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HomeMy WebLinkAbout3/1/2022 - City Council - City Council Meeting Agenda Packet - Jerrilea Crawford, MayorIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 3/1/2022 Council Meeting Agenda Page 1 of 3 East Wenatchee City Council Meeting Tuesday, March 1, 2022 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 This meeting will be in person or via zoom: https://us02web.zoom.us/j/89586055471 Phone-in option for the meeting: 253 215 8782, Meeting ID: 895 8605 5471 AGENDA 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1.Consent Items: Vouchers: a.Date: 3/1/2022, Checks: 56307 - 56349, in the amount of $120,733.39. Pg. 4 Minutes: b.2/10/2022 Council Workshop Meeting Minutes. Pg. 19 c.2/15/2022 Council Meeting Minutes. Pg. 21 Motion by City Council to approve agenda, vouchers, and minutes from previous meetings. 2.Citizen Requests/Comments. The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items not listed on the agenda. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda item, the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to three minutes. 3.Public Hearings. The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, the action that the hearing City Council may take on the matter, and will state the manner in which the hearing will proceed. Staff will first give a report, followed by testimony of experts, followed then by public comment/testimony. All speakers must speak into the microphone and clearly state their names and addresses. All comments should be addressed to the City Council, should be relevant to the topic, and should not be of a personal nature. Public testimony may be limited to three minutes, unless further time is granted by the Mayor. If there are a large number of speakers, a representative may be appointed to speak on behalf of the group. a.A public hearing for the purpose of receiving public comment regarding the sale, possession, and discharge of fireworks within the City of East Wenatchee. Pg. 24 i.Motion by City Council requesting an ordinance be prepared and brought forward for consideration to the March 15, 2022 Council Meeting changing, prohibiting, or allowing the sale or discharge of consumer fireworks, as defined in WAC exceptaerial devices, aerial spinner and aerial shell kit, for the July 4th and or New Year’s holidays. 3/1/2022 Council Meeting Agenda Packet 1 of 111 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) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 3/1/2022 Council Meeting Agenda Page 2 of 3 4. Presentations. a. Wenatchee Valley Museum & Cultural Center Presentation – Laurel Turner, Interim Executive Director & Marriah Thornock, Director of Operations and Special Projects. 5. Department Report. a. Police Department Annual Report – Rick Johnson, Police Chief and Erik Hampton, Assistant Police Chief. Pg. 27 6. Mayor’s Report. a. Red Cross Month Proclamation. Pg. 35 b. Mask Mandate Lift. c. Well City Award Notification. Pg. 36 d. Strategic Plan Presentations. 7. Action Items. a. First reading of Ordinance 2022-04, amending chapter 9.12 of the East Wenatchee Municipal Code to include mayoral authority to ban sales and discharge of fireworks within the City under certain conditions – Sean Lewis, Deputy Prosecutor. Pg. 38 Request to suspend the second reading. Motion by City Council to approve Ordinance 2022-04 amending chapter 9.12 of the East Wenatchee Municipal Code as presented. b. Resolution 2022-10, authorizing the Mayor to execute a consultant agreement between the City of East Wenatchee and Perteet Engineering for the 3rd St SE & Rock Island Road signal project No. 2021-11 – Garren Melton, Public Works Manager. Pg. 44 Motion by City Council to approve Resolution 2022-10 and authorize the Mayor to sign the consultant agreement with Perteet Engineering for the 3rd St SE & Rock Island Road Signal project. c. Resolution 2022-11, authorizing the Mayor to execute a consultant agreement supplement between the City of East Wenatchee and RH2 Engineering for the Hamilton Street Reconstruction project No. 2021-02 – Garren Melton, Public Works Manager. Pg. 75 Motion by City Council to approve Resolution 2022-11 authorizing the Mayor to sign the supplemental agreement with RH2 Engineering for the Hamilton Street Improvement Project. 3/1/2022 Council Meeting Agenda Packet 2 of 111 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) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 3/1/2022 Council Meeting Agenda Page 3 of 3 d. Resolution 2022-14, authorizing the Mayor to sign an Interlocal Cooperative Agreement for the Columbia River Task Force replacing the October 1, 2019 agreement – Rick Johnson, Police Chief. Pg. 84 Motion by City Council to approve Resolution 2022-14 and authorize the Mayor to sign the Columbia River Task Force cooperative agreement. e. An agreement between the City of East Wenatchee and PISCES International to provide no-cost cybersecurity monitoring – Ike Lasswell, I.S. Manager. Pg. 99 Motion by City Council to authorize the Mayor to sign the proposed Statement of Service between the City of East Wenatchee and PISCES International. 8. Council Reports & Announcements. a. Reports/New Business of Council Committees 9. Adjournment. 3/1/2022 Council Meeting Agenda Packet 3 of 111 CHECKS: 56307 - 56349 VOIDED CHECKS: None DEPARTMENT/FUND AMOUNT General Fund 001 $42,960.68 Rainy Day Fund 002 $0.00 Street Fund 101 $18,262.84 Community Dev Grants Funds 102 $0.00 Affordable Housing Tax Fund 103 $0.00 Housing & Related Services Fund 104 $0.00 Transportation Benefit District Fund 105 $0.00 Library Fund 112 $43.00 Hotel/Motel Tax Fund 113 $15,000.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $136.76 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $19,529.85 Capital Improvements Fund 314 $11,829.59 Stormwater Fund 401 $12,007.74 Equipment R&R Fund 501 $746.93 Cafeteria Plan 634 $0.00 Custodial Activities 635 $216.00 Grand Total All Funds $120,733.39 CITY OF EAST WENATCHEE CHECK REGISTER March 1, 2022 Payables 3/1/2022 Council Meeting Agenda Packet 4 of 111 Fund Number Description Amount 001 General Fund $42,960.68 101 Street Fund $18,262.84 112 Library Fund $43.00 113 Hotel/Motel Tax Fund $15,000.00 117 Events Board Fund $136.76 301 Street Improvements Fund $19,529.85 314 Capital Improvements Fund $11,829.59 401 Stormwater Fund $12,007.74 501 Equipment Purchase, Repair & Replacement Fund $746.93 635 Custodial Activities Fund $216.00 Count: 10 $120,733.39 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2022 - March 2022 - March 1st Council Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:09:58 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 3/1/2022 Council Meeting Agenda Packet 5 of 111 Vendor Number Reference Account Number Description Amount AG Supply Company INC 56309 2022 - March 2022 - March 1st Council 485680 101-000-420-542-30-30-00 Supplies - Roadway $14.27 Total 485680 $14.27 485747 Batteries 401-000-008-531-00-30-05 Supplies - NPDES PPGH $20.79 Total 485747 $20.79 485968 117-000-500-557-30-49-01 Christmas - Miscellaneous $84.50 Total 485968 $84.50 485969 001-000-180-518-30-35-00 Small Tools & Equipment $13.64 Total 485969 $13.64 485972 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $7.58 Total 485972 $7.58 Total 56309 $140.78 Total AG Supply Company INC $140.78 ARC Architects, Inc. 56310 2022 - March 2022 - March 1st Council 0000000020 Professional Services - Public Works/PD Space Needs 314-000-000-594-22-60-50 Maintenance Facilities Design $9,910.20 Total 0000000020 $9,910.20 Total 56310 $9,910.20 Total ARC Architects, Inc.$9,910.20 Builders Exchange of Washington INC 56311 2022 - March 2022 - March 1st Council 1071119 314-000-000-594-22-60-50 Maintenance Facilities Design $540.75 Total 1071119 $540.75 Total 56311 $540.75 Total Builders Exchange of Washington INC $540.75 Voucher Directory Fiscal: : 2022 - March 2022 Council Date: : All Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 1 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 6 of 111 Vendor Number Reference Account Number Description Amount Chelan County Treasurer 56312 2022 - March 2022 - March 1st Council 150001-01624 001-000-230-523-60-20-00 Medical Care - Prisoners $1,716.19 Total 150001-01624 $1,716.19 150001-01625 001-000-230-523-60-20-00 Medical Care - Prisoners $37.20 Total 150001-01625 $37.20 150001-01626 001-000-230-523-60-20-00 Medical Care - Prisoners $134.04 Total 150001-01626 $134.04 Total 56312 $1,887.43 Total Chelan County Treasurer $1,887.43 Chelan Douglas Transportation Council c/o Douglas County Auditor Attn: Karen Goodwin 56313 2022 - March 2022 - March 1st Council #cdtc - 22 Annual CDTC Membership Fee 001-000-001-558-60-41-00 Chelan-Douglas Transportation Council $16,252.00 Total #cdtc - 22 $16,252.00 Total 56313 $16,252.00 Total Chelan Douglas Transportation Council c/o Douglas County Auditor Attn: Karen Goodwin $16,252.00 Cintas Corporation 607 56314 2022 - March 2022 - March 1st Council 4110088142 001-000-210-521-10-48-00 Repairs & Maintenance $16.45 101-000-430-543-30-30-00 Supplies - General Services $26.09 Total 4110088142 $42.54 4110776149 001-000-180-518-30-41-00 Professional Services $177.01 001-000-210-521-10-48-00 Repairs & Maintenance $57.85 Total 4110776149 $234.86 4110776178 001-000-210-521-10-48-00 Repairs & Maintenance $16.48 101-000-430-543-30-30-00 Supplies - General Services $40.15 Total 4110776178 $56.63 Total 56314 $334.03 Total Cintas Corporation 607 $334.03 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 2 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 7 of 111 Vendor Number Reference Account Number Description Amount Commercial Printing, Inc. 56315 2022 - March 2022 - March 1st Council 127825 24 page Event Book 001-000-111-513-00-40-02 Professional Services $541.75 Total 127825 $541.75 127899 B & W Logo Envelopes 001-000-140-514-20-31-00 Office Supplies $197.16 Total 127899 $197.16 Total 56315 $738.91 Total Commercial Printing, Inc.$738.91 Daily Journal of Commerce 56316 2022 - March 2022 - March 1st Council 3375278 314-000-000-594-22-60-50 Maintenance Facilities Design $754.40 Total 3375278 $754.40 3375436 301-000-000-595-64-40-01 Design - 9th/VMP Intersection $291.50 Total 3375436 $291.50 Total 56316 $1,045.90 Total Daily Journal of Commerce $1,045.90 Douglas County PUD 56317 2022 - March 2022 - March 1st Council 702387 01.26.2022 101-000-420-542-63-47-00 Utilities - Street Lighting $18.00 Total 702387 01.26.2022 $18.00 745731 01.26.2022 101-000-420-542-63-47-00 Utilities - Street Lighting $58.00 Total 745731 01.26.2022 $58.00 759936 Late Notice 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $32.00 Total 759936 Late Notice $32.00 Total 56317 $108.00 Total Douglas County PUD $108.00 Douglas County Sewer District 56318 2022 - March 2022 - March 1st Council 020956-000 03.31.2022 001-000-180-518-30-47-01 Utilities - Simon St.$456.82 Total 020956-000 03.31.2022 $456.82 Total 56318 $456.82 Total Douglas County Sewer District $456.82 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 3 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 8 of 111 Vendor Number Reference Account Number Description Amount Doug's Diesel Repair Inc 56319 2022 - March 2022 - March 1st Council 50398 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $297.53 Total 50398 $297.53 50455 Truck #24 Inspection 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $75.81 Total 50455 $75.81 50461 Truck #23 Inspection 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $75.81 Total 50461 $75.81 Total 56319 $449.15 Total Doug's Diesel Repair Inc $449.15 East Wenatchee Water Dist 56320 2022 - March 2022 - March 1st Council 000520-000 02.15.2022 101-000-420-542-75-47-00 Utilities - City Parks $104.00 Total 000520-000 02.15.2022 $104.00 000524-000 02.15.2022 101-000-420-542-75-47-00 Utilities - City Parks $0.00 101-000-430-543-50-47-00 Utilities - Facilities $86.10 Total 000524-000 02.15.2022 $86.10 000526-000 02.15.2022 101-000-420-542-75-47-00 Utilities - City Parks $151.72 112-000-000-572-50-47-00 Facilities - Utilities $12.83 Total 000526-000 02.15.2022 $164.55 013966-000 02.15.2022 101-000-420-542-75-47-00 Utilities - City Parks $5.10 Total 013966-000 02.15.2022 $5.10 022920-000 02.15.2022 001-000-180-518-30-47-00 Utilities $82.50 Total 022920-000 02.15.2022 $82.50 030620-000 02.15.2022 101-000-420-542-75-47-00 Utilities - City Parks $41.00 Total 030620-000 02.15.2022 $41.00 Total 56320 $483.25 Total East Wenatchee Water Dist $483.25 Fastenal Company 56321 2022 - March 2022 - March 1st Council WAWEN241339 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $44.10 Total WAWEN241339 $44.10 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 4 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 9 of 111 Vendor Number Reference Account Number Description Amount WAWEN241606 101-000-430-543-30-30-00 Supplies - General Services $381.46 Total WAWEN241606 $381.46 WAWEN241674 101-000-430-543-30-30-00 Supplies - General Services $30.50 Total WAWEN241674 $30.50 Total 56321 $456.06 Total Fastenal Company $456.06 GMCO 56322 2022 - March 2022 - March 1st Council 22-3293 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $12,646.00 Total 22-3293 $12,646.00 Total 56322 $12,646.00 Total GMCO $12,646.00 Hurst Construction/dba 56323 2022 - March 2022 - March 1st Council Pay Estimate 7 301-000-000-595-30-60-05 Construction - 10th St. NE Improvements $4,027.11 Total Pay Estimate 7 $4,027.11 Total 56323 $4,027.11 Total Hurst Construction/dba $4,027.11 Joshua Virnig 56324 2022 - March 2022 - March 1st Council Invoice - 2/23/2022 11:31:04 AM Clothing/Equipment Allowance - Virnig 001-000-210-521-10-20-01 Clothing Allowance $528.43 Total Invoice - 2/23/2022 11:31:04 AM $528.43 Total 56324 $528.43 Total Joshua Virnig $528.43 Kelley Connect 56325 2022 - March 2022 - March 1st Council 30958417 001-000-141-514-20-31-01 Office Machine Costs $319.22 Total 30958417 $319.22 Total 56325 $319.22 Total Kelley Connect $319.22 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 5 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 10 of 111 Vendor Number Reference Account Number Description Amount Keyhole Security Center Inc 56326 2022 - March 2022 - March 1st Council 337532 001-000-180-518-30-48-00 Repairs & Maintenance $1,165.25 Total 337532 $1,165.25 Total 56326 $1,165.25 Total Keyhole Security Center Inc $1,165.25 KPG, P.S. 56327 2022 - March 2022 - March 1st Council 1-19422 301-000-000-595-10-40-24 Design - SRTS - 5th St NE: Kenroy $6,024.97 Total 1-19422 $6,024.97 1-19522 301-000-000-595-10-40-23 Design - SRTS - 5th St NE: Sterling $6,172.77 Total 1-19522 $6,172.77 Total 56327 $12,197.74 Total KPG, P.S.$12,197.74 Landon Jensen 56307 2022 - March 2022 - March 1st Council Invoice - 2/18/2022 8:50:28 AM Police - Jensen Travel - Defensive Tactics 001-000-210-521-10-43-00 Travel $1,333.53 Total Invoice - 2/18/2022 8:50:28 AM $1,333.53 Total 56307 $1,333.53 Total Landon Jensen $1,333.53 LB# 1086 Lakeside Industries Inc 56328 2022 - March 2022 - March 1st Council 186963 101-000-420-542-30-30-00 Supplies - Roadway $2,146.32 Total 186963 $2,146.32 Total 56328 $2,146.32 Total LB# 1086 Lakeside Industries Inc $2,146.32 Localtel Communications 56329 2022 - March 2022 - March 1st Council 02.07.2022 001-000-141-514-20-42-01 Telephone Line Charges $297.54 Total 02.07.2022 $297.54 Total 56329 $297.54 Total Localtel Communications $297.54 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 6 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 11 of 111 Vendor Number Reference Account Number Description Amount MRSC Rosters c/o Sandra Vong 56330 2022 - March 2022 - March 1st Council PS1MSE-022022-0916 001-000-315-542-10-49-00 Training $35.00 Total PS1MSE-022022-0916 $35.00 PS2SER-022022-0917 001-000-315-542-10-49-00 Training $35.00 Total PS2SER-022022-0917 $35.00 Total 56330 $70.00 Total MRSC Rosters c/o Sandra Vong $70.00 Norco Enterprise, Inc. 56331 2022 - March 2022 - March 1st Council 33921923 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $91.42 Total 33921923 $91.42 Total 56331 $91.42 Total Norco Enterprise, Inc.$91.42 North Cascades Heating & Air Conditioning, Inc 56332 2022 - March 2022 - March 1st Council 29019 - 1st Quarter 2022 001-000-180-518-30-41-00 Professional Services $2,642.25 Total 29019 - 1st Quarter 2022 $2,642.25 Total 56332 $2,642.25 Total North Cascades Heating & Air Conditioning, Inc $2,642.25 O'Reilly 56333 2022 - March 2022 - March 1st Council 2521-272144 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $101.85 Total 2521-272144 $101.85 2521-272200 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $83.37 Total 2521-272200 $83.37 2521-272234 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $219.63 Total 2521-272234 $219.63 2521-272272 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $45.04 Total 2521-272272 $45.04 2521-272399 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $497.63 Total 2521-272399 $497.63 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 7 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 12 of 111 Vendor Number Reference Account Number Description Amount 2521-272404 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $18.42 Total 2521-272404 $18.42 2521-27263 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $71.62 Total 2521-27263 $71.62 2521-272858 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $35.98 Total 2521-272858 $35.98 2521-273126 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH ($36.01) Total 2521-273126 ($36.01) 2521-273132 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $20.59 Total 2521-273132 $20.59 2521-273209 501-000-000-542-90-48-30 Street Equipment Repairs $24.61 Total 2521-273209 $24.61 2521-273211 501-000-000-542-90-48-25 Street Vehicle Repair Supplies $67.34 Total 2521-273211 $67.34 2521-273248 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $107.16 Total 2521-273248 $107.16 2521-274305 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $32.99 Total 2521-274305 $32.99 2521-274355 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $18.93 Total 2521-274355 $18.93 2521-274417 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $154.44 Total 2521-274417 $154.44 2521-274627 401-000-008-531-00-40-04 Repairs & Maint. - NPDES PPGH $204.39 Total 2521-274627 $204.39 2521-274628 001-000-580-558-60-48-00 Repairs & Maintenance $11.54 Total 2521-274628 $11.54 2521-274810 501-000-000-542-90-48-25 Street Vehicle Repair Supplies $39.67 Total 2521-274810 $39.67 2521-275685 501-000-000-542-90-48-25 Street Vehicle Repair Supplies $123.51 Total 2521-275685 $123.51 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 8 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 13 of 111 Vendor Number Reference Account Number Description Amount Total 56333 $1,842.70 Total O'Reilly $1,842.70 Pacific Engineering & Design, PLLC 56334 2022 - March 2022 - March 1st Council 4037 - January Billing 2022 401-000-011-594-31-60-04 19th Stormwater Facility Design $10,353.50 Total 4037 - January Billing 2022 $10,353.50 Total 56334 $10,353.50 Total Pacific Engineering & Design, PLLC $10,353.50 Patrick McMahon 56335 2022 - March 2022 - March 1st Council 2.09.2022 001-000-120-512-50-49-02 Judge Protems $300.00 Total 2.09.2022 $300.00 Total 56335 $300.00 Total Patrick McMahon $300.00 Rh2 Engineering, Inc. 56336 2022 - March 2022 - March 1st Council 84935 301-000-000-595-30-40-42 SDC - 10th St. NE Improvements $3,013.50 Total 84935 $3,013.50 Total 56336 $3,013.50 Total Rh2 Engineering, Inc.$3,013.50 Spirit of Wenatchee Project 56337 2022 - March 2022 - March 1st Council Annual Contribution 2022 001-000-001-558-70-41-10 Spirit of Wenatchee Miss Veedol $3,000.00 Total Annual Contribution 2022 $3,000.00 Total 56337 $3,000.00 Total Spirit of Wenatchee Project $3,000.00 Star Rentals 56338 2022 - March 2022 - March 1st Council 602606-14 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $439.83 Total 602606-14 $439.83 Total 56338 $439.83 Total Star Rentals $439.83 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 9 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 14 of 111 Vendor Number Reference Account Number Description Amount State Auditor's Office 56339 2022 - March 2022 - March 1st Council L145953 001-000-142-514-20-40-00 State Audit $4,162.08 Total L145953 $4,162.08 L146543 001-000-142-514-20-40-00 State Audit $6,176.52 Total L146543 $6,176.52 Total 56339 $10,338.60 Total State Auditor's Office $10,338.60 The Wenatchee World 56340 2022 - March 2022 - March 1st Council 02.02.2022 Advertisements for bids 314-000-000-594-22-60-50 Maintenance Facilities Design $624.24 Total 02.02.2022 Advertisements for bids $624.24 484960 Public Hearing 001-000-580-558-60-44-00 Advertising $216.75 Total 484960 Public Hearing $216.75 488048 Fireworks Public Hearing 001-000-140-514-20-44-00 Advertising $295.46 Total 488048 Fireworks Public Hearing $295.46 488066 Ordinance 2022.03 001-000-140-514-20-44-00 Advertising $82.19 Total 488066 Ordinance 2022.03 $82.19 Total 56340 $1,218.64 Total The Wenatchee World $1,218.64 Tidd Inc. dba: Still Properties 56341 2022 - March 2022 - March 1st Council 8170 Snow Removal 001-000-001-558-60-41-00 Chelan-Douglas Transportation Council $57.45 Total 8170 $57.45 Total 56341 $57.45 Total Tidd Inc. dba: Still Properties $57.45 Town Chrysler Jeep Dodge INC 56342 2022 - March 2022 - March 1st Council 27625 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $377.06 Total 27625 $377.06 Total 56342 $377.06 Total Town Chrysler Jeep Dodge INC $377.06 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 10 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 15 of 111 Vendor Number Reference Account Number Description Amount Tye Sheats 56308 2022 - March 2022 - March 1st Council Invoice - 2/18/2022 8:51:23 AM Police - Travel Sheats - Defensive Tactics 001-000-210-521-10-43-00 Travel $1,610.53 Total Invoice - 2/18/2022 8:51:23 AM $1,610.53 Total 56308 $1,610.53 Total Tye Sheats $1,610.53 Valley Tractor and Rentals 56343 2022 - March 2022 - March 1st Council C912344 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $757.07 Total C912344 $757.07 Total 56343 $757.07 Total Valley Tractor and Rentals $757.07 Verizon Wireless 56344 2022 - March 2022 - March 1st Council 9898726069 Bill 02.03.2022 001-000-111-513-00-40-03 Cell Phone $42.08 001-000-145-514-20-42-00 Cell Phone $62.26 001-000-151-515-31-42-01 Cell Phone $52.26 101-000-430-543-50-42-01 Cell Phone $88.31 117-000-100-557-30-42-00 Cell Phone $52.26 401-000-001-531-00-40-00 Cell Phone $52.26 Total 9898726069 $349.43 Total 56344 $349.43 Total Verizon Wireless $349.43 Wash ST Dept of Licensing 56345 2022 - March 2022 - March 1st Council EWP002494 Vargas 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002494 Vargas $18.00 EWP002501 Johnson 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002501 Johnson $18.00 EWP002505 Robertson 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002505 Robertson $18.00 EWP002506 Ramsden 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002506 Ramsden $18.00 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 11 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 16 of 111 Vendor Number Reference Account Number Description Amount EWP002507 Armstrong Steven 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002507 Armstrong Steven $18.00 EWP002508 Armstrong Amy 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002508 Armstrong Amy $18.00 EWP002509 Cordero 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002509 Cordero $18.00 EWP002518 Hankins 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002518 Hankins $18.00 EWP002519 Scott 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002519 Scott $18.00 EWP002520 Baker 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 635-000-000-589-30-00-03 Gun Permit State Remittance $0.00 Total EWP002520 Baker $18.00 EWP002521 Martinez Garza 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002521 Martinez Garza $18.00 EWP002522 Wagg 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002522 Wagg $18.00 Total 56345 $216.00 Total Wash ST Dept of Licensing $216.00 Wenatchee Reclamation District 56346 2022 - March 2022 - March 1st Council 792000 000000 1 2022 Assessment - Peach Haven Estates 401-000-008-531-00-40-06 Utilities $160.80 Total 792000 000000 1 $160.80 82000 000430 1 2022 Assessment - Simon St. 001-000-180-518-30-47-01 Utilities - Simon St.$127.20 Total 82000 000430 1 $127.20 Total 56346 $288.00 Total Wenatchee Reclamation District $288.00 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 12 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 17 of 111 Vendor Number Reference Account Number Description Amount Wenatchee Valley Chamber 56347 2022 - March 2022 - March 1st Council 2022 payment 1/3 contract 113-000-000-557-30-41-10 Contributions to Other Entities $15,000.00 Total 2022 payment 1/3 contract $15,000.00 Total 56347 $15,000.00 Total Wenatchee Valley Chamber $15,000.00 Xerox Corporation 56348 2022 - March 2022 - March 1st Council 015465616 001-000-120-594-12-60-00 Capital Outlay $292.32 Total 015465616 $292.32 Total 56348 $292.32 Total Xerox Corporation $292.32 Ziply Fiber 56349 2022 - March 2022 - March 1st Council 0489090294-5 02.07.2022 001-000-180-518-30-47-00 Utilities $416.73 112-000-000-572-50-47-00 Facilities - Utilities $30.17 Total 0489090294-5 02.07.2022 $446.90 1524-100703-5 02.10.2022 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $85.58 Total 1524-100703-5 02.10.2022 $85.58 3132-110891-5 02.04.2022 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $114.72 Total 3132-110891-5 02.04.2022 $114.72 5236-041394-5 02.04.2022 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $124.29 Total 5236-041394-5 02.04.2022 $124.29 5308-041394-5 02.04.2022 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $124.47 Total 5308-041394-5 02.04.2022 $124.47 5447062597-5 02.04.2022 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $114.71 Total 5447062597-5 02.04.2022 $114.71 Total 56349 $1,010.67 Total Ziply Fiber $1,010.67 Grand Total Vendor Count 43 $120,733.39 Printed by EASTWENATCHEE\jdelay on 2/24/2022 8:10:23 AM Page 13 of 13 East Wenatchee - Voucher Directory 3/1/2022 Council Meeting Agenda Packet 18 of 111 2/10/2022 Council Workshop Minutes Page 1 of 2 CITY OF EAST WENATCHEE 271 9th Street NE * East Wenatchee, WA 98802 Phone (509) 884-9515 * Fax (509) 884-6233 City Council Workshop In person & Zoom East Wenatchee City Hall 271 9th St. NE East Wenatchee, WA 98802 Minutes Thursday, February 10, 2022 In attendance: Mayor Jerrilea Crawford Josh DeLay, Finance Director Councilmember John Sterk Lori Barnett, Community Development Director Councilmember Harry Raab Curtis Lillquist, Planning Manager Councilmember Sleiman (zoom) Garren Melton, Public Works Manager Councilmember Magdoff Maria Holman, City Clerk Councilmember Johnson 5:30 p.m. Council Workshop. Councilmember Magdoff opened the meeting. 1.Chair of the Indigenous Roots & Reparation Foundation Mary Big Bull-Lewis andSecretary Shelly Nelson presented information to the Council regarding a letterthey submitted last October. Their request is to change the City’s calendar fromrecognizing Columbus Day to Indigenous People’s Day which falls in October each year. Comments provided by Councilmember Sleiman, and Mayor Crawford. No action was taken by the Council. 2.Finance Director Josh DeLay presented an end of year 2021 Financial Report. Comments provided by Mayor Crawford, Councilmember Sleiman, and Councilmember Johnson. No action was taken by the Council. 3.Planning Manager Curtis Lillquist presented a review of annual amendmentsmade to the Greater East Wenatchee Area Comprehensive Plan and theMunicipal Code. Comments provided by Councilmember Sleiman, Councilmember Raab, and Mayor Crawford. 3/1/2022 Council Meeting Agenda Packet 19 of 111 2/10/2022 Council Workshop Minutes Page 2 of 2 No action was taken by the Council. 4.Community Development Director Lori Barnett presented Our Valley Our Future(OVOF) new action plan and the selection of action items for City participation to the Council. Comments provided by Councilmember Raab, Mayor Crawford, Councilmember Sleiman, and Planning Manager Curtis Lillquist. No action was taken by the Council. Adjournment. With no further business, the meeting adjourned at 7:13 p.m. ____________________________ Attest: Jerrilea Crawford, Mayor _______________________________ Maria E. Holman, City Clerk 3/1/2022 Council Meeting Agenda Packet 20 of 111 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) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 2/15/2022 Council Meeting Minutes Page 1 of 3 East Wenatchee City Council Meeting In Person and Zoom Tuesday, February 15, 2022 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 Minutes In attendance: Staff in attendance: Mayor Jerrilea Crawford Josh DeLay, Finance Director Councilmember John Sterk Curtis Lillquist, Planning Manager Councilmember Robert Tidd Garren Melton, Public Works Manager Councilmember Sasha Sleiman Maria Holman, City Clerk Councilmember Shayne Magdoff Councilmember Christine Johnson 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. a. Motion by Councilmember Tidd to excuse Councilmember Raab from the meeting. Councilmember Johnson seconded the motion. Motion carried (5-0). b. Motion by Councilmember Tidd to excuse Councilmember Hepner from the meeting. Councilmember Sleiman seconded the motion. Motion carried (5-0). 1. Consent Items: Vouchers: a. Date: 2/15/2022, Checks: 56243; 56249 - 56295; 56297 - 56299, in the amount of $173,865.13, and voided checks: 56296. b. January 2022 Payroll Certification. Minutes: c. 2/1/2022 Council Meeting Minutes. Motion by Councilmember Sterk to approve consent items as presented. Councilmember Magdoff seconded the motion. Motion carried (5-0). 2. Citizen Requests/Comments. None. 3. Presentations. None. 4. Department Report. None. 5. Mayor’s Report. None. 3/1/2022 Council Meeting Agenda Packet 21 of 111 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) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 2/15/2022 Council Meeting Minutes Page 2 of 3 6. Action Items. a. Finance Director Josh DeLay presented a first reading of Ordinance 2022-03, fixing and confirming the salaries and compensation to be paid to certain officials and employees of the City of East Wenatchee during the year 2022, specifically the Deputy Prosecuting Attorney position with this ordinance. Mayor Crawford suspended the second reading. Comments provided by Councilmember Magdoff, Mayor Crawford and Councilmember Johnson. Motion by Councilmember Tidd to approve Ordinance 2022-03, fixing and confirming the salaries and compensation to be paid to certain officials and employees of the City of East Wenatchee during the year 2022. Councilmember Sleiman seconded the motion. Motion carried (5-0). b. Public Works Manager Garren Melton presented Resolution 2022-08, authorizing the Mayor to sign a Bridge Inspection Agreement between the City of East Wenatchee and the Washington State Department of Transportation for bridge inspection services. Comments provided by Councilmember Sterk and Mayor Crawford. Motion by Councilmember Sterk to approve Resolution 2022-08, authorizing the Mayor to execute the Bridge Inspection Agreement between WSDOT and the City of East Wenatchee. Councilmember Johnson seconded the motion. Motion carried (5-0). c. Public Works Manager Garren Melton presented Resolution 2022-09, Washington State Department of Ecology water quality stormwater capacity grant agreement. Comments provided by Councilmember Magdoff. Motion by Councilmember Magdoff to approve Resolution 2022-09, authorizing the Mayor to execute the Washington State Department of Ecology water quality stormwater capacity grant agreement (Agreement No. WQSWCAP-2123-Ewena- 00141). Councilmember Tidd seconded the motion. Motion carried (5-0). 7. Council Reports & Announcements. a. Councilmember Sleiman shared that the annual Wenatchee Valley Chamber of commerce banquet is scheduled on March 31, 2022, 5:30 p.m., and that there are still sponsorship opportunities. Councilmember Sleiman also shared that business after hours will take place next Thursday, February 24, 2022, at the Wenatchee Coast Hotel. 3/1/2022 Council Meeting Agenda Packet 22 of 111 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) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.) 2/15/2022 Council Meeting Minutes Page 3 of 3 b. Mayor Crawford reported that the State of the Counties will be tomorrow Wednesday, February 16, 2022, 8:00 a.m., on zoom. Registrations is open at wenatchee.org. c. Councilmember Magdoff provided a council representative update for the Housing Authority of Chelan County and City of Wenatchee Board. 8. Adjournment. With no further business, the meeting adjourned at 6:19 p.m. Jerrilea Crawford, Mayor Attest: Maria E. Holman, City Clerk 3/1/2022 Council Meeting Agenda Packet 23 of 111 East Wenatchee Council Agenda Bill To: Mayor and Council From/Presenter: Sean P. Lewis, Assistant City Attorney Subject: Proposed motion format for the Council to request that the Mayor direct staff to prepare a fireworks-related ordinance involving the same and discharge of fireworks within city boundaries. Date: March 1, 2022 I. Summary Title: Proposed motion format for the Council to request that the Mayor direct staff to prepare a fireworks-related ordinance involving the sale and discharge of fireworks within city boundaries. II. Background/History: Currently, Chapter 9.12 of the EWMC allows sale of fireworks for July 4, and further allows the discharge of fireworks for July 4 and New Years. The City has had a number of Council Workshops to discuss opinions, options, fire conditions, etc., relating to the sale and discharge of fireworks. Recently, various parties including the police chief, fire chief and the fire marshall have each expressed professional and personal opinions relating to the subject. In a most recent workshop, various options were provided as examples allowing fireworks going forward, allowing or disallowing sale and/or discharge for July 4, and allowing or disallowing sale and/or discharge for New Years. It is proposed that after a public hearing on the topic, and after further discussion including City Staff, the Mayor and the City Council, that a motion be made by the Council and voted on, wherein the motion if roughly of the format attached here. This motion is not to approve or ban the sale/discharge of fireworks, but rather to propose the structure of an ordinance to be later voted on at a subsequent city council meeting. III. Recommended Action: Motion by Council to request that the Mayor direct staff to prepare an ordinance for later presentation to council regarding the sale and discharge of fireworks within the city limits. City of 3/1/2022 Council Meeting Agenda Packet 24 of 111 IV. Exhibits: Proposed Motion format.   3/1/2022 Council Meeting Agenda Packet 25 of 111 Motion to request that Mayor Crawford instruct staff to prepare an Ordinance  <prohibiting>  <allowing>  The sale of fireworks for July 4,  and  <prohibiting>  <allowing>  The discharge of fireworks for July 4  and   <prohibiting>  <allowing>  And  the sale of fireworks for New Years,  and  <prohibiting>  <allowing>  the discharge of fireworks for New Years,   NOTE ONLY:  wherein, if fireworks sales/discharge is allowed:   Fireworks as meant above includes consumer fireworks as defined in the WAC except    Aerial device, aerial spinner and aerial shell kit.       3/1/2022 Council Meeting Agenda Packet 26 of 111 16 EAST WENATCHEE POLICE DEPARTMENT 271 9TH ST NE EAST WENATCHEE WA 98802 https://www.eastwenatcheewa.gov/government/departments/police Facebook: cityofeastwenatchee Instagram: @eastwenatcheepolice 1 CHIEF RICK JOHNSON EAST WENATCHEE POLICE 2021 ANNUAL REPORT 3/1/2022 Council Meeting Agenda Packet 27 of 111 2 CHIEF’S MESSAGE In 2021, we turned the page for the East Wenatchee Police Department. We completed our first full year under a new Administratfon. As we contfnue to work through the Loaned Executfve Management Assistance Program Report or (LEMAP) we are setting goals and then meetfng or exceeding them. The following are in response to recommendatfons from LEMAP. We collaborated with staff to create a new mission statement for the East Wenatchee Police Department. The new statement reads, “The mission of the East Wenatchee Police Department is to ensure the safety and security of the public through strong community partnerships and excellence in service.” The performance of our dutfes will reflect the dedicatfon to our newly established mission statement. In 2021, we implemented a sustainable internal training program for our commissioned staff. Washington State requires 24 hours of contfnuing educatfon annually for police officers with an additfonal 40 hours of patrol tactfcs training once every 3 years. Through collaboratfon with our regional partners, officers at the East Wenatchee Police Department received a combined 2,004 hours of training for an average of 95.4 hours of training per officer in 2021. The training included de-escalatfon tactfcs, updates on legislatfve changes in the law, patrol tactfcs, emergency vehicle operatfon, crisis interventfon training, firearms training, and defensive tactfcs along with various recertfficatfons. In June, we completed our second anonymous internal culture survey. Listed below were the increases observed in the survey: 48% improvement in “Supervisors communicatfng officer expectatfons consistently.” 51% improvement in “Employees feeling like they are working towards a common goal.” 52% improvement in “Employees feeling valued and supported by their Administratfon.” 58% improvement in “Employees feeling they are receiving the necessary training to perform their assignment.” 94% of EWPD employees feel comfortable bringing new ideas or changes to the Administratfon. This same questfon was asked in June of 2020 and only 38% felt this way. Rolling into 2022 we have both commissioned and non-commissioned working under new four-year labor contracts. Design work and preparatfon has begun on our new office with a tentatfve move in date of July/ August. We have reunited with the Eastmont School District to bring back the School Resource Officer Program this Spring and the groundwork has been laid to keep us at full staff startfng in April. The East Wenatchee Police Department is looking forward to an excitfng 2022. Chief Rick Johnson 15 3/1/2022 Council Meeting Agenda Packet 28 of 111 14 There are three values each member of the department exemplifies daily in the performance of their duties. Service It is every member of the East Wenatchee Police Department’s honor and privilege to serve the citizens, businesses and visitors of East Wenatchee . We strive to be responsive, responsible, and respectful to those we serve; committed to providing our community with the best possible police services. We understand our role in helping maintain and enhance the outstanding quality of life we enjoy in East Wenatchee. Pride The East Wenatchee Police Department is extremely proud of the service we deliver and of our high level of integrity. We are proud of our achievements as individuals, as a department and as partners with other departments and agencies in helping make East Wenatchee the best place to live, work, and visit. Integrity Each member of the East Wenatchee Police Department holds themselves and each other to the highest level of integrity. We are honest, transparent, and authentic. We pride ourselves on having and acting with strong moral principles and values. We do what’s right. East Wenatchee Police Department Mission Statement 3 PATROL DIVISION The East Wenatchee Police Department Patrol Division is the foundatfon of police services in East Wenatchee. This division consists of twelve patrol officers and four sergeants, divided into four equal squads. The patrol division provides the community with a variety of patrol services while working 24 hours a day, 365 days a year. Patrol officers respond to emergency and non-emergency calls for service, monitor city traffic, and conduct actfve crime preventfon patrols. The East Wenatchee Patrol Officers are committed to using problem-solving skills and community relatfonships to reduce crime and resolve neighborhood issues before they become unmanageable. All officers in the East Wenatchee Police Department are trained annually in statewide curriculum on topics including Crisis Interventfon, Patrol Tactfcs & De-escalatfon, Firearms & Use of Force and Domestfc Violence Law Updates. 2021 also offered the opportunity for East Wenatchee Police to return to its partfcipatfon in several community outreach events. Natfonal Night Out, an event that promotes police-community partnerships and neighborhood camaraderie was held at Eastmont Community Park. Event sponsors gave away 19 bicycles to kids who attended. This year’s Special Olympics 50/50 Raftfe at the Wenatchee Super Oval set a record for raftfe tfckets sold at the event. In August , Town Toyota hosted a Car Seat Check Up, which offered free inspectfons and educatfon on child safety seat restraint systems by certffied technicians. Officers also attended the first Trunk or Treat event at Wenatchee Valley Mall on Halloween night. East Wenatchee Police ended the year with the Wings and Wishes Tree Lightfng and partnered with Hooked on Toys for the Shop with a Cop event, that provided holiday gifls for families in need. Ben Fauconnier– Patrol Sergeant 3/1/2022 Council Meeting Agenda Packet 29 of 111 4 EAST CASCADE DRUG TASK FORCE EAST CASCADE DRUG TASK FORCE Members of all four agencies (Douglas County, Chelan County, East Wenatchee, and Wenatchee) have placed detectfves in the Task Force. Wenatchee supplied the supervisor. The Task Force will be housed upstairs at the new Simon Street building. The Task Force will begin in January of 2022. As a result of a supreme court decision in 2021 a new mission for the Drug Task Force was formulated. Their new mission is: 1.) Street Crimes 2.) Narcotfcs Suppression 3.) Quality of Life Issues (Homeless, RV’s, Graffitf) 4.) Gang Violence 5.) Community Educatfon Asst. Chief Erik Hampton 13 East Wenatchee Police Department consists of 21 commissioned police officers. EWPD is structured as follows: • Chief of Police • Assistant Chief • 4 Sergeants • 3 Detectives • 12 patrol officers The Sergeants and officers are divided into A and B squads and work 12 hour shifts. Detectives work 10 hour shifts. EWPD handles roughly 7,000 calls for service annually in a city with a population of approximately 15,500 people. EWPD specialty teams are: • SWAT • Drug Task Force • Detective Division 3/1/2022 Council Meeting Agenda Packet 30 of 111 12 Organizational Chart 5 DETECTIVES The East Wenatchee Police Detectfves Unit provides thorough investfgatfons into major crimes and child abuse. The Detectfve Unit was responsible for investfgatfng over 80 incidents in 2021. In additfon, the East Wenatchee Police Detectfve unit has one detectfve assigned to provide digital forensics exams of cell phones to local agencies such as Columbia River Drug Task Force, Washington State Patrol, Washington State Department of Fish & Wildlife and Douglas County Sheriff’s Office. In 2021, approximately 17 requests for digital forensics of cell phones were completed through our office. Notable cases of 2021: An 18-year-old citfzen was found to be manufacturing child pornography and in possession of child pornography. A search warrant was obtained and executed for the suspect and his residence. Multfple electronics and data storage devices were collected that contained thousands of images. The suspect was booked and his case is being considered for federal prosecutfon. A shootfng took place on 6/5/21 in the 100 block of 9th St. N.E. The shootfng stemmed from a recent robbery/assault between two rival gangs. A passenger in the vehicle involved in the shootfng suffered a non-life-threatening gunshot wound to his right leg. Approximately seven suspects involved in the shootfng were arrested and currently await trial. East Wenatchee Police responded to a complaint involving two male juveniles bringing a weapon on to school grounds and being in possession of material indicatfng plans for violence against students. As a result of this investfgatfon three suspects were arrested and potentfal violence averted. In late November, a Marijuana Dispensary was robbed at gun point by three male suspects. A large amount of cash and marijuana product was taken. The suspects are believed to be a group out of the Seattle area that is responsible for numerous robberies. EWPD Detectfves are working with outside agencies and the investfgatfon is stfll ongoing. Det. Brandon Johnson 3/1/2022 Council Meeting Agenda Packet 31 of 111 6 SWAT The Douglas County Regional SRT (Special Response Team) consists of members from the Douglas County Sheriff’s Office, the East Wenatchee Police Department, Ballard Ambulance Services, the Douglas County Fire Department, and Rivercom Dispatch. In 2021 SRT consisted of 10 Douglas County Deputfes, 1 East Wenatchee Police Officer, 2 Tactfcal Dispatchers, 1 Tactfcal Paramedic, and 6 Fire Fighters. The team members were recruited, selected, trained, equipped, and assigned to resolve critfcal incidents involving major threats to public safety which would otherwise exceed the capabilitfes of traditfonal law enforcement first responders and/or investfgatfve units. SRT has access to advanced equipment and tactfcal gear. Each member is outiitted with heavy body armor and trains with it regularly. SRT also utflizes advanced pieces of equipment, for example a Forward-looking infrared or FLIR. This is a thermographic camera that senses infrared radiatfon or heat and turns it into an image. This enhances the team’s ability to located wanted subjects hiding both inside residences and outside rural environments, increasing the level of safety for the community and for the SRT members. All the SRT members receive a minimum of 120 hours of ongoing training each year. The training consists of tactfcs and concepts in dealing with armed wanted subjects, barricaded subjects, hostage rescue, rural operatfons, urban operatfons, vehicle take downs, extractfons, and actfve shooters. In 2021, SRT responded to 1 call for service. This call was to take a homicide suspect into custody, who had barricaded himself in his residence. Calls for barricaded subjects, who refuse to surrender for serious crimes, require specialized training and equipment. At the end of the 2021 year a new regional SWAT team was formed. The team is called the East Cascade Regional SWAT team. The team consists of members from the East Wenatchee Police Department, the Wenatchee Police Department, the Douglas County Sheriff's Office, the Chelan County Sheriff's Office, and the Department of Fish and Wildlife. The goal to combining all the area tactfcal teams was to provide a better and more efficient service to the greater Wenatchee community. We look forward to this new and excitfng opportunity. Sgt. Karsten Garcia 11 2021 STATS REPORTED OFFENSES ALARM 238 ASSAULT 69 BURGLARY 20 CHILD ABUSE/NEGLECT 7 DISORDERLY 246 DUI 49 FORGERY/FRAUD/ID THEFT 50 KIDNAPPING 0 LITTERING 11 MALICIOUS MISCHIEF 104 NOISE 185 ROBBERY 6 SEX OFFENSES 45 THEFT 243 TRESPASS 447 VEHICLE THEFT 20 WEAPON OFFENSE 23 VIOLATIONS ATTEMPT TO ELUDE POLICE 4 DRIVE W/LICENSE SUSPENDED 264 HIT/RUN ATTENDED 2 HIT/RUN UNATTENDED 7 NEGLIGENT DRIVING 9 NO PROOF LIABILITY INSURANCE 179 OPERATOR LICENSE VIOLATIONS 64 PARKING VIOLATIONS 16 RECKLESS DRIVING 3 SEATBELT VIOLATIONS 10 SPEEDING 309 SPEED IN SCHOOL ZONE 6 -TRAFFIC WARNINGS- ——— WARNING FOR SPEEDING 85 WARNING FOR NO INSURANCE 49 3/1/2022 Council Meeting Agenda Packet 32 of 111 10 ACTIVITY SUMMARY ADULT ARRESTS 699 CALLS FOR SERVICE 7582 DV INCIDENT 294 INJURY TRAFFIC COLLISIONS 55 JUVENILE ARRESTS 22 NON-INJURY TRAFFIC COLLISION 187 HOMELESS CONTACTS 375 WARRANT ARRESTS 202 ARRESTS ALCOHOL—DUI / JUVENILE AND ADULT 46 ASSAULT 44 BURGLARY 7 COURT ORDER VIOLATIONS 21 DOMESTIC VIOLENCE ASSAULT 37 DRUG VIOLATIONS 6 FORGERY 3 HARASSMENT 6 MALICIOUS MISCHIEF 22 SEX OFFENSES 1 THEFT 32 TRESPASS 36 2021 STATS 7 Records / Civil Jeanie Bryant– Admin Assistant Andrea Sharp– Records Specialist Stefanie Darnell– Records Specialist 2021 2020 2019 2018 Concealed Pistol Licenses Issued 447 392 368 432 Civil Process 186 186 228 186 Disseminated Records 3196 3106 3116 3252 Warrants 424 311 445 572 Our Records Division is unique to other local law enforcement agencies in that it is located in the same office area as the Police Officers. The records window is located in the north hallway of City Hall, just past the Municipal Court window and is the first point of contact at the Police Department for walk-ins and business line calls. The Records Division processes Concealed Pistol Licenses, Firearm Dealer Licenses, Firearm Transfer Applicatfons, enters warrants and protectfon orders issued by courts, processes all officer citatfons and reports, as well as enters all the data into the database and disseminates to both Municipal and Superior Courts and the related Prosecutors. The Records Division is also responsible for gathering all the informatfon for public and non-public disclosure requests. These are just some of the dutfes performed by the East Wenatchee Police Records Specialists. In additfon to being the Evidence Custodian, the Administratfve Assistant helps the Records Division from tfme to tfme. 3/1/2022 Council Meeting Agenda Packet 33 of 111 8 SGT. CARL MOHNS CHIEF RICK JOHNSON SGT. KARSTEN GARCIA SGT. BEN FAUCONNIER SGT. JAMES MARSHALL OFFICER KELLY GREGORY OFFICER JOSH VIRNIG OFFICER LEEON LEYDE OFFICER ISAAC COOPER ASST. CHIEF ERIK HAMPTON 9 OFFICER MIGUEL VALDEZ OFFICER TYE SHEATS OFFICER JON KNUTSON DET. JOHN PHILLIPS Retired 10/20/21 OFFICER JORDAN CONLEY OFFICER JOSH CABALLERO OFFICER JOE HINKLE- Retired 04/20/2021 DET. BRANDON JOHNSON OFFICER BILL LANE OFFICER IVY JACOBSEN OFFICER LANDON JENSEN OFFICER TRAVIS MASON 3/1/2022 Council Meeting Agenda Packet 34 of 111 American Red Cross Month, 2022 P R O C L A M A T I O N In times of crisis, people of East Wenatchee come together to care for one another. This humanitarian spirit is part of the foundation of our community and is exemplified by American Red Cross volunteers and donors. In 1881, Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering. Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in East Wenatchee who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially, or learn vital life-preserving skills through the Red Cross. In East Wenatchee, the contributions of local Red Cross volunteers give hope to the most vulnerable in their darkest hours — whether it’s providing emergency shelter, food and comfort for families devastated by local disasters like wildfires; educating the community about home fire and natural disaster preparedness; donating essential blood for accident and burn victims, heart surgery and organ transplant patients, and those receiving treatment for leukemia, cancer or sickle cell disease; supporting service members and veterans, along with their families and caregivers, through the unique challenges of military life; helping to save the lives of others with first aid, CPR and other skills; or delivering international humanitarian aid. Their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community. Now, therefore, I, Jerrilea Crawford I, Mayor of East Wenatchee, by virtue of the authority vested in me by the laws of East Wenatchee and the State of Washington, do hereby proclaim March 2022 as Red Cross Month. I encourage all citizens of East Wenatchee to reach out and support its humanitarian mission. In witness whereof, I have hereunto set my hands this 1st day of March, in the year of our Lord two thousand twenty-two, and of the city of East Wenatchee, Washington. Mayor Jerrilea Crawford City of East Wenatchee OFFICE OF THE MAYOR 271 9TH STREET NE * EAST WENATCHEE, WA 98802 PHONE (509) 884-9515 * FAX (509) 884-6233 3/1/2022 Council Meeting Agenda Packet 35 of 111 3/1/2022 Council Meeting Agenda Packet 36 of 111 3/1/2022 Council Meeting Agenda Packet 37 of 111 East Wenatchee Council Agenda Bill To: Mayor and Council From/Presenter: Sean P. Lewis, Assistant City Attorney Subject: Ordinance 2022‐04 ‐ Proposed amendments to chapter 9.12 of the East  Wenatchee Municipal Code to include mayoral authority to ban sales  and discharge fireworks within the City under certain conditions. Date: March 1, 2022 I.Summary Title: An Ordinance of the City of East Wenatchee to amend chapter 9.12 of the East Wenatchee Municipal Code to include mayoral authority to ban sales and discharge fireworks within the City under certain conditions. II.Background/History: In the recent past, drought conditions have resulted in potentially hazardous fire‐related conditions which, coupled with the discharge of fireworks, could result in fires that would not have otherwise occurred.  The resources of the fire department are limited, and could easily be overextended, resulting in unnecessary damage to persons or property, or loss of life. The emergency power proposed here would be available to the mayor under certain narrowly prescribed conditions, but would allow the mayor, in consultation with the fire marshall or other appropriate authorities, to curtail or eliminate the sale or discharge of fireworks for a given time period, in order to minimize the potential for fires. III. Recommended Action: Motion to suspend the second reading and approve Ordinance 2022-04 IV.Exhibits: Proposed Ordinance 2022-04 as Exhibit A City of 3/1/2022 Council Meeting Agenda Packet 38 of 111 City of East Wenatchee, Washington Ordinance No. 2022-04 An Ordinance of the City of East Wenatchee amending chapter 9.12 of the East Wenatchee Municipal Code to include mayoral authority to ban sales and discharge of fireworks within the City under certain conditions, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica el capítulo 9.12 del Código Municipal de East Wenatchee para incluir la autoridad del alcalde para prohibir la venta y descarga de fuegos artificiales dentro de la Ciudad bajo ciertas condiciones, contiene una cláusula de separación y establece una fecha de entrada en vigencia. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con el secretario de la Ciudad al alternateformat@eastwenatcheewa.gov, 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@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 4. Purpose. The purpose of this ordinance is to update the East Wenatchee Municipal Code (EWMC) Chapter 9.12 to include mayoral authority to ban sales and discharge of fireworks within the City under certain conditions. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendment. The City Council amends EWMC Chapter 9.12 as set forth in Exhibit A. 6. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above. 7. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance. 3/1/2022 Council Meeting Agenda Packet 39 of 111 City of East Wenatchee Ordinance 2022-04 and Exhibit A Page 2 of 3 8. 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. 9. 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. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. 10. Effective Date. This Ordinance becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 1st day of March 2022. The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor Authenticated: _____________________________________ Maria Holman, City Clerk Approved as to form only: _____________________________________ Sean P. Lewis, Assistant City Attorney Filed with the City Clerk: 3/23/2022 Passed by the City Council: 3/1/2022 Published: 3/5/2022 Effective Date: 3/11/2022 3/1/2022 Council Meeting Agenda Packet 40 of 111 City of East Wenatchee Ordinance 2022-04 and Exhibit A Page 3 of 3 Summary of Ordinance No. 2022-04 Of the City of East Wenatchee, Washington On the 1st day of March 2022, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2022-04, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee amending chapter 9.12 of the East Wenatchee Municipal Code to include mayoral authority to ban sales and discharge of fireworks within the City under certain conditions, containing a severability clause, and establishing an effective date. The full text of this Ordinance is available at www.eastwenatcheewa.gov. Dated this 1st day of March 2022. _____________________________ Maria Holman, City Clerk 3/1/2022 Council Meeting Agenda Packet 41 of 111 EXHIBIT A 9.12.010 Proclamation of civil emergency. Whenever a civil emergency, or the imminent threat thereof, occurs in the city and results in, or threatens to result in the death or injury of persons or the destruction of or damage to property to such extent as to require, in the judgment of the mayor, extraordinary measures to protect the public peace, safety and welfare, the mayor shall may forthwith proclaim in writing the existence of a civil emergency. In the absence of the mayor, the mayor pro tem may declare an emergency and exercise all other powers awarded to the mayor in this chapter. For purposes of this chapter, a “civil emergency” means: A. A riot, insurrection, enemy attack, sabotage or other hostile action: or B. A natural or human caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause. C. For purposes of Municipal Code Section 8.16, the existence of fire hazard conditions, the determination of which is supported by information from the Douglas County Fire Marshall or other appropriate authority as determined by the mayor. (Ord. 88-3, 1988) 9.12.020 Action which may be taken. A. If the mayor proclaims a civil emergency under sections 9.12.010 A or B above, and during the existence of such civil emergency, the mayor may make and proclaim any or all of the following orders: 1A. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours as she/he deems necessary, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply; 2B. An order requiring any or all business establishments to close and remain closed until further order; 3C. An order requiring the closure of any or all bars, taverns, liquor stores and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor, be allowed to remain open; 4D. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle; 5E. An order closing to the public any or all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas and public buildings; 6F. An order prohibiting the carrying of any instrument which is capable of producing bodily harm and which is carried or possessed with the intent to use the same to cause such harm; provided, that such an order shall not apply to firearms or to peace officers or military personnel engaged in the performance of their official duties; 7G. Such other orders as are imminently necessary for the protection of life and property; provided, however, that any such order shall, at the earliest practical time, be presented to the city council for ratification and confirmation, and if not so ratified and confirmed, such orders shall be void. (Ord. 12-17 § 3, 2012; Ord. 88-3, 1988) B. If the mayor proclaims an emergency under section 9.12.010 C, the mayor may order a ban on sales and discharge of fireworks within the city limits. The mayor’s ban may be rescinded by a vote of a majority of all councilmembers at any regular or special city council meeting. 3/1/2022 Council Meeting Agenda Packet 42 of 111 EXHIBIT A 9.12.030 Delivery to news media. The mayor shall cause any proclamation issued pursuant to the authority of this chapter to be delivered to all news media within the city and shall utilize such other available means, including public address systems, as shall be deemed necessary by the mayor, in his judgment, to give notice of such proclamations to the public. (Ord. 88-3, 1988) 9.12.040 Violation. It shall be a misdemeanor to fail or refuse to obey any order proclaimed by the mayor or mayor pro tem pursuant to the provisions of this chapter. (Ord. 88-3, 1988) 3/1/2022 Council Meeting Agenda Packet 43 of 111 East Wenatchee Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2022-10: 3rd Street SE and Rock Island Road Signal Project Consultant Agreement Date: March 1, 2021 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a consultant agreement between the City of East Wenatchee and Perteet Engineering for the 3rd St SE & Rock Island Road signal project. II. Background/History: The City of East Wenatchee (City) has documented deficiencies at the intersection of 3rd Street SE and Rock Island Road. The Rock Island Road legs are stop controlled, and currently experience excessive delays. Additionally, the current intersection does not have designated crosswalks, and is not ADA compliant. Following a successful Grant application to the Transportation Improvement Board (TIB) Council authorized Mayor Crawford to execute a fuel tax agreement at the December 7, 2021 Council meeting, formally accepting $807,415 in Grant funds. Staff advertised a Request for Qualifications to qualified engineering consulting firms and received two submissions. Based on the proposal scores Perteet was deemed the “most qualified” consultant. The proposed consultant agreement will allow Perteet to perform engineering services to design the signal and take the project through bidding. An additional agreement may be entered into for service during construction. This agreement also includes an optional task requested by WSDOT in which Perteet would perform an analysis of how this signal would interact with a potential roundabout at SR-28 and 3rd Street SE. This is based on WSDOTs desire to potentially convert the intersection to a roundabout in the future. This project has no funding for design or construction and is purely conceptual. This task would add an additional $13,094 to this phase but would be reimbursed entirely by WSDOT. No work on this optional task will occur unless WSDOT enters into an Interlocal Agreement with the City committing them to the cost of the Task. City of 3/1/2022 Council Meeting Agenda Packet 44 of 111 III. Recommended Action: Approve Resolution 2022-10 authorizing the Mayor to execute the consultant agreement with Perteet Engineering for the 3rd St SE & Rock Island Road Signal project. IV. Exhibits: 1. Resolution 2022-10 Financial Data Expenditure Required Amount Budgeted Appropriation Required $114,736 $101,775 Yes* *Appropriation only required if WSDOT exercises the optional Task. WSDOT would reimburse the City for 100% of fees associated with the optional task. 3/1/2022 Council Meeting Agenda Packet 45 of 111 City of East Wenatchee Resolution 2022-10 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2022-10 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a consultant agreement between the City of East Wenatchee and Perteet Engineering for the 3rd St SE & Rock Island Road signal project. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, 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@eastwenatcheewa.gov, 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. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute a contract amendment that conforms to the language set forth in Exhibit A. 4. 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. 5. Effective date. This Resolution becomes effective immediately. 3/1/2022 Council Meeting Agenda Packet 46 of 111 City of East Wenatchee Resolution 2022-10 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2022. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 3/1/2022 Council Meeting Agenda Packet 47 of 111 Form 190-016 Page 1 TIB Transportation Improvement Board (TIB) Consultant Agreement TIB PROJECT NUMBER 8-3-161(014)-1 PROJECT PHASE (check one) Design Construction PROJECT TITLE & WORK DESCRIPTION City of East Wenatchee 3rd Street SE & Rock Island Road Intersection Improvements CONSULTANT NAME & ADDRESS Perteet, Inc., 123 Ohme Garden Road, Suite 8, Wenatchee, WA 98801 AGREEMENT TYPE (check one) LUMP SUM $________________________________ COST PLUS FIXED FEE OVERHEAD PROGRESS PAYMENT RATE % OVERHEAD COST METHOD Actual Cost Actual Cost Not To Exceed _________ % Fixed Rate 196.48 % FIXED FEE $ 9,388.00 SPECIFIC RATES OF PAY Negotiated Hourly Rate Provisional Hourly Rate COST PER UNIT WORK DBE PARTICIPATION  Yes No _______________% WBE PARTICIPATION  Yes No _______________% COMPLETION DATE December 31, 2022 MAXIMUM AMOUNT PAYABLE $114,737.00 THIS AGREEMENT, made and entered into this _____________________ day of _______________________________________, ____________________, between the City of East Wenatchee , Washington, hereinafter called the AGENCY, and the above organization hereinafter called the CONSULTANT. The Transportation Improvement Board hereinafter called the TIB, administers the following accounts: Urban Arterial Trust Account funds, Transportation Improvement Account funds, Small City Account funds, and City Hardship Assistance Account funds. WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, with the aid of TIB funds in conformance with the rules and regulations promulgated by the TIB; and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I GENERAL DESCRIPTION OF WORK The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II SCOPE OF WORK The Scope of Work and project level of effort for this project is detailed in Exhibit B attached hereto, and by this reference made a part of this AGREEMENT. 3/1/2022 Council Meeting Agenda Packet 48 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 2 TIB III GENERAL REQUIREMENTS All aspects of coordination of the work of this AGREEMENT, with outside agencies, groups or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY or such Federal, Community, State, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit B attached hereto and made part of this AGREEMENT. The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, that will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. Goals for Disadvantaged Business Enterprises (DBE), Minority Business Enterprises (MBE), and Women-owned Business Enterprises (WBE) if required shall be shown in the heading of this Agreement. The original copies of all reports, PS&E, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All designs, drawings, specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for the PROJECT and are property of the AGENCY. Reuse by the AGENCY or by others acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability of legal exposure to the CONSULTANT. IV TIME FOR BEGINNING AND COMPLETION The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V PAYMENT The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit C attached hereto, and by this reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Section II, Scope of Work. VI SUBCONTRACTING The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on the cost factors shown on Exhibit G, attached hereto and by this reference made a part of this AGREEMENT. The work of the subconsultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section V. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any other relationship. VII EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may or might arise under any Worker's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANTs employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. VIII NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading, demotion or transfer, recruitment or any recruitment advertising, layoffs or terminations, rates of pay or other forms of compensation, selection for training, rendition of services. The CONSULTANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discriminatory practices have terminated and that recurrence of such action is unlikely. During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regulations relative to nondiscrimination in the same manner as in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT. 3/1/2022 Council Meeting Agenda Packet 49 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 3 TIB B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations. C. SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANTs obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, creed, color, sex, age, marital status, national origin and handicap. D. INFORMATION AND REPORTS: The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY or TIB to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY, or the TIB as appropriate, and shall set forth what efforts it has made to obtain the information. E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANTs noncompliance with the nondiscrimination provisions of this AGREEMENT, the AGENCY shall impose such sanctions as it or the Transportation Improvement Board may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or 2. Cancellation, termination or suspension of the AGREEMENT, in whole or in part. F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subconsultant or procurement as the AGENCY or the Transportation Improvement Board may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY to enter into such litigation to protect the interests of the AGENCY, and in addition, the CONSULTANT may request the TIB to enter into such litigation to protect the interests of the TIB. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply with RCW 49.60.180 prohibiting unfair employment practices and the Executive Orders numbered E.O.70-01 and E.O.66-03 of the Governor of the State of Washington. IX TERMINATION OF AGREEMENT The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for fault on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit F for the type of AGREEMENT used. No payment shall be made for any work completed after ten days following receipt by the CONSULTANT of the Notice of Termination. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. In the event the services of the CONSULTANT are terminated by the AGENCY for fault on the part of the CONSULTANT, the above formula for payment shall not apply. In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm to complete the work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made using the formula set forth in the previous paragraph. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANTs failure to perform is without it or its employees fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. The subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCYs concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. In the event this AGREEMENT is terminated prior to completion, the original copies of all reports and other data, PS&E materials furnished to the CONSULTANT by the AGENCY and documents prepared by the CONSULTANT prior to said termination, shall become and remain the property of the AGENCY and may be used by it without restriction. Such unrestricted use, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X CHANGES OF WORK The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. 3/1/2022 Council Meeting Agenda Packet 50 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 4 TIB Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI DISPUTES Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to the scope of judicial review provided under Washington Case Law. XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior Court of the State of Washington, situated in the county the AGENCY is located in. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county the AGENCY is located in. XIII LEGAL RELATIONS AND INSURANCE The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accord with the laws of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE of Washington, and their officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT’s negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from claims, demands or suits based solely upon the conduct of the AGENCY and the STATE, their agents, officers and employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT’s agents or employees and (b) the AGENCY and the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents or employees. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The CONSULTANT recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall provide on-call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48. Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the STATE. B. General commercial liability insurance in an amount not less than a single limit of one million and 00/100 Dollars ($1,000,000.00) for bodily injury, including death and property damage per occurrence. Excepting the Worker’s Compensation insurance and any professional liability insurance secured by the CONSULTANT, the AGENCY will be named on all certificates of insurance as an additional insured. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within 14 days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million dollars, whichever is the greater unless modified by Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to them under other provisions of this AGREEMENT, or otherwise in law. XIV EXTRA WORK A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENT accordingly. C. The CONSULTANT must submit any proposal for adjustment (hereafter referred to as proposal) under this clause within 30 days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a proposal submitted before final payment of the AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the disputes clause. However nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. 3/1/2022 Council Meeting Agenda Packet 51 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 5 TIB E. Notwithstanding the terms and condition of paragraphs (a) and (b) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV ENDORSEMENT OF PLANS The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him. XVI TIB AND AGENCY REVIEW The AGENCY and TIB shall have the right to participate in the review or examination of the work in progress. XVII CERTIFICATION OF THE CONSULTANT AND THE AGENCY Attached hereto as Exhibit A-1, are the Certifications of the Consultant and the Agency. XVIII COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX EXECUTION AND ACCEPTANCE This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof the parties hereto have executed this AGREEMENT as of the day and year first above written. By By Consultant Perteet, Inc. City of East Wenatchee 3/1/2022 Council Meeting Agenda Packet 52 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 6 TIB EXHIBIT A-1 Certification of Consultant Project No. City/County City of East Wenatchee I hereby certify that I am Crystal L. Donner a duly authorized representative of the firm of Perteet, Inc. whose address is 123 Ohme Garden Road, Suite 8, Wenatchee, WA 98801 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract; except as here expressly stated (if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the Transportation Improvement Board (TIB), in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the City of East Wenatchee Washington and that the above consulting firm or his/her representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any). I acknowledge that this certificate is to be available to the TIB, in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil. Date Signature 3/1/2022 Council Meeting Agenda Packet 53 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 7 TIB EXHIBIT B-1 Scope of Work Project. No. Describe the Scope of Work See attached Exhibit B-1 Documents to be Furnished by the Consultant See attached Exhibit B-1 2021-11 3/1/2022 Council Meeting Agenda Packet 54 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 8 TIB EXHIBIT B-1 SCOPE OF SERVICES City of East Wenatchee 3rd Street SE & Rock Island Road Intersection Improvements City Project Number: 2021-11 TIB Project Funding Number: 8-3-161(014)-1 INTRODUCTION The overall objective of this project is to prepare a bid package for the installation of a new traffic signal, removal of the existing flashing yellow overhead beacon, and other improvements at the intersection of 3rd Street SE and Rock Island Road, in the City of East Wenatchee (City). Elements of this project will include the details and plans for the traffic signal, striping, and sidewalk and curb ramp improvements. Because of the close proximity to the intersection of 3rd Street SE and State Route 28 (SR 28), coordination with WSDOT is required. The proposed cross-sections at the intersection will be revised to two driving lanes, one left-turn lane, and two bike lanes on the 3rd Street SE approaches, with a right-turn lane on the eastbound approach. The north and southbound approached on Rock Island Road will consist of two driving lanes, on left-turn lane, and five-foot shoulders on both sides of the road. Other project elements include intersection pavement grind and overlay, installation of a new traffic signal, and reconstructing each intersection corner with new curb returns, sidewalk, and curb ramps. It is anticipated that right-of-way, permanent, and construction easements will not need to be acquired to construct the improvements. This project is funded with a combination of Transportation Improvement Board (TIB) and local funds. The available preliminary engineering budget is $101,775, construction engineering budget is $67,850 and construction contract budget is $780,275. The project is anticipated to advertise for bids before the end of 2022 for construction in 2023. Environmental documentation and permitting will be in accordance to support SEPA. Utilities in the intersection include water, sanitary sewer, stormwater, power, telecommunications, and potentially gas. It is not anticipated that utilities will need to relocate; however, the Consultant will coordinate with the utilities to confirm the location of their facilities and coordinate improvements. The Consultant’s services will be limited to those expressly set forth herein. If the service is not specifically identified herein, it is expressly excluded. Consultant will have no other obligations, duties, or responsibilities associated with the project except as expressly provided in this Agreement. Transferring Budget within Contract Maximum: The level of effort is specified in the scope of services. The budget may be transferred between discipline tasks at the discretion of the Consultant, provided that the total contracted amount is not exceeded. The Consultant will have the flexibility to manage budget within a given discipline on a subtask level. 3/1/2022 Council Meeting Agenda Packet 55 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 9 TIB Services provided by the Consultant will consist of: GENERAL SCOPE OF SERVICES This Scope of Services describes the work elements to be accomplished by the Consultant as summarized under each Task. This scope consists of the following elements: Task 1 – Project Management Task 2 – Geotechnical Investigation (Aspect) Task 3 – Survey and Basemapping (OverSite) Task 4 – Environmental Permitting Task 5 – Stormwater Memo Task 6 – WSDOT Coordination and Documentation Task 7 – 60% PS&E Submittal Task 8 – 90% PS&E Submittal Task 9 – Final Ad-Ready PS&E Submittal Task 10 – Bid Support Task 11 – SR 28/3rd Street SE Roundabout Analysis (Optional) Optional Services With prior written approval by the City and written notice-to-proceed, work elements described in this scope of services as optional services (as directed) may be produced by the Consultant. This Scope of Services is defined in the tasks below. SCOPE OF SERVICES DEFINED Task 1 – Project Management Work Elements: • Project setup. • Facilitate project kickoff meeting to review: o Project goals o Key contacts, project stakeholders, and team responsibilities o Project budget o Project schedule o Project scope • The Consultant will develop an overall project schedule, which will include a detailed schedule by task, for the project phases, through bid advertisement for the full project. The Consultant will prepare a draft and final schedule for the City review, and then the Consultant will prepare two (2) schedule updates as the project progresses, when requested by the City. • Consultant will coordinate with the City on a regular basis to keep the City’s project manager informed about project progress, project issues and schedule. • Manage subconsultant activities. • The Consultant will prepare monthly progress reports that describe the work items and percentage of work items that were accomplished during a given month. Progress report will include a status of budget, spent, and remaining. The monthly progress reports will also identify other issues that may be occurring, if any. The Consultant will submit these monthly progress reports to the City’s Project Manager with the 3/1/2022 Council Meeting Agenda Packet 56 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 10 TIB monthly invoices. Assumptions: • This contract duration shall be no longer than ten (10) months. • Project kickoff meeting will be held at the City’s office or virtually, depending on the City and the Consultant’s COVID-19 safety policies. • The City and the Consultant will hold bi-weekly project coordination meetings. The Consultant project manager will attend up to twenty (20) bi-weekly project coordination meetings. • The Consultant will prepare up to two (2) project schedule updates. • The Consultant will coordinate with subconsultants via e-mails, meetings, and phone calls. • The Consultant will prepare its invoices and progress reports monthly. • A maximum of eleven (11) progress reports and invoices will be prepared. Deliverables: • Kickoff Meeting Agenda and Meeting Notes (PDF) • Project Schedule (Microsoft Project format, PDF) • Monthly Progress Reports and Invoices (hard copy, PDF) Task 2 – Geotechnical Investigation (Aspect Consulting) See attached Exhibit A-1. Task 3 – Survey and Basemapping (OverSite) See attached Exhibit A-2. Task 4 – Environmental Permitting Task 4.1 SEPA Checklist There is no federal funding associated with this project, nor is there anticipated to be sufficient wetland or other federally regulated environmental elements that would create a federal nexus for a NEPA environmental document. Therefore, a SEPA Checklist is the anticipated environmental document on this project. Work Elements: • Prepare a draft SEPA Checklist for review and comment by the City. Emphasis will be on transportation, water quality, consistency with land use and zoning, aesthetics, public services and utility coordination. • After review and comment of the draft SEPA Checklist by the City, a final SEPA Checklist will be prepared based on City review comments. • After the public comment period, the Consultant will review comments received. Assumptions: • The City will prepare and issue the SEPA notice of application and determination. • This Scope of Services assumes that there will be no SEPA appeals. • The City will complete all local permits. Deliverables: • Draft SEPA Checklist (Microsoft Word format, electronic copy) • Final SEPA Checklist (Microsoft Word format, electronic copy) 3/1/2022 Council Meeting Agenda Packet 57 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 11 TIB Task 4.2 Cultural Resources Assessment The project is funded by a grant from the Washington State Transportation Improvement Board and is therefore subject to Governor’s Executive Order 21-02. The Washington Department of Archaeology and Historic Preservation (DAHP) has determined that a cultural resources assessment is required for compliance with EO 21-02. Consultant will conduct background research including a check of DAHP’s Washington Information System for Architectural and Archaeological records Data (WISAARD) for information about previous cultural resources assessments in the project vicinity and identified archaeological sites. Other background information may be collected from geotechnical studies, local historical societies, libraries, and ethnographic accounts. Cultural resources staff from local affected Tribes will also be contacted about the project to solicit information they would like to share about the area. This is a technical inquiry only and does not substitute for formal consultation that may be required by law. One archaeologist will conduct a pedestrian survey of the project area and excavate up to two (2) shovel probes in one day to document subsurface conditions. Consultant will prepare a report that will include a description of the project, a summary of the background research, and an assessment of the project’s potential for affecting buried pre-contact or historical archaeological sites. The report may include recommendations for ways to complete identification of archaeological sites, including an inadvertent discovery plan or archaeological monitoring during construction. The report will be suitable for submission to DAHP, and affected Tribes. After one round of Client review, the report will be uploaded to the DAHP database. Assumptions: • If at any time human remains are encountered, work will cease, and notification of the DAHP and affected tribes will proceed as directed by RCW 27-44 • No historic buildings will be evaluated or recorded • The report will undergo one (1) round of review • If potentially significant archaeological material is identified, then a scope and budget adjustment may be required to conduct any additional studies to evaluate significance • Treatment of any identified archaeological resources would be determined through consultation with the DAHP and affected Tribes. Deliverables: • Draft report, 1 PDF by email • Final report, 1 PDF by email, submitted to DAHP through WISAARD Task 5 – Stormwater Memo This task will provide an analysis of the stormwater minimum requirements associated with the proposed intersection improvements. This task will not include a hydraulic analysis of the stormwater runoff since the proposed improvements primarily consist of traffic signal installation, and changes to impervious areas will be minor and will not trigger the thresholds for water quality treatment and flow control. Work Elements: • Prepare a Technical Memorandum for the project documenting compliance with or exemption from the Core Elements. Assumptions: • The project will be designed in accordance with City of East Wenatchee standards and the Stormwater Management Manual for Eastern Washington (SWMMEW). • The project will not trigger flow control requirements. 3/1/2022 Council Meeting Agenda Packet 58 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 12 TIB • The project will not trigger water quality treatment requirements. • The Technical Memo will undergo one (1) review cycle. The Consultant will prepare a draft and final. • Pipe capacity calculations will not be required as changes to the existing system are expected to be minimal (such as replacing an existing catch basin) or none. Deliverables: • Draft and Final Drainage Technical Memo (Electronic PDF) Task 6 – WSDOT Coordination and Documentation WSDOT maintains the traffic signals within the City of East Wenatchee. This project is adjacent to WSDOT right-of-way and is about 400’ from the intersection of SR 28 and 3rd Street SE. WSDOT’s limited access boundary extends up 3rd Street SE to the entrance to the park and ride lot. The Consultant will develop and submit a traffic analysis memo and prepare design documentation for City and WSDOT review and approval, in accordance with the work elements described below. Work Elements: • Develop a plan view exhibit identifying existing lane assignments. • Develop a plan view exhibit identifying two options for proposed lane assignments: o Extend a westbound bike lane from the east leg of the SR 28 and 3rd Street SE intersection across the north leg of the intersection, via a “cross-bike” to a painted bike box within the intersection. Continue the cross-bike markings across the west leg of the intersection to connect to the Apple Capital Loop trail. o Maintain existing channelization within the WSDOT limited access area. Treat the existing sidewalk on the south side of 3rd Street SE as a shared use path. This option assumes no striping or geometry changes within WSDOT right-of-way or limited access area. • The limits of the exhibits are from the west leg of the intersection of SR 28 and 3rd Street SE to the east leg of the intersection of 3rd Street SE and Rock Island Rd. • Exhibits will use available aerial photography for a background image and will be scaled to fit onto one 11” x 17” page. • Develop an annual growth rate to project traffic to 2043 based on input from City and Douglas County traffic model projections. • Create a Synchro traffic model for the intersections of 3rd Street SE and Rock Island Road and SR 28 and 3rd Street SE. • Evaluate existing conditions (2019) in Synchro based on traffic volumes from the grant application and the existing minor-street stop-control. Year 2019 was used due to pre-COVID and available data. • Evaluate year-of-opening conditions (2023) in Synchro for the intersections of 3rd Street SE and Rock Island Road and SR 28 and 3rd Street SE, based on traffic volumes from the grant application with the proposed traffic signal and assuming that the two signals have coordinated timing and phasing. • Evaluate design year conditions (2043) in Synchro for the intersections of 3rd Street SE and Rock Island Road and SR 28 and 3rd Street SE, with the proposed traffic signals and assuming that the two signals have coordinated timing and phasing. • Using the above traffic models, determine recommended turn pocket lengths and signal timing to provide satisfactory levels of service (LOS), control delays, 95th percentile queues, and pedestrian safety. • Document findings and analysis in a draft Traffic Analysis Memorandum for City and WSDOT comment. • Attend one meeting to review and respond to City and WSDOT comments on the draft memo. This meeting will also finalize the proposed lane assignments. • Revise memorandum according to review comments, to a final version. 3/1/2022 Council Meeting Agenda Packet 59 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 13 TIB • Prepare Design Approval (DA) documentation for WSDOT review and approval, in accordance with WSDOT Design Manual CH 300, 300.04(3) Local Agency and Development Services Approvals, and limited to the following elements: o Table of Contents o Memorandum (WSDOT template) o Vicinity Map o Summary of Design (in lieu of Basis of Design) o Draft Design Parameter Sheets o Safety Analysis (in accordance with Section 7.1.3 of the WSDOT Safety Analysis Guide) o Draft Design Analysis o Draft Maximum Extent Feasible o Draft/Conceptual Channelization Plan/Intersection Plan for Approval • After development of the PS&E package to the 90% design level, the Consultant will prepare Project Development Approval (PDA) documentation for the project. The PDA will consist of the same elements as the DA, with content revised to represent the final design. Assumptions: • The traffic analysis previously completed for the intersection of 3rd Street SE and Rock Island Road is limited to a signal warrant analysis and peak hour LOS analysis for adding a traffic signal to the intersection. Based on previous this previous work, it is assumed that a traffic signal is an appropriate treatment for the intersection. • No analysis for a roundabout at the intersection of 3rd Street SE and Rock Island Road is required. • The effort for WSDOT coordination and documentation is limited to the fee identified in the attached fee schedule. • Coordination with WSDOT pertaining to signal controller equipment and ITS needs will be performed under the design submittals tasks. • The City will coordinate directly with WSDOT to prepare a signal maintenance agreement. The Consultant will not be a part of those negotiations. • WSDOT and/or the City will provide traffic volume data and turning movement counts sufficient to support traffic analysis and signal timing. • The City will finalize the general geometric layout of the proposed improvements through the development and review of the traffic analysis and DA package. The layout shall not be substantially modified in a later design phase. A substantial change in the layout will constitute a change in scope and will allow the Consultant to negotiate additional compensation for the change. Deliverables: • Draft and Final Traffic Technical Memo (Electronic PDF) • DA Documentation (Electronic PDF) PDA Documentation (Electronic PDF) Tasks 7 thru 9 – Design Submittals Assumptions: • The opinions of cost will be based on unit prices, incorporate contingencies to account for the level of completeness of plan preparation for each submittal, and reflect past experience on similar projects within the region. In providing opinions of probable construction cost, the City understands that the Consultant has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractor’s method of pricing, and that the Consultant’s opinions of probable construction costs are made on the basis of the Consultant’s professional judgment and experience. The Consultant makes no 3/1/2022 Council Meeting Agenda Packet 60 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 14 TIB warranty, express or implied, that the bids or the negotiated cost of the work will not vary from the Consultant’s opinion of probable construction cost. • Proposed improvements will not extend beyond the existing right-of-way and/or City-owned easements. • The City will provide its standard contracting templates and bidding documents to the Consultant for inclusion in the project manual. • One (1) bid schedule will be prepared for the project. • 60% and 90% plan submittals may not include all of the plan sheets required for construction. The final plans will consist of approximately nineteen(19) plan sheets, as follows: a. Cover Sheet (1 sheet, not to scale) b. Abbreviation/Legend/Notes Sheet (1 sheet, not to scale) c. Survey Control Plan Sheets (1 sheet, not to scale) d. Site Preparation/Erosion Control Plan (1 sheet, 1”=20’) This plan will identify areas of removal, including the existing flashing yellow signal. Site preparation along with Best Management Practices for erosion control will also be shown. Existing utility features will be shown in halftone (screened). e. Typical Sections (1 sheet, not to scale) f. Paving, Sidewalk and Drainage Plans and Details (3 sheets, 1”=20’ or not to scale) These plans will demonstrate the project footprint and will include paving limits, proposed sidewalk, curb, gutter, curb ramps, drainage system modifications, and limits of cut/fill. Existing utility features will be shown in halftone (screened). Two sheets to document details for curb ramps and other miscellaneous details are included. g. Signal and Illumination Plan and Detail Sheets (4 sheets, scale varies) Plans will show layout for signal/illumination poles, equipment and wiring diagrams. One illumination pole will be placed at each corner of each intersection or luminaire will be placed on traffic signal pole, even at corners which currently do not have illumination poles. Proposed fixture type will be coordinated with City and will approximately match distribution of existing illumination fixtures such that illumination analysis is not required. h. Channelization and Signing Plan and Detail Sheets (3 sheets, 1”=40’) These plans will include channelization and signing for the project, including sign tables documenting sign type, size and location. One sheet to document details for channelization and signing is included. i. Temporary Traffic Control (5 sheets, scale varies) These plans will identify a temporary pedestrian route during construction and vehicle traffic lane revision plans. One detail sheet will be included. Task 7 – 60% PS&E Submittal The Consultant will prepare 60% plans, list of project-specific specifications, and opinion of costs for the construction contract, and incorporate applicable comments received from the City based on the Task 6 traffic analysis memo deliverables. The plans, list of project-specific specifications, opinion of cost, will be submitted to the City for review and comment. The 60% plans will consist of project plan information that is considered to be constructible as shown, but not all of the information needed for construction, such as curb return elevations, will be provided. Some detail sheets are excluded from this submittal. The 60% design-level plans will consist of approximately twelve (12) plan sheets. Work Elements: • Respond to City comments on Task 6 traffic analysis memo. 3/1/2022 Council Meeting Agenda Packet 61 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 15 TIB • Prepare 60% design-level plans. • Prepare 60% design-level opinion of cost. Assumptions: • A list of special provisions will be provided at the 60% design-level. • The City will provide the Consultant with their standard, current, boilerplate contract language (“front end docs”) to be used for the project. Deliverables: • 60% design-level plans (half-size (11”x17”), PDF) • 60% design-level opinion of cost (PDF) • List of special provisions (PDF) Task 8 – 90% PS&E Submittal The 90% plans will consist of project plan information, construction notes, elevation information, and details needed for construction. The 90% design-level plans will consist of approximately nineteen (19) plan sheets. Work Elements: • Respond to City comments on 60% design submittal. • Prepare 90% design-level plans. • Prepare 90% design-level opinion of cost. • Prepare 90% design-level project manual, including special provisions and City boilerplate documents. Deliverables: • 90% design-level plans (half-size (11”x17”), PDF) • 90% design-level opinion of cost (PDF) • 90% design-level project manual (PDF) Task 9 – Final Ad-Ready PS&E Submittal The final plans and project manual will be bid-ready. Work Elements: • Prepare final, bid ready plans. • Prepare a final opinion of cost. • Prepare final, bid ready project manual. Assumptions: • The City will provide Builders Exchange with a camera-ready or electronic plan set for purposes of their scanning and contract document distribution during bidding • The City will provide Builders Exchange with a camera-ready or electronic set of Contract Specifications for purposes of their scanning and contract document distribution during bidding • WSDOT comments that are to be incorporated into the contract documents that are a significant change to the design or finalization of the ad-ready contract documents will be considered an additional service and may need a supplement to this Agreement. 3/1/2022 Council Meeting Agenda Packet 62 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 16 TIB Deliverables: • Electronic copy of the final plans with digital signature, in PDF format via e-mail • Electronic copy of the opinion of cost summary submitted in PDF format via e-mail • Electronic copy of the final project manual with digital signature, submitted in PDF format via e-mail • One (1) hard copy of half size and full-size signed plans • One (1) hard copy of the final, signed project manual Task 10 – Bid Support The Consultant will support the City during the bidding phase of the project. The Consultant will respond to requests for clarifications and prepare addenda. Work Elements: • Respond to Contractor questions, as requested by the City, during the bidding process. The Consultant will provide clarifications to the City, which may include Plan sheet revisions, Special Provision language, or information clarification. • Prepare addenda during the bidding process. • If addenda are issued during the bidding process, the Consultant will prepare conformed construction documents that incorporate the changes made by addendum during the bidding process. • Prepare the bid tabulation and check for and resolve math errors on the bid forms. • Review bid tabulations against the opinion of cost (engineer’s estimate) and provide a recommendation of award letter. Assumptions: • The effort for the preparation of addenda and conformed construction documents is limited to the fee identified in the attached fee schedule. • The City will distribute addenda during the bidding process. • The City will determine if the bids are responsive and if the apparent low bidder is responsible or not. This work includes verification that all required bid forms, such as the bid bond, non-collusion affidavit, certification of compliance with wage payment statutes, contract, and insurance certifications are included and filled out correctly. This also includes verification that the construction contractor’s license is valid and verifying that any supplemental bidder criteria (if used) is met. The City will be responsible for determining that the construction contractor is responsible and that their bid is responsive, except for review of bid proposal forms which will be completed by the Consultant as described above. • The City will track bid questions and communicate with bidders. Deliverables: • Electronic copies of addenda in PDF format, if required. • If addenda are issued, the Consultant will provide one (1) hard copy and one (1) electronic copy in PDF format of conformed contract plans and specifications. Additional (Optional) Services • The Consultant may provide additional services as directed by the City which are not identified in this Scope of Services. Additional services shall not commence without written authorization and approval from the City and a supplement to the contract. 3/1/2022 Council Meeting Agenda Packet 63 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 17 TIB Task 11 – SR 28/3rd Street SE Roundabout Analysis (Optional) WSDOT is confirming that the City's Rock Island Road/3rd Street project will be compatible with alternative configurations for SR 28/3rd Street SE intersection, such as a future roundabout. However, they have not performed an operational analysis of a roundabout at this location. The purpose of this task is to provide an operational analysis of a roundabout at the intersection of SR 28 and 3rd Street SE, including the impacts of the proposed traffic signal at the intersection of 3rd Street SE and Rock Island Road. Work Elements: •Prepare a conceptual-level plan view exhibit of a roundabout for the intersection of SR 28 and 3rd Street SE. This will inform inscribed circle diameter, lane assignments, and crosswalk locations. The exhibitwill not illustrate detailed elements beyond the curb lines including curb ramps, bicycle ramps, andlandscaping. •Model the roundabout at the intersection of SR 28 and 3rd Street SE in Sidra. •Model the proposed traffic signal at the intersection of 3rd Street SE and Rock Island Road in Sidra. (Thismodeling is intended to reveal upstream/downstream queues impacting the SR 28 and 3rd Street SEroundabout model; this Sidra analysis at 3rd Street SE and Rock Island Road will not replace the Synchro analysis in Task 6.) •Evaluate design year conditions (2043) in Sidra for a roundabout at the intersection of SR 28 and 3rdStreet SE, including impacts from the proposed traffic signal at 3rd Street SE and Rock Island Road. •Using the above traffic models, determine volume-to-capacity ratios (v/c), level of service (LOS), controldelays, and 95th percentile queues at the intersection of SR 28 and 3rd Street SE. •Document findings and analysis in a draft Traffic Analysis Memorandum for WSDOT comment. •Submit analysis findings to WSDOT in a brief, draft traffic analysis memo. Hold one comment reviewmeeting with WSDOT. •Response to comments and submit a final traffic analysis memo. Assumptions: •Traffic volumes from Task 6 will be used. •This task does not include quantitative safety analysis at the SR 28 and 3rd Street SE intersection. •The exhibit and Sidra modeling for the SR 28 and 3rd Street SE intersection will be based on thefollowing approach and departure lane ranges: o Two approach and two departure lanes on SR 28oUp to two approach and up to two departure lanes on 3rd Street SE Deliverables: •Draft traffic analysis memo (Electronic PDF) •Final traffic analysis memo (Electronic PDF) Other Optional Services (not included in this scope of work) •ALTA Survey •ROW Plans and Acquisition •Construction administration, observation, and management •Maximum Extent Feasible (MEF) documentation •Community engagement and public outreach Items to be furnished by the City The Client shall furnish, at the Client’s expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The Consultant may use such information, requirements, reports, data, surveys, and instructions in performing its services and is entitled to rely upon the accuracy and completeness 3/1/2022 Council Meeting Agenda Packet 64 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 18 TIB thereof. Further, the Client agrees that the Consultant shall have no responsibility for any portion of the Project designed by other consultants engaged by the Client. • All available “As-Built” information, including for traffic signals and the existing illumination systems. • Updated underground utility information relative to City-owned utilities. • Any applicable preliminary design reports, geotechnical reports, environmental reports, and identified up and downstream problems. • Additional traffic volume and turning movement counts as needed to complete the traffic analysis. • Consolidated plan review comments at each submittal. • Specification boilerplates and front-end documents. • Title Reports. Design Criteria As of the date this Agreement is signed, design file, reports, documents, and plans prepared as part of this Scope of Services, to the extent feasible, will be developed in accordance with the latest edition and amendments to the following documents: 1. Standard Specifications for Road, Bridge, and Municipal Construction, 2022 English Edition, published by WSDOT and the Washington State Chapter APWA 2. Standard Plans for Road, Bridge, and Municipal Construction, (M 21-10), published by WSDOT 3. “Local Agency Guidelines” published by WSDOT 4. AASHTO: A Policy on Geometric Design of Highways and Streets (2018 Edition) 5. 2009 Manual on Uniform Traffic Control Devices (MUTCD) 6. AASHTO Guide for the Development of Bicycle Facilities, 4th Edition 7. The Revised Draft Guidelines for Accessible Public Rights-of-Way (PROWAG), November 23, 2005 (2005 PROWAG), as determined by WSDOT 8. Department of Ecology 2019 “Stormwater Management Manual for Eastern Washington” (SWMMEW). Changes in any design standards or requirements after services have begun may result in extra work, and require a supplement to the Agreement. 3/1/2022 Council Meeting Agenda Packet 65 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 19 TIB EXHIBIT C-2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified in Section II, "Scope of Work." A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANTs actual cost plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost. 1. Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three options are explained as follows: a. Actual Cost: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to maximum amount payable, authorized under this AGREEMENT, when accumulated with all other actual costs. b. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided. Final overhead payment when accumulated with all other actual costs shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT. c. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown. This rate shall not change during the life of the AGREEMENT. A summary of the CONSULTANTs cost estimate and the overhead computation are attached hereto as Exhibits D and E and by this reference made part of this AGREEMENT. When an actual cost overhead rate or actual cost not to exceed overhead rate is used, the actual overhead rate determined at the end of each fiscal year shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate. The CONSULTANT shall advise the AGENCY as soon as possible of the actual overhead rate for each fiscal year and of the actual rate incurred to the date of completion of the work. The AGENCY and/or TIB may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire. 3. Direct Nonsalary Cost Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT applicable to this contract. These charges may include, but are not limited to the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY. The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by original bills or legible copies of invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be provided to the AGENCY upon request. All of the above charges must be necessary for services to be provided under this AGREEMENT. 4. Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee. This fee is based on the scope of work defined in this AGREEMENT and the estimated man-months required to perform the stated scope of work. In the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provision for the added costs and appropriate additional fee. The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices. 3/1/2022 Council Meeting Agenda Packet 66 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 20 TIB Any portion of the fixed fee earned by not previously paid in the progress payments will be cover in the final payment, subject to the provisions of Section IX, Termination of Agreement. 5. Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT as maximum amount payable, which includes the Fixed Fee, unless a supplemental agreement has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable. B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work. Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements, of the AGREEMENT. The invoices will be supported by itemized listing and support document for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee. C. Final Payment Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims of any nature which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. D. Inspection of Cost Records The CONSULTANT and his subconsultants shall keep available for inspection by representatives of the AGENCY and/or TIB, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT. If any litigation, claim, or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. 3/1/2022 Council Meeting Agenda Packet 67 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 21 TIB EXHIBIT D-2 Consultant Fee Determination Summary Sheet Project: E Wenatchee - 3rd St SE/Rock Island Rd Intx Client: City of East Wenatchee Hourly Costs Plus Fixed Fee Estimate Classification Hours Rate Amount Sr. Associate 72.00 74.68 $5,377 Sr. Engineer / Mgr 148.00 57.68 $8,537 Engineer III 6.00 43.00 $258 Engineer II 307.00 36.75 $11,282 Technician III 94.00 31.93 $3,001 Lead Planner/Manager 8.00 45.84 $367 Accountant 12.00 45.68 $548 Cultural Resources Specialist II 52.00 37.00 $1,924 Total Direct Salary Costs 699.00 $31,294 Overhead @ 196.48% $61,487 Fixed Fee @ 30.00% $9,388 Total Labor Costs $102,169 Reimbursables n-House Costs Qty Rate Amount Mileage - $.585 500 $0.585 $293.00 Xerox Copies - $.10 1,000 $0.100 $100.00 Total In-House Costs $393.00 Subconsultants Subconsultants Cost Amount $12,175.00 $12,175.00 Total Subconsultants $12,175.00 $12,175.00 CONTRACT TOTAL $114,737.00 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Karissa S. Witthuhn Date: February 23, 2022 3/1/2022 Council Meeting Agenda Packet 68 of 111 June 30, 2021 Perteet, Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Subject: Acceptance FYE 2020 ICR Risk Assessment Review Dear Denice Moan: Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2020 ICR of 196.48% of direct labor (rate includes 0.16% facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Exhibit E-1 Breakdown of Overhead Cost 3/1/2022 Council Meeting Agenda Packet 69 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 23 TIB EXHIBIT F-1 Payment Upon Termination of Agreement by the Agency Other than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus and direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. 3/1/2022 Council Meeting Agenda Packet 70 of 111 Transportation Improvement Board (TIB) Consultant Agreement Form 190-016 Page 24 TIB EXHIBIT G-1 Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Geotechnical Engineering – Aspect Consulting Land Surveying – OverSite, LLC 3/1/2022 Council Meeting Agenda Packet 71 of 111 Project Cost Estimate Aspect Project No.:220004 3rd Street SE & Rock Island Road Signals Revision: 0 Perteet/City of East Wenatchee Date: 2/2/22 Prepared By: NCS Principal Associate Project 1 Sr. CAD/GIS Sr. Technnical Editor Coordinator 3 TOTAL TOTAL DESCRIPTION $86.48 $61.30 $41.35 $39.90 $38.46 $37.50 HOURS AMOUNT 0 4 2 6 $328 0 8 8 1 2 1 20 $976 TOTAL DIRECT SALARY LABOR:0 12 10 1 2 1 26 $1,303 LABOR COST SUMMARY:ESTIMATED SUBCONTRACTORS AND DIRECT EXPENSES: Direct Salary Cost (DSC)$1,303 Mileage/Field Vehicle, equipment, per diem $55 Aspect Desk-Audited Overhead (OH) at 204.88%, Approved by WSDOT $2,670 Geotechnical Laboratory Testing $0 Profit at 30% of DSC $391 Excavation Subcontractor $0 TOTAL LABOR COST:$4,365 Private Utility Locator $0 TOTAL SUBS/DIRECT EXPENSES:$55 PROJECT TOTALS AND SUMMARY: Total Labor Cost $4,365 Total Subcontractors and Direct Expenses $55 ESTIMATED PROJECT TOTAL:$4,420 Note: ESTIMATED LABOR: Proposed Scope of Work: Please refer to the accompanying proposal text. ASPECT PERSONNEL & CURRENT DIRECT SALARY RATES WORK TASK Geotechnical Engineering Task 1 – Site Research and Reconnaissance Task 2 – Geotechnical Analysis, Reporting, and PS&E Support 1. All hours and items are estimated. The Aspect project manager may also transfer funds allocated for direct costs to professional/technical hours, and vice versa, as he/she determines appropriate. Page 1 Exhibit G-2 - Aspect Consulting 3/1/2022 Council Meeting Agenda Packet 72 of 111 July 7, 2021 Aspect Consulting, LLC 350 Madison Avenue N Bainbridge Island, WA 98110 Subject: Acceptance FYE 2020 ICR CPA Report Dear Trish Klimek: We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 204.88% of direct labor (rate includes 0.25% Facilities Capital Cost of Money) BPM, LLP. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Exhibit G-3 - Breakdown of Subconsultant Overhead 3/1/2022 Council Meeting Agenda Packet 73 of 111 Date of Issue 02.03.2022 Description (Classification)Units / Hours Unit Cost TotalBoundary Research (PLS)4 $165 $660Establish Control (PLS)4 $165 $660Tie Monuments (PLS)8 $165 $1,320Aerial Data Acquisition & Prep (PLS)4 $165 $660Conventional Data Acquisition (PLS)8 $165 $1,320 Data Processing (PLS)2 $165 $330 Drafting & Modeling (PLS)16 $165 $2,640 QA QC (PLS)1 $165 $165 Total Hourly Cost 47 $7,755 OverSite Project number OS22-002 Proposal Client: Perteet / City of East Wenatchee Project: 3rd & RIR Signal ROW & Topo OverSite LLC 6 Fist Street, Suite 14 Wenatchee,WA 98801 P: 206.250.6655 Exhibit G-2 - OverSite, LLC 3/1/2022 Council Meeting Agenda Packet 74 of 111 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Public Works Manager Subject: Resolution 2022-11 Hamilton Street Consultant Agreement Supplement Date: March 1, 2022 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a consultant agreement supplement between the City of East Wenatchee and RH2 Engineering for the Hamilton Street Reconstruction project. II. Background/History: The City of East Wenatchee (City) identified Hamilton Street in its 6 Year Transportation Improvement Plan as a candidate for a complete road rebuild. This project includes upgrades to the water, sewer, illumination, and stormwater infrastructure, as well as rehabilitation of the existing pavement and sidewalk on Hamilton Street and a portion of Standerfer Street. A sidewalk gap on Standerfer Street between Hamilton Street and French Avenue will also be filled. Once design initiated multiple alternatives were considered to provide a more formalized turn around at the end of Hamilton Street. The preferred alternative is a compact cul-de-sac that most vehicles will be able to navigate without needing a three-point turn. To construct this improvement some right of way will need to be acquired to the west of Hamilton Street. An exhibit showing the propose turn around is included in Exhibit B. The City also has a minor acquisition needed to bring a curb ramp up to ADA standards. This supplemental agreement also includes funds for an inadvertent discovery plan, which was required following comments from the Colville Tribes. The total cost of this supplement is estimated at $37,437, which brings the total contract with RH2 to $155,639. III. Recommended Action: Approve Resolution 2022-11 authorizing the Mayor to execute the supplemental agreement with RH2 Engineering for the Hamilton Street Improvement Project. IV. Exhibits: 1. Resolution 2022-11 2. Concept for Hamilton Cul-de-sac City of 3/1/2022 Council Meeting Agenda Packet 75 of 111 Financial Data Expenditure Required Amount Budgeted Appropriation Required $155,639 $70,000 Yes 3/1/2022 Council Meeting Agenda Packet 76 of 111 City of East Wenatchee Resolution 2022-11 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2022-11 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a consultant agreement supplement between the City of East Wenatchee and RH2 Engineering for the Hamilton Street Reconstruction project. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, 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@eastwenatcheewa.gov, 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. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute a contract amendment that conforms to the language set forth in Exhibit A. 4. 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. 5. Effective date. This Resolution becomes effective immediately. Exhibit A 3/1/2022 Council Meeting Agenda Packet 77 of 111 City of East Wenatchee Resolution 2022-11 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2022. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Robert R. Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ Exhibit A 3/1/2022 Council Meeting Agenda Packet 78 of 111 02/23/22 2:31 PM J:\data\EW\21-0251\00 Contract\Amnd 1\Amnd No. 1_AGMT_Hamilton St Improvements.docx City of East Wenatchee Contract Amendment No. 1 Hamilton Street Improvements Property Legal Descriptions and Acquisition RH2 Project No. EW 21.0251 In accordance with our Professional Services Agreement for Hamilton Street Improvements project, dated August 19, 2021, this is an authorization to revise the project Scope of Work as described below. The work will be performed and invoiced using the terms and conditions listed in the original agreement, plus previous amendments. Reference attached Exhibit A – Scope of Work, and Exhibit B – Fee Estimate. The engineering fee authorization will increase by $37,437 for a total authorization amount of $155,639. The project completion date has been changed to December 31, 2022. Please sign this authorization in the space provided below and return to RH2 Engineering, Inc., by mail at the address below, or by email to dpettit@rh2.com. RH2 Engineering, Inc. City of East Wenatchee Signature Signature Print Name/Title Print Name/Title Date Date RH2 Engineering, Inc. 300 Simon Street SE, Suite 5, East Wenatchee, WA 98802 City of East Wenatchee 271 Ninth Street NE, East Wenatchee, WA 98802 Original Page 1 of 4 Pages DRAFT Exhibit A 3/1/2022 Council Meeting Agenda Packet 79 of 111 1 2/23/2022 2:36:28 PM J:\DATA\EW\21-0251\00 CONTRACT\AMND 1\AMND NO. 1_SOW_HAMILTON ST IMPROVEMENTS.DOCX EXHIBIT A Scope of Work Amendment No. 1 City of East Wenatchee Hamilton Street Improvements Property Legal Descriptions and Acquisition February 2022 Background This Scope of Work is an amendment to the City of East Wenatchee (City) Hamilton Street Improvements project, and details the tasks related to right-of-way acquisition necessary as identified in the initial design. Task 1 –Property Legal Descriptions and Acquisition Objective:Complete property right-of-way exhibits, set property boundaries, and provide legal descriptions for acquired properties.Facilitate the acquisition of real property for one (1) parcel adjacent to the road improvements and two (2) temporary construction easements. Approach: Prepare right-of-way exhibits. Determine the right-of-way required for the project improvements and coordinate with a surveyor to prepare right-of-way exhibits and legal description.This work will be completed by Northwest GeoDimensions, Inc.,as a subconsultant to RH2.Coordinate with the subconsultant, provide project data, and respond to questions. Provide one (1) Administrative Offer Summary (AOS) package to be used in support of right-of-way acquisition and negotiation for right-of-way acquisition from one (1) property owner.Provide the documentation and negotiation with two (2) property owners to acquire the temporary construction easements (TCE) necessary for the project.This work will be completed by Tierra Right of Way Services, Ltd., (Tierra)as a subconsultant to RH2. Coordinate with the subconsultant, provide project data, and respond to questions. Assumptions: The right-of-way acquisition will be from a single parcel; no relocation will be necessary.Title report fees, appraisal fees, recording fees, and escrow fees are included in this Scope of Work for the right-of-way acquisition.The TCEs will be acquired without appraisals. Provided by City: Review and approval of the AOS packages. Original Page 2 of 4 Pages DRAFT Exhibit A 3/1/2022 Council Meeting Agenda Packet 80 of 111 City of East Wenatchee Amendment No. 1 Hamilton Street Improvements Exhibit A Property Legal Descriptions and Acquisition Scope of Work 2 2/23/2022 2:36:28 PM J:\DATA\EW\21-0251\00 CONTRACT\AMND 1\AMND NO. 1_SOW_HAMILTON ST IMPROVEMENTS.DOCX RH2 Deliverables: Right-of-way exhibits in electronic PDF. Legal description for property acquisition in electronic PDF. One (1)AOS package through the subconsultant, Tierra. Negotiation with two (2) property owners through the subconsultant, Tierra. Task 2 –Inadvertent Discovery Plan Objective:Complete Inadvertent Discovery Plan (IDP) to satisfy cultural resource consultation requirements. Approach: Prepare Inadvertent Discovery Plan.This work will be completed by Plateau Archaeological Investigation,as a subconsultant to RH2.Coordinate with the subconsultant, provide project data, and respond to questions. RH2 Deliverables: IDP in electronic PDF. Original Page 3 of 4 Pages DRAFT Exhibit A 3/1/2022 Council Meeting Agenda Packet 81 of 111 EXHIBIT B Fee Estimate Amendment No. 1 City of East Wenatchee Hamilton Street Improvements Property Legal Descriptions and Acquisition Feb-22 Description Total Hours Total Labor Total Subconsultant Total Expense Total Cost Task 1 Property Survey and Acquisition 21 3,300$ 32,810$ 484$ 36,594$ Task 2 Inadvertent Discovery Plan 2 402$ 431$ 10$ 843$ PROJECT TOTAL 23 3,702$ 33,241$ 494$ 37,437$ J:\data\EW\21-0251\00 Contract\Amnd 1\Amnd No. 1_FEE_Hamilton St Improvements.xlsm 2/23/2022 2:35 PM Original Page 4 of 4 Pages DRAFT Exhibit A 3/1/2022 Council Meeting Agenda Packet 82 of 111 FILE PATH: PLOT DATE: PROPOSED SITE EXHIBIT HAMILTON ST. RECONSTRUCTION 2/23/2022 \\corp.rh2.com\projects\Project\Data\EW\21-0251\CAD\Exhibits\ham-e-siteExhibit.dwg 0"1/2"1" DRAWING IS FULL SCALE WHEN BAR MEASURES 1" SCALE:SHOWN VALLEY MALL PARKWAY HAMILTON ST. FRENCH AVE.STANDERFER ST.9TH ST NEPLAN VIEW - HAMILTON ST. REBUILD TURNAROUND GRIND AND OVERLAY, TYP LUMINAIRE, TYP CATCH BASIN, TYP FULL ROADWAY REBUILD, TYP TYPE 2 DRIVEWAY, TYPTYPE 1 DRIVEWAY, TYP PROPOSED 24" CPP STORM MAIN RAMPED ADA PATH FROM HAMILTON ST. TO 9TH ST. NE Exhibit B 3/1/2022 Council Meeting Agenda Packet 83 of 111 East Wenatchee Council Agenda Bill To: Mayor and Council From/Presenter: Rick Johnson, Police Chief Subject: Resolution 2022-14, an Interlocal Agreement (ILA) to establish and maintain the Columbia River Drug Task Force a multi-jurisdictional narcotic, street crimes, quality of life, community education, gang control program and task force replacing the October 1, 2019 agreement Date: March 1, 2022 I. Summary Title: Resolution 2022-14 authorizing the Mayor to sign an Interlocal Cooperative Agreement for the Columbia River Task Force replacing the October 1, 2019 agreement. (“Agreement”). II. Background/History: “Columbia River Drug Task Force” consists of the City of Wenatchee, County of Chelan, City of East Wenatchee, and County of Douglas. III. Recommended Action: Motion to approve Resolution 2022-14 and authorize the Mayor to sign the Columbia River Drug Task Force Cooperative Interlocal Agreement. IV. Exhibits: Interlocal Cooperative Agreement Columbia River Drug Task Force Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No City of 3/1/2022 Council Meeting Agenda Packet 84 of 111 City of East Wenatchee – Columbia River Taskforce Resolution 2022-14 with Exhibit A Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2022-14 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an Interlocal Cooperative Agreement for the Columbia River Task Force replacing the October 1, 2019 agreement. 1. Alternate Format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el secretario de la ciudad al alternateformat@eastwenatcheewa.gov; 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@eastwenatcheewa.gov; 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. 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 Columbia River Task Force as Exhibit A. 3/1/2022 Council Meeting Agenda Packet 85 of 111 City of East Wenatchee – Columbia River Taskforce Resolution 2022-14 with Exhibit A Page 2 of 2 4. Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement in the form of attached 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. 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 _______________, 2022. CITY OF EAST WENATCHEE, WASHINGTON By _________________________________ Jerrilea Crawford, Mayor ATTEST: ___________________________ Maria Holman, City Clerk Approved as to form only: ___________________________ Robert Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 3/1/2022 Council Meeting Agenda Packet 86 of 111 EXHIBIT A3/1/2022 Council Meeting Agenda Packet 87 of 111 3/1/2022 Council Meeting Agenda Packet 88 of 111 3/1/2022 Council Meeting Agenda Packet 89 of 111 3/1/2022 Council Meeting Agenda Packet 90 of 111 3/1/2022 Council Meeting Agenda Packet 91 of 111 3/1/2022 Council Meeting Agenda Packet 92 of 111 3/1/2022 Council Meeting Agenda Packet 93 of 111 3/1/2022 Council Meeting Agenda Packet 94 of 111 3/1/2022 Council Meeting Agenda Packet 95 of 111 3/1/2022 Council Meeting Agenda Packet 96 of 111 3/1/2022 Council Meeting Agenda Packet 97 of 111 3/1/2022 Council Meeting Agenda Packet 98 of 111 East Wenatchee Agenda Bill To: Mayor and Council From/Presenter: Ike Lasswell, Information Systems Manager Subject: PISCES Statement of Service Date: March 1, 2022 I. Summary Title: An agreement between the City of East Wenatchee and PISCES International to provide no-cost cybersecurity monitoring. II. Background/History: The Public Infrastructure Security Cyber Education System (PISCES) in partnership with the DHS Cybersecurity and Infrastructure Security Agency (CISA) and Pacific Northwest National Laboratory (PNNL). PISCES partners with the private sector, colleges and universities, and local governments to provide no-cost cybersecurity event monitoring to small public sector organizations. A collection device is activated on the City’s network that collects security alerts and traffic metadata. Using metadata collected, students act as cybersecurity analysts by evaluating events observed. When a security compromise is confirmed or suspected with a high degree of confidence, it is reported to the impacted jurisdiction. III. Recommended Action: Authorize Mayor Crawford to execute the proposed Statement of Service between the City of East Wenatchee and PISCES International. IV. Exhibits: PISCES International - Statement of Service (10 05 2021) Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No City of 3/1/2022 Council Meeting Agenda Packet 99 of 111 STATEMENT OF SERVICE Revised October 2021 This STATEMENT OF SERVICE (“SOS”) is entered into by _______________________________, hereinafter referred to as AGENCY, and PISCES International, a Washington Nonprofit Corporation, hereinafter referred to as PISCES-INTL, for the purpose outlined below (hereinafter, the “Project”). I. PURPOSE PISCES-INTL has developed a system for gathering network metadata relating to cyber-attacks that impact the sustainability and resilience of critical infrastructure. This system collects metadata from public sector organizations and applies detection analytics to identify events and trends of interest, alerting participants and other stakeholders depending on severity and taxonomy of the findings. The objective of the metadata collection and analysis is to supply situational awareness of the region’s current threat taxonomy, to identify and initiate response to true incidents, and to differentiate between coordinated, targeted attacks and “background noise”. A secondary objective is to assist regional organizations in meeting compliance requirements cybersecurity monitoring, to facilitate research in cyber security, and to act as the situational awareness tool of record in the event of a regional infrastructure disruption through cyber means. To this end, AGENCY agrees to share metadata (as defined below) with PISCES-INTL to help achieve the goals of information sharing, public-private partnerships, and protection of regional critical infrastructure. PISCES-INTL will perform monitoring and analysis services such as identifying events and trends of interest and alerting participants and other stakeholders as described in more detail below (the “Services”). AGENCY agrees that PISCES-INTL will work with analysts such as college-level students (“Analysts”) to assist in the performance of the Services. II. DEFINITION OF METADATA For purposes of this SOS, “metadata” means metadata extracted from AGENCY network traffic by PISCES’s technology at the point of Internet egress. Examples of metadata include: source and destination IP addresses; source and destination ports; protocol used; flags and sequence numbers; time stamps; and size. For the avoidance of doubt, metadata does not include the contents of messages on AGENCY’s network, nor any other information contained in the content layer of network packets. III. TERMS OF USE 1. By using the metadata contributed by AGENCY participation in the Project, PISCES- INTL agrees to be bound by the provisions of this SOS. 2. The metadata has been provided for the Project’s use only. PISCES-INTL is granted a limited, non-exclusive, non-transferable right to use the metadata solely for the purposes identified in this SOS. 3. All other uses, including but not limited to the transfer of any portion of the metadata to another party or agency, must be authorized by AGENCY in advance of such use and in writing, unless disclosure is required by law. AGENCY acknowledges that the Project 3/1/2022 Council Meeting Agenda Packet 100 of 111 includes data from public agencies that are subject to the requirements of public records laws. If PISCES-INTL receives a public records request under applicable law that includes the metadata, PISCES-INTL will not disclose the metadata and will refer the requestor to AGENCY. 4. Reproduction and/or disclosure of metadata compilations for commercial purposes is prohibited, unless expressly authorized through a separate licensing agreement with AGENCY. Unless PISCES-INTL chooses to use metadata for research purposes related to the Project, PISCES-INTL will use reasonable efforts to delete metadata within 90 days of receipt. metadata to be used for research purposes may be retained for a longer period. 5. Errors may exist in the metadata provided. PISCES-INTL accepts metadata “as is”, with all faults, and assumes all responsibility for use thereof. 6. THE AGENCY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO ANY METADATA. 7. THE AGENCY MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF INFORMATION IN THE METADATA. PISCES-INTL ASSUMES ALL RISKS ARISING FROM THE USE OF ANY METADATA. 8. AGENCY WARRANTS AND REPRESENTS THAT IT HAS FEWER THAN 150 full time users on its network. It is a precondition of participation in the Project that the AGENCY have fewer than 150 full time users on its network. Exceptions can be made on a limited term basis for communities with more than 150 full time users who are interested in pursuing commercial services. 9. Errors may exist in the Services, including in any events and trends of interest identified by PISCES-INTL, Analysts or others who assist in the performance of the Services. AGENCY accepts the Services “as is”, with all faults, and assumes all responsibility for its use of the Services. PISCES-INTL does not represent that the Services will be uninterrupted or error-free. 10. PISCES-INTL DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. 11. PISCES MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SERVICES. AGENCY ASSUMES ALL RISKS ARISING FROM THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PISCES-INTL, ITS AFFILIATES, OR THE ANALYSTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES, AND THE MAXIMUM POTENTIAL LIABILITY OF PISCES-INTL UNDER THIS SOS SHALL NOT EXCEED $100. THIS LIMITATION OF LIABILITY 3/1/2022 Council Meeting Agenda Packet 101 of 111 SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PISCES-INTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IV. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE PARTIES THAT: 1.In exchange for, and in consideration of, monitoring and analysis services provided by PISCES- INTL, AGENCY will share the metadata with PISCES-INTL. 2.PISCES-INTL will provide a data collector and tap technology to be installed by the AGENCY per instruction by PISCES-INTL. AGENCY acknowledges and agrees that this technology will transmit metadata and related intrusion detection alerts to PISCES-INTL in connection with the Project. 3.Except as otherwise provided in this SOS, PISCES-INTL has the right to use threat analysis information generated in connection with the Project for its own purposes. Without limiting the foregoing, PISCES-INTL may share intrusion detection alert information and metadata with a federally-designated Fusion Center and/or Information Sharing Analysis Center of the State in which the AGENCY is located. 4.PISCES-INTL has the right to utilize Analysts to review, maintain, and analyze metadata provided by the AGENCY. 5.AGENCY agrees to provide metadata on a real-time or near real-time basis until the termination of this SOS, as provided in paragraph IV.9, below. PISCES-INTL will use reasonable efforts to review the metadata on a regular basis, but AGENCY acknowledges and agrees that the metadata will not be reviewed on a 24/7 basis. 6.PISCES-INTL will communicate significant Project changes to AGENCY staff when they occur, including between planned quarterly updates. Examples of significant Project changes could be the addition of technology to identify previously unknown threats, new analysis products, or changes to the user interface. 7.AGENCY agrees to allow PISCES-INTL to aggregate data for the Project using the collector and tap technology provided by PISCES-INTL, and/or to provide logs, alerts, traps, netflow, or other event data via the syslog protocol over a secure network. 8.AGENCY and PISCES-INTL agree that metadata that includes identifying fields such as usernames, IP addresses or hostnames, if transmitted, will not be used in any analysis or intentionally disclosed by PISCES-INTL. 9.This SOS may only be amended or supplemented to provide for additional opportunities to share data; otherwise, it shall remain in effect until terminated either by mutual consent of the parties or by cancellation by thirty (30) days written notice from one party to the other party. 3/1/2022 Council Meeting Agenda Packet 102 of 111 10.Equipment return: In the event of election to terminate this SOS, AGENCY agrees that it will disconnect and return the data collector and tap technology to PISCES-INTL at their expense within 90 days of termination. 11.Nothing herein shall be construed as obligating AGENCY or PISCES-INTL to expend funds or involve either party in any contract or other obligation for future payment of money, in excess of appropriations authorized by law and administratively available for this work. 12.Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. 13.The parties agree that the venue of any action or suit concerning this Agreement shall be in King County Superior Court and all actions or suits thereon shall be brought therein. This AGREEMENT becomes effective on the date of the last signature. AGENCY PISCES-INTL Signature________________________ Signature ______________________ Title____________________________ Title __________________________ Date____________________________ Date __________________________ 3/1/2022 Council Meeting Agenda Packet 103 of 111 From:Phil Rayburn To:cityclerk Subject:East Wenatchee fireworks Date:Monday, February 21, 2022 12:47:49 PM We are adamantly opposed to having fireworks in the city. When we had dogs they were terrified by them. Our neighbors set off illegal fireworks that are never fined for. We lost ourhome in the Colockum due to fire so it's always a concern to us. Please do not allow fireworks in the city. We know it's harder to control in the country. Phil and Cheri Rayburn 1535 Harrington LaneEast Wenatchee Phi'ls phone - 509-387-1508 3/1/2022 Council Meeting Agenda Packet 104 of 111 From:Charlene Anderson To:cityclerk Subject:Firework ban Date:Tuesday, February 22, 2022 1:54:53 PM I am FOR banning fireworks in East Wenatchee. Not only is the noise a big nuisance, also people with PTSD and pets have to be subjected to the trauma of the loud noise. I hear the use of illegal fireworks ever year in my neighborhood and my pets get traumatized for hours. The fire danger is far too great especially in these times with how dry it has been and with climate change. Thank you. Sent from my iPhone 3/1/2022 Council Meeting Agenda Packet 105 of 111 From:Robin McManus To:cityclerk Subject:Fireworks Date:Wednesday, February 23, 2022 12:29:09 PM In advance of the public meeting about fireworks here is my 2 cents: I am in total support of banning fireworks within the city limits. Fireworks can and have started FIRES and the weather in July is highly conducive to just that. So first and foremost Iconsider it a community safety issue. Also, I, like many others, have a dog who is deathly afraid of them, so no one in our family enjoys the 4th of July. It ends up being a hard day toget through rather than one of celebration. However, I get that people enjoy fireworks and I support public displays, and I also wonder if there isn't a place that could be designated (away from homes and buildings) for individuals orfamilies to go and enjoy setting off their own fireworks safely in a somewhat"controlled" but accessible environment. If fireworks are ultimately banned inside city limits, my one request is that it be ENFORCED.Not something that the police just overlook with a wink. That serves no one well. Sincerely, Robin McManus1636 Holly Lane 3/1/2022 Council Meeting Agenda Packet 106 of 111 From:bearpuma@yahoo.com To:cityclerk Subject:Fireworks - input Date:Wednesday, February 23, 2022 5:35:41 PM Hello I wanted to voice my opposition to allowing fireworks in East Wenatchee. We live in a desert shrub steppe environment. Fireworks have caused too much damage already and fire danger increases every year. Please do not allow fireworks anywhere except on the river by professionals. That’s the responsible leadership decision that should be made. Thank you Rich Beausoleil 2126 Inglewood Dr East Wenatchee, WA 98802 Sent from my iPhone 3/1/2022 Council Meeting Agenda Packet 107 of 111 From:cliff carlson To:cityclerk Subject:We vote to ban fireworks within the E. Wenatchee city limits! Date:Wednesday, February 23, 2022 2:40:28 PM Why is this even a discussion when you consider the fire dangers due to negligence of careless people setting off fireworks!? Not to mention the costs of fighting unnecessary fires and the damage that illegal fireworks cause in our city and surrounding areas! Thank you, Cliff & Mary Carlson 1524 Hannah Way East Wenatchee WA 98802 Sent from my iPad 3/1/2022 Council Meeting Agenda Packet 108 of 111 From:Lindsay Welfelt To:cityclerk Subject:Comment on Firework Hearing Date:Thursday, February 24, 2022 7:10:58 PM While lighting fireworks can be an enjoyable pastime, the cons outweighs the pros when it comes to fireworks within the city limits of East Wenatchee. As I see it the cons include: Danger of fires and damage to personal and public property Frightening pets leading to anxiety and in many cases pets that run away and end up atthe humane society or hit by cars Triggering events for those with PTSD, including veteransKeeping residents up at night, disproportionately effecting those who do not get holidays off of work and the elderlyPersonal injury to those who light fireworks and others nearby Additionally, Wenatchee has a great firework show for 4th of July. We do not need everyhouse to have their own fireworks. For the reasons mentioned above, I would like it to be known that I support a ban on fireworks within East Wenatchee. Sincerely,Lindsay Welfelt 339 9th St NEI104 East Wenatchee 3/1/2022 Council Meeting Agenda Packet 109 of 111 From:Trautmann, Cara Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 2.14.2022 Date:Monday, February 14, 2022 4:01:25 PM Attachments:image002.png This letter will serve as notice that on or around March 14, 2022, Spectrum Pacific West, LLC (“Spectrum”), will launch Start TV HD on the SPP Select, Legacy Select tier of service on channel 484 on the channel line-up serving your community. To view a current Spectrum channel lineup visit www.spectrum.com/channels. If you have any questions about this change, please feel free to contact me at 360.936.0522 or via email at stafford.strong@charter.com. Sincerely, Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If youare not the intended recipient of this messageor if this message has been addressed to you in error, please immediately alert the senderby reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying,or storage of this message or any attachment is strictly prohibited. 3/1/2022 Council Meeting Agenda Packet 110 of 111 From:Trautmann, Cara Subject:Spectrum Pacific West, LLC ("SPECTRUM") Programming Update 2.24.2022 Date:Thursday, February 24, 2022 11:57:23 AM Attachments:image002.png This letter will serve as notice that on or around March 28, 2022, Spectrum Pacific West, LLC (“Spectrum”), will launch Story TV HD on the SPP Select, Legacy Select tier of service on channel 489 on the channel line-up serving your community. To view a current Spectrum channel lineup visit www.spectrum.com/channels. If you have any questions about this change, please feel free to contact me at 360.936.0522 or via email at stafford.strong@charter.com. Sincerely, Stafford Strong | Senior Manager, State Government Affairs - Washington | C: 360-936-0522 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If youare not the intended recipient of this messageor if this message has been addressed to you in error, please immediately alert the senderby reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying,or storage of this message or any attachment is strictly prohibited. 3/1/2022 Council Meeting Agenda Packet 111 of 111