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HomeMy WebLinkAbout12-05-2023 City Council Agenda PacketCITY OF EAST WENATCHEE CITY COUNCIL MEETING LOCATION: EAST WENATCHEE CITY HALL 271 9th Street NE | East Wenatchee, WA 98802 TO WATCH LIVESTREAM, CLICK HERE: https://us02web.zoom.us/j/81547715231 M EETING AGENDA 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE – Led by the Girl Scouts. 3.ROLL CALL 4.CONSENT ITEMS a.OMNIA Partners - Cyber Security Solutions and Associated Products & Services Agreement. Vouchers: b.Date: 12-05-2023 Checks: 59385-59435, in the amount of $2,680,916.33. Minutes: c.11-16-2023 Council Workshop Minutes. d.11-21-2023 Council Meeting Minutes. Motion by City Council to approve agenda, vouchers, and minutes from previous meetings. 5.CITIZEN COMMENTS The Council is providing opportunities for public comment in person, remotely, or by submitting written comment. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone (or unmute your screen), state your name and if you live within the East Wenatchee city limits. Citizen comments will be limited to three minutes. 6.PRESENTATIONS a.Recognition of Councilmember Sterk and Councilmember Raab. – Mayor Crawford. 7.PUBLIC HEARINGS The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, and will state the manner in which the hearing will proceed. Staff will first give a report, followed by public testimony. All speakers must speak into the microphone and clearly state their name and address. All comments should be addressed to the City Council, should be relevant to the topic, and should not be of a personal nature. Public testimony may be limited to three minutes, unless further time is granted by the Mayor. If there are a large number of speakers, a representative may be appointed to speak on behalf of the group. a.Public hearing to obtain comment on the “City of East Wenatchee 2022 Consolidated Annual Performance & Evalua�on Report (2022 CAPER). i.Resolu�on 2023-57, adop�ng the “City of East Wenatchee 2022 Consolidated Annual Performance and Evalua�on Report” in accordance with the requirements of the U.S. Department of Housing and Urban Development (HUD) regula�ons at 24 CFR Part 91 and establishing an effec�ve date. – Cur�s Lillquist, Community Development Director. Tuesday, December 5, 2023 6:00 PM Council Chambers pg. 3 pg. 40 pg. 58 pg. 59 pg. 62 12-05-2023 City Council Agenda Packet Page 1 of 121 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) 886-6104 (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.) 12-05-2023 Council Meeting Agenda Page 2 of 2 Motion by the City Council to approve Resolution 2023-57, adopting the City of East Wenatchee 2022 Consolidated Annual Performance and Evaluation Report and to authorize the Mayor to sign all required HUD certifications. 8.ACTION ITEMS a.Ordinance 2023-17, amending Ordinance 2022-28, which set the City of East Wenatchee 2023 Budget. – Josh Delay, Finance Director. Motion by City Council to approve Ordinance 2023-17, amending Ordinance No. 2022-28, which set the City of East Wenatchee 2023 budget as presented. b.Ordinance 2023-18, Garbage, Sewer, and Water Utility Tax Additions. – Josh DeLay, Finance Director. Motion by City Council to approve Ordinance 2023-18, amending Chapter 4.32 of the East Wenatchee Municipal Code to add garbage, sewer, and water as occupations subject to the City’s utility tax. c.Resolution 2023-58, Chelan County Regional Justice Center Interlocal Agreement. – Josh DeLay, Finance Director. Motion by the City Council to approve Resolution 2023-58, authorizing Mayor Crawford to execute an Interlocal Agreement with Chelan County Regional Justice Center as presented in Exhibit A. d.Review of Street Banner Application. – City Clerk, Anna Laura Leon. Motion by City Council to approve the Street Banner Application presented in Exhibit A. 9.MAYOR’S REPORT a.Clean Energy Expo b.Wings N Wishes Tree Lighting Holiday Event c.Employee Holiday Luncheon – Chili Cook off. 10.COUNCIL REPORTS & ANNOUNCEMENTS a.Reports/New Business of Council Committees. 11.ADJOURNMENT pg. 85 pg. 95 pg. 104 pg. 117 12-05-2023 City Council Agenda Packet Page 2 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 1/37 STATEMENT OF SERVICE Name: Kevin Rolnick Email: kevin.rolnick@criticalinsight.com Phone: +1 206-307-8035 Quote Date: 11-17-2023 Quote Expiration: 12-17-2023 Bill To: Ship To: Name: Ike Lasswell Name: Ike Lasswell Company: City of East Wenatchee, WA Company: City of East Wenatchee, WA Address: 271 9th St NE, East Wenatchee, WA, US, 98802 Address: 271 9th St NE, East Wenatchee, WA, US, 98802 Phone: (509) 888-8137 Phone: (509) 888-8137 Contract Name: OMNIA Partners - Cyber Security Solutions and Associated Products & Services Contract #: R200803 SERVICE SUBSCRIPTION SKU Description Qty Annual MSRP Disc % Annual Net Price CI-PS-IRPD Incident Response Plan Development¹ (SOW-2023-Q-12891-3-A ³) 1 $9,750.00 4% $9,360.00 CI-PS-IRTTE Incident Response Tabletop Exercise¹ (SOW-2023-Q-12891-3-B ³) 1 $12,501.00 4% $12,000.96 *Line items subject to Sales Tax and are not included in this quote. ¹Annual cost of these line items are billed on the Initial Invoice of each year they occur. ³Internal Reference Initial Annual Total: Total Contract Value: $21,360.96 $21,360.96 12-05-2023 City Council Agenda Packet Page 3 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 2/37 TERMS AND CONDITIONS This Statement of Service (“SOS”), effective as of the date of the signature of the last party to sign (the "Effective Date") is subject to the Critical Insight Master Services Agreement, and any other Exhibits, Attachments or Amendments hereto, which are each incorporated herein by reference, and which together with this SOS constitute the “Agreement”. Unless otherwise provided in this SOS, capitalized terms herein shall be as defined elsewhere in the Agreement. The terms of this Agreement constitute the final expression of the parties’ binding understanding in respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations and understandings, written and oral, in respect to same. Customer acknowledges that it has read the Agreement and agrees to be bound by its terms. • The term of this SOS is 12 month(s) commencing the Effective Date hereof. • Billing shall be based on Critical Insight reporting. Critical Insight and Customer shall reconcile in good faith any discrepancies in their respective tracking records, provided Critical Insight’s reporting shall control in the event of an irreconcilable discrepancy. • Customer shall be invoiced on an annual basis in advance. • The first invoice shall be issued thirty (30) days following the Effective Date. • Payment of invoiced amounts due no later than thirty (30) calendar days from date of invoice. • Pricing is based on the OMNIA Partners – Cyber Security Solutions and Associated Products & Services Contract #R200803. 12-05-2023 City Council Agenda Packet Page 4 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 3/37 Check one of the following: Purchase Order Required Purchase Order Not Required Customer Signature Billing Contact Name Name Billing Street Address Title City, State, Zip Date Billing Contact Phone Billing Email Critical Insight, Inc. Signature Name Title Date 12-05-2023 City Council Agenda Packet Page 5 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 4/37 EXHIBIT A CITY OF EAST WENATCHEE, WA INCIDENT RESPONSE PLAN DEVELOPMENT S COPE OF W ORK 11-17-2023 Presented To: Ike Lasswell Information Systems Manager City of East Wenatchee, WA 271 9th St NE, East Wenatchee, WA, US, 98802 ilasswell@eastwenatcheewa.gov (509) 888-8137 Submitted by: John-Luke Peck Consulting Practice Director Critical Insight, Inc. 500 Pacific Ave., Suite 650 Bremerton, WA 98337 (425) 508-5150 JLP@CriticalInsight.com 12-05-2023 City Council Agenda Packet Page 6 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 5/37 NOTICE Critical Insight has made every reasonable attempt to ensure that the information contained within this statement of work is correct, current and properly sets forth the requirements as have been determined to date . The parties acknowledge and agree that the other party assumes no responsibility for errors that may be contained in or for misinterpretations that readers may infer from this document. NON-DISCLOSURE STATEMENT The information in this document is Critical Insight Confidential, and cannot be reproduced or redi stributed in any way, shape, or form without prior written consent from Critical Insight, Inc. except if disclosure by Customer is compelled by the provisions of the Washington State Public Records Act, Ch 4 2.56 RCW . TRADEMARK NOTICE 2023 Critical Insight, Inc. All Rights Reserved, Critical Insight®, the Critical Insight, and Kraken logos and other trademarks, service marks, and designs are registered or unregistered trademarks of Critical Insight, in the United States and in foreign countries. © Copyright 2023 Critical Insight, Inc. 12-05-2023 City Council Agenda Packet Page 7 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 6/37 General Information Background & Objectives Purpose This SOW presents Critical Insight ’s approach and methodology for development of an Incident Response Plan (IR Plan) for City of East Wenatchee, WA . We will create an Incident Response Plan and process which includes: • Review of current Incident Management practices, processes and documentation currently in use at City of East Wenatchee, WA • Conducting a Gap Analysis of these incident management practice s against Standards of Good Practice and compliance with regulations • Based on the Gap Analysis, development of programmatic components not already in place and harmonization of existing incident management structures, plans, and guidance documents with th e overall Incident Management program objectives This SOW includes: • Scope of Work - Critical Insight ’s methodology for assisting and supporting City of East Wenatchee, WA ’s technology & executive teams, and the scope of work that will be performed • Deliverables - Description of the deliverables for this project • Project Assumptions - any assumptions that were used to derive the scope of work or pricing for this engagement 12-05-2023 City Council Agenda Packet Page 8 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 7/37 Key Business and Technical Contacts Customer Business Contact Information Name: Ike Lasswell Information Systems Manager Mailing Address: City of East Wenatchee, WA 271 9th St NE, East Wenatchee, WA, US, 98802 E -Mail Address: ilasswell@eastwenatcheewa.gov Phone Number: (509) 888 -8137 Critical Insight Business Contact Information Name: John-Luke Peck Consulting Practice Director & Critical Insight dCISO Mailing Address: Critical Insight, Inc. 500 Pacific Ave., Suite 650 Bremerton WA 98337 E -Mail Address: JLP@CriticalInsight.com Phone Number: (425) 508 -5150 12-05-2023 City Council Agenda Packet Page 9 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 8/37 Service Description and Scope This section provides a description of services, scope of activity, and required support requirements associated with the services. Scope of Activity The scope outlined below depicts the scope of activity associated with this engagement. Table 1: Scope of the Security Services Activity or Focus Scope & Delivery Requirements IR Plan Development Up to 4 meetings to establish a comp rehensive and formal incident management framework based on defined and managed processes for incident notification, communications, documentation, lessons learned, training, testing and auditing IR Plan Development Our Approach will execute the following tasks: • Review of current Incident Management practices, processes and documentation • Conduct a Gap Analysis against Standards of Good Practice and compliance with regulations • Develop new programmatic components with t he establishment and implementation of comprehensive, defined, managed, and measurable incident management processes • Develop/Amend/Enhance (existing) security policies and practices for incident monitoring and management • Develop a customized incident respo nse plan and methodology guide (based on industry -leading policies, guidelines, and processes) to provide a step -by-step process for detecting and responding to incidents occurring within your organization. Serving as a roadmap for effective incident respo nse, the methodology guide includes decision matrices for establishing incident severity, escalation areas, and management decision points • Develop documentation tools, operational procedures, and incident handling guides for consistent and repeatable guida nce for the response team • Harmonize existing incident management structures, plans, and guidance documents with the refined Incident Management program objectives The result is an IR Plan ready for use and for a Tabletop Exercise (TTE) to ensure readiness to deliver on the plan. A TTE is not included in this SOW, but we can prepare a separate 12-05-2023 City Council Agenda Packet Page 10 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 9/37 SOW if City of East Wenatchee, WA would like assistance in designing and delivering the TTE. City of East Wenatchee, WA Resource Requirements Achieving City of East W enatchee, WA ’s objectives will require active participation from both the Critical Insight Project Team as well as City of East Wenatchee, WA ’s own personnel. To ensure the timely and successful completion of this project, City of East Wenatchee, WA should expect at least the following resource time commitments from its own personnel: • A Project Manager should be assigned to the project to serv e as the single point of contact for the Critical Insight Project Team (City of East Wenatchee, WA may choose to assign the Project Sponsor and Project Manager role to the same person). This role will require a commitment of approximately 4 -6 hours during the course of the project. • Additionally, the following activities and estimated time allocations will be performed as part of the project in which City of East Wenatchee, WA -identified staff will participate: o Kick -off meeting – Interview on IR processes: 1 -2 hours o Playbook Development and Review : 1-2 hours Project Initiation Meeting Critical Insight recognizes the value of communication and ongoing collaboration with our customers. As such, we include a project initiation meeting (kick -off meeting) with all of our engagements. During the meeting, Critical Insight will address the following topics: • Introduce key people at City of East Wenatchee, WA and Critical Insight • Exchange contact information (for regular reporting and emergencies) • Review scope of services • Review communication, notification, and issue escalation procedures • Discuss other specific City of East Wenatchee, WA requests and rules of engagement • Discuss the involvement of the City of East Wenatchee, WA staff in the project for the purpose of knowledge transfer and security • Critical Insight will discuss the deliverab les required at completion of the project, the designated recipient, and the manner in which Critical Insight will forward those deliverables 12-05-2023 City Council Agenda Packet Page 11 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 10/37 Schedule Period of Performance City of East Wenatchee, WA understands and agrees that changes in critical factors (such as those listed below in Project Change Control , or a delay in signature of this document ) may impact Critical Insight ’s ability to meet certain dates. Project Start Date: Within Eight (8 ) weeks of Effective Date Project Completion Date: Within Eight (8 ) weeks of Start Date Project Change Control Critical Insight has made every attempt to accurately estimate time required to successfully complete the project. City of East Wenatchee, WA acknowledges and agrees that if impediments, complications, or City of East Wenatchee, WA requested changes in scope arise, these factors are out of the control of Critical Insight , and the length of the project and associated price could be impacted. Examples of valid impediments, complications, and changes in scope consist of (but are not li mited to): • City of East Wenatchee, WA initiated delay where City of East Wenatchee, WA is not prepared to allow Critical Insight to begin work on the agreed upon start date thus resulting in additional cost to Critical Insight for resources that have been sent to City of East Wenatchee, WA ’s site but cannot begin the Services • City of East Wenatchee, WA provided information necessary for timely delivery by Critical Insight is not accurate • Delays or problems associated with third party telecommunication equip ment o This includes, but is not limited to, cabling, servers, routers, hubs, and switches managed or installed by third parties • Malfunctioning hardware • Inability to access equipment or personnel that are required to complete the project • Conflicts or incompatibilities associated with the installation of hardware or software installed by Critical Insight • City of East Wenatchee, WA increases the scope of ser vices requiring additional labor, hardware, software, materials, travel, lodging, meals, or other direct costs If any change(s) from impediments, complications, or City of East Wenatchee, WA changes in the scope of services cause an increase or decrease in the price or level of effort of the SOW, or the time required for the performance of any part of the work to be accomplished 12-05-2023 City Council Agenda Packet Page 12 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 11/37 hereunder, whether or not such work is specifically identified in the written change, then the price, delivery schedules and other affected provision(s), if any, as applicable, shall be equitably adjusted and this SOW shall be modified in writing by the mutual agreement of the parties in accordance with this Section. 12-05-2023 City Council Agenda Packet Page 13 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 12/37 Service Deliverables Description Critical Insight will provide the following deliverables as part of this project: Table 2: Deliverable Description Name of Deliverable Description of Deliverable Incident Response Plan Incident Response Plan & up to 2 playbooks (scenario - based response guides) • A plan that provides a step -by-step process for detecting and responding to incidents occurring within your organization and can serve as a roadmap for effective incident response Acceptance of Deliverables City of East Wenatchee, WA has five (5) business days to inspect and acknowledge full delivery of the Services to be provided by Critical Insight hereunder upon completion and delivery of the Services by Critical Insight. City of East Wenatchee, WA will indicate such acknowledgement by signing Critical Insight’s Project Completion Form, a sample of which is attached as Appendix A: Project Completion Form . If City of East Wenatchee, WA believes that Critical Insight has no t fully delivered the Services to be provided hereunder and refuses to sign the Project Completion Form on that basis, City of East Wenatchee, WA shall identify in reasonable detail the specific Services or deliverables which City of East Wenatchee, WA bel ieves were not delivered, with specific reference to the corresponding sections of this SOW, via written notice to Critical Insight within such five (5) business day period. Following Critical Insight’s receipt of any such notification, the parties shall cooperate in good faith to promptly address and resolve any remaining Service delivery requirements. Upon Critical Insight’s delivery of the remaining Services, if any, City of East Wenatchee, WA’s right to inspect and acknowledge full delivery shall be as stated above. If City of East Wenatchee, WA fails to provide such acknowledgement or notice within the five (5) business days of receiving final deliverables, City of East Wenatchee, WA agrees that the services shall be deemed fully delivered to City of East Wenatchee, WA , even if City of East Wenatchee, WA has not signed the Critical Insight Project Completion Form. 12-05-2023 City Council Agenda Packet Page 14 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 13/37 Assumptions • City of East Wenatchee, WA will provide Critical Insight access to the business, customer, and technical information, and faci lities necessary to execute the solution • City of East Wenatchee, WA will provide Critical Insight on -site and off -site access to documents necessary for this assessment • City of East Wenatchee, WA will ensure that appropriate personnel are available to meet with Critical Insight, as necessary • Layer -3 devices will allow the protocols needed to discover and identify network services • Critical Insight will have approved access to vendors, for the purpose of obtaining device configurations, network diagrams, and details on monitoring or other processes that are performed on beha lf of City of East Wenatchee, WA o If required, City of East Wenatchee, WA will assist with obtaining this access • During this engagement, any vulnerabilities, sensitive data, or configuration data found will not be exploited or disclosed except to specified Customer staff • Discovery and investigation processes should not interrupt any processes or services or cause any impact to the availability of operations • Critical Insight will not be obligated to extend engagements when delays result from City of East Wena tchee, WA’s inability to meet stated prerequisites prior to an engagement, nor when delays result from City of East Wenatchee, WA personnel not being available to provide required support • During this effort, Critical Insight will not be responsible for ne gotiations with hardware, software, or other vendors, or any other contractual relationship between Customer and third parties o Critical Insight , at the request of City of East Wenatchee, WA , will provide input to City of East Wenatchee, WA regarding optimal product or vendor selection • Critical Insight will perform the work between 8:30 a .m . and 5:00 p .m . (local time) • As technical testing is included in the SOW which could require a fter -hour and weekend work, Critical Insight agrees to provide services as indicated below : After -hours upon request ? Yes No Weekend upon request ? Yes No 12-05-2023 City Council Agenda Packet Page 15 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 14/37 L ocation of services? All work will be conducted remotely 12-05-2023 City Council Agenda Packet Page 16 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 15/37 Cost Travel and Expense Reimbursement All work can be conducted remotely, if desired or requested. Travel and expenses are not required on this engagement, especially if pandemic restrictions are in place. If travel, meals, lodging, and other direct costs for the described effort are incurr ed after obtaining approval from the City of East Wenatchee, WA , those expenses shall be reimbursed by City of East Wenatchee, WA at actual cost. 12-05-2023 City Council Agenda Packet Page 17 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 16/37 EXHIBIT B CITY OF EAST WENATCHEE, WA INCIDENT RESPONSE PLAN REVIEW AND TABLETOP EXERCISE S COPE OF W ORK 11-17-2023 Presented To: Ike Lasswell Information Systems Manager City of East Wenatchee, WA 271 9th St NE, East Wenatchee, WA, US, 98802 ilasswell@eastwenatcheewa.gov (509) 888-8137 Submitted by: John-Luke Peck Consulting Practice Director Critical Insight, Inc. 500 Pacific Ave., Suite 650 Bremerton, WA 98337 (425) 508-5150 JLP@CriticalInsight.com 12-05-2023 City Council Agenda Packet Page 18 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 17/37 N OTICE Critical Insight, Inc. has made every reasonable attempt to ensure that the information contained within this statement of work is correct, current and properly sets forth the requirements as have been determined to date. The parties acknowledge and agree that the other party a ssumes no responsibility for errors that may be contained in or for misinterpretations that readers may infer from this document. NON-DISCLOSURE STATEMENT The information in this document is Critical Insight Confidential, and cannot be reproduced or redi stributed in any way, shape, or form without prior written consent from Critical Insight, Inc. TRADEMARK NOTICE 2023 Critical Insight, Inc. All Rights Reserved, Critical Insight ®, the Critical Insight and Kraken logos and other trademarks, service marks, and designs are registered or unregistered trademarks of Critical Insight, in the United States and in foreign countries. © Copyright 2023 Critical Insight, Inc. 12-05-2023 City Council Agenda Packet Page 19 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 18/37 General Information Background & Objectives Purpose City of East Wenatchee, WA would like for Critical Insight to conduct a n I ncident R esponse Tabletop Exercises (TTE) against th eir I ncident Response Plan (I RP). This statement of work describes the approach and objectives for each session: • To review and conduct a TTE or ‘dry run’ of the existing City of East Wenatchee, WA IRP o Ensure City of East Wenatchee, WA staff understand the roles, responsibilities and activities they will be required to perform when the IR P lan is activated o Provide recommendations for subsequent TTEs that will include scenarios designed to validate the remediation of weaknesses identified in the first TTE Scope Our approach for the TTE program executes the following tasks: • Review of current incident management and incident response practices, processes and documentation against applicable standards of practice • Document a formal incident response testing program for periodic evaluation of the effectiveness and applicability o f the program o Develop testing criteria, requirements and procedures for the periodic evaluation of the Incident Response Plan and its critical components • Conduct the first TTE according to one of the following IR frameworks o HITRUST CyberRX 2.0 Playbook Lev el 1 (Basic), a scenario -based exercise program to assess the cyber security response preparedness of healthcare organizations but is fully applicable to any organization o We recommend the CyberRX approach as the NIST methodology is not part of an integrate d TTE approach o A combination of the NIST 800 -62r2 Computer Security Incident Handling Guide (NIST.SP.800 -61r2), NIST 800 -84 Guide to Test, Training, and Exercise Programs for IT Plans and Capabilities (NIST.SP.800 -84) and NIST 800 -184 Guide for Cybersecuri ty Event Recovery (NIST.SP.800 -184) • Provide an after -action report that includes a Table of Findings and Recommendations for increasing the effectiveness of the IR process and plans 12-05-2023 City Council Agenda Packet Page 20 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 19/37 Table 3: IR Roles Description Area Incident Handler Role Function Management Oversight Make decisions on issues not outlined in procedures Information Security Lead Investigations Information Technology Support Provide technical support as required Physical Security Primary • Assess Physical Damage • Business Continuity • Physical Property Investigation • Safeguarding Evidence Legal Secondary Provide legal advice when requested Human Resources Consultation Provide information with regards to situations involving employees Communications Secondary Communicate with: • Internal: shareholders/owner, management, staff • External: press, public, vendors, law enforcement This SOW includes: • Scope of Work - Critical Insight ’s methodology for assisting and supporting City of East Wenatchee, WA ’s technology & executive teams, and the scope of work that will be performed • Deliverables - Description of the deliverables for this project • Project Assumptions - any assumptions that were used to derive the scope of work or pricing for this engagement 12-05-2023 City Council Agenda Packet Page 21 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 20/37 Key Business and Technical Contacts Customer Business Contact Information Name: Ike Lasswell Information Systems Manager Mailing Address: City of East Wenatchee, WA 271 9th St NE, East Wenatchee, WA, US, 98802 E -Mail Address: ilasswell@eastwenatcheewa.gov Phone Number: (509) 888 -8137 Critical Insight Business Contact Information Name: John-Luke Peck Consulting Practice Director & Critical Insight dCISO Mailing Address: Critical Insight, Inc. 500 Pacific Ave., Suite 650 Bremerton WA 98337 E -Mail Address: JLP@CriticalInsight.com Phone Number: (425) 508 -5150 12-05-2023 City Council Agenda Packet Page 22 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 21/37 Tabletop Exercise Service Description and Scope Project Management, Coordination, and Planning A key component of Critical Insight ’s project management approach is timely reporting of project progress and findings. This enables a proactive approach to addressing security risks discovered during the course of the project and ensures that all project stakeholders are completely informed at all times. Critical Insight will provide a highly qualified resource as Lead Consultant on the project and the Point of Contact (PoC) for the life of the contract ; a dditional resources may address specific areas of this body of work . The Lead Consult ant has experience in incident management, regulatory compliance and information security , managing enterprise -level projects , and communicating with Executives, Steering Committees, Regulators, and Auditors as well as IT and operational staff. City of East Wenatchee, WA Resource Requirements Achieving City of East Wenatchee, WA ’s objectives will require active participation from both the Critical Insight Project Team as well as City of East Wenatchee, WA ’s own personnel. To ensure the timely and successful completion of this project, City of East Wenatchee, WA should expect at least the following resource time commitments from its own personnel: • A Project Manager should be assigned to the project to serv e as the single point of contact for the Critical Insight Project Team o City of East Wenatchee, WA may choose to assign the Project Sponsor and Project Manager role to the same person • This role will require a commitment of approximately 4 -6 hours during t he course of the project • Additionally, the following activities and estimated time allocations will be performed as part of the project in which City of East Wenatchee, WA -identified staff will participate: o Kick -off meeting – Interview on IR processes and document collection : 1 -2 hour s o TTE Pre p a ration : 1-2 hour s Project Initiation Meeting Critical Insight recognizes the value of communication and ongoing collaboration with our customers. As such, we include a project initiation meeting (kick -off meeting) with all of our engagements. During the meeting, Critical Insight will address the following topics: • Introduce key people at City of East Wenatchee, WA and Critical Insight • Exchange contact information (for reg ular reporting and emergencies) 12-05-2023 City Council Agenda Packet Page 23 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 22/37 • Review scope of services • Review communication, notification, and issue escalation procedures • Discuss other specific City of East Wenatchee, WA requests and rules of enga gement • Discuss the involvement of the City of East Wenatchee, WA staff in the project for the purpose of knowledge transfer and security • Critical Insight will discuss the deliverables required at comple tion of the project, the designated recipient, and the manner in which Critical Insight will forward those deliverables • Describe/provide the City of East Wenatchee, WA IR Plan, processes and policies • Plan the TTE and identify participants o The Date of TTE will be coordinated and an invite will be sent to the Project Manager • Discuss pre -TTE communications from management to participants TTE Our preferred methodology is modeled on the CyberRX, a scenario -based exercise program to assess the cyber security response preparedness of healthcare organizations. CyberRX 2.0 is the next iteration following the successful introduction of CyberRX 1.0 in 2013. The CyberRX program is overseen by a steerin g committee comprised of representatives from the healthcare industry, HITRUST, and Department of Health and Human Services (DHHS). The CyberRX cycle includes the following phases and who is responsible for each phase : • Prepare and Plan – Critical Insight and City of East Wenatchee, WA • Conduct Exercise – Critical Insight and City of East Wenatchee, WA • Identify Lessons Learned – Critical Insight • Improve Cybersecurity P rogram – City of East Wenatchee, WA The NIST -based methodology has the following components: • Design. The design phase and planning for exercises typically starts at least one month in advance. The major steps in the event design process are as follows: o Determine the exercise topic based on the focus of the plan being exercised o Determine the exercise scope based on the target audience o Identify the objectives of the exercise o Identify the individuals that should participate in the exercise and invite them to the event 12-05-2023 City Council Agenda Packet Page 24 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 23/37 o Identify the staff for the exercise, including a facilitator and a data collector o Coordinate the logistics for the exercis e event. • Development. Typical documentation includes a briefing, a facilitator guide, a participant guide, and an after -action report. • Conduct . In this phase, the IR plan is actually exercised. Tabletop exercises are usually conducted in a classroom -t ype setting. The facilitator provides a briefing to the participants, then walks them through the scenario and initiates a group discussion using a question from the facilitator guide. As the discussion continues, the facilitator may inject additional qu estions periodically. The data collector documents issues to be included in the after -action report. Immediately following the facilitated discussion, the facilitator and data collector conduct an exercise debrief, in which they ask the participants in w hich areas they excel, in which areas they could use additional training, and which areas of the IT plan should be updated. • Evaluation. The comments from the debrief, along with lessons learned during the exercise, are captured in an after -action report. The report should include background information about the exercise, documented observations made by the facilitator and data collector, and recommendations for enhancing the I R plan that was exercised. Outcomes of the evaluation could include updating the I R plan or other security - related documents, briefing managers on the results, and performing other actions. Prepare and Plan The Kickoff Meeting will service as the forum for initial TTE planning and e xchange of information. Fourteen example scenarios are presented in the CyberRX ra n ging in complexity from one to three stars (levels of complexity, 3 being the most complex) and a subset of those chosen to be used in the first TTE. After review of the collected information and documentation, the Lead Consultant will adjust the plan and communicate those adjustments back to City of East Wenatchee, WA . City of East Wenatchee, WA will approve the final TTE plan no less than five (5) bu siness days prior to the scheduled TTE. Additional adjustments, or adjustments requested within five (5) business days prior to the scheduled TTE may affect the price and schedule commitments. Approximately 48 hour s prior to the TTE, a short, final pre -TTE con ference call will be conducted to ensure any final details have been addressed. Conduct Exercise The Lead Consultant will conduct the formal virtual TTE and document the strengths and weaknesses of the City of East Wenatchee, WA IR plan, process and po licy. The areas measured in a TTE are referred to in the CyberRX as the 10 Markers. The following ten markers are typical industry practices and are key activities, policies, or products to strengthen an organization’s cybersecurity capabilities: 1. Governance/People 2. Incident Response Policy and/or Guidelines 12-05-2023 City Council Agenda Packet Page 25 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 24/37 3. Internal Communications and Escalation 4. Training 5. Information Sharing 6. Vulnerability & Threat Management 7. Asset Management and 8. Vendor assessment 9. Lessons Learned 10. Updating plans and policies Lessons Learned Critical Insight will create a TTE report with a Table of Findings and Recommendations built around the Ten Markers and will form the basis of the Lessons Learned phase and will include the remediation activities for City of East Wenatchee, WA to con sider for the Improve Cybersecurity Program phase. City of East Wenatchee, WA will be given an opportunity to review the report before a final draft is delivered. Requested revisions will be incorporated when warranted into the final draft. Changes to the report after the final draft has been submitted may affect the price and sche dule commitments. Improve Cybersecurity Program City of East Wenatchee, WA addresses prioritized list of items for remediation. Repeat Prepare and Plan Each CyberRX cycle will include a Prepare and Plan stage that integrates scenarios design to provide validation of remediation and incorporation of l essons l earned into the City of East Wenatchee, WA IR plan, processes and polic i es. 12-05-2023 City Council Agenda Packet Page 26 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 25/37 Schedule Period of Performance City of East Wenatchee, WA understands and agrees that changes in critical factors (such as those listed below in Project Change Control, or a delay in signature of this document) may impact Critical Insight ’s ability to meet certain dates. Project Start Date: Within Eight (8 ) wee ks of Effective Date Date of TTE: Subject to confirmation upon Kick -off meeting Project Completion Date: Within E ight (8 ) weeks of Start Date Project Change Control Critical Insight has made every attempt to accurately estimate time required to successfully complete the project. City of East Wenatchee, WA acknowledges and agrees that if impediments, complications, or City of East Wenatchee, WA requested changes in scope arise, these factors are out of the control of Critical Insight , and the length of the project and associated price could be impacted. Examples of valid impediments, complications, and changes in scope consist of (but are not limited to): • City of East Wenatchee, WA i nitiated delay where City of East Wenatchee, WA is not prepared to allow Critical Insight to begin work on the agreed upon start date or scheduled Date of TTE, thus resulting in additional cost to Critical Insight for resources that have been sent to City of East Wenatchee, WA ’s site but cannot begin the Services . Refer to TTE Rescheduling Fees in Cost Section. • City of East Wenatchee, WA provided information necessary for timely delivery by Critical Insight is not accurate • Delays or problems associated with third party telecommunication equipment o This includes, but is not limited to, cabling, servers, routers, hubs, and switches managed or installed by third parties • Malfunctioning hardware • Inability to access equipment or personnel that are required to complete the project • Conflicts or incompatibilities associated with the installation of hardware or software installed by Critical Insight • City of East Wenatchee, WA increases the scope of ser vices requiring additional labor, hardware, software, materials, travel, lodging, meals, or other direct costs 12-05-2023 City Council Agenda Packet Page 27 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 26/37 If any change(s) from impediments, complications, or City of East Wenatchee, WA changes in the scope of services cause an increase or decrease in the price or level of effort of the SOW, or the time required for the performance of any part of the work to be accomplished hereunder, whether or not such work is specifically identified in the written change, then the price, delivery schedules and other affected provision(s), if any, as applicable, shall be equitably adjusted and this SOW shall be modified in writing by the mutual agreement of the parties in accordance with this Section. 12-05-2023 City Council Agenda Packet Page 28 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 27/37 Service Deliverables Description Critical Insight will provide the following deliverables as part of this project: Table 4: Deliverable Description Deliverable Description Tabletop Exercise One half (1/2) day exercise conducted by video teleconference designed to i dentify any weaknesses in the IR Program and to familiarize the staff with their responsibilities in the event of an incident TTE Report with Table of Findings and Recommendations A written report summarizing the results of the TTE that will include a Table of Findings and Recommendations for improving the City of East Wenatchee, WA Incident Management Program Acceptance of Deliverables City of East Wenatchee, WA has five (5) busin ess days to inspect and acknowledge full delivery of the Services to be provided by Critical Insight hereunder upon completion and delivery of the Services by Critical Insight. City of East Wenatchee, WA will indicate such acknowledgement by signing Critic al Insight’s Project Completion Form, a sample of which is attached as Appendix A: Project Completion Form . If City of East Wenatchee, WA believes that Critical Insight has not fully delivered the Services to be provided hereunder and refuses to sign the Project Completion Form on that basis, City of East Wenatchee, WA shall identify in reasonable detail the specific Services or deliverable s which City of East Wenatchee, WA believes were not delivered, with specific reference to the corresponding sections of this SOW, via written notice to Critical Insight within such five (5) business day period. Following Critical Insight’s receipt of an y such notification, the parties shall cooperate in good faith to promptly address and resolve any remaining Service delivery requirements. Upon Critical Insight’s delivery of the remaining Services, if any, City of East Wenatchee, WA’s right to inspect a nd acknowledge full delivery shall be as stated above. If City of East Wenatchee, WA fails to provide such acknowledgement or notice within the five (5) business days of receiving final deliverables, City of East Wenatchee, WA agrees that the services shal l be deemed fully delivered to City of East Wenatchee, WA , even if City of East Wenatchee, WA has not signed the Critical Insight Project Completion Form. 12-05-2023 City Council Agenda Packet Page 29 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 28/37 Assumptions Critical Insight used the following assumptions during development of this SOW. Any changes to these assumptions may affect the price and schedule commitments. • City of East Wenatchee, WA will provide Critical Insight access to the business, customer, and technical information, and facilities necessary to execute the solution • City of East Wenatchee, WA will provide Critical Insight on -site and off -site access to documents necessary for this assessment • City of East Wenatchee, WA will ensure that appropriate personnel are available to meet with Critical Insight, as necessary • Layer -3 devices will allow the protocols needed to discover and identify network services • Critical Insight will have approved access to vendors, for the purpose of obtaining device configurations, network diagrams, and details on monitoring or other proces ses that are performed on behalf of City of East Wenatchee, WA o If required, City of East Wenatchee, WA will assist with obtaining this access • During this engagement, any vulnerabilities, sensitive data, or configuration data found will not be exploited or disclosed except to specified Customer staff • Discovery and investigation processes should not interrupt any processes or services or cause any impact to the availability of operations • Critical Insight will not be obligated to extend engagements when delays result from City of East Wenatchee, WA’s inability to meet stated prerequisites prior to an engagement, nor when delays result from City of East Wenatchee, WA personnel not being available to provide required support • During this effort, Critical Insight will not be responsible for negotiations with hardware, software, or other vendors, or any other contractual relationship between Customer and third parties o Critical Insight , at the request of City of East Wenatchee, WA , will provide input to City of East Wenatchee, WA regarding optimal product or vendor selection • Critical Insight will perform the work between 8:30 a .m . and 5:00 p .m . (local time) • As technical testing is included in the SOW which could require a fter -hour and weekend work, Critical Insight agrees to provide services as indicated below : After -hours upon request ? Yes No Weekend upon request ? Yes No 12-05-2023 City Council Agenda Packet Page 30 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 29/37 Location of services? All work will be conducted remotely 12-05-2023 City Council Agenda Packet Page 31 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 30/37 Cost Travel and Expense Reimbursement All work can be conducted remotely, if desired or requested. Travel and expenses are not required on this engagement, especially if pandemic restrictions are in place. If travel, meals, lodging, and other direct costs for the described effort are incurr ed after obtaining approval from the City of East Wenatchee, WA , those expenses shall be reimbursed by City of East Wenatchee, WA at actual cost. TTE Rescheduling Fee Customer changes to the Date of TTE within 45 days of the confirmed Date of TTE will incur a 25% charge of the Service Cost and within 15 days of the confirmed Date of TTE will incur a 35% charge of the Service Cost at Critical Insight’s discretion. Critic al Insight will make best effort to accommodate rescheduling, but availability cannot be guaranteed. 12-05-2023 City Council Agenda Packet Page 32 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 31/37 CRITICAL INSIGHT MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT (“MSA”), together with any then-current Statement of Service (“SOS”) between Customer and Critical Insight, Inc.(“CI”) and the related exhibits, documentation and specifications CI may from time to time deliver or make available to Customer, govern and control the Services described in the ordering SOS. Capitalized terms not otherwise defined below shall have the meaning assigned to them in the SOS. Unless otherwise stated in a SOS, the terms of this MSA shall control any conflicting or inconsistent term in such SOS. 1. Definitions. Capitalized terms in this Agreement not otherwise defined have the meaning described below, for both singular and plural form. a. “Agreement” means this MSA, each SOS, and each exhibit that supplements the MSA and/or a SOS, as each such document may be amended from time to time. b. “Appliance” means the computer hardware unit integrated in Customer’s Internet server stack as part of CI’s provisioning process and included in, and required to enable activation and performance of, the CI Products. c. “CI Assets” means all computer hardware, software, networking tools and equipment, appliances and devices owned and operated by CI that are deployed or engaged in performance, in whole or part, of the Services, including any Appliance(s) provided to Customer in connection with the Services. d. “CI Products” means the CI Programs, Appliances, monitoring and response services, action plans, Reports, graphics, pictorial and functional representations, spreadsheets, presentations, analyses, processes, methods, procedures, concepts, know-how, techniques, practices, and all related manuals and Documentation, and modifications and improvements in respect to any of the foregoing, provided, delivered or made available to Customer by CI pursuant to a mutually executed SOS. e. “CI Programs” means the Critical Insight™ monitoring software programs and applications, designs, inventions, source code, tools, patches, updates and new versions to any of the foregoing, user ID’s, user interfaces, tokens, passwords and portals licensed to Customer by CI as part of the CI Products but excludes third-party software and custom programs, if any, developed by CI for Customer. f. “CI Services” means the consulting services described in the ordering SOS and any other professional services that CI provides to Customer at Customer’s request g. “Customer Data” means the in-bound and out-bound Internet borne data hosted on Customer’s proprietary servers that is accessed and monitored by the CI Programs. h. “Customer Infringement Exclusion” means (i) Customer's use of the CI Programs except as permitted under this Agreement or Customer’s combination of the CI Programs with any hardware, software or other materials either that are not provided by CI, or that could not reasonably have been anticipated to be used in combination with the CI Programs, in each case where absent such combination the CI Programs would be non-infringing, (ii) Customer's use of other than the most current release of the CI Programs that results in a claim or action for infringement that could have been avoided by use of the current release, provided that CI has supplied Customer with the most current release at no additional fee, or (iii) the provision by Customer to CI of materials, designs, know-how, software or other intellectual property with instructions to CI to use the same in connection with the CI Programs. i. “Confidential Information” means all information, data, and material one party hereto (the receiving party) obtains from the other party (the disclosing party) in connection with this Agreement; provided, that Confidential Information does not include information that: (i) was known to the receiving party without restriction before receipt from the disclosing party; (ii) is publicly available through no fault of the receiving party; (iii) is rightfully received by the receiving party from a third party without a duty of confidentiality; or (iv) is independently developed by the receiving party without reference to any Confidential Information of the disclosing party. Confidential Information also includes the terms of this Agreement, non-public personal or financial information relating to a party’s employees, customers or contractors, all trade secrets, processes, proprietary data, information or documentation and any pricing or product information the disclosing party provides to the receiving party. j. “Documentation” means the Service descriptions, playbooks, instructions and protocols set forth in digital or hard copy format and provided or made available to Customer by CI. k. “Effective Date” means the date set forth in the signature block of this Agreement. l. “Excused Downtime” means any of the following: (i) force majeure events as defined in Section 16.a. hereof; (ii) data transmission failures outside the control of CI; and (iii) scheduled and emergency maintenance outages. Schedule maintenance is generally conducted between the hours of 8 p.m. Saturday and 8 a.m. Sunday, U.S. Pacific Time. Maintenance outages include, without limitation, installation of software updates and patches, service packs and routine server and application configuration changes. CI may schedule a non- routine maintenance outage on an as needed basis in its sole discretion and, except in instances of emergency maintenance, will use commercially reasonable efforts to notify Customer forty-eight (48) hours in advance of any such outage. 12-05-2023 City Council Agenda Packet Page 33 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 32/37 m. “Report” means any written summary, analysis, finding, schedule or other, similar document prepared for Customer by CI as part of the Services specified in the ordering SOS. n. “Security Breach” means the actual or suspected unauthorized third-party access to or use of the CI Assets that compromises the security or functionality of such assets or the confidentiality or integrity of any Customer Confidential Information stored thereon. o. “Services” means the CI Products and CI Services together. p. “Services Term” shall have the meaning set forth in Section 11.a. hereof. q. “Termination Event” means with respect to either party, that party becomes the subject of a proceeding under the Bankruptcy Code, (i) seeking the appointment of a trustee, receiver or custodian or (ii) seeking the liquidation, winding-up, dissolution, reorganization or the like of such party, and the proceeding is not dismissed within 30 days of its commencement. If a party is subject to a Termination Event, such party shall promptly use commercially reasonable efforts to seek court authorization to pay all post-petition fees as an administrative expense. r. “Termination Fee” means the pro-rated portion of the total Service fee specified in the ordering SOS applicable to the period remaining in the then current Services Term as of the effective date of termination. 2. Services. CI will provide Customer the Services set forth in one or more SOS’s, which the parties may enter into from time to time, for the term of such SOS. Each SOS, and any related exhibits, will provide additional terms and conditions specific to the Services described in such SOS. 3. Implementation & Performance. At all times during the term of the SOS, Customer will provide to CI such access to Customer’s technology infrastructure, including proprietary and licensed software and service programs and applications, and authorized personnel as specified in the SOS, the Documentation, and as CI may otherwise reasonably require to configure, integrate, enable, deliver and perform the Services set forth in the SOS. Customer will promptly obtain and provide to CI any required licenses, approvals, consents, permissions and credentials to Customer’s facilities, systems, hardware, devices, software and services, as necessary for CI’s timely access, performance and delivery of the Services. Customer acknowledges and agrees (a) that CI’s performance and delivery of the Services are at all times conditioned upon (i) Customer providing timely, secure and unencumbered access to Customer’s authorized personnel, facilities, equipment, systems, hardware, software, devices, network and data, and (ii) Customer’s timely decision-making and granting of approvals, authorizations or permissions; and (b) that CI shall not be in breach of its Services obligations hereunder, or liable for any resulting loss, damage or injury, arising from or in any way related to (A) Customer’s failure to timely satisfy and perform the conditions to CI’s performance herein specified, or (B) CI’s implementation and performance of Documentation-authorized protocols. 4. CI Program License. Upon mutual execution of an SOS for delivery of CI Program support, payment of the fees set forth in such SOS and for the duration of the term of such SOS, Customer will have a nonexclusive, non-assignable (except as provided in Section 16.e.), non-sublicensable, royalty-free, worldwide limited right to access and use the CI Programs solely for Customer’s internal business operations and subject to the terms of this Agreement. Only Customer’s authorized personnel may access and use the CI Programs, and Customer is solely responsible for compliance with this Agreement by users accessing the CI Programs with Customer’s credentials. 5. Ownership and Restrictions. Customer retains all ownership and intellectual property rights in and to Customer Data and, subject to timely payment of applicable Service fees, any Reports prepared by CI for Customer. CI irrevocably assigns and transfers to Customer all of its worldwide right and title to, and interest in, the Reports, including all associated copyright, patent, trade secret, trademark and any other intellectual property or proprietary rights ("Intellectual Property Rights"). Additionally, CI grants to Customer a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, non-terminable, transferable, sublicensable license to all Intellectual Property Rights used in the creation of the Reports in order for Customer to exercise its rights in the Reports as contemplated by the applicable SOS. Without limiting the foregoing, (i) the Reports are “works made for hire” to the extent permitted by law, and (ii) CI will not assert, and otherwise waives, any “moral rights” in the Reports and CI hereby assigns all right, title and interest in such materials to Customer and agrees to reasonably assist Customer, at Customer's expense, to perfect such interest. Except for Reports provided to Customer as part of the Services, CI retains all ownership and Intellectual Property Rights in and to the Services, and in furtherance thereof, Customer may not: a. Remove or modify any proprietary marking or notice of CI’s proprietary rights; b. Make any aspect of the Services available in any manner to any third party for commercial use by such party, unless such access in expressly permitted in a SOS; c. Modify, make derivative works from, disassemble, reverse engineer or reverse compile any part of the Services (the foregoing prohibition includes, without limitation, review of data structures, signatures or similar materials produced by the Services), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to CI; d. Except for Reports and as required by applicable law, disclose to any third party the results of any Service without CI’s prior written consent; e. License, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timeshare or service bureau use, or otherwise commercially exploit or make the Services available to any third party other than as expressly authorized under this Agreement. 12-05-2023 City Council Agenda Packet Page 34 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 33/37 6. Exclusions. Customer is solely responsible for any hardware, software and networking tools, devices and appliances that are not provided by CI pursuant to this Agreement. Customer’s responsibilities include, without limitation, Customer systems installation, maintenance and administrator activities, software and application licensing requirements, conditions and related financial commitments. Customer is solely responsible, at Customer’s expense, for establishing, maintaining, operating and regulating Customer’s access to the Internet, including without limitation, all computer hardware and software and properly configured and installed systems, browsers, modems, access lines and distributed networks necessary to enable, maintain, monitor and control Customer’s Internet access. 7. CI Assets. During the term of this Agreement, CI shall observe and maintain data, technical and physical systems and asset security, personnel practices, and continuous monitoring and maintenance protocols in respect to each of the foregoing, all in design, manner and practice consistent with then prevailing industry standards, to: (a) protect and maintain the integrity of (i) all Customer Data and Customer Confidential Information in CI’s possession, and (ii) CI Assets, from unauthorized use, alteration, access, disclosure, damage or destruction; (b) detect, protect against and prevent a Security Breach; and (c) provide CI employees and agents the appropriate training necessary to maintain the confidentiality, security and physical integrity of (i) Customer Data and Customer Confidential Information in CI’s possession, (ii) Critical Insight’s Confidential Information, and (iii) the CI Assets. CI shall promptly notify Customer upon discovery of a confirmed Security Breach. 8. CI Programs Service Levels. CI will use commercially reasonable efforts to achieve the minimum availability of the CI Programs set forth in the Documentation, not including the Excused Downtime, and CI will monitor the availability of its systems on a 24/7 basis. 9. Warranties, Disclaimers and Exclusive Remedies. CI warrants (i) that the CI Products will be performed in all material respects in accordance with the Service Documentation referenced in the ordering SOS, (ii) that the CI Programs shall be maintained and available at the service levels specified in Section 8 hereof, and (iii) that the CI Services will be performed in a good and workmanlike manner substantially in accordance with industry standards. If the Services provided to Customer for any given calendar month during the Services Term are not performed as warranted, Customer must provide written notice to CI no later than five (5) business days after the last calendar day of such month or, if different, as provided in the ordering SOS. CI DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT CI WILL CORRECT ALL SERVICE ERRORS. CUSTOMER ACKNOWLEDGES THAT CI DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING WITHOUT LIMITATION, THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO THE LIMITATION, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. IN ADDITION, DELIVERY OF THE CI SERVICES MAY BE CONTINGENT UPON THE ACCESS, SUPPORT AND COOPERATION OF CUSTOMER, WITHOUT WHICH SUCH SERVICES CANNOT BE PERFORMED. CI IS NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIMES LIABILITY FOR, ANY DELAYS, DELIVERY OR SERVICE FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS AND CONDITIONS. FOR ANY BREACH OF THE ABOVE WARRANTIES, CI WILL REMIT A SERVICE FEE CREDIT TO CUSTOMER EQUAL TO TEN PERCENT (10%) OF (A), IF FOR CI PRODUCTS, THE NET MONTHLY FEES FOR THE APPLICABLE CI PRODUCTS FOR THE MONTH IN WHICH THE BREACH OCCURRED; AND (B), IF FOR CI SERVICES, THE NET SERVICE FEE SET FORTH IN THE ORDERING SOS. THE CREDIT WILL BE APPLIED AS FOLLOWS: (X) FOR CI PRODUCTS, AT CUSTOMER’S SOLE ELECTION, (i) AS AN OFFSET AGAINST ACCRUED BUT UNPAID FEES THEN OWED TO CI, IF ANY, (ii) AS A CREDIT TOWARD RENEWAL TERM FEES, IF ANY, NEXT COMING DUE, OR (iii) AS A REFUND PAYMENT BY CI; AND (Y) FOR CI SERVICES, ONLY AS AN OFFSET TOWARD ANY ACCRUED BUT UNPAID FEES OWED TO CI FOR THE RELATED SERVICES, AND APPLICATION OR REMITTANCE, AS THE CASE MAY BE, OF SUCH CREDIT WILL REPRESENT CUSTOMER’S EXCLUSIVE REMEDY, AND FULL SATISFACTION OF CI’S SOLE LIABILITY, FOR ALL WARRANTIES SPECIFIED IN THIS AGREEMENT. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE SERVICES, INCLUDING ANY REPORTS OR OTHER TANGIBLE OR INTANGIBLE ITEMS FURNISHED BY CI TO CUSTOMER, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND. CI MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES WILL RENDER CUSTOMER’S NETWORK AND SYSTEMS SAFE FROM MALICIOUS CODE, INTRUSIONS, OR OTHER SECURITY RISKS OR BREACHES OR THAT THE SERVICES WILL DETECT, REPORT OR NEUTRALIZE ALL SUCH MALICIOUS CODE, INTRUSIONS, SECURITY RISKS OR BREACHES. TO THE EXTENT NOT PROHIBITED BY LAW, THE FOREGOING WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING FOR HARDWARE, SOFTWARE, SYSTEMS, NETWORKS, ENVIRONMENTS OR SERVICES OR FOR MERCHANTABILITY, NONINFRINGEMENT, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. 10. Indemnity. a. CI Infringement Indemnity. Subject to Section 10.c., CI will defend Customer in any suit or cause of action, and indemnify and hold Customer harmless against, and pay on behalf of Customer, any damages awarded to third parties in any such suit or cause of action (including reasonable attorneys’ fees awarded to such third 12-05-2023 City Council Agenda Packet Page 35 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 34/37 parties and settlement amounts) alleging that the CI Programs as provided by CI and used in accordance with the terms of this Agreement infringe upon any United States patent, copyright, trade secret, or other proprietary right of a third party, provided that, the foregoing infringement indemnity will not apply and CI will not be liable for any damages assessed in any suit or cause of action to the extent resulting from a Customer Infringement Exclusion. If any CI Program is held or believed to infringe on any third party’s intellectual property rights, CI may, in its sole discretion, (i) modify the CI Program to be non-infringing, (ii) obtain for Customer a license to continue using such CI Program, or (iii) if neither (i) nor (ii) are commercially practical, terminate this Agreement as to the infringing CI Program and return to Customer any unearned fees paid by Customer to CI in advance. This Section 10.a. states CI's entire liability and Customer’s exclusive remedies for infringement of intellectual property rights of any kind. b. Customer Infringement Indemnity. Subject to Section 10.c., Customer will defend CI in any suit or cause of action, and indemnify and hold CI harmless against, and pay on behalf of CI, any damages awarded to third parties in any such suit or cause of action (including reasonable attorneys’ fees awarded to such third parties and settlement amounts) alleging infringement upon any United States patent, copyright, trade secret, or other proprietary right of a third party, to the extent that any such suit or cause of action results from an allegation of a Customer Infringement Exclusion. This Section 10.b. states Customer's entire liability and CI’s exclusive remedies for infringement arising from a Customer Infringement Exclusion. c. Indemnity Conditions. The indemnities set forth in this Agreement are conditioned upon the following: (i) the indemnitee (“Indemnitee”) promptly notifies the indemnitor (“Indemnitor”) in writing of such suit or cause of action, provided, that, any failure by Indemnitee to so promptly notify Indemnitor will not serve to reduce or forfeit an Indemnitee’s rights hereunder unless and only to the extent such failure prejudices the rights and remedies of Indemnitor in respect to such suit or proceeding, (ii) the Indemnitor controls any negotiations or defense and the Indemnitee assists the Indemnitor as reasonably required by the Indemnitor, and (iii) the Indemnitee takes all reasonable steps to mitigate any potential damages that may result. 11. Term and Termination. a. Services under this Agreement shall be provided for the initial Services Term set forth in the ordering SOS. Unless CI receives written notice from Customer at least sixty (60) days prior to the expiration of the then current Services Term, the SOS and related Services shall automatically renew for successive renewal Services Terms of one (1) year each. The initial term of the Services and any renewal term thereof are, herein, the “Services Term”. Upon expiration or earlier termination of the Services Term, (i) if CI Services, all obligations of CI to perform and deliver, and all rights of Customer to receive, the CI Services, including the CI Services listed on the ordering SOS, shall contemporaneously terminate, (ii) if CI Products, all rights of Customer to access and use, and all obligations of CI to enable and provide, the CI Products, including the CI Products listed in the ordering SOS, shall contemporaneously terminate, (iii) if no ordering SOS is then in effect, the term of this Agreement shall contemporaneously terminate or expire, as applicable, and (iv) Customer shall promptly assemble any Appliance(s) located on Customer’s premises for retrieval by CI’s designated vendor for delivery to CI (at CI’s sole expense). Customer is responsible for (x) returning such Appliance(s) to CI in good and operable condition, normal wear and tear excepted, and (y) the full replacement cost of any Appliance that is damaged while in Customer’s possession or that Customer otherwise fails to return to CI as herein required, which amount shall be due upon demand by CI. b. If either party breaches a material term of the Agreement and fails to cure the breach within thirty (30) calendar days of delivery by the non-breaching party of written notice of breach and demand for cure thereof, then the breaching party is in default and the non-breaching party may without further notice to the breaching party immediately terminate the then current SOS. If CI terminates the SOS and related Services Term as specified in the immediately preceding sentence, Customer shall pay to CI all accrued but unpaid fees, if any, for the period prior to the effective date of termination, plus, as an early termination fee and not a penalty, the Termination Fee. In addition to the foregoing, any then current SOS will automatically terminate in the event of a Termination Event. c. In addition, CI may immediately upon written notice to Customer, at CI’s sole election, either (i) suspend the Services under the ordering SOS, including without limitation and if applicable, Customer’s passwords, account and access to and use of the CI Products, or (ii) terminate the ordering SOS, (A) if Customer fails to pay CI as required under this Agreement and fails to cure the non-payment within ten (10) calendar days of delivery by CI of written notice of breach due to non-payment, (B) if Customer violates any provision of Sections 3, 4, 5 or 13 hereof, or (C) if CI concludes that Customer’s requests, requirements or commercial activities expose the Services or CI personnel to risk of harm, damage, injury, liability or violation of applicable law. Any suspension by CI of the Services under this Section 11.c. shall not excuse Customer from its continuing obligation to make payment(s) under the ordering SOS. d. Sections 1, 5, 6, 9, 10 and 12 - 16 shall survive termination or expiration of this Agreement. 12. Fees, Expenses, Taxes and Invoicing. a. Customer shall pay the fees for the Services ordered as set forth in the ordering SOS. All fees due under this Agreement are non-cancelable and payments thereof are non-refundable. Customer shall reimburse CI for actual and reasonable expenses incurred by CI in performing the Services (i) only on a pass-through basis without markup, and (ii) only if preapproved by Customer in the ordering SOS or similar writing. Fees and 12-05-2023 City Council Agenda Packet Page 36 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 35/37 expenses, if any, listed in a SOS are exclusive of taxes. Customer is responsible for payment of any sales, value-added or similar taxes imposed by applicable law for the Services ordered by Customer, except for taxes based on CI’s income. b. Commencing the initial renewal Services Term (if any) and on an annual basis thereafter, all fees shall be subject to adjustment, in CI’s sole reasonable discretion, in an amount not to exceed the greater of (i) the change in the U.S. Department of Labor CPI-All Urban Consumers for the immediately preceding annual period, and (ii) 5%. c. Unless otherwise specified in the ordering SOS, (i) fees for CI Products are payable in advance on an annual basis, and (ii) fees for CI Services are payable in arrears on a monthly basis. In each instance payment is due within thirty (30) calendar days from the invoice date. Late payments shall accrue interest at the lesser of (i) 12% per annum, and (ii) the highest statutory rate, from the payment due date until paid in full. In the event of Customer’s termination of a SOS for any reason prior to expiration of its stated Services Term, CI shall be entitled to receive, and Customer shall pay on demand, as an early termination fee and not a penalty, the Termination Fee. In the event Customer’s past due account is submitted to an attorney or collections service for recovery, CI shall be entitled to recover the cost of collection, including reasonable attorneys’ fees, in addition to all past due amounts. The rights and remedies set forth in this Section 12 are in addition to any other legal, equitable and contractual rights and remedies available to CI. 13. Confidentiality; Security. a. The receiving party will use Confidential Information of the disclosing party solely for the purposes of performing its obligations under the Agreement. The receiving party will not disclose or make Confidential Information of the disclosing party available to any third party, except as specifically authorized by the disclosing party in writing. Upon the disclosing party’s written request, the receiving party will promptly return to the disclosing party all of its Confidential Information, or certify in writing signed by an authorized representative that it has destroyed all such materials; provided that, in no event will the receiving party be obligated or required to amend, modify or destroy back up media and systems maintained in the ordinary course of business and designed in a manner to prevent the unauthorized access to or use of the data stored on such media and systems. Neither party will disclose to the other party or use in performance of its obligations hereunder any information, data, materials, or documents of a third party considered confidential or proprietary without the written authorization of such third party. Each party may disclose Confidential Information of the other party when compelled to do so by law if it provides, where legally permissible, reasonable prior notice to such other party. In furtherance of the foregoing, CI shall require each of its employees and agents providing any aspect of the Services hereunder to execute a confidentiality agreement incorporating confidentiality and non-use provisions consistent with, and no less restrictive than, the requirements of this Section 13.a. For clarity, disclosure by Customer compelled by the provisions of the Washington State Public Records Act, Ch 42.56 RCW, are permitted hereunder. b. At all times during the Services Term, CI shall maintain reasonable and appropriate safeguards, security measures and protocols, which in no event shall be less effective than industry-standard safeguards, security measures and protocols, designed to (i) reasonably protect Customer’s Confidential Information in CI’s possession or control from unauthorized use, alteration, access or disclosure; and (ii) detect and prevent a breach of such safeguards, security measures and protocols by any unauthorized party. c. Notwithstanding the foregoing, CI may use the Customer’s information for purposes other than the performance of the Services but only in an aggregated, anonymized form, such that Customer is not identified, and Customer will have no ownership interest in such aggregated, anonymized data. 14. Limitation of Liability. WITHOUT LIMITING ANY INDEMNIFICATION OBLIGATIONS OF A PARTY UNDER SECTION 10 OF THIS AGREEMENT OR (EXCEPT AS EXPRESSLY PROVIDED OTHERWISE BELOW) THE LIABILITY OF A PARTY FOR ANY BREACH OF ITS OBLIGATIONS UNDER SECTION 13 OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL (A) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES), WHETHER OR NOT SUCH PARTY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND (B) A PARTY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS AGREEMENT FOR THE SERVICES DURING THE TWELVE (12)-MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT, ACT OR OMISSION GIVING RISE TO SUCH LIABILITY, EXCEPT THAT WITH REGARD TO LIABILITY OF A PARTY FOR BREACH OF ITS OBLIGATIONS UNDER SECTION 13 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S CUMULATIVE LIABILITY EXCEED THE LESSER OF (X) THE TOTAL CONTRACT PRICE OF THE APPLICABLE SOS, OR (Y) TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000). THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. 15. Export. Export laws of the United States and any other related local laws and regulations may apply to the Services. Such laws govern Customer’s use of the Services and any data provided by CI to Customer under this Agreement, and 12-05-2023 City Council Agenda Packet Page 37 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 36/37 Customer shall comply with all such laws and regulations. No data, information, software programs and/or other materials resulting from the Services will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws. 16. General. a. Force Majeure. Neither party shall be liable to the other party or deemed to be in default for any delay or failure in performance of any obligation under the Agreement or interruption of any Service resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, acts of terrorism, acts of third parties over whom the party has no control, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, epidemics, pandemics, the elements or any other similar cause beyond the reasonable control of such party. b. Audit. CI may audit, at its own expense, Customer’s user logs and related data for the purpose of determining Customer’s compliance with the terms of this Agreement, including any then operative SOS. Audits shall be conducted by CI or its designee and shall be limited to records from the Effective Date of the ordering SOS to the month of the audit. CI shall be limited to one (1) audit per twelve (12) consecutive calendar month period. CI shall give ten (10) business days prior written notice of its intention to perform an audit. If any audit reveals non-compliance by Customer of any material term of the Agreement, then (i) Customer shall promptly initiate and prosecute to completion any remedial action required to cure such non-compliance, provided such non- compliance is reasonably subject to cure, and (ii) if the non-compliance is a variance of 5% or more in the total count of network users upon which Customer’s then-current annual subscription fee is based, then CI may adjust the annual subscription fee specified in the ordering SOS for the period then remaining in the Services. In addition, if any audit reveals actual network users exceeding contracted network users by 5% or more, then Customer shall pay CI for all underpayments, plus interest, and shall reimburse CI for the reasonable cost of the audit. c. Notice. Except as provided herein, any notice, approval or consent required or permitted hereunder shall be: (i) in writing; (ii) delivered by (A) hand or by overnight courier service, or (B) electronic mail to the respective addresses of the parties as set forth in the ordering SOS (or such other address a party may designate in writing); and (iii) effective upon actual delivery if by hand or courier service (or upon attempted delivery if receipt is refused), or upon electronic confirmation of successful delivery if by email. d. Integration; Waiver. This Agreement, including any SOS, Documentation, exhibit, document or information or policy accessed by referenced URL, is the complete agreement for the Services ordered by Customer, and supersedes all prior or contemporaneous agreements, representations and understandings, written or oral, regarding such Services. If any provision of this Agreement shall be judicially determined to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable. A party’s rights, obligations and restrictions hereunder may not be waived except in a writing signed or digitally accepted by an authorized representative of each party. e. Non-Solicitation. During the term of this Agreement and for a period of twelve (12) months thereafter, neither party shall, directly or indirectly, solicit for employment, employ or engage, whether as an employee or independent contractor, any employee or independent contractor of the other party involved in the delivery, management, performance, review or acceptance of the Services or Deliverables hereunder. In the event a party hires a current or former employee or contractor of the other party in violation of this Section 16.e., the breaching party shall pay the other party, on demand, a placement fee equal to forty percent (40%) of the newly hired or engaged individual’s annual base compensation (or budgeted first year aggregate fees). f. Assignment. No right or obligation under the Agreement (including the obligation to pay or right to receive monies due) may be assigned, delegated or subcontracted by a party without the prior written consent of the other party, and any purported assignment without such consent shall be void. g. Controlling Law. This Agreement shall be construed in accordance with the laws of the State of Washington without regard to its principles of conflict of laws. The exclusive jurisdiction and venue of any action relating to this Agreement shall be the Superior Court of Washington for the County of King or the United States District Court for the Western District of Washington and each party hereto submits itself to the exclusive jurisdiction of such courts and waives any argument relating to the convenience of forum. The rights and remedies herein provided are in addition to those available to either party at law or in equity. h. Customer Reference. CI may use Customer’s name and logo to identify Customer as a CI customer on CI’s website and in other marketing materials so long as Customer’s name and logo do not appear with greater prominence than CI’s other customers. i. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. A faxed, .pdf or electronic signature shall have the same legally binding effect as an original signature. j. Modification. This Agreement and any SOS may not be changed, altered or modified except in a writing signed by an authorized representative of each of the parties hereto; provided, that, notwithstanding the foregoing, Documentation that by its terms may be modified by email communication among authorized representatives of the parties may be so modified with binding effect. 12-05-2023 City Council Agenda Packet Page 38 of 121 Critical Insight® and the Critical Insight logo are the trademarks of Critical Insight, Inc. ©2023 Critical Insight, Inc. All rights reserved. 37/37 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of (the “Effective Date”). CRITICAL INSIGHT, INC. COMPANY NAME: By: By: Print: Print: Title: Title: 12-05-2023 City Council Agenda Packet Page 39 of 121 CHECKS: 59385-59435 VOIDED CHECKS: DEPARTMENT/FUND AMOUNT General Fund 001 $488,504.23 Rainy Day Fund 002 $0.00 Street Fund 101 $122,170.57 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 SWAT Fund 107 $0.00 Library Fund 112 $202.39 Hotel/Motel Tax Fund 113 $5,062.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $17,673.60 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $1,765,008.52 Capital Improvements Fund 314 $4,688.41 Stormwater Fund 401 $263,235.48 Equipment R&R Fund 501 $1,935.21 Cafeteria Plan 634 $0.00 Custodial Activities 635 $12,435.92 Grand Total All Funds $2,680,916.33 CITY OF EAST WENATCHEE CHECK REGISTER December 5th, 2023 Account Payables 12-05-2023 City Council Agenda Packet Page 40 of 121 Fund Number Description Amount 001 General Fund $488,504.23 101 Street Fund $122,170.57 112 Library Fund $202.39 113 Hotel/Motel Tax Fund $5,062.00 117 Events Board Fund $17,673.60 301 Street Improvements Fund $1,765,008.52 314 Capital Improvements Fund $4,688.41 401 Stormwater Fund $263,235.48 501 Equipment Purchase, Repair & Replacement Fund $1,935.21 635 Custodial Activities Fund $12,435.92 Count: 10 $2,680,916.33 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2023 - December 2023 - December 2023 1st Councill Printed by COEW\DSanchez on 11/29/2023 2:19:56 PM Page 1 of 1 East Wenatchee - Fund Transaction Summary 12-05-2023 City Council Agenda Packet Page 41 of 121 Vendor Number Reference Account Number Description Amount Advanced Traffic Products 59385 2023 - December 2023 - December 2023 1st Councill 0000037310 101-000-420-542-63-47-00 Utilities - Street Lighting $27,038.69 Total 0000037310 $27,038.69 Total 59385 $27,038.69 Total Advanced Traffic Products $27,038.69 Alignment Pros and Express Lube 59386 2023 - December 2023 - December 2023 1st Councill 52291 Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $87.46 Total 52291 $87.46 Total 59386 $87.46 Total Alignment Pros and Express Lube $87.46 Aps Inc 59387 2023 - December 2023 - December 2023 1st Councill 90043 FP Rate Update 001-000-141-514-20-31-01 Office Machine Costs $427.79 Total 90043 $427.79 Total 59387 $427.79 Total Aps Inc $427.79 ARC Architects, Inc. 59388 2023 - December 2023 - December 2023 1st Councill 0000000041 EW Public Works 314-000-000-594-18-60-00 Maintenance Facilities Construction $4,688.41 Total 0000000041 $4,688.41 Total 59388 $4,688.41 Total ARC Architects, Inc.$4,688.41 Voucher Directory Fiscal: : 2023 - December 2023 Council Date: : 2023 - December 2023 - December 2023 1st Councill Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 1 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 42 of 121 Vendor Number Reference Account Number Description Amount AUCA Western First Aid & Safety Lockbox 59389 2023 - December 2023 - December 2023 1st Councill GEG3-003630 Office kit 001-000-180-518-30-41-00 Professional Services $119.77 Total GEG3-003630 $119.77 Total 59389 $119.77 Total AUCA Western First Aid & Safety Lockbox $119.77 Blades Consulting 59390 2023 - December 2023 - December 2023 1st Councill 2824 Permit Reviews 001-000-590-558-50-41-00 Professional Services $611.41 Total 2824 $611.41 2792 Permit Reviews 001-000-590-558-50-41-00 Professional Services $1,102.05 Total 2792 $1,102.05 2817 Permit Reviews 001-000-590-558-50-41-00 Professional Services $2,229.47 Total 2817 $2,229.47 2828 Permit Reviews 001-000-590-558-50-41-00 Professional Services $92.77 Total 2828 $92.77 2829 Permit Reviews 001-000-590-558-50-41-00 Professional Services $117.00 Total 2829 $117.00 2830 Permit Reviews 001-000-590-558-50-41-00 Professional Services $25.45 Total 2830 $25.45 2836 Permit Reviews 001-000-590-558-50-41-00 Professional Services $162.92 Total 2836 $162.92 Total 59390 $4,341.07 Total Blades Consulting $4,341.07 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 2 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 43 of 121 Vendor Number Reference Account Number Description Amount Cdw Government, Inc 59391 2023 - December 2023 - December 2023 1st Councill MZ95404 Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $4,971.61 Total MZ95404 $4,971.61 NB38668 Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $3,640.78 Total NB38668 $3,640.78 NC89836 Supplies 001-000-145-594-14-60-25 Capital - PC Hardware Admin $2,459.93 Total NC89836 $2,459.93 Total 59391 $11,072.32 Total Cdw Government, Inc $11,072.32 Chelan County Treasurer 59392 2023 - December 2023 - December 2023 1st Councill 150001-01919 12/2023 payment 001-000-230-523-21-10-00 Housing & Monitoring Prisoners $41,921.48 Total 150001-01919 $41,921.48 Total 59392 $41,921.48 Total Chelan County Treasurer $41,921.48 CIAW Clear Risk Solutions 59393 2023 - December 2023 - December 2023 1st Councill 2023-34531-0804-1 12/01/23-12/01/24 insurance 001-000-110-511-60-46-00 Insurance $15,071.37 001-000-111-513-10-40-05 Insurance $15,071.37 001-000-120-512-51-40-02 Insurance $25,118.94 001-000-139-518-10-40-04 Insurance $5,023.79 001-000-140-514-20-46-00 Insurance $12,559.47 001-000-142-514-20-46-00 Insurance $20,095.16 001-000-145-514-20-45-00 Insurance $5,023.79 001-000-151-515-31-46-00 Insurance $25,118.94 001-000-160-521-10-46-00 Insurance $10,047.58 001-000-180-518-30-46-00 Insurance $87,916.30 001-000-210-521-10-46-00 Insurance $105,499.56 001-000-315-542-10-46-00 Insurance $20,095.16 001-000-580-558-60-46-00 Insurance $20,095.16 001-000-590-558-50-46-00 Insurance $17,583.26 101-000-430-543-30-46-00 Insurance $85,404.41 117-000-105-557-30-40-00 Insurance $17,583.26 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 3 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 44 of 121 Vendor Number Reference Account Number Description Amount 401-000-001-531-00-40-02 Insurance $15,071.37 Total 2023-34531-0804-1 $502,378.89 Total 59393 $502,378.89 Total CIAW Clear Risk Solutions $502,378.89 Cintas Corporation 607 59394 2023 - December 2023 - December 2023 1st Councill 4174844904 Supplies 001-000-180-518-30-41-00 Professional Services $112.20 112-000-000-572-50-47-00 Facilities - Utilities $112.19 Total 4174844904 $224.39 4174844975 Supplies 101-000-430-543-30-30-00 Supplies - General Services $83.66 Total 4174844975 $83.66 Total 59394 $308.05 Total Cintas Corporation 607 $308.05 Column Software PBC 59395 2023 - December 2023 - December 2023 1st Councill ED560366-0013 001-000-580-558-60-44-00 Advertising $460.31 Total ED560366-0013 $460.31 Total 59395 $460.31 Total Column Software PBC $460.31 Copiers Northwest 59396 2023 - December 2023 - December 2023 1st Councill INV2737757 001-000-140-514-20-31-00 Office Supplies $335.32 001-000-210-521-10-31-05 Office Machine Costs $2,033.34 Total INV2737757 $2,368.66 Total 59396 $2,368.66 Total Copiers Northwest $2,368.66 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 4 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 45 of 121 Vendor Number Reference Account Number Description Amount David Sanders 59397 2023 - December 2023 - December 2023 1st Councill Invoice - 11/28/2023 8:32:59 AM Settlements 101-000-430-518-61-40-00 Judgments & Settlements $2,000.00 Total Invoice - 11/28/2023 8:32:59 AM $2,000.00 Total 59397 $2,000.00 Total David Sanders $2,000.00 DMCMA 59398 2023 - December 2023 - December 2023 1st Councill INV-MEMBER-CHKPYMT-2023-0295 2024 Member Application 001-000-120-512-51-40-00 Training $250.00 Total INV-MEMBER-CHKPYMT-2023-0295 $250.00 Total 59398 $250.00 Total DMCMA $250.00 Douglas County Auditor-Recording 59399 2023 - December 2023 - December 2023 1st Councill 116935 Recording 001-000-315-542-10-49-01 Miscellaneous $225.50 Total 116935 $225.50 116994 Recording 001-000-315-542-10-49-01 Miscellaneous $3.00 Total 116994 $3.00 Total 59399 $228.50 Total Douglas County Auditor-Recording $228.50 Douglas County PUD 59400 2023 - December 2023 - December 2023 1st Councill 631 09/27/23-11/09/23 101-000-420-542-63-47-00 Utilities - Street Lighting $65.00 Total 631 09/27/23-11/09/23 $65.00 Invoice - 11/20/2023 1:57:31 PM 762667 101-000-430-543-50-47-00 Utilities - Facilities $84.00 Total Invoice - 11/20/2023 1:57:31 PM $84.00 Total 59400 $149.00 Total Douglas County PUD $149.00 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 5 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 46 of 121 Vendor Number Reference Account Number Description Amount Douglas County Sewer District 59401 2023 - December 2023 - December 2023 1st Councill Invoice - 11/28/2023 1:53:04 PM 006195-000 001-000-180-518-30-47-00 Utilities $48.50 112-000-000-572-50-47-00 Facilities - Utilities $48.50 Total Invoice - 11/28/2023 1:53:04 PM $97.00 Invoice - 11/28/2023 1:53:35 PM 006197-000 001-000-180-518-30-47-00 Utilities $97.00 Total Invoice - 11/28/2023 1:53:35 PM $97.00 Total 59401 $194.00 Total Douglas County Sewer District $194.00 Douglas County Treasurer 59402 2023 - December 2023 - December 2023 1st Councill Invoice - 11/22/2023 7:48:45 AM 2023-17 armada 401-000-001-582-30-00-00 Non-Fiduciary Remittance $360.00 Total Invoice - 11/22/2023 7:48:45 AM $360.00 Total 59402 $360.00 Total Douglas County Treasurer $360.00 Doug's Diesel Repair Inc 59403 2023 - December 2023 - December 2023 1st Councill 53790 Repairs 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $1,644.93 Total 53790 $1,644.93 53796 Repairs 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $97.47 Total 53796 $97.47 Total 59403 $1,742.40 Total Doug's Diesel Repair Inc $1,742.40 East Wenatchee Water Disttrict 59404 2023 - December 2023 - December 2023 1st Councill Invoice - 11/28/2023 1:48:10 PM 000524-000 101-000-430-543-50-47-00 Utilities - Facilities $51.50 Total Invoice - 11/28/2023 1:48:10 PM $51.50 Invoice - 11/28/2023 1:48:33 PM 000520-000 101-000-420-542-75-47-00 Utilities - City Parks $100.80 Total Invoice - 11/28/2023 1:48:33 PM $100.80 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 6 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 47 of 121 Vendor Number Reference Account Number Description Amount Invoice - 11/28/2023 1:48:53 PM 000526-000 001-000-180-518-30-47-00 Utilities $41.70 112-000-000-572-50-47-00 Facilities - Utilities $41.70 Total Invoice - 11/28/2023 1:48:53 PM $83.40 Invoice - 11/28/2023 1:49:44 PM 022920-000 001-000-180-518-30-47-00 Utilities $1.90 Total Invoice - 11/28/2023 1:49:44 PM $1.90 Invoice - 11/28/2023 1:50:03 PM 013966-000 101-000-420-542-75-47-00 Utilities - City Parks $197.00 Total Invoice - 11/28/2023 1:50:03 PM $197.00 Invoice - 11/28/2023 1:50:27 PM 032745-000 401-000-008-531-00-40-06 Utilities $107.00 Total Invoice - 11/28/2023 1:50:27 PM $107.00 Invoice - 11/28/2023 1:50:46 PM 030941-000 101-000-420-542-75-47-00 Utilities - City Parks $62.00 Total Invoice - 11/28/2023 1:50:46 PM $62.00 Invoice - 11/28/2023 1:51:01 PM 000525-000 001-000-180-518-30-47-00 Utilities $64.00 Total Invoice - 11/28/2023 1:51:01 PM $64.00 Invoice - 11/28/2023 1:51:20 PM 000520-001 101-000-420-542-75-47-00 Utilities - City Parks $47.00 Total Invoice - 11/28/2023 1:51:20 PM $47.00 Invoice - 11/28/2023 1:51:43 PM 030620-000 101-000-420-542-75-47-00 Utilities - City Parks $110.40 Total Invoice - 11/28/2023 1:51:43 PM $110.40 Invoice - 11/28/2023 1:52:01 PM 031543-000 001-000-180-518-30-47-01 Utilities - Simon St.$42.00 Total Invoice - 11/28/2023 1:52:01 PM $42.00 Invoice - 11/29/2023 12:22:36 PM 036440-000 001-000-180-518-30-47-01 Utilities - Simon St.$626.60 Total Invoice - 11/29/2023 12:22:36 PM $626.60 Total 59404 $1,493.60 Total East Wenatchee Water Disttrict $1,493.60 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 7 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 48 of 121 Vendor Number Reference Account Number Description Amount Erik Hampton 59405 2023 - December 2023 - December 2023 1st Councill Invoice - 11/29/2023 7:54:14 AM Tuiton Reimbursement 001-000-210-521-10-25-00 Tuition Reimbursement $2,800.00 Total Invoice - 11/29/2023 7:54:14 AM $2,800.00 Total 59405 $2,800.00 Total Erik Hampton $2,800.00 Erika Rodriguez 59406 2023 - December 2023 - December 2023 1st Councill Invoice - 11/27/2023 7:52:07 AM 10/30/23 & 11/22/2023 001-000-120-512-51-40-04 Interpreting $240.00 Total Invoice - 11/27/2023 7:52:07 AM $240.00 Total 59406 $240.00 Total Erika Rodriguez $240.00 Fastenal Company 59407 2023 - December 2023 - December 2023 1st Councill WAWEN267860 117-000-500-557-30-49-01 Christmas - Miscellaneous $27.96 Total WAWEN267860 $27.96 WAWEN267887 501-000-000-548-30-30-25 Street Vehicle Repair Supplies $105.35 Total WAWEN267887 $105.35 WAWEN268110 101-000-430-543-30-30-00 Supplies - General Services $7.35 Total WAWEN268110 $7.35 Total 59407 $140.66 Total Fastenal Company $140.66 FileOnQ 59408 2023 - December 2023 - December 2023 1st Councill 11484 12/2023 monthly sub 001-000-145-514-20-40-35 Annual License Fee - Evidence.com $571.27 Total 11484 $571.27 Total 59408 $571.27 Total FileOnQ $571.27 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 8 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 49 of 121 Vendor Number Reference Account Number Description Amount First Net 59409 2023 - December 2023 - December 2023 1st Councill 287293799226X11132023 Phone 001-000-210-521-10-42-01 Telephone $6,583.27 Total 287293799226X11132023 $6,583.27 Total 59409 $6,583.27 Total First Net $6,583.27 Frederick Schott 59410 2023 - December 2023 - December 2023 1st Councill Invoice - 11/20/2023 1:55:30 PM Boot Allowance 101-000-430-543-30-30-00 Supplies - General Services $152.03 Total Invoice - 11/20/2023 1:55:30 PM $152.03 Total 59410 $152.03 Total Frederick Schott $152.03 Kelley Connect 59411 2023 - December 2023 - December 2023 1st Councill 35316655 001-000-120-594-12-60-00 Capital Outlay $167.01 Total 35316655 $167.01 Total 59411 $167.01 Total Kelley Connect $167.01 Kottkamp, Yedinak, & Esworthy PLLC 59412 2023 - December 2023 - December 2023 1st Councill Invoice - 11/20/2023 1:40:35 PM 12/2023 payment 001-000-110-511-60-21-50 Public Defender $6,624.48 Total Invoice - 11/20/2023 1:40:35 PM $6,624.48 Total 59412 $6,624.48 Total Kottkamp, Yedinak, & Esworthy PLLC $6,624.48 KPG, P.S. 59413 2023 - December 2023 - December 2023 1st Councill 202691 SRTS Kenroy 301-000-000-595-61-60-04 Construction - SRTS Kenroy $93,356.36 Total 202691 $93,356.36 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 9 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 50 of 121 Vendor Number Reference Account Number Description Amount 202696 SRTS Sterling 301-000-000-595-61-60-05 Construction - SRTS Sterling $63,330.38 Total 202696 $63,330.38 Total 59413 $156,686.74 Total KPG, P.S.$156,686.74 Krci Llc 59414 2023 - December 2023 - December 2023 1st Councill P410-01 Baker 401-000-010-594-31-60-02 Baker St. Emergency Repair $141,472.61 Total P410-01 $141,472.61 Total 59414 $141,472.61 Total Krci Llc $141,472.61 LB# 1086 Lakeside Industries Inc 59415 2023 - December 2023 - December 2023 1st Councill 254943 Supplies 101-000-420-542-30-30-00 Supplies - Roadway $1,877.05 Total 254943 $1,877.05 Total 59415 $1,877.05 Total LB# 1086 Lakeside Industries Inc $1,877.05 Moon Security 59416 2023 - December 2023 - December 2023 1st Councill 1217272 001-000-210-521-10-41-00 Professional Services $76.73 Total 1217272 $76.73 Total 59416 $76.73 Total Moon Security $76.73 Office Depot Credit Plan 59417 2023 - December 2023 - December 2023 1st Councill 339566537001 001-000-580-558-60-49-00 Miscellaneous $739.87 Total 339566537001 $739.87 Total 59417 $739.87 Total Office Depot Credit Plan $739.87 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 10 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 51 of 121 Vendor Number Reference Account Number Description Amount Pacific Engineering & Design, PLLC 59418 2023 - December 2023 - December 2023 1st Councill 5842 19th Cascade Stormwater 401-000-011-594-31-60-04 19th Stormwater Facility Design $10,165.95 Total 5842 $10,165.95 5843 19th Cascade Stormwater 401-000-011-594-31-60-04 19th Stormwater Facility Design $16,097.50 Total 5843 $16,097.50 Total 59418 $26,263.45 Total Pacific Engineering & Design, PLLC $26,263.45 Randy's Auto Parts & Towing 59419 2023 - December 2023 - December 2023 1st Councill 18863 Towing 001-000-210-521-10-41-00 Professional Services $194.94 Total 18863 $194.94 18897 Towing 001-000-210-521-10-41-00 Professional Services $194.94 Total 18897 $194.94 Total 59419 $389.88 Total Randy's Auto Parts & Towing $389.88 Rh2 Engineering, Inc. 59420 2023 - December 2023 - December 2023 1st Councill 93608 NHFP Grant Rd Overlay 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $8,070.98 Total 93608 $8,070.98 93611R NHFP Grant Rd Overlay 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $5,498.69 301-000-000-595-10-60-01 NHFP Grant Road Overlay - VMP to Grover $60,743.98 Total 93611R $66,242.67 93614 NHFP Grant Rd Overlay 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $14,820.63 301-000-000-595-10-60-01 NHFP Grant Road Overlay - VMP to Grover $475.35 Total 93614 $15,295.98 93621 TIB Complete Streets 301-000-000-595-61-60-03 TIB 2022 Complete Streets $4,494.48 Total 93621 $4,494.48 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 11 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 52 of 121 Vendor Number Reference Account Number Description Amount 93622 9th St NE & Eastmont Ave Signal 301-000-000-595-63-60-00 9th St NE and Eastmont Ave Signal Upgrade - CVCH Impact Fees $1,210.01 Total 93622 $1,210.01 93623 Engineering Services 001-000-315-544-20-45-00 Engineering Support Services $978.70 Total 93623 $978.70 Total 59420 $96,292.82 Total Rh2 Engineering, Inc.$96,292.82 Richard Johnson 59421 2023 - December 2023 - December 2023 1st Councill Invoice - 11/16/2023 7:54:52 AM Travel Reimbursement 001-000-210-521-10-43-00 Travel $48.79 Total Invoice - 11/16/2023 7:54:52 AM $48.79 Total 59421 $48.79 Total Richard Johnson $48.79 Saddlerock Plumbing & Mechanical LLC 59422 2023 - December 2023 - December 2023 1st Councill Invoice - 11/28/2023 8:39:29 AM Water Fountain 001-000-001-518-91-30-00 Wellness $750.00 001-000-180-518-30-35-00 Small Tools & Equipment $1,382.03 Total Invoice - 11/28/2023 8:39:29 AM $2,132.03 Total 59422 $2,132.03 Total Saddlerock Plumbing & Mechanical LLC $2,132.03 Selland Construction, Inc 59423 2023 - December 2023 - December 2023 1st Councill Invoice - 11/16/2023 2:12:26 PM Pay Estimate 4 301-000-000-595-30-60-12 Construction - TIB 3rd/RI Road Signal $45,269.14 Total Invoice - 11/16/2023 2:12:26 PM $45,269.14 Invoice - 11/21/2023 9:22:20 AM Grant Rd Rehabilitation 301-000-000-595-30-60-10 Construction - NHFP Grant Road Overlay $1,460,948.00 401-000-016-594-31-60-01 Construction - Pace Pond Ecology Grant $79,651.00 Total Invoice - 11/21/2023 9:22:20 AM $1,540,599.00 Total 59423 $1,585,868.14 Total Selland Construction, Inc $1,585,868.14 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 12 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 53 of 121 Vendor Number Reference Account Number Description Amount Tony Ditommaso PS 59424 2023 - December 2023 - December 2023 1st Councill Invoice - 11/20/2023 1:41:02 PM 12/2023 payment 001-000-110-511-60-21-50 Public Defender $6,624.48 Total Invoice - 11/20/2023 1:41:02 PM $6,624.48 Total 59424 $6,624.48 Total Tony Ditommaso PS $6,624.48 Upper Columbia Irrigation 59425 2023 - December 2023 - December 2023 1st Councill 92471-93035 5th St NE Prjt 301-000-000-595-61-60-04 Construction - SRTS Kenroy $6,790.52 Total 92471-93035 $6,790.52 Total 59425 $6,790.52 Total Upper Columbia Irrigation $6,790.52 UPS 59426 2023 - December 2023 - December 2023 1st Councill 0000E4975C463 001-000-210-521-10-42-03 Postage $61.48 Total 0000E4975C463 $61.48 Total 59426 $61.48 Total UPS $61.48 Verizon Wireless 59427 2023 - December 2023 - December 2023 1st Councill 9948394340 Phone bill 001-000-111-513-10-40-03 Cell Phone $42.21 001-000-140-514-20-42-01 Telephone $52.38 001-000-145-514-20-42-00 Cell Phone $62.38 001-000-151-515-31-42-01 Cell Phone $52.38 101-000-430-543-50-42-01 Cell Phone $157.14 117-000-100-557-30-42-00 Cell Phone $62.38 401-000-001-531-00-40-00 Cell Phone $52.38 401-000-001-531-00-40-00 Cell Phone $52.38 401-000-008-531-00-30-05 Supplies - NPDES PPGH $205.29 Total 9948394340 $738.92 Total 59427 $738.92 Total Verizon Wireless $738.92 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 13 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 54 of 121 Vendor Number Reference Account Number Description Amount Vision Municipal Solutions, Llc 59428 2023 - December 2023 - December 2023 1st Councill 09-13630 AP checks 001-000-142-514-20-31-00 Office Supplies $1,063.86 Total 09-13630 $1,063.86 Total 59428 $1,063.86 Total Vision Municipal Solutions, Llc $1,063.86 Washington Association of Public Records Officers 59429 2023 - December 2023 - December 2023 1st Councill 8546 WAPRO membership leon 001-000-140-514-20-41-00 Membership Dues & Publications $25.00 Total 8546 $25.00 Total 59429 $25.00 Total Washington Association of Public Records Officers $25.00 Washington State Department of Licensing 59430 2023 - December 2023 - December 2023 1st Councill Invoice - 11/29/2023 12:40:58 PM CPL's 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003248 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003247 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003245 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003250 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003251 635-000-000-589-30-00-03 Gun Permit State Remittance $21.00 EWP003249 635-000-000-589-30-00-03 Gun Permit State Remittance $21.00 EWP003246 Total Invoice - 11/29/2023 12:40:58 PM $132.00 Total 59430 $132.00 Total Washington State Department of Licensing $132.00 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 14 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 55 of 121 Vendor Number Reference Account Number Description Amount Washington State Department of Transportation 59431 2023 - December 2023 - December 2023 1st Councill RE 42 JB2234 L213 101-000-420-542-63-47-00 Utilities - Street Lighting $4,267.31 Total RE 42 JB2234 L213 $4,267.31 Total 59431 $4,267.31 Total Washington State Department of Transportation $4,267.31 Washington State Treasurer 59432 2023 - December 2023 - December 2023 1st Councill Invoice - 11/20/2023 1:47:10 PM 10/2023 cash receipts 635-000-000-586-00-00-01 Court Remittance $12,128.92 635-000-000-589-30-00-02 Building Code Remittance $175.00 Total Invoice - 11/20/2023 1:47:10 PM $12,303.92 Total 59432 $12,303.92 Total Washington State Treasurer $12,303.92 Wenatchee Valley Humane Society 59433 2023 - December 2023 - December 2023 1st Councill Invoice - 11/20/2023 1:48:01 PM 12/2023 payment 001-000-001-539-30-40-00 Animal Control $7,401.66 Total Invoice - 11/20/2023 1:48:01 PM $7,401.66 Total 59433 $7,401.66 Total Wenatchee Valley Humane Society $7,401.66 Wenatchee Valley Museum & Cultural Center 59434 2023 - December 2023 - December 2023 1st Councill Invoice - 11/20/2023 1:48:31 PM 12/2023 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 Invoice - 11/20/2023 1:48:31 PM $10,124.00 Total 59434 $10,124.00 Total Wenatchee Valley Museum & Cultural Center $10,124.00 Ziply Fiber 59435 2023 - December 2023 - December 2023 1st Councill Invoice - 11/28/2023 1:55:45 PM 509-884-5236-041394-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $151.80 Total Invoice - 11/28/2023 1:55:45 PM $151.80 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 15 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 56 of 121 Vendor Number Reference Account Number Description Amount Invoice - 11/28/2023 1:56:05 PM 509-884-3132-110891-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $127.80 Total Invoice - 11/28/2023 1:56:05 PM $127.80 Invoice - 11/28/2023 1:56:21 PM 509-884-5447-062597-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $127.80 Total Invoice - 11/28/2023 1:56:21 PM $127.80 Invoice - 11/28/2023 1:56:45 PM 509-884-1524-100703-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $57.83 Total Invoice - 11/28/2023 1:56:45 PM $57.83 Invoice - 11/29/2023 12:23:36 PM 509-884-5308-041394-5 001-000-180-518-30-47-01 Utilities - Simon St.$160.72 Total Invoice - 11/29/2023 12:23:36 PM $160.72 Total 59435 $625.95 Total Ziply Fiber $625.95 Grand Total Vendor Count 51 $2,680,916.33 Printed by COEW\DSanchez on 11/29/2023 2:19:01 PM Page 16 of 16 East Wenatchee - Voucher Directory 12-05-2023 City Council Agenda Packet Page 57 of 121 MINUTES CITY COUNCIL WORKSHOP Thursday, November 16, 2023 Zoom and City Hall Council Chambers, 271 9th St NE, East Wenatchee, WA 11-16-2023 Council Workshop Meeting Minutes Page 1 of 1 Present: Mayor Crawford, Councilmember Rob Tidd, Councilmember Sasha Sleiman, and Councilmember Christine Johnson. Staff present: Community Development Director Curtis Lillquist, Finance Director Josh DeLay, and City Clerk Anna Laura Leon. WORKSHOP SESSION Mayor Crawford called the East Wenatchee City Council Workshop to order at 5:40 p.m. 1. CDBG PROGRAM Community Development Director Curtis Lillquist summarized the Community Development Block Grant (CDBG) program and described the administrative efforts needed to manage the grant versus the amount of funds awarded to the City. Mr. Lillquist requested guidance from Council regarding the continuance of staff competing for the funds. Comments provided by Councilmember Sleiman and Councilmember Johnson. No action was taken by the Council. 2. OUR VALLEY OUR FUTURE HOUSING SOLUTIONS GROUP RECOMMENDATIONS Community Development Director Curtis Lillquist shared a report provided by the Chelan Douglas Housing Solutions Group on, “15 ways to increase the Valley’s Housing Inventory.” Comments provided by Councilmember Sleiman. No action was taken by the Council. 3. RIVERCOM INTERLOCAL AGREEMENT Mayor Crawford indicated there was no need to speak on the item, as the organization had made the decision to review the agreement internally. No action was taken by the Council. 4. STRATEGIC PLAN UPDATE Mayor Crawford shared the exploration of ideas on having the Strategic Plan become an interactive document that would allow it to be updated as goals are met. No action was taken by the Council. 5. GOOD OF THE ORDER Councilmember Tidd inquired about the annexation of additional areas into the City. A discussion took place. No action was taken by the Council. 6. ADJOURNMENT With no further business, the meeting was adjourned at 6:25 p.m. _ Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 12-05-2023 City Council Agenda Packet Page 58 of 121 MINUTES CITY COUNCIL REGULAR MEETING Tuesday, November 21, 2023 Zoom and City Hall, 271 9th St NE, East Wenatchee, WA 1. CALL TO ORDER Mayor Crawford called the East Wenatchee City Council meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Councilmember Tidd led the Pledge of Allegiance. 3. ROLL CALL Councilmembers Present: Councilmembers Absent: Mayor Crawford Councilmember Shayne Magdoff Councilmember Rob Tidd Councilmember Christine Johnson Councilmember John Sterk Councilmember Matt Hepner Councilmember Sasha Sleiman Councilmember Harry Raab Motion by Councilmember Tidd to excuse Councilmember Magdoff from the meeting. Councilmember Hepner seconded the motion. Motion passed unanimously. 4. CONSENT AGENDA a. Office of Public Defense Grant Agreement: January 1, 2024 – December 31, 2025. b. Approval of 11-21-2023 Voucher report Checks: 59326-59384, in the amount of $831,966.97. c. Approval of Minutes of the November 7, 2023, City Council Meeting. Motion by Councilmember Tidd to approve consent items as presented. Councilmember Sleiman seconded the motion. Motion passed unanimously. 5. CITIZEN COMMENTS None. 6. PRESENTATIONS a. Councilmember Sleiman read the 2023 Diabetes Awareness Month Proclamation. Donnelle Giese was present to accept the proclamation and spoke on behalf of the Wenatchee Valley Support for Families of Kids with Type 1 Diabetes group. b. Wenatchee Valley Chamber of Commerce Executive Director Steve Wilkinson introduced Visit Wenatchee’s Program Director Ashley Sinner and Sports Tourism Coordinator Jason Grover. Data on hotel occupancy rates, marketing efforts and partnerships to promote the City of East Wenatchee was provided as part of their Annual Report. Comments provided by Councilmember Hepner. 12-05-2023 City Council Agenda Packet Page 59 of 121 Councilmember Raab joined the meeting in person at 6:28pm. 7. ACTION ITEMS a. Finance Director, Josh DeLay, presented Ordinance 2023-15, fixing and confirming the salaries and compensation to be paid to certain officials and employees of the City of East Wenatchee during the year 2024. Motion by Councilmember Tidd to approve Ordinance 2023-15, fixing and confirming the 2024 salaries to be paid to certain officials and employees of the City. Councilmember Johnson seconded the motion. Motion passed unanimously. b. Finance Director, Josh DeLay, presented Ordinance 2023-16, adopting the Annual Budget of the City for the fiscal year commencing January 1, 2024. Comments by Councilmember Sterk. Motion by Councilmember Tidd approving Ordinance 2023-16, adopting the Annual Budget of the City for the fiscal year commencing January 1, 2024. Councilmember Sleiman seconded the motion. (5-1) Sterk. c. Public Works Manager, Garren Melton, presented Ordinance 2023-20, updating the City of East Wenatchee Utility Rate Structure. Comments by Councilmember Raab, and Councilmember Sterk. Motion by Councilmember Tidd to approve Ordinance 2023-20, amending East Wenatchee Municipal Code 13.10.210 to incorporate and update the City’s stormwater utility rate structure as presented in Exhibit A. Councilmember Johnson seconded the motion. Motion passed unanimously. d. Public Records Officer/City Clerk Laura Leon presented Ordinance 2023-21, updating the City of East Wenatchee Public Disclosure Policy. Motion by Councilmember Hepner to approve Ordinance 2023-21, updating the City’s Public Disclosure Policy, and repealing Ordinance 2016-02 in its entirety. Councilmember Raab seconded the motion. Motion passed unanimously. e. Community Development Director Curtis Lillquist presented Resolution 2023-55, amending the Development Application Permit Cost Recovery Schedule, repealing Resolution 2023-36, containing a severability clause, and establishing an effective date. Comments by Councilmember Hepner. Motion by Councilmember Tidd to approve Resolution 2023-55, amending the Development Application Permit Cost Recovery Schedule repealing Resolution 2023- 36, containing a severability clause, and establishing an effective date. Councilmember Sleiman seconded the motion. Motion passed unanimously. 12-05-2023 City Council Agenda Packet Page 60 of 121 f. Assistant City Attorney, Sean Lewis presented Resolution 2023-56, Interlocal Agreement with the Wenatchee Valley Fire Department regarding Fire Marshall Services. Comments by Councilmember Sleiman. Motion by Councilmember Tidd to approve Resolution 2023-56, authorizing Mayor Crawford to execute an Interlocal Agreement with the Wenatchee Valley Fire Department as presented in Exhibit A. Councilmember Sleiman seconded the motion. Motion passed unanimously. 8. MAYOR’S REPORT a. Mayor Crawford shared that the Council Committee Assignments were going to be determined at the January 2, 2024 meeting. b. Mayor Crawford reported a date for the Staff Holiday Celebration had not been determined but encouraged City Council to join her for the event. 9. COUNCIL REPORTS & ANNOUNCEMENTS a. Councilmember Sleiman reported the Chamber of Commerce Meeting date and time had changed and would be sending the information to the City Clerk. b. Councilmember Tidd wished everyone a Happy Thanksgiving. c. Councilmember Hepner reported attending a meeting with the Washington State Department of Ecology on the Climate Commitment Act and improving air quality in both the cities of Wenatchee and East Wenatchee. 10. ADJOURNMENT With no further business, the meeting adjourned at 7:08 p.m. Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 12-05-2023 City Council Agenda Packet Page 61 of 121 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Curtis Lillquist, Community Development Director Subject: Public Hearing and Resolution 2023-57 considering the approval of the 2022 CDBG Consolidated Annual Performance and Evaluation Report (CAPER). Date: November 29, 2023 I. Summary Title: A public hearing to obtain comment and a resolution of the City of East Wenatchee, Washington, adopting the “City of East Wenatchee 2022 Consolidated Annual Performance and Evaluation Report” in accordance with the requirements of the U.S. Department of Housing and Urban Development regulations at 24 CFR Part 91 and establishing an effective date. II. Background/History: The City of East Wenatchee receives federal Community Development Block Grant (CDBG) funds on an annual basis from the office of Housing and Urban Development (HUD). A consolidated annual performance and evaluation report (CAPER) must be prepared, reviewed by the public, and submitted to HUD within 90 days of the end of the program year. The program year ended on September 30, 2023. The CAPER describes the projects and activities that were funded during that program year. East Wenatchee’s 2022 Program year was from October 1, 2022, through September 30, 2023.  The 2022 formula allocation for the city was $121,887.  The entire 2022 formula allocation was spent on the Hamilton Street Improvements project.  A total of $312,445.54 was spent during the 2022 Program Year on the Hamilton Street Improvement project. This total includes all of the 2022 allocation, the funds left over from the 2021 allocation and reprogramed remainder funds from the 2017, 2018 and 2019 Program Years. Federal rules require that a public hearing be held prior to the approval of the CAPER. 12-05-2023 City Council Agenda Packet Page 62 of 121 There are other activities listed in the CAPER including efforts to address homelessness and opportunities to facilitate housing development. Those activities did not involve CDBG funds, however they do address some of the goals of the CDBG program. A combined notice of availability and notice of public hearing was published in The Wenatchee World in English and Spanish on November 14, 2023, to initiate the required 15-day comment period with a comment deadline of November 29, 2023. The notice and a copy of the Draft 2022 CAPER was also posted on the city web site. As of the drafting of this agenda bill, no comments have been received. I. Recommended Action: Hold a public hearing and motion to approve Resolution 2023-57 adopting the City of East Wenatchee 2022 Consolidated Annual Performance and Evaluation Report and to authorize the Mayor to sign all required HUD certifications. II. Exhibits: Resolution 2023-57 and Exhibit A - City of East Wenatchee 2022 Consolidated Annual Performance and Evaluation Report Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 0 $ 0 12-05-2023 City Council Agenda Packet Page 63 of 121 City of East Wenatchee Resolution No. 2023-57 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. 2023-57 A Resolution of the City of East Wenatchee, Washington, adopting the “City of East Wenatchee 2022 Consolidated Annual Performance and Evaluation Report” in accordance with the requirements of the U.S. Department of Housing and Urban Development regulations at 24 CFR Part 91 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. The City of East Wenatchee is a non-charter code City duly incorporated and operating under the laws of the State of Washington. 2.2. RCW 35A.74 authorizes the City to administer programs to assist low income individuals. 2.3. The U.S. Department of Housing and Urban Development regulations at 24 CFR Part 91 require entitlement communities to adopt a five-year consolidated plan, an annual action plan, and a consolidated annual performance and evaluation report (“CAPER”). 3. Recitals. 3.1. In 2009, the City of East Wenatchee (“City”) was notified by the U.S. Department of Housing and Urban Development (HUD) that it qualified as a federally designated “principal city” within the Wenatchee Metropolitan Statistical Area and was eligible for entitlement status to receive annual grants from the Community Development Block Grant Program (CDBG). 3.2. On August 25, 2009, the City Council of East Wenatchee (“City Council”) accepted entitlement status to become a direct recipient of CDBG funds. 3.3. On August 2, 2022, the City Council adopted the 2021 Annual Action Plan with passage Resolution 2022-39. 3.4. In compliance with the Citizen Participation Plan and the Limited English Proficiency Plan, the City published a notice of availability and notice of public hearing for the 2022 CAPER in The Wenatchee World on November 12-05-2023 City Council Agenda Packet Page 64 of 121 City of East Wenatchee Resolution No. 2023-57 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 14, 2023 initiating a 15-day comment period ending on November 29, 2023. The notice was published in English and in Spanish. 3.5. The Draft 2022 CAPER and notice of availability and notice of public hearing was posted on the City’s webpage. 3.6. The City Council held a public hearing on December 5, 2023 to receive comments and consider adoption of the Draft 2022 CAPER. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: Section 1: Action. The City Council hereby APPROVES the City of East Wenatchee 2022 Consolidated Annual Performance and Evaluation Report, which is attached to this Resolution as Exhibit “A”. Section 2: Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. Section 3: Effective Date. This resolution becomes effective on the date that it is passed by the City Council. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 5th day of December, 2023. CITY OF EAST WENATCHEE, WASHINGTON By _________________________________ Jerrilea Crawford, Mayor ATTEST: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Asst. City Attorney FILED WITH THE CITY CLERK: __________ PASSED BY THE CITY COUNCIL: __________ EFFECTIVE DATE: __________ 12-05-2023 City Council Agenda Packet Page 65 of 121 City of East Wenatchee Community Development Block Grant Program 2022 Consolidated Annual Performance & Evaluation Report (CAPER) Draft November 13, 2023 Prepared by: City of East Wenatchee Community Development Department 271 9th Street NE East Wenatchee, WA 98802 Phone (509) 884-5396 Fax (509) 884-6233 E-mail: CLillquist@eastwenatcheewa.gov Exhibit A 12-05-2023 City Council Agenda Packet Page 66 of 121 CAPER1OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The 2022 CDBG formula grant was $121,887. The 2022 Annual Action Plan allocated the funds to the following projects: $121,887 for Hamilton Street – Street Improvement Project: The streets include Hamilton Street between 9th St NE and StanderferStreet and a small section of Stanerfer Street between French Avenue and Hamilton Street. This 0.13-mile street improvement projectincludes installation of a new 5’ sidewalk on the east side of Hamilton; new curb and gutter; upgrades to sanitary sewer and water utilitysystems; and installation of a stormwater drainage system. On-street parking will be preserved on the east side of Hamilton Street. Theproject also includes a small section of sidewalk on the north side of Standerfer Street and upgrades to underground utilities in theintersection of Standerfer and Hamilton.Progress: Hamilton Street – Street Improvement Project. Construction was finished and the project was determined to be physically complete on January 12, 2023. The project was funded using three consecutive years of CDBG allocations in accordance with Title 24: 570.200(h) – the proceed for reimbursement for pre-award costs. Program year funds from 2020, 2021, and 2022 were allocated to the project. Additionally, the City reprogramed funds from 2017, 2018, and 2019 Program Years that were left over after activities in those years were completed. The following table is a breakdown of the revenue and costs Exhibit A12-05-2023 City Council Agenda Packet Page 67 of 121 CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) for the project. CDBG funds made up 40.5% of the funding necessary to complete the project. Revenue Sources Hamilton Street – Street Improvement Project Source Revenues % of Costs 2020 $135,689.42 2021 $116,286.02 2022 $121,887.00 2017, 2018, 2019 Reprogramed funds $107,317.24 Total CDBG $481,179.68 40.5 East Wenatchee Water District $195,422.58 16.4 Douglas County Sewer District $28,819.93 2.4 Douglas County Sales & Use Tax $228,000.00 19.2 City – Stormwater Uility $253,546.17 21.5 Total Revenue $1,186,968.36 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Effectively plan and administer the CDBG Program Non-Housing Community Development CDBG: $ Other Other 1 0 0.00% Enhance economic development Non-Housing Community Development CDBG: $ Businesses assisted Businesses Assisted 5 0 0.00% Exhibit A12-05-2023 City Council Agenda Packet Page 68 of 121 CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Improve public facilities and infrastructure Non-Housing Community Development CDBG: $312,445.54 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 33 385 1,166.67% 33 385 1,166.67% Increase access to owner-occupied housing Affordable Housing CDBG: $ Direct Financial Assistance to Homebuyers Households Assisted 5 0 0.00% Maintain existing affordable housing stock Affordable Housing CDBG: $ Rental units rehabilitated Household Housing Unit 3 0 0.00% Reduce and prevent homelessness Homeless CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 40 0 0.00% Reduce and prevent homelessness Homeless CDBG: $ Housing for Homeless added Household Housing Unit 40 0 0.00% Support public services Homeless Non-Homeless Special Needs CDBG: $ Public service activities for Low/Moderate Income Housing Benefit Households Assisted 5 0 0.00% Exhibit A12-05-2023 City Council Agenda Packet Page 69 of 121 CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Support public services Homeless Non-Homeless Special Needs CDBG: $ Other Other 5 0 0.00% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. The primary basis for allocation of CDBG resources is to serve the needs of low and moderately low income households, business, and individuals. Consolidated Plan strategies developed through the community planning process reflect that a dignificant amount of funds are targeted to projects that benefit the low to moderately low income households. The funds that have been expended have benefitted low to moderate households or businesses.Exhibit A12-05-2023 City Council Agenda Packet Page 70 of 121 CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG White 0 Black or African American 0 Asian 0 American Indian or American Native 0 Native Hawaiian or Other Pacific Islander 0 Total 0 Hispanic 0 Not Hispanic 0 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative There are 13 households on Hamilton Street which were directly assisted by the Hamilton Street Rebuild project. Census Racial and Ethnic Population data for the households on Hamilton Street is not available. Identified below is a racial and ethnic percentage breakdown for the applicable census block group. Racial and Ethnic Populations (% of Census Block Group) White 39.4 Black or African American 0.1 Asian 4.2 American Indian or American Native 2.9 Native Hawaiian or other Pacific Islander 0.0 Total 100.0 Hispanic 44.5 Not Hispanic 55.5 Exhibit A 12-05-2023 City Council Agenda Packet Page 71 of 121 CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 121,887 312,445.54 Table 3 - Resources Made Available Narrative Hamilton Street – Street Improvement Project. Construction was finished and the project was determined to be physically complete on January 12, 2023. The project was funded using three consecutive years of CDBG allocations in accordance with Title 24: 570.200(h) – the proceed for reimbursement for pre-award costs. Program year funds from 2020, 2021, and 2022 were allocated to the project. Additionally, the City reprogramed funds from 2017, 2018, and 2019 Program Years that were left over after activities in those years were completed. The following table is a breakdown of the revenue and costs for the project. CDBG funds made up 40.5% of the funding necessary to complete the project. Revenue Sources Hamilton Street – Street Improvement Project Source Revenues % of Costs 2020 $135,689.42 2021 $116,286.02 2022 $121,887.00 2017, 2018, 2019 Reprogramed funds $107,317.24 Total CDBG $481,179.68 40.5 East Wenatchee Water District $195,422.58 16.4 Douglas County Sewer District $28,819.93 2.4 Douglas County Sales & Use Tax $228,000.00 19.2 City – Stormwater Uility $253,546.17 21.5 Total Revenue $1,186,968.36 Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Table 4 – Identify the geographic distribution and location of investments Narrative The City does not distribute or allocate CDBG funds on a geographic basis. Exhibit A 12-05-2023 City Council Agenda Packet Page 72 of 121 CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. The City often uses CDBG funds to leverage other federal, state, local and private resources to meet housing and community development needs. While matching funds are not currently required for the City’s CDBG program, the City anticipates that most major projects will be funded primarily through non-CDBG resources. The Hamilton Street project leveraged other local funds including from the East Wenatchee Water District, Douglas County Sewer District, East Wenatchee Stormwater Utility and Douglas County Sales and Use Tax funds. We typically partner with agencies that have underground utilities or services when we are working on a street construction project. Exhibit A 12-05-2023 City Council Agenda Packet Page 73 of 121 CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 0 0 Number of Special-Needs households to be provided affordable housing units 0 0 Total 0 0 Table 5 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 0 0 Number of households supported through Acquisition of Existing Units 0 0 Total 0 0 Table 6 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. No housing projects were funded in 2022. 2022 Program Year funds were allocated towards the Hamilton Street Rebuild Project. This project focused on improving vehicular and pedestrian access to households, as well as, upgrading water, sewer and stormwater service. Discuss how these outcomes will impact future annual action plans. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine Exhibit A 12-05-2023 City Council Agenda Packet Page 74 of 121 CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 0 0 Moderate-income 0 0 Total 0 0 Table 7 – Number of Households Served Narrative Information There were no housing projects funded in 2022. Exhibit A 12-05-2023 City Council Agenda Packet Page 75 of 121 CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City does not directly fund homeless outreach. Outreach is conducted through the work of organizations that operate in East Wenatchee and Wenatchee providing housing and housing support programs serving homeless and those at-risk of becoming homeless. East Wenatchee has no housing programs and relies upon other local agencies. Elected officials from the City of East Wenatchee are members of the Chelan Douglas Homeless Housing Task Force. City staff also participate in the meetings. The group is responsible for the development of the local homeless strategic plan and recommends awards for the distribution of the Chealn Douglas Counties Homeless Housing fund (RCW 36.22.179 and RCW 36.22.1791), Consolidated Homeless Grant (CHG), Housing & Essential Needs Grant Funds (HEN) and Emergency Solutions Grant funds (ESG). The funding is allocated using a competitive grant application process that is typically on a 2-year cycle. No CDBG funds are expended. Chelan County is the lead entity for this process. Addressing the emergency shelter and transitional housing needs of homeless persons In 2021, the cities of East Wenatchee and Wenatchee enacted a new sales and use tax to fund affordable housing programs including homeless housing and support services. The new Columbia River Homeless Housing Task Force covers East Wenatchee and Wenatchee. Elected officials from both Wenatchee and East Wenatchee, as well as, homeless service providers are members of the task force. Wenatchee is lead entity for this program. During Program Year 2022, East Wenatchee contributed approximately $580,000 of sale and use tax funds to the task force. The task force has funded the construction and operation of 2 low barrier safe parks to support homeless persons living in RV’s. The task force has funded the construction and operation of a low barrier pallet shelter facility. To date shelters have been purchased and site work is underway. The task force anticipates that this shelter facility will be operational in early Calendar Year 2024. The task force also provides operational funding for The People’s Foundation Low Barrier Emergency Shelter. The City of East Wenatchee is not contributing any CDBG funds to these projects. Helping low-income individuals and families avoid becoming homeless, especially extremely Exhibit A 12-05-2023 City Council Agenda Packet Page 76 of 121 CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs No East Wenatchee CDBG funds were used, however local Homeless Housing Funding Awards were allocated for prevention including legal assistance to help a tenant work out a program to avoid a pending eviction. Funding was awarded to an agency that provides transitional housing for individuals that have been released from a correctional facility. Rental assistance programs from various agencies were funded through various sources. The program helps tenants pay rent up to a maximum of 2 years. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Homeless Housing Funding Awards were allocated for Rapid Rehousing program. The Rapid Rehousing serviced include landlord liaison program. Some landlords are hesitant to rent to individuals or families with poor rental histories. This program allows landlords to sign up to participate knowing they will have a support system. If there is a problem with the tenant, the landlord can contact the agency. There is also a mitigation reserve that can pay for damages over and above the security deposit. Exhibit A 12-05-2023 City Council Agenda Packet Page 77 of 121 CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing In 2002, the City of East Wenatchee executed an interlocal governmental cooperation agreement (ILA) with the Housing Authority of Chelan County and the City of Wenatchee. The ILA allows the Housing Authority to operate, under limited circumstances, within the city limits. An East Wenatchee city councilmember serves on that agency’s board of directors. The Housing Authority operates an apartment complex that includes 35 year-round units for low income farmworkers. The Housing Authority also operates the HUD Section 8 Tenant Based Rental Assistance Program with 693 vouchers. Approximately 107 of the participants in the program reside in East Wenatchee. They also have 110 Veteran’s Assistance Vouchers (VASH). The Housing Authority has a range of services to address the needs of their tenants. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership No activities or actions were taken by the city. However, the Housing Authority offers their tenants and clients a self-sufficiency education program which includes information on managing money, caring for a home and general life skills. Actions taken to provide assistance to troubled PHAs The Housing Authority is not a troubled PHA. Exhibit A 12-05-2023 City Council Agenda Packet Page 78 of 121 CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) None Taken. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) None taken other than those mentioned in the Homeless and Other Special Needs section. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City maintains a Lead Based Paint page in the Building Department section of the city website that provided educational pamphlets regarding lead-based paint hazards to tenants, contractors, and homeowners regarding lead-based paint. The City also works directly with each subrecipient to ensure compliance with the regulations regarding lead-based paint. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The Columbia Valley Affordable Homeownership program gives families an opportunity to buy their home through six core programs: downpayment assistance, revolving loan program, homeownership counseling, community land trust, eastview & riverview place (affordable housing developments), and forgiveable loans. Unfortunately, the market value of single-family homes has increased beyond the capacity for most low-income residents. Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff and elected officials actively participate in community efforts to address the needs of low-income residents. A Councilmember sits on the Housing Aurthority Board. The Mayor, a Councilmember, and Community Development Director regularly attend meetings of the Chelan Douglas Local Homeless Housing Task Force. The Task Force serves as a decision-making body providing oversight, direction, and guidance for the development and implementation of the Chelan-Douglas Homeless Plan. A Councilmember and the Community Development Director participate in the Columbia River Homeless Housing Task Force. This task force was created to provide recommendations in spending a new sales and use tax to fund affordable housing programs including homeless housing and support services. The Task Force covers East Wenatchee and Wenatchee. Elected officials from both Wenatchee and East Wenatchee, as well as, homeless service providers are members of the task force. Wenatchee is lead entity for this program. The initial focus of the task force is to provide funding for agencies focused on Exhibit A 12-05-2023 City Council Agenda Packet Page 79 of 121 CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) providing low barrier shelter services for homeless individuals and individuals living in RV’s or vehicles. No East Wenatchee CDBG funds are expended. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) City staff regularly attend meetings of the Chelan Douglas Homeless Housing Advisory Committee. The Committee includes housing and service providers. Representatives are from the rental association, faith-based organizations, non-profits, state and local agencies. The Committee concentrated on outreach and communication between service providers and other public agencies that may be in contact with homeless individuals and families. This group provides recommendations to the cities, counites, and housing and service providers relative to actions that will reduce homelessness, encourage rapid re-housing, support and educate landlords, and provide information to the general public regarding homelessness. City staff also regularly attend meetings of the Columbia River Homeless Housing Task Force which works to fund affordable housing programs including homeless housing and support services. The new Columbia River Homeless Housing Task Force covers East Wenatchee and Wenatchee. Elected officials from both Wenatchee and East Wenatchee, as well as, homeless service providers are members of the task force. East Wenatchee does not contribute CDBG funds to this task force. East Wenatchee does however contribute sales and use taxes received by the city. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City maintains and periodically updates a Fair Housing web page in the Community Development Department section of the City website that provided brochures, forms and contact information for people to pursue Fair Housing claims. Exhibit A 12-05-2023 City Council Agenda Packet Page 80 of 121 CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The Community Development Department for the City of East Wenatchee is responsible for the administration of the CDBG Program. This includes the monitoring and evaluation of program activities as they relate to the adopted consolidated plan and annual action plan. City staff monitors subrecipients to ensure all regulatory requirements are met and that the information reported is complete and accurate. Montoring depends on the activity. Construction or acquisition projects will be monitored prior to work beginning and as they progress inorder to ensure compliance with specific federal regulation auch as Davis Bacon, Section 3, NEPA, and Uniform Reolcation and acquisition requirements. Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. In compliance with the Citizen Participation Plan and the Limited English Proficiency Plan, the City published a notice of availability and notice of public hearing in The Wenatchee World on November 14, 2023. The notice was published in English and Spanish. The notice announced the availability of the Draft 2022 Consolidated Annual Performance and Evaluation Report (CAPER) initiating the 15-day comment period and a notice of the publice hearing on December 5, 2023. A copy of the Draft 2022 CAPER was posted on the City website and made available at City Hall. CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. No changes are planned or anticipated. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No. [BEDI grantees] Describe accomplishments and program outcomes during the last year. Exhibit A 12-05-2023 City Council Agenda Packet Page 81 of 121 CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. No changes are planned or anticipated. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No. [BEDI grantees] Describe accomplishments and program outcomes during the last year. Exhibit A 12-05-2023 City Council Agenda Packet Page 82 of 121 CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 1 0 0 0 0 Total Labor Hours 2,853 Total Section 3 Worker Hours 0 Total Targeted Section 3 Worker Hours 0 Table 8 – Total Labor Hours Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers. Direct, on-the job training (including apprenticeships). Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Outreach efforts to identify and secure bids from Section 3 business concerns. 1 Technical assistance to help Section 3 business concerns understand and bid on contracts. Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. Held one or more job fairs. Provided or connected residents with supportive services that can provide direct services or referrals. Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. Assisted residents with finding child care. Assisted residents to apply for, or attend community college or a four year educational institution. Assisted residents to apply for, or attend vocational/technical training. Assisted residents to obtain financial literacy training and/or coaching. Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Provided or connected residents with training on computer use or online technologies. Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. Other. Table 9 – Qualitative Efforts - Number of Activities by Program Exhibit A 12-05-2023 City Council Agenda Packet Page 83 of 121 CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Narrative Hamilton Street Rebuild Project During the request for qualification process the city placed ads in the local newspaper, placed an ad on the Washington Office of Minority & Women’s Business Enterprise website and sent letters to firms listed on the Municipal Research and Service Center Engineers Roster During the construction contract bidding process the city placed ads in the local newspaper and the Daily Journal of Commerce. Exhibit A 12-05-2023 City Council Agenda Packet Page 84 of 121 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Councilmembers and Mayor Crawford From: Josh DeLay, Finance Director Subject: Ordinance No. 2023-17 Amending Ordinance No. 2022-26, which established the 2023 budget for the City of East Wenatchee Date: December 5, 2023 I. Summary Title: An Ordinance of the City of East Wenatchee, Washington, amending the City’s 2023 budget, which was initially established by Ordinance No. 2022-26. II. Background/History: The City must provide an adequate appropriation by fund to support spending each year. When the original spending plan changes significantly, budget amendments must be considered and approved by the City Council through an ordinance amendment. Many of the amendments to the budget are related to the continued increase in the City’s liability insurance as well as street/stormwater project scope and timeline changes. Other changes are housekeeping items that have already been approved through motions at prior City Council meetings while some items are new requests or line items that were overlooked in the initial budget. Action is hereby required to amend the City of East Wenatchee budget for 2023. III. Recommended Action: Review and passage of Ordinance No. 2023-17 IV. Exhibits: Ordinance No. 2023-17, and 2023 budget amendment worksheets Financial Data: Expenditure Amount Budgeted Appropriation Required $(3,302,550) $0 $(1,525,000) 12-05-2023 City Council Agenda Packet Page 85 of 121 City of East Wenatchee Ordinance 2023-17 Page 1 of 4 City of East Wenatchee, Washington Ordinance No. 2023-17 An Ordinance of the City of East Wenatchee, Washington, amending Ordinance Number 2022-26, which set the City of East Wenatchee 2023 budget. Una Ordenanza de la Ciudad de East Wenatchee, Washington, que modifica la Ordenanza Número 2022-26, que establece el presupuesto de la Ciudad de East Wenatchee para 2023. _______________________________________________________________ 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 alternatformat@eastwenatcheewa.gov, al (509) 886-6103 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) 886-6103, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. On November 15, 2022, the City Council passed Ordinance No. 2022-26, which established the City’s budget for 2023. 2.3. The City now finds that it should amend its 2023 budget per RCW 35A.33.120. 3. Authority. 3.1. RCW 35A.11.020 authorizes the City to adopt ordinances that regulate its municipal affairs and that are appropriate to the good government of the City. 3.2. RCW 35A.33.120 authorizes the City to amend its budget when revenues exceed estimates, and when it is in the best interests of the city to re-appropriate moneys for other purposes. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this Ordinance is to act in the best interests of the City by amending the East Wenatchee budget for 2023. 5. Amendment. The City Council amends Ordinance 2022-26, enacted on November 15, 2022, by this Ordinance 2023-17, as follows (note – only the funds needing an amendment are listed in this table): 12-05-2023 City Council Agenda Packet Page 86 of 121 City of East Wenatchee Ordinance 2023-17 Page 2 of 4 Fund 2023 Adopted Revenue Budget 2023 Revised Revenue Budget 2023 Adopted Expenditure Budget 2023 Revised Expenditure Budget General $8,247,305 $9,614,305 $9,419,767 $10,335,392 Street 1,344,800 1,344,800 1,426,450 1,447,700 CDBG 180,589 263,589 180,589 180,589 Housing & Related Ser. Tax 440,000 550,000 440,000 640,000 Trans. Benefit District (TBD) 401,000 431,000 600,000 602,000 SWAT 58,500 171,500 30,000 30,000 Library 7,525 7,525 6,500 8,500 Hotel/Motel Tax 300,500 410,500 292,000 415,500 Drug 100 100 - 2,000 Events Board 156,750 189,250 159,985 202,310 Street Improvements 10,303,500 11,941,500 11,118,800 11,048,800 Capital Improvements 601,500 401,500 3,830,000 4,580,000 Stormwater 5,791,788 983,288 6,578,498 1,287,248 6. Final Appropriations. The final appropriations for the City of East Wenatchee as provided for in Ordinance Number 2022-26, as amended by Section 5 of this ordinance, are as follows: Fund Budgeted 2023 Beginning Fund Balance Amended Budgeted 2023 Revenue 2023 Amended Appropriation General $4,774,124 $9,614,305 $14,388,429 CDBG 118,683 263,589 382,272 Housing & Related Serv. 10,000 550,000 560,000 Trans. Benefit District (TBD) 522,035 431,000 953,035 SWAT 28,500 171,500 200,000 Hotel/Motel Tax 392,682 410,500 803,182 Events Board 26,635 189,250 215,885 Street Improvements 992,302 11,941,500 12,933,802 Capital Improvements 3,592,119 401,500 3,993,619 Stormwater 1,171,584 983,288 2,154,872 12-05-2023 City Council Agenda Packet Page 87 of 121 City of East Wenatchee Ordinance 2023-17 Page 3 of 4 7. Instructions to Finance Director. The City Council authorizes and directs the Finance Director to effectuate the transfers and changes set forth in Section 5. 8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 9. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. 10. Effective Date. This Ordinance becomes effective five days after the date its summary is published. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this ____ day of ______________, 2023. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Authenticated: ___________________________ Laura Leon, City Clerk Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: 12-05-2023 City Council Agenda Packet Page 88 of 121 City of East Wenatchee Ordinance 2023-17 Page 4 of 4 Summary of City of East Wenatchee, Washington Ordinance No. 2023-17 On the ____ day of ______________, 2023, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2023-17, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee, Washington, amending Ordinance Number 2022-26, which set the City of East Wenatchee 2023 budget. The full text of this Ordinance is available at www.eastwenatcheewa.gov. Dated this ____ day of _____________, 2023. _____________________________ Laura Leon, City Clerk 12-05-2023 City Council Agenda Packet Page 89 of 121 DescriptionAdditions to 2023 BudgetSubtractions from 2023 BudgetNotesBARSGeneral FundGeneral GovernmentARPA Contributions255,000.00$      As approved by the ARPA Funds Committee.  Additional applications for these funds came in.001‐000‐001‐558‐70‐40‐02LegislativeInsurance3,750.00$          Liability premiums continue to increase higher than expected001‐000‐110‐511‐60‐46‐00Professional Services10,000.00$        Costs exceeded the initial budget001‐000‐110‐511‐60‐41‐00Mayor's OfficeBenefits10,000.00$        Formula error with initial budget spreadsheet001‐000‐111‐513‐10‐20‐00Insurance3,750.00$          Liability premiums continue to increase higher than expected001‐000‐111‐513‐10‐40‐05Municipal CourtInsurance6,250.00$          Liability premiums continue to increase higher than expected001‐000‐120‐512‐51‐40‐02Human ResourcesInsurance1,250.00$          Liability premiums continue to increase higher than expected001‐000‐139‐518‐10‐40‐04City ClerkInsurance3,125.00$          Liability premiums continue to increase higher than expected001‐000‐140‐514‐20‐46‐00FinanceState Audit25,000.00$        Unexpected increase for various reasons001‐000‐142‐514‐20‐40‐00Insurance5,000.00$          Liability premiums continue to increase higher than expected001‐000‐142‐514‐20‐46‐00Information TechnologyInsurance1,250.00$          Liability premiums continue to increase higher than expected001‐000‐145‐514‐20‐45‐00LegalInsurance6,250.00$          Liability premiums continue to increase higher than expected001‐000‐151‐515‐31‐46‐00Civil ServiceInsurance2,500.00$          Liability premiums continue to increase higher than expected001‐000‐160‐521‐10‐46‐00Central ServicesInsurance21,875.00$        Liability premiums continue to increase higher than expected001‐000‐180‐518‐30‐46‐00Ancillary (Interfund Maintenance)20,000.00$        This line items account for maintenance work done at City Hall & Simon St. by our maintenance crew ‐ they performed a bunch of work at Simon St. to get it move‐in ready001‐000‐180‐518‐92‐20‐002023 Expenditure Budget Amendment12-05-2023 City Council Agenda Packet Page 90 of 121 DescriptionAdditions to 2023 BudgetSubtractions from 2023 BudgetNotesBARS2023 Expenditure Budget AmendmentCapital Outlay40,000.00$        Various unexpected purchases were needed in 2023 for new buildings, office moves, emergencies, etc.001‐000‐180‐594‐18‐60‐00Law EnforcementInsurance26,250.00$        Liability premiums continue to increase higher than expected001‐000‐210‐521‐10‐46‐00Jail ServicesMedical Care ‐ Prisoners5,000.00$          We received large invoice from the jail for 2022 medical care001‐000‐230‐523‐60‐20‐00Juvenile Detention5,000.00$          Unexpected costs related to the detention of juveniles001‐000‐230‐527‐60‐30‐00Public WorksInsurance5,000.00$          Liability premiums continue to increase higher than expected001‐000‐315‐542‐10‐46‐00PlanningInsurance5,000.00$          Liability premiums continue to increase higher than expected001‐000‐580‐558‐60‐46‐00Building DepartmentSalaries85,000.00$             The City can't find a suitable replacement for the Code Compliance position 001‐000‐590‐558‐50‐10‐00Benefits40,000.00$             The City can't find a suitable replacement for the Code Compliance position 001‐000‐590‐558‐50‐20‐00Professional Services75,000.00$        The City has to use an outside consultant because it hasn't been able to fill the Code Compliance position001‐000‐590‐558‐50‐41‐00Insurance4,375.00$          Liability premiums continue to increase higher than expected001‐000‐590‐558‐50‐46‐00Other ExpendituresTransfer‐Out to 301 Fund500,000.00$      To assist the 301 fund with cash shortages throughout the year while waiting on reimbursements.  All funds will be transferred back to the General Fund001‐001‐000‐597‐95‐00‐25Street FundInsurance21,250.00$        Liability premiums continue to increase higher than expected101‐000‐430‐543‐30‐46‐00Housing & Related Services FundTransfer to City of Wenatchee ‐ CRHTF200,000.00$      Revenues are coming in higher than budget, and we transfer all of these funds received to the City of Wenatchee104‐000‐000‐551‐00‐40‐00Transportation Benefit District FundTBD Advertising2,000.00$          To add to the capacity of this fund for an unbudgeted expense105‐000‐000‐543‐10‐40‐00Library FundFacilities ‐ Utilities2,000.00$          The fund's cash balance is getting too high so we're spending these funds quicker 112‐000‐000‐572‐50‐47‐0012-05-2023 City Council Agenda Packet Page 91 of 121 DescriptionAdditions to 2023 BudgetSubtractions from 2023 BudgetNotesBARS2023 Expenditure Budget AmendmentHotel/Motel Tax FundSports Foundation ‐ Special Olympics30,000.00$        Mid‐year request approved by the EWEB113‐000‐000‐557‐30‐41‐00EMPD Winter Classic AAU Tournament8,000.00$          Mid‐year request approved by the EWEB113‐000‐000‐557‐30‐41‐01Contributions to Other Entities55,000.00$        Multiple mid‐year requests approved by the EWEB113‐000‐000‐557‐30‐41‐10Transfer‐Out to Fund 11730,500.00$        Multiple mid‐year requests approved by the EWEB113‐001‐000‐597‐00‐00‐01Drug FundSmall Tools & Equipment2,000.00$          Law enforcement made a purchase with these funds114‐000‐000‐521‐10‐35‐00Events Board FundSalaries30,000.00$        For an Events Assistant that was added mid‐year117‐000‐050‐557‐30‐10‐00Benefits3,000.00$          For an Events Assistant that was added mid‐year117‐000‐050‐557‐30‐20‐00Insurance4,375.00$          Liability premiums continue to increase higher than expected117‐000‐105‐557‐30‐40‐00PFOF Professional Services3,200.00$          Costs exceeded the initial budget117‐000‐620‐557‐30‐40‐00Havana Nights Professional Services1,750.00$          Event planned mid‐year after initial budget adoption117‐000‐621‐557‐30‐40‐00Street Improvements FundDesign ‐ Grant Rd/Highline Dr Intersection70,000.00$        Project scope/timing changes for 2023301‐000‐000‐595‐10‐40‐04Design ‐ SRTS ‐ 5th St NE: Sterling5,000.00$          Project scope/timing changes for 2023301‐000‐000‐595‐10‐40‐23Design ‐ NHS Overlay Grover to Kentucky80,000.00$        Project scope/timing changes for 2023301‐000‐000‐595‐10‐60‐00NHFP Grant Road Overlay ‐ VMP to Grover85,000.00$        Project scope/timing changes for 2023301‐000‐000‐595‐10‐60‐01Construction ‐ Hamilton St. Rebuild40,000.00$        Invoices from this 2022 project trickled into 2023301‐000‐000‐595‐30‐60‐08Construction ‐ NHFP Grant Road Overlay850,000.00$           No expenses planned for this line item in 2023301‐000‐000‐595‐30‐60‐10Transfer Out to General Fund500,000.00$      To assist the 301 fund with cash shortages throughout the year while waiting on reimbursements.  All funds will be transferred back to the General Fund301‐000‐000‐597‐95‐00‐25Capital Improvements FundMaintenance Facilities Construction500,000.00$      To build in a buffer in the event we get some delayed invoices 314‐000‐000‐594‐18‐60‐00Simon St. Improvements250,000.00$      The project was initially supposed to be over in 2022, but overran into 2023 314‐000‐000‐594‐21‐60‐01Stormwater FundInsurance3,750.00$          Liability premiums continue to increase higher than expected401‐000‐001‐531‐00‐40‐0219th Stormwater Facility Design55,000.00$        Costs have exceeded the initial budget401‐000‐011‐594‐31‐60‐04Construction ‐ 19th St. Stormwater4,500,000.00$        This project is now scheduled for 2024401‐000‐011‐594‐31‐60‐05Construction ‐ Pace Pond Ecology850,000.00$           This project is now scheduled for 2024401‐000‐016‐594‐31‐60‐01Total3,022,450.00$   6,325,000.00$        12-05-2023 City Council Agenda Packet Page 92 of 121 DescriptionAdditions to 2023 BudgetSubtractions from 2023 BudgetNotesBARSGeneral FundTaxesLocal Retail Sales & Use Tax400,000.00$           Actuals coming in higher than budgeted001‐000‐000‐313‐11‐00‐00Gambling Tax65,000.00$             Actuals coming in higher than budgeted001‐000‐000‐316‐84‐00‐00Licenses and PermitsBuilding & Structure Permits20,000.00$             Actuals coming in higher than budgeted001‐000‐000‐322‐10‐00‐00Intergovernmental RevenuesChelan County PUD Trail Patrol25,000.00$             A new interlocal agreement initiated after the 2023 budget was adopted 001‐000‐000‐337‐00‐00‐02Charges for Goods and ServicesEngineering Review Fees52,000.00$             Actuals coming in higher than budgeted001‐000‐000‐345‐83‐41‐00Fines and PenaltiesFines and Penalties50,000.00$             Actuals coming in higher than budgeted001‐000‐000‐356‐50‐00‐00Miscellaneous RevenuesInterest Earnings200,000.00$           Interest rates continue to increase001‐000‐000‐361‐10‐00‐00Sales Tax Interest15,000.00$             Interest rates continue to increase001‐000‐000‐361‐40‐00‐00Opioid Settlement20,000.00$             An oversight during 2023 budget preparation001‐000‐000‐369‐40‐00‐00Miscellaneous Revenue20,000.00$             Various miscellaneous revenues have been earned in 2023001‐000‐000‐369‐91‐50‐00Other Financing SourcesTransfer In ‐ Street Imp Fund500,000.00$           To assist the 301 fund with cash shortages throughout the year while waiting on reimbursements.  All funds will be transferred back to the General Fund001‐000‐000‐397‐95‐00‐25Community Dev. Grants FundHUD CD Block Grant83,000.00$             A late 2022 reimbursement trickled into 2023102‐000‐000‐331‐14‐00‐00Housing & Related Services FundHousing & Related Services Sales/Use Tax 110,000.00$           Actuals coming in higher than budgeted104‐000‐000‐313‐25‐00‐00Trans. Benefit District FundCar Tab Fees30,000.00$             Presumably late car tab fee revenue still trickles in occasionally105‐000‐000‐317‐60‐00‐00SWAT FundCCSO BearCat Contribution113,000.00$           Chelan County sent their contribution to the BearCat armored vehicle that is supposed to be delivered in 2024107‐000‐000‐337‐00‐00‐042023 Revenue Budget Amendment12-05-2023 City Council Agenda Packet Page 93 of 121 DescriptionAdditions to 2023 BudgetSubtractions from 2023 BudgetNotesBARS2023 Revenue Budget AmendmentHotel/Motel Tax FundHotel/Motel Tax110,000.00$           Actuals coming in higher than budgeted113‐000‐000‐313‐31‐02‐00Events Board FundTransfer‐In from Fund 11330,500.00$             Multiple mid‐year requests approved by the EWEB117‐000‐100‐397‐00‐00‐00Havana Nights Sponsorships2,000.00$               Event planned mid‐year after initial budget adoption117‐000‐621‐367‐00‐00‐00Street Improvements FundCounty Sales/Use Tax ‐ Hamilton St.228,000.00$           A late 2022 reimbursement trickled into 2023301‐000‐000‐330‐00‐00‐04STP 9th/VMP Intersection375,000.00$           Actuals coming in higher than budgeted301‐000‐000‐333‐20‐00‐13Link Transit ‐ 3rd/Rock Island535,000.00$           Link agreed to contribute to a portion of this project301‐000‐000‐337‐00‐00‐05Transfer In From General Fund500,000.00$           To assist the 301 fund with cash shortages throughout the year while waiting on reimbursements.  All funds will be transferred back to the General Fund301‐000‐000‐397‐95‐00‐25Capital Improvements FundReal Estate Excise Tax (REET)200,000.00$           Actuals coming in lower than budgeted presumably due to higher mortgage rates 314‐000‐000‐318‐34‐00‐00Stormwater Fund19th St. Ecology Grant2,000,000.00$        This project is now scheduled for 2024401‐000‐000‐334‐03‐10‐01Pace Pond Ecology Grant808,500.00$           This project is now scheduled for 2024401‐000‐000‐334‐03‐10‐0319th St. TIB Grant2,000,000.00$        This project is now scheduled for 2024401‐000‐000‐334‐03‐80‐00Total3,483,500.00$       5,008,500.00$        12-05-2023 City Council Agenda Packet Page 94 of 121 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Councilmembers From: Josh DeLay, Finance Director Subject: Ordinance 2023-18; Garbage, Sewer & Water Utility Tax Additions Date: December 5, 2023 I. Summary Title: An Ordinance of the City of East Wenatchee, Washington, amending Chapter 4.32 of the East Wenatchee Municipal code to add garbage, sewer and water as occupations subject to the City’s utility tax. II. Background/History: Short-term projections show significant deficit balances in the City’s general fund where basic City service levels could suffer a reduction without a new source of unrestricted revenue. Implementation of a 10% garbage, sewer and water tax is expected to generate sizable revenue for the City. The tax is upon the gross income of public and private utilities providing services within the boundaries of the City, and the revenue may be used for any lawful governmental purpose. III. Recommended Action: Review and approval of Ordinance No. 2023-18. IV. Exhibits: a. Ordinance No. 2023-18 b. Revised EWMC 4.32 Est. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $1,500,000 $0 12-05-2023 City Council Agenda Packet Page 95 of 121 City of East Wenatchee Ordinance 2023-18 Page 1 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2023-18 An Ordinance of the City of East Wenatchee, Washington, amending Chapter 4.32 of the East Wenatchee Municipal Code to add garbage, sewer and water as occupations subject to the City’s utility tax. Una Ordenanza de la Ciudad de East Wenatchee, Washington, que modifica el Capítulo 4.32 del Código Municipal de East Wenatchee para agregar basura, alcantarillado y agua como ocupaciones sujetas al impuesto de servicios públicos de la Ciudad. 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. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and 2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to add garbage, sewer and water as occupations subject to the City’s utility tax. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 4. Purpose. The purpose of this ordinance is to amend Chapter 4.32 of the East Wenatchee Municipal Code to add garbage, sewer and water as occupations subject to the City’s utility tax. 12-05-2023 City Council Agenda Packet Page 96 of 121 City of East Wenatchee Ordinance 2023-18 Page 2 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) 5. Amendment. The City Council amends Chapter 4.32 of the East Wenatchee Municipal Code to read as set forth in Exhibit A. 6. Superseding Provisions. The provisions of this ordinance, once adopted, shall supersede any previous ordinance to the extent that said ordinance may conflict with the provisions of this ordinance. 7. Corrections. Upon approval by the City Attorney, the City Clerk and the code reviser may correct this Ordinance if it contains a clerical error; an incorrect reference to other local, state, or federal laws, codes, rules, or regulations; or an error in ordinance numbering, section number, or subsection numbering. 8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 9. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. 10. Effective Date. This Ordinance becomes effective April 1, 2024. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this ____ day of _______________, 2023. The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor AUTHENTICATED: ___________________________ Laura Leon, City Clerk 12-05-2023 City Council Agenda Packet Page 97 of 121 City of East Wenatchee Ordinance 2023-18 Page 3 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Published: __________ Effective Date: __________ 12-05-2023 City Council Agenda Packet Page 98 of 121 City of East Wenatchee Ordinance 2023-18 Page 4 of 4 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A- 16 Rev.1) Summary of the City of East Wenatchee, Washington Ordinance No. 2023-18 On the ____ day of ______________, 2023, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2023-18, the main point of which may be summarized by its title as follows: An Ordinance of the City of East Wenatchee, Washington, amending Chapter 4.32 of the East Wenatchee Municipal Code to add garbage, sewer and water as occupations subject to the City’s utility tax. The full text of this Ordinance is available at www.eastwenatcheewa.gov. Dated this _____ day of ______________, 2023. _______________________ Laura Leon, City Clerk 12-05-2023 City Council Agenda Packet Page 99 of 121 East Wenatchee Municipal Code Chapter 4.32 UTILITY TAX Page 1/4 The East Wenatchee Municipal Code is current through Ordinance 23-09, passed August 15, 2023. Chapter 4.32 UTILITY TAX Sections: 4.32.010 Utility tax. 4.32.020 Use and accountability of tax proceeds. 4.32.030 Definitions. 4.32.040 Occupations subject to tax – Amount. 4.32.050 Tax year. 4.32.060 Exceptions and deductions. 4.32.070 Monthly installments. 4.32.080 Taxpayer’s records. 4.32.090 Failure to make returns or to pay the tax in full. 4.32.100 Penalty for delinquent payment. 4.32.110 Overpayment of tax. 4.32.120 Noncompliance – Penalty. 4.32.130 Appeal. 4.32.140 Treasurer Finance Director to make rules. 4.32.150 Severability. 4.32.010 Utility tax. The tax provided for in this chapter shall be known as the “utility tax,” and is levied upon the privilege of conducting an electric energy or natural or manufactured gas business within the city of East Wenatchee effective February 1, 2009, and a garbage, sewer and water business within the city of East Wenatchee effective April 1, 2024. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.020 Use and accountability of tax proceeds. The treasurer finance director shall deposit all revenues collected pursuant to this chapter into the general fund. The city shall use these revenues to fund city services or capital requirements as the city council shall direct through its annual budget process. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.030 Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. A. “TreasurerFinance Director” means the treasurer finance director of the city of East Wenatchee, Washington, or his or her designee. B. “Gross income” means the value proceeding or accruing from the performance of the particular business involved, including gross proceeds of sales, compensation for the rendition of services, and receipts (including all sums earned or charged, whether received or not) by reason of investment in the business engaged in (excluding rentals, receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages or other evidences of indebtedness, or stocks and the like), all without any deduction on account of the cost of property sold, the cost of materials used, labor costs, taxes, interest or discount paid, delivery costs or any expenses whatsoever, and without any deduction on account of losses. C. “Person” or “persons” means persons of either sexindividuals, firms, partnerships, copartnerships, corporations, limited liability companies, public utility districts, municipal corporations or departments thereof, public or private utilities, water companies or districts, and other associations, whether acting by themselves or by servants, agents or employeesmeans any person, firm, corporation, association, or entity of any type engaged in a business subject to taxation under this chapter. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 12-05-2023 City Council Agenda Packet Page 100 of 121 East Wenatchee Municipal Code Chapter 4.32 UTILITY TAX Page 2/4 The East Wenatchee Municipal Code is current through Ordinance 23-09, passed August 15, 2023. 4.32.040 Occupations subject to tax – Amount. There is levied upon and shall be collected from a person because of certain business activities engaged in or carried on in the city of East Wenatchee, taxes in the amount to be determined by the application of rates given against gross income as follows: A. Upon a person engaged in or carrying on the business of selling, furnishing, or transmitting electric energy, a tax equal to six percent of the total gross income from such business in the city during the period for which the tax is due; and B. Upon a person engaged in or carrying on the business of selling, furnishing, or transmitting gas, whether natural or manufactured, a tax equal to six percent of the total gross income from such business in the city during the period for which the tax is due;. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) C. Upon a person engaged in or carrying on the business of selling or supplying domestic water, a tax equal to ten percent of the total gross income from such business in the city during the period for which the tax is due; D. Upon a person engaged in or carrying on the business of collecting and disposing of garbage, a tax equal to ten percent of the total gross income from such business in the city during the period for which the tax is due; and E. Upon a person engaged in or carrying on the business of selling or supplying sewer service, a tax equal to ten percent of the total gross income from such business in the city during the period for which the tax is due. 4.32.050 Tax year. For purposes of this utility tax, the tax year shall commence February 1, 2009, and end December 31, 2009. Thereafter, the tax year shall commence on January 1st and end on December 31st of each year. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.060 Exceptions and deductions. There is excepted and deducted from the total gross income upon which the tax is computed: A. That part of the total gross income derived from business which the city is prohibited from taxing under the Constitution or laws of the United States and the Constitution or laws of the state of Washington. B. Adjustments made to a billing or customer account in order to reverse a billing or charge that was not properly a debt of the customer. C. Cash discounts allowed and actually granted to customers of the taxpayer during the tax year. D. Uncollectible debts written off the taxpayer’s books during the tax year. If subsequently collected, the income shall be reported for the period in which collected. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.070 Monthly installments. The tax imposed by EWMC 4.32.040 shall be due and payable in monthly installments. Remittance shall be made on or before the last day of the month following the end of the monthly period in which the tax is accrued. Annual or quarterly returns for smaller entities may be allowed upon written approval from the treasurer finance director. On or before said due date, the taxpayer shall file with the treasurerfinance director a written return upon such form and setting forth such information as the treasurer finance director shall reasonably require relating to the accurate computation and collection of this tax, together with the payment of the amount. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.080 Taxpayer’s records. Each taxpayer shall keep records reflecting the amount of the taxpayer’s gross income on sales and services within the city, and such records shall be open at all reasonable times for the inspection of the treasurerfinance director, or his or her designee, to verify information provided on any utility tax return, or to determine whether such return is required to be filed. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 12-05-2023 City Council Agenda Packet Page 101 of 121 East Wenatchee Municipal Code Chapter 4.32 UTILITY TAX Page 3/4 The East Wenatchee Municipal Code is current through Ordinance 23-09, passed August 15, 2023. 4.32.090 Failure to make returns or to pay the tax in full. If a taxpayer fails, neglects, or refuses to make his return as and when required by this chapter, the treasurer finance director is authorized to determine the amount of the tax payable under provisions of EWMC 4.32.040, and to notify such taxpayer of the amount so determined. The amount so fixed shall be the tax and shall be immediately due and payable, together with penalty and interest. Delinquent taxes, including any penalties, are subject to an interest charge of 12 percent per year on the unpaid balance from the date any such taxes became due as provided in EWMC 4.32.070. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.100 Penalty for delinquent payment. If a person subject to this tax fails to pay any tax required by this chapter within 15 days after the due date thereof, there shall be added to such tax a penalty of 10 percent of the amount of such tax. Any tax due under this chapter that is unpaid and all penalties thereon shall constitute a debt to the city and may be collected by court proceedings, which remedy shall be in addition to all other remedies. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.110 Overpayment of tax. Money paid to the city through error, or otherwise not in payment of the tax imposed by this chapter, or in excess of such tax, shall, upon discovery, be credited against any tax due or to become due from such taxpayer hereunder; provided, however, that overpayments extending beyond one year prior to notification of the city shall not be refunded. If such taxpayer has ceased doing business in the city, any such overpayment shall be refunded to the taxpayer. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.120 Noncompliance – Penalty. A. No person subject to this chapter shall fail or refuse to file tax returns or to pay tax when due, nor shall any person make a false statement or representation in, or in connection with, any such tax return, or otherwise violate or refuse to comply with this chapter or with any rule promulgated pursuant to EWMC 4.32.140. B. In addition to the interest and delinquent filing penalties set forth above, the city council declares that failure to comply with this chapter is a civil infraction, subject to a fine of up to $250.00 for each day that a violation continues. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.130 Appeal. A taxpayer aggrieved by the amount of the tax, penalties, interest, or civil infraction fine determined to be due by the treasurer finance director or his designee, under the provisions of this chapter, may appeal such determination to the mayor or his or her designee. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.140 Treasurer Finance Director to make rules. The treasurer finance director shall have the power to adopt and enforce rules and regulations consistent with this chapter or with the law for the purposes of carrying out the provisions thereof. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) 4.32.150 Referendum Procedure. The provisions of this chapter are subject to the referendum procedure as follows: A. A referendum petition seeking to repeal this ordinances must be filed with the City Clerk within seven days of the passage by the City Council of this ordinance or publication thereof, whichever is later. The City Clerk is designated as the person to receive any such petition. B. Within ten days the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition and cause to be written a ballot title for the measure. C. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in the tax being imposed and a negative answer to the question and a negative vote on the measure results in the tax not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten day period. Formatted: Font: Times New Roman, 10 pt, Bold Formatted: Indent: Left: 0", Space After: 0 pt, Linespacing: single Formatted: Font: Times New Roman, 10 pt Formatted: Normal, No bullets or numbering Formatted: Font: Times New Roman, 10 pt Formatted: Normal, Indent: Left: 0" Formatted: Font: Times New Roman, 10 pt Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: Times New Roman, 10 pt Formatted: Indent: Left: 0", Hanging: 0.25", SpaceAfter: 0 pt, Line spacing: single, No bullets ornumbering Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: Times New Roman, 10 pt Formatted: Indent: Left: 0", Hanging: 0.25", Nobullets or numbering 12-05-2023 City Council Agenda Packet Page 102 of 121 East Wenatchee Municipal Code Chapter 4.32 UTILITY TAX Page 4/4 The East Wenatchee Municipal Code is current through Ordinance 23-09, passed August 15, 2023. D. After notification of the identification number and ballot title the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than Fifteen Percent (15%) of the registered voters of the City, as of the last City general election, and to file the signed petitions with the City Clerk. E. Each petition form shall contain the ballot title and the full text of the referendum. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the City Clerk shall cause the referendum measure to be submitted to the City voters at the next election within the City or at a special election as provided pursuant to RCW 35.17. 260(2). 4.32.150160 Severability. Should any section, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this chapter be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 22-17 § 5 (Exh. A), 2022; Ord. 08-13 § 1, 2008) Formatted: Font: Times New Roman, 10 pt Formatted: Indent: Left: 0", Hanging: 0.25", Nobullets or numbering 12-05-2023 City Council Agenda Packet Page 103 of 121 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Councilmembers From: Josh DeLay, Finance Director Subject: Resolution 2023-58 – Chelan Co. Regional Justice Center ILA Date: December 5, 2023 I. Summary Title: A Resolution of the City of East Wenatchee, Washington, renewing the interlocal agreement with Chelan County for jail services. II. Background/History: Our current agreement with Chelan Co. expires on 12/31/2023, and this is currently our only option locally to jail arrested individuals. This will renew our contract with the County through 2026, but the City has termination options before the contract term ends. City staff always are and will continue to seek more sustainable options for these jail services. The only substantive change to this contract from the prior contract is a 91% monetary increase, which now represents nearly 10% of our overall general fund budget. III. Recommended Action: Review and approval of Resolution 2023-58 IV. Exhibits: Resolution No. 2023-58, and the interlocal agreement Financial Data: Expenditure Estimated Amount Budgeted Appropriation Required $965,000 (2024) $965,000 (2024) $965,000 (2024) 12-05-2023 City Council Agenda Packet Page 104 of 121 City of East Wenatchee Resolution 2023-58 Page 1 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) City of East Wenatchee, Washington Resolution No. 2023-58 A Resolution of the City of East Wenatchee, Washington, renewing the interlocal agreement with Chelan County for jail services. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,etc.), póngase en contacto con la administradora municipal 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. 3. Recitals. 3.1. The City Council of the City of East Wenatchee recognizes the requirement to jail arrested individuals, and the Chelan County Regional Justice Center is currently the only option available. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 4. Authorization. The City Council adopts the attached interlocal agreement as the City’s jail services agreement. 5. Severability. If a court of competent jurisdiction declares any provision in thisresolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 12-05-2023 City Council Agenda Packet Page 105 of 121 6. Effective date. This Resolution becomes effective January 1, 2024. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2023. The City of East Wenatchee, Washington By _________________________________ Jerrilea A. Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ Sean Lewis, Assistant City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ City of East Wenatchee Resolution 2023-58 with Exhibit APage 2 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 12-05-2023 City Council Agenda Packet Page 106 of 121 Interlocal Agreement Between Chelan County Page 1 of 10 And the City of East Wenatchee INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF EAST WENATCHEE, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL JUSTICE CENTER THIS INTERLOCAL AGREEMENT is made and entered into on this ______ day of ______________, 20___ by and between the City of EAST WENATCHEE, Washington, a Washington municipal corporation, hereinafter referred to as “City”, and Chelan County, Washington, hereinafter referred to as “Chelan County”, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, The Chelan County Regional Justice Center and the City Mayor or designee are authorized by law to have charge and custody of the County Jail and the City prisoners or inmates, respectively; and WHEREAS, the City wishes to designate the CCRJC as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Chelan County Regional Justice Center is desirous of accepting and keeping in its custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any other county or city to perform any governmental service, activity or undertaking which each contracting county is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1.GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate or inmates confined pursuant to this Agreement. 2.DURATION This Agreement shall enter into full force and effect from January 1, 2024 and end December 31, 2026, subject to earlier termination as provided by Section 3 herein. Nothing in this Agreement shall be construed to require the City to house inmates in Chelan County continuously. EXHIBIT A 12-05-2023 City Council Agenda Packet Page 107 of 121 Interlocal Agreement Between Chelan County Page 2 of 10 And the City of East Wenatchee 3. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Within said sixty (60) days, the City agrees to remove its inmate(s) from the CCRJC. (b) By the City due to lack of funding. The obligation of the City to pay Chelan County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by the City. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the City shall have the option of terminating the Agreement upon written notice to Chelan County, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the City. (c) Termination for Breach. In the event the City breaches or fails to perform or observe any of the terms or conditions herein, and fails to cure such breach or default within seven (7) days of County’s giving the City written notice thereof, or, if not reasonably capable of being cured within such seven (7) days, within such other period of time as may be reasonable in the circumstances, County may terminate the City’s rights under this Agreement effective 30 days from date of receipt of notice to terminate in addition to and not in limitation of any other remedy of County at law or in equity, and the failure of County to exercise such right at any time shall not waive County’s right to terminate for any future breach or default. (d) In the event of termination of this agreement for any reason, the City shall compensate Chelan County for prisoners housed by Chelan County after notice of such termination until the City retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Chelan County: Chelan County Regional Justice Center 401 Washington St., Level 2 Wenatchee, WA 98801 Primary Contact Person: Chris Sharp, Director Secondary Contact: Michelle Torgerson, Business Manager EXHIBIT A 12-05-2023 City Council Agenda Packet Page 108 of 121 Interlocal Agreement Between Chelan County Page 3 of 10 And the City of East Wenatchee City of East Wenatchee: East Wenatchee City Hall Office of the Mayor 271 9th Street N.E. East Wenatchee, WA 98802 Primary Contact Person: Mayor – Jerrilea Crawford Secondary Contact: Clerk Clerk 509-884-9515 Notices mailed shall be deemed given on the date mailed. The parties shall notify each other in writing of any change of address. 5. DEFINITIONS The parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: (a) Day. One prisoner day shall be each day or portion thereof which a prisoner appears in custody on the jail management system. The count shall be conducted by the jail management system and each participating jurisdiction shall be charged for each prisoner who is detained in the Regional Justice Center on a charge and/or conviction from the participating jurisdiction. If the prisoner has a pending charge and/or conviction from more than one jurisdiction, excluding the Department of Corrections, the cost for that prisoner shall be divided proportionately. (b) Inmate Classifications shall be pursuant to the Chelan County Objective Jail Inmate Classification System which is modeled after the National Institute of Corrections Jail Classification System: (i) “Minimum” classification shall apply to those inmates who present a low risk to staff and the community. (ii) “Medium” classification shall apply to those inmates who present a moderate risk to staff and the community. (iii) “Maximum” classification shall apply to those inmates who present a substantial risk to staff and the community. 6. COMPENSATION (a) Annual Rate for Incarceration. Chelan County agrees to accept and house all of the City’s inmates for annual compensation. This rate includes minimum, medium, and maximum classification inmates. The annual rate for incarceration shall be paid by the City in twelve (12) equal monthly installments due on the fifth (5) day of each month. (b) Rate for 2024. The sum is based upon the actual percentage of bookings and the average daily population for the twelve (12) month period from July 2022 through June 2023 with a base fee plus a daily cost per inmate of $164.18 per day. The parties EXHIBIT A 12-05-2023 City Council Agenda Packet Page 109 of 121 Interlocal Agreement Between Chelan County Page 4 of 10 And the City of East Wenatchee agree that Chelan County will not charge the City a separate booking fee in addition to such annual compensation. The date of booking into the CCRJC of the City’s inmates, no matter how little time of a twenty-four (24) hour day it constitutes, shall count as one day and shall be attributed to the City as a day of custody in Chelan County for purposes of calculating current and future average inmate population. The base fee is calculated on a booking percentage of 11.69%% for the amount of $496,213.81. The usage fee is based on an ADP of 7.82 for the amount of $468,618.97. The annual cost for 2024 will be $964,832.78 with monthly payments calculated at the annual rate divided by twelve (12) months for a monthly rate of $80,402.73. (c) Rate for 2025. Rate is a 5% increase over the 2024 rate as a whole. The annual cost for 2025 will be $1,013,074.42 with monthly payments calculated at the annual rate divided by twelve (12) for a monthly rate of $84,422.87. (d) Rate for 2026. Rate is a 5% increase over the 2025 rate as a whole. The annual cost for 2026 will be $1,063,728.14 with monthly payments calculated at the annual rate divided by twelve (12) for a monthly rate of $88,644.01. 7. RIGHT OF INSPECTION The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in which inmates of the City are confined in order to determine if such jail maintains standards of confinement acceptable to the City and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Chelan County shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 8. FURLOUGHS, PASSES, AND WORK RELEASE Chelan County agrees that no early releases or alternatives to incarceration, including furloughs, passes, electronic home detention or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. 9. INMATE ACCOUNTS Chelan County shall establish and maintain an account for each inmate received from the City and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate’s personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. The Director of the CCRJC shall be accountable to the City for such inmate funds. At either the termination of this Agreement, the inmate’s death, release from incarceration, or return to either the City or indefinite release to the court, the inmate’s money shall be transferred to either the inmate’s account in care of the City, at such time the City shall be accountable to the inmate for said fund, or to the inmate. EXHIBIT A 12-05-2023 City Council Agenda Packet Page 110 of 121 Interlocal Agreement Between Chelan County Page 5 of 10 And the City of East Wenatchee 10. INMATE PROPERTY The City may transfer to Chelan County only limited amounts of personal property of the City’s inmates’ recovered from or surrendered by inmates to the City upon booking. Personal property in excess of one simple “grocery bag” shall at no time be transferred to Chelan County. 11. RESPONSIBILITY FOR OFFENDER’S CUSTODY It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates’ physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall be construed as to require Chelan County to provide services, treatment, facilities or programs to the City’s inmates above, beyond or in addition to that required by applicable law. 12. MEDICAL SERVICES (a) Inmates shall receive such medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the CCRJC. Chelan County shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor medical services provided in the CCRJC, the City shall pay directly or reimburse Chelan County for any and all costs associated with the delivery of any emergency and/or major medical service provided to the City’s inmates. The City shall be responsible for any and all medical, psychiatric and dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical services which may be provided in the CCRJC but which are not routine, and for which the City shall be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment and all prescriptions. No psychiatric or dental treatment can be provided in the CCRJC; all psychiatric and dental treatment of the City’s inmates shall be billed to the City. (b) An adequate record of all such services shall be kept by Chelan County for the City’s review at its request, to the extent consistent with confidentiality regulations. Any medical or dental services of major consequence shall be reported to the City as soon as time permits. (c) Should medical, psychiatric or dental services require hospitalization, the City agrees to compensate Chelan County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified by contacting East Wenatchee Municipal Court Judge prior to the inmate’s transfer to a hospital, if and when circumstances allow, or as soon afterward as practicable. 13. DISCIPLINE EXHIBIT A 12-05-2023 City Council Agenda Packet Page 111 of 121 Interlocal Agreement Between Chelan County Page 6 of 10 And the City of East Wenatchee Chelan County shall have physical control over and power to execute disciplinary authority over all inmates of the City’s. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by applicable law. 14. RECORDS AND REPORTS (a) The City shall forward to Chelan County before or at the time of delivery of each inmate a copy of all inmate records pertaining to the inmate’s present incarceration. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information in a timely manner. (b) Chelan County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an inmate’s confinement in Chelan County, the City shall upon request be entitled to receive and be furnished with copies of any report or records associated with said inmate(s) incarceration. 15. REMOVAL FROM THE JAIL An inmate of the City’s legally confined in Chelan County shall not be removed there from by any person without written authorization from the City or by order of any court having jurisdiction. The City hereby designates East Wenatchee Municipal Court Judge the official authorized to direct Chelan County to remove the City’s inmates from the CCRJC. Chelan County agrees that no early releases or alternatives to incarceration including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, psychiatric, dental treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Chelan County. In the event of any such emergency removal, Chelan County shall inform the City of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such inmate or inmates. 16. ESCAPES In the event any City inmate escapes from Chelan County’s custody, Chelan County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the City. Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Chelan County; however, Chelan County shall not be required to expend unreasonable amounts to pursue and return inmates from other counties, states or countries. 17. DEATH OF AN INMATE (a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified. The City shall receive copies of any records made at or in connection with such notification. (b) Chelan County shall immediately notify the City of the death of a City inmate, furnish information as requested, and follow the instructions of the City with regard to the disposition of the EXHIBIT A 12-05-2023 City Council Agenda Packet Page 112 of 121 Interlocal Agreement Between Chelan County Page 7 of 10 And the City of East Wenatchee body. In the case of an unattended death, suspicious death, or criminal case, the Chelan County Coroner would have authority over the deceased and would coordinate with local law enforcement to finish the investigation prior to the release of the deceased inmate. The City hereby designates East Wenatchee Municipal Court Judge the official authorized to request information from and provide instructions to Chelan County regarding deceased inmates. The body shall not be released except on written order of said appropriate official of the City. Written notice shall be provided within three (3) weekdays of receipt by the City of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City. With the City’s consent, Chelan County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other persons for the disposition of the deceased or for any expenses connected therewith. (c) The City shall receive a certified copy of the death certificate for any of its inmates who have died while in Chelan County’s custody. 18. RETAKING OF INMATES Upon request from Chelan County, the City shall, at its expense, retake any City inmate within thirty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is terminated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility. 19. HOLD HARMLESS AND INDEMNIFICATION Chelan County agrees to hold harmless, indemnify and defend the City, its officers, agents and employees, from and against any and all claims, losses, or liability, for injuries, sickness or death of persons, or damage to property, arising out of any willful misconduct or negligent act, error, or omission of Chelan County, its officers, agents, or employees, in connection with the services required by the Agreement, provided, however, that: (a) Chelan County’s obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence of the City, its officers, agents or employees or sub-consultants; and (b) Chelan County’s obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Chelan County and the City or of Chelan County and a third party other than an officer, agent or employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of Chelan County. 20. RIGHT OF REFUSAL AND TRANSPORTATION (a) Chelan County shall have the right to refuse to accept any inmate from the City when, in the opinion of Chelan County, its inmate census is at capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or exceeded. EXHIBIT A 12-05-2023 City Council Agenda Packet Page 113 of 121 Interlocal Agreement Between Chelan County Page 8 of 10 And the City of East Wenatchee (b) Chelan County shall further have the right to refuse to accept any inmate from the City who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property, or is classified as a maximum security inmate pursuant to Chelan County’s Objective Jail Classification System. The inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be on pre-trial status. (c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be transported to Chelan County and at the expense of Chelan County and shall be returned, if necessary, to the City by Chelan County personnel and at the County’s expense provided that notice of the necessity of transport is received by Chelan County three (3) days prior to the time of expected transport. The City hereby designates East Wenatchee Municipal Court Judge the official authorized to notify Chelan County of the dates for transport and the specific inmates to be transported. 21. INDEPENDENT CONTRACTOR In providing services under this contract, Chelan County is an independent contractor and neither it or its officers, agents or employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. 22. GENERAL PROVISIONS (a) Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable and unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. (b) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Washington, and venue for any lawsuit shall be the Chelan County Superior Court. (c) Attorney’s Fees. In the event it is necessary for either party to utilize the services of an attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to compensation for its reasonable attorney’s fees and costs. In the event of litigation regarding any terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to such reasonable attorney’s fees and costs as determined by the Court. (d) Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of any subsequent breach by such other party. (e) Savings Clause. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail but in such EXHIBIT A 12-05-2023 City Council Agenda Packet Page 114 of 121 Interlocal Agreement Between Chelan County Page 9 of 10 And the City of East Wenatchee event, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements. (f) Filing. This Agreement shall be filed with the Chelan County Auditor’s Office pursuant to RCW 39.34.040. 23. INTERPRETATION This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. 24. ACCESS TO RECORDS CLAUSE The parties hereby agree that authorized representatives of the parties shall have access to any books, documents, paper and record of the other party that are pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. All such records and all other records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be retained by the parties for a period of three (3) years after the final expiration date of this Agreement or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation. In such cases, the parties may expressly agree by an amendment or separate agreement for such longer period for record retention. 25. ENTIRE AGREEMENT This Agreement represents the entire integrated Agreement between the City and Chelan County and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made affective on the day and year first above written. EXHIBIT A 12-05-2023 City Council Agenda Packet Page 115 of 121 Interlocal Agreement Between Chelan County Page 10 of 10 And the City of East Wenatchee CITY OF EAST WENATCHEE, WA BOARD OF CHELAN COUNTY COMMISSIONERS By:______________________________ ______________________________ Tiffany Gering, Chair ______________________________ ATTEST: Kevin Overbay, Commissioner ________________________________ ______________________________ City Clerk Shon Smith, Commissioner DATED:_________________________ ATTEST: Anabel Torres Clerk of the Board ______________________________ DATED:_______________________ Approved as to Form: _________________________________ ______________________________ Chris Sharp, Director Chelan County Regional Justice Center City of ____________________Attorney Approved as to Form: _________________________________ Robert Sealby, Chelan County Prosecutor EXHIBIT A 12-05-2023 City Council Agenda Packet Page 116 of 121 CITY OF EAST WENATCHEE AGENDA BILL To: City Council and Mayor From: Anna Laura Leon, City Clerk Date: Tuesday, December 05, 2023 Subject: Review of Street Banner Application Background: Per the Street Banner Display Policy, applications to display street banners for a given year are required to be submitted to the city prior to November 1 of the preceding year. Following the close of the annual application period, all applications are reviewed and preapproved by the Mayor. Received applications not related to the preapproved subject matters must be reviewed and formally approved by the City Council. One of the submissions does require further review by City Council as it does not exhibit or relate to the preapproved subject matters of: Sister City, Equity/ Diversity, Federal Holidays, or City Sponsored Events. The application in Exhibit A is being presented for your consideration and has been reviewed and preapproved by Mayor Crawford. Recommended Action: Motion to approve the Street Banner Application presented in Exhibit A. 12-05-2023 City Council Agenda Packet Page 117 of 121 EXHIBIT A 12-05-2023 City Council Agenda Packet Page 118 of 121 EXHIBIT A 12-05-2023 City Council Agenda Packet Page 119 of 121 EXHIBIT A 12-05-2023 City Council Agenda Packet Page 120 of 121 NOTE: Production does not begin without your sign-off, of the Art Approval. Email documentation will be required, with your consent to the proceed with production of your order. A delay in returning the Art Approval, may effect the delivery date, and or result in additional charges or costs beyond GO USA's control, to meet your deadline. ART APPROVAL: EXHIBIT A 12-05-2023 City Council Agenda Packet Page 121 of 121