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HomeMy WebLinkAbout11/10/2015 - City Council - City Council Meeting Agenda Packetc ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION • • 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) 0 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 0 1� u CD 0000 r T 00 d -trLe) tn 0000 f--Il NN gg5)a! 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A o O o v ` � o O � z m qz:t co � — c L C> co O /L u Lf) 4-1v z V) C C Co W O p L D . ry U I- O U- 0 0 V) • O Q 0 L � L L CL Ln 00 N U 00 t Ln • cr- m O N V) C • C c� v) � +-j O CO W O L Z U O 4-1 O J Ln _ N Ln U- -0 L ) L oLn M O1 v v c - a) OJ -0 D 4-' m c D O U LL J 4--' C L O c t]A LL U Q �: >. 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Ally, Z3 O 0 I D ��O/ LL O LL 0 a u v 11 Q � pp N C LO C � O O 0 N r L }' a O C) V) �O Ooza� O c L Q� 4-•d O Q Q) D z 0 z � o � C O 0- 0 rvo c .N c O o L � U Q -0 O v CL O �C Q m I L O ++ 00 O N V) a--J ry, v 0 z ° 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 • This page intentionally left blank • • 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 1 of 6 Contract for Othello Community Hospital Rev 04108 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. 3 of 6 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: 4of6 Contract for Othello Community Hospital Rev 04108 • 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 Rev 04/08 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. 6 of 6 Contract for Othello Community Hospital Rev 04108 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 t t Sim, {red Ix �jtt &k1L tt 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 1._ TI�, V y��4s1-w�vafi-G�.w l �lt,� vyC^ � �1�'1 �+tiwvi Wit`^rw_'` � � � . �ni,ld� �j�,��1Fz ��� b �G • • 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: Chelan Register now Council chambers 135 E Johnson Ave Chelan, WA Kelso Register now Council chambers W 03 S Pacific elso, WA Richland Register now City Shops, Room 110 2700 Duportail St Richland, WA Chewelah Register now City Hall 301 E Clay Ave Chewelah, WA Kirkland Register now Justice Center 11750 NE 118th St Kirkland, WA Sedro-Woolley Register now Council chambers 325 Metcalf St Sedro-Woolley, WA Covington Register now Council chambers 16720 SE 271 st St Covington, WA Olympia Register now AWC Office 1076 Franklin St SE Olympia, WA Walla Walla Register now Fulton Community Room/Police Dept 15 N 3rd Ave Walla Walla, WA Gig Harbor Register now Council chambers 3510 Grandview St Gig Harbor, WA Pullman Register now Council chambers 325 SE Paradise St Pullman, WA Yakima Register now Annex Training Room 421 E Chestnut Ave #100 Yakima, WA You don't have to be new to elected office to benefit from this AWC workshop that covers the most critical legal and functional responsibilities of local elected officials. 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 contributes to a greater good and a healthier community. As an added benefit, this event offers an excellent opportunity to connect and network with other city leaders in your region, while spending less time and travel costs than a traditional training event. This training is designed to meet the specific requirements for elected officials under the Open Government Training Act. 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 journal Business & Society— serving on the Board of Fellows as well as past president. Craig is active with many civic and other organizations, most notably serving on the Board of Directors of Lydia Place, a nonprofit, community -based agency serving homeless families. Craig is widely published and he has received numerous awards for teaching and scholarship. 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