HomeMy WebLinkAbout11/10/2015 - City Council - City Council Meeting Agenda Packetc
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATION
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•
CITY OF EAST WENATCHEE
REGULAR COUNCIL MEETING AGENDA
NOVEMBER 10, 2015
6:30 P.M.
Greg Pezoldt, Public Works Director, and representatives from Washington State Department Of
Transportation and the Chelan -Douglas Transportation — 9th Street NENalley Mall Parkway
Intersection.
PUBLIC COMMENTS
BUDGET ISSUES
MAYOR'S REPORT
DEPARTMENT REPORT(S)
Greg Pezoldt, Public Works Director — November 2015 Construction Projects
CONSENT CALENDAR
1. Consideration of Minutes — Regular Session, October 27, 2015
2. Consideration of Payables and Payroll
ACTION ITEM(S)
3. 15-11-01 Recommendation authorizing the Mayor to sign a pager Contract with American
Messaging. (Greg Pezoldt, Public Works Director)
ORDINANCES)
4. 15-10-09 (13) An ordinance of the City of East Wenatchee authorizing the regular property tax
levy to be collected in 2016, an increase of .251 percent in the regular tax levy, 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. (Nick Gerde, Finance Director)
Continued on next page...........
In compliance with the ,4mericans with Disabilities ,4ct, ifyou need special assistance to participate in this meeting, please
contact the City Clerk at 509-884-9515 Nolif:cation of 3 working days prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting.
Page 1 of 2
• RESOLUTION(S)
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5. 15-11-02 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
sign an Interlocal Agreement between the City of East Wenatchee, the City of
Wenatchee, Douglas County, and Chelan County for the purpose of authorizing
Wenatchee to act as lead entity in administration and use of homeless housing and
support funds collected locally and those provided through or by the Washington
State Department of commerce, repealing an Interlocal Agreement executed on
September 27, 2011 with the adoption of Resolution 2011-15. (Lori Barnett,
Community Development Director)
6. 15-11-03 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
sign an Interlocal Agreement for Driver Record Monitoring Services with the
Washington State Transit Insurance Pool (WSTIP). (Nick Gerde, Finance Director)
COUNCIL REPORTS
EXECUTIVE SESSIONS)
2 Executive Sessions regarding Potential Litigation
ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the City Clerk at 509-884-9515 Notification of 3 working days prior to the meeting will enable the Cin, to make
reasonable arrangements to ensure accessibilihy to this meeting.
Page 2 of 2
CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 27, 2015
• REGULAR SESSION OF THE CITY COUNCIL CONVENED
MAYOR STEVEN C. LACY, PRESIDING
OCTOBER 27, 2015
6:30 P.M.
ROLL CALL
Mayor Steven C. Lacy
Councilmember Tim Detering
Councilmember George Buckner
Councilmember Chuck Johnson
Councilmember Frank Collings
Councilmember Harry Raab
Councilmember Sandra McCourt
Councilmember Wayne Barnhart
EMPLOYEES IN ATTENDANCE
Community Development Director Lori Barnett
City Attorney Devin Poulson
City Clerk Dana Barnard
Finance Director Nick Gerde
Public Works Director/City Engineer Greg Pezoldt
Accounting Assistant/Executive Secretary Teresa Allen
Police Chief Randy Harrison
• Assistant Police Chief Dan Reierson
Police Sergeant Ray Coble
Clerical Assistant Shawn Murison
APPRECIATION AWARD(S)
Mayor Lacy presented a Certificate of Recognition to Assistant Police Chief Dan Reierson for completing
twenty-five years of dedicated public service to the City of East Wenatchee.
DEPARTMENT REPORT(S)
Nick Gerde, Finance Director — Financial Report for the month of September 2015
Finance Director Nick Gerde distributed and reviewed the Financial Report for September 2015, which
included a brief narrative of Financial results for the nine months of 2015, Financial Schedules of
Revenue, Expense, and changes in Fund balances for the month and nine months ending September 2015,
a monthly Revenue report for September 2015, and a monthly Expenditure Report for September 2015.
BUDGET ISSUES
Nick Gerde, Finance Director — Budget Committee Meeting Report & 2016 Preliminary Budget
Finance Director Nick Gerde distributed and reviewed the Budget Committee Meeting Minutes from
October 22, 2015, which reviewed Departments/Funds budgets for 2016, 2015 Estimated Actual Results
and 2016 Preliminary Budget summaries, and increasing the Central Services budget.
Finance Director Nick Gerde distributed and reviewed the Preliminary 2016 Annual Financial Budget
Summary, which included 2015 Estimated Results by Fund — Start of 2016, 2016 Preliminary Budget
• by Fund, and 2016 Budget Assumptions and Highlights. He noted that this summary will be
posted on the City Website, and he will make the proposed budget available on the Website in
November.
CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 27, 2015
• 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 Johnson, second by Councilmember Collings,
to approve the Consent Calendar as presented. The motion carried, 7-0.
1. Consideration of Minutes — Regular Session, October 13, 2015
2. Consideration of Payables and Payroll
i. 2015 Pa a� bles — As of this date, October 27, 2015, Council does
approve check numbers 44475 through 44476, and 44495 through
44558 in the total amount of $118,332.93. Payables checks 44444
through 44445 were voided.
PUBLIC HEARING
15-10-08 A public hearing regarding property taxes in the proposed 2016 East Wenatchee Budget.
Presented by: Nick Gerde, Finance Director
Mayor Lacy opened the Public hearing at 6:56 p.m. Hearing no comments, Mayor Lacy
closed the Public Hearing at 6:57 p.m.
ORDINANCES)
• First Reading — Option A, B, C, D, E, and F
15-10-09 (A) An ordinance of the City of East Wenatchee authorizing the regular property
tax levy to be collected in 2016, 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.
15-10-09 (B) An ordinance of the City of East Wenatchee authorizing the regular property
tax levy to be collected in 2016, an increase of .251 percent in the regular tax
levy, 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.
15-10-09 (C) An ordinance of the City of East Wenatchee authorizing the regular property
tax levy to be collected in 2016, an increase of one percent in the regular tax
levy, 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.
15-10-09 (D) An ordinance of the City of East Wenatchee authorizing the highest lawful
property tax levy to be collected in 2016, including previously bonded capacity,
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.
• 15-10-09 (E) An ordinance of the City of East Wenatchee authorizing the highest lawful
property tax levy to be collected in 2016, including previously bonded capacity,
an increase of .251 percent in the highest lawful levy, and authorizing any
CITY OF EAST WENATCHEE COUNCIL MINUTES
OCTOBER 27, 2015
•
•
•
increase which may be allowed in the amount under new construction,
improvements to property and the State assessed property provisions of State
Law.
15-10-09 (l) An ordinance of the City of East Wenatchee authorizing the highest lawful
property tax levy to be collected in 2016, including previously bonded capacity,
an increase of one percent in the highest lawful levy, 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.
Presented by: Nick Gerde, Finance Director
Finance Director Nick Gerde explained each of the Options.
Following discussion Councilmembers selected Option B. Mayor Lacy read the first
reading of Ordinance No. 2015-20.
15-10-10 First reading of an ordinance amending the 2015 City of East Wenatchee Budget.
Presented by: Nick Gerde, Finance Director
Mayor Lacy read the first reading of Ordinance No. 2015-19, followed by discussion.
Mayor Lacy elevated the Ordinance to second reading, without objection.
Council Action: A motion was made by Councilmember Detering, second by
Councilmember McCourt, to approve Ordinance No. 2015-19 amending the 2015 City of
East Wenatchee Budget. The motion carried, 7-0.
ORDINANCE NO.2015-19
An Ordinance of the City of East Wenatchee, Washington, amending Ordinance No.
2014-15 as amended, which set the City of East Wenatchee 2015 Budget.
DISCUSSION ITEM(S)
15-10-11 Security Cameras on City Hall Campus
Presented by: Ray Coble, Police Sergeant
Police Sergeant Ray Coble said the City has had issues with security and theft, misuse of
City resources, unauthorized dumping, vandalism, etc., and said that cameras would be a
deterrent factor and help solve the issues. He said he has spoken to City Attorney Devin
Poulson about it, and they suggested a stationery camera system with 25 high definition,
good resolution, zoom cameras with a 14-30 day holding time for footage. He said they
received a quote from a vendor out of Spokane who provided a security system for the
Eastmont School District. Sergeant Coble said he has gone over the blueprints of the
City campus with Mr. Poulson, and thinks it is important for RiverCom to have access to
the cameras, and suggested key carded locks on doors, and security ID tags for
employees.
CITY OF EAST WENATCHEE COUNCIL MINUTES
OCTOBER 27, 2015
Mayor Lacy noted this was just for discussion, and said, hearing no objections, we could
move forward with the preliminary process.
15-10-12 City Sidewalk Repair Policy.
Presented by: Greg Pezoldt, Public Works Director
Public Works Director Greg Pezoldt recommended considering and determining the
policies of the City of East Wenatchee with regards to the cost responsibilities of
Sidewalk maintenance and repair.
Mayor Lacy directed City Attorney Devin Poulson to prepare a draft Ordinance for
Councils consideration that captures both the City and the owner's views.
ACTION ITEMS)
15-10-13 City Hall Painting Change Order.
Presented by: Greg Pezoldt, Public Works Director
Council Action: A motion was made by Councilmember Johnson, second by
Councilmember Buckner, to authorize the Mayor to sign a change order to the 2015 City
Hall Painting Contract in the amount of $10,603. The motion carried, 7-0.
Public Works Director Greg Pezoldt gave an update on the French Street Project. He said
they are setting the final grade, will pave at the end of this week, and there will be two
lanes, a sidewalk, and parking on one side of the Street.
RESOLUTIONS)
15-10-14 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign a
Washington Public Agency Contract.
Presented by: Devin Poulson, City Attorney
Council Action: A motion was made by Councilmember Detering, second by
Councilmember Johnson, to pass Resolution No. 2015-16 as drafted; and to further
authorize the Mayor to sign the Contract. The motion carried, 7-0.
Resolution No. 2015-16
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
sign a Washington Public Agency Contract.
15-10-15 A Resolution of the City of East Wenatchee, Washington on the subjects of establishing a
Small Public Works Roster Process to award public works contracts, a Consulting
Services Roster for architectural, engineering, and other professional services, and a
Vendor Roster for goods and services not related to public works contracts.
0
Presented by: Devin Poulson, City Attorney
CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 27, 2015
• Council Action: A motion was made by Councilmember Buckner, second by
Councilmember Johnson, to pass Resolution No. 2015-17 as drafted. The motion carried,
7-0.
Resolution No. 2015-17
A Resolution of the City of East Wenatchee, Washington on the subjects of
establishing a Small Public Works Roster Process to award public works contracts,
a Consulting Services Roster for architectural, engineering, and other professional
services, and a Vendor Roster for goods and services not related to public works
contracts.
15-10-16 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign
an Interlocal Agreement between Chelan County, Washington and the City of East
Wenatchee, Washington for the housing of inmates in the Chelan County Regional
Justice Center.
Presented by: Devin Poulson, City Attorney
Council Action: A motion was made by Councilmember Detering, second by
Councilmember McCourt, to pass Resolution No. 2015-18 as drafted, and to further
authorize the Mayor to sign the Agreement. The motion carried, 7-0.
Resolution No. 2015-18
• A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
sign an Interlocal Agreement between Chelan County, Washington and the City of
East Wenatchee, Washington for the housing of inmates in the Chelan County
Regional Justice Center.
COUNCIL REPORT(S)
Mayor Lacy said he will be talking to the current tenant of the Gateway Project property located on 9`h
Street regarding their promise to clean up the area, as they have not done so.
Councilmember Johnson noted that he attended the Economic Development District (EDD) meeting on
October 14, 2015, and said he has the meeting minutes if anyone would like them. He said he also
attended the Association of Washington Cities (AWC) Regional meeting in Chelan, and he gave a brief
review of what was discussed there.
Councilmember Raab noted there will be a Storm Water Utility meeting on November 2, 2015 to discuss
service charges relating to Pangborn Airport and the Port District. He also asked City Attorney Devin
Poulson to give a brief review of the numbers and costs associated with Public Defender for Indigent
Defense services.
City Attorney Devin Poulson stated that the City has paid Public Defenders to represent approximately
410 cases, 550 estimated by the end of the year, which averages $201 per case, but in the next three years
it will average $241 per case.
Councilmember Detering said he attended a Link Transit Board meeting last week, revenues have
• exceeded by 5-6%, ridership has plateaued, and there will be a special meeting next month. He said if
anyone has a desire for any changes to be made they need to determine them before November 17, 2015.
CITY OF EAST WENATCHEE COUNCIL MINUTES OCTOBER 27, 2015
• Councilmember McCourt said she attended the VIP tour and ribbon cutting Ceremony of the Wenatchee
Valley Museum's Wildfires & Us Forest Classroom held on October 12, 2015. She said it was
interesting, bus rides and lunches were donated, and she feels it should be done every year, as it is a great
opportunity for kids to learn about the forest.
ADJOURNMENT
8:05 p.m.
Dana Barnard
City Clerk
0
0
0
0
CITY OF EAST WENATCHEE
CHECK REGISTER
NOVEMBER 10,2015 PAYABLES
44561; 44582-44644
VOIDED CHECKS: NONE
DEPARTMENT/FUND
AMOUNT
General Fund 001
Street Fund 101
Community Dev Grants Funds 102
$86,735.07
$14,925.61
$0.00
Library Fund 112
$253.58
Hotel/Motel Tax Fund 113
$12,500.00
Drug Fund 114
$0.00
Criminal Justice Fund 116
$0.00
Events Board Fund 117
$2,592.78
Bond Redemption Fund 202
$159,107.50
Street Improvements Fund 301
$98.06
Storm Water Improvements Fund 308
$8,286.00
Capital Improvements Fund 314
$0.00
Equipment R&R Fund 501
$2,576.44
Transportation Benefit District 630
$0.00
$287,075.04
------------
-- -------------
Grand Total All Funds
A
{ 4 � Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2015 - November 2015 - November 1st Council Meeting
MINIM
001 Current Expense _ $86,735.07
101 Street Department $14,925.61
112 Library Fund $253.58
113 Stadium Fund $12,500.00
117 East Wenatchee Events Brd Fund $2,592.78
202 ST Imp Bond Redempt Fund #3 $159,107.50
301 Street Improvement Fund $98.06
308 Storm Water Capital Improvements Fund $8,286.00
501 Equipment Rental & Replacement $2,576.44
Count: 9 $287,075.04
•
Printed by EASTWENATCHEEIASchulz on 11/4/2015 11:27:39 AM Page 1 of 1
0 East Wenatchee - Fund Transaction Summary
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Presentation(s)
Greg Pezoldt, Public Works Director, and representatives from the Washington
State Department of Transportation and the Chelan -Douglas Transportation
Council — 9th Street NE?/Valley Mall Parkway intersection.
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0 Date: November 1, 2015
To: Mayor and City Council Members
From: Councilmember Barnhart (1-16
Subject: Permission to be excused from meeting
I would like to be excused from the November 10, 2015 City Council
meeting. I will be out of state and unable to attend.
Thank you.
9
• 2015 Construction Projects
Status Report- November 2015
Valley Mall Parkway Preservation
This project will overlay the existing pavement on Valley Mall Parkway from Grant
Road to 9th St NE. The project will grind the existing pavement to re-establish a
normal crown cross section for the roadway. The project will also rebuild over 30
sidewalk ramps to meet the current ADA standard. The project will have a major
impact on traffic and businesses along Valley Mall Parkway. It is anticipated that
much of the work will occur at night to minimize these impacts, but additional
public feedback is desired to validate that decision. Construction is scheduled for
this summer.
Status: Under Construction
Work on this project began in October with the reconstruction of the sidewalk
ADA ramps. The ramps on both sides of Valley Mall Parkway are completed and
the anticipated winter shutdown has been ordered. Work will re -commence in
the spring with paving completed before Apple Blossom (as stipulated by the
contract).
French Avenue
This project will reconstruct French Avenue from 9th St NE to Standerfer Street.
The project will construct a sidewalk on one side of the street, preserve parking
on one side of the street, install a storm water collection and conveyance system,
rebuild the structure of the roadway and repave. Construction is scheduled for
this summer.
Status: Substantially completed
Work on French avenue is mainly completed with the exception of the installation
of the on street illumination and some minor paint striping. This is scheduled to
be installed in the next week.
•
+� Valley Mall Parkway / 91h St NE Signal
The Valley Mall Parkway and 9th St NE signal was originally intended to install a 4
way signalized intersection. A round -about is also being considered for this
intersection. The four corners of the intersection will also be retrofitted with new
sidewalk ramps that meet the ADA standards. A large part of the design of this
intersection will be to coordinate it with the signal at SR 28 and 9th St NE.
Status: Awaiting Final Improvement Decision
Modeling shows that the 9th / Valley Mall Parkway intersection can function
adequately with either a signal or round -about.
The preferred alternative for the 9th / SR 28 intersection is to construct a round-
about. This is the only way that pedestrian and bicycle traffic can cross SR 28 on
the south side of the intersection without severely affecting the Level of Service
(LOS) of the intersection.
The decision to construct a round -about at VMP will depend on WSDOT
determining that they can fund a round -about at 9th St and SR 28 in a timely
manner.
Baker Avenue
The Baker Avenue project will reconstruct Baker Avenue from 15th St NE to the
city limits approximately at Sand Canyon. The project will construct a sidewalk on
the west side of the street, provide bicycle lanes on both sides of the street,
install a storm water collection and treatment system, provide turning lanes at
19th St NE, improve the stream crossing at Sand Canyon to enhance fish passage,
reconstruct the structural base of the roadway and repave. The project is
scheduled for construction on 2017.
Status: The Request for Consulting Services advertisement is out. Consultant
submittals are due on November 20, 2015.
• Valley Mall Parkway Parking Lot
The VMP Parking Lot LID project will redesign the parking lot with a "Low Impact
Development" storm water collection and treatment system. This will be
accomplished through the use of a "permeable" pavement. The project will also
provide for new landscaping, illumination, an enhanced cross walk across VMP,
improve the Link Bus Stop, provide a public information kiosk, and install a public
car wash facility for civic fund raising activities.
Status: The project is scheduled to be advertised for construction bids on
November 161h with bids opened on December 16, 2015.
Plans are being made to coordinate the new VMP crosswalk construction with the
paving of the VMP Preservation project in the spring of 2016.
2015 Residential Overlay Program
The 2015 Residential Overlay program will repave portions of 9th St NE, N. Iowa,
• and N. Grover Streets.
Status: Bids for 2015 construction were rejected due to bidding
inconsistencies. The project will be rebid later this winter for 2016 construction.
Highline Drive
The Highline Drive Project will reconstruct the roadway from Grant Road to 3rd St
SE. At a minimum, the deteriorated pavement will be repaired depending on the
amount of funding that is available. Other improvements could the completion of
the west -side sidewalks and other elements as funding allows.
Status: The City has secured a federal STP grant through the Chelan Douglas
Transportation Council for $743,900. The city will have to expend $116,100 for
required matching funds. An additional $300,000 is included in the 2016 budget
for the completion of missing sidewalk segments and required Right of Way on
Highline Drive.
•
• Additionally, the City has submitted a grant application to the Transportation
Improvement Board (TIB) for additional funding for this project. If the TIB grant is
accepted, the city will expand the scope of the project to reconstruct the entire
roadway, construct bike lanes, and add street illumination. The city will not have
to contribute any funds to the project if the TIB grant is awarded. The TIB grant
announcement is due on November 20, 2015.
The Request for Consulting Services advertisement is out. Consultant submittals
are due on November 20, 2015.
5th Street NE Sidewalks and Storm Sewer Improvements
The 5th St NE Sidewalk/Storm Sewer project will construct new sidewalks from
Baker Avenue to Eastmont Avenue. The construction of these sidewalks will
necessitate the need for a new storm sewer system as well. CDBG and GEWSWU
funds will be used to fund this project.
Status: The consultant selection process will begin as soon as the CDBG
• program manager approves the City CDBG Action Plan.
Since the City will "borrow ahead" with their CDBG funds, there is some concern
about cash flow since the city would possibly construct the project a year ahead
of possible reimbursement. If cash flow is an issue, the project could be designed
and held "on the shelf" until enough CDBG funds are accumulated to fund the
project without borrowing ahead. The delay would probably only be one year.
9
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
15-11-01
Greg Pezoldt
City Engineer
TITLE: American Messaging Pager Contract
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM #
AGENDA DATE:
DEPARTMENT:
November 10, 2015
Public Works
BACKGROUND /HISTORY:
The City had an agreement for pager services with Telewaves. American Messaging purchased Telewaves
several years ago. American Messaging has honored the previous agreement up to this point.
Over the last few years, the existing pagers have failed to the point where the City only has two pagers that
function. To effectively notify the crew of emergency call outs, the City needs to have 8 active pagers.
To replace the old pagers with new digital units requires a new contract with American Messaging. The cost
of the new pager system is only a minor cost increase over the current agreement. The City Council is
required to approve all new contracts.
EXHIBITS: American Messaging Contract
RECOMMENDED ACTION:
Approve a new pager contract with American Messaging for 8 new pagers.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$1080 per year $ 780 (Misc expense) $ 300
ACTION TAKEN:
Motion Made By: �e r
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: �0 1 C� Failed:
•
Second By:
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 1 of 1
•
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•
•
AMERICAN MESSAGING SERVICES, LLC Messaging
CUSTOMER AGREEMENT
This Account Agreement ("Agreement") is made and entered into as of the date of execution by Customer ("Effective Date") by
and between American Messaging Services, LLC with its headquarters located at Lewisville OPS Center, 1720 Lakepointe Drive,
Suite 100, Lewisville, TX 75057 ("Carrier") and City of East Wenatchee, with a billing address located at 271 91h St N.E., East
Wenatchee, WA 98802 ("Customer").
1. Services to be Performed by Carrier: Carrier and/or its affiliates shall provide services and may provide equipment to
Customer subject to the terms and conditions of this Agreement and Attachment 1, and all applicable federal, state and local
laws, rules and regulations.
2. Term: The term of this Agreement shall begin on the Effective Date and continue for a period of three (3) years unless earlier
terminated pursuant to the terms of this Agreement ("Term").
3. Pricing: Equipment and services provided under this Agreement shall be provided in accordance with the Pricing set forth on
this Agreement and Paging plans. Carrier reserves the right to increase pricing equal to the consumer price index of the
preceding year, one time per Calendar year, without notice. Optional offerings may be referenced in this agreement and/or may
be offered to Customer and all such offerings shall be governed by this Agreement and by the terms provided to customer that
are associated with such offerings. The optional offerings include but are not limited to: Pager Replacement Program,
Automatic Payment Plan, Pager Exchange Program, and Employee Pager Program.
4. Billing and Payments: Customer will be billed on a monthly basis or according to Customer's Billing Cycle, and Customer's
bill will reflect the rates in effect under the applicable price plan at the time charges are incurred, plus any other charges that
apply. Any unused call/packet counts from one month may not be transferred to another. Call/packet counts may not be
aggregated as between wireless devices on the same account. Payment is due Thirty (30) days from the date of invoice.
Customer waives any billing errors if Customer does not notify Carrier of such errors within sixty (60) days from date of the
invoice containing such error. If Customer defaults, Carrier may: (a) require Customer to return all Carrier owned equipment to
Carrier, and/or (b) be entitled to a judgment against Customer. A LATE FEE PAYMENT OF THE GREATER OF UP TO ONE
AND ONE-HALF PERCENT (1.5%) PER MONTH (18 PERCENT ANNUALLY) OR ONE DOLLAR AND 50 CENTS
($1.50) PER ACCOUNT APPLIES TO BALANCES THAT REMAIN UNPAID. HOWEVER, IF THIS LATE FEE EXCEEDS
THAT ALLOWED BY APPLICABLE LAW, THEN THE MAXIMUM FEE ALLOWED BY LAW SHALL APPLY (In
California, Customer will be charged at 1.5%). Customer shall pay all reasonable costs of collection, including payment of
attorneys' fees and court costs. These remedies shall be cumulative and in addition to any other remedies Carrier has at law or in
equity. If service is interrupted due to non-payment, and Carrier reactivates Customer account, Customer will be required to pay
a reconnection fee.
5. Wireless Equipment: Customer bears the risk of loss or damage to wireless equipment, whether leased or purchased, once
received. If Customer has purchased the equipment the same shall be deemed accepted within fifteen (15) days of receipt or
when the equipment is activated and provided with service, whichever occurs earlier. Acceptance of the equipment shall be
deemed a complete discharge of Carrier's obligations as it concerns the purchased equipment. However, Customer shal I have
thirty (30) days from the date the equipment is received to discover alleged defects in such equipment and to return the
equipment to Carrier for a replacement of similar type. Leased equipment remains the property of Carrier. If this Agreement is
terminated, Customer will return all leased wireless equipment and accessories provided under this Agreement in reasonably
good condition or reimburse Carrier at current retail rates for similar equipment and/or accessories. Lease charges will continue
to accrue until all wireless equipment is returned or paid for by Customer.
6. Relationship of the Parties: Both parties agree and understand that the services performed under this Agreement are
performed by Carrier as an independent contractor and not as an employee of the Customer.
7. Limitation of Liability: Carrier shall not be liable to Customer, its employees, agents, or any third party for injuries to
persons or property arising from Customer's use of the services, the wireless equipment or related equipment, or for any defect
in the services or equipment. Furthermore, Carrier shall not be liable for the installation, repair or maintenance of the services
or equipment by any parties who are not employees of Carrier, or subcontractors of Carrier. Carrier's performance hereunder
shall be excused if affected by equipment failure, acts of God, strikes, severe weather conditions, fire, riots, war, earthquakes,
equipment or facility shortage or any other event or causes beyond Carrier's reasonable control. IN NO EVENT SHALL
EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED, WHICH ARE INCURRED BY THE OTHER PARTY AND WHICH
ARISE OUT OF ANY ACT OR FAILURE TO ACT RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE CLAIM OR POTENTIAL CLAIM OR OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL CARRIER BE LIABLE FOR LOSSES, DAMAGES, OR CLAIMS ARISING
OUT OF THE USE OR ATTEMPTED USE OF EMERGENCY SERVICES, NOR SHALL CARRIER BE LIABLE
FOR THE INABILITY TO ACCESS EMERGENCY SERVICE.
8. INFORMATION REGARDING WARRANTIES: Carrier agrees to assign to Customer any of the manufacturers'
consumer warranties received by Carrier and intended for the end user with respect to the wireless equipment. CUSTOMER
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AMERICAN MESSAGING SERVICES, LLC
CUSTOMER AGREEMENT
ACKNOWLEDGES THAT CARRIER IS NOT THE MANUFACTURER OF THE WIRELESS EQUIPMENT AND
isCUSTOMER AGREES THAT CARRIER HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY,
FITNESS FOR USE, MERCHANTABILITY, CONDITION OR QUALITY OF THE WIRELESS EQUIPMENT. WITH
RESPECT TO CARRIER, CUSTOMER PURCHASES OR LEASES THE WIRELESS EQUIPMENT "AS IS". CARRIER
SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE
CAUSED DIRECTLY OR INDIRECTLY BY THE WIRELESS EQUIPMENT, OR BY ANY INTERRUPTION OF
SERVICE OR LOSS OF USE OF THE WIRELESS EQUIPMENT, OR FOR ANY LOSS OF BUSINESS OR DAMAGE
WHATSOEVER AND HOWSOEVER CAUSED UNLESS LOSS OR DAMAGE IS DIRECTLY CAUSED BY CARRIER'S
WILLFUL MISCONDUCT. CUSTOMER ACKNOWLEDGES THAT DISSATISFACTION WITH THE WIRELESS
EQUIPMENT WILL NOT RELIEVE CUSTOMER OF ANY OBLIGATION UNDER THIS AGREEMENT. NOT
WITHSTANDING THE ABOVE, CUSTOMER MAY RETURN THE EQUIPMENT PER THE TERMS OF SECTION 5
HEREIN.
9. Intellectual Property: Carrier shall have no liability for violation of any patent, copyright, trademark or trade secret or for
violation of any license or franchise arising out of or resulting from (a) the use of the services or wireless equipment in
combination with any other product or service not supplied by Carrier, or (b) modification of the services or wireless
equipment by, or on behalf of, Customer.
10. Indemnity: Each party agrees to be responsible for any personal injury or property damage caused by negligent acts or
negligent omissions by or through itself or its agents, employees and contracted servants and each party further agrees to
defend itself and themselves and pay any judgments and costs arising out of such negligent acts or negligent omissions, and
nothing in this Agreement shall impute or transfer any such responsibility from one to the other.
11. Confidential Information: Customer shall hold in strictest confidence information provided to it by Carrier that is marked
confidential or proprietary ("Confidential Information") for the Term of this Agreement and for a period of two years following
the expiration or termination of this Agreement. Customer acknowledges that Carrier would suffer irreparable damage in the
event of any material breach of these provisions. Accordingly, in such event, Carrier would be entitled to obtain preliminary
and final injunctive relief, as well as any other applicable remedies at law or in equity as the result of a breach or threatened
• breach of this section.
12. Termination: Customer has the option to terminate this agreement during the first 30 days of service without penalty. A non -
breaching party may terminate this Agreement if the other party commits a material breach of any term or condition of this
Agreement and fails to cure such breach within a thirty (30) day period after receiving notice of such breach. Except as
provided above, if Customer has less than ten (10) wireless devices in service and terminates service to any wireless devices
within the Term of this Agreement or Carrier terminates Customer's service for good cause, then Customer shall pay $75.00 per
unit to Carrier for each such termination as an early termination fee. If Customer has ten (10) or more wireless devices in service
and at any time terminates service on twenty (20) percent of the contracted units in service, then Customer shall pay Carver the
monthly fee for each terminated device multiplied times the number of months remaining in the Term of this Agreement.
Furthermore, if Carrier determines that Customer is misusing the equipment or service in a manner that negatively impacts
Carrier's network, then Carrier may terminate and/or suspend service without notice to Customer.
•
13. Availability of Service: Messaging and paging services use radio transmissions, so Carrier cannot provide service when
Customer's wireless equipment is not in range of one of our transmission sites, or a transmission site of another company that
has agreed to carry Carrier's service, or if there is not sufficient network capacity available at the moment. Also, there are
places, particularly in remote areas, with no service at all. Weather, topography, buildings, Customer's wireless equipment, and
other conditions Carrier does not control may also cause missed pages or other problems.
14. Response Procedure: If service is unavailable in Carrier's service area for more than twenty-four (24) continuous hours due
to Carrier's fault, Carrier will give Customer a pro rata daily credit for the period Customer is without service. To receive such
credit, Customer must notify Carrier in writing within thirty (30) days after the first bill is received for the period during which
the interruption started.
15. Assignment: Neither Party may assign this Agreement, except in the case of a merger or sale of all or substantially all its
assets, without the prior written consent of the other party, which shall not be unreasonably withheld. Subject to these
restrictions, this Agreement shall apply to, inure to the benefit of, and be binding upon the successors and assignees of the
respective parties.
2 of 6
Contract for Othello Community Hospital
AMERICAN MESSAGING SERVICES, LLC
CUSTOMER AGREEMENT
• 16. Notices: All notices required or permitted to be given hereunder shall be in writing and shall be valid and sufficient if
dispatched by (a) registered or certified mail, postage prepaid, in any Post Office in the United States; (b) hand delivery; (c)
overnight courier; or (d) facsimile transmission upon confirmation of receipt by the recipient.
If to Carrier: If to Customer:
Contract Support Group To the billing address of record maintained by
American Messaging Services, LLC. Carrier.
1720 Lakepointe Drive, Suite 100
Lewisville, TX 75057
17. Severability: Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective
and valid under applicable law. If any provision of this Agreement shall be held by a court of competent jurisdiction or by a
duly appointed arbitrator to be invalid or unenforceable under applicable law, such provision shall be ineffective only to the
extent of its invalidity or unenforceability, and the remainder of such provision and the remaining provisions of this Agreement
shall remain in full force and effect.
18. Wireless Number And/Or Internet Address: Carrier will assign one wireless telephone number (also referred to as an
"access number", "pager number", or "wireless number"), cap code and/or internet address, if applicable, to each unit in
service. Customer agrees that it does not have any property right or ownership in the wireless number, cap code or Internet
address or in the personal identification number ("PIN(s)") the Customer or Carrier may establish. Carrier may change the
Customer's wireless number if Carrier determines it is necessary to comply with regulatory and/or commercial requirements;
however, Carrier shall not arbitrarily change Customer's wireless number and in the event of change Carrier shall specifically
advise Customer of the reason for such change.
19. Charges:
1.1. Charges: Customer is required to pay a monthly service charge, and charges for shipping of equipment, messages,
packets and/or pages over the monthly limit, and charges for network administration, activation, suspension,
reconnection, termination and exchanges, if applicable, as well as fees related to optional offerings referenced in Section
3 above, and Carrier's regulatory and/or governmental costs.
• 1.2. Tax: If any federal, state or local government tax, fee, duty, or surcharge (collectively referred to as a "Tax") is required
by applicable law to be collected from Customer by Carrier, then (a) Carrier shall bill Customer for such Tax, (b)
Customer shall timely remit such Tax to Carrier, and (c) Carrier shall, where applicable, remit such collected Tax to the
appropriate taxing authority. If Carrier does not collect a Tax because Customer has provided Carrier with evidence of
exemption, and if such as an exemption is later determined to be inadequate, then, as between Carrier and Customer,
Customer shall be liable for such uncollected Tax and for all interest, penalties and additions to Tax which are determined
to be due with respect to such uncollected Tax.
20. Authority: The parties hereby represent that they have full power and authority to enter into and perform this Agreement and
know of no contracts, agreements, promises or undertakings that would prevent the full execution and performance of this
Agreement.
21. Reservation of Rights: Either parry's waiver of any of its remedies for a breach by the other party shall not operate to waive
any other remedies available to it, nor shall such waiver operate to waive rights to any remedies for a future breach, whether of
a like or different character.
22. Dispute Resolution: Controversies or claims between the parties arising out of this agreement or actions of the parties will be
resolved by direct negotiation between the parties. An aggrieved party must send a written statement to the other party
outlining the nature and extent of the issue. The parties will meet within thirty (30) days to discuss the problem. If no
resolution of the dispute is reached with forty-five (45) days of the initial statement, either party may pursue their remedies at
law. The parties will give thirty (30) days' notice of intent to commence litigation. EACH PARTY WAIVES ANY TRIAL
BY JURY.
23. Entire Agreement: This Agreement, together with the Attachment 1 and the Renewal Form, if applicable, contains the full
and complete understanding between the parties, supersedes all prior agreements and understandings, whether written or oral
pertaining to the services and cannot be modified except by a written instrument signed by both parties.
24. Governing Law: Except as provided below, this Agreement shall be governed by the laws of the State of Washington
regardless of any conflicts of laws or rules that would require the application of the laws of another jurisdiction. Disputes
requiring arbitration shall be resolved in the State of Delaware. If you are a resident of California, or receive service in
California, then California law shall govern this Agreement and disputes shall be resolved in California.
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Contract for Othello Community Hospital
AMERICAN MESSAGING SERVICES, LLC
CUSTOMER AGREEMENT
• 25. Execution of Agreement: This Agreement may be executed in several counterparts, a copy of which shall be considered an
original for all purposes whatsoever.
26. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of signature by Customer.
CUSTOMER: CARRIER:
City of East Wenatchee American Messaging Services, LLC
By: By:
Name:
Title:
Dated:
•
•
Its Authorized Representative
("Effective Date")
Name:
Its Authorized Representative
Title:
Dated:
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Contract for Othello Community Hospital
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•
AMERICAN MESSAGING SERVICES, LLC
CUSTOMER AGREEMENT
Attachment 1
PRICING for City of East Wenatchee
This is Attachment number I to the American Messaging Services, LLC Agreement and it is incorporated into and made part of
that Agreement. The pricing set forth below is applicable during the initial term of the Agreement and any subsequent terms unless
the parties agree to change or modify such pricing.
**Upon execution of this agreement, all active devices will change from COAM (Customer Owned and Maintained) to
LEASED. American Messaging will exchange devices that stop working due to normal wear and tear at no additional
charge. If a device is lost, stolen or damaged beyond repair, Customer will be billed for that unit.**
ALPHANUMERIC ONE-WAY PRICING
Access Fee
Page Allowance**
Charge per page
ALPHA
Service
Includes Lease Fee
Per Month)_over
Allowance
Local*
$ 8.99 per month
Unlimited
N/A
*Local service includes one or more Metropolitan Statistical Areas (MSAs). **Two hundred forty (240) character
limit per page.
Third Party Carrier Pricing
In certain instances, American Messaging may utilize third party carriers to provide paging services. The pricing contained
herein is based on services provided directly by American Messaging. If we determine that the use of a third -party carrier is
necessary, our customer's associated service costs will be negotiated separately.
PAGER REPLACEMENT PROGRAM (PRP)
The optional Pager Replacement Program will protect you against theft and loss of your pager. Without PRP, you are responsible
for the full pager replacement charge. With PRP, any repairable damage is covered 100% and if your pager is lost or stolen, it will
• be
replaced with a comparable one (see fee schedule).
�a
� F �� Note: American Messaging Services, LLC reserves
the right to change or discontinue models during this
Alpha $ 0.50 per month $35.00 $69.95 Jagreement.
ACTIVATION INFORMATION
Contracted Units in Service
ENHANCED SERVICE OPTIONS
Group Call $ 4.95 per month
IntelliMessaQe (Mobile and/or Desktop) No Charge with active
SHIPPING CHARGES AND MISC. CHARGES
SHIPPING CHARGES
American Messaging Services, LLC provides automated order fulfillment. By contacting Major Account Customer Service, a
representative can initiate the shipping order and prioritize it to meet City of East Wenatchee's needs for the pager(s) to arrive at
the location and by the time specified by City of East Wenatchee. American Messaging Services, LLC will pass onto City of East
Wenatchee any charges that are incurred for shipping and handling.
TAXES AND FEES
Prices do not include state and local sales tax, and other applicable taxes, fees, charges, or pass through assessments.
AMERICAN MESSAGING'S EXPLANATION OF USF FEES
• *The Telecommunications Act of 1996 requires American Messaging Services, LLC to support the Federal Universal Service
Fund. American Messaging will separately list the Federal Universal Service Charge (FUSC) and Regulatory Charge (RC) on our
customer's bill. All accounts will be assessed a monthly charge. The actual amount of the FUSC charge may vary monthly; the
5 of 6
Contract for Othello Goninii=nity Hospital
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AMERICAN MESSAGING SERVICES, LLC
CUSTOMER AGREEMENT
• history is listed below. The Regulatory Charge is $0.08 per line per month as of March 1, 2014.
Some states have developed their own Universal Service programs and the USF rate is determined by the individual state.
American Messaging Services, LLC will provide more information regarding this State Universal Service Fund upon request from
City of East Wenatchee.
•
•
RESTOCKING FEE
Pagers returned between the 46th and the 180th day will be charged a $10.00 restocking fee. (No line item will appear on the
invoice for the restocking fee, the credit issued will be $10.00 less that what was charged for the equipment.) Pagers returned after
the 180th day will not receive an equipment credit. Lost pagers will follow the same process. If returned prior to the 45th day, a
full credit will be issued.
INVOICE FEE
Customers will be charged an invoice fee of $4.95. The fee will appear on invoices for customers with 1 to 99 UIS that are not
paperless. By going paperless, they can avoid this fee.
NETWORK ADMINISTRATION FEE
Customers will be charged a network administration fee of up to 9.95% per account. The fee is applied to recurring charges
including overcalls if applicable, and is not applied to the Universal Service Fund charges or taxes.
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Contract for Othello Community Hospital
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0
•
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
1 5-10-09 AGENDA ITEM # 4
Nick Gerde
Finance Director
AGENDA DATE: November 10, 2015
DEPARTMENT: Finance Department
TITLE: An ordinance of the City of East Wenatchee authorizing the regular property tax levy to
be collected in 2016, an increase of .251 percent in the regular tax levy, 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.
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 City may also increase its property tax levy by the amount of the previously banked
capacity.
• 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 Finance Director must file the certified budget or estimate with Douglas County on
or before November 30th.
Financial Considerations:
1. The Council has been apprised of the six alternatives which it could consider and
approve for implementation in 2016 at its October 26th meeting. Council consensus was
to consider the second alternative, which has been re -stated below.
2. For 2016, the City has stated its desire to consider the following alternative at its
November 1 Oth meeting: Authorize the regular property tax levy, authorize an increase
of the allowable .251% increase and authorize any increases allowed in the amount
under new construction, improvements to property and the State assessed property
provisions of State law, resulting in total taxes of approximately $1,613,779.85 in 2016.
EXHIBITS:
The Draft Ordinance
Page 1 of 2
•
•
RECOMMENDED ACTION:
Second reading and approval of the proposed Ordinance.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 0 $ 0 $ 1,61 3,779.85
ACTION TAKEN:
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
Second By: ,V "ZrT, -,
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 2 of 2
• CITY OF EAST WENATCHEE, WASHINGTON
ORDINANCE NO.2015-20
An Ordinance of the City of East Wenatchee, Washington, authorizing the
regular property tax levy to be collected in the 2016 tax year, an increase of
.251 percent in the regular tax levy, and authorizing an increase which may be
allowed in the amount under new construction, improvements to property and
the State assessed property provisions of State Law.
Una Ordenanza de la Ciudad de East Wenatchee, Washington, se modifica La
Ordenanza Numero 2015-20 que establecio la Ciudad de East Wenatchee
2014 Presupuesto.
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 of East Wenatchee ("City") and its citizens to increase the
• amount of the City's regular property tax levy for 2016.
C. Findings.
i. The population of the City is more than 10,000;
ii. The Implicit Price Deflator (Personal Consumption Expenditures "PCE")
for 2015 is .251 %, resulting in an allowable .251 % increase in the 2016
property tax levy.
iii. The City Council has considered the City's anticipated financial
requirements for 2016 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;
iv. After proper notice, the City Council held a public hearing on October 27,
2015. At this public hearing, the City Council considered revenue sources
for the City's current expense budget for 2016.
V. After the hearing and after duly considering all relevant evidence and
testimony presented, the City Council determined that the City does have a
future substantial need to increase property tax revenue from the previous
year by the allowable .251 %, 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.
Ordinance 2015-20
• vi. 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.
b. RCW 84.55.12 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
2016.
Section 2: Authorization. The City Council authorizes an increase in the general property tax
levy, for the 2015 property tax levy on all real, personal and utility property
authorized for collection in 2016 resulting from a .251 % increase in the regular tax
levy, and authorizing any amount 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 2016 will be
approximately $1,613,779.84. The City Council estimates that the contingency
property tax to be collected will be $50,000.
E
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 $1,607,465.85 be collected in 2016.
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 2015-20
• 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 2015 Levy and may be cited as
such.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
day of , 2015.
By
Steven C. Lacy, Mayor
AUTHENTICATED:
0 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 2015-20
•
Summary of Ordinance No. 2015- 20
Or the City of East Wenatchee, Washington
On the day of , 2015, the City Council of the City of East
Wenatchee, Washington approved Ordinance No. 2015 - 20, 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 2016 tax year, an increase of .251 % in the
regular tax levy, 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 , 2015.
CITY CLERK, DANA BARNARD
Ordinance 2015-20
•
•
COUNCIL AGENDA BILL # 15-1 1-02
PRESENTER: Lori Barnett
TITLE Director
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
AGENDA ITEM #
AGENDA DATE: November 10, 2015
DEPARTMENT: Community Development
TITLE:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an
Interlocal Agreement between the City of East Wenatchee, the City of Wenatchee, Douglas
County, and Chelan County for the purpose of authorizing Wenatchee to act as lead entity
in administration and use of homeless housing and support funds collected locally and
those provided through or by the Washington State Department of commerce, repealing an
Interlocal Agreement executed on September 27, 2011 with the adoption of Resolution
2011-15, and establishing an effective date..
BACKGROUND/HISTORY:
In 2004 the state legislature adopted the Homelessness Housing & Assistance Act
placing a surcharge on the filing of documents. The funds must be used by counties and
cities for projects and programs to address homelessness. East Wenatchee, Douglas
County, and Chelan County entered into an Interlocal Agreement with the City of
Wenatchee to administer the funds collected for that program. Wenatchee also receives
other funds from the Washington State Department of Commerce (Commerce). They have
combined the award process for the Homelessness Housing & Assistance funds with those
other funds. Representatives from local jurisdictions and other parties meet annually to
review applications and make recommendations to award the funds to various housing and
service providers.
The original agreement was adopted in 2006. It was amended in 2011 to address
changes in the distribution of funds as directed by Commerce. Commerce is again
changing the process for allocating funds. They are changing the Emergency Solutions
Grant (ESG) program. In the past the ESG funds were allocated directly to the Community
Action Council. Now Commerce would like the ESG funds to be managed on behalf of the
region in the same manner as the other homeless and housing funds. Since ESG was not
specifically included in the earlier interlocal agreements, it is necessary to amend the
document to include that funding source.
EXHIBITS:
Resolution 2015-19. Exhibit A to that document is the Interlocal Agreement.
RECOMMENDED ACTION:
Approval of the Resolution authorizing the Mayor to sign the Interlocal Agreement.
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$N/A $ N/A $ N/A
ACTION TAKEN:
Motion Made By:
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart
Passed: Failed:
0
Second By: Co 1
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
City of East Wenatchee, Washington
Resolution No. 2015-19
A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to sign an Interlocal Agreement between the
City of East Wenatchee, the City of Wenatchee, Douglas County,
and Chelan County for the purpose of authorizing Wenatchee to act
as lead entity in administration and use of homeless housing and
support funds collected locally and those provided through or by the
Washington State Department of commerce, repealing an Interlocal
Agreement executed on September 27, 2011 with the adoption of
Resolution 2011-15, and establishing an effective date.
1. Alternate format.
1.1. Para leer este documento en otro formato (espaiiol, Braille,
leer en voz alta, etc.), pongase en contacto con el vendedor de la
ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. 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.
2.2. RCW 35A.11.040 and RCW 39.34.030 authorize the City to
enter into an agreement with another public agency for joint or
cooperative action. For an Interlocal Agreement to enter into
force, the participating public agencies must take action by
ordinance, resolution or otherwise pursuant to law of the
governing bodies of the participating public agencies.
3. Purpose. The purpose of the attached Interlocal Agreement is to
memorialize the terms and conditions under which the city of
Wenatchee will administer and award funds provided by local
recording fees, the Consolidated Homeless Grant and Housing and
Essential Needs Grant provided by the Washington State
Department of Commerce.
40 THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS
4. Repeal. The City Council repeals Resolution 2011-15.
5. Authorization. The City Council authorizes the Mayor to execute an
Interlocal Agreement that conforms to the language set forth in
Exhibit A.
6. Posting on City Website. Once the Interlocal Agreement is signed by
all necessary parties and recorded by the Auditor, the City Clerk is
directed to post an electronic copy of the recorded Interlocal
Agreement approved by this Resolution on the City's website.
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.
8. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this 10th day of November, 2015.
The 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: 11/4/2015
Passed by the City Council: 11/10/2015
Effective Date: 11/10/2015
0
LJ
0
Return Address:
Sandra Van Osten
Community & Economic Development Department
City of Wenatchee
P.O. Box 519
Wenatchee, WA 98807-0519
INTERLOCAL AGREEMENT
RELATED TO HOMELESS FUNDS
Reference numbers of related documents: N/A
Grantors:
1. CHELAN COUNTY
2. DOUGLAS COUNTY
3. CITY OF EAST WENATCHEE
4. CITY OF WENATCHEE
Grantees:
1. CITY OF WENATCHEE
Legal Description:
1. N/A
2. Additional legal description is on page N/A of document
Assessor's Property Tax Parcel Number(s): N/A
Filed with the Auditor pursuant to RCW 39.34.040 1
THIS AGREEMENT is entered into between Chelan and Douglas Counties and the Cities of
East Wenatchee and Wenatchee for the purpose of administration and use of funds for the
implementation of (1) the "Ten Year Plan to Reduce Homelessness in Chelan and Douglas
Counties," (2) the "Consolidated Homeless Grant," (3) the "Housing and Essential Needs Grant";
and (4) the "Emergency Solutions Grant".
WHEREAS, the Washington State Legislature passed Engrossed Second Substitute House
Bill 2163 in 2005 that directed local government entities to prepare and enact a ten-year homeless
housing plan with a minimum goal of reducing homelessness by fifty percent (50%) by July 1, 2015
and authorized the collection of a Ten Dollar ($10.00) surcharge on documents recorded in the
County Auditor's office; and
WHEREAS, the Washington State Legislature passed Engrossed Second Substitute House
Bill 1359 that directed the County Auditor to charge an additional Ten Dollar ($10.00) charge, or
Thirty Dollar ($30.00) surcharge during July 1, 2009-August 31, 2012, or Forty Dollar ($40.00)
surcharge during September 1, 2012 — June 30, 2019, to accomplish the goals of the local homeless
housing plan; and
• WHEREAS, the Washington State Department of Commerce is combining various
emergency shelter and transitional housing programs into a single "Consolidated Homeless Grant" to
local governments (and other designated entities), providing funds to address the needs of people
who are homeless or at risk of homelessness, as described in the Local Homeless Plans for each
county; and
WHEREAS, the Washington State Legislature passed Engrossed Senate House Bill 2082 in
2011 that created three new programs to replace the "Disability Lifeline Program," including the
"Housing and Essential Needs Grant" being granted to local governments and community based
organizations and administered by the Washington State Department of Commerce; and
WHEREAS, the Department of Housing and Urban Development (HUD) passed the
Homeless Emergency Assistance and Rapid Transitions to Housing Act of 2009 (HEARTH Act) that
created the Emergency Solutions Grant being granted to local governments and community -based
organizations and administered by the Washington State Department of Commerce; and
WHEREAS, the parties engaged in a joint collaborative public process with a Local
Homeless Housing Task Force to complete the "Ten -Year Plan to Reduce Homelessness in Chelan
and Douglas Counties" in December 2005 and applicable homeless surcharges are being collected in
the Chelan and Douglas County Auditor's offices and held by the Treasurers of the two counties;
and
WHEREAS, the parties entered into an Interlocal Agreement on August 27, 2006, for the
purpose of administering and distributing "Homelessness Funds" created by HB 2163 in accordance
with the Joint Homelessness Plan; and
WHEREAS, the parties wish to continue to work collaboratively and combine all above -
referenced funds to be administered by one entity to serve Chelan and Douglas County residents
consistent with the "Ten -Year Plan to Reduce Homelessness in Chelan and Douglas Counties," as
now or hereafter may be updated; and
WHEREAS, the parties recognize the largest portion of the homeless and at -risk population
in the two county area is located within the City of Wenatchee, and similarly most of the agency and
non-profit resources for addressing homeless and at -risk needs are located within the City of
Wenatchee.
NOW, THEREFORE, the parties agree as follows:
Duration and Termination.
1.1 The term of this Agreement shall commence upon execution and recording
with the Chelan County Auditor and the Douglas County Auditor and shall
remain in effect until terminated by any party upon not less than ninety (90)
days prior written notice to the other parties.
40
• 1.2 The parties may mutually terminate this Agreement at any time by a writing
signed by the authorized representatives of each party.
2. Purpose. The purpose of this Agreement is for the administration and use of funds
for the implementation of (1) the "Ten -Year Plan to Reduce Homeless in Chelan and
Douglas Counties," (2) the "Consolidated Homeless Grant," (3) the "Housing and
Essential Needs Grant" and (4) the "Emergency Solutions Grant".
3. Administration.
3.1 No separate legal or administrative entity is created by this Agreement.
3.2 The City of Wenatchee shall be the lead entity for the application to the State
Department of Commerce for the Consolidated Homeless Grant Funds
allocated to Chelan and Douglas Counties, and shall be the lead entity for the
administration of such funds in accordance with the commerce program
requirements.
3.3 The City of Wenatchee shall be the lead entity for the application to the State
Department of Commerce for the Housing and Essential Needs Grant Funds
allocated to Chelan and Douglas Counties, and shall be the lead entity for the
administration of such funds in accordance with the commerce program
requirements.
3.4 The City of Wenatchee shall continue to be the lead entity for the
administration of the local homeless housing programs serving all of Chelan
and Douglas Counties in accordance with Chapter 43.185(c) RCW,
including, but not limited to, maintaining participation of the Homeless
Housing Task Force and overseeing the expenditure of homeless plan funds.
3.5 The City of Wenatchee shall be the lead entity for the application to the State
Department of Commerce for the Emergency Solutions Grant Funds
allocated to Chelan and Douglas Counties, and shall be the lead entity for the
administration of such funds in accordance with the commerce program
requirements.
3.6 The following shall be the parties' contact persons for administration of this
Agreement:
Community Development Director
City of Wenatchee
P.O. Box 519
Wenatchee, WA 98807-0519
•
• Community Development Director
City of East Wenatchee
271 Ninth Street NE
East Wenatchee, WA 98802
County Administrator
Chelan County
400 Douglas Suite 201
Wenatchee, WA 98801
Clerk of the Board
Douglas County
P.O. Box 457
Waterville, WA 98858
4. Funds, Reporting and Administrative Costs.
4.1 That portion of revenue generated by homeless surcharges that is retained to
pay for local efforts to reduce homelessness shall continue to be collected by
the Auditor's offices in both counties and held by the County Treasurer's
office in a separate account within each County and identified as homeless
plan funds.
4.2 Twice annually, on July 1st and on December 3Is', the Chelan County and
Douglas County Treasurers shall transfer the balance of the homeless plan
funds account to the City of Wenatchee. The City of Wenatchee may request
interim transfers to facilitate the funding of specific projects.
4.3 Chelan and Douglas Counties assign and transfer their right to retain six
percent (6%) of homeless funds for administrative costs to the City of
Wenatchee as lead entity. The City of Wenatchee shall be entitled to retain
six percent (6%) of all homeless funds it handles pursuant to this Agreement
to cover its administrative costs.
4.4 The City of Wenatchee will annually submit a written report to the other
parties to this Agreement providing a summary of the agencies and/or
projects funded in that year with funds referenced in this Agreement.
4.5 None of the parties to this Agreement will acquire any ownership of any real
or personal property, incur any financial liability, or assume any operating
responsibility as a result of this Agreement or through the expenditure of any
funds referenced in this Agreement.
5. No Assignment. Neither this Agreement or any party's rights or duties under this
Agreement may be assigned without the prior written agreement of the other parties.
M
0 6. Maintenance and Audit of Records.
6.1 Each party shall maintain books, records, documents and other materials
relevant to its performance under this Agreement.
6.2 These records shall be subject to inspection, review and audit by any party or
its designee, and the Washington State Auditor's Office.
6.3 Each party shall retain all such books, records, documents and other materials
for the longest applicable retention period under federal and Washington law.
7. Indemnification. The City of Wenatchee shall defend, indemnify and hold harmless
the City of East Wenatchee, Douglas County, Chelan County, their agents, officers,
employees, insurers, and elected officials, from and against any and all liability, loss
or damage incurred as a result of claims, demands, suits, or actions resulting from
any action or failure to act undertaken or existing under this Agreement to the extent
of the City of Wenatchee's sole, concurrent or comparative negligence, willful
misconduct, misfeasance or malfeasance.
8. Independent Contractor. The parties agree that the City of Wenatchee shall be at all
times under this Agreement an independent contractor. Employees of the City of
Wenatchee are and will remain employees of the City of Wenatchee.
9. Venue/Attorney, sue.
9.1 The venue for any and all suits brought to enforce or interpret the provisions
of this Agreement shall be Chelan County.
9.2 In the event of any legal action or other proceeding to enforce or interpret the
terms of this Agreement, each party shall bear its own attorney's fees and
costs incurred in that action or proceeding.
10. Recitals. The recitals in the preamble to this Agreement are incorporated by
reference and are part of this Agreement.
11. Entire Agreement. This Agreement contains all the terms and conditions agreed
upon by the parties. This Agreement shall not be amended unless in writing signed
by each of the parties.
12. Prior Agreement. This Agreement shall supersede and replace in its entirety the prior
Interlocal Agreement between the parties dated August 27, 2006.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the dates set
forth below.
0
0
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
•
171
• DATED this day of , 2015
CHELAN COUNTY
BOARD OF CHELAN COUNTY COMMISSIONERS
RON WALTER, Commissioner
DOUG ENGLAND, Commissioner
ATTEST:
CARLYE BAITY, Clerk of the Board
•
•
KEITH W. GOEHNER, Commissioner
• DATED this day of , 2015
DOUGLASCOUNTY
BOARD OF DOUGLAS COUNTY COMMISSIONERS
DALE SNYDER, Chair
STEVE JENKINS, Commissioner
ATTEST:
DAYNA PREWITT, Clerk of the Board
•
0
KEN STANTON, Commissioner
• DATED this day of , 2015
CITY OF EAST WENATCHEE,
a municipal corporation
STEVE LACY, Mayor
ATTEST:
M.
•
0
DANA BARNARD, City Clerk
• DATED this day of , 2015
CITY OF WENATCHEE,
a municipal corporation
IM
FRANK KUNTZ, Mayor
ATTEST:
TAMMY STANGER, City Clerk
LJ
E
•
COUNCIL AGENDA BILL #
PRESENTER:
POSITION:
CITY OF EAST WENATCHEE
CITY COUNCIL AGENDA BILL
15-11-03
Nick Gerde
Finance Director
AGENDA ITEM # 6
AGENDA DATE: November 10, 2015
DEPARTMENT: Finance Department
TITLE: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an
Interlocal Agreement for Driver Record Monitoring Services with the Washington State Transit
Insurance Pool (WSTIP).
BACKGROUND/HISTORY:
The City has street department vehicles and equipment which require specific skills to
operate, including a CDL, commercial driver's license, at least a Class B for the types of
trucks used to plow snow. Commercial Drivers are subject to random drug tests and
could be disqualified under certain circumstances for driving violations. The City
currently has eight (8) employees who are required to have a commercial driver's
license.
2. The City belongs to and contracts with the AWC Drug and Alcohol Screening Program to
provide the random testing that would help insure that its commercial drivers are not
using drugs or alcohol which could lead to accidents.
3. Prior to the first Interlocal Agreement approved by Council in December 2014, the City
did not have a resource to be ab►e to insure that its commercial drivers did not have
driving violations which may have disqualified them, which would mean that they were
no longer certified. The Washington State Transit Insurance Pool was recommended by
AWC to provide that resource through their ability to have access to driving records to
identify and notify the City of any loss of any of its drivers of their certification.
4. The new Interlocal Agreement provides a multi -year framework for the City to manage
this issue.
Financial Considerations:
1. The WSTIP Driver Record Monitoring Service basic fee for 2016 is $1.1 8 per month per
driver, or $1 1 3.28 per year, with relatively modest increases over the 5 year term.
2. The Street Department has budgeted resources to pay for this service.
EXHIBITS:
Resolution 201 5-20, Interlocal Agreement with attachments.
RECOMMENDED ACTION:
Approval of the Interlocal Agreement and approval for the Mayor to sign on behalf of the City.
Page 1 of 2
•
•
•
FINANCIAL DATA:
Expenditure Required Amount Budgeted Appropriation Required
$ 1 1 3.28 $ 113.28 $ In the 2016 Budget
ACTION TAKEN:
Motion Made By: Joh 1wo-y 1
Councilmember Collings
Councilmember Johnson
Councilmember McCourt
Councilmember Barnhart )C�
Passed: Failed:
Second By: &,-W,44vt,
Councilmember Raab
Councilmember Buckner
Councilmember Detering
Mayor Lacy (in case of tie)
Page 2 of 2
City of East Wenatchee, Washington
Resolution No. 2015-20
A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to sign an Interlocal Agreement for
Driver Record Monitoring Services with the Washington
State Transit Insurance Pool
1. Alternate Format.
1.1. Para leer este documento en otro formato (espaiiol, Braille,
leer en voz alta, etc.), pongase en contacto con el vendedor de la
ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.17.020 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.
2.2. RCW 39.34.030 authorizes the City to enter into an
agreement with another public agency joint or cooperative action.
For an Interlocal Agreement to enter into force, the participating
public agencies must take action by ordinance, resolution or
otherwise pursuant to law of the governing bodies of the
participating public agencies.
City of East Wenatchee
10 Resolution 2015-20 Page 1 of 3
• THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Interlocal Agreement. A true and correct copy of an Interlocal
Agreement for Driver Record Monitoring Services with the
Washington State Transit Insurance Pool is attached as Exhibit A.
4. Authorization. The City Council authorizes the Mayor to execute
an Interlocal Agreement that conforms to the language set forth in
Exhibit A.
5. Recording.
5.1. Once the Interlocal Agreement is signed by all necessary
parties, the City Council directs the City Clerk to file the signed
original Interlocal Agreement with the Douglas County Auditor.
5.2. Once the City Clerk receives the recorded Interlocal
Agreement back from the Douglas County Auditor, he or she
must record on the face of the Interlocal Agreement where it will
be physically located in the City's files.
5.3. Once the City Clerk has recorded on the face of the
Interlocal Agreement, he or she must post copy of the Interlocal
Agreement on the City's website that contains the Douglas
County Auditor's recording information and the information
about where it is physically located in the City's files.
6. Effective Date. This Resolution is effective immediately. The
Interlocal Agreement becomes effective once it has been filed by the
Douglas County Auditor.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this day of , 2015.
CITY OF EAST WENATCHEE,
WASHINGTON
By
Steven C. Lacy, Mayor
City of East Wenatchee
is Resolution 2015-20 Page 2 of 3
• 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
41 Resolution 2015-20 Page 3 of 3
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 12th Court SW I Olympia, WA 98S02 I 360-INA620 I www.watip.org
Interlocal Agreement
for
Driver Record Monitoring Services
This Interlocal Agreement (the "Agreement") is entered into this _ day of by and
between Washington State Transit Insurance Pool ("WSTIP"), having its principal place of business at
2629 12th Court SW, Olympia WA, 98502, and the City of East Wenatchee, ("City"), having its principal
place of business at 271 91h Street NE, East Wenatchee, WA 98802. WSTIP and City may be referred to
herein individually as "Party" and collectively as "Parties."
WHEREAS, RCW 39.34.080, a section of the Interlocal Cooperation Act, allows governmental
entities to contract with one another to accomplish things cooperatively that each could do on its own; and
WHEREAS, WSTIP, a joint self-insurance program authorized under RCW 48.62.031, has
established a driver record monitoring program for purposes of monitoring driving and certain judicial
records of employees who operate motor vehicles in the course of their work (the "Program"); and
WHEREAS, in furtherance of the Program, WSTIP has entered into a contract with the
Washington State Department of Licensing ("DOU) to provide DOL driver data for the Program as well as
that certain contract with Data Driven Safety, Inc. ("DDS") dated January 1, 2016, (the "DDS Agreement",
which is attached hereto as Exhibit A) to allow WSTIP and governmental entities within the state of
Washington that enter into an Interlocal Agreement with WSTIP to use DDS's "Envision Software" as the
primary user interface and tool for the Program, which also incorporates access to certain databases and
is information provided by DDS;
WHEREAS, the City of East Wenatchee ("City') wishes to utilize the Program established by
WSTIP and take advantage of WSTIP's existing relationships and contracts with DOL and DDS so that
City may similarly monitor its employees for driving record changes and criminal convictions, and
WHEREAS, the respective governing bodies of the Parties have each authorized execution of
this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, it is hereby
agreed as follows:
1. Obligations of WSTIP. WSTIP will take necessary actions to allow City to take advantage of the
benefits of the DDS Agreement and access the Program and the Envision Software to monitor activity
and events in the driving and certain judicial records of its employees and volunteers.
2. City is Interlocal Subscriber. City hereby agrees to be bound by the DDS Agreement as an
"Interlocal Subscriber", as such term is defined in the DDS Agreement, and to comply with all of the
terms, conditions and obligations therein.
Interlocal Agreement for Driver Record Monitoring Services
41 Washington State Transit Insurance Pool and the City of East Wenatchee
Page 1 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
262612th Caur1 SW I Olympia, WA SM2 1 360.?W1620 1 www.W80P.arp
3. Security and Confidentiality. WSTIP's contracts with DOL and DDS require City to meet the
below security and confidentiality requirements. WSTIP will not allow continued access to the databases
if in its discretion City does not meet the security and confidentially requirements listed below:
• Employees with access to the driver record monitoring program sign and submit
confidentiality agreements to WSTIP that are substantially in the form as attached hereto as
Exhibit B;
• Maintain physical security of files and paper records that include private driver information;
• Utilize proper disposal of any files and paperwork to ensure the confidentiality of private
driver information;
• Utilize hardened passwords, maintain the security of those passwords, and promptly change
passwords when requested;
• Promptly update the driver lists and data within the driver record monitoring system and
administrator access to the driver record monitoring system;
• Information obtained from the Program will be used for the purpose of allowing employees
and/or volunteers to drive City vehicles and/or for the purposes of employment by the City;
and
• Participate in WSTIP or DDS program and/or security training or briefings.
4. Obligations of City. City shall:
a. Access, utilize, or share information obtained through the Program only with its employees
Is involved in the implementation of the Program or auditors, regulators, or others entitled to
access the information;
b. Appoint at least two program administrators who shall execute confidentiality agreements
with WSTIP (Exhibit B);
c. Verify the accuracy of new driver data by checking the DOL website prior to loading driver
information; and
d. Keep its list of monitored drivers up to date at least monthly; promptly removing employees
no longer with the City, and updating driver information for name, birthdate, endorsement/
certifications, and driver license number changes.
5. Program Options and Fees. City's fees it must pay to WSTIP are as set forth in Appendix 1 and
are based on fees for the service outlined below:
a. Basic service includes: (1) weekly license validity checking; (2) monthly monitoring of the
DOL database and a driver abstract if DOL record shows activity is found; and (3) program
administrator instruction.
b. Premium service includes: (1) the basic service and (2) daily monitoring of judicial records
for traffic/criminal citations and convictions.
6. Fee Increases. From time to time DOL and DDS may increase the fees they charge for access
to the databases and/or the Envision Software. In the event of fee increases, WSTIP will notify City of the
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and the City of East Wenatchee
Page 2 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
• �� 262912th CourtSW I Olympia, WA SBS02 I 260.?WI620 I www.wstip.arg
increase and its effective date. WSTIP will pass the fee increase along to City. If City finds the increase
unacceptable, it may terminate this Agreement as provided herein.
7. New Services. From time to time DOL and DDS may offer new products or services to WSTIP
which WSTIP will likewise offer to City. City may, in its sole discretion, elect to obtain such services.
8. Invoices. WSTIP will invoice City monthly for all services and fees. Invoices are payable upon
receipt and are past due if not paid within thirty (30) days.
9. Hold harmless and Indemnity. City shall hold harmless, indemnify, and defend WSTIP, DOL,
and DDS, together with their officers, employees, and agents, from any and all claims, actions, suits,
damages, and expenses (including reasonable attorney's fees) arising from the City's use of the Program,
including the Envision Software; provided, this hold harmless, indemnity, and defense obligation shall not
extend to any person or entity solely responsible for the event or activity giving rise to the claim, action,
suit, damage, or expense. For clarification purposes only, City is not a member of the "WSTIP
Organization", as such term is defined in the DDS Agreement, and WSTIP is not responsible for the
actions or inactions of City.
10. Compliance with Laws. The Parties shall comply with all state, federal, and local laws in the
implementation and operation of the Program.
11. Duration. This Agreement shall be perpetual until terminated as provide herein.
12. Termination. Either party may terminate this agreement upon thirty (30) days' written notice to
the other party.
13. Disputes. The Parties shall seek to resolve all disputes by negotiation and agreement. Neither
party may bring suit with respect to this Agreement without first attempting to resolve the dispute through
mediation. Any mediation shall be through Judicial Dispute Resolution LLC or some other mutually
acceptable mediation service. The exclusive venue for any suit with respect to this Agreement shall be in
Thurston County, and both Parties irrevocably submit to the venue and jurisdiction of such courts.
14. Posting Agreement. Following execution of this agreement each Party shall file it as required by
RCW 39.34.040.
[Signature Page to Follow]
Interlocal Agreement for Driver Record Monitoring Services
goWashington State Transit Insurance Pool and the City of East Wenatchee
Page 3 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 l2th CourtSW I Olympia, WA 9i'S02 I 180 IM1620 I www.wstlp.org
IN WITNESS WHEREOF, the Parties, by and through their authorized representatives, have
executed this Agreement as of the last date listed below.
CITY OF EAST WENATCHEE
By Date. -
Name and Title
WASHINGTON STATE TRANSIT INSURANCE POOL
By Date. -
Allen F. Hatten, Executive Director
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and the City of East Wenatchee
Page 4 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
2629 12th CourtSW I Olympia. WA NS02 1 360-796-1620 1 www.watlp,ml wtiip
Appendix 1
Driver Record Monitoring Fee Schedule
January 1, 2016 to December 31, 2020
As of January 1, 2016
1. Basic service is $1.18 per driver per month.
2. Premium service is $3.68 per driver per month (includes basic service)
As of January 1, 2017
1. Basic service is $1.22 per driver per month.
2. Premium service is $3.79 per driver per month (includes basic service)
As of January 1, 2018
1. Basic service is $1.26 per driver per month.
2. Premium service is $3.90 per driver per month (includes basic service)
As of January 1, 2019
1. Basic service is $1.29 per driver per month.
2. Premium service is $4.02 per driver per month (includes basic service)
As of January 1, 2020
1. Basic service is $1.33 per driver per month.
2. Premium service is $4.14 per driver per month (includes basic service)
WSTIP will honor an offer of a promotional or trial service for no -cost or reduced cost
premium service made between DDS and an Interlocal Subscriber for a maximum of six
months.
Interlocal Agreement for Driver Record Monitoring Services
isWashington State Transit Insurance Pool and the City of East Wenatchee
Page 5 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL. I RISK MANAGEMENT IN MOTION
• 262912th Court SW I Olympia, WA 96502 I 360-?W1620 I www.watip.org
Exhibit A
DDS Agreement
(Separate document)
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and the City of East Wenatchee
Page 6 of 7
WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
• 2629 12th Cant SW I Olymplia WA 8{S02 I 360.7I16-1620 R www.wat*.wg
Exhibit B
Confidentiality Agreement Form
(Separate document)
Interlocal Agreement for Driver Record Monitoring Services
Washington State Transit Insurance Pool and the City of East Wenatchee
Page 7 of 7
Cal WASHINGTON STATE TRANSIT INSURANCE POOL I RISK MANAGEMENT IN MOTION
• �� 2622 /2th Court SW I Olympia, WA 81502 I 360.766.1620 9 www.wntip.org
Administrator Confidentiality Agreement
for
Driver Record Monitoring
I understand my agency utilizes a service provided by the Washington State Transit Insurance Pool
("WSTIP") and its agent Data Driven Safety, Inc. ("DDS") to monitor activity on driver records (the
"Program"), and I have been appointed as an Administrator for the monitoring service. The Program is,
commonly referred to as "Envision", which is the software used in the Program.
I hereby certify:
1. That the WSTIP and its agent DDS is acting as an agent for my agency to monitor driver records
and obtain driver record information and/or the abstract of driver records from various sources
including the Washington State Department of Licensing.
2. That the driver record information and/or abstract of driver records shall be used exclusively to
determine (i) whether a volunteer vanpool driver meets insurance and risk management
requirements necessary to drive a vehicle owned by my agency, or (ii) whether an employee may
continue to operate a motor vehicle owned and utilized in the performance of their duties for
• employment and risk management purposes. At no time will I allow information contained in or
related to the Program to be divulged, sold, assigned, or otherwise transferred to any third person
or party.
3. That the information contained in the abstracts of driver records obtained from the Program shall
be used in accordance with the requirements as set forth in RCW 46.52.130.
As Administrator for this service, I understand my responsibilities are to:
• Have at least two program administrators (one primary and one secondary).
• Ensure the monitored drivers have either consented in writing to be monitored using the
appropriate release (employee or vanpool release) AND/OR educate drivers regarding the
monitoring service and privacy issues.
o Provide such consent documentation to WSTIP within two business days if requested
• Secure files, paperwork, or consent records that include drivers' personal private information
• Utilize security protocols for accessing the driver monitoring program including:
Using a hardened password
Maintaining security of my password
Refraining from sharing my password
o Promptly changing my password when requested.
• Verify the accuracy of new driver data by checking the DOL website prior to loading driver
information; and
• Keep its list of monitored drivers up to date at least monthly; promptly removing employees no
longer with the Agency, and updating driver information for name, birthdate, endorsement/
certifications, and driver license number changes.
0 Page 1 of 2
THIS IS EXHIBIT B FOR INTERLOCAL SUBSCRIBERS
Form Date: 2015 08 28
WASHINGTON STATE TRANSIT INSURANCE POOL t RISK MANAGEMENT IN MOTION
• 26" 12tA Court SW I Oiympla, WA 98502 1 360-?WI620 1 www.w•tip.org
• Refrain from sending any person's personal private information by unsecure means including
email.
• Participate in training programs provided by WSTIP and DDS.
• Determine how often or if I receive Envision notifications.
If I have been selected as the Primary Administrator, my additional responsibilities are to:
• Understand how my account is configured. Turn on or off features with DDS and communicate
the configuration and alterations to other administrators.
• Understand I am only person that can delete citation information from our account.
• Ensure all other Administrators and secondary user (read-only) accounts are valid.
• Terminate access for other Administrators and secondary (read-only) users should they leave
employment or their job responsibilities change and access to driver record monitoring system is
no longer needed.
o To terminate access, I will contact both WSTIP and DDS.
• Add new Administrators and secondary (read-only) users and determine their rights and
responsibilities.
• See to the adequate training of new Administrators and secondary users.
If I am a secondary user, I understand:
•0 1 have the same security responsibilities as all other administrators
• 1 have read-only access to driver information in Envision.
By affirming my signature below, I declare that the forgoing is true and correct.
If you are the Primary Administrator, check here:
❑
If you are an Administrator, check here:
❑
If you are the secondary user, check here:
❑
City of East Wenatchee
Company Name
271 9`h Street NE East Wenatchee, WA 98802
Address
Teresa Allen
Name (print)
Signature and Date
Email address and Business Phone
Group or Subgroup You Are Monitoring
[:]Employee ❑ Vanpool ❑ Other
Page 2 of 2
THIS IS EXHIBIT B FOR INTERLOCAL SUBSCRIBERS
Form Date: 2015 08 28
0 Climate Conversations NCW
PRESS RELEASE
FOR IMMEDIATE RELEASE Contact: Joan Qazi, igazi@nwi.net (664-6691)
October 26, 2015
Global Climate March NCW
--Wenatchee, WA
Climate Conversations NCW is a grassroots group of over 200 people who are concerned
about the impacts of climate change in our region. From their first meeting in
September 2014 to date, Climate Conversations NCW has hosted several speakers from
Steve Wright of Chelan County PUD to agriculture specialists, climate scientists, and
regional economists to help clarify what climate change means for North Central
Washington. This group has also petitioned local to national lawmakers to work for
policies that will support renewable energy alternatives and to keep fossil fuels in the
ground. At their next large group meeting on Sunday November 15th from 7pm to
8:30pm in the PUD auditorium, Climate Conversations NCW welcomes Diplomat Bill
. McPherson to talk about the upcoming Paris Conference of Parties (COP) of the UN
Framework on Climate Change which runs from November 30th to December 11th. This
has been billed as the 'make it or break it' international conference on climate change
as related severe weather events and refugees fleeing them proliferate across the globe.
In conjunction with the Paris Conference on Climate Change and numerous
communities across the country and the world, members of Climate Conversations NCW
will lead a Global Climate March for North Central Washington on Saturday November
28th from noon to 2pm. This date marks the beginning of a massive global weekend of
action to make a statement to global heads of state that the entire world expects them
to take real action to keep fossil fuels in the ground and to build the renewable energy
infrastructure that we need. Global Climate March NCW is open to anyone who is
concerned about climate change and would like to add their voice to the global message
that people care about the future of our climate and about those people most
vulnerable to heat -waves, droughts, wildfires, rising sea levels, and severe storms. To
learn more about the March and how to get involved please visit 350.org and sign up at
http://act.350.org/event/global-climate-march_attend/11275 or check out Climate
Conversations NCW on Facebook. Marchers will meet at Wenatchee's Memorial Park at
the corner of Orondo and Chelan Streets on November 28th at noon.
•
PLEASE JOIN CLIMATE CONVERSATIONS NCW
AS WE RAISE AWARENESS ABOUT CLIMATE CHANGE AND
THE UPCOMING PARIS CLIMATE TALKS TO PROMOTE
A POST -CARBON ECONOMY
Global Climate
March �-
SATURDAY NOVEMBER 28
NOON TO 2PM
MEET AT MEMORIAL, PARK, WENATCHEE ^ -.
AT CORNER OF ORONDO & CHELAN STREETS �
BRING YOUR ENERGY & SPREAD THE WORD
JOIN THIS GLOBAL ACTION 710 HAVE OUR VOICES HEARD
Info: 350.org & Climate Conversations NCW Facebook page
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RIVERCOM ADMINISTRATIVE BOARD
0 RIVERCOM 911
Wednesday, October 14, 2015
RIVERCOM 911, 140 South Mission Street, Wenatchee, WA 98801
MEETING MINUTES DRAFT
Board Members Present: Wayne Barnhart, Councilmember, City of East Wenatchee (Chair); Keith
Goehner, Commissioner, Chelan County (Vice -Chair); Dale Snyder, Commissioner, Douglas County;
Keith Huffaker, Councilmember, City of Wenatchee; Mick Lamar, Chief, Lake Wenatchee Fire & Rescue
Ex-Officio Members Present: John Wisemore, Undersheriff, Chelan County Sheriff's Office (substituting
for Brian Burnett, Sheriff, Chelan County Sheriff's Office); Kevin Morris, Undersheriff, Douglas County
Sheriff's Office (substituting for Harvey Gjesdal, Sheriff, Douglas County Sheriff's Office); John Kruse,
Sergeant, Wenatchee Police Department (substituting for Tom Robbins, Chief, Wenatchee Police
Department); Keith Vradenberg, Mayor, City of Entiat
RIVERCOM Staff Present: Jim Fosse, Director; Criselia Grupp, Administrative Services Manager; Jerry
Corder, IT Manager; Josh Humphrey, Radio Systems Technical Manager; Staci Engler, Confidential
Administrative Assistant; Lynn Palmer, GIS Analyst; Elizabeth Peterson, Receptionist
Guests Present: Kelly O'Brien, Chief, Chelan County Fire District #3; Jim Brown, Wenatchee Police
Department
CALL TO ORDER —Chairman Barnhart called the meeting to order at 9:00 AM and led the Pledge
of Allegiance.
WELCOME AND INTRODUCTIONS — Chairman Barnhart welcomed those present and
attendees introduced themselves.
III. APPROVAL OF AGENDA —The agenda was approved as presented.
IV. STANDING AGENDA
A. Consent Agenda
RIVERCOM Administrative Board Meeting Minutes, September 9, 2015
Payroll and Benefits for September 2015 in the amount of $274,211.89
iii. October 2015 Vouchers in the amount of $154,300.22 for payment on October 14,
2015:
a. Maintenance and Operations Account (Control #0647-0730) $ 54,407.84
b. General Communications Tax Account (Control #0731-0739) $ 14,769.40
c. Communications Tax Capital Projects Account (Control #0740-0749) $ 85,122.98
Motion to approve the Consent Agenda as presented; Lamar, second by Snyder.
Resolution: Motion carried.
RIVERCOM 911: Administrative Board Meeting —October 14, 2015 Pagel
C. Staffing Report
0 1. One (1) Emergency Services Dispatcher (ESD) trainee completed training this week and
was released to full duty.
2. One (1) ESD trainee continues training on the dispatch floor with a Certified Training
Officer and is expected to complete training and be released to full duty before the end
of the month.
3. Three (3) ESD trainees continue training with Certified Training Officers on the dispatch
floor.
4. RIVERCOM has re -hired an individual who resigned from an Emergency Services
— - --- —Dispatcher position -last -fall: Sh-e started -work -on -October 5-2015-and-is-near
completion of refresher training.
5. There are no open ESD positions at this time. Director Fosse said the last group of ESD
interviewees were outstanding and thought they were all excellent candidates for the
position. Their names will remain on a Hiring Eligibility List for up to one-year.
D. State E911 Office Report
1. RIVERCOM staff is scheduled to attend the State E911/APCO Fall Forum conference next
week in Ocean Shores.
2. The new State E911 contract did not include funding for any new equipment purchases
in 2016.
E. Board Meeting Schedule
The November Board meeting has been scheduled for November 4, 2015; the meeting was
rescheduled earlier in the year as it conflicted with the Veteran's Day Holiday on November
11.
F. Computer Aided Dispatch (CAD) System Demonstration
Director Fosse reported that a CAD (Computer Aided Dispatch) vendor will be
demonstrating a CAD system product on November 4, 2015; the location to be determined.
The demonstration is being organized as part of a committee review process led by Fire
Chief and RIVERCOM Administrative Boardmember Mick Lamar to better determine what
CAD systems are available, especially systems that can benefit fire service operations.
Director Fosse said the Spillman Administrator Management (SAM) group expressed an
interest in being involved with the review process as well as a concern that they had not
been asked to attend. Director Fosse pointed out that a notification was sent out to all
agencies requesting the information be forwarded to appropriate personnel.
G. Director Fosse Schedule
Director Fosse informed the Board that he would be out of the office beginning October 27,
2015 until sometime late -November.
RIVERCOM 911: Administrative Board Meeting— October 14, 2015 Page 3
funding for the Communications Tax Shared Funding Assistance Program and the
. corresponding MOU language that is being considered for revision.
B. Letters were sent out to all agencies regarding the possibility of changing CAD systems; the
CAD demonstrations planned for November will allow everyone to better see the entire
process.
X. OLD BUSINESS
A. Calls for Service — Private Ambulance Billing
Following a review of RIVERCOM's 2016 Annual Budget, Boardmembers Huffaker and Lamar
----brought up a question about the amount calculated and billed out to private ambulance
companies for annual assessments at the Board meeting held on September 9, 2015. At
that meeting, the Board requested that RIVERCOM staff collect data on EMS calls and it was
agreed that Boardmembers Huffaker and Lamar would further review the material.
After researching the matter and looking at original agency documents, it appears there are
some indications as to why private ambulance companies may have historically received a
reduced rate, although there are no concrete documents to account for the rate difference.
Boardmember Huffaker stated that the Board needs to review the issue and decide upon a
more accurate, reliable, and fair formula moving forward and to center a decision on a
business model. He indicated that he requested the companies to provide a bottom -line
formula showing why they might deserve a discounted rate, but so far, nothing has been
• provided.
For the record, Boardmember Barnhart disclosed that he has a personal association with
Jeff Lang, the CEO of Eagle Group. Although he thought the discussion about billable rates
was on target, he also expressed a concern about losing two private ambulance companies
in the area which could potentially have the effect of increasing costs for fire departments,
although he acknowledged this concern has nothing to do with the services RIVERCOM
provides.
A general comment was made that private ambulance companies have typically argued that
they do not have full access to the 911 system and therefore, they should not have to pay a
full rate. Operations Manager Viebrock explained that it would be incorrect to say that
RIVERCOM does provide the same level of service to private ambulance companies
compared to other agencies served by RIVERCOM. She said that in some ways, and
compared to other agencies, RIVERCOM actually provides more of a service to private
ambulance companies because RIVERCOM dispatchers have to work around a rotational
response plan utilizing two different ambulance companies. She said the rotational system
of private ambulance companies creates additional steps in the dispatching process and
actually slows down the time it takes to process a 9-1-1 emergency medical call.
After further discussion, the Board recognized that this issue will require several meetings
before there is a final resolution and that a recommendation will need to be presented to
RIVERCOM 911: Administrative Board Meeting— October 14, 2015 Page 5
Boardmember Snyder responded by saying that the situation at hand was completely
• inappropriate and that RIVERCOM dispatchers and personnel should not have to be
handling any of these types of calls. Boardmember Goehner also expressed dissatisfaction
with the situation. It was the general consensus of the Board that they would take action to
remedy the situation. The Board further talked about how RIVERCOM might take action to
put a stop to the inappropriate use of RIVERCOM phone lines, personnel, and resources.
Chairman Barnhart requested RIVERCOM staff to collect information on the matter and
come back to the Board with a recommendation.
XII. DEMONSTRATION — 911 Dispatch Center Operations
At 10:28 AM, the Board removed from the RIVERCOM Conference Room and moved onto the
dispatch operations floor to view a GIS-Dispatch demonstration by Operations Manager
Viebrock and GIS Analyst Lynn Palmer.
XIII. ADJOURNMENT
Following the demonstration, and with no further business, the meeting was adjourned at
11:04 AM. The next Board meeting is scheduled for November 4, 2015.
Minutes Respectfully Submitted,
Staci Engler
Confidential Administrative Assistant
RIVERCOM 911
• ATTEST:
Jim Fosse, Director
Secretary to the Board
RIVERCOM 911 Administrative Board Members:
Wayne Barnhart, Chairman, Council Member, City of East Wenatchee
Keith Goehner, Vice -Chairman, Commissioner, Chelan County
Dale Snyder, Commissioner, Douglas County
Keith Huffaker, Council Member, City of Wenatchee
Mick Lamar, Chief, Lake Wenatchee Fire & Rescue,
RIVERCOM 911 Operations Group
RIVERCOM 911: Administrative Board Meeting —October 14, 2015 Page 7
Date
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AWC
Training & Education >> Calendar >> Elected officials essentials workshop
Training & Education
Elected Officials Essentials live webinar
Co -sponsored by Municipal Research and Services Center
December 5, 8:30 am — 3 pm
Statewide viewing locations will be available in:
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Annex Training Room
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Yakima, WA
You don't have to be new to elected office to benefit from this AWC workshop that covers the most critical legal
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Join us for this workshop where you'll network with a group of your peers, interact virtually with trainers who've
worked extensively with cities, and spend time together examining real -world municipal scenarios. The
morning session covers your basic legal obligations and liabilities, and your statutory role and responsibilities.
In the afternoon, you'll explore what makes your work at city hall meaningful, and how your leadership
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As an added benefit, this event offers an excellent opportunity to connect and network with other city leaders in
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This training is designed to meet the specific requirements for elected officials under the Open Government
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Register now!
This live webinar is open to any elected or appointed official or staff from member cities.
is Registration fee: $45 (lunch provided)
Cancellation policy: A fee of $25 will be charged for cancellations made more than one week prior to the
meeting for which you are registered. Cancellations made less than seven days prior to the meeting for which
you are registered will require full payment.
Agenda
8 am: Registration
8:30 am — 3 pm: Workshop
Detailed agenda coming soon!
Presenters
Steve DiJulio, Attorney, Foster Pepper, PLLC
Steve focuses on litigation involving state and local governments, and land use and environmental law. His
particular experience includes representation of jurisdictions on eminent domain, utilities (water, wastewater,
stormwater, and solid waste systems), local improvement districts, facility siting and contractor litigation.
Craig Dunn, Dean, College of Business and Economics, Western Washington University
Craig's research interests include managerial ethics and values, governance, the meaning of work, and social
responsibility. He is active in the International Association for Business and Society (TABS) — publisher of the
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Questions?
Workshop information
Karen Tanner
karent@awcnet.org
Registration or cancellation questions and special accommodations
registration @ awcnet.org
For TDD users, please use the state's toll -free relay service, (800) 833-6388, and ask the operator to dial the
AWC number.
0