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HomeMy WebLinkAbout2/1/2022 - 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.) 2/1/2022 Council Meeting Agenda Page 1 of 2 East Wenatchee City Council Meeting Tuesday, February 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: 2/1/2022 Checks: 56205-56242 in the amount of $105,996.86 Pg. 3 b. December 2021 Payroll Certification Pg. 16 Minutes: c. 2/1/2022 Council Meeting Minutes Pg. 32 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. 4. Presentations. 5. Department Report. 6. Mayor’s Report. 02/01/2022 City Council Meeting Agenda Page 1 of 83 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.) 2/1/2022 Council Meeting Agenda Page 2 of 2 7. Action Items. a. Resolution 2022-05, authorizing the Mayor to execute an agreement with Embark Safety for Driver Record Monitoring (DRM) Services and acknowledging termination of the Interlocal agreement with Washington State Transit Insurance Pool that was authorized by Resolution 2015-20 – Maria Holman, City Clerk Pg. 35 Motion to approve Resolution 2022-05 and authorize the Mayor to execute an Agreement between Embark Safety and the City of East Wenatchee for Driver Record Monitoring Services. b. Resolution 2022-06, authorizing the Mayor to execute Agreement Supplement #2 between the City of East Wenatchee and RH2 Engineering for services during construction associated with the 9th Street NE & Valley Mall Parkway Signal Project– Garren Melton, Interim Public Works Manager Pg. 42 Motion to approve Resolution 2022-06 and authorize the Mayor to execute the proposed Consultant Agreement between the City of East Wenatchee and RH2 Engineering for services during construction for the 9th St NE & Valley Mall Parkway signal project. c. Resolution 2022-07, amending the interlocal agreement with Douglas County Solid Waste pertaining to the cleanup of homeless camps to add a one-time payment in 2022 for services – Lori Barnett, Community Development Director Pg. 60 Motion to approve Resolution 2022-07 and authorize the Mayor signature on the amended and restated Interlocal Agreement between the City of East Wenatchee and Douglas County for the removal of unauthorized encampments from property within the City of East Wenatchee’s jurisdiction to amend Section 4.6 to add a one-time payment by the City for calendar year 2022 and repealing Resolution 2020-15. d. 3rd Street SE and Rock Island Road Signal Project Consultant Selection for Design Services – Garren Melton, Interim Public Works Manager Pg. 78 Approve the selection of Perteet as the most qualified consultant. In addition, authorize the Mayor, or designee, to negotiate a consultant agreement in an amount not to exceed $101,775. 8. Council Reports & Announcements. a. Reports/New Business of Council Committees 9. Adjournment. 02/01/2022 City Council Meeting Agenda Page 2 of 83 Fund Number Description Amount 001 General Fund $66,355.11 101 Street Fund $5,780.51 112 Library Fund $117.78 113 Hotel/Motel Tax Fund $5,062.00 117 Events Board Fund $52.26 301 Street Improvements Fund $2,847.68 314 Capital Improvements Fund $25,012.75 401 Stormwater Fund $202.26 501 Equipment Purchase, Repair & Replacement Fund $203.51 635 Custodial Activities Fund $363.00 Count: 10 $105,996.86 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2022 - February 2022 - February 2022 1st Council Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:53 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 02/01/2022 City Council Meeting Agenda Page 3 of 83 CHECKS: 56205 - 56242 VOIDED CHECKS: None DEPARTMENT/FUND AMOUNT General Fund 001 $66,355.11 Rainy Day Fund 002 $0.00 Street Fund 101 $5,780.51 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 $117.78 Hotel/Motel Tax Fund 113 $5,062.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $52.26 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $2,847.68 Capital Improvements Fund 314 $25,012.75 Stormwater Fund 401 $202.26 Equipment R&R Fund 501 $203.51 Cafeteria Plan 634 $0.00 Custodial Activities 635 $363.00 Grand Total All Funds $105,996.86 CITY OF EAST WENATCHEE CHECK REGISTER February 1, 2022 Payables 02/01/2022 City Council Meeting Agenda Page 4 of 83 Vendor Number Reference Account Number Description Amount American Planning Association 56205 2022 - February 2022 - February 2022 1st Council 125849-2212 APA,AICP,CHAPT/WA Mebership 001-000-580-558-60-40-01 Dues & Subscriptions $763.00 Total 125849-2212 $763.00 Total 56205 $763.00 Total American Planning Association $763.00 AT&T Mobility 56206 2022 - February 2022 - February 2022 1st Council 287293799226x01132022 12.05.2021-01.04.2022 001-000-210-521-10-42-01 Telephone $2,908.24 Total 287293799226x01132022 $2,908.24 Total 56206 $2,908.24 Total AT&T Mobility $2,908.24 Chelan-Douglas Utilities Council 56207 2022 - February 2022 - February 2022 1st Council 5662 2022 Yearly Dues 401-000-008-531-00-40-06 Utilities $150.00 Total 5662 $150.00 Total 56207 $150.00 Total Chelan-Douglas Utilities Council $150.00 Cinta's Corporation 607 56208 2022 - February 2022 - February 2022 1st Council 4108063027 001-000-210-521-10-48-00 Repairs & Maintenance $73.33 101-000-430-543-30-30-00 Supplies - General Services $64.56 Total 4108063027 $137.89 4108063073 001-000-180-518-30-41-00 Professional Services $157.46 Voucher Directory Fiscal: : 2022 - February 2022 Council Date: : 2022 - February 2022 - February 2022 1st Council Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 1 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 5 of 83 Vendor Number Reference Account Number Description Amount 112-000-000-572-50-47-00 Facilities - Utilities $24.57 Total 4108063073 $182.03 Total 56208 $319.92 Total Cinta's Corporation 607 $319.92 Classic One East 56209 2022 - February 2022 - February 2022 1st Council 01.17.2022 Dry Cleaning - Tye Sheats 001-000-210-521-10-49-02 Dry Cleaning Services $36.86 Total 01.17.2022 $36.86 01.17.2022 Dry Cleaning - Erik Hampton 001-000-210-521-10-49-02 Dry Cleaning Services $65.80 Total 01.17.2022 $65.80 01.17.2022 Dry Cleaning - Rick Johnson 001-000-210-521-10-49-02 Dry Cleaning Services $19.57 Total 01.17.2022 $19.57 Total 56209 $122.23 Total Classic One East $122.23 Community Foundation of Ncw 56210 2022 - February 2022 - February 2022 1st Council 302309 Independence Day Celebration 2022 001-000-001-558-70-40-00 Contributions - Region $10,000.00 Total 302309 $10,000.00 Total 56210 $10,000.00 Total Community Foundation of Ncw $10,000.00 Criminal Justice Training Commission DES-Criminal Justice 56211 2022 - February 2022 - February 2022 1st Council 201136036 Fld Training Ivy Jacobsen 001-000-210-521-40-40-01 Training - Officers $95.00 Total 201136036 $95.00 Total 56211 $95.00 Total Criminal Justice Training Commission DES-Criminal Justice $95.00 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 2 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 6 of 83 Vendor Number Reference Account Number Description Amount Day Wireless Systems 56212 2022 - February 2022 - February 2022 1st Council #INV708879 23 Mobiles-Portables 001-000-210-521-10-49-00 Miscellaneous $2,715.00 Total #INV708879 $2,715.00 Total 56212 $2,715.00 Total Day Wireless Systems $2,715.00 Door-Tech Inc 56213 2022 - February 2022 - February 2022 1st Council 25893 101-000-430-543-50-48-00 Repairs & Maintenance - Facilities $203.25 Total 25893 $203.25 Total 56213 $203.25 Total Door-Tech Inc $203.25 Douglas County Sewer District 56214 2022 - February 2022 - February 2022 1st Council 006195-000 271 9th St. NE 001-000-180-518-30-47-00 Utilities $397.51 112-000-000-572-50-47-00 Facilities - Utilities $62.04 Total 006195-000 $459.55 006197-000 001-000-180-518-30-47-00 Utilities $91.00 Total 006197-000 $91.00 Total 56214 $550.55 Total Douglas County Sewer District $550.55 East Wenatchee Water Dist 56215 2022 - February 2022 - February 2022 1st Council 036440-000 001-000-180-518-30-47-01 Utilities - Simon St.$234.80 Total 036440-000 $234.80 Total 56215 $234.80 Total East Wenatchee Water Dist $234.80 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 3 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 7 of 83 Vendor Number Reference Account Number Description Amount Erik Hampton 56216 2022 - February 2022 - February 2022 1st Council INV-2-15850 Hampton - 2022 Clothing Allowance 001-000-210-521-10-20-01 Clothing Allowance $157.00 Total INV-2-15850 $157.00 Total 56216 $157.00 Total Erik Hampton $157.00 Fastenal Company 56217 2022 - February 2022 - February 2022 1st Council WAWEN239880 001-000-180-518-30-48-00 Repairs & Maintenance $594.03 Total WAWEN239880 $594.03 WAWEN240061 101-000-420-542-64-30-00 Supplies - Traffic Control Devices $16.09 Total WAWEN240061 $16.09 Total 56217 $610.12 Total Fastenal Company $610.12 Forte Architects Inc 56218 2022 - February 2022 - February 2022 1st Council 2888 Design, Electrical, Mechanical 314-000-000-594-21-60-01 Simon St. Improvements $25,012.75 Total 2888 $25,012.75 Total 56218 $25,012.75 Total Forte Architects Inc $25,012.75 Kelley Connect 56219 2022 - February 2022 - February 2022 1st Council 30773200 Copier Services 001-000-141-514-20-31-01 Office Machine Costs $367.99 301-000-000-595-10-40-23 Design - SRTS - 5th St NE: Sterling $1,423.84 301-000-000-595-10-40-24 Design - SRTS - 5th St NE: Kenroy $1,423.84 Total 30773200 $3,215.67 Total 56219 $3,215.67 Total Kelley Connect $3,215.67 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 4 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 8 of 83 Vendor Number Reference Account Number Description Amount Kelly Gregory 56220 2022 - February 2022 - February 2022 1st Council SO-2-20077 Blauer FlexHeat Shirt 001-000-210-521-10-20-01 Clothing Allowance $92.12 Total SO-2-20077 $92.12 Total 56220 $92.12 Total Kelly Gregory $92.12 Kottkamp, Yedinak, & Esworthy PLLC 56221 2022 - February 2022 - February 2022 1st Council Invoice - 1/26/2022 2:43:31 PM February 2022 Public Defense Fee 001-000-110-511-60-21-50 Public Defender $5,958.50 Total Invoice - 1/26/2022 2:43:31 PM $5,958.50 Total 56221 $5,958.50 Total Kottkamp, Yedinak, & Esworthy PLLC $5,958.50 Les Schwab Tire Center Inc 56222 2022 - February 2022 - February 2022 1st Council 34301257886 Winter Changeover 2016 Ford Explorer 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $108.36 Total 34301257886 $108.36 Total 56222 $108.36 Total Les Schwab Tire Center Inc $108.36 Lexipol, LLC 56223 2022 - February 2022 - February 2022 1st Council INVPRA8069 LocalGovU Full Library 001-000-145-514-20-40-21 Annual License - HR Software $1,225.00 Total INVPRA8069 $1,225.00 Total 56223 $1,225.00 Total Lexipol, LLC $1,225.00 Localtel Communications 56224 2022 - February 2022 - February 2022 1st Council 01.07.2022 Monthly Billing December 2021 001-000-141-514-20-42-01 Telephone Line Charges $297.54 Total 01.07.2022 $297.54 Total 56224 $297.54 Total Localtel Communications $297.54 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 5 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 9 of 83 Vendor Number Reference Account Number Description Amount Makena Albert 56225 2022 - February 2022 - February 2022 1st Council Invoice - 1/26/2022 2:32:28 PM 2022 Clothing Allowance 101-000-430-543-30-30-00 Supplies - General Services $200.00 Total Invoice - 1/26/2022 2:32:28 PM $200.00 Total 56225 $200.00 Total Makena Albert $200.00 Mountain Highway Towing & Recovery 56226 2022 - February 2022 - February 2022 1st Council 4250 Towing Idaho St 001-000-210-521-10-41-00 Professional Services $304.39 Total 4250 $304.39 Total 56226 $304.39 Total Mountain Highway Towing & Recovery $304.39 Norco Enterprise, Inc. 56227 2022 - February 2022 - February 2022 1st Council 36477773383 Various Supplies Snow-Ice control 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $116.20 Total 36477773383 $116.20 36538737262 Vanguard 100FC Torch 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $286.66 Total 36538737262 $286.66 Total 56227 $402.86 Total Norco Enterprise, Inc.$402.86 Office Depot Credit Plan 56228 2022 - February 2022 - February 2022 1st Council 667-1-3031-765194-21 Lead refill, post-it notes, dispenser 001-000-140-514-20-31-01 Central Stores $48.02 Total 667-1-3031-765194-21 $48.02 667-1-3404-1007504-21 Staper, copy paper 001-000-140-514-20-31-01 Central Stores $107.52 Total 667-1-3404-1007504-21 $107.52 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 6 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 10 of 83 Vendor Number Reference Account Number Description Amount 667-1-4902-1007805-21 1099 NEC, MISC 001-000-140-514-20-31-00 Office Supplies $59.17 Total 667-1-4902-1007805-21 $59.17 Total 56228 $214.71 Total Office Depot Credit Plan $214.71 O'Reilly 56229 2022 - February 2022 - February 2022 1st Council 2521-268953 Wiper Blades, Fuel Cap Air Filter 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $81.07 Total 2521-268953 $81.07 2521-269476 Diag Pliers 501-000-000-542-90-48-25 Street Vehicle Repair Supplies $14.08 Total 2521-269476 $14.08 Total 56229 $95.15 Total O'Reilly $95.15 Our Valley, Our Future 56230 2022 - February 2022 - February 2022 1st Council 20140 2022 Contribution 001-000-001-558-70-40-00 Contributions - Region $20,000.00 Total 20140 $20,000.00 Total 56230 $20,000.00 Total Our Valley, Our Future $20,000.00 Poltz Fire Protection 56231 2022 - February 2022 - February 2022 1st Council 125230 101-000-430-543-30-30-00 Supplies - General Services $515.98 Total 125230 $515.98 Total 56231 $515.98 Total Poltz Fire Protection $515.98 Randy's Auto Parts & Towing 56232 2022 - February 2022 - February 2022 1st Council 63820 Towing 2nd St & Kentucky 001-000-210-521-10-41-00 Professional Services $129.96 Total 63820 $129.96 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 7 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 11 of 83 Vendor Number Reference Account Number Description Amount 63983 Towing from Clearwater 001-000-210-521-10-41-00 Professional Services $173.28 Total 63983 $173.28 Total 56232 $303.24 Total Randy's Auto Parts & Towing $303.24 Roadwise, Inc dba: GMCO 56233 2022 - February 2022 - February 2022 1st Council 21-3752 101-000-420-542-66-30-00 Supplies - Snow & Ice Control $4,213.88 Total 21-3752 $4,213.88 Total 56233 $4,213.88 Total Roadwise, Inc dba: GMCO $4,213.88 The Wenatchee World 56234 2022 - February 2022 - February 2022 1st Council Ad 478740 Accounting Tech Posting 001-000-139-518-10-40-03 Advertising $349.68 Total Ad 478740 $349.68 Total 56234 $349.68 Total The Wenatchee World $349.68 Tony Ditommaso PS 56235 2022 - February 2022 - February 2022 1st Council Invoice - 1/26/2022 2:44:13 PM February 202 Public Defense Fee 001-000-110-511-60-21-50 Public Defender $5,958.50 Total Invoice - 1/26/2022 2:44:13 PM $5,958.50 Total 56235 $5,958.50 Total Tony Ditommaso PS $5,958.50 Valley Tractor and Rentals 56236 2022 - February 2022 - February 2022 1st Council C911448 Ring Gear 101-000-420-542-66-48-00 Repairs & Maintenance - Snow & Ice Control $51.82 Total C911448 $51.82 Total 56236 $51.82 Total Valley Tractor and Rentals $51.82 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 8 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 12 of 83 Vendor Number Reference Account Number Description Amount Verizon Wireless 56237 2022 - February 2022 - February 2022 1st Council 9896483811 01/26/2022 Billing 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 9896483811 $349.43 Total 56237 $349.43 Total Verizon Wireless $349.43 Wash ST Dept of Licensing 56238 2022 - February 2022 - February 2022 1st Council EWP002478 Keeler 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002478 Keeler $18.00 EWP002479 Reynolds 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002479 Reynolds $18.00 EWP002480 Gutierrez 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002480 Gutierrez $18.00 EWP002481 Jackson 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002481 Jackson $18.00 EWP002482 Little 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002482 Little $18.00 EWP002483 Metcalfe 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002483 Metcalfe $18.00 EWP002484 Germain 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002484 Germain $18.00 EWP002485 Medina 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002485 Medina $18.00 EWP002486 Cervantes 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002486 Cervantes $18.00 EWP002487 Ramirez 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002487 Ramirez $18.00 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 9 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 13 of 83 Vendor Number Reference Account Number Description Amount EWP002488 Rowe 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002488 Rowe $18.00 EWP002489 Bolin 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002489 Bolin $18.00 EWP002490 Kurpuis 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002490 Kurpuis $18.00 EWP002491 Garrett 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002491 Garrett $18.00 EWP002492 Cheek 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002492 Cheek $18.00 EWP002495 Garcia 635-000-000-589-30-00-03 Gun Permit State Remittance $21.00 Total EWP002495 Garcia $21.00 EWP002498 Holman 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002498 Holman $18.00 EWP002499 Sparman 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002499 Sparman $18.00 EWP002500 Mitchell 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002500 Mitchell $18.00 EWP002502 Anderson 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 Total EWP002502 Anderson $18.00 Total 56238 $363.00 Total Wash ST Dept of Licensing $363.00 Wenatchee Valley Humane Society 56239 2022 - February 2022 - February 2022 1st Council 02/10/2022 Monthly Payment February Payment 001-000-001-539-30-40-00 Animal Control $7,186.07 Total 02/10/2022 Monthly Payment $7,186.07 Total 56239 $7,186.07 Total Wenatchee Valley Humane Society $7,186.07 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 10 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 14 of 83 Vendor Number Reference Account Number Description Amount Wenatchee Valley Museum & Cultural Center 56240 2022 - February 2022 - February 2022 1st Council 02.02.2022 February Payment 001-000-001-558-70-41-15 Wenatchee Valley Museum $5,062.00 113-000-000-557-30-41-15 Wenatchee Valley Museum & CC $5,062.00 Total 02.02.2022 $10,124.00 Total 56240 $10,124.00 Total Wenatchee Valley Museum & Cultural Center $10,124.00 Xerox Corporation 56241 2022 - February 2022 - February 2022 1st Council 015323140 12.21.2021 Billing Stmt 001-000-210-521-10-31-05 Office Machine Costs $377.89 Total 015323140 $377.89 Total 56241 $377.89 Total Xerox Corporation $377.89 Ziply Fiber 56242 2022 - February 2022 - February 2022 1st Council Invoice - 1/26/2022 1:09:32 PM Service 01.07/22-02.06.22 001-000-180-518-30-47-00 Utilities $192.28 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $23.76 112-000-000-572-50-47-00 Facilities - Utilities $31.17 Total Invoice - 1/26/2022 1:09:32 PM $247.21 Invoice - 1/26/2022 1:11:59 PM Service 01.10-22/02.09.22 Total Invoice - 1/26/2022 1:11:59 PM Total 56242 $247.21 Total Ziply Fiber $247.21 Grand Total Vendor Count 38 $105,996.86 Printed by EASTWENATCHEE\jdelay on 1/27/2022 7:22:42 AM Page 11 of 11 East Wenatchee - Voucher Directory 02/01/2022 City Council Meeting Agenda Page 15 of 83 02/01/2022 City Council Meeting Agenda Page 16 of 83 02/01/2022 City Council Meeting Agenda Page 17 of 83 02/01/2022 City Council Meeting Agenda Page 18 of 83 02/01/2022 City Council Meeting Agenda Page 19 of 83 02/01/2022 City Council Meeting Agenda Page 20 of 83 02/01/2022 City Council Meeting Agenda Page 21 of 83 02/01/2022 City Council Meeting Agenda Page 22 of 83 02/01/2022 City Council Meeting Agenda Page 23 of 83 02/01/2022 City Council Meeting Agenda Page 24 of 83 02/01/2022 City Council Meeting Agenda Page 25 of 83 02/01/2022 City Council Meeting Agenda Page 26 of 83 02/01/2022 City Council Meeting Agenda Page 27 of 83 02/01/2022 City Council Meeting Agenda Page 28 of 83 02/01/2022 City Council Meeting Agenda Page 29 of 83 02/01/2022 City Council Meeting Agenda Page 30 of 83 02/01/2022 City Council Meeting Agenda Page 31 of 83 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.) 1/18/2022 Council Meeting Minutes Page 1 of 3 East Wenatchee City Council Meeting In Person and Zoom Tuesday, January 18, 2022 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 Minutes In attendance: Staff in attendance: Mayor Jerrilea Crawford Stephanie Stauffer, City Attorney Councilmember John Sterk Josh DeLay, Finance Director Councilmember Harry Raab Lori Barnett, Community Development Director Councilmember Robert Tidd Erik Hampton, Assistant Police Chief Councilmember Sasha Sleiman Garren Melton, Public Works Manager Councilmember Shayne Magdoff Trina Elmes, Events Director/PIO Councilmember Christine Johnson Maria Holman, City Clerk Councilmember Matthew Hepner 6:00 p.m. Regular Meeting Call to Order, Roll Call and Pledge of Allegiance. 1. Consent Items: a. 2022 Public Safety Testing Agreement Vouchers: b. Date: 1/18/2022, Checks: 56113-56117; 56119-56131; 56133-56177, and Voided Checks: 56118; 56132 in the amount of $156,836.67 c. November 2022 Payroll Certification Minutes: d. 1/4/2022 Council Meeting Minutes e. 1/13/2022 Council Workshop Meeting Minutes Motion by Councilmember Sleiman to approve consent items as presented. Councilmember Tidd seconded the motion. Motion carried (7-0). 2. Citizen Requests/Comments. a. Jim Ottosen, 858 Briarwood Dr., spoke to the Council regarding a letter received from Waste Management. Mr. Ottosen expressed his concern regarding the City discontinuing the senior discount program. Mr. Ottosen also offered kind words and kudos to Public Works Department for their efforts after the heavy snow earlier this month. Last, Mr. Ottosen addressed an increase of goatheads in the City limits. Comments provided by Mayor Crawford. Citizen Comments Continued: 02/01/2022 City Council Meeting Agenda Page 32 of 83 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.) 1/18/2022 Council Meeting Minutes Page 2 of 3 b. Rick Stilwater, 405 Colorado Ave., spoke to the Council regarding his concerns regarding the agreement with Waste Management limiting the free dumps and the restrictions on using a trailer for the free dumps. Mr. Stilwater also commented on the heavy snow weather earlier this month, plowing issue, and offered kudos to Public Works Department for their efforts as well. 3. Presentations. None. 4. Department Report. a. Garren Melton, Public Works Manager presented a 2021 Transportation Benefit District Annual Report and the 2021 Year-end Public Works Department Report. 5. Mayor’s Report. a. Mayor Crawford read the 2022 City of East Wenatchee School Choice week Proclamation. b. Mayor Crawford provided a Covid-19 update and expressed concerns regarding staffing issues and shortage of staff due to vacancies and COVID-19. 6. Action Items. a. Interim Public Works Manager Garren Melton presented Resolution 2022-02, updating the City’s residential street overlay program. Updating the City of East Wenatchee’s Transportation Benefit District project list (TBD). Comments provided by Councilmember Sleiman. Motion by Councilmember Tidd to approve Resolution 2022-02 as presented updating the project list for the East Wenatchee’s Transportation Benefit District. Councilmember Raab seconded the motion. Motion carried (7-0). b. Events Director/PIO Trina Elmes presented Resolution 2022-03, appointing members to the East Wenatchee Events Board (EWEB), appointing Lindsey Morrow to position 3 and Brent Schmitten to position 6. Comments provided by Councilmember Tidd. Motion by Councilmember Tidd to approve Resolution 2022-03 appointing members to the EWEB as presented. Councilmember Johnson seconded the motion. Motion carried (7-0). c. Interim Public Works Manager Garren Melton presented Resolution 2022-04, authorizing the Mayor to execute contract amendment #2 between the City of East Wenatchee and ARC Architects for bidding and construction administration services associated with the East Wenatchee City Hall Campus Improvements Project. Comments provided by Councilmember Tidd, Councilmember Magdoff, Mayor Crawford and Lori Barnett. 02/01/2022 City Council Meeting Agenda Page 33 of 83 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.) 1/18/2022 Council Meeting Minutes Page 3 of 3 Action Items Continued: Motion by Councilmember Tidd to approve Resolution 2022-04 and authorize the Mayor to sign ARC Contract amendment #2 associated with the City Hall Campus Improvements project as presented. Councilmember Magdoff seconded the motion. Motion carried (7-0). 7. Council Reports & Announcements. a. Councilmember Sleiman attended her first Wenatchee Valley Chamber of Commerce Board meeting and reported that the Annual Banquet is scheduled for March 31, 2022. Ms. Sleiman also shared information on upcoming events and encouraged the Council to visit the Chambers website for more information. Last, she shared that the search for an Executive Director for the Chamber continues. b. Councilmember Tidd provided an update regarding the Link Transit Board and shared that the no fare program will continue until June 2022. c. Councilmember Magdoff provided an update regarding the Housing Authority of Chelan County and the City of Wenatchee Board. She shared that the AARP Foundation will have free tax service at the Eastmont Community Center for citizens who need assistance with their taxes on Tuesdays and Thursdays, 10:00 am - 2:00 pm beginning February 1, 2022. d. Mayor Crawford reported that Rivercom 911 has a new Executive Director and that the Chelan-Douglas Health District Board is looking to fill several positions on the Board. e. Councilmember Hepner provided an update regarding the North Central Washington Economic Development District which will be offering a service to recruit retail companies to move to East Wenatchee. f. Councilmember Sterk shared that the Wenatchee Valley Museum and Cultural Center is ready to begin renovations. 8. Adjournment. With no further business, the meeting adjourned at 6:56 p.m. Jerrilea Crawford, Mayor Attest: Maria E. Holman, City Clerk 02/01/2022 City Council Meeting Agenda Page 34 of 83 CITY OF EAST WENATCHEE AGENDA BILL To: Mayor and City Council From: Maria Holman, Director of Human Resources Date: Tuesday, February 01, 2022 Subject: Agreement with Embark Safety for Driver Record Monitoring Services Summary Title: Agreement between the City of East Wenatchee and Embark Safety for driver record monitoring services (“Agreement”). Background/History: The City of East Wenatchee entered an Interlocal Agreement by Resolution 2015-20 with the Washington State Transit Insurance Pool (WSTIP) on 11/17/2015 for driver record monitoring services. As per the provisions of the Interlocal Agreement on 11/23/2021, the WSTIP notified an intent to end the Interlocal Agreement effective 12/31/2021, providing the 30-day notice. In August/September 2021, while still under contract with the City of East Wenatchee, WSTIP conducted an RFP for basic driver record monitoring services and asked the vendors to have their own agreement with Department of Licensing (not utilizing WSTIP’s contract with DOL). WSTIP utilized standard piggybacking language in the RFP and in the contract. Three proposals were received. The proposals were evaluated in terms of service and pricing. The proposals were reviewed first for compliance and understanding of costs. WSTIP reached out to vendors with questions about the proposals. All three vendors were asked to provide a demonstration of their product the week of October 4th. These platform demonstrations were attended by WSTIP Members with Member feedback solicited. WSTIP staff performed reference checks on the vendor whose proposal met member needs in terms of cost, quality, and service. The reference checks reassured Staff that the vendor selected would be able to provide the services proposed at the costs offered. The two lowest-cost proposals were selected (Data Driven Safety and Embark Safety.) The City of East Wenatchee used the RFP conducted by WSTIP to select between Data Driven Safety or Embark Safety to continue driver record monitoring services for city staff. Embark Safety has been selected as the vendor who best fits the needs of the city. Exhibit A – Resolution 2022-05 Recommended Action: Motion to approve Resolution 2022-05 and authorize the Mayor to execute an Agreement between Embark Safety and the City of East Wenatchee for Driver Record Monitoring Services. 02/01/2022 City Council Meeting Agenda Page 35 of 83 City of East Wenatchee Resolution 2022-05 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. 2022-05 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an agreement with Embark Safety for Driver Record Monitoring (DRM) Services and acknowledging termination of the Interlocal agreement with Washington State Transit Insurance Pool that was authorized by Resolution 2015-20. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la secretaria de la Ciudad en 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 an Agreement with Embark Safety for driver record monitoring (DRM) services as presented in Exhibit A. 3.1. Ending the Washington State Transit Insurance Pool Interlocal Agreement for Driver Record Monitoring Services effective 12/31/2021 (Resolution 2015-20). 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. 02/01/2022 City Council Meeting Agenda Page 36 of 83 City of East Wenatchee Resolution 2022-05 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 5. Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 1st day of February 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: 1/26/2022 Passed by the City Council: 2/01/2022 Effective Date: 2/01/2022 02/01/2022 City Council Meeting Agenda Page 37 of 83 1. EMBARK SAFETY SERVICES. Embark Safety is defined as a “consumer reporting agency” pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”) and applicable state law. The FCRA-regulated screening reports that Embark Safety furnishes pursuant to this Agreement are defined by the FCRA and applicable state law as “consumer reports” and/or “investigative consumer reports” (collectively, “Screening Reports”). Subject to the terms and conditions of this Agreement, and upon Subscriber’s request, Embark Safety will furnish Screening Reports and the related services described in this Agreement in connection with Subscriber’s screening of job applicants, employees and/or other individuals for which Embark Safety provides information for legally permissible purposes (each, an “Applicant”). Subscriber acknowledges and agrees that Embark Safety may fulfill its services under this Agreement through its affiliates and subsidiaries, provided, Embark Safety shall remain solely responsible for its obligations under this Agreement. Embark Safety relies on the information furnished by third-party information suppliers (“Suppliers”) and Embark Safety clients when preparing Screening Reports. References to “Screening Report(s)” refer to an entire Screening Report as well as any specific information contained in a Screening Report. If Subscriber obtains services from Embark Safety under this Agreement that fall outside the scope of the FCRA and similar United States laws (collectively, “Non-US Services”), the parties will enter into appropriate addenda setting forth their respective rights and obligations related to such Non-US Services. Except as otherwise established by the laws and regulations governing Non-US Services, all other terms and conditions of this Agreement will apply to the Non-US Services. 2. SUBSCRIBER OBLIGATIONS. (a) Compliance with FCRA and other Applicable Laws. Subscriber shall comply with all local, state, federal, and international laws and regulations (collectively, “Laws”) applicable to Subscriber in connection with its procurement and use of Screening Reports and other services provided pursuant to this Agreement. In utilizing Embark Safety’s FCRA-regulated services, Subscriber is considered a “user” of Screening Reports under the FCRA and applicable state law. Subscriber shall comply with its certifications and obligations set forth in Attachment A. Subscriber acknowledges it has received, reviewed and will comply with its obligations in the Notice to Users of Consumer Reports: Obligations Of Users Under The FCRA available at: http://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0111-fair-credit-reporting-act.pdf . Subscriber acknowledges that if it obtains Non-US Services under this Agreement, Subscriber may have additional or different legal obligations than those described in this section. Subscriber shall comply with all such obligations. Subscriber shall promptly notify Embark Safety if Subscriber believes it has failed to fulfill any obligation in this Agreement, including, without limitation, those obligations related to confidentiality, consumer privacy, data protection, and compliance with Laws. (b) Account Access and Maintenance. Subscriber shall designate to Embark Safety the name of a “Super User(s)” who shall be: (i) Subscriber’s main contact(s) for the services obtained under this Agreement, and (ii) responsible for the strict administration and control of Subscriber’s account identification numbers and passwords. The Super User(s) shall identify and authorize all Subscriber account users and their respective access privileges, and promptly notify Embark Safety of any changes of account users and/or if any account identification numbers or passwords become invalid, inactive or compromised in any manner. In accordance with Section 4, a Super User may be an Outsourced Provider. (c) Data Privacy and Security. Subscriber shall maintain reasonable and appropriate technical, physical, administrative and other organizational precautions and security measures to protect against unauthorized access to and/or misuse of the Embark Safety system and Screening Reports. At a minimum, Subscriber shall comply with the Information Access & Security Requirements set forth in Attachment A. Embark Safety may, in its reasonable discretion and without penalty, suspend and, upon written notice, cancel Subscriber’s account if Embark Safety reasonably suspects or identifies any misuse of or unauthorized access to its system and/or Screening Reports through Subscriber’s account. (d) Audits and Record Retention. Embark Safety and/or its Suppliers or their designated representatives may conduct reasonable periodic audits of Subscriber’s compliance with this Agreement. Unless otherwise required by applicable Laws, Subscriber shall maintain copies of all Applicant consent forms and pre-adverse and adverse action notices (as further described in Attachment A) for a minimum period of five (5) years, and Subscriber shall, upon reasonable advance notice, during its normal business hours, make available to Embark Safety and/or its Suppliers or their designated representatives such documentation reasonably requested to demonstrate Subscriber’s compliance with its obligations in this Agreement. If Subscriber becomes aware of an audit initiated by a third-party involving Embark Safety’s services provided pursuant to this Agreement, Subscriber shall provide Embark Safety prompt written notice of the audit. Unless otherwise required by applicable Laws, Subscriber shall not provide access to its Embark Safety account to any auditing party unless Embark Safety consents to such request and an Embark Safety representative participates in the review/audit. (e) Prohibition on Resale or Reuse of Reports. Except as otherwise set forth in this Agreement, Subscriber shall not, directly or indirectly, sell, transfer, disclose the contents of or distribute Screening Reports, in whole or in part, to any third-party (other than to the applicable Applicant or in conjunction with a Required Disclosure). Subscriber shall use Screening Reports solely as an end-user, for a single, one-time use. (f) Compliance; No Legal Advice. Subscriber acknowledges that Embark Safety will not render any opinions regarding Screening Report content, and Subscriber shall base its screening processes, guidelines and decisions on its own policies and procedures. Any consultation, training and forms provided by Embark Safety are provided for informational purposes only, and not for the purpose of providing legal advice. EMBARK SAFETY STRONGLY RECOMMENDS THAT SUBSCRIBER CONSULT WITH ITS OWN LEGAL COUNSEL FAMILIAR WITH SUBSCRIBER’S UNIQUE REQUIREMENTS AND LEGAL/REGULATORY OBLIGATIONS RELATED TO THE COMPLIANT PROCUREMENT AND USE OF SCREENING REPORTS AND OTHER SERVICES OBTAINED PURSUANT TO THIS AGREEMENT. 3. EMBARK SAFETY OBLIGATIONS. (a) Compliance with FCRA and Other Applicable Laws. Embark Safety shall comply with all Laws applicable to Embark Safety in its preparation and transmission of Screening Reports and other services provided pursuant to this Agreement. Embark Safety acknowledges that if it provides Non-US Services under this Agreement, Embark Safety may have additional or different legal obligations than those described in this section. Embark Safety shall comply with all such obligations. (b) Service Performance. Upon Subscriber’s request, Embark Safety shall, in accordance with the terms of this Agreement, perform the services identified in the Schedule of Fees attached hereto as Attachment B (“Schedule of Fees”). (c) Data Privacy and Security. Embark Safety shall implement commercially reasonable and appropriate technical, physical and administrative measures to protect Applicant data against Embark Safety’s accidental or unlawful destruction and unauthorized disclosure or access. Embark Safety is not responsible for disclosure or compromise of such data due to Subscriber’s acts or omissions or otherwise resulting from use of Subscriber’s passwords or accounts, due to no fault of Embark Safety. (d) Report Maintenance. Subject to Section 13(b), during the Term of this Agreement, Embark Safety shall maintain Screening Report information for a minimum of five (5) years, unless otherwise required or prohibited by applicable Laws. (e) Management Reports. Embark Safety shall provide Subscriber with Embark Safety’s standard “Management Reports” functionality to enable Subscriber to generate available reports relating to Subscriber’s account activity. (f) Service Standards; Disclaimer of Warranty. EMBARK SAFETY’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. EMBARK SAFETY WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH SCREENING REPORT, AND EMBARK SAFETY WILL RE-VERIFY ANY DISPUTED SCREENING REPORT IN ACCORDANCE WITH APPLICABLE LAWS. SUBSCRIBER ACKNOWLEDGES THAT EMBARK SAFETY IS NOT AN INSURER OR GUARANTOR OF THE ACCURACY, RELIABILITY, VALIDITY, DEPTH OR COMPLETENESS OF THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND IS OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD-PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF EMBARK SAFETY AND MAY NOT ALWAYS BE ACCURATE, CONSISTENT, VALID OR COMPLETE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EMBARK SAFETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND NONINTERRUPTION OF SYSTEM USE. 4. MOTOR VEHICLE REPORTS (a) Motor Vehicle Records. Subscriber acknowledges and agrees that motor vehicle reports (“MVRs”) and related information are considered Screening Reports for purposes of this Agreement. If Subscriber requests MVRs or related information from Embark Safety under this Agreement, then Subscriber further represents and agrees that: (i) it is qualified to do business and validly holds all licenses required to operate Subscriber’s business in all states where Subscriber conducts business and/or has employees; (ii) it will comply with all applicable Laws related to the use and review of MVRs, including, without limitation, the Driver’s Privacy Protection Act, 18 U.S.C. §2721 et seq. (“DPPA”); (iii) it will not use the MVRs to build its own database; and (iv) it will, from time to time upon Embark Safety’s request, execute paperwork required by applicable state Departments of Motor Vehicles and/or other data sources for Subscriber’s access to MVRs. 5. LIMITATION OF LIABILITY To the maximum extent permitted by applicable Laws, each party’s total liability to the other party pursuant to this Agreement (“Limitation of Liability”) shall not exceed three (3) times the fees paid by Subscriber and collected by Embark Safety pursuant to this Agreement within the twelve (12) month period immediately preceding the event(s) giving rise to the claim. Embark Safety’s liability shall be further limited to the extent that any Applicant conduct giving rise to the claim, and the damages sustained thereby, are reasonably of the same class as the Screening Report record at issue. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE 02/01/2022 City Council Meeting Agenda Page 38 of 83 DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Embark Safety and Subscriber shall each use good faith reasonable efforts to mitigate any potential damages or other adverse consequences arising from or related to this Agreement. 6. INDEMNIFICATION Each party (“Indemnifying Party”) shall indemnify, defend and hold the other party (“Indemnified Party”) harmless from and against any third-party claims, demands, suits, judgments, costs, expenses and liabilities, including, without limitation, reasonable attorneys’ fees (collectively, “Claims”), to the extent caused by the Indemnifying Party’s failure to comply with the FCRA or other applicable Laws. With respect to Embark Safety’s liability for any Applicant Claim alleging inaccurate or incomplete Screening Report information, Subscriber shall, prior to having taken any action adverse to the Applicant based on the Screening Report, have provided Embark Safety a reasonable opportunity to reinvestigate the disputed information in accordance with Embark Safety’s FCRA-imposed reinvestigation obligations and deadlines. If Subscriber engages Embark Safety to perform professional reference checks, Subscriber further agrees to defend, indemnify and hold Embark Safety harmless from and against all Claims with respect to the content of reference questions that have been customized at Subscriber’s request and the content of the reference’s responses accurately reported by Embark Safety as received from the reference. Each party’s total aggregate liability shall not exceed the Limitation of Liability applicable to such party as set forth in Section 5. An Indemnified Party seeking indemnification pursuant to this Agreement shall provide the Indemnifying Party with prompt written notice of a Claim and shall cooperate with the Indemnifying Party in good faith and in all reasonable respects in connection with the defense of any such action at the expense of the Indemnifying Party. The Indemnified Party may, at its option, participate in the defense of any such Claim, with its separate counsel and at its own cost, and the Indemnifying Party agrees to cooperate in good faith and in all reasonable respects with such counsel; provided, however, that the Indemnifying Party shall have sole control of the defense and any settlement of such Claim or action, and the Indemnified Party shall not compromise or settle any such Claim without the prior written consent of the Indemnifying Party. The Indemnifying Party shall not without the consent of the Indemnified Party (such consent not to be unreasonably withheld, conditioned or delayed), enter into any settlement that requires a finding or admission of fault of the Indemnified Party, or reasonably can be expected to require a material affirmative obligation of, result in any ongoing material liability to, or otherwise prejudice the Indemnified Party. 7. NOTICES Any notices regarding this Agreement: (i) must be in writing, (ii) must be delivered (a) by facsimile (with transmission confirmed), (b) in person, (c) by certified mail, return receipt requested, postage pre-paid, or (d) by a nationally recognized overnight delivery service; (iii) must be delivered to the applicable party at the address set forth below in this section, or such other address as a party may designate by notice in accordance with this section; and (iv) will be deemed given on the date of delivery. If to Embark Safety: If to Subscriber: Embark Safety COMPANY NAME (LEGAL ENTITY NAME): ___________________________________ PO BOX 780699 Orlando, FL 32878 CONTACT NAME: ___________________________________ Office (407) 536-7233 Fax: (877) 347-7745 ADDRESS: ___________________________________ CITY, STATE, ZIP CODE: ___________________________________ Compliance Certification; Information Access & Security Requirements A. Subscriber Compliance Certification Subscriber certifies to Embark Safety as follows with respect to each FCRA-regulated Screening Report Subscriber orders and/or receives: 1. Permissible Purpose. Subscriber shall procure and use Screening Reports only for the legally permissible purposes set forth in the Agreement. 2. Applicant Disclosure and Consent. Subscriber will ensure that prior to its procurement of a Screening Report for employment purposes: (i) Subscriber has made a clear and conspicuous disclosure in writing to the Applicant, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes (and for California Applicants, the disclosure shall also include the name, address and telephone number of Embark Safety, the nature and scope of the investigation requested, a summary of the provisions of Ca. Civil Code §1786.22, and otherwise comply with Ca. Civil Code §1786.16); and (ii) the Applicant has authorized in writing the procurement of the Screening Report by Subscriber (and for CA, OK and MN Applicants, Subscriber shall provide the Applicant, by means of a check box, an option by which the Applicant may indicate on their written consent form that the Applicant wishes to receive a copy of any Screening Report that is prepared). 3. Pre-Adverse Action Disclosures. In using a Screening Report for employment purposes, before taking any adverse action based in whole or in part on the Screening Report, Subscriber shall provide to the Applicant to whom the Screening Report relates: (i) a copy of the Screening Report; and (ii) a description in writing of the rights of the Applicant under the FCRA, as prescribed by the Federal Trade Commission under FCRA §609(c)(3) (“Summary of Consumer Rights”), and any other notices required by applicable Laws. 4. Adverse Action Disclosures. After providing the Applicant with the pre-adverse action disclosure described in paragraph 3 above, and after Subscriber has given the Applicant reasonable time to dispute the information contained in their Screening Report, Subscriber will, if intending to take adverse action with respect to the Applicant based in whole or in part on information contained in the Screening Report, send the Applicant a follow-up notification that the Subscriber is taking adverse action (e.g., denying employment or promotion) based in whole or in part on the information contained in the Screening Report. 5. EEO Compliance. The information from the Screening Report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. 6. Investigative Consumer Reports. For each Investigative Consumer Report, as defined by the FCRA (e.g., professional reference check), that Subscriber procures from Embark Safety, Subscriber has complied with its obligations under FCRA §606(a) and (b), including, without limitation, the following: a) clearly and accurately disclosing to the Applicant that an Investigative Consumer Report including information as to the Applicant’s character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure: i) is made in writing mailed, or otherwise delivered, to the Applicant not later than three days after the date on which the report was first requested; and ii) includes a statement informing the Applicant of his right to request the additional disclosures provided for under FCRA §606(b) as set forth in (b.) below, and a written Summary of Consumer Rights; and b) upon written request made by the Applicant within a reasonable period of time after the receipt by him of the disclosure required. Subscriber will make a complete and accurate disclosure of the nature and scope of the investigation requested. The disclosure will be made in a writing mailed, or otherwise delivered, to the Applicant not later than five days after the date on which the request for such disclosure was received from the Applicant or such report was first requested, whichever is the later. B. Information Access & Security Requirements 1. Subscriber shall protect its Embark Safety account identification number(s) and password(s) (“Account I.D.’s”) so that only key Subscriber personnel with an authorized need-to- know this sensitive information are given the ability to order and access Screening Reports. Subscriber shall not post or otherwise publicly display its Account I.D.’s. If a person who knows the Account I.D.’s leaves Subscriber’s company or no longer needs to have access due to a change in duties, the Account I.D.’s should be changed immediately. 2. Subscriber shall place all terminal devices or systems used to obtain Screening Reports in a secure location within Subscriber’s facility so that unauthorized persons cannot easily access them. After normal business hours or when left unattended, be sure to turn off and/or lock all such devices or systems used to access Screening Reports. 3. Subscriber shall secure hard copies and electronic files of Screening Reports within Subscriber’s facility so that only authorized personnel can access them. 02/01/2022 City Council Meeting Agenda Page 39 of 83 4. Subscriber shall shred or otherwise permanently destroy all hard copy Screening Reports when no longer needed and when applicable regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees. 5. Subscriber shall erase and overwrite or scramble electronic files containing Screening Reports and Applicant information when no longer needed and when applicable regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees. 6. Subscriber shall make all appropriate employees aware that Subscriber can order and use Screening Reports only for permissible employment purposes, and that employees may not order their own reports nor should they order or access the report of a family member or friend unless it is approved for the permissible employment purpose authorized in, and conducted in accordance with this Agreement. 7. Subscriber shall, in addition to its other obligations in this Agreement, comply with the “Access Security Requirements” and hereby incorporated by reference into this Agreement. Subscriber acknowledges that the Access Security Requirements are mandated by Embark Safety Supplier(s) and may be updated from time to time. By executing this Agreement, Subscriber represents to Embark Safety that Subscriber has reviewed and will comply with the Access Security Requirements to the extent applicable to the products and services Subscriber obtains from Embark Safety. 8. Subscribe must comply with all applicable laws that require the notification of individuals in the event of unauthorized release of Data or other event requiring notification. Subscriber must disclose the breach to Embark Safety prior to any public notification. In the event of a breach of Subscriber’s security obligations or any permissible use as stated herein, Subscriber must notify Embark Safety by telephone and e-mail of such an event within 24 hours of discovery (407)536-7233 admin@embarksafety.com Subscriber must also cooperate with Embark Safety to complete notification of all necessary individuals as determined by Embark Safety. Subscriber must reimburse Embark Safety for all costs associated with the notification, in addition to other reimbursable costs related to the breach. Subscriber: COMPANY NAME (LEGAL ENTITY NAME): CONTACT NAME: TITLE: DATE: AUTHORIZED SIGNATURE: Embark Safety Name: Edwin Sosa Title: General Manager, Authorized member Date: Authorized Signature: ________________________________ 02/01/2022 City Council Meeting Agenda Page 40 of 83 Attachment B Standard charges: Monitoring / System Fee MVR Connection Fee: applies when an MVR is request or when a new activity appears on a driver’s record $0.65 per driver per month $0.50 + State fee Additional charges: Account Setup Fee: $1,000 - WAIVED Optional Fees: • $10/driver class assigned through the platform – optional • PSP $10 + Connection Fee • CDLIS $2 + Connection Fee 02/01/2022 City Council Meeting Agenda Page 41 of 83 ACH FROM AUTHORIZATION NAME ON ACCOUNT: Click here to enter text. ACCOUNT HOLDER TYPE: Click here to enter text. ☐ INDIVIDUAL ☐ COMPANY ROUTING NUMBER: Click here to enter text. ACCOUNT NUMBER: Click here to enter text. ACCOUNT ADDRESS: Click here to enter text. CITY: Click here to enter text. STATE: ZIP CODE: I HEREBY AUTHORIZE EMBARK SAFETY LLC TO RETAIN THE ABOVE BANK ACCOUNT INFORMATION ON FILE TO PAY FUTURE ORDERS. I ACKNOWLEDGE THE INFORMATION ABOVE IS CORRECT ☐ I AGREE 02/01/2022 City Council Meeting Agenda Page 42 of 83 Attachment C States Monitoring Frequency Requirements MVR Lookback State Fees Notes Alabama Yes Monthly 3 Yrs $10.00 Alaska*Convictions Only Monthly 3 Yrs $13.00 Annual MVRs required Arizona*Convictions Only Monthly Last 4 SSN 3 Yrs $8.00 Annual MVRs required Arkansas Yes Weekly 3 Yrs $10.00 MVR provided when driver is enrolled to monitoring - Bi-annual MVRs required California Yes Daily State registration 3 Yrs $2.00 MVR provided when driver is enrolled to monitoring ($5.00 driver enrollment fee + connection fee), $2.00 activity fee. Annual MVR provided automatically on the date that the driver was originally enrolled to monitoring. Colorado Yes Monthly 7 Yrs $2.20 Connecticut Yes Monthly 3 Yrs $18.00 Delaware Convictions Only Monthly 3 Yrs $25.00 DC Yes Daily 3 Yrs $7.00 3 YR Report: $8.10 7 YR Report: $10.10 3 YR Report: $6.00 7 YR Report: $8.00 Hawaii N/A N/A 3 Yrs $23.00 MVR Monitoring is expected to be released by Q4 2020 Idaho Yes Daily 3 Yrs $9.00 Illinois*Yes Weekly Last 4 SSN 3 Yrs $12.00 Annual MVRs required Indiana*Yes Monthly Last 4 SSN + address 7 Yrs $7.50 Annual MVRs required Iowa*Yes Monthly Last 5 SSN 3 Yrs $8.50 Annual MVRs required Kansas Yes Monthly 5 Yrs $13.70 Kentucky*Yes Monthly 3 Yrs $5.50 Excludes class A license disqualifications - Annual MVRs required Louisiana Yes Daily 3 Yrs $18.00 Maine Yes Monthly 3 Yrs $7.00 Maryland Yes Daily 3 Yrs $12.00 MVR provided when a driver is enrolled into monitoring. Annual MVR provided automatically on the date when the driver was enrolled into monitoring Massachusetts Yes Daily/Monthly 3 Yrs $8.00 State provides daily suspension monitoring and monthly conviction monitoring Michigan Yes Weekly 7 Yrs $11.00 Annual MVRs required on the date that the driver was Minnesota Yes Daily 5 Yrs $5.00 Mississippi*Yes Monthly Last 4 SSN 3 Yrs $14.00 Annual MVRs required Missouri Yes Weekly 3 Yrs $5.88 MVR baseline provided on Fridays for drivers without a MVR baseline - Driver must be enrolled by Thursday before 4:00pm EST Montana Yes Monthly 3 Yrs $7.37 Nebraska Yes Monthly 3 Yrs $7.50 Nevada Yes Monthly 3 Yrs $8.00 New Hampshire N/A N/A 3 Yrs $13.00 State currently does NOT provide MVR monitoring New Jersey*Yes Monthly Full SSN + Zip Code 5 Yrs $12.00 Annual MVRs required New Mexico Yes Monthly 3 Yrs $6.50 New York Yes Daily 3 Yrs $7.00 Standard 3-YR MVR baseline provided when a driver is enrolled into monitoring ($7.00/driver) - MVR does NOT include Medical Certificate - Yearly license status report ($2.00) 3 YR Report: $10.00 7 YR Report: $10.00 North Dakota Yes Monthly 3 Yrs $3.00 Ohio Yes Monthly 3 Yrs $5.00 Oklahoma*Convictions Only Monthly 3 Yrs $27.50 Annual MVRs required Oregon Yes Monthly 3 Yrs $11.83 Pennsylvania*Yes Monthly State registration. Last 4 SSN 10 Yrs $15.00 Annual MVR required. State registration required for MVR request - 4-week turnaround - Annual MVRs required Rhode Island Yes Monthly 3 Yrs $20.00 South Carolina Yes Weekly 3 Yrs / 10Yrs $7.25 South Dakota Yes Monthly 3 Yrs $5.00 Tennessee Yes Monthly 3 Yrs $7.50 3 YR Report: $6.50 5 YR Report: $7.50 Utah Yes Monthly State registration 3 Yrs $11.00 State registration required for monitoring - 2-week turnaround Vermont*Yes Monthly 3 Yrs $18.00 Annual MVRs required Virginia Yes Daily 3 Yrs $8.00 Washington Yes Monthly 3 Yrs $13.00 West Virginia Yes Monthly 7 Yrs $12.50 Wisconsin Yes Daily 3 Yrs $7.00 Wyoming*Convictions Only Monthly 3 Yrs / 10 Yrs (CDL Only)$9.00 Annual MVRs required Florida Yes Daily 3 Yrs / 7 Yrs State provides daily suspension monitoring (Activity report $2.00) and monthly conviction monitoring Georgia Suspensions Only Monthly 3 Yrs / 7 Yrs MVR baseline provided when a driver is enrolled into monitoring North Carolina Yes Daily 3 Yrs / 5 Yrs Texas Yes Daily 3 Yrs / 5 Yrs (CDL Only) *Annual MVR Required. 02/01/2022 City Council Meeting Agenda Page 43 of 83 _____________________ Account Number Attachment E SUBSCRIBER CERTIFICATION OF USE Choose one: Insurance company I hereby certify: 1. The insurance carrier to which the named individual has applied for motor vehicle insurance or life insurance and/or has life insurance in effect covering the named individual. 2. That the insurance carrier or the agent of the insurance carrier designated below as Subscriber: a. Has motor vehicle insurance in effect covering the employer or a prospective employer; or b. Has motor vehicle insurance in effect covering the names individual; or c. Is the insurance carrier to which the employer or prospective employer has applied for motor vehicle insurance. 3. That ____________________________________________ is acting as agent for Subscriber. Contractor name 4. That abstracts of driver records shall be used exclusively for our insurance underwriting purposes only, and that no information contained therein shall be divulged, sold, assigned, or otherwise transferred to any third person or party. 5. That the information contained in the abstracts of driver records obtained from the Department shall be used in accordance with the requirements and in no way violate the provisions of RCW 46.52.130, attached in part for easy reference. Employer/Transit authority/Volunteer organization I hereby certify: 1. That the company or their agent designated below as Subscriber is an employer, prospective employer, a volunteer organization, or a transit authority for is vanpool program. 2. That _____________________________________ is acting as agent for Subscriber. Contractor name 3. That abstracts of driver records shall be used exclusively for determining: a. Whether the volunteer licensee meets those insurance and risk management requirements necessary to drive a vanpool vehicle, or b. Whether an employee, prospective employee, or volunteer should be employer to operate a vehicle or for employer purposes related to driving by an individual as a condition of that individual’s employment upon the public highways. 4. That no information contained therein shall be divulged, sold, assigned, or otherwise transferred to any third person or party. 5. That the information contained in the abstracts of driver records obtained from the Department shall be used in accordance with the requirements and in no way violate the provisions of RCW 46.5.130. The Subscriber listed below agrees to, and shall indemnify and hold harmless the state of Washington, Department of License (DOL), the Director of DOL, and all DOL employees from any and all suits at law or equity, and from any and all claims, demands or loss of any nature, including but not limited to all costs and attorney’s fees, arising from any incorrect or improper disclosure of individual names or addresses under this “Certification of Use;” any defects in any of Subscriber’s procedures followed or omitted or arising from the failure of Subscriber or its officers, employees, customers, contractors or agents to fulfill any of its obligations under this Contract; or arising in any manner from any negligent act or omission by Subscriber or its officers, employees, customers, contractors or agents. I affirm that I am a representative authorized to bind the Subscriber named below. Subscriber name Address Authorized representative name Title ___________________________________________ X_______________________________________ Date and Place Signed Authorized representative signature 02/01/2022 City Council Meeting Agenda Page 44 of 83 East Wenatchee Agenda Bill To: Mayor and Council From/Presenter: Garren Melton, Interim Public Works Manager Subject: 9th St NE & Valley Mall Parkway Signal Project – Supplemental Agreement Number 2 For Services During Construction Date: February 1, 2022 I. Summary Title: Supplement Number 2 to the consultant agreement between the City of East Wenatchee (City) and RH2 Engineering (RH2) for Services During Construction associated with the 9th St NE & Valley Mall Parkway signal project. II. Background/History: At the December 3, 2019 City Council Meeting Council authorized an agreement with RH2 Engineering for the design of a signalized intersection at 9th St NE and Valley Mall Parkway. The design has been completed and is undergoing a final review before going out to bid. The proposed agreement will allow RH2 to perform services during construction. These services include coordinating construction meetings, coordinating materials testing, reviewing material submittals, providing inspection services, reviewing change orders, providing project closeout support, etc. This agreement will add $143,654 to the maximum payable amount. The new maximum payable amount to RH2 is $294,814.98. This amount is higher than the initial budgeted amount for SDC but should not result in a cost overrun on the overall project budget (Design, SDC, Construction). III. Recommended Action: Authorize Mayor Crawford to execute the proposed Consultant Agreement between the City of East Wenatchee and RH2 Engineering for Services During Construction associated with the 9th St NE & Valley Mall Parkway signal project. IV. Exhibits: Resolution 2022-06 City of 02/01/2022 City Council Meeting Agenda Page 45 of 83 Financial Data Expenditure Required Amount Budgeted Appropriation Required $143,654 $126,710 Yes 02/01/2022 City Council Meeting Agenda Page 46 of 83 City of East Wenatchee Resolution 2022-06 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. 2022-06 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute Agreement Supplement #2 between the City of East Wenatchee and RH2 Engineering for services during construction associated with the 9th Street NE & Valley Mall Parkway 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. Exhibit A 02/01/2022 City Council Meeting Agenda Page 47 of 83 City of East Wenatchee Resolution 2022-06 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 02/01/2022 City Council Meeting Agenda Page 48 of 83 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 City of East Wenatchee RH2 Engineering, Inc. 2/18/2020 Refer to Exhibit B - Scope of Work. December 31, 2022 Refer to Exhibit C - Fee Estimate. Refer to Exhibit D - Negotiated Hourly Rates of Pay. 2 RH2 Engineering, Inc., 300 Simon Street SE, Suite 5 East Wenatchee, WA 98802 509-886-2900 December 31, 2022 9th Street NE & Valley Mall Parkway Intersection Improvements $285,561.24 Services During Construction Paul R. Cross - Executive Vice President Exhibit A 02/01/2022 City Council Meeting Agenda Page 49 of 83 Exhibit A Basic Agreement Supplement #1 Supplement #2 Total Direct Salary Cost $34,238.42 $7,403.00 $38,163.48 $79,804.90 Overhead (Including Payroll Additives)$64,553.11 $13,728.86 $74,456.96 $152,738.93 Direct Non-Salary Costs $15,013.10 $1,650.00 $8,422.60 $25,085.70 Fixed Fee $11,983.45 $2,591.05 $13,357.22 $27,931.71 Total $125,788.08 $25,372.90 $134,400.26 $285,561.24 Exhibit A 02/01/2022 City Council Meeting Agenda Page 50 of 83 1 11/3/20211:18:51 PM J:\Data\EW\20-0024\00 Contract\Amend No. 2\Amnd No. 2_SOW_9th&VMP Signal SDC.docx EXHIBIT B Scope of Work Supplemental Agreement No. 2 City of East Wenatchee 9th Street NE and Valley Mall Parkway Intersection Improvements Services During Construction November 2021 Background This Scope of Work describes the tasks to provide construction contract administration services for improvements to the intersection of 9th Street NE and Valley Mall Parkway in East Wenatchee, Washington. The project begins at the intersection of 9th Street NE and State Route 28 and continues through the intersection of 9th Street NE and Valley Mall Parkway.This amendment provides for services during construction.The project is funded through the Surface Transportation Program (STP) federal funding program. Task 5 –Services During Construction Objective:Provide construction contract administration and observation services for the 9th Street NE and Valley Mall Parkway Intersection Improvements project. Construction contract administration services include time before and after construction is complete. Approach: Attend Pre-Construction Conference –Prepare for and provide an agenda and meeting minutes for the pre-construction conference. Attend the pre-construction conference, to be held at RH2, with the RH2 project manager and one (1)RH2 observer. Provide additional copies of the plans and specifications in accordance with the construction contract documents. Coordinate Materials Testing –Coordinate with a materials testing laboratory to facilitate testing of the concrete, asphalt, and earthwork items in accordance with the Washington State Department of Transportation (WSDOT)Standard Specifications for Road, Bridge, and Municipal Construction.Materials testing services will be provided by Construction Special Inspection (CSI) as a subconsultant to RH2. Review Submittals –Prepare Record of Materials (ROM) spreadsheet to track submittal reviews. Review submittals for up to fifty (50) materials (Qualified Product Lists (QPLs), Request(s) for Approval of Materials (RAMs), manufacturer certificate of compliance, mix designs, and shop drawings) in accordance with the project plans and specifications. Maintain the ROM on a weekly basis during construction. Provide Construction Observation Services –Provide one (1) part-time project observer for an average of six (6) hours per day throughout construction. Provide specialized observation as required for signal and illumination construction. Observation duties will include the following: Exhibit A 02/01/2022 City Council Meeting Agenda Page 51 of 83 City of East Wenatchee Supplemental Agreement No. 2 9th Street NE and Valley Mall Parkway Intersection Improvements Exhibit B Services During Construction Scope of Work 2 11/3/20211:18:51 PM J:\Data\EW\20-0024\00 Contract\Amend No. 2\Amnd No. 2_SOW_9th&VMP Signal SDC.docx a.Monitoring and documenting the construction contractor’s daily operations through daily reports and photographs of the construction progress. b.Collecting item quantity tickets (IQTs) and measurements of items to be used in preparing the pay estimates. c.Addressing technical issues and questions onsite. d.Collecting and maintaining records for utilities, earthwork, surfacing, concrete, asphalt, and traffic control items. Maintaining the project ledger for payment of construction contract items. e.On-site coordination with utility purveyors. Respond to Questions and Attend Meetings –Attend weekly site visits by the RH2 project manager, or as requested, to participate in project meetings and/or address technical issues and respond to construction contractor questions that cannot be addressed in the field by the observer. Prepare a weekly statement of working days. Prepare Progress Payments –Prepare four (4) pay estimates based on quantities provided by the observer. Review Change Orders –Review and prepare up to two (2) change orders for City and WSDOT approval. Prepare Construction Record Drawings –Prepare construction records drawings based on RH2 observer and contractor records. Provide Project Closeout –Organize and maintain project records for closeout. Prepare letters as required for substantial completion, physical completion, and project completion. Provide Project Management Services –Review invoices and budget throughout the construction phase of the project. Communicate observed status of construction and budget with the City on a monthly basis. Coordinate with staff and contractor, and administer request for sublets, lower tier subcontractor certification, and statements of intent. Set up RH2’s construction files.Track, assemble, file, and maintain construction documentation. Coordinate with outside utilities and agencies, including the City, the contractor,WSDOT,East Wenatchee Water District, Douglas County Sewer District No.1,Wenatchee Reclamation District,Public Utility District of Douglas County, Frontier, Charter, Cascade Natural Gas, Link Transit, and Douglas County Fire District. Assist City staff with public outreach and business coordination by responding to questions during construction.It is anticipated RH2 will respond to questions from the business community by phone or email. Assumptions: ·The construction project will last sixty (60) working days. RH2 will perform services during construction up the level included in the attached Exhibit C –Fee Estimate. Additional effort, if needed, will be mutually determined by the City and RH2. Exhibit A 02/01/2022 City Council Meeting Agenda Page 52 of 83 City of East Wenatchee Supplemental Agreement No. 2 9th Street NE and Valley Mall Parkway Intersection Improvements Exhibit B Services During Construction Scope of Work 3 11/3/20211:18:51 PM J:\Data\EW\20-0024\00 Contract\Amend No. 2\Amnd No. 2_SOW_9th&VMP Signal SDC.docx ·RH2 is not responsible for site safety, for directing the contractor or others in their work, or for determining means and methods. RH2 Deliverables: ·Pre-construction meeting agenda and minutes (fifteen (15) hard copies). ·Construction plans and specifications (five (5) hard copies of half-size plans and specifications). ·Submittal reviews in PDF format. ·ROM in PDF format. ·Part-time construction observation. ·Construction observation reports and photos in PDF format. ·Responses to technical questions in PDF format. ·Weekly statement of working days in PDF format. ·Four (4) pay estimates in PDF format. ·Two (2) change orders in PDF format. ·Construction record drawings in PDF format. ·Letters of substantial completion, physical completion, and project completion in PDF format. ·Project records in PDF format. ·Monthly invoices in PDF format. Project Schedule Construction of the project is scheduled to begin in the spring of 2022 and continue for sixty (60)working days. Closeout of the project is currently anticipated in the summer/fall of 2022. Exhibit A 02/01/2022 City Council Meeting Agenda Page 53 of 83 EXHIBIT C Fee Estimate Supplemental Agreement No. 2 City of East Wenatchee 9th Street NE and Valley Mall Parkway Intersection Improvements Services During Construction Nov-21 Description Principal Project Engineer Staff Engineer Project Accounting Administrative Support Total Hours Total Labor Total Subconsultant Total Expense Total Cost Classification Professional VII Professional V Professional I Administrative IV Administrative III Task 5 Services During Construction 254 20 400 4 8 686 125,978$ 7,728.75$ 694$ 134,400.26$ 5.1 Attend Pre-Construction Conference 6 -2 -8 2,040.00$ -$ 1.35$ 2,041.35$ 5.2 Coordinate Materials Testing 4 ---4 1,214.76$ 7,728.75$ 692.50$ 9,636.01$ 5.3 Review Submittals 40 -20 -60 14,326.20$ -$ -$ 14,326.20$ 5.4 Provide Construction Observation Services 60 20 360 -440 61,397.40$ -$ -$ 61,397.40$ 5.5 Respond to Questions and Attend Meetings 40 ---40 12,147.60$ -$ -$ 12,147.60$ 5.6 Prepare Progress Payments 20 -8 -28 6,945.24$ -$ -$ 6,945.24$ 5.7 Review Change Orders 20 ---20 6,073.80$ -$ -$ 6,073.80$ 5.8 Prepare Construction Record Drawings 4 -8 -12 2,086.20$ -$ -$ 2,086.20$ 5.9 Provide Project Closeout 20 -2 4 26 6,700.98$ -$ -$ 6,700.98$ 5.10 Provide Project Management Services 40 --4 4 48 13,045.48$ -$ -$ 13,045.48$ PROJECT TOTAL 254 20 400 4 8 686 125,977.66$ 7,728.75$ 693.85$ 134,400.26$ J:\Data\EW\20-0024\00 Contract\Amend No. 2\Amnd No.2_FEE_9th&VMP Signal SDC.xlsm 11/3/2021 1:20 PM Exhibit A 02/01/2022 City Council Meeting Agenda Page 54 of 83 City of East Wenatchee 9th Street NE and Valley Mall Parkway Intersection Improvements Services During Construction Classification / Job Title Hourly Overhead @ Profit @ Rate x Labor Hours = Cost Rate 195.10%35.00%Per Hour Professional I 33.00$ 64.38$ 11.55$ 108.93$ 400.0 43,572.00$ Professional II 37.00$ 72.19$ 12.95$ 122.14$ 0.0 -$ Professional III 41.00$ 79.99$ 14.35$ 135.34$ 0.0 -$ Professional IV 50.00$ 97.55$ 17.50$ 165.05$ 0.0 -$ Professional V 60.00$ 117.06$ 21.00$ 198.06$ 20.0 3,961.20$ Professional VI 74.00$ 144.37$ 25.90$ 244.27$ 0.0 -$ Professional VII 92.00$ 179.49$ 32.20$ 303.69$ 254.0 77,137.26$ Professional VIII 105.00$ 204.86$ 36.75$ 346.61$ 0.0 -$ Professional IX 137.00$ 267.29$ 47.95$ 452.24$ 0.0 -$ Administrative I 24.00$ 46.82$ 8.40$ 79.22$ 0.0 -$ Administrative II 27.00$ 52.68$ 9.45$ 89.13$ 0.0 -$ Administrative III 31.00$ 60.48$ 10.85$ 102.33$ 8.0 818.64$ Administrative IV 37.00$ 72.19$ 12.95$ 122.14$ 4.0 488.56$ Administrative V 59.00$ 115.11$ 20.65$ 194.76$ 0.0 -$ 125,977.66$ Reimbursables Rate Qty CAD System Per Hour $27.50 0 -$ GIS System Per Hour $27.50 0 -$ CAD Plots Half Size $2.50 250 625.00$ CAD Plots Full Size $10.00 0 -$ CAD Plots Large $25.00 0 -$ In-house copies (each)8.5" X 11" B&W $0.09 765 68.85$ In-house copies (each)8.5" X 14" B&W $0.14 0 -$ In-house copies (each)11" X 17" B&W $0.20 0 -$ In-house copies (color) (each)8.5" X 11" Color $0.90 0 -$ In-house copies (color) (each)8.5" X 14" Color $1.20 0 -$ In-house copies (color) (each)11 X 17" Color $2.00 0 -$ Mileage 0.575$ 0 -$ 693.85$ Subconsultant Costs:7,728.75$ Subconsultant Markup:-$ Total Subconsultant:7,728.75$ Grand Total:134,400.26$ Prepared by: E. Howe Exhibit C Continued Consultant Fee Determination - Nogotiated Hourly Rate Consultant Agreement Exhibit A 02/01/2022 City Council Meeting Agenda Page 55 of 83 Labor Category Negotiated Hourly Labor Rate Overhead on Labor Rate Fixed Fee on Labor Rate Negotiated Rate Per Hour 195.10%35% Professional I 33.00 64.38 11.55 108.93 Professional II 37.00 72.19 12.95 122.14 Professional III 41.00 79.99 14.35 135.34 Professional IV 50.00 97.55 17.50 165.05 Professional V 60.00 117.06 21.00 198.06 Professional VI 74.00 144.37 25.90 244.27 Professional VII 92.00 179.49 32.20 303.69 Professional VIII 105.00 204.86 36.75 346.61 Professional IX 137.00 267.29 47.95 452.24 Administrative I 24.00 46.82 8.40 79.22 Administrative II 27.00 52.68 9.45 89.13 Administrative III 31.00 60.48 10.85 102.33 Administrative IV 37.00 72.19 12.95 122.14 Administrative V 59.00 115.11 20.65 194.76 CAD/GIS System $/hr 27.50$ CAD Plots Half Size price/plot 2.50$ CAD Plots Full Size price/plot 10.00$ CAD Plots Large price/plot 25.00$ Copies (bw) 8.5" X 11"price/copy 0.09$ Copies (bw) 8.5" X 14"price/copy 0.14$ Copies (bw) 11" X 17"price/copy 0.20$ Copies (color) 8.5" X 11"price/copy 0.90$ Copies (color) 8.5" X 14"price/copy 1.20$ Copies (color) 11 X 17"price/copy 2.00$ Mileage per mile (or Current IRS Rate)0.560$ Travel at Cost Subconsultants at Cost Outside Services at Cost EXHIBIT D Consultant Fee Determination - Summary Sheet (Negotiated Hourly Rates of Pay) RH2 Engineering, Inc., Fee Schedule Exhibit A 02/01/2022 City Council Meeting Agenda Page 56 of 83 August 16, 2021 RH2 Engineering, Inc. 22722 29th Drive SE, Suite 210 Bothell, WA 98021 Subject: Acceptance FYE 2020 ICR Audit Office Review Dear Myra Sachs: 20 Indirect Cost Rate (ICR) of 195.10% of direct labor. 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:mya Exhibit A 02/01/2022 City Council Meeting Agenda Page 57 of 83 Exhibit A 02/01/2022 City Council Meeting Agenda Page 58 of 83 Exhibit A 02/01/2022 City Council Meeting Agenda Page 59 of 83 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Resolution 2022-07 amending the interlocal agreement with Douglas County Solid Waste pertaining to the cleanup of homeless camps to add a one-time payment in 2022 for services. Date: February 1, 2022 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an amended and restated Interlocal Agreement between the City of East Wenatchee and Douglas County for the removal of unauthorized encampments from property within the City of East Wenatchee’s jurisdiction to amend Section 4.6 to add a one-time payment by the city for calendar year 2022, repealing Resolution 2020-15, and establishing an effective date. II. Background/History: In 2020, Becci Piepel, Director of the Douglas County Solid Waste Program approached the City with a proposal for their staff to clean up homeless camps within the City Limits. They had already been working on camps outside the city. On May 14, 2020, the City Council approved Resolution 2020-15 authorizing an interlocal agreement establishing the terms and conditions for Douglas County Solid Waste to remove unauthorized encampments from property within the city’s jurisdiction. The shoreline and Loop Trail areas were a priority for the cleanup efforts. No city funds were committed to the project. The county was able to fund part of the cleanup with a $45,000 grant that they received. In the urban area, between April and December of 2020, 100 camps were cleaned up (73 active and 27 inactive camps), 3,379 bags of garbage were collected totaling over 31,400 pounds of waste including 742 sleeping bags, 155 bikes, 25 shopping carts, knives, drug paraphernalia, and 4,550 pounds of metal. The county would like to continue these cleanup projects. The purpose of this Resolution is to amend and restate the interlocal agreement that was previously adopted to amend Section 4.6 for the 02/01/2022 City Council Meeting Agenda Page 60 of 83 city to make a one-time payment to Douglas County in the amount of $20,000 in the 2022 calendar year to pay for those services. The text below illustrates the amendment to Section 4.6. III. Recommended Action: Approve Resolution 2022-07 and authorize the Mayor’s signature on the amended and restated Interlocal Agreement between the City of East Wenatchee and Douglas County for the removal of unauthorized encampments from property within the City of East Wenatchee’s jurisdiction to amend Section 4.6 to add a one-time payment by the City for calendar year 2022 and repealing Resolution 2020-15. IV. Exhibits: Resolution 2022-07 and Exhibit A Financial Data: Expenditure Required Amount Budgeted Appropriation Required $ 20,000 $ 20,000 $ 0 02/01/2022 City Council Meeting Agenda Page 61 of 83 City of East Wenatchee Resolution 2022-07 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 3 City of East Wenatchee, Washington Resolution No. 2022-07 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to sign an amended and restated Interlocal Agreement Between the City of East Wenatchee and Douglas County for the Removal of Unauthorized Encampments from Property within the City of East Wenatchee’s Jurisdiction to amend Section 4.6 to add a one-time payment by the City for calendar year 2022, repealing Resolution 2020-15, and establishing an effective date. 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@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.17.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. 2.2. RCW 39.34.030 authorizes the City to enter into an agreement with another public agency joint or cooperative action. For an Interlocal Agreement to enter into force, the participating public agencies must take action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies. 3. Purpose. The purpose of this Resolution is to amend and restate the interlocal agreement that was approved by the City Council on May 14, 2020 with the passage of Resolution 2020-15 which established the terms and conditions for Douglas County Solid Waste to remove unauthorized encampments from property within the City’s 02/01/2022 City Council Meeting Agenda Page 62 of 83 City of East Wenatchee Resolution 2022-07 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 3 jurisdiction. This Resolution and the attached Interlocal Agreement amends Section 4.6 to stipulate that the City will make a one-time payment to Douglas County in the amount of $20,000 in the 2022 calendar year. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4. Interlocal Agreement. A true and correct copy of an Amended and Restated Interlocal Agreement Between the City of East Wenatchee and Douglas County for the Removal of Unauthorized Encampments from Property and authorizing a one-time payment of $20,000 is attached as Exhibit A. 5. Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A. 6. Repeal Resolution 2020-15. This resolution repeals Resolution 2020-15 passed by the City Council on May 19, 2020 authorizing an interlocal agreement for the homeless camp cleanup recorded on June 3, 2020, under auditor file number 3230867. 7. Recording. 7.1. 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. 7.2. Once the City Clerk receives the recorded Interlocal Agreement back from the Douglas County Auditor, he or she must record on the face of the Interlocal Agreement where it will be physically located in the City’s files. 7.3. Once the City Clerk has recorded on the face of the Interlocal Agreement, he or she must post a copy of the Interlocal Agreement on the City’s website that contains the Douglas County Auditor’s recording information and the information about where it is physically located in the City’s files. 8. 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. 02/01/2022 City Council Meeting Agenda Page 63 of 83 City of East Wenatchee Resolution 2022-07 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 3 of 3 9. 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 R. Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ 02/01/2022 City Council Meeting Agenda Page 64 of 83 Exhibit A02/01/2022 City Council Meeting Agenda Page 65 of 83 02/01/2022 City Council Meeting Agenda Page 66 of 83 02/01/2022 City Council Meeting Agenda Page 67 of 83 02/01/2022 City Council Meeting Agenda Page 68 of 83 02/01/2022 City Council Meeting Agenda Page 69 of 83 02/01/2022 City Council Meeting Agenda Page 70 of 83 02/01/2022 City Council Meeting Agenda Page 71 of 83 02/01/2022 City Council Meeting Agenda Page 72 of 83 02/01/2022 City Council Meeting Agenda Page 73 of 83 02/01/2022 City Council Meeting Agenda Page 74 of 83 02/01/2022 City Council Meeting Agenda Page 75 of 83 02/01/2022 City Council Meeting Agenda Page 76 of 83 02/01/2022 City Council Meeting Agenda Page 77 of 83 East Wenatchee Agenda Bill To: Mayor Crawford and Council From/Presenter: Garren Melton, Interim Public Works Manager Subject: 3rd Street SE and Rock Island Road Signal Project Consultant Selection for Design Services Date: February 1, 2021 I. Summary Title: 3rd Street SE and Rock Island Road Signal Project Consultant Selection for Design Services. 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. Rank Firm Score 1 Perteet 182 2 RH2 Engineering 176 Based on the proposal scores Perteet was deemed the “most qualified” consultant. The scope of work and fee associated with design services still needs to be negotiated. III. Recommended Action: Approve the selection of Perteet as the most qualified consultant. In addition, authorize Mayor Crawford, or her designee, to negotiate a consultant agreement in an amount not to exceed $101,775. City of 02/01/2022 City Council Meeting Agenda Page 78 of 83 IV. Exhibits: NA Financial Data Expenditure Required Amount Budgeted Appropriation Required NTE $101,775 $101,775 No 02/01/2022 City Council Meeting Agenda Page 79 of 83 02/01/2022 City Council Meeting Agenda Page 80 of 83 02/01/2022 City Council Meeting Agenda Page 81 of 83 02/01/2022 City Council Meeting Agenda Page 82 of 83 02/01/2022 City Council Meeting Agenda Page 83 of 83