generators including, but not limited to, wholesale, retail, service establishments, warehousing, manufacturing, food processing establishments, hospitals, schools, or other public buildings. "Recycling Collection Containers" means a collection container provided by the Contractor to its residential waste customers to facilitate the collection of the designated recyclables. At a minimum, the container must hold 64 gallons of designated recyclables. "Reduced Rate" means a residential municipal solid waste collection rate incorporating a rebate, refund or discount. "Residential Waste" means any municipal solid waste originating from residential households including, but not limited to, single family residences, apartments, townhouses, duplexes and condominiums. "Reusable Containers" means containers that are used more than once to handle municipal solid waste, such as garbage cans. "Single -Stream Recycling" means a method of collecting co -mingled designated recyclables within a recycling collection container. "Solid Waste" means the same as defined under RCW 70.95.030., as it now exists or as hereafter amended, except for the purpose of this contract solid waste does not include designated recyclables. "Variable Rate" means a rate system under which residential municipal solid waste customers pay for collection and disposal service per unit of waste collected rather than through a fixed volume fee. "Yard Debris" means leaves, grass, brush, clippings, plants, shrubs, tree trimmings, and branches less than 4 inches in diameter and less than 8 feet in length. Yard debris does not include stumps, dimensional lumber, rocks, dirt or sod, manure, demolition debris, food waste or plastic. "Yard Debris Collection Container" means a collection container provided by the Contractor to its residential waste customers to facilitate the collection of yard debris. At a minimum, the container must hold 96 gallons of yard debris. "WUTC" means the Washington Utilities and Transportation Commission. 41 Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 28 of 37 Exhibit A iAPPENDIX B: SCHEDULE OF RATES, FEES AND CHARGES RESIDENTIAL COLLECTION RATES: Residential Municipal Solid Waste Collection Rates: (weekly service) Single Family Residential Rate 35 Gallon Garbage Container $ 12.19/month 64 Gallon Garbage Container $ 16.19/month 96 Gallon Garbage Container $ 22.19/month 1 Cubic Yard Garbage Container $ 61.36/month 2 Cubic Yard Garbage Container $105.47/month Apartment/Townhouse/Duplex/Condominium Residential Rate 35 Gallon Garbage Container $ 12.19/month 64 Gallon Garbage Container $ 16.19/month 96 Gallon Garbage Container $ 22.19/month 1 Cubic Yard Garbage Container $ 61.36/month 2 Cubic Yard Garbage Container $105.47/month 3 Cubic Yard Garbage Container $143.91 /month 4 Cubic Yard Garbage Container $178.10/month • Residential Single -Stream Recycling Rates: (weekly service) Single Family Residential Rate 64 Gallon Recycling Container No Costs Apartment/Townhouse/Duplex/Condominium Residential Rate* 64 Gallon Recycling Container see note below *Individually billed Apartments/Townhouses/Duplexes/Condominiums at no costs, consolidated billed Apartments/Townhouses/Duplexes/Condominiums shall receive one 64 gallon recycling container for each garbage container subscribed too. Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 29 of 37 Exhibit A • • Residential Yard Debris Subscription Collection Rates: (bi-weekly service)* *Voluntary Service by Subscription Only Single Family Residential Rate One 96 Gallon Yard Debris Container Two 96 Gallon Yard Debris Container Three 96 Gallon Yard Debris Container Four 96 Gallon Yard Debris Container Extra Yard Debris Charge (per 32-gallon equivalent) Apartment/Townhouse/Duplex/Condominium Residential Rate* One 96 Gallon Yard Debris Container Two 96 Gallon Yard Debris Container Three 96 Gallon Yard Debris Container Four 96 Gallon Yard Debris Container Extra Yard Debris Charge (per 32-gallon equivalent) $ 8.85/month $ 14.40/month $ 21.60/month $ 28.80/month $ 2.40/pick-up $ 8.85/month $ 14.40/month $ 21.60/month $ 28.80/month $ 2.40/pick-up *Individually billed Apartments/Townhouses/Duplexes/Condominiums shall pay the established Apartment/Townhouse/Duplex/Condominium Residential Rate, while consolidated billed Apartments/Townhouses/Duplexes/Condominiums shall be charged the Commercial Yard Debris Subscription Rates. Disabled/Low Income/Senior Citizen Discount: *Applies only to Residential Individually Billed Collection Rates Additional Residential Add -On Services Available: Carry Out Service per Container Additional 96 Gallon Container Bulky Waste Pick Up Additional Residential Charges: Distance Charge (over 10 feet distance) Overweight Container Bulk/Loose Material Pickup Container Cleaning Restock Charge Extra Garbage Collection Charge (per 32-gallon equivalent) Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 30 of 37 20%* $ 14.08/month $ 11.00/month $25.00 + purging fee $ 3.16/container/month $8.88/pickup $21.11 /cubic yard $ 6.25/container $14.80/restock $ 2.85/equivalent Exhibit A • is NON-RESIDENTIAL COLLECTION RATES: Commercial Municipal Solid Waste Collection Rates: (weekly service)* *Includes consolidated billed Apartments/Townhouses/Duplexes/Condominiums, Commercial, Industrial, and Institutional Municipal Solid Waste Collection Rates 96 Gallon Container: 1 Garbage Container $ 31.85/month 2 Garbage Containers $ 57.76/month 3 Garbage Containers $ 80.85/month 4 Garbage Containers $115.53/month Cubic Yard Container: (loose) 1 Cubic Yard Container $ 61.36/month 2 Cubic Yard Container $105.47/month 4 Cubic Yard Container $178. 1 0/month 6 Cubic Yard Container $250.81/month 8 Cubic Yard Container $317.94/month Cubic Yard Container: (compacted) 4 Cubic Yard Container $439.66/month 6 Cubic Yard Container $623.61/month Drop Box Container: (loose) Size of Container Haul Dump Fee Rent/Month 20 Cubic Yard $106.90 see tip fee $ 84.03 25 Cubic Yard $106.90 see tip fee $ 98.03 30 Cubic Yard $106.90 see tip fee $ 98.03 40 Cubic Yard $106.90 see tip fee $112.03 50 Cubic Yard $106.90 see tip fee $126.00* *not available to Commercial or Institutional customers Additional Charges on Temporary Drop Boxes: Haul Rate Placement Rate Mileage Rate Drop Box Rental Rate Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 31 of 37 $117.40/haul $ 50.58/placement $ 2.89/mile $ 3.92/day Exhibit A • 9 Compactor Container: Size of Container Haul Dump Fee 15 Cubic Yards $106.90 see tip fee 20 Cubic Yards $106.90 see tip fee 25 Cubic Yards $106.90 see tip fee 30 Cubic Yards $106.90 see tip fee 40 Cubic Yards $106.90 see tip fee Additional Charges on Temporary Compactor Container: Connection/Disconnection Rate Placement Rate Mileage Rate Gate or Obstruction Rate Commercial Single -Stream Recycling Rates:* $ 84.03 $ 98.03 $ 98.03 $ 98.03 $112.03 $ 25.60/pick-up $ 50.58/placement $ 2.89/mile $ 11.85/pick-up *Includes Commercial, Industrial, and Institutional Municipal Solid Waste Collection Rates Rates to be established by the Commercial Customer and the Contractor. Service levels, frequency of service and costs to be individually negotiated between the Commercial Customer and the Contractor, Commercial Yard Debris Subscription Collection Rates:* *Includes consolidated billed Apartments/Townhouses/Duplexes/Condominiums, Commercial, Industrial, and Institutional Municipal Solid Waste Collection Rates Rates to be established by the Commercial Customer and the Contractor. Service levels, frequency of service and costs to be individually negotiated between the Commercial Customer and the Contractor, Disabled/Low Income/Senior Citizen Discount: Additional Commercial Charges: Special Pickups Collection Vehicle Extra Personnel Disposal Fee (loose) Disposal Fee (compacted) Container Cleaning Charges Steam Cleaning Pickup/Redelivery Charge (0-8cy) Pickup/Redelivery Charge (greater than 8cy) Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 32 of 37 Does not apply $110.48/hour $ 22.04/hour see tip fee see tip fee $ 6.25/cleaning $ 19.63/pick-up $ 31.60/pick-up Exhibit A Extra Garbage Collection Charge (per 32-gallon equivalent) $ 2.85/equivalent Extra Garbage Charge (per loose yard) $ 21.11/yard DISPOSAL FACILITY TIP FEE: Residential Municipal Solid Waste $ 51.00/ton Non -Residential Municipal Solid Waste $ 51.00/ton Organic/Yard Debris $ 25.00/ton Construction & Demolition Waste $ 51.00/ton Concrete Waste $ 6.00/ton Asbestos Waste $101.12/ton Special Waste $101.12/ton Permitted Waste varies per ton Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 33 of 37 Exhibit A +. APPENDIX C: SERVICE AREA MAPS ILESt7?Er�TiF� jr�b't� t,t,, L) C7 • V I t It IFLUDA-4 (OQhN Ia t — ---I ! i Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 34 of 37 Exhibit A • 0 n U Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 35 of 37 Exhibit A • • S • Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 36 of 37 r e 'J A Exhibit A • -_�u FRIDA Y GARBAGE PICK-UP ROME FOR CM OF EAST WENATCHEE z 1 `� -5-tb- 6zr'"_ LEGEND CITY LIMITS - GARBAGE PICK-UP ROUTE - PARCELS STREETS Comprehensive Solid Waste and Recycling Collection and Disposal Agreement Page 37 of 37 • 0 COUNCIL AGENDA BILL # PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-11-14 Devin Poulson City Attorney AGENDA ITEM # AGENDA DATE: DEPARTMENT: 11 November 22, 2011 Legal Department TITLE: An Ordinance of the City of East Wenatchee lowering the amount of the utility rate reduction for garbage and refuse collection for senior citizens, disabled citizens, and low- income citizens to twenty percent by amending East Wenatchee Municipal Code 4.34.030. BACKGROUND/HISTORY: Currently, the discount rate is 50%. As you know, the City went out to bid for its garbage collection service. Concurrent with this Ordinance, it is expected that the City Council will authorize the Mayor to execute a contract with Waste Management. Waste Management's rates are based on a 20% discount rather that a 50% discount. Thus, in order to secure the current rates, the City Council needs to amend the Municipal Code to reflect this change. The alternative is to not approve the reduction in the discount. This would allow Waste Management to revise its rates upward. EXHIBITS: None. RECOMMENDED ACTION: Elevate to second reading and approve. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required ACTION TAKEN: Motion Made By: Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 • City of East Wenatchee, Washington Ordinance No. 2011-[#] An Ordinance of the City of East Wenatchee lowering the amount of the utility rate reduction for garbage and refuse collection for senior citizens, disabled citizens, and low-income citizens to twenty percent by amending East Wenatchee Municipal Code 4.34.030. 1. Authority. a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council of the City of East Wenatchee to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: Amendment. The City Council amends East Wenatchee Municipal Code 4.34.030 to read as follows: 4.34.030 Rate reduction — Applicable utilities. A. A utility rate reduction shall be applied to the residential • monthly utility bills of senior citizens and of low-income disabled citizens, in accordance with the terms of this chapter. B. The amount of the utility rate reduction for garbage and refuse collection, including any adjustments to said rate, shall be as established by city ordinance and is subject to amendment by future city ordinances. The utility rate reduction for garbage and refuse collection as of the date of passage of the ordinance codified in this chapter is set forth in Ordinance 2011-0896 14. Section 2: Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Section 3: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. Section 4: Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this day of , 2011. • City of East Wenatchee Ordinance 2011-[#] Ordinance Page 1 of 1 • CITY OF EAST WENATCHEE, WASHINGTON By Steven C. Lacy, Mayor ATTEST: Dana Barnard, City Clerk Approved as to form only: . Devin Poulson, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: City of East Wenatchee Ordinance 2011-[#] Ordinance Page 2 of 2 • Summary of Ordinance No. 2011-[#] • Of the City of East Wenatchee, Washington On the day of , 2011, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2011-[#], the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee lowering the amount of the utility rate reduction for garbage and refuse collection for senior citizens, disabled citizens, and low-income citizens to twenty percent by amending East Wenatchee Municipal Code 4.34.030. Upon request, the City will mail a full text of this Ordinance. Dated this day of , 2011. CITY CLERK, DANA BARNARD City of East Wenatchee Ordinance 2011-[#] Ordinance Page 3 of 3 is COUNCIL AGENDA BILL # PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 11-11-15 Brandon Mauseth Associate Enaineer AGENDA ITEM # AGENDA DATE: DEPARTMENT: 12 November 22, 2011 Public Works TITLE: 91 t M-M CA] Ordinance ADDrovinq and Adootinq the Greater East Wenatchee Stormwater Utility Budqet. BACKGROUND/HISTORY: The City of East Wenatchee and Douglas County entered into an interlocal agreement in 1998 for the purpose of providing a stable funding source for improvements to the drainage system and general operation and maintenance of the stormwater systems. The City and the County established separate Stormwater Utilities in accordance with RCW Chapters 35.67 and 36.89 respectively. RCW 35A.33.020 permits a separate budgeting process for the adoption of a municipal utility budget. EWMC 13.10.090 and Section 5.03 of the SWU Interlocal Agreement require approval of the budget by the City Council and the Board of County Commissioners. EXHIBITS: Ordinance Memorandum for 2012 Stormwater Utility Budget Proposal (Douglas County Transportation & Land Services) Greater East Wenatchee Storm Water Utility 2011 Budget Proposal RECOMMENDED ACTION: First reading of the Ordinance. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required See Budget Proposal See Budget Proposal See Budget Proposal ACTION TAKEN: Motion Made By: Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 DOUGLAS COUNTY TRANSPORTATION & LAND SERVICES 140 19TH STREET NW, SUITE A • EAST WENATCHEE, WA 98802 PHONE: 509/884-7173 • FAX:509/886-3954 www.douglascountywa.net MEMORANDUM To: Storm Water Utility Management Team CC: Board of County Commissioners, East Wenatchee Mayor and City Council From: Jennifer Lange Date: October 21, 2011 Re: 2012 Storm Water Utility Budget Proposal Please find attached the 2012 Storm Water Utility Budget Proposal. The budget includes the following: 1. Summary: Expenditures: $4,415,435, Revenue: $3,453,827, Ending Balance: $2,869,562. 2. Administration Account: a. Administration: SWU: $145,000, DC: $14,000, EW $12,900 Includes expenditures associated with billing & collection, and update of the Capital Facility Plan. b. Debt Redemption: $170,000 Includes debt redemption associated with four loans including the 11th Street detention basin, and the Canyon A conveyance project (two pre -construction loans and the construction loan). c. Transfers: Capital: $400,000, Disaster: $50,000, NPDES: $409,800 Includes transfers to the Capital Account, Disaster Account and National Pollutant Discharge Elimination System NPDES account. The transfers to the NPDES account include a portion of the service charge which has been designated for NPDES program elements and a transfer of funds for Pollution Prevention and Good Housekeeping (sweeping/vactoring). d. Revenue: $1,031,500 Service charge for 2012, $45 per ESU, per year. 3. Capital Account: a. Pre -Construction: $290,000 Includes three (3) projects. • Eastmont Avenue — stormwater component of safety improvement project. • 71h Street NE — Subdivision approved with rural/ditch section which has been filled in by ALL of the property owners- causing flooding and property damage — need to design & construct urban improvements to address SW runoff. • NW Columbia —Subdivision approved without requirement for stormwater improvements — causing property damage — need to design and construct stormwater collection and conveyance system) b. Construction: $2,399,990 Includes: • Final phases of construction for Canyon A Conveyance. Portion of conveyance project is tied with WSDOT Sellar Bridge contract. • Retro-fit 3`d Street NE & Valley Mall Parkway includes grant funding through the Department of Ecology, 25% match from SWU. • 23`d Street (Baker Avenue to SR 28) — stormwater component. SWU=Greater East Wenatchee Storm Water Utility EW = East Wenatchee DC = Douglas County WSDOT = Washington State Department of Transportation NPDES = National Pollutant Discharge Elimination System IDDE = Illicit Discharge Detection Elimination System • Baker Avenue (23`d Street NE to City Limits) — stormwater component. • East Wenatchee and Douglas County participation in Regional Decant Facility (with Chelan County and City of Wenatchee (lead)) • Pending Ecology Grant applications including —fuel station, vehicle wash and material storage retrofit projects at the County Area 1 Shop. c. Small Projects: $200,000 (DC: $100,000, EW: $100,000) Projects to be selected by the SWU Management team based upon criteria including, significance of storm water concern (flooding, water quality, and recurrence) and the ability to comprehensively address storm water projects in a cost effective and timely manner. 4. Douglas County NPDES Program: Expenditures $264,400, Revenue $295,000 ($195,000 service charge, $100,000 grant) Without grant funding to supplement the service charge contribution for required NPDES program there is a potential that there will be a funding short fall beginning with the 2013 Budget cycle. Staff recommends exploration of cost recovery mechanisms for Illicit Discharge and Construction/Post Construction program elements. a. Stormwater Program — updates/administration: $12,500 Requirements for annual reports, recordkeeping and program updates. This includes a slight increase from 2011 to account program modifications anticipated in the updated NPDES Permit. The DRAFT permit was issued for public comment on October 19, 2011. Anticipate issuance of the permit during the summer of 2012. b. Public Education and Outreach: $6,000 Publications, advertisements, outreach events. c. Public Involvement and participation: $4,000 Steering Committee, Public Hearings. d. Illicit Discharge Detection and Elimination (IDDE): $10,000 Training, Investigations, Recordkeeping. e. Construction Site Stormwater Runoff Control: $25,000 Ordinance updates, Plan review, Inspection Training, Recordkeeping. f. Post Construction Stormwater Management: $30,000 Ordinance updates, Plan review, Inspection Training, Recordkeeping. g. Pollution Prevention and Good Housekeeping_ $160,000 Training, O&M (vectoring/sweeping-$100,000), system mapping (data collection & management), Capital Facility/Comprehensive Plan. h. Monitoring: Required site assessments: $8,000 i. Other: UIC registration/assessments: $5,000 Permit Fee: $3,900 NOTE: Proposed budget expenditures have been modified from the estimates provided in 2011, generally this has resulted in a decrease in proposed expenditures. The decrease in anticipated expenditures may be attributed to efficiencies derived by working cooperatively as part of the Wenatchee Valley Stormwater Technical Advisory Committee AND current economic conditions which has significantly decreased the amount of development applications processed. When development picks up, additional expenditures associated with Construction, Post Construction and IDDE program elements should be anticipated. SWU=Greater East Wenatchee Storm Water Utility EW = East Wenatchee DC = Douglas County WSDOT = Washington State Department of Transportation NPDES = National Pollutant Discharge Elimination System IDDE = Illicit Discharge Detection Elimination System • • 5. East Wenatchee NPDES Program: • Expenditures $281,845, Revenue $283,177 ($214,800 service charge, $68,377 grants) a. Stormwater Program — updates/administration: $10,050 Requirements for annual reports, recordkeeping and program updates. b. Public Education and Outreach: $5,000 Publications, advertisements, outreach events. c. Public Involvement and participation: $4,500 Steering Committee, Public Hearings is d. Illicit Discharge Detection and Elimination (IDDE): $18,000 Training, Investigations, Recordkeeping e. Construction Site Stormwater Runoff Control: $20,045 Ordinance updates, Plan review, Inspection Training, Recordkeeping f. Post Construction Stormwater Management: $22,050 Ordinance updates, Plan review, Inspection Training, Recordkeeping g. Pollution Prevention and Good Housekeeping: $195,000 Training, O&M (vactoring/sweeping-$100,000), system mapping (data collection & management), Capital Facility/Comprehensive Plan. h. Monitorinq: Required site assessments: $5,000 i. Other: UIC registration/assessments: $9,000 Permit Fee: $3,200 NOTE: Proposed budget expenditures have been modified from the estimates provided in 2011, generally this has resulted in a decrease in proposed expenditures. The decrease in anticipated expenditures may be attributed to efficiencies derived by working cooperatively as part of the Wenatchee Valley Stormwater Technical Advisory Committee AND current economic conditions which has significantly decreased the amount of development applications processed. When development picks up, additional expenditures associated with Construction, Post Construction and IDDE program elements should be anticipated. 6. Reserve Accounts: a. Catastrophic Flood ($500,000 maximum): balance $388,327 b. Significant Flood ($100,000 maximum): balance $103,318 c. Equipment ER&R (Vactor #220): balance $86,294 SWU=Greater East Wenatchee Storm Water Utility EW = East Wenatchee DC = Douglas County WSDOT = Washington State Department of Transportation NPDES = National Pollutant Discharge Elimination System IDDE = Illicit Discharge Detection Elimination System GREATER EAST WENATCHEE STORM WATER UTILITY 2012 BUDGET PROPOSAL • 0 0 CAPITAL ACCOU NT DRAFT 2012 Budget 2011 Budget 2011 spent PROJECTED EXPENDITURES $ 2,628,990 $ 2,107,363 1 $ 226,098 $ 309,435 PRECONSTRUCTION 29,000 $ • P2-Canyon A, 3rd & Mary (Permitting) • Eastmont Avenue SW design (EW) 6,000 • 17th Street NE - Stormwater System re-establishment 1 15,000 • JNW Columbia Avenue- Stormwater System (design) 8,000 CONSTRUCTION 2,399,990 $ 1,907,363 $ 154,089 $ 154,435 • Pi -Canyon A, Stage 3(A), WSDOT (SR28 to Columbia) 450,000 $ 1,087,000 $ 148,285 148285 P3-Canyon A, Stage 3(B), WSDOT (SR28 to Columbia) 75,000 $ 150,000 $ 1,150 1150.32 • D'1 _/`+.+y9n A Stage A T ash Raek @ Eastmwt $ 4,652 5000 • PI -Canyon A, Stage 5(A), Eastmont System Connection 217,140 $ 217,140 • PI -Canyon A, Stage 5(B), services during construction 32,850 $ 32,860 • IRetro -fit 3rd St. NE & Valley Mall Parkway (Ecology Grant as%M) 190,000 $ 200,000 • 23rd Street contribution (Baker - SR28) 100,000 $ 220,363 • Baker Avenue - SW matching funds ($325,000) 325,000 • 7th Street NE - Stormwater System re-establishment 125,000 • NW Columbia Avenue - Stormwater System (design) 85,000 • Participation regional decant facility ($75,000 DC & EW) 150,000 • I Ecology Grant Projects (pending approval) Facility retro-fit - fueling operations 400,000 4 Facility retro-fit - covered washbay 150,000 Facility retro-fit - covered material storage 100,000 SMALL STORMWATER PROJECTS 200,000 $ 200,000 $ 72,000 Is 155,000 • I Douglas County 100,000 $ 100,000 75000 • jEastwenatchee 100,000 $ 100,000 $ 72,000 80000 REVENUE 1 1,740,000 $ 1,804,775 $ 20,040 $ 420,014 • ITransfer from Administration Account 400,000 $ 400,000 400000 • Icanyon A PWTF Loan 700,000 $ 1,086,512 0 • ITfa,. $ 17014 1 17014 • Retro-fit 3rd St. NE & Valley Mall Parkway (Ecology Grant25%rot) 150,000 $ 150,000 • 123rd Street Retro-fit (Baker Avenue - SR28) - $ 165,263 Is jEcology Grant Projects (pending approval) 487,500 • linterest 2,500 $ 3,000 $ 3,026 3000 BEGINNING BALANCE $ 2,765,205 $ 2,654,626 $ 2,705,547 $ 2,654,626 ENDING BALANCE $ 1,876,215 $ 2,308,143 $ 2,499,499 $ 2,765,205 DC= Douglas County EW= East Wenatchee I PWTF= Public Works Trust Fund (Loan) S Nbm6 fW_, br= Mayor 5+-e,&\ lA y Minutes • Board of Health Meeting Chelan -Douglas Health District October 17, 2011 Keith Goehner, Chair, called the meeting to order at 4:05 p.m. The Chair, Russ Clark, Doug England, Steve Lacy, Karen Rutherford, and Steve Jenkins provided a quorum. Consent Agenda Russ Clark, Mayor, City of Rock Island, made a motion to approve the consent agenda that included the September 19, 2011 Board of Health meeting minutes, September Payroll in the amount of $150,911.18, September Benefits in the amount of $41,513.22, and approval of Voucher No. 20110506 through 20110558 in the amount of $41,244.56. Steve Lacy, Mayor, City of East Wenatchee, seconded the motion and it carried unanimously. Program Update Mary Small, Associate Administrator, gave a brief review of the Community Health and Preparedness programs included in the 2010 Annual Report to the Board. . Board Discussion None None None Public Comment New Business Unfinished Business Connie Dorner, Secretary to the Board, reported that she completed a summary of the five administrator evaluations that were completed. One of the Board members chose not to complete one as he is fairly new on the Board and two others haven't completed the evaluation yet. The chair requested that the two remaining be completed and returned to the secretary so she can complete the summary for discussion at the next meeting. Regarding the proposed 2012 budget, there were no questions from members but the Administrator explained the District's cash flow position and highlighted a change in the fee schedule related to temporary events. The change involved elimination of the late fee for applications received one day before the temporary event. This fee was no longer functional • because Chelan -Douglas Health District is closed on Fridays and most temporary events occur on weekends. U Board of Health Meeting Minutes October' 17, 2011 Page 2 of 2 Reports Bev Neher, Nursing Director, reported that the outreach clinics for the flu shots have begun and are scheduled throughout October. The Nursing Director also reminded the Board that she is working with the Department of Health to transition the HIV Program. Mary Small, Associate Administrator, Community Health and Preparedness, reported that last month was Preparedness month. She distributed a poster to each Board member called "OUTBREAK Deadliest Pandemics in History" that gives the name and year of each pandemic, along with symptoms and the death toll. Barry Kling, Administrator/Environmental Health Director, reported that the food program is now within about 20 inspections of overcoming the backlog of 60+ inspections we had earlier in the year. He also reviewed pending solid waste complaint sites. The Administrator/Environmental Health Director continues to shadow a different EH staff member a few hours each week. Executive Session • Doug England, Chelan County Commissioner, made a motion to go into executive session at 5:02 p.m. to discuss labor negotiations for 20 minutes. Russ Clark, Mayor, City of Rock Island, seconded the motion and it carried unanimously. The Chair extended the executive session for an additional 15 minutes at 5:22 p.m. The regular meeting reconvened at 5:37 p.m. Adiournment The Chair adjourned the meeting at 5:38 p.m. Keith Goehner, Chair 0 An Impending Default of Greater Wenatchee Events Center PFD Bonds • Problem... A $42 million principal on bond anticipation notes taken out by the Greater Wenatchee Events Center Public Facility District Bond matures December 1, 2011. At this point, the PFD does not have the revenue to pay this principal on its own. Up to now, we have met with, advised and facilitated meetings among local parties in an effort to help them find a way to deal with this problem themselves. Solving this locally was made more difficult by a Chelan County Superior Court ruling that the City of Wenatchee's contingent loan agreement would constitute debt subject to their debt limit. This determination constrained Wenatchee's ability to back the PFD's debt as was pledged when the bonds were sold. Because local governments have run out of both the time and options to solve this problem themselves, we have prepared legislation that can be taken up Nov. 28 in the special session. Solution... While the state has no legal obligation to prevent a local government default, action by the Legislature will prevent default on these bonds to protect the borrowing ability, finances, and good standing of all the state's local governments. This bill does not relieve the PFD; the City of Wenatchee, or any other jurisdictions of responsibility to repay their debts. It is abridge loan with strict repayment requirements. It is not a bail -out, but instead an intervention by the state to enable this PFD to meet its obligations. The proposed legislation: • Will allow the Treasurer to pay the principal owed to bond holders on Dec 1, 2011 with $42 million from the local sales and use tax account collected by the state for local governments. • Uses local funds, not state funds. Local funds from across the state are used to protect local governments from the impact they would otherwise feel from a local government default. • Does not change the amount or timing of local sales tax receipts collected for -and remitted to local governments. • Creates loan to the PFD to be repaid over no more than 10 years. • Requires that all funds needed to repay the principal and interest on this loan be taken from the PFD's jurisdiction(s) local sales taxes from Jan 1, 2013 for up to 10 years. • No interest is charged for the first 30 days, with interest beginning Jan 1, 2012 at a "20-bond bond buyer rate" plus one percentage point. • Lets the PFD and its jurisdiction(s) raise revenue to support repayment with up to a 0.2 percent sales tax increase from either a popular vote or by councilmatic action. • Allows the PFD or its jurisdiction(s) to seek longer term private bond financing at a lower interest rate to repay the local sales and use tax account early. • Because the loan comes from local funds, this will not make the general fund deficit worse, nor does it compete with the state operating, capital or transportation budgets. • If the Legislature passes this bill, the state would proactively step in to avoid a default and equip the effected local jurisdictions with the time and tools needed to solve their problem. U Background an Municipal Defaults Historically, municipal defaults occur much less often than defaults on private debt — largely due to statutory limits on borrowing, public oversight of financial management, scrutiny of taxes and rates, and governmental control over tax sources. Should this municipal default happen, it will stand out in stark relief against a backdrop of otherwise disciplined debt issuance in Washington and may have a magnified, ripple effect on other borrowers across the state. A default by this PFD may have a significant impact on the borrowing costs of other public facility districts, cities, and counties in this state that may have contingent loan agreements with public facility districts and any entity that could be perceived to either promote such facilities or face some responsibility or financial liability for the default. Investors considering buying local government bonds in Washington could ask: • Who is responsible for overseeing the prudence of these facility financings? • Is there a lack of discipline that raises questions about how other local debt is overseen? • if Wenatchee's "guarantee" of the PFD debt turned out to exceed the city's debt limit, are there other similar guarantees that may also be unenforceable? • Are Washington's cities doing off balance sheet borrowing that does not appear in their financial statements? • What liability and responsibility may there be among all the parties to this PFD? and - • If the State Auditor signaled problems with the Wenatchee financing a year ago, why was nothing done to deal with the problem sooner? Bond investors can choose among thousands of issuers throughout the country; they stay away from or seek large interest rate concessions from borrowers who are perceived to pose a higher risk of default. If this PFD defaults, all the state's other local municipalities will need to distinguish their financial condition, governance and bonds from that of the PFD. But, investors often do not have the patience or interest in pursuing answers to these questions. As a result, a default may cast a long shadow over outstanding and future financings that are in no way related to the PFD bonds — in some ways similar to what has happened in Pennsylvania (Harrisburg); Rhode Island (Central Falls); Alabama (Jefferson County — Birmingham); and California (Vallejo). A default may have a significant and costly impact on other local governments in Washington when they seek access to the bond market. Our local governments cannot afford to suffer the collateral damage from a default of a sizable bond issue in Washington. • • E E] C d u Ln O N O a C H ca a h v C O 0 0 C u1 C7 a° 0 Q 0! 4- L 3 I c _o a� m a) t Y 0 a u 0 Q) O 7 0 E m �o c c c 0 E cq 'O a) E N C m O v m L L 0 c E T m a a 0 m .c 0 a QVi d E O u a1 .n c 0 U cu c C c m 0 d aJ t F- a; O 3 c d bo v O O O CO c a a ami E O O C m V) v L L O O cu ai 'J o m E n zi O (u O u ^j v� L a1 C N t D_ Y 0 Y Y a) @ Y w 'u E c _Y a L n o 0 m cu v c m u c n C — 7 o Q E a 3 N V Q o 7 aj N N a) m _ y C Cl) m Ln LA E b v o 0 c a a 0 v m c m +- Y ° a 3 E o Ln tD = m Q = O. QI Y N O C_ N m C 1+ c CD N d..� N O `'' O '� t ,u• m Y y n. 0 o E o '3 �o T m E 0 -0 a, 0 u a o �o o > u :c v U aw m C �'' a) O Y 2 to C O 3 V V m Y m N m = L H O u N d)� CU Ln 0 In y O v N 0bo tcp M ° u -o m -0 o a c c CD v Y Q •E c E o ai o m a� a, L w u O L 'E N y O In �• 0 ri Is- «° a cu Y Li Vf 'N CU i C Y O o Q' v o m -0 Q O c u Y E — E O O a) aJ O M C L X o O Ln U aJ m mIn Y C .m. t, u O a; cu 5 E > m vi m m Qj C m C " `n E O a = C O 0 .O O in m L 'L" N -0 O- '0 a o Y Y T E H y Q c m mo. r1 N ni 1-4 to C O E m c 0 'C QJ L UN G 0 d 3 O c 7 O E m C c m a C O E O w C _ 0 E m E O N U C'D E v y L u O O m Q1 L 7 m c c c aJ C � L c � m °1 ` t cu Y a O 0 L LL LL C � O U, ci O ci O- ai O a O c C O O 4 h � c � 0 a o 0 c L C a) � L a C � O L V Y � a 0 o E N y � L N +� C O w r0 0 v c cu rco Vf 'O _ O to 3 C QJ a cu c cu �n = a+ j r" v c u y p m LL N a o d N L C O m CU a Y Qj c v o cu}, C v re a) o a �_ O -00 h CU a d cu F+ a, aci i � a, r Y U aj m C E a, o Ln E E c v > o C � N to 14 N a; ar L m C a� .n m a a a, 0 al m v L_ E O 1.` c m O m a) d 3 0 ! State Treasurer Requests Legislation to Prevent a Local Government Default Local Government Sales and Use Taxes Provide Bridge Loan No State funds Involved Olympia -- State Treasurer James McIntire today urged lawmakers convening for the upcoming special session to immediately pass new Legislation to prevent the imminent default on bonds sold to build an events center in Wenatchee. "A default of this nature would be costly and far-reaching for taxpayers around the state who have had nothing at all to do with this facilitp or its financing," McIntire said.. "Unfortunately, this situation now calls for state intervention to protect other local governments and their Taxpayers from across the state." The $42 million bond anticipation notes taken out by the Greater Wenatchee Events Center Public Facility District come due December 1, 2011 but the PFD does not currently have the revenue to repay this debt on its own. The proposed legislation would pay off the bonds with a bridge loan from the local sales and use tax account. The bridge loan would be repaid with interest over ten years by the PFD and local governments that make up the district. This loan uses only local funds. It would not make the general fund deficit worse, nor would it compete with the state operating, capital or transportation budgets. "We have met with, advised and facilitated meetings among local parties in an effort to help them • find a way to deal with this problem locolly. However, the PFD and its local governments have run out of both the time and options to solve this problem themselves," McIntire said. "Now, we must propose legislation that requires those who took on these obligations to repay their debt while also protecting all other local entities." A default on this event center's bonds would have a significant impact on the borrowing costs of other public facility districts, cities, and counties in this state. Bond investors can choose among thousands of issuers throughout the country. Investors generally seek large interest rate concessions from borrowers who are perceived to pose a higher risk of default — or they avoid them altogether. A default like this in Washington would cast a long shadow over outstanding and future financings that are in no way related to the PFD bonds simply because of geographic proximity. 'This solution protects taxpayers in communities across the state,' McIntire said. "Now that all other options for dealing with this problem at the local level have been exhausted we need action at the state level — but to be clear, this is a remedy that no jurisdiction would wish on itself.' While the state has no legal obligation to prevent this default, action by the Legislature will protect the borrowing ability, finances, and good standing of all the state's local governments. Again, because it's a bridge loan from the local sales and use tax account, it requires no state funds, it does not make the general fund deficit worse. nor does it compete with the state operating, capital or transportation budgets because the loan comes from local funds. This bill does not relieve the PFD, the City of Wenatchee, or any other jurisdictions of responsibility to repay their debts because it allows the state to withhold the local tax disbursements to repay the bridge loan. • The proposed legislation would: • Use local funds, not state funds. It allows the Treasurer to pay the principal owed to bond holders on Dec 1, 2011 with $42 million from the local sales and use tax account collected by the state for local governments without changing the amount or timing of local sales tax disbursements. • Not make the general fund deficit worse, nor does it compete with the state operating, capital or transportation budgets because the loan comes from local funds. • Create a loan to the PFD to be repaid over no more than 10 years. • Set an interest rate beginning Jan 1, 2012 at a "20-bond bond buyer rate" plus one percentage point. • Give the PFD and its jurisdiction(s) authority to raise revenue to support repayment with up to a 0.2 percent sales tax increase from either a popular vote or by councilmatic action. • Allow the PFD or its jurisdiction(s) to seek longer term private bond financing at a lower interest rate to repay the local sales and use tax account early. • 0 0 BILL REQUEST - CODE REVISER'S OFFICE BILL REQ. #: Z-0734.2/12 2nd draft ATTY/TYPIST: JA:seg BRIEF DESCRIPTION: Creating a plan of finance to prevent the default of bonds issued by distressed public facilities districts. • 1 AN ACT Relating to a plan of finance to prevent the default of 2 bonds issued by distressed public facilities districts; amending RCW . 3 82.14.390, 82.14.050, and 43.79A.040; adding new sections to chapter 4 35.57 RCW; adding new sections to chapter 82.14 RCW; creating new 5 sections; and declaring an emergency. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 NEW SECTION. Sec. 1. Findings. The legislature finds that 8 preventing a default on debt issued by public facilities districts. is 9 in the best interest of the state, its municipalities, and its citizens 10 as a whole. The legislature further finds that it is an important 11 state purpose to provide sufficient tools to assist public facilities 12 districts when the threat of default is imminent. Therefore, the 13 legislature finds it is necessary to act swiftly to provide the tools 14 necessary to prevent a default on debt issued by public facilities 15 districts prior to the next regularly scheduled legislative session. 16 NEW SECTION. Sec. 2. A new section is added to chapter 35.57 RCW 17 to read as follows: • 18 When a public facilities district qualifies as a distressed public Code Rev/JA:seg 1 Z-0734.2/12 2nd draft 1 facilities district, the provisions of sections 1 through 10 of this 2 act supersede any agreements or any terms of any agreements between or • 3 among the jurisdictions forming the public facilities district to the 4 extent agreements or any terms thereof are inconsistent with sections 5 1 through 10 of this act. 6 NEW SECTION. Sec. 3. A new section is added to chapter 35.57 RCW 7 to read as follows: 8 The definitions in this section apply throughout this section and 9 sections 1, 2, and 4 through 10 of this act unless the context clearly 10 requires otherwise. 11 (1) "Anchor jurisdiction" means the city that has entered into an 12 agreement to form a public facilities district that constitutes a 13 distressed public facilities district under this chapter and in which 14 the largest asset of the distressed public facilities district is 15 located. 16 (2) "Distressed public facilities district" means a public 17 facilities district that is at imminent risk of default due to an 18 inability to pay indebtedness on or before December 31, 2011, as �19 determined by the state treasurer. 20 (3) "Indebtedness" means bonds, notes, or other evidences of 21. indebtedness together with interest. 22 (4) "Identified obligation" means an indebtedness of a distressed 23 public facilities district which, without intervention, is at imminent 24 risk of default according to its terms. Notwithstanding any form of .25 refinancing of the identified obligation, including but not limited to 26 a loan administered by the state and any subsequent refinancing of that 27 loan in whole or in part, such an obligation will remain the 28 "identified obligation" until the original amount of the obligation, 29 plus accrued interest, is paid in full. 30 (5) "Loan" or "loan administered by the state" means any 31 expenditure made out of the distressed public facilities district 32 obligation account pursuant to section 4 of this act. 33 (6) "Related jurisdiction" means a city or county that has entered 34 into an agreement to form a public facilities district that is 35 determined to be a distressed public facilities district .under this 36 chapter. Code Rev/JA:seg 2 Z-0734.2/12 2nd draft I NEW SECTION. .Sec. 4. A new section is added to chapter 35.57 RCW 2 to read as follows: • 3 (1) The distressed public facilities district obligation account is 4 created in the custody of the state treasurer. Expenditures from the 5 account may be used only for loans to distressed public facilities 6 districts made in accordance with the terms set forth in this section. 7 Only the state treasurer may authorize expenditures from this account. 8 (2) The state treasurer is authorized to make a loan from the 9 distressed public facilities district obligation account to pay the 10 identified obligation of any distressed public facilities district with 11 funds transferred pursuant to section 5 of this act. 12 (3) Any funds applied to the repayment of the loan must be 13 deposited into the distressed public facilities district obligation 14 account. After any expenditures from the account are made as directed 15 in subsection (2) of this section, the state treasurer periodically 16 must transfer the balance in the distressed public facilities district 17 obligation account to the local sales and use tax account, which must 18 include interest accruing on the loan as well as any interest earnings 19 attributable to the distressed public facilities district obligation 20 account. 021 (4) When the state. makes a loan to pay an identified obligation, 22 the state treasurer must collect from the distressed public facilities 23 district, the anchor jurisdiction, and related jurisdictions an amount 24 equal to the total amount of the identified obligation including 25 accrued interest. The conditions of the loan and its repayment are as 26 follows: 27 (a) The term of the loan is eleven years subject to prepayment in 28 whole or in part; 29 (b) Interest accrues monthly at a variable rate equal to the twenty 30 bond general obligation bond buyer index plus one percentage point and 31 begins accruing on January 1, 2012; and 32 (c) The taxes identified in subsection (5) of this section, and in 33 the order specified therein, must be diverted from the local sales and 34 use tax account to the distressed public facilities district obligation 35 account for repayment of the loan, in amounts sufficient to make equal 36 monthly payments of principal plus interest over the remaining term. 37 If a lump sum payment is received on a portion of the loan,- the 38 principal amount on the outstanding loan must be reduced by the lump Code Rev/JA:seg 3 Z-0734.2/12 2nd draft 1 sum payment and monthly payments must be recalculated accordingly. In 2 no event may the requirement to make monthly payments be eliminated in • 3 any month. 4 (5) The state treasurer must divert taxes collected by the 5 distressed public facilities district, anchor jurisdiction, and related 6 jurisdictions each month for deposit into the distressed public 7 facilities district obligation account in the following priority order 8 until each respective monthly obligation is met: 9 (a) If the distressed public facilities district imposes the 10 maximum tax allowed under section 6 of this act: 11 (i) First, all taxes collected by or on behalf of the distressed 12 public facilities district pursuant to RCW 82.14.390 beginning January 13 1, 2013; 14 (ii) Second, all taxes collected by or on behalf of the distressed 15 public facilities district pursuant to section 6 of this act beginning 16 on the first day such taxes would otherwise be disbursed to the 17 distressed public facilities district; 18 (iii) Third, all taxes collected by or on behalf of the anchor 19 jurisdiction under section 7 of this act beginning on the first day r7 L-A 20 such taxes would otherwise be disbursed to the anchor jurisdiction; 21 (iv) Fourth, all taxes collected by'or on behalf of any related 22 jurisdiction under section 7 of this act beginning on the first day 23 such taxes would otherwise be disbursed to the related jurisdiction; 24 and 25 (v) Fifth, taxes collected by or on behalf of the anchor 26 jurisdiction under RCW 82.14.030 beginning January 1, 2013, to the 27 extent monthly payment obligations cannot be met with revenues 28 collected from (a)(i) through (iv) of this subsection (5). 29 (b) If the distressed public facilities district does not impose 30 the maximum amount of the tax provided for in section 6 of this act: 31 (i) First, all taxes collected by or on behalf of the distressed 32 public facilities district pursuant to RCW 82.14.390 beginning January 33 1, 2013; 34 (ii) Second, all taxes collected by or on behalf of the distressed 35 public facilities district pursuant to section 6 of this act beginning 36 on the first day such taxes would otherwise be disbursed to the 37 distressed public facilities district; Code Rev/JA:seg 4 Z-0734.2/12 2nd draft 1 (iii) Third, taxes collected by or on behalf of a related 2 jurisdiction or anchor jurisdiction pursuant to section 7 of this act • 3 beginning on the first day such taxes would otherwise be disbursed to 4 the jurisdiction. The amount so collected by or on behalf of a 5 jurisdiction in a given month must be credited against the amount owed 6 in that month by such jurisdiction under (b)(iv) of this subsection 7 (5). Any excess collected must also be applied to repayment of the 8 loan; 9 (iv) Fourth, taxes collected by or on behalf of the anchor 10 jurisdiction and related jurisdictions pursuant to. RCW 82.14.030 in an 11 aggregate amount which, when combined with any taxes collected under 12 section 6 of this act,.will equal fifty percent of the monthly payment 13 due on the loan. Such aggregate amount must be collected from the 14 anchor jurisdiction and related jurisdictions on a pro rata basis based 15 on the percentage of local sales tax collected by each jurisdiction in 16 the preceding calendar year, or based on an allocation among the 17 jurisdictions specified in an agreement adopted by all of the related 18 jurisdictions. if a lump sum payment is received on a portion of the 19 loan, the principal amount on the outstanding loan must be reduced by &20 the lump sum payment and monthly payments must be recalculated 21 accordingly; and 22 (v) Fifth, taxes collected by or on behalf of the anchor 23 jurisdiction pursuant to RCW 82.14.030 and any other legally available 24 revenue of the anchor jurisdiction to the extent monthly payment 25 obligations cannot be met with revenues collected from (b)(i) through 26 (iv) of this subsection (5). 27 (6) Diversion of taxes under subsection (5) of this section 28 terminates once the loan and any accumulated interest have been paid in 29 full. Any excess remaining in the distressed public facilities 30 district obligation account must be transferred to the distressed 31 public facilities district. 32 (7) Any taxes collected pursuant to RCW 82.14.390 or section 6 or 33 7 of this act may be pledged by the distressed public facilities 34 district, anchor jurisdiction, or related jurisdiction respectively, to 35 bonds issued to retire the loan or any portion of the loan administered 36 by the state. So long .as any portion of the loan to the state is 37 outstanding, taxes may be pledged accordingly: Code Rev/JA:seg 5 Z-0734.2/12 2nd draft 1 (a) If a distressed public facilities district issues bonds to 2 repay a portion of the loan, taxes authorized to be levied by such • 3 district under RCW 82.14.390 and section 6 of this act may be pledged 4 by such district to the repayment of the indebtedness provided that 5 amounts collected but not required for the next scheduled principal and 6 interest payment must remain available to the state for repayment of 7 the loan; 8 (b) If an anchor jurisdiction issues bonds to repay a portion of 9 the loan, taxes authorized under section 7 of this act and imposed by 10 the anchor jurisdiction may be pledged by the anchor jurisdiction to 11 the repayment of the indebtedness provided that amounts collected but 12 not required for the next scheduled principal and interest payment must 13 remain available to the state for repayment of the loan; and 14 (c) If a related jurisdiction issues bonds to repay a portion of 15 the loan, taxes authorized under section 7 of this act and imposed by 16 that related jurisdiction may be pledged to the repayment of such 17 indebtedness. However, amounts collected but not required for the next 18 scheduled principal and interest payment must remain available to the 19 state for repayment of the loan. • 20 NEW SECTION. Sec. 5. on the effective date of this section, the 21 state treasurer must transfer into the distressed public facilities 22 district obligation account from the local sales and use tax account 23 the sum of forty-two million dollars. 24 NEW SECTION. Sec. 6. A new section is added to chapter 82.14 RCW 25 to read as follows: 26 (1) Notwithstanding anything to the contrary in law or by agreement 27 among the cities or counties forming a public facilities district under 28 chapter 35.57 RCW, the governing body of a public facilities district 29 that qualifies as a distressed public facilities district, as defined 30 in section 3 of this act, may, by majority vote, impose a sales and use 31 tax as described in this section. Alternatively, the governing body 32 may submit an authorizing proposition to the voters of the district, 33 and if the proposition is approved by a majority of the persons voting, 34 impose such a sales and use tax. The tax is in addition to other taxes 35 authorized by law and is collected from those persons who are taxable 36 by the state under chapters 82.08 and 82.12 RCW upon the occurrence of Code Rev/JA:seg 6 Z-0734.2/12 2nd draft 1 any taxable event within the taxing jurisdiction. The rate of tax may 2 not exceed two -tenths of one percent of the selling price, in the case • 3 of a sales tax, or value of the article used, in the case of a use tax. 4 (2) The governing body of a distressed public facilities district 5 must provide in its resolution authorizing such a tax: 6 (a) The maximum amount of the identified obligation, as defined in 7 section 3 of this act, to be paid with the proceeds of the tax and the 8 maximum term or terms of its repayment; 9 (b) The amount of revenue currently collected by the distressed 10 public facilities district; and 11 (c) The maximum amount of tax revenue needed to pay the identified 12 obligation. 13 (3) Once imposed, this tax remains in effect so long as any portion 14 of the identified obligation is outstanding. 15 (4) A distressed public facilities district may not impose the tax 16 authorized in this section after December 31st of the year in which the 17 identified obligation has been paid or legally defeased. 18 NEW SECTION. Sec. 7. A new section is added to chapter 82.14 RCW 19 to read as follows: 20 (1) The legislative authority of either an anchor jurisdiction or 21 a related jurisdiction of a distressed public facilities district as 22 defined in section 3 of this act, may, by majority vote, impose a sales 23 and use tax in accordance with the requirements of this section. 24 Alternatively, the legislative authority may submit an authorizing 25 proposition to the voters, and if the proposition is approved by a 26 majority of the persons voting, impose such a sales and use tax. The 27 tax is in addition to other.taxes authorized by law and is collected 28 from those persons who are taxable by the state under chapters 82.08 29 and 82.12 RCW upon the occurrence of any taxable event within the 30 taxing jurisdiction. The rate of tax may not exceed two -tenths of one 31 percent of the selling price, in the case of a sales tax, or value of 32 the article used, in the case of a use tax. 33 (2) Any tax imposed .under this section must be directed in the 34 following priority order: 35 (a) First, to make debt .service payments or other repayments on 36 debt issued to which the taxes are pledged by the anchor jurisdiction 1037 or related jurisdiction as defined in section 3 of this act; Code Rev/JA:seg 7 Z-0734.2/12 2nd draft 1 (b) Second, to repay the loan administered by the state to the 2 distressed public facilities district as defined in section 3 of this • 3 act, according to its terms; and 4 (c) Third, to make payments to the distressed public facilities 5 district to increase revenues available to it for capital- improvements,. 6 operations, or to build reserves. 7 (3) Neither an anchor jurisdiction nor a related jurisdiction may 8 impose the tax authorized in this section after December 31st of the 9 year in which the identified obligation has been paid or legally 10 defeased. 11 Sec. 8. RCW 82.14.390 and 2011 1st sp.s. c 50 s 973 are each 12 amended to read as follows: 13 (1) Except as provided in subsection (7) of this section, the_ 14 governing body of a public facilities district (a) created before July 15 31, 2002, under chapter 35.57 or.36.100 RCW that commences construction 16 of a new regional center,- or improvement or rehabilitation of an 17 existing new regional center, before January 1, 2004; (b) created 1s before July 1, 2006, under chapter 35.57 RCW in a county or counties in 19 which there are no other public facilities districts on June 7, 2006,. �20 and.in which the total population in the public facilities district is 21 greater than ninety thousand that commences construction of a new 22- regional center before February 1, 2007; (c) created under the 23 authority of RCW 35.57. 010 (1) (d) ; or. (d) created before September 1, 24 2007, under chapter 35.57 or 36.100 RCW, in a.county or counties in 25 which there are no other public facilities districts on July 22, 2007, 26 and in which the total population in the public facilities district is 27 greater than seventy thousand, that commences construction of a new 28 regional center before January 1, 2009, or before January 1, 2011, in 29 the case of a new regional center in a county designated by the 30 president as a disaster area in December 2007, may impose a sales and 31 use -tax in accordance with the terms of this chapter. The tax is in 32 addition to other taxes authorized by law and must be collected from. 33 those persons who are taxable by the state under chapters 82.08 and 34 82.12 RCW upon the occurrence of any taxable event within the public 35 facilities district. The rate of tax may not exceed 0.033 percent of 36 the selling price in the case of a sales tax or value of the article 37 used in the case of a use tax. Code Rev/JA:seg 8 Z-0734.2/12 2nd draft 1 (2)(a) The governing body of a public facilities district imposing 2 a sales and use tax under the authority ,of this section may increase • 3 the rate of tax up to 0.037 percent if, within three fiscal years of 4 July 1, 2008, the department determines that, as a result of RCW 5 82.14.490 and the chapter 6, Laws of 2007 amendments to RCW 82.14.020, 6 a public facilities district's sales and use tax collections for fiscal 7 years after July 1, 2008, have been reduced by a net loss of at least 8 0.50 percent from the fiscal year before July 1, 2008. The fiscal year 9 in which this section becomes effective is the first fiscal year after 10 July 1, 2008. 11 (b) The department must determine sales and use tax collection net 12 losses under this section as provided in RCW 82.14.500 (2) and (3). 13 The department must provide written notice of its determinations to 14 public facilities districts. Determinations by the department of a 15 public facilities district's sales and use tax collection net losses as 16 a result of RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to 17 RCW 82.14.020 are final and not appealable. 18 (c) A public facilities district may increase its rate of tax after 19 it has received written notice from the department as provided in (b) �20 of this subsection. The increase in the rate of tax must be made in 21 0.001 percent increments and must be the least amount necessary to 22 mitigate the net loss in sales and use tax collections as a result of 23 RCW 82.14.490 and the chapter 6, Laws of 2007 amendments to RCW 24 82.14.020. The increase in the rate of tax is subject to RCW 25 82.14.055. 26 (3) The tax imposed under subsection (1) of this section must be 27 deducted from the amount of tax otherwise required to be collected or 28 paid over to the department of revenue under chapter 82.08 or 82.12 29 RCW. The department of revenue must perform the collection of such 30 taxes on behalf of the county at no cost to the public facilities 31 district. During the 2011-2013 fiscal biennium, distributions by the 32 state to a public facilities district based on the additional rate 33 authorized in subsection (2) of this section must be reduced by 3.4 34 percent. 35 (4)(a) No tax may be collected under this section before August 1, 36 2000. Subject to (b) of this subsection, the tax imposed in this 37 section expires when: Code Rev/JA:seg 9 Z-0734.2/12 2nd draft 1 i The bonds issued for the construction of the regional center .2 and related parking facilities are retired(k but)) ; or 3 (ii) The identified obligation of a distressed public facilities 4 district has been paid. For the purposes Iof this subsection, 5 "identified obligation" and "distressed public facilities district" 6 have the same meanings as provided in section 3 of this act. 7 (b) The tax imposed in this section must expire not more than 8 twenty-five years after the tax is first collected. 9 (5) Moneys collected under this section may only be used for the 10 purposes set forth in RCW 35.57.020 and, sections 2 and 4 of this act 11 and must be matched with an amount from other public or private sources 12 equal to thirty-three percent of the amount collected under -this 13 section; however, amounts generated from nonvoter approved taxes 14 authorized under chapter 35.57 RCW or nonvoter approved taxes 15 authorized under chapter 36.100 RCW do not constitute a public or 16 private source. For the purpose of this section, public or private 17 sources includes, but is not limited to cash or in -kind contributions 18 used in all phases of the development or improvement of the regional 19 center, land that is donated and used for the siting of the regional �20 center, cash or in -kind contributions from public or private 21 foundations, or amounts attributed to private sector partners as part 22 of a public and private partnership agreement negotiated by the public 23 facilities district. 24 (6) The combined total tax levied under this section may not be 25 greater than 0.037 percent. If both a public facilities district 26 created under chapter 35.57 RCW and a public facilities district 27 created under chapter 36.100 RCW impose a tax under this section, the 28 tax imposed by a public facilities district created under chapter 35.57 29 RCW must be credited against the tax imposed by a public facilities 30 district created under chapter 36.100 RCW. 31 (7) A public facilities district created under chapter 36.100 RCW 32 is not eligible to impose the tax under this section if the legislative 33 authority of the county where the public facilities district is located 34 has imposed a sales and use tax under RCW 82.14.0485 or 82.14.0494. 35 Sec. 9. RCW 82.14.050 and 2009 c 469 s 107 are each amended to 36 read as follows: 37 (1) The counties, cities, and transportation authorities under RCW Code Rev/JA:seg l0 Z-0734.2/12 2nd draft 1 82.14.045, public facilities districts under chapters 36.100 and 35.57 2 RCW, public transportation benefit areas under RCW 82.14.440, regional • 3 transportation investment districts, and transportation benefit 4 districts under chapter 36.73 RCW shall contract, prior to the 5 effective date of a resolution or ordinance imposing a sales and use 6 tax, the administration and collection to the state department of 7 revenue, which shall deduct a percentage amount, as provided by 8 contract, not to exceed two percent of the taxes collected for 9 administration and collection expenses incurred by the department. The 10 remainder of any portion. of any tax authorized by this chapter that is 11 collected by the department of revenue shall be deposited by the state 12 department of revenue in the local sales and use tax account hereby 13 created in the state treasury. Moneys in the local sales and use tax 14 account may be withdrawn only for: 15 (a) Distribution to counties, cities, transportation authorities, 16 public facilities districts, public transportation benefit areas, 17 regional transportation investment districts, and transportation 18 benefit districts imposing a sales and use tax; ((a-nd)) 19 (b) Making refunds of taxes imposed under the authority of this 20 chapter and RCW 81.104.170 and exempted under RCW 82.08.962 and �21 82.12.962; and 22 (c) Transfers to the distressed public facilities district 23 obligation account as provided in section 5 of this act. 24 (2) All administrative provisions in chapters 82.03, 82.08, 82.12, 25 and 82.32 RCW, as they now exist or may hereafter be amended, shall, 26 insofar as they are applicable to state sales and use taxes, be 27 applicable to taxes imposed pursuant to this chapter. 28 (3) Counties, cities, transportation authorities, public facilities 29 districts, and regional transportation investment districts may not 30 conduct independent sales or use tax audits of sellers registered under 31 the streamlined sales tax agreement. 32 (4) Except as provided in RCW 43.08.190, all earnings of 33 investments of balances in the local sales and use tax account shall be 34 credited to the local sales and use tax account and distributed to the 35 counties, cities, transportation authorities, public facilities 36 districts, public transportation benefit areas, regional transportation 37 investment districts, and transportation benefit districts monthly. Code Rev/JA:seg 11 Z-0734.2/12 2nd draft 1 sec. 10. RCW 43.79A-040 and 2011 1st sp.s. c 37 s 603 are each 2 amended to read as follows: 3 (1) Money in the treasurer's trust fund may be deposited, invested, 4 and reinvested by the state treasurer in accordance with RCW 43.84.080 5 in the same manner and to the same extent as if the money were in the 6 state treasury, and may be commingled with moneys in the state treasury 7 for cash management and cash balance purposes. 8 (2) All income received from investment of.the treasurer's trust 9 fund must be set aside in an account in the treasury trust fund to be 10 known as the investment income account. 11 (3) The investment income account may be utilized for the payment 12 of purchased banking services on behalf of treasurer's trust funds 13 including, but not limited to, depository, safekeeping, and 14 disbursement functions for the state treasurer or affected state 15 agencies. The investment income account is subject in all respects to 16 chapter 43.88 RCW, but no appropriation is required for payments to 17 financial institutions. Payments must occur prior to distribution of 18 earnings set forth in subsection (4) of this section. 19 (4)(a) Monthly, the state treasurer must distribute the earnings �20 credited to the investment income account to the state general fund 21 except under (b), (c), and (d) of this subsection.- 22 (b) The following accounts and funds must receive their 23 proportionate share of earnings based upon each account's or fund's 24 average daily balance for the period: The Washington promise 25 scholarship account, the college savings program account, the 26 Washington advanced college tuition payment program account, the 27 accessible communities account, the community and technical college 28 innovation account, the agricultural local fund, the American Indian 29 scholarship endowment fund, the foster care scholarship endowment fund, 30 the foster care endowed scholarship trust fund, the students with 31 dependents grant account, the basic health plan self-insurance reserve 32 account, the contract harvesting revolving account, the Washington 33 state combined fund drive account, the commemorative works account, the 34 county enhanced 911 excise tax account, the Washington international 35 exchange scholarship endowment fund, the toll collection account, the 36 developmental disabilities endowment trust fund, the distressed public 37 facilities district obligation account, the energy account, the fair 38 fund, the family leave insurance account, the food animal veterinarian Code Rev/JA:seg 12 Z-0734.2/12 2nd draft 1 conditional scholarship account, the fruit and vegetable inspection 2 account, the future teachers conditional scholarship account, the game • 3 farm alternative account, the GET ready for math and science 4 scholarship account, the Washington global, health technologies and 5 product development account, the grain inspection revolving fund, the 6 industrial insurance rainy day fund, the juvenile accountability 7 incentive account, the law enforcement officers' and firefighters' plan 8 2 expense fund, the local tourism promotion account, the pilotage 9 account, the produce railcar pool account, the regional transportation 10 investment district account, the rural rehabilitation account, the 11 stadium and exhibition center account, the youth athletic facility 12 account, the self-insurance revolving fund, the sulfur dioxide 13 abatement account, the children's trust fund, the Washington horse 14 racing commission Washington bred owners' bonus fund and breeder awards 15 account, the Washington horse racing commission class C purse fund 16 account, the individual development account program account, the 17 Washington horse racing commission operating account (earnings from the 18 Washington horse racing commission operating account must be credited 19 to the Washington horse racing commission class C purse fund account), �20 the life sciences discovery fund, the Washington state heritage center 21 account, the reduced cigarette ignition propensity account, and the 22 reading achievement account. 23 (c) The following accounts and funds must receive eighty percent of 24 their proportionate share of earnings based upon each account's or 25 fund's average daily balance for the period: The advanced right-of-way 26 revolving fund, the advanced environmental mitigation revolving 27 account, the federal narcotics asset forfeitures account, the high 28 occupancy vehicle account, the local rail service assistance account, 29 and the miscellaneous transportation programs account. 30 (d) Any state agency that has independent authority over accounts 31 or funds not statutorily required to be held in the custody of the 32 state treasurer that deposits, funds into a fund or account in the 33 custody of the state treasurer pursuant to an agreement with the office 34 of the state treasurer shall receive its proportionate share of 35 earnings based upon each account's or fund's average daily balance for 36 the period. 37 (5) In conformance with Article II, section 37 of the state Code Rev/JA:seg 13 Z-0734.2/12 2nd draft 1 Constitution, no trust accounts or funds shall be allocated earnings 2 without the specific affirmative directive of this section. 3 NEW SECTION. Sec. 11. If any provision of this act or its 4 application to any person or circumstance is held invalid, the 5 remainder of the act or the application of the provision to other 6 persons or circumstances is not affected. 7 NEW SECTION. Sec. 12. This act is necessary for the. immediate 8 preservation of the public peace, health, or safety, or support of the 9 state government and its existing public institutions, and takes effect 10 immediately,. --- END --- Code Rev/JA:seg 14 Z-0734.2/12 2nd draft CITY OF EAST WENATCHEE NOV 15 2011 10UNITED STATES - POSTAL SERVICE November 15, 2011 City of East Wenatchee City Council Members 271 9th Street NE East Wenatchee, WA 98802 Dear City Council Members: On September 15, we notified you that we were beginning an Area Mail Processing (AMP) feasibility study at the Wenatchee WA Customer Service Mail Processing Center. The Seattle District office has completed its review and submitted it to the Western Area Office for consideration. We welcome public input and will hold a meeting to explain the proposal on December 1st at 6:00 p.m., at the Red Lion Hotel, 1225 North Wenatchee Avenue, Wenatchee WA 98801. One week prior to the meeting, we will post presentation materials along with the summary brief on our website, http://about.usps.com/streamlining-operations/area-mail- processinq. htm. • We also will accept any public comment on the study up to 15 days after the meeting. Comments may be mailed to: Manager, Consumer and Industry Contact Seattle District PO Box 90306 Seattle WA 98109-9631 If you have any questions concerning this AMP proposal, please contact Consumer and Industry Contact Manager Sina Taihia-Siva at 206-378-2600. Sincerely, annelle M Kraude Postmaster n LJ Nov•15.2011 09:00 AM USPS - Seattle, WA 206-442-6259 212 • 0 AREA MAIL PROCESSING (AMP) FEASIBILITY STUDY Wenatchee®, WA, CSMPC to Spokane, WA, P&DC November 16, 2011 An Area Mail Processing (AMP) study was Initiated to evaluate moving the mail processing operations from the Wenatchee, WA, Customer Service Mail Processing Center (CSMPC) to the Spokane, WA, Processing and Distribution Center (P&DC), The initial results of the study support the business case for consolidation, This study, currently in review at United States Postal Service Headquarters and its Area Office is subject to change. A public meeting will be held to share the Initial results of the study and allow members of the community to ask questions and provide feedback. The public's Input will be considered prior to a flnel decision. The meeting will be held on Thursday, December 1, at 6 p.m., at the Red Lion Hotel, 1225 N Wenatchee Avenue, in Wenatchee, Below are preliminary highlights from the study: Business Case: Proposed annual savings In the draft AMP feasibility study are approximately $1,395,039, Below is a breakdown of this savings estimate: Annual Mail Processing Savings $866,620 Annual Management Savings $296,991 Annual Maintenance Savings $309,021 Annual Transportation Cost $77,600 Postal Employees: Due to the consolidation, a net decrease of approximately 20 positions is projected. All bargaining employee reassignments will be made in accordance with the respective collective bargaining agreements. Net Craft Employee Impact 171` Net Supervisory/Management Employee Impact 3 Local Customer Considerations: • Retail and other services currently available at the Wenatchee faculty will not change at this time. • Business mail acceptance will remain the same. • Local collection box pick-up times may change as a result of the AMP. • A local postmark will be available for stamped First -Class Mall. • Delivery times of mail to residences and businesses will not change as a result of the AMP. • The proposed consolidation would support a 2- to 3-dey service standard for First -Class Mail. Commercial Mailers: • Mailers who presort mall will continue to receive appropriate postage discounts. • Mailers who drop ship to Destlnaticn Sectional Center Facility (DSCF) for ZIP(s) 988 can expect changes if the AMP is approved. Written comments may be sent to: Manager, Consumer and Industry Contact Seattle District PO Box 90306 Seattle WA 98109-9031 All comments must be postmarked by December 16, 2011