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HomeMy WebLinkAbout08-06-2024 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/84361291567 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.) Page 1 of 2 M EETING AGENDA 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.ROLL CALL 4.COUNCILMEMBER DECLARATION OF CONFLICT OF INTEREST 5.CONSENT ITEMS All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, a Council Member must request that specific item(s) be removed from the Consent Agenda prior to the time Council votes on the motion to adopt the Consent Agenda. a.Vouchers: Date: 08-06-2024 Checks: 60435-60477, 60479-60517, including voided check 60478; in the amount of $1,254,189.30. b.Payroll Certifications: November 2023 Payroll Certification. December 2023 Payroll Certification. c.Minutes: 07-16-2024 Council Meeting Minutes. 07-18-2024 Council Workshop Minutes. Motion by City Council to approve agenda and all consent items. 6.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. 7.PRESENTATIONS a.Wenatchee Valley Chamber of Commerce Annual Presentation. – Steven Wilkinson, Executive Director. b.Purple Heart City Proclamation. – Mayor Crawford. Tuesday, August 06, 2024 6:00 PM Council Chambers pg. 3 pg. 28 pg. 44 pg. 61 pg. 64 pg. 65 08-06-2024 City Council Agenda Packet Page 1 of 115 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.) Page 2 of 2 8.ACTION ITEMS a.Public meeting for consideration of the Fourth and Kentucky Ten Percent (10%) Annexation Petition. – Curtis Lillquist, Community Development Director. Motion by City Council to approve the annexation boundary as proposed in the Notice of Intent to Commence Annexation Proceedings dated July 8, 2024, to require the adoption of the proposed zoning regulations as set forth in Resolution 2023-45 as Residential Low Density and Residential Medium Density, and to require the assumption of existing indebtedness of the city in the area to be annexed. b.Resolution 2024-10, an Amended and Restated Interlocal Agreement governing RiverCom. – Mayor Crawford. c.Resolution 2024-49, Department of Enterprise Services Energy Program Interagency Agreement. –Garren Melton, Public Works Manager. Motion by City Council to approve Resolution 2024-49 authorizing the Mayor to execute an Interagency Agreement between the City of East Wenatchee and the Department of Enterprise Services. 9.MAYOR’S REPORT a.WA-CELI Update. b.National Night Out. c.Douglas Co. Regional Council – Housing Program Application. d.Joint Council Workshop. 10.COUNCIL REPORTS & ANNOUNCEMENTS a.Reports/New Business of Council Committees. 11.ADJOURNMENT pg. 66 pg. 75 pg. 115 08-06-2024 City Council Agenda Packet Page 2 of 115 CHECKS: 60435-60477, 60479-60517 VOIDED CHECKS: 60478 DEPARTMENT/FUND AMOUNT General Fund 001 $160,771.89 Rainy Day Fund 002 $0.00 Street Fund 101 $13,939.64 Community Dev Grants Funds 102 $0.00 Affordable Housing Tax Fund 103 $0.00 Housing & Related Services Fund 104 $242,011.52 Transportation Benefit District Fund 105 $0.00 SWAT Fund 107 $0.00 Library Fund 112 $573.75 Hotel/Motel Tax Fund 113 $5,062.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $2,671.76 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $461,414.07 Capital Improvements Fund 314 $16,935.70 Stormwater Fund 401 $349,865.69 Equipment R&R Fund 501 $148.49 Cafeteria Plan 634 $0.00 Custodial Activities 635 $794.79 Grand Total All Funds $1,254,189.30 CITY OF EAST WENATCHEE CHECK REGISTER August 6th, 2024 Account Payables 08-06-2024 City Council Agenda Packet Page 3 of 115 Fund Number Description Amount 001 General Fund $160,771.89 101 Street Fund $13,939.64 104 Housing & Related Services Fund $242,011.52 112 Library Fund $573.75 113 Hotel/Motel Tax Fund $5,062.00 117 Events Board Fund $2,671.76 301 Street Improvements Fund $461,414.07 314 Capital Improvements Fund $16,935.70 401 Stormwater Fund $349,865.69 501 Equipment Purchase, Repair & Replacement Fund $148.49 635 Custodial Activities Fund $794.79 Count: 11 $1,254,189.30 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2024 - August 2024 - August 2024 1st Council Printed by COEW\DSanchez on 7/31/2024 11:57:37 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 08-06-2024 City Council Agenda Packet Page 4 of 115 Vendor Number Reference Account Number Description Amount 911 Supply Inc 60435 2024 - August 2024 - August 2024 1st Council INV-2-39894 001-000-210-521-10-35-00 Small Tools & Equipment $308.57 Total INV-2-39894 $308.57 INV-2-39904 001-000-210-521-10-35-00 Small Tools & Equipment $587.86 Total INV-2-39904 $587.86 Total 60435 $896.43 Total 911 Supply Inc $896.43 Active Construction 60436 2024 - August 2024 - August 2024 1st Council Invoice - 7/18/2024 8:27:26 AM Pay Estimate 8 301-000-000-595-61-60-04 Construction - SRTS Kenroy $250,667.79 301-000-000-595-61-60-05 Construction - SRTS Sterling $81,748.53 Total Invoice - 7/18/2024 8:27:26 AM $332,416.32 Total 60436 $332,416.32 Total Active Construction $332,416.32 Ag Supply Company - 4953 60437 2024 - August 2024 - August 2024 1st Council Invoice - 7/11/2024 9:07:25 AM 06/2024 4953 pmt 401-000-008-531-00-30-07 Fuel $65.07 Total Invoice - 7/11/2024 9:07:25 AM $65.07 Total 60437 $65.07 Total Ag Supply Company - 4953 $65.07 Voucher Directory Fiscal: : 2024 - August 2024 Council Date: : 2024 - August 2024 - August 2024 1st Council Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 1 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 5 of 115 Vendor Number Reference Account Number Description Amount Alan J. Key dba: CWPI LLC. 60438 2024 - August 2024 - August 2024 1st Council Invoice - 7/11/2024 10:23:47 AM 06/2024 services 001-000-210-521-10-41-00 Professional Services $506.00 Total Invoice - 7/11/2024 10:23:47 AM $506.00 Total 60438 $506.00 Total Alan J. Key dba: CWPI LLC.$506.00 Alignment Pros and Express Lube 60439 2024 - August 2024 - August 2024 1st Council 58246 001-000-210-521-10-48-00 Repairs & Maintenance $87.46 Total 58246 $87.46 Total 60439 $87.46 Total Alignment Pros and Express Lube $87.46 American Building Maintenance CO 60440 2024 - August 2024 - August 2024 1st Council 19240604 001-000-180-518-30-41-01 Contracted Custodial Services $2,750.00 Total 19240604 $2,750.00 Total 60440 $2,750.00 Total American Building Maintenance CO $2,750.00 American Rock Products 60441 2024 - August 2024 - August 2024 1st Council 981360 401-000-012-594-31-60-05 Small Improvements Projects $1,071.77 Total 981360 $1,071.77 981867 401-000-012-594-31-60-05 Small Improvements Projects $1,992.25 Total 981867 $1,992.25 982159 401-000-012-594-31-60-05 Small Improvements Projects $801.50 Total 982159 $801.50 Total 60441 $3,865.52 Total American Rock Products $3,865.52 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 2 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 6 of 115 Vendor Number Reference Account Number Description Amount Axon Enterprises, Inc. 60442 2024 - August 2024 - August 2024 1st Council INUS265351 001-000-210-521-10-35-00 Small Tools & Equipment $1,170.72 Total INUS265351 $1,170.72 Total 60442 $1,170.72 Total Axon Enterprises, Inc.$1,170.72 Ben Fauconnier 60443 2024 - August 2024 - August 2024 1st Council 8/11/24-8/15/24 Meal Advancement 001-000-210-521-10-43-00 Travel $310.50 Total 8/11/24-8/15/24 $310.50 Total 60443 $310.50 Total Ben Fauconnier $310.50 Ber Mac Towing 60444 2024 - August 2024 - August 2024 1st Council 0104 06/13/24 towing 001-000-210-521-10-41-00 Professional Services $600.00 Total 0104 $600.00 Total 60444 $600.00 Total Ber Mac Towing $600.00 Charter Communications 60445 2024 - August 2024 - August 2024 1st Council 24-268285 268285 001-000-210-521-10-35-00 Small Tools & Equipment $50.00 Total 24-268285 $50.00 Total 60445 $50.00 Total Charter Communications $50.00 Chelan County Treasurer 60446 2024 - August 2024 - August 2024 1st Council Invoice - 7/12/2024 1:29:47 PM Q2 2024 liquor profits 001-000-001-564-00-40-00 Comm Mental Health (2% Liquor)$1,048.83 Total Invoice - 7/12/2024 1:29:47 PM $1,048.83 Total 60446 $1,048.83 Total Chelan County Treasurer $1,048.83 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 3 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 7 of 115 Vendor Number Reference Account Number Description Amount Chelan County Treasurer 60447 2024 - August 2024 - August 2024 1st Council 010085-02395 Qrt 2 2024: pre court beds 001-000-230-523-21-10-00 Housing & Monitoring Prisoners $3,600.00 Total 010085-02395 $3,600.00 150001-02055 001-000-230-523-60-20-00 Medical Care - Prisoners $120.25 Total 150001-02055 $120.25 150001-02056 001-000-230-523-60-20-00 Medical Care - Prisoners $133.21 Total 150001-02056 $133.21 150001-02057 001-000-230-523-60-20-00 Medical Care - Prisoners $102.70 Total 150001-02057 $102.70 150001-02068 001-000-230-523-21-10-00 Housing & Monitoring Prisoners $80,402.73 Total 150001-02068 $80,402.73 Total 60447 $84,358.89 Total Chelan County Treasurer $84,358.89 CIAW Clear Risk Solutions 60448 2024 - August 2024 - August 2024 1st Council 2024-34531-0901 401-000-001-531-00-40-02 Insurance $2,282.47 Total 2024-34531-0901 $2,282.47 INV-00810 001-000-210-521-10-46-00 Insurance $1,000.00 Total INV-00810 $1,000.00 Total 60448 $3,282.47 Total CIAW Clear Risk Solutions $3,282.47 Cintas Corporation 607 60449 2024 - August 2024 - August 2024 1st Council 4197709844 001-000-180-518-30-47-00 Utilities $153.36 112-000-000-572-50-47-00 Facilities - Utilities $153.36 Total 4197709844 $306.72 4198352228 101-000-430-543-30-30-00 Supplies - General Services $76.36 Total 4198352228 $76.36 4199061079 101-000-430-543-30-30-00 Supplies - General Services $76.36 Total 4199061079 $76.36 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 4 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 8 of 115 Vendor Number Reference Account Number Description Amount 4199061172 001-000-210-521-10-48-00 Repairs & Maintenance $172.50 Total 4199061172 $172.50 4199771497 101-000-430-543-30-30-00 Supplies - General Services $76.36 Total 4199771497 $76.36 Total 60449 $708.30 Total Cintas Corporation 607 $708.30 City of Wenatchee 60450 2024 - August 2024 - August 2024 1st Council Invoice - 7/18/2024 1:44:36 PM CRHTF 01/24-05/24 104-000-000-551-00-40-00 Transfer to City of Wenatchee - CRHTF $242,011.52 Total Invoice - 7/18/2024 1:44:36 PM $242,011.52 Total 60450 $242,011.52 Total City of Wenatchee $242,011.52 Compunet, Inc 60451 2024 - August 2024 - August 2024 1st Council 261298 001-000-145-514-20-30-01 Non-Capital - PC Software Admin $62.49 Total 261298 $62.49 261687 001-000-145-514-20-30-01 Non-Capital - PC Software Admin $2,346.32 Total 261687 $2,346.32 Total 60451 $2,408.81 Total Compunet, Inc $2,408.81 Consolidated Electrical Distributors Inc 60452 2024 - August 2024 - August 2024 1st Council 9360-1083812 101-000-430-543-50-30-00 Supplies - Facilities $52.79 Total 9360-1083812 $52.79 Total 60452 $52.79 Total Consolidated Electrical Distributors Inc $52.79 Consolidated Supply Co. 60453 2024 - August 2024 - August 2024 1st Council S011993887.001 401-000-012-594-31-60-05 Small Improvements Projects $248.50 Total S011993887.001 $248.50 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 5 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 9 of 115 Vendor Number Reference Account Number Description Amount S011993887.002 401-000-012-594-31-60-05 Small Improvements Projects $609.83 Total S011993887.002 $609.83 Total 60453 $858.33 Total Consolidated Supply Co.$858.33 Copiers Northwest 60454 2024 - August 2024 - August 2024 1st Council INV2854913 001-000-140-514-20-31-01 Central Stores $539.09 Total INV2854913 $539.09 Total 60454 $539.09 Total Copiers Northwest $539.09 Daily Journal of Commerce 60455 2024 - August 2024 - August 2024 1st Council 3400857 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $333.50 Total 3400857 $333.50 Total 60455 $333.50 Total Daily Journal of Commerce $333.50 Douglas County Auditor-Recording 60456 2024 - August 2024 - August 2024 1st Council 120170 001-000-110-511-60-41-00 Professional Services $307.50 Total 120170 $307.50 Total 60456 $307.50 Total Douglas County Auditor-Recording $307.50 Douglas County PUD 60457 2024 - August 2024 - August 2024 1st Council 631 06/07/24-07/05/24 101-000-420-542-63-47-00 Utilities - Street Lighting $51.00 Total 631 06/07/24-07/05/24 $51.00 69 06/10/24-07/10/24 001-000-180-518-30-47-00 Utilities $368.00 101-000-420-542-63-47-00 Utilities - Street Lighting $226.00 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $90.00 101-000-420-542-75-47-00 Utilities - City Parks $46.00 101-000-430-543-50-47-00 Utilities - Facilities $213.00 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 6 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 10 of 115 Vendor Number Reference Account Number Description Amount 112-000-000-572-50-47-00 Facilities - Utilities $300.00 Total 69 06/10/24-07/10/24 $1,243.00 Total 60457 $1,294.00 Total Douglas County PUD $1,294.00 Douglas County Sewer District 60458 2024 - August 2024 - August 2024 1st Council Invoice - 7/17/2024 12:14:12 PM 006195-000 001-000-180-518-30-47-00 Utilities $29.17 112-000-000-572-50-47-00 Facilities - Utilities $29.17 Total Invoice - 7/17/2024 12:14:12 PM $58.34 Invoice - 7/17/2024 12:14:39 PM 021646-000 001-000-180-518-30-47-01 Utilities - Simon St.$58.33 Total Invoice - 7/17/2024 12:14:39 PM $58.33 Invoice - 7/23/2024 12:01:57 PM 020956-000 001-000-180-518-30-47-01 Utilities - Simon St.$303.92 Total Invoice - 7/23/2024 12:01:57 PM $303.92 Total 60458 $420.59 Total Douglas County Sewer District $420.59 Douglas County Treasurer 60459 2024 - August 2024 - August 2024 1st Council Invoice - 7/12/2024 1:34:08 PM Q2 2024 victim witness 635-000-000-589-30-00-01 Crime Victim Assessment - Douglas Co. Remittance $632.79 Total Invoice - 7/12/2024 1:34:08 PM $632.79 Total 60459 $632.79 Total Douglas County Treasurer $632.79 Douglas County Treasurer - Armada 60460 2024 - August 2024 - August 2024 1st Council Invoice - 7/25/2024 9:39:56 AM 2024-10 armada 401-000-001-582-30-00-00 Non-Fiduciary Remittance $45.00 Total Invoice - 7/25/2024 9:39:56 AM $45.00 Total 60460 $45.00 Total Douglas County Treasurer - Armada $45.00 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 7 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 11 of 115 Vendor Number Reference Account Number Description Amount East Wenatchee Water Disttrict 60461 2024 - August 2024 - August 2024 1st Council Invoice - 7/23/2024 12:02:39 PM 039100-000 101-000-420-542-75-47-00 Utilities - City Parks $66.33 Total Invoice - 7/23/2024 12:02:39 PM $66.33 Invoice - 7/23/2024 12:02:59 PM 039099-000 101-000-420-542-75-47-00 Utilities - City Parks $177.78 Total Invoice - 7/23/2024 12:02:59 PM $177.78 Invoice - 7/23/2024 12:03:20 PM 000520-000 101-000-420-542-75-47-00 Utilities - City Parks $296.55 Total Invoice - 7/23/2024 12:03:20 PM $296.55 Invoice - 7/23/2024 12:03:53 PM 013966-000 101-000-420-542-75-47-00 Utilities - City Parks $307.78 Total Invoice - 7/23/2024 12:03:53 PM $307.78 Invoice - 7/23/2024 12:04:20 PM 000526-000 001-000-180-518-30-47-00 Utilities $45.61 112-000-000-572-50-47-00 Facilities - Utilities $91.22 Total Invoice - 7/23/2024 12:04:20 PM $136.83 Invoice - 7/23/2024 12:05:01 PM 000524-000 101-000-430-543-50-47-00 Utilities - Facilities $61.11 Total Invoice - 7/23/2024 12:05:01 PM $61.11 Invoice - 7/23/2024 12:05:29 PM 000520-001 101-000-420-542-75-47-00 Utilities - City Parks $53.33 Total Invoice - 7/23/2024 12:05:29 PM $53.33 Invoice - 7/23/2024 12:05:58 PM 022920-000 001-000-180-518-30-47-00 Utilities $47.78 Total Invoice - 7/23/2024 12:05:58 PM $47.78 Invoice - 7/23/2024 12:06:25 PM 036440-000 001-000-180-518-30-47-01 Utilities - Simon St.$608.33 Total Invoice - 7/23/2024 12:06:25 PM $608.33 Invoice - 7/23/2024 12:07:12 PM 030941-000 101-000-420-542-75-47-00 Utilities - City Parks $122.89 Total Invoice - 7/23/2024 12:07:12 PM $122.89 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 8 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 12 of 115 Vendor Number Reference Account Number Description Amount Invoice - 7/23/2024 12:07:35 PM 032745-000 401-000-008-531-00-40-06 Utilities $339.40 Total Invoice - 7/23/2024 12:07:35 PM $339.40 Invoice - 7/23/2024 12:08:07 PM 030620-000 101-000-420-542-75-47-00 Utilities - City Parks $47.78 Total Invoice - 7/23/2024 12:08:07 PM $47.78 Invoice - 7/23/2024 12:08:35 PM 000525-000 001-000-180-518-30-47-00 Utilities $79.55 Total Invoice - 7/23/2024 12:08:35 PM $79.55 Total 60461 $2,345.44 Total East Wenatchee Water Disttrict $2,345.44 Eastmont Metropolitan Park District 60462 2024 - August 2024 - August 2024 1st Council 0023917 Baseball Fields 117-000-300-557-30-43-12 CC - EMPD Facility Fee $1,000.00 Total 0023917 $1,000.00 Total 60462 $1,000.00 Total Eastmont Metropolitan Park District $1,000.00 Erika Rodriguez 60463 2024 - August 2024 - August 2024 1st Council Invoice - 7/18/2024 10:05:42 AM 07/15 & 07/17/24 001-000-120-512-51-40-04 Interpreting $240.00 Total Invoice - 7/18/2024 10:05:42 AM $240.00 Total 60463 $240.00 Total Erika Rodriguez $240.00 Evergreen ITS 60464 2024 - August 2024 - August 2024 1st Council 1131 301-000-000-595-30-60-12 Construction - TIB 3rd/RI Road Signal $2,104.67 Total 1131 $2,104.67 Total 60464 $2,104.67 Total Evergreen ITS $2,104.67 Fastenal Company 60465 2024 - August 2024 - August 2024 1st Council WAWEN275983 401-000-008-531-00-30-05 Supplies - NPDES PPGH $47.11 Total WAWEN275983 $47.11 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 9 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 13 of 115 Vendor Number Reference Account Number Description Amount WAWEN276733 001-000-210-521-10-35-00 Small Tools & Equipment $112.76 Total WAWEN276733 $112.76 Total 60465 $159.87 Total Fastenal Company $159.87 Ferguson Enterprises 60466 2024 - August 2024 - August 2024 1st Council 2781373 001-000-180-518-30-35-00 Small Tools & Equipment $292.87 Total 2781373 $292.87 Total 60466 $292.87 Total Ferguson Enterprises $292.87 FileOnQ 60467 2024 - August 2024 - August 2024 1st Council 12132 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $571.27 Total 12132 $571.27 Total 60467 $571.27 Total FileOnQ $571.27 First Net 60468 2024 - August 2024 - August 2024 1st Council 287293799226X07132024 001-000-210-521-10-42-01 Telephone $2,078.16 Total 287293799226X07132024 $2,078.16 Total 60468 $2,078.16 Total First Net $2,078.16 FSi Engineers 60469 2024 - August 2024 - August 2024 1st Council 21157 314-000-000-594-48-60-00 General Capital Expenditures $6,240.50 Total 21157 $6,240.50 Total 60469 $6,240.50 Total FSi Engineers $6,240.50 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 10 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 14 of 115 Vendor Number Reference Account Number Description Amount Gary Anderson DBA Dynamic Tents 60470 2024 - August 2024 - August 2024 1st Council Invoice - 7/15/2024 2:00:17 PM Festival of Flight services 117-000-620-557-30-30-01 PFOF Supplies & Equipment $1,057.88 Total Invoice - 7/15/2024 2:00:17 PM $1,057.88 Total 60470 $1,057.88 Total Gary Anderson DBA Dynamic Tents $1,057.88 Grant County Sheriff's Office 60471 2024 - August 2024 - August 2024 1st Council 3443 001-000-210-521-10-35-00 Small Tools & Equipment $952.68 Total 3443 $952.68 Total 60471 $952.68 Total Grant County Sheriff's Office $952.68 H2 Pre-Cast, Inc 60472 2024 - August 2024 - August 2024 1st Council 174066 401-000-012-594-31-60-05 Small Improvements Projects $758.80 Total 174066 $758.80 174104 401-000-012-594-31-60-05 Small Improvements Projects $352.30 Total 174104 $352.30 Total 60472 $1,111.10 Total H2 Pre-Cast, Inc $1,111.10 Haglund's Trophies 60473 2024 - August 2024 - August 2024 1st Council 75916 001-000-210-521-10-35-00 Small Tools & Equipment $12.02 Total 75916 $12.02 Total 60473 $12.02 Total Haglund's Trophies $12.02 HD Fowler Co 60474 2024 - August 2024 - August 2024 1st Council I6754338 401-000-012-594-31-60-05 Small Improvements Projects $1,101.48 Total I6754338 $1,101.48 Total 60474 $1,101.48 Total HD Fowler Co $1,101.48 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 11 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 15 of 115 Vendor Number Reference Account Number Description Amount Heier's Body & Repair Shop LLC 60475 2024 - August 2024 - August 2024 1st Council 6664 Towing Services 001-000-210-521-10-41-00 Professional Services $249.57 Total 6664 $249.57 Total 60475 $249.57 Total Heier's Body & Repair Shop LLC $249.57 Ivy Jurgensen 60476 2024 - August 2024 - August 2024 1st Council Invoice - 7/25/2024 9:00:50 AM 2024 NASRO Training Reimbursement 001-000-210-521-10-43-00 Travel $863.77 Total Invoice - 7/25/2024 9:00:50 AM $863.77 Total 60476 $863.77 Total Ivy Jurgensen $863.77 Jesus Shockley 60477 2024 - August 2024 - August 2024 1st Council Invoice - 7/30/2024 1:27:14 PM Work Glasses Reimbursement 101-000-430-543-30-49-00 Miscellaneous - General Services $300.00 Total Invoice - 7/30/2024 1:27:14 PM $300.00 Total 60477 $300.00 Total Jesus Shockley $300.00 Jordan Conley 60478 2024 - August 2024 - August 2024 1st Council 9/1/24-9/5/24 Meal Advancement Total 9/1/24-9/5/24 Total 60478 60517 2024 - August 2024 - August 2024 1st Council 9/1/24-9/5/24 Meal Advancement 001-000-210-521-23-01-00 K-9 Expenses $333.00 Total 9/1/24-9/5/24 $333.00 8/11/24-8/15/24 Meal Advancement 001-000-210-521-23-01-00 K-9 Expenses $333.00 Total 8/11/24-8/15/24 $333.00 8/18/24-8/22/24 Meal Advancement 001-000-210-521-23-01-00 K-9 Expenses $333.00 Total 8/18/24-8/22/24 $333.00 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 12 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 16 of 115 Vendor Number Reference Account Number Description Amount 8/4/24-8/8/24 Meal Advancement 001-000-210-521-23-01-00 K-9 Expenses $333.00 Total 8/4/24-8/8/24 $333.00 9/7/24-9/11/24 Meal Advancement 001-000-210-521-23-01-00 K-9 Expenses $333.00 Total 9/7/24-9/11/24 $333.00 Total 60517 $1,665.00 Total Jordan Conley $1,665.00 Justin Titus 60479 2024 - August 2024 - August 2024 1st Council Invoice - 7/11/2024 10:53:23 AM 06/26, 07/03, 07/10/24 services 001-000-120-512-51-40-05 Judge Protems $450.00 Total Invoice - 7/11/2024 10:53:23 AM $450.00 Invoice - 7/31/2024 11:15:19 AM 07/24 - conflict cases 001-000-120-512-51-40-05 Judge Protems $150.00 Total Invoice - 7/31/2024 11:15:19 AM $150.00 Total 60479 $600.00 Total Justin Titus $600.00 Kelley Connect 60480 2024 - August 2024 - August 2024 1st Council 36978765 001-000-210-521-10-31-05 Office Machine Costs $150.77 001-000-210-591-21-70-00 Copy Machine Lease $215.20 Total 36978765 $365.97 37024288 001-000-120-591-12-70-00 Copy Machine Lease $196.90 Total 37024288 $196.90 Total 60480 $562.87 Total Kelley Connect $562.87 Kottkamp, Yedinak, & Esworthy PLLC 60481 2024 - August 2024 - August 2024 1st Council Invoice - 7/12/2024 1:34:47 PM 08/2024 services 001-000-110-511-60-21-50 Public Defender $7,342.03 Total Invoice - 7/12/2024 1:34:47 PM $7,342.03 Total 60481 $7,342.03 Total Kottkamp, Yedinak, & Esworthy PLLC $7,342.03 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 13 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 17 of 115 Vendor Number Reference Account Number Description Amount KPG, P.S. 60482 2024 - August 2024 - August 2024 1st Council 210900 301-000-000-595-30-40-35 5th St NE Pedestrian Facilities - SRTS $6,937.44 Total 210900 $6,937.44 Total 60482 $6,937.44 Total KPG, P.S.$6,937.44 Kris Lahd 60483 2024 - August 2024 - August 2024 1st Council Invoice - 7/15/2024 2:00:59 PM Sound Services: Festival of Flgiht 117-000-620-557-30-30-00 PFOF Marketing Materials $500.00 Total Invoice - 7/15/2024 2:00:59 PM $500.00 Total 60483 $500.00 Total Kris Lahd $500.00 Localtel Communications 60484 2024 - August 2024 - August 2024 1st Council Invoice - 7/12/2024 1:35:14 PM 001-000-180-518-30-47-00 Utilities $433.28 Total Invoice - 7/12/2024 1:35:14 PM $433.28 Total 60484 $433.28 Total Localtel Communications $433.28 Makena Albert 60485 2024 - August 2024 - August 2024 1st Council Invoice - 7/30/2024 7:26:44 AM 2024 Boot Allowance Reimbursement 101-000-430-543-30-30-00 Supplies - General Services $124.62 Total Invoice - 7/30/2024 7:26:44 AM $124.62 Total 60485 $124.62 Total Makena Albert $124.62 Miguel Valdez 60486 2024 - August 2024 - August 2024 1st Council Invoice - 7/23/2024 12:12:03 PM 2024 Clothing Allowance Reimbursement 001-000-210-521-10-20-01 Clothing Allowance $204.09 Total Invoice - 7/23/2024 12:12:03 PM $204.09 Total 60486 $204.09 Total Miguel Valdez $204.09 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 14 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 18 of 115 Vendor Number Reference Account Number Description Amount Moon Security 60487 2024 - August 2024 - August 2024 1st Council 1250631 001-000-210-521-10-41-00 Professional Services $47.78 Total 1250631 $47.78 1251546 001-000-210-521-10-41-00 Professional Services $83.94 Total 1251546 $83.94 Total 60487 $131.72 Total Moon Security $131.72 Motorola Solutions 60488 2024 - August 2024 - August 2024 1st Council 8281907853 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $2,820.26 Total 8281907853 $2,820.26 Total 60488 $2,820.26 Total Motorola Solutions $2,820.26 North Cascades Heating & Air Conditioning, Inc 60489 2024 - August 2024 - August 2024 1st Council 34410 001-000-180-518-30-48-01 Repairs & Maintenance - Simon St.$2,647.13 Total 34410 $2,647.13 Total 60489 $2,647.13 Total North Cascades Heating & Air Conditioning, Inc $2,647.13 One Call Concepts, Inc 60490 2024 - August 2024 - August 2024 1st Council 4069077 401-000-008-531-00-40-06 Utilities $64.35 Total 4069077 $64.35 Total 60490 $64.35 Total One Call Concepts, Inc $64.35 O'Reilly 60491 2024 - August 2024 - August 2024 1st Council 2521-453947 501-000-000-548-30-30-25 Street Vehicle Repair Supplies $5.21 Total 2521-453947 $5.21 2521-458374 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $15.76 Total 2521-458374 $15.76 2521-458591 001-000-210-521-10-48-00 Repairs & Maintenance $840.59 Total 2521-458591 $840.59 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 15 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 19 of 115 Vendor Number Reference Account Number Description Amount 2521-460261 501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $54.21 Total 2521-460261 $54.21 Total 60491 $915.77 Total O'Reilly $915.77 Pat Armstrong Ford Inc. 60492 2024 - August 2024 - August 2024 1st Council Invoice - 7/18/2024 10:07:39 AM 07/17/24 001-000-120-512-51-40-05 Judge Protems $150.00 Total Invoice - 7/18/2024 10:07:39 AM $150.00 Total 60492 $150.00 Total Pat Armstrong Ford Inc.$150.00 Pomp's Tire Service 60493 2024 - August 2024 - August 2024 1st Council 1940007157 001-000-210-521-10-48-00 Repairs & Maintenance $840.80 Total 1940007157 $840.80 Total 60493 $840.80 Total Pomp's Tire Service $840.80 PowerDMS Inc 60494 2024 - August 2024 - August 2024 1st Council INV-54287 9/01/24-08/31/25 sub 001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $2,988.35 Total INV-54287 $2,988.35 Total 60494 $2,988.35 Total PowerDMS Inc $2,988.35 Public Safety Testing 60495 2024 - August 2024 - August 2024 1st Council 2024-566 001-000-210-521-10-41-00 Professional Services $461.00 Total 2024-566 $461.00 Total 60495 $461.00 Total Public Safety Testing $461.00 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 16 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 20 of 115 Vendor Number Reference Account Number Description Amount Rh2 Engineering, Inc. 60496 2024 - August 2024 - August 2024 1st Council 96861 401-000-016-594-31-60-00 Design - Pace Pond Ecology Grant $5,130.75 Total 96861 $5,130.75 96906 301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $69,049.89 Total 96906 $69,049.89 96907 314-000-000-594-21-60-01 Simon St. Improvements $10,695.20 Total 96907 $10,695.20 96908 301-000-000-595-61-60-02 TIB Complete Streets - 3rd St. Sidewalk $18,617.46 Total 96908 $18,617.46 96910 301-000-000-595-10-60-01 NHFP Grant Road Overlay - VMP to Grover $4,889.17 Total 96910 $4,889.17 96969 301-000-000-595-10-60-01 NHFP Grant Road Overlay - VMP to Grover $17,301.48 Total 96969 $17,301.48 97099 301-000-000-595-30-60-13 TIB APP Overlay - RI Road $8,000.00 Total 97099 $8,000.00 Total 60496 $133,683.95 Total Rh2 Engineering, Inc.$133,683.95 Ridgeline Graphics Inc 60497 2024 - August 2024 - August 2024 1st Council 29440 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $73.31 Total 29440 $73.31 Total 60497 $73.31 Total Ridgeline Graphics Inc $73.31 Rowe's Tractor 60498 2024 - August 2024 - August 2024 1st Council Invoice - 7/24/2024 12:03:32 PM 07/15/24-07/22/24 excavators 401-000-012-594-31-60-05 Small Improvements Projects $944.82 Total Invoice - 7/24/2024 12:03:32 PM $944.82 Total 60498 $944.82 Total Rowe's Tractor $944.82 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 17 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 21 of 115 Vendor Number Reference Account Number Description Amount SealMaster Portland 60499 2024 - August 2024 - August 2024 1st Council 50696 101-000-420-542-30-30-00 Supplies - Roadway $7,602.00 Total 50696 $7,602.00 Total 60499 $7,602.00 Total SealMaster Portland $7,602.00 Sedgwick Claims Management Services, Inc 60500 2024 - August 2024 - August 2024 1st Council 430005339208 07/01/24-09/30/24 001-000-110-511-60-46-00 Insurance $44.13 001-000-111-513-10-40-05 Insurance $44.13 001-000-120-512-51-40-02 Insurance $73.55 001-000-139-518-10-40-04 Insurance $14.71 001-000-140-514-20-46-00 Insurance $36.78 001-000-142-514-20-46-00 Insurance $58.84 001-000-145-514-20-45-00 Insurance $14.71 001-000-151-515-31-46-00 Insurance $73.55 001-000-160-521-10-46-00 Insurance $29.42 001-000-180-518-30-46-00 Insurance $257.44 001-000-210-521-10-46-00 Insurance $308.95 001-000-315-542-10-46-00 Insurance $58.84 001-000-580-558-60-46-00 Insurance $58.84 001-000-590-558-50-46-00 Insurance $51.49 101-000-430-543-30-46-00 Insurance $250.09 117-000-105-557-30-40-00 Insurance $51.49 401-000-001-531-00-40-02 Insurance $44.13 Total 430005339208 $1,471.09 Total 60500 $1,471.09 Total Sedgwick Claims Management Services, Inc $1,471.09 Smith Excavation Inc. 60501 2024 - August 2024 - August 2024 1st Council 9539 Pay 1 401-000-016-594-31-60-01 Construction - Pace Pond Ecology Grant $333,828.11 Total 9539 $333,828.11 Total 60501 $333,828.11 Total Smith Excavation Inc.$333,828.11 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 18 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 22 of 115 Vendor Number Reference Account Number Description Amount Tacoma Screw Products, Inc. 60502 2024 - August 2024 - August 2024 1st Council 280109479-00 401-000-012-594-31-60-05 Small Improvements Projects $33.27 Total 280109479-00 $33.27 Total 60502 $33.27 Total Tacoma Screw Products, Inc.$33.27 The Establishment LLC DBA NuClear Building Maintenance 60503 2024 - August 2024 - August 2024 1st Council 39482 07/26/24 window cleaning 001-000-180-518-30-41-00 Professional Services $825.87 Total 39482 $825.87 Total 60503 $825.87 Total The Establishment LLC DBA NuClear Building Maintenance $825.87 The Print Guys Inc. 60504 2024 - August 2024 - August 2024 1st Council 270363 001-000-590-558-50-31-00 Office Supplies $12,686.00 Total 270363 $12,686.00 Total 60504 $12,686.00 Total The Print Guys Inc.$12,686.00 Tony Ditommaso PS 60505 2024 - August 2024 - August 2024 1st Council Invoice - 7/12/2024 1:30:39 PM 08/2024 services 001-000-110-511-60-21-50 Public Defender $7,342.03 Total Invoice - 7/12/2024 1:30:39 PM $7,342.03 Total 60505 $7,342.03 Total Tony Ditommaso PS $7,342.03 Upper Columbia Irrigation 60506 2024 - August 2024 - August 2024 1st Council 95175-95485 301-000-000-595-61-60-04 Construction - SRTS Kenroy $1,764.14 Total 95175-95485 $1,764.14 Total 60506 $1,764.14 Total Upper Columbia Irrigation $1,764.14 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 19 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 23 of 115 Vendor Number Reference Account Number Description Amount UPS 60507 2024 - August 2024 - August 2024 1st Council 0000E4975C274 001-000-210-521-10-42-03 Postage $44.57 Total 0000E4975C274 $44.57 0000E4975C284 001-000-211-521-10-42-03 Postage $42.23 Total 0000E4975C284 $42.23 0000W4975C294 001-000-210-521-10-42-03 Postage $94.15 Total 0000W4975C294 $94.15 Total 60507 $180.95 Total UPS $180.95 Valley Tractor And 60508 2024 - August 2024 - August 2024 1st Council C952077 101-000-420-542-75-30-00 Supplies - City Parks $206.87 Total C952077 $206.87 C952254 101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $27.08 Total C952254 $27.08 Total 60508 $233.95 Total Valley Tractor And $233.95 Verizon Wireless 60509 2024 - August 2024 - August 2024 1st Council 9968175977 001-000-111-513-10-40-03 Cell Phone $42.22 001-000-140-514-20-42-01 Telephone $52.39 001-000-145-514-20-42-00 Cell Phone $62.39 001-000-151-515-31-42-01 Cell Phone $52.39 101-000-430-543-50-42-01 Cell Phone $40.01 101-000-430-543-50-42-01 Cell Phone $52.39 101-000-430-543-50-42-01 Cell Phone $52.39 101-000-430-543-50-42-01 Cell Phone $52.39 117-000-100-557-30-42-00 Cell Phone $62.39 401-000-001-531-00-40-00 Cell Phone $52.39 401-000-001-531-00-40-00 Cell Phone $52.39 Total 9968175977 $573.74 Total 60509 $573.74 Total Verizon Wireless $573.74 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 20 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 24 of 115 Vendor Number Reference Account Number Description Amount Washington State Department of Licensing 60510 2024 - August 2024 - August 2024 1st Council Invoice - 7/31/2024 8:31:48 AM CPL's 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003492 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003494 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003490 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003495 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003487 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003493 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003491 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003488 635-000-000-589-30-00-03 Gun Permit State Remittance $18.00 EWP003489 Total Invoice - 7/31/2024 8:31:48 AM $162.00 Total 60510 $162.00 Total Washington State Department of Licensing $162.00 Washington State Department of Transportation 60511 2024 - August 2024 - August 2024 1st Council RE 42 JB2234 L221 101-000-420-542-63-47-00 Utilities - Street Lighting $3,123.40 Total RE 42 JB2234 L221 $3,123.40 Total 60511 $3,123.40 Total Washington State Department of Transportation $3,123.40 Waxie Sanitary Supply 60512 2024 - August 2024 - August 2024 1st Council 82600523 001-000-180-518-30-31-07 Cleaning Supplies - Simon St.$228.93 Total 82600523 $228.93 Total 60512 $228.93 Total Waxie Sanitary Supply $228.93 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 21 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 25 of 115 Vendor Number Reference Account Number Description Amount Wenatchee Valley Humane Society 60513 2024 - August 2024 - August 2024 1st Council Invoice - 7/12/2024 1:36:20 PM 08/2024 services 001-000-001-539-30-40-00 Animal Control $7,623.71 Total Invoice - 7/12/2024 1:36:20 PM $7,623.71 Total 60513 $7,623.71 Total Wenatchee Valley Humane Society $7,623.71 Wenatchee Valley Museum & Cultural Center 60514 2024 - August 2024 - August 2024 1st Council Invoice - 7/12/2024 1:36:47 PM 08/2024 services 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 - 7/12/2024 1:36:47 PM $10,124.00 Total 60514 $10,124.00 Total Wenatchee Valley Museum & Cultural Center $10,124.00 Woods, Brangwin, & Bratton, PLLC 60515 2024 - August 2024 - August 2024 1st Council Invoice - 7/15/2024 8:37:01 AM 06/2024 services 001-000-110-511-60-30-00 Public Defender Conflicts $324.00 Total Invoice - 7/15/2024 8:37:01 AM $324.00 Total 60515 $324.00 Total Woods, Brangwin, & Bratton, PLLC $324.00 Ziply Fiber 60516 2024 - August 2024 - August 2024 1st Council Invoice - 7/17/2024 12:22:00 PM 509-884-5236-041394-5 101-000-420-542-64-47-00 Utilities - Traffic Control Devices $66.98 Total Invoice - 7/17/2024 12:22:00 PM $66.98 Invoice - 7/23/2024 12:15:34 PM 509-884-1524-100703-5 001-000-180-518-30-47-01 Utilities - Simon St.$123.03 Total Invoice - 7/23/2024 12:15:34 PM $123.03 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 22 of 23 East Wenatchee - Voucher Directory 08-06-2024 City Council Agenda Packet Page 26 of 115 Vendor Number Reference Account Number Description Amount Invoice - 7/29/2024 10:25:40 AM 509-884-4027-121506-5 001-000-180-518-30-47-01 Utilities - Simon St.$79.60 Total Invoice - 7/29/2024 10:25:40 AM $79.60 Total 60516 $269.61 Total Ziply Fiber $269.61 Grand Total Vendor Count 82 $1,254,189.30 Printed by COEW\DSanchez on 7/31/2024 11:54:33 AM Page 23 of 23 East Wenatchee - 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CALL TO ORDER Mayor Crawford called the East Wenatchee City Council meeting to order at 6:01 p.m. 2. PLEDGE OF ALLEGIANCE Councilmember Johnson led the Pledge of Allegiance. 3. ROLL CALL Present: Councilmember Botello, Councilmember Arnold, Councilmember Johnson, Councilmember Tidd, Councilmember Stockton (Zoom), and Councilmember Magdoff (Zoom). Motion by Councilmember Tidd to excuse Councilmember Hepner from the meeting. Councilmember Botello seconded the motion. Motion passed unanimously. 4. COUNCILMEMBER DECLARATION OF CONFLICT OF INTEREST No Councilmembers declared a conflict of interest with any of the agenda items. 5. CONSENT AGENDA a. Regional Sports Complex Feasibility Interlocal Agreement. b. Approval of Voucher Report, Checks: 60364, 60367-60434, in the amount of $1,343,644.76. c. September 2023 Payroll Certification d. October 2023 Payroll Certification e. Approval of Minutes of the June 20, 2024, City Council Workshop Minutes. f. Approval of Minutes of the July 02, 2024, City Council Meeting Minutes. Motion by Councilmember Botello to approve the consent items as presented. Councilmember Johnson seconded the motion. Motion passed unanimously. 6. CITIZEN COMMENTS • Kris Cameron, Wenatchee. • Lee Ally, Wenatchee. Public Comment was also submitted via email and mail by: Please see Attachment A. 7. ACTION ITEMS a. Mayor Crawford presented Ordinance 2024-03, amending Title 6 of the East Wenatchee Municipal Code to restrict the use and possession of exotic and wild animals. Comments by Councilmember Johnson and Councilmember Magdoff. 08-06-2024 City Council Agenda Packet Page 61 of 115 Motion by Councilmember Botello to approve Ordinance 2024-03 amending Title 6 of the East Wenatchee Municipal Code to restrict the use and possession of exotic and wild animals as presented in Exhibit A. Councilmember Magdoff seconded the motion. Motion passed (4 in favor, 2 Opposed, 0 Abstentions). b. Public Works Manager Garren Melton presented Resolution 2024-42, an Interlocal Agreement with Link Transit associated with the 5th Street Improvements Project; City Project No. 2019-02, and 19th Street NW & NW Cascade Ave Improvements Project; City Project No. 2024-01. Motion by Councilmember Tidd to approve Resolution 2024-42 authorizing Mayor Crawford to execute an Interlocal Agreement with Link Transit as presented, associated with the 5th Street Improvement Project; City Project No. 2019-02, and the 19th Street NW & NW Cascade Ave Improvements Project; City Project No. 2024-01. Councilmember Arnold seconded the motion. Motion passed unanimously. c. Public Works Manager Garren Melton presented Resolution 2024-43; an Interlocal Agreement with Charter Communications associated with 19th Street NW & NW Cascade Ave Improvements Project; City Project No. 2019-02. Motion by Councilmember Tidd to approve Resolution 2024-43, to approve Resolution 2024-43 authorizing the Mayor Crawford to execute an Interlocal Agreement with Charter Communications as presented; associated with the 19th Street NW & NW Cascade Ave Improvements Project; City Project No. 2019-02. Councilmember Johnson seconded the motion. Motion passed unanimously. d. Public Works Manager Garren Melton presented Resolution 2024-44, Sole Source Declaration for CompuNet. Comments by Councilmember Tidd and Councilmember Magdoff. Motion by Councilmember Botello to approve Resolution 2024-44 establishing CompuNet as a sole source provider for security equipment and installation of security hardware. Councilmember Magdoff seconded the motion. Motion passed unanimously. e. Public Works Manager Garren Melton presented Resolution 2024-45, authorizing the purchase and installation of security systems and access control devices from CompuNet. Motion by Councilmember Tidd to approve Resolution 2024-45 approving the purchase of access control equipment and installation services from CompuNet Inc for an amount not to exceed $17,300.00. Councilmember Johnson seconded the motion. Motion passed unanimously. f. Public Works Manager Garren Melton presented Resolution 2024-46, Contract Award to Forte Architects for Preliminary Space Planning at East Wenatchee City Hall; City Project No. 2024-09. Comments by Councilmember Botello. Motion by Councilmember Johnson to approve Resolution 2024-46 authorizing Mayor Crawford to execute an agreement with Forte Architects for Space Planning at East Wenatchee City Hall for an amount not to exceed $20,000.00. Councilmember Tidd seconded the motion. Motion passed unanimously. 08-06-2024 City Council Agenda Packet Page 62 of 115 g. Finance Director Josh DeLay presented Resolution 2024-47, designating the public entities for wage and salary setting purposes that are comparable to the City. Comments by Councilmember Botello, Councilmember Tidd, and Councilmember Johnson. Motion by Councilmember Tidd to approve Resolution 2024-47 designating the public entities that are most comparable to the city as presented in Exhibit A. Councilmember Johnson seconded the motion. Motion passed unanimously. h. Public Works Manager Garren Melton presented Resolution 2024-48, 3rd Street NE Complete Streets Project Construction Contract Award; City Project No. 2024-04. Comments by Councilmember Johnson. Motion by Councilmember Tidd to approve Resolution 2024-48 authorizing Mayor Crawford to execute a contract between the City of East Wenatchee and Central Washington Asphalt for the 3rd Street NE Complete the Streets Project as presented and contingent upon TIB approval. Councilmember Botello seconded the motion. Motion passed unanimously. 8. MAYOR’S REPORT a. Mayor Crawford congratulated Public Works Manager Garren Melton for being recognized as one of the recipients of 30 under 35 by the Wenatchee World, and his 5th year anniversary working for the City of East Wenatchee. Mayor Crawford indicated School Resource Officer Ivy Jorgenson, from the East Wenatchee Police Department was also nominated and received the distinction by the Wenatchee World. Mayor Crawford thanked them both for their hard work and dedication to the community. b. Mayor Crawford invited both the City Council and public to National Night Out hosted by the East Wenatchee Police Department in collaboration with other local agencies. The event is scheduled to take place at Eastmont Park on Wednesday, July 31, 2024, from 6-8pm. c. Mayor Crawford provided statistics on phone calls/complaints received on 4th of July, as it was the second year where fireworks have been banned in the city. 9. COUNCIL REPORTS & ANNOUNCEMENTS a. Councilmember Tidd, as City representative for Link Transit, provided an update on the organization. 10. ADJOURNMENT With no further business, the meeting adjourned at 7:00 p.m. Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 08-06-2024 City Council Agenda Packet Page 63 of 115 MINUTES CITY COUNCIL WORKSHOP SESSION Thursday, July 18, 2024 Zoom and City Hall Council Chambers, 271 9th St NE, East Wenatchee, WA 07-18-2024 Council Workshop Meeting Minutes Page 1 of 1 Present: Mayor Crawford, Councilmember Shayne Magdoff, Councilmember Ken Arnold, Councilmember Matthew Hepner, Councilmember Christine Johnson, Councilmember Robert Tidd, and Councilmember Lacy Stockton (Zoom). Absent: Councilmember Mark Botello. WORKSHOP SESSION Councilmember Shayne Magdoff called the East Wenatchee City Council Workshop to order at 5:30 p.m. 1. FLOCK SAFETY Chief of Police Rick Johnson provided an overview of the product and how the Police Department could benefit from the safety platform. Sales Representative Kristen MacLeod provided a presentation on the technology and answered questions as needed. Comments provided by Councilmembers present. No action was taken by the Council. 2. STORM WATER COMPREHENSIVE PLAN Public Works Manager Garren Melton requested comments or changes to the proposed Stormwater Comp Plan that was introduced to the council on the June 20, 2024, Workshop. Comments provided by Councilmember Magdoff and Councilmember Tidd. No action was taken by the Council. 3. EAST WENATCHEE EVENTS BOARD PROCEDURES Events Director/PIO Trina Elmes provided an overview of the East Wenatchee Events Board procedures, including the Lodging Tax Advisory Committee’s application and award process, use of revenues, and reporting requirements. Comments provided by all present Councilmembers. No action was taken by the Council. 4. ADJOURNMENT With no further business, the meeting was adjourned at 7:25 p.m. Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk 08-06-2024 City Council Agenda Packet Page 64 of 115 CITY OF EAST WENATCHEE P R O C L A M A T I O N Purple Heart Recipient Recognition Day WHEREAS, our nation and its principles have been defended throughout history by brave and patriotic men and women who sacrificed their own well-being for the cause of freedom and democracy; and WHEREAS, the Purple Heart is the oldest decoration in present use and was initially created as the Badge of Military merit by General George Washington in 1782; and WHEREAS, in 1932, on the 200th anniversary of George Washington’s birth, the Badge of Military Merit was renamed the Order of the Purple Heart; and WHEREAS, the Purple Heart was the first American Service award of decoration made available to the common soldier and is specifically awarded to members of the United States Armed Forces who have been wounded or paid the ultimate sacrifice in combat with a declared enemy of the United States of America; and WHEREAS, the 1991 Washington State Legislature passed Senate Bill 5718 recognizing the seventh day of August as a day to pay tribute to those who hold the distinction of having been awarded the Purple Heart; and WHEREAS, in 2024 as a collective effort Chelan County, Douglas County, City of Wenatchee and City of East Wenatchee became Purple Heart Counties and Cities to show appreciation and support for Purple Heart Recipients living in the region; and WHEREAS, the residents of City of East Wenatchee have great admiration and the utmost gratitude for all the men and women who have selflessly served their country and this community in the Armed Forces; and WHEREAS, the City of East Wenatchee pledges its ongoing commitment to and support for the men and women who so honorably serve our nation. NOW THEREFORE, I Jerrilea Crawford, Mayor of the City of East Wenatchee, do hereby proclaim East Wenatchee a Purple Heart City and recognize the 7th of August as Purple Heart Recipient Recognition Day and encourage the citizens of East Wenatchee to show their appreciation for the sacrifices of the Purple Heart recipients have made in defending our freedoms, to acknowledge their courage, and to show them honor and support they have earned. Mayor Jerrilea Crawford City of East Wenatchee 08-06-2024 City Council Agenda Packet Page 65 of 115 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Curtis Lillquist, AICP, Community Development Director Subject: Public meeting for consideration of the Fourth and Kentucky Ten Percent (10%) Annexation Petition. Date: July 23, 2024 I. Summary Title: Public meeting for consideration of a Notice of Intention to Commence Annexation Proceedings signed by the owners of 10% of the value of 62 acres of land for an annexation to be known as the Fourth and Kentucky Annexation. II. Background/History: This annexation is proposed using the Direct Petition Method. In accordance with RCW 35A.14.120, prior to the circulation of a petition for annexation, the initiating party or parties, who are the owners of not less than 10% of the assessed valuation of the property for which annexation is sought, are required to notify the legislative body of their intention to commence annexation proceedings. The City Council must hold a public meeting with the proponent(s) of a petition style annexation within 60-days of submittal of a Notice of Intention to Commence Annexation Proceedings. The Notice of Intention was submitted by Sutton Apartments LLC on July 8, 2024. The adjacent portion of the South Kentucky Ave right-of-way and the Wenatchee Reclamation District canal have been included in the boundary. The total area of the boundary is 62 acres and the current zoning is Residential Low Density and Residential Medium Density. The signature on the 10% petition represents 32% of the assessed value of the proposed annexation area. The proposed area is eligible for annexation since it is within the City’s urban growth area and is contiguous with the existing city limits. The process and standards for the particular annexation method being utilized are defined in RCW 35A.14.120-150. The City Council must decide whether to: accept, reject or geographically modify the proposed annexation; require the simultaneous adoption of a proposed zoning regulation; and require the assumption of all or any portion of existing city indebtedness by 08-06-2024 City Council Agenda Packet Page 66 of 115 the area to be annexed. The minutes of the meeting must record the decision and the 60% petition must state these decisions. Council acceptance is a condition precedent to circulation of the 60% petition. There is no appeal from the council decision. A general summary of the process going forward is outlined below:  If the council chooses to allow this annexation to move forward, staff will create the 60% petition and provide it to the proponent for circulation.  Once staff receives the 60% petition back from the proponent, it will be transmitted to the Douglas County Assessor’s office for a determination of sufficiency.  If the Assessor’s office certifies the petition as sufficient then staff will bring a resolution to the city council setting a public hearing date and directing staff to provide appropriate notice to the public.  A public hearing will be held and after that the council will decide whether or not to pass a resolution notifying the Washington State Boundary Review Board for Douglas County (BRB) of the city’s intent to annex the specified area.  Staff would transmit the signed resolution in a packet to the BRB.  The BRB has 45 days from the official date of filing to invoke jurisdiction. If jurisdiction is invoked, the board has 120 days to hold a hearing and decide whether to accept, reject or modify the boundary.  After the BRB either approves the boundary or the 45 days closes without any action, the council may pass an ordinance.  The effective date described in the ordinance and is either a date specific or being 60 days after publication of the ordinance and notification of the required agencies and utility providers III. Recommended Action: Motion to approve the annexation boundary as proposed in the Notice of Intent to Commence Annexation Proceedings dated July 8, 2024, to require the adoption of the proposed zoning regulations as set forth in Resolution 2023-45 as Residential Low Density and Residential Medium Density, and to require the assumption of existing indebtedness of the city in the area to be annexed. 08-06-2024 City Council Agenda Packet Page 67 of 115 IV. Exhibits: - Fourth and Kentucky Notice of Intent to Commence Annexation Proceedings Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $0 $ 0 08-06-2024 City Council Agenda Packet Page 68 of 115 08-06-2024 City Council Agenda Packet Page 69 of 115 08-06-2024 City Council Agenda Packet Page 70 of 115 08-06-2024 City Council Agenda Packet Page 71 of 115 08-06-2024 City Council Agenda Packet Page 72 of 115 08-06-2024 City Council Agenda Packet Page 73 of 115 08-06-2024 City Council Agenda Packet Page 74 of 115 East Wenatchee Council Agenda Bill To: City Council From: Jerrilea Crawford, Mayor Subject: Resolution 2024-10, an Amended and Restated Interlocal Agreement governing RiverCom Date: August 6, 2024 I. Summary Title: Resolution 2024-10, authorizing the Mayor to execute an Amended and Restated Interlocal Agreement between Chelan County, Douglas County, the City of Wenatchee and the City of East Wenatchee to operate a consolidated 911 emergency dispatch facility and organization (e.g. RiverCom). II. Background/History: RiverCom was formed through an interlocal agreement in 2004 between Chelan County, Douglas County, the City of Wenatchee, and the City of East Wenatchee. The current agreement, amended in 2007, states in Article XII (“AMENDMENTS”), “This agreement may be amended, supplemented, or modified at any time by action of the Administrative Board, subject to ratification by a majority of the legislative bodies of all Parties to this Agreement.” The interlocal agreement update process commenced in 2023 with an Administrative Board workshop to discuss changes and draft an updated Amended and Restated Interlocal Cooperative Agreement (ICA). While many non-substantive changes were made, two main substantive issues were addressed and are reflected in the attached proposed 2024 ICA update: 1. Article V – Technical Advisory Committees: The 2007 Amended Agreement established three Technical Advisory Committees (TACs) for Police Services, Fire Services, and Emergency Medical Services. These committees eventually disbanded, and user agencies began meeting regularly during the RiverCom Operations Group (ROG) meetings, which include representatives from police, fire, and EMS. The ROG has effectively taken over the functions of the original TACs, fostering collaboration and information sharing among the three emergency service entities. The attached proposed 2024 RiverCom Amended and Restated ICA reflects the replacement of the TACs with the ROG, aligning with current operations and preferred by user groups. The RiverCom Administrative Board unanimously endorses this change. 2. Article IV – Administrative Board: The 2007 Amended ICA delineated the Administrative Board composition as five voting members and eight ex-officio members: City of 08-06-2024 City Council Agenda Packet Page 75 of 115 Voting Members: 1. A County Commissioner from Chelan County. 2. A County Commissioner from Douglas County. 3. An elected official chosen by the City of Wenatchee. 4. An elected official chosen by the City of East Wenatchee. 5. A member selected from the ex-officio group. Ex-Officio Members: 1. The Sheriff of Chelan County. 2. The Sheriff of Douglas County. 3. The Police Chief of the City of Wenatchee. 4. The Police Chief of the City of East Wenatchee. 5. A Mayor representing the regional smaller cities. 6. A representative from the NCW Fire Chiefs and Commissioners Association. 7. A representative from the Chelan-Douglas EMD Council. 8. A representative from the EMS User Transport Agencies. On October 9th, 2022, the RiverCom Board unanimously voted to expand the voting members to seven, adding permanent positions for each elected Sheriff and a rotating Fire and EMS representative board member. However, this expansion was not ratified by the four governing bodies. Subsequently, in the December 20th, 2023, board meeting, the board unanimously voted to rescind the previous expansion in favor of maintaining the five-member voting structure. In February 2024, the proposed Amended Restated ICA was sent to the four legislative bodies for legal review and board/council approval. In April 2024, Chelan County Board Commissioner and RiverCom Administrative Board member Tiffany Gering informed the RiverCom Executive Director that her board had concerns regarding the five-member voting structure and requested a review at the next board meeting. During the June 12th, 2024, meeting, the board reconsidered the voting structure and evaluated four options presented by the Executive Director: Option A (Current Structure): 1. Chelan County Commissioner 2. Douglas County Commissioner 3. City of Wenatchee elected official 4. City of East Wenatchee elected official 5. Ex-officio member (rotating annually from fire, police, and EMS) Option B (5-Member, No Law Enforcement Rotation as Ex-Officio): 1. Chelan County Commissioner 2. Douglas County Commissioner 3. City of Wenatchee elected official 4. City of East Wenatchee elected official 5. Ex-officio member (rotating annually from fire and EMS) Option C (7-Member, Representing Governing Bodies and Major User Groups): 1. Chelan County Commissioner 2. Douglas County Commissioner 3. City of Wenatchee elected official 4. City of East Wenatchee elected official 08-06-2024 City Council Agenda Packet Page 76 of 115 5. Law Enforcement user agencies representative (selected annually) 6. Fire user agencies representative (selected annually) 7. EMS (Chelan-Douglas EMS Council representative) Option D (7-Member, Adding Sheriff Voting Members and Fire/EMS Representative): 1. Chelan County Commissioner 2. Douglas County Commissioner 3. City of Wenatchee elected official 4. City of East Wenatchee elected official 5. The Sheriff of Chelan County 6. The Sheriff of Douglas County 7. Fire/EMS representative (rotating between Fire and EMS) After deliberation, the board favored Option C with a vote of three to two (3-2): In Favor: • Chelan County Commissioner Tiffany Gering • Douglas County Commissioner Dan Sutton • Wenatchee Police Chief Steve Crown (ex-officio voting member) Opposed: • Wenatchee Mayor Mike Poirier • East Wenatchee Mayor Jerrilea Crawford The attached proposed 2024 RiverCom Amended and Restated ICA now includes the approved Option C, establishing a board consisting of seven voting members and five Ex- officio members. III. Next Steps: The Restated Interlocal Agreement would need ratification by a majority of the legislative bodies of all parties to the agreement. The two Counties have approved the new agreement. The City of Wenatchee has not approved the agreement. If the City of East Wenatchee approves the Interlocal Agreement, it will be officially adopted as the Amended and Restated Interlocal Agreement. If the City of East Wenatchee does not approve, it will go back to the RiverCom Board for further review and potential modification. IV. Exhibits: Resolution 2024-10, an Amended and Restated Interlocal Cooperative Agreement governing Rivercom with Exhibit A. 08-06-2024 City Council Agenda Packet Page 77 of 115 City of East Wenatchee Resolution 2024-10 with Exhibit A 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. 2024-10 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Amended and Restated Interlocal Agreement between Chelan County, Douglas County, the City of Wenatchee and the City of East Wenatchee to operate a consolidated 911 emergency dispatch facility and organization (e.g. Rivercom). 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. 2.2. RCW 39.34.030 authorizes the City to enter into an agreement with another public agency. For an Interlocal Agreement to enter into force, the participating public agencies must take action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Interlocal Agreement. A true and correct copy of the Amended and Restated Interlocal Agreement between Chelan County, Douglas County, the City of Wenatchee and the City of East Wenatchee to operate a consolidated 911 emergency dispatch facility and organization is attached as Exhibit A. 08-06-2024 City Council Agenda Packet Page 78 of 115 City of East Wenatchee Resolution 2024-10 with Exhibit A Page 2 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 4. Authorization. The City Council authorizes the Mayor to execute an Amended and Restated Interlocal Agreement in the form of attached Exhibit-A. 5.Recording and/or publication. Once the Interlocal Agreement is signed by all necessary parties, the City Council directs the City Clerk to either file it with the Douglas County Auditor or publish it on the City’s website, or both, in accordance with RCW 39.34.040. 6.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. 7.Effective date. This Resolution becomes effective immediately. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 6th day of August 2024. The City of East Wenatchee, Washington By _________________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon City Clerk Approved as to form only: ___________________________ Bob Siderius, City Attorney Filed with the City Clerk: 08/01/2024 Passed by the City Council: Effective Date: 08-06-2024 City Council Agenda Packet Page 79 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 1 Final 2024 AMENDED AND RESTATED INTERLOCAL COOPERATIVE AGREEMENT RE: THE CREATION AND ADMINISTRATION OF A MULTI- JURISDICTIONAL PUBLIC SAFETY ANSWERING POINT This Amended and Restated Interlocal Cooperative Agreement (“Agreement”) is made this day by and between Chelan County, Washington; Douglas County, Washington; the City of Wenatchee, Washington and the City of East Wenatchee, Washington; WHEREAS, Chelan County is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 36; WHEREAS, Douglas County is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 36; WHEREAS, The City of Wenatchee is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 35A; WHEREAS, the City of East Wenatchee is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 35A; WHEREAS, the entities named above, hereinafter "Parties" have formed a Multi-Jurisdictional Public Safety Answering Point (PSAP), hereinafter "RiverCom"; WHEREAS, the Parties enter into this Agreement under the authority of RCW Chapter 39.34 in order to provide for the joint and/or cooperative exercise of their powers, privileges and authorities to operate a consolidated 911 emergency dispatch facility and organization; WHEREAS, the Chelan County Board of County Commissioners authorized the execution of the formation documents for RiverCom at a regular meeting held on October 7th, 2002, and have authorized execution of this Agreement at a regular meeting held on__________________, 2024; WHEREAS, the Douglas County Board of County Commissioners authorized the execution of the formation documents for RiverCom at a regular meeting held on November 18th, 2002, and have authorized execution of this Agreement at a regular meeting held on_________________, 2024; WHEREAS, the City of Wenatchee City Council authorized the execution of the formation documents for RiverCom at a regular meeting held on October 10, 2002, and have authorized execution of this Agreement at a regular meeting held on __________________, 2024; EXHIBIT A 08-06-2024 City Council Agenda Packet Page 80 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 2 Final WHEREAS, the City of East Wenatchee City Council authorized the execution of the formation documents for RiverCom at a regular meeting held on October 22, 2002, and have authorized execution of this Agreement at a regular meeting held on___________________, 2024; and WHEREAS, the Parties intend this Agreement to supersede any prior agreements between the Parties addressing Rivercom operations, including but not limited to the 2007 Amended Interlocal Agreement. The Parties do not intend this Agreement to replace any other agreements between the Parties that are not inconsistent with the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to set forth the terms and conditions under, which the Parties will jointly and cooperatively form and administer a regional PSAP that receives calls for emergency assistance from the public, and dispatches, the appropriate public safety responder(s). ARTICLE II CREATION 2.01 By agreement originally dated in October/November 2004 the Parties created “Rivercom”. The Parties each assigned RiverCom the responsibility for public safety communications for the purpose of communication and dispatching for public safety and emergencies in those participating incorporated and unincorporated areas of Central Washington State which are under jurisdiction of any Party to this Agreement, or other agencies, entities or jurisdictions that choose to contract for services with RiverCom (the private or public entities or agencies other than the Parties to this Agreement and for which RiverCom provides emergency call receiving and/or dispatch services are referred to as “Customer Agencies”). RiverCom is a municipal corporation and a separate legal entity as authorized by RCW 39.34.030(3)b. 2.02 The Treasurer of Douglas County has acted and will continue to act as Treasurer of RiverCom. There is a special pooled fund, administered by the Treasurer, which is known as the "RiverCom Fund" into which are deposited all funds received for the account of RiverCom and from which shall be paid all proper claims as allowed by the RiverCom Administrative Board in accordance with the provisions of RCW Chapter 36.22 and any other applicable statutes. RiverCom employees shall be paid on Douglas County's payroll schedule as part of Douglas County's function as Treasurer. RiverCom shall provide to EXHIBIT A 08-06-2024 City Council Agenda Packet Page 81 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 3 Final Douglas County an amount agreeable to RiverCom and Douglas County as compensation for Douglas County's services to RiverCom by Douglas County. RiverCom employees are not employees of Douglas County. 2.03 RiverCom is a separate entity answerable only to the RiverCom Administrative Board. It is separate from any existing emergency response agency for operational control. Any and all operational and/or procedural matters not otherwise delegated to the Executive Director shall be decided by the Administrative Board. 2.04 Each Party is an equal equity partner in RiverCom. ARTICLE III SERVICES PROVIDED 3.01 RiverCom shall provide emergency answering, monitoring and dispatch services for the Parties, customer law enforcement agencies, fire districts and departments, and public or private ambulance services. 3.02 RiverCom shall provide information from the Washington State Patrol Law Enforcement Data Communications System to participating law enforcement agencies. 3.03 RiverCom shall provide answering, monitoring and dispatch services to assist Customer Agencies in responding to public safety emergencies and other calls for assistance. ARTICLE IV ADMINISTRATIVE BOARD 4.01 Administrative Board Established. There is hereby established an Administrative Board consisting of the following seven (7) voting members: 1. One County Commissioner from Chelan County. 2. One County Commissioner from Douglas County. 3. One elected official to be chosen by the City of Wenatchee. 4. One elected official to be chosen by the City of East Wenatchee. 5. One member representing the law enforcement agencies served by RiverCom; 6. One member representing the fire agencies served by RiverCom; 7. One member representing the emergency medical services providers served by RiverCom. EXHIBIT A 08-06-2024 City Council Agenda Packet Page 82 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 4 Final 4.02A Ex-Officio Members. In addition to voting members, the following persons are non-voting ex-officio members of the RiverCom Administrative Board: 1. The Sheriff of Chelan County. 2. The Sheriff of Douglas County. 3. The Police Chief of the City of Wenatchee. 4. The Police Chief of the City of East Wenatchee. 5. A Mayor representing the regional smaller cities. In the event the Sheriff of Chelan or Douglas County, or the Police Chief of the City of Wenatchee or the City of East Wenatchee, is selected to be a voting member, they will serve as the representative of their agency, and their department will not have a non-voting ex-officio member of the Administrative Board. 4.02.B Selection of Voting Members from Law Enforcement, Fire and EMS. The law enforcement agencies identified in section 4.02(1)-(4) above shall designate the person to be the voting representative of the law enforcement agencies. The Fire Chiefs and Commissioners of the North Central Washington Fire Chiefs and Commissioners Association shall designate the person to be the voting representative the fire services. The Chelan-Douglas EMS Council shall designate the person to be the voting representative the EMS providers. 4.03 Quorum. A quorum for the Administrative Board shall consist of any four (4) voting members. The Chairperson of the Board, or Chairperson pro tem, shall vote on all issues unless abstaining. 4.04 Alternates. Each agency or group represented by a voting Administrative Board member, as provided above, shall designate an alternate for each voting Administrative Board position. Each agency or group represented by an ex-officio Administrative Board member, as provided above, shall designate an alternate for each Administrative Board ex-officio position (the alternate ex-officio member need not be an elected official). The names of all Administrative Board members and alternates shall be sent to RiverCom in writing to be filed, and shall be updated in writing by each board, council, or commission whenever the designees are changed, whose name shall be filed with RiverCom. The alternate Administrative Board member shall attend all of the Administrative Board meetings in lieu of the Administrative Board member for whom such person is to act as an alternate at such times as the duly designated member is not otherwise available to attend the meetings. Alternates for voting Administrative Board members shall have full powers to vote and act as an Administrative Board member at all such meetings that such alternate attends in lieu of the regularly designated voting Administrative Board member. EXHIBIT A 08-06-2024 City Council Agenda Packet Page 83 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 5 Final 4.05 Chairperson. The members of the Administrative Board shall elect a chairperson of the Administrative Board to a one-year term who shall preside at all meetings of the Administrative Board. The members of the Administrative Board shall elect a Chairperson Pro Tem for a one-year term who shall preside at meetings of the Administrative Board when the Chairperson is absent. An election shall be held during the last regularly scheduled Administrative Board meeting of each calendar year to elect the Administrative Board's Chairperson and Chairperson Pro Tem for the following calendar year. 4.06 Board Secretary. The Executive Director of RiverCom or their designee shall act as Secretary of the Administrative Board. 4.07 Role and Functions. The Administrative Board shall adopt, and when necessary, amend, the definitional, operational, and procedural parameters and functions of RiverCom. The functions of the Administrative Board shall be as follows: 1. Budget formation, approval and submission to the legislative bodies of the parties to this agreement as well as to Customer Agencies. 2. Development of operational priorities, policies and procedures for systems development, programming, operational and personnel policies, and equipment usage. 3. Review of the administrative policies of RiverCom as needed. 4. Establishment of policies for expenditures of budgeted items for RiverCom. 5. Supervision, negotiation and approval of all labor agreements and amendments to same. 6. Employment, termination and supervision of the Executive Director of RiverCom. 7. Approval of the Executive Director's proposals for new equipment. 8. Approval of payment for all accounts payable. 9. Contract for services such as legal advice, technical consulting, etc. 4.08 Insurance. RiverCom shall obtain and maintain liability insurance and replacement value insurance covering all equipment owned by RiverCom. The EXHIBIT A 08-06-2024 City Council Agenda Packet Page 84 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 6 Final insurance carrier(s), level of coverage, deductible, and other significant coverage issues shall be as agreed to by the Administrative Board. Each Administrative Board member and the Executive Director shall be named as additional insureds on the liability coverage. RiverCom shall additionally obtain and maintain other insurance policies as may be required by applicable law or as necessary as determined by the Administrative Board. 4.09 Contracting for Services. The Administrative Board may contract with nonmember public and private organizations or agencies for emergency communications, alarm systems, and other communication services. Such organizations or agencies shall be charged a standard rate for these services as established annually by the Administrative Board. 4.10 Technical Expertise. RiverCom may provide to the Administrative Board or any Party to this Agreement technical expertise as may be required for proper operations of their systems and for procurement of their communications equipment and otherwise in furtherance of the purposes of RiverCom. 4.11 Board Positions Unpaid. No member of the RiverCom Administrative Board shall be paid for their services thereon. 4.12 Vote Allocation. Each voting member of the Administrative Board shall have an equal vote in Administrative Board decisions. Ex-officio members and the Executive Director of RiverCom will not vote on any matters. 4.13 Additional Vote Requirements. All decisions, actions, resolutions and motions made by the Administrative Board must be made and passed by not less than a majority of the voting members of the Administrative Board. ARTICLE V RIVERCOM OPERATIONS GROUP ADVISORY COMMITTEE 5.01 Formation. The Rivercom Operations Group (ROG), consisting of representatives from any Customer Agency, shall be the sole technical advisory committee to the Administrative Board and Executive Director. The ROG’s mission is to support and advise the Administrative Board and the Executive Director on matters involving 911 call taking and emergency services dispatching operations; radio communications infrastructure development and maintenance; subscriber equipment acquisition, maintenance, and replacement; capital facility planning; Shared Funding distribution; and other matters as deemed appropriate by the Executive Director. The above ROG duties and responsibilities will be overseen and managed by the ROG Chair and the Executive Director, and are advisory in nature and not agency policy setting or controlling. EXHIBIT A 08-06-2024 City Council Agenda Packet Page 85 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 7 Final 5.02 RiverCom Operations Group (ROG). The ROG shall be comprised of representatives from the Chelan/Douglas County Regions law enforcement, fire, EMS and emergency management agencies. Each Customer Agency may designate one representative, who is employed by that Customer Agency, to attend regularly scheduled meetings, and participate on ROG Chair approved working groups and/or sub-committees. Only RiverCom Customer Agencies may be members of the ROG. 5.02.A Chairperson of the ROG. The ROG Chairperson shall be elected by the ROG membership and serve a one-year term. The Chairperson’s role shall rotate annually between fire service and law enforcement. The Chairperson shall be the official spokesperson of the ROG, and shall preside at all meetings of the ROG. The Chairperson may appoint a designee to act in their place when unavailable to attend ROG meetings. If the ROG membership are unable to select a ROG Chairperson, then the Administrative Board shall select a ROG Chairperson. 5.02.B Secretary to the ROG. The Executive Director, or their designee, shall serve as Secretary to the ROG, and may assign RiverCom staff to support ROG working groups, sub-committees, or other related activities. 5.03 Authority. The ROG, with the Executive Director’s approval, shall have the authority to: 1. Recommend operational changes; 2. Provide input on radio communications infrastructure and subscriber equipment implementation, purchases, and maintenance processes; 3. Recommend updates and/or changes to related information technology and geographical information systems; 4. Manage and recommend allocations for Shared Funding requests; 5. Provide input regarding capital facility planning; 6. Facilitate the formation of working groups and sub-committees to accomplish the above tasks; and 7. Conduct other tasks as assigned by the ROG Chair, the Executive Director. and/or the Administrative Board. 5.04 Roles and Responsibilities. The following outlines the ROG’s roles and responsibilities for supporting RiverCom’s Executive Director, the Administrative Board, and the achievement of the agency’s 911 call taking and emergency services dispatching Core Mission. 1. Shall meet at least every other month, or as deemed necessary by the ROG Chairperson or the Executive Director, to perform the tasks outlined in 5.03 above, and receive updates from the Executive Director and RiverCom staff on issues related to 911 call taking and emergency services dispatching operations, including, but not limited to, Radio Communications; Information Technology; Geographical Information EXHIBIT A 08-06-2024 City Council Agenda Packet Page 86 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 8 Final Services; and Administrative Services. 2. Discuss matters, and make recommendations to the Administrative Board related to 911 call taking and emergency services dispatching coordination with the region’s First Responder agencies, and their respective emergency response roles and responsibilities. 3. Annually conduct the review and evaluation of Customer Agency Shared Funding applications, and make annual funding recommendations to the Executive Director. 4. Establish working groups and/or sub-committees to facilitate and complete specific tasks as determined by the ROG Chairperson, the Executive Director, and/or the Administrative Board. 5. Participate in and support the Executive Director at regularly scheduled Administrative Board meetings on ROG related matters, initiatives, and funding recommendations. 5.05 Subcommittee Structure. As determined by the ROG Chairperson or the Executive Director, the below listed subcommittees shall convene as necessary for discipline specific discussion, to complete assigned tasks, and provide input and recommendations to the Executive Director. The lead for each subcommittee will be determined by subcommittee members. 1. Law Enforcement Services Subcommittee 2. Fire Protection Services Subcommittee 3. Emergency Medical Services Subcommittee 4. Shared Funding Application Committee 5. Technical Advisory Committee 5.06 ROG Reporting. The ROG Chairperson and the Executive Director, or their designees, shall advise the Administrative Board at its regularly scheduled meetings of recommendations developed by ROG members and/or subcommittees of how RiverCom can best meet the operational needs of the departments they serve. EXHIBIT A 08-06-2024 City Council Agenda Packet Page 87 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 9 Final ARTICLE VI EXECUTIVE DIRECTOR 6.01 Position Created. There shall be an Executive Director of RiverCom appointed by the Administrative Board. The Executive Director shall be selected on the basis of administrative and technical competence and experience. 6.02 Confidential Employee. The Executive Director will be a confidential employee of RiverCom and will be a part of management's bargaining team during labor negotiations. The Executive Director will also be responsible for administering any existing labor agreements covering RiverCom personnel under their supervision. 6.03 Responsibilities. The Executive Director shall be responsible for administration, budget, personnel, dispatching, records, communications, and other Communications Center functions in conformance with the policies of the Administrative Board. These responsibilities include the operation, maintenance and sustainment of the regions Emergency Communications Radio Network. 6.04 Authority. The Executive Director shall have authority and responsibility to schedule, hire, train and discipline, up to and including termination, all RiverCom personnel within the documented personnel policy guidelines established by the Administrative Board, and any existing labor agreements. ARTICLE VII FINANCES 7.01 Budget. The Executive Director of RiverCom, with the assistance of the Administrative Board, shall each year prepare a proposed work and project plan and a preliminary Budget of revenue and expenditures for the operation of RiverCom for the next calendar year on or before the date of the first Administrative Board meeting in August. The Administrative Board shall approve the preliminary RiverCom Budget on or before the first Administrative Board meeting in October, and submit said Budget to each jurisdiction served by RiverCom (Parties and Customer Agencies). The Administrative Board shall also submit to such bodies an explanation for the adopted RiverCom Budget. Said budget shall include a provision for a contingency fund with monies set aside as specified by the RiverCom Administrative Board, or there shall be a mechanism for access to a like amount of funding from other recognized sources such as a pre-approved line of credit. Said Budget shall be consistent with the budgeting, accounting, and reporting system (BARS) as detailed by the Office of the Washington State Auditor and Douglas County's budget procedures. Said Budget may be subject to amendment by the Administrative Board as to detail in accordance with RiverCom's and Douglas County's budget procedures and laws. 7.02 Equipment Replacement and Capital Account. RiverCom's Budget will include an account entitled "Capital Account”. Each year the Administrative EXHIBIT A 08-06-2024 City Council Agenda Packet Page 88 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 10 Final Board will insure said Account has adequate monies to purchase, replace, or improve RiverdCom equipment which has failed or becomes unreliable. All interest income which is realized as a result of investing monies in said Account will remain in the Account. The Administrative Board may, by Resolution, expend funds in the Account for capital improvements. 7.03 Enhanced 9-1-1 Equipment Replacement Fund. RiverCom's Budget will include an account entitled "Enhanced 9-1-1 Equipment Replacement". The Administrative Board must place funds into this Fund for the replacement of equipment eligible for Enhanced 9-1-1 grant funds per the applicable Washington Administrative Code (WAC). All interest income which is realized as a result of investing monies in the Fund will remain in the Fund. The Administrative Board may, by Resolution, expend funds in the Fund for equipment replacement of eligible enhanced 911 equipment. 7.04 Cost Distribution. In conjunction with the development of the annual budget, the Administrative Board shall prepare a formula-based methodology that distributes RiverCom's operational costs among all Parties to this Agreement and all of RiverCom's Customer Agencies. Operational costs are salaries and wages, personnel benefits and taxes, utilities, leases, insurance, communications services, professional services, maintenance, supplies, debt service and other non-capital costs expended entirely within one budget year. Said formula shall distribute costs proportionally among the Parties to this Agreement and RiverCom's Customer Agencies based on each entity's actual usage. of RiverCom services as evidenced by either the number of radio logs and/or dispatched events, (which will not include traffic stops made by law enforcement officers), generated by each Party or Customer Agency. In July of each year a total count shall be made to determine the number of radio logs and dispatched events each participating agency generated between July 1st of the year previous to the year in which the budget is being formulated and June 30th of the year in which the budget is being formulated. 7.05 Billing and Non-payment. Each Party to this Agreement, and each Customer Agency contracting for RiverCom services, shall be billed by December 15th for the upcoming year. Parties and Customer Agencies may choose to make an annual payment in full by January 10th of the budget year, or twelve equal monthly payments, which shall be due by the 10th of each month. Any Party or Customer Agency falling two (2) months in arrears shall be considered delinquent, and in that event, the Administrative Board shall have authority to terminate all services to such Party or Customer Agency and all participation of such Party to the functions of RiverCom. However, said Party or Customer Agency shall be liable for its contributions to RiverCom's budget through December 31St of the year following the termination of the delinquent Party or Customer Agencies services. The Administrative Board will then redistribute the costs to the remaining Parties and Customer Agencies contracting for RiverCom services. EXHIBIT A 08-06-2024 City Council Agenda Packet Page 89 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 11 Final 7.06 Other Funding. RiverCom may accept donations, grants, or loans of money, equipment, or services from any lawful source. RiverCom shall also cooperate in all ways with local, state, and federal government agencies and any private funding sources to maximize the use of grants or donations for equipment and operations. 7.07 Enhanced 911 Grants and Taxes Received by Chelan County. Chelan County agrees to assign and forward all tax and/or grant monies designated by law for the support of enhanced 911 operations collected by Chelan County to RiverCom for administration by the RiverCom Administrative Board. 7.08 Enhanced 911 Grants and Taxes Received by Douglas County. Douglas County agrees to assign and forward all tax and/or grant monies designated by law for the support of enhanced 911 operations collected by Douglas County to RiverCom for administration by the RiverCom Administrative Board. 7.09 Bond Payments. Any bonds issued by the Parties for RiverCom capital projects, maintenance or operations shall be re-paid from the RiverCom operations budget, however, each Party's organization is ultimately responsible to assure its bond payments are made. 7.10 Assets. Assets transferred by any Party to this Agreement to RiverCom shall be appropriately documented by the Party and RiverCom, and shall become RiverCom assets. Assets shall be transferred without compensation to the transferring Party. RiverCom shall be responsible for the operation and maintenance of said asset(s) after they are transferred to RiverCom. The acceptance of a Party's asset(s) by RiverCom shall be at RiverCom Administrative Board's sole discretion. ARTICLE VIII FACILITIES AND EQUIPMENT 8.01 Primary Public Safety Answering Point (PSAP). RiverCom shall be the primary PSAP for Chelan County and for Douglas County. 8.02 Enhanced 911 Telecommunications Equipment. RiverCom shall own, operate and fund all emergency telecommunications equipment, networks and databases necessary to provide enhanced 911 service. In cooperation with telecommunications service providers, the Administrative Board shall approve the continuing administration of the Enhanced 911 Emergency Telephone System insofar as practical for use within the area served by RiverCom. The Executive Director, under direction of the Administrative Board, shall administer the Enhanced 911 Emergency Telephone System as an operational function of RiverCom in accordance with Referendum 42 regarding 911 Emergency Phone Service Tax Measure (1991). All eligible costs of the operation and administration of the E911 system as defined by the Revised EXHIBIT A 08-06-2024 City Council Agenda Packet Page 90 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 12 Final Code of Washington (RCW) or by the Washington Administrative Code (WAC) shall be paid with dedicated Enhanced 911 (E911) tax revenues or State E911 funds. 8.03 Other Equipment. RiverCom shall own and maintain all equipment procured for purposes of establishing and maintaining operations. This includes all office furniture as well as office, radio, data, telephone equipment, etc. RiverCom shall own all future equipment acquired for expansion of operations including any remote radio equipment deemed necessary. 8.04 Responsibilities of the Parties. The Parties shall be individually responsible for the provision of equipment for communicating with RiverCom or between their personnel. Each Party shall retain the responsibility and authority for its operational departments and for such equipment and services as required at its place of operations to connect to RiverCom's operations. Interconnecting equipment may or may not be included in RiverCom's budget as the Administrative Board shall determine. Each Party shall be responsible for purchasing, maintaining, and repairing their own base, mobile, and portable communications equipment including pagers and computers, unless otherwise provided by RiverCom as approved by the Administrative Board. 8.05 Radio Frequency Licenses. RiverCom shall be responsible for holding, maintaining and renewing all Federal Communications Commission (FCC) Radio Frequency Licenses necessary for operations on RiverCom's primary dispatch channels. In consideration of having access to RiverCom's radio channels; RiverCom's maintenance of said radio channels and their supporting infrastructure; RiverCom's support of interagency interoperability; RiverCom's improvements to the region's overall radio infrastructure; as well as the assurance that a future terminating Party would not be able to negatively affect the remaining Parties by legally operating on RiverCom's licensed radio channels, each Party to this Agreement has transferred its public safety FCC Radio Frequency Licenses for its primary dispatch channel(s) to RiverCom. RiverCom shall ensure all FCC Radio Frequency Licenses include authorization so each Party can use RiverCom's primary dispatch channels. EXHIBIT A 08-06-2024 City Council Agenda Packet Page 91 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 13 Final ARTICLE IX ADMISSION OF NEW PARTNERS 9.01 Conditions for Admission. Public entities that are not signators to this Agreement may be added as parties to this Agreement upon such terms and conditions as agreed upon by the existing Parties to this Agreement. The admission of additional parties shall be by written addendum to this Agreement after approval by the Administrative Board and the subsequent ratification by a majority of the legislative bodies of all Parties to this Agreement at the time the additional party is to be added. ARTICLE X WASHINGTON STATE PATROL LAW ENFORCEMENT DATA COMMUNICATIONS SYSTEM 10.01 Provisions for Use. The Advisory Council on Criminal Justice Services and the Washington State Patrol have requested that all participating communications centers, such as RiverCom, which are terminal users of the Washington State Patrol Law Enforcement Data Communications Systems have certain provisions in their regulations and enabling Interlocal Agreements concerning responsibility for such communication, therefore, Section 10.02 is specifically agreed. 10.02 Responsibility. RiverCom shall bear full responsibility for insuring that the law enforcement data communications network and any Criminal History. Records Information received by means of such network shall be used solely for the purposes of the due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760(3) as now exists or may hereafter be amended. RiverCom shall establish rules and regulations governing access to, security for, and operation of the data communications network for any Criminal Justice Records Information received by means of such network. ARTICLE XI DURATION AND TERMINATION OF AGREEMENT 11.01 Duration. This Agreement shall continue until the Parties hereto unanimously agree to dissolve RiverCom. 11.02 Withdrawal. Except as otherwise specifically provided herein, the parties to this agreement may not withdraw from RiverCom until after July 1, 2024. Also, prior to July 1, 2024, the parties to this Agreement cannot change their methods of dispatch services; for example, the Parties may not setup EXHIBIT A 08-06-2024 City Council Agenda Packet Page 92 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 14 Final internal dispatching services within their own agency. Thereafter, any Party to this Agreement may withdraw from RiverCom upon at least one (1) year's written notice to the Administrative Board. Said termination notice must be received by December 31st of the year prior to termination to be effective on December 31st of the following year. RiverCom will assist the terminating Party with the acquisition of FCC radio frequency licenses for its dispatch operations, but RiverCom is not required to surrender any of its FCC licenses nor is RiverCom obligated to agree to co-license the terminating Party on any of RiverCom's licensed frequencies. 11.03 Distribution of Assets. All equipment purchased or acquired by RiverCom and used in common for RiverCom purposes shall be retained by RiverCom upon the withdrawal of any Party to this Agreement. Provided, however, if this Agreement is terminated and RiverCom is dissolved, the Administrative Board shall divide the assets of RiverCom according to each Party's equity position. Frequencies held by RiverCom shall be transferred to the Party or Customer Agency that held said frequencies prior to RiverCom's formation. 11.04 RiverCom Obligations at Termination. All legal and financial obligations incurred by RiverCom prior to termination shall remain RiverCom's. ARTICLE XII AMENDMENTS 12.01 Conditions for Amendments. This Agreement may be amended, supplemented or modified at any time by action of the Administrative Board and ratification by a majority of the legislative bodies of all Parties to this Agreement. ARTICLE XIII PERFORMANCE OF AGREEMENT 13.01 Compliance with All Laws. RiverCom and each Party to this Agreement shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. 13.02 Maintenance and Audit of Records. RiverCom shall maintain books, records, documents and other materials relevant to its performance under this Agreement which sufficiently and accurately reflect any and all direct and indirect costs and expenses incurred or paid in the course of performing this Agreement. These records shall be subject to inspection, review and audit by a Party or its designee, the Washington State Auditor's Office, and authorized federal agencies. Each Party shall retain all such books, records, documents EXHIBIT A 08-06-2024 City Council Agenda Packet Page 93 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 15 Final and other materials for five (5) years following the termination of this Agreement, or such longer timeframe as required under the state public document retention schedule. 13.03 Improper Influence. Each Party to this Agreement agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each Party agrees, warrants and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 13.04 Conflict of Interest. The elected and appointed officials and employees of the Parties shall not have any personal interest, direct or indirect, in Rivercom or its assests and shall be or become an employee of Rivercom which gives rise to a conflict of interest. ARTICLE XIV DISPUTES 14.01 Time. Time is of the essence of this Agreement. 14.02 Conflict. In the event of conflict among the terms and conditions of this Agreement and federal, state or local law, the inconsistency shall be resolved by giving precedence of interpretation in the following order: 1. Applicable federal case law, statutes and regulations; then 2. Applicable Washington case law, statutes and regulations; then 3. The specific terms and conditions of any appendix attached hereto; then 4. The terms and conditions of this Agreement. 14.03 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the waiving Party. Any waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. 14.04 Dispute Resolution. Disputes, other than those which relate to non- payment, shall be arbitrated by the Parties pursuant to the rules of arbitration contained in RCW 7.04A. The arbitrator shall be selected by agreement between the disputing parties. In the event that an arbitrator cannot be agreed EXHIBIT A 08-06-2024 City Council Agenda Packet Page 94 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 16 Final upon, the presiding judge of the Grant County Superior Court shall appoint an arbitrator. 14.05 Governing Law. This Agreement shall be governed exclusively by the laws of the State of Washington. 14.06 Venue. The venue for legal action brought by any Party to this Agreement over the terms and conditions of this Agreement shall be the Superior Court of Grant County, Washington. ARTICLE VX GENERAL PROVISIONS 15.01 Assignment. The Parties may not assign any rights or delegate any duties under this Agreement, whether by assignment, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 15.02 Entire Agreement. This Agreement constitutes the entire agreement between the Parties, and supersedes any and all previous agreements relating to the creation, funding, operation or maintenance of a regional emergency dispatch and communications center. This Agreement does not supersede any other agreements among the Parties relating to Rivercom, unless the other agreements are inconsistent with or contrary to the terms of this Agreement. In that case, this Agreement supersedes any other inconsistent agreement, but only to the extent of the inconsistency. There are no understandings or agreements between the Parties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce the Parties to enter into this Agreement. 15.03 Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was omitted. 15.04 Counterparts. This Agreement may be executed by the Parties using duplicate counterparts. 15.05 Filing. Pursuant to RCW 39.34.040, this Agreement shall be filed with the Auditor of each County and the City Clerk of each City prior to its entry into force or, alternatively, listed by subject on a Party’s website or other electronically retrievable public source. 15.06 Legal Assistance. This Agreement has been amended and restated with the assistance of RiverCom’s legal counsel, Robert R. Siderius of the law firm of Jeffers, Danielson, Sonn & Aylward, PS. The modifications have been made to EXHIBIT A 08-06-2024 City Council Agenda Packet Page 95 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 17 Final reflect the operations of RiverCom as they have developed since execution of the original interlocal Agreement. Robert Siderius also provides legal representation to the City of East Wenatchee and to Chelan County. Rober Siderius is not representing either the City of East Wenatchee or Chelan County for purposes of drafting the modifications contained in this Agreement. The City of East Wenatchee and Chelan County acknowledge that Robert Siderius is providing drafting this this Agreement to reflect the intent of all parties, and not representing either individually. All Parties are encouraged to have this Agreement reviewed by their own counsel. ARTICLE XVI INDEMNIFICATION 16.01 Indemnification Clause. Each Party agrees to defend, indemnify and to hold harmless RiverCom and the other Parties to this Agreement from all claims, loss or damage, including costs and reasonable attorney fees, resulting from any Party's sole negligence and from actions or omissions that are solely attributable to any employee, official, or agent of any Party, including but not limited to the loss or damage of any nature arising from provision of law enforcement, fire, or emergency medical services. In addition to and notwithstanding the foregoing, RiverCom is solely responsible for any liability or claim of liability which arises out of the exercise or alleged exercise of authority by any employee of RiverCom, and shall defend, indemnify and hold harmless the Parties from all claims, loss or damage, including costs and reasonable attorney fees, sustained by any person or property resulting from the acts or omissions of RiverCom, its employees, officers, agents, or volunteers, in connection with the performance of this Agreement. ARTICLE XVII EXECUTION OF AGREEMENT 17.01 Process for Execution of Agreement. Each Party to this Agreement may bind itself with all other Parties to this Agreement to form RiverCom by signing a duplicate original of this Agreement and submitting such signed duplicate original to RiverCom. It is understood that such execution shall not require that one original Agreement be signed by all Parties to this Agreement, but that there will be several duplicate originals signed by each Party to this Agreement. The purpose of this provision is to facilitate the signing of the Agreement and to avoid undue delay in the execution of the Agreement. This Agreement, however, shall be executed on behalf of each Party by its authorized representative and pursuant to the appropriate motion, resolution or ordinance of each local government or other entity as the case may be. Each Party to this Agreement shall be bound to it as of the date it is signed by that Party. [Signatures begin on the next page.] EXHIBIT A 08-06-2024 City Council Agenda Packet Page 96 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 18 Final Adopted DOUGLAS COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS CHAIR VICE CHAIR COMMISSIONER ATTEST: CLERK OF THE BOARD APPROVED AS TO FORM: PROSECUTING ATTORNEY EXHIBIT A 08-06-2024 City Council Agenda Packet Page 97 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 19 Final Adopted CHELAN COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS CHAIR COMMISSIONER COMMISSIONER ATTEST: CLERK OF THE BOARD APPROVED AS TO FORM: PROSECUTING ATTORNEY EXHIBIT A 08-06-2024 City Council Agenda Packet Page 98 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 20 Final Adopted CITY OF WENATCHEE, WASHINGTON CITY COUNCIL MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT A 08-06-2024 City Council Agenda Packet Page 99 of 115 2024 Amended and Restated Interlocal Cooperative Agreement Page 21 Final Adopted CITY OF EAST WENATCHEE, WASHINGTON CITY COUNCIL MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT A 08-06-2024 City Council Agenda Packet Page 100 of 115 East Wenatchee Council Agenda Bill To: Mayor Crawford and Council From/Presenter : Garren Melton, Public Works Manager Subject: Resolution 2024-49 – Department of Enterprise Services Energy Program Interagency Agreement Date: August 6, 2024 I. Summary Title: A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to enter into an Interagency Agreement with the Department of Enterprise Services for participation in the Departments Energy Program. II. Background/History: The City’s campus facilities committee has identified City Hall’s three aging HVAC systems as the City ’s top priority for replacement. City Staff were made aware of the Department of Enterprise Service s (DES) Energy Program while researching funding options for energy improvements to public buildings. The Energy Program through DES offers two key benefits to the City – the expertise of a DES engineer that specialized in energy efficiency contracting, and access to Energy Savings Performance Contracting (ESPC). ESPC allows the City to select a prequalified company from a list of firms pre-selected by DES. These firms specialize in these projects and take the project from the preliminary energy audit to identify potential savings, through design, and eventually to construction. Once the City selects a firm, the firm will perform a preliminary audit to ensure that the City has a project that meets the criteria of the program. Assuming a p otential project is identified, the firm will conduct a more in-depth investment grade audit. The City will work with the DES project manager to come up with “cost effective ness criteria.” These criteria can include minimum savings on utility bills, maximum allowable budgets, and even required assistance to find grant funds for the work. If a firm can meet all cost effectiveness criteria, the City will be presented with a contract for the work. This contract represents the maximum dollar amount the City will pay for the project, even if actual pro ject costs end up exceeding the agreement amount. The cost of being able to use this program, and for all DES support throughout the project (as listed in Exhibit A) is dependent on the overall project cost. Assuming a City of 08-06-2024 City Council Agenda Packet Page 101 of 115 rough cost of $900,000 to replace all three HVAC units, the expected cost to the City would be $43,800. This is a very reasonable cost for the benefits of the program, and to have a professional engineer familiar with energy system upgrades essentially acting as a representative for the City th roughout the project. The City only pays this fee if a project is completed. If the abovementioned cost effectiveness criteria are not met, there is no fee due to DES. III. Recommended Action: Approve Resolution 2024-49 authorizing the Mayor to execute an Interagency Agreement between the City of East Wenatchee and the Department of Enterprise Services. IV. Exhibits: 1. Resolution 2024-49 Financial Data Expenditure Required Amount Budgeted Appropriation Required $0 $0 No 08-06-2024 City Council Agenda Packet Page 102 of 115 City of East Wenatchee Resolution 2024-49 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. 2024 -49 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a n interagency agreement between the City of East Wenatchee and the Department of Enterprise 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. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization. The City Council authorizes the Mayor to execute an agreement that conforms to the language set forth in Exhibit A. 4.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5.Effective date. This Resolution becomes effective immediately. Exhibit A 08-06-2024 City Council Agenda Packet Page 103 of 115 City of East Wenatchee Resolution 2024-49 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of _______________, 2024. The City of East Wenatchee, Washington By ________________________ Jerrilea Crawford, Mayor Attest: ___________________________ Anna Laura Leon, City Clerk Approved as to form only: ___________________________ City Attorney Filed with the City Clerk: __________ Passed by the City Council: __________ Effective Date: __________ Exhibit A 08-06-2024 City Council Agenda Packet Page 104 of 115 State of Washington ENERGY PROGRAM Department of Enterprise Services P.O. Box 41476 Olympia, WA 98504-1476 INTERAGENCY AGREEMENT IAA No.: K9205 City of East Wenatchee 271 9th St. NE East Wenatchee, WA 98802 Date: July 12, 2024 INTERAGENCY AGREEMENT BETWEEN CITY OF EAST WENATCHEE AND WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES Pursuant to RCW chapter 39.34 and RCW chapter 39.35C, this Interagency Agreement (Agreement) is made and entered into by and between the State of Washington acting by and through the Energy Program of the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and City of East Wenatchee, a Washington State governmental agency (“Client Agency”) and is dated and effective as of the date of the last signature. R E C I T A L S A.Enterprise Services, through its Energy Program (“Energy Program”), helps owners of public facilities reduce energy and operational costs. The Energy Program is a national leader in developing and managing energy savings performance contracts that help reduce energy and operational costs in publicly-owned facilities. B.Upgrading to energy efficient infrastructure helps reduce long-term operations and maintenance costs. This allows owners to be better financial stewards while achieving their mission, so that Washington is a better place to live, learn, and work. C.Acting as the owner’s advocate, the Energy Program delivers professional expertise and contract management services. By leveraging capital investments, owners can achieve efficiencies, improve facilities, and reduce carbon emissions in their publicly-owned facilities. Energy Program also creates value to owners by managing risk through guaranteed total project costs, equipment performance, and energy savings. D.Client Agency, an owner of a public facility, desires to contract with Energy Program to access and obtain certain Energy Program Services. E.The purpose of this Agreement is to establish a vehicle for Energy Program to provide future energy/utility conservation project management services to Client Agency and to authorize the development of the energy services proposal in a cost-effective, efficient manner. Exhibit A 08-06-2024 City Council Agenda Packet Page 105 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 2 Effective March 14, 2024 A G R E E M E N T NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: 1. TERM. The term of this Agreement commences on the date of the last signature and ends December 31, 2028. 2. STATEMENT OF WORK. A. ENERGY PROGRAM. Energy Program agrees to provide the following Services: i. Upon request by Client Agency for energy services for a specific Energy/Utility Conservation Project(s), the Parties shall execute an amendment to this Agreement to specify the project and associated project management fees as set forth by Attachment B. Enterprise Services shall furnish necessary personnel and services as specified and set forth in Attachment A, Project Management Services Scope of Work. ii. Assist in Dispute Resolution. Dispute resolution is an ongoing process throughout the project. However, this assistance does not include formal dispute resolution, arbitration or legal advice or representation in any legal action, and does not include legal fees and costs related to any dispute. Formal dispute resolution begins when a written claim is received demanding arbitration or other legal process is received. All formal dispute fees and costs will be borne separately by Client Agency. The Attorney General cannot and will not represent or advise a non-state agency. B. CLIENT AGENCY. Client Agency agrees to the following: i. Will conform to the protocols of this Agreement, including Enterprise Services’ General Conditions for Washington State Energy Savings Performance Contracting (“General Conditions”), and as supplemented. ii. Will conform to the requirements of the General Conditions for timely processing and approval of agreed upon changes to construction contracts involving cost, and for payment. iii. Will conform to the following guidelines for communications between Client Agency, Enterprise Services and ESCOs (Energy Services Company) through the design, construction and post-construction phases as outlined below: a) Communications between Client Agency, Energy Program Project Manager (“PM”) and ESCO shall go through the PM. The PM may authorize exceptions for specific projects or situations. The PM may authorize the ESCO to communicate directly with Client Agency personnel to expedite the design and to avoid communication delays. This action does not authorize additional work, change in scope, or exclude copying all communications between ESCO and Client Agency to the PM. b) All drawings, specifications, reports, and project correspondence must contain the State Project Number and suffix.  The State Project Number consists of the fiscal year and a numerical sequence number, for example 2018-024, followed by an alphabetical suffix. Exhibit A 08-06-2024 City Council Agenda Packet Page 106 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 3 Effective March 14, 2024  Professional services agreements have suffixes A through F, for example 2018-024 A.  Construction contracts have suffixes G through Z, for example 2018-024 G. iv. All identification and monitoring of documentation required by the funding source shall remain the responsibility of Client Agency. 3. COMPENSATION AND REQUIREMENTS. A. COMPENSATION. Compensation under this Agreement shall be by amendment to this Agreement for each authorized project. Each amendment shall include a payment schedule for the specific project. i. Project Management Services Scope of Work (Attachment A): For project management services provided by Energy Program, Client Agency shall pay Enterprise Services a Project Management Fee for services based on the total project value (including Washington state sales tax) per the Project Management Fee Schedule set forth in Attachment B. ii. Termination Fee: If Client Agency, after authorizing an investment grade audit and energy services proposal, decides not to proceed with an energy/utility conservation project that meets Client Agency’s cost effective criteria, then the Client Agency will be charged a termination fee as set forth in Project Management Fee Schedule. The termination fee shall be based on the estimated total project value outlined in the energy services proposal prepared by the ESCO as set forth in Attachment B. iii. Measurement & Verification Services (“M&V”) Scope of Work (Attachment C): If M&V are requested by Client Agency beyond the first three years following the notice of commencement of energy cost savings, Client Agency shall pay Enterprise Services $2,000.00 annually for each year that such M&V are provided. B. PAYMENT FOR ESCO SERVICES. In the event that Client Agency enters into a contract with an Energy Program pre-qualified ESCO, pursuant to an Enterprise Services Main Energy Services Agreement for ESCO Services, Client Agency shall make payment for such contracted services directly to the ESCO, after Energy Program has reviewed and sent such invoices to Client Agency for payment. C. FURTHER ASSURANCES. Client Agency shall provide the ESCO with any additional necessary or desired contract language to comply with Client Agency’s obligations pertaining to its use of federal, state, or other grants, funding restrictions, or unique contract/entity requirements. The ESCO and their subcontractors are required to comply with all applicable federal regulations and reporting procedures. D. MANAGING COMPLIANCE WITH STATE AND FEDERAL LAW. In all ESCO project agreements and contracts pertaining to this Agreement, Energy Program will require ESCO’s compliance with applicable federal and state laws and state policies including, but not limited to, the following: 1. RCW Title 39 and 43 2. ADA Requirements 3. Buy America 4. Davis-Bacon 5. Prevailing Wage 6. DBE Participation 7. Apprentice Participation Exhibit A 08-06-2024 City Council Agenda Packet Page 107 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 4 Effective March 14, 2024 Upon request by Client Agency, Energy Program will collect and provide the weekly-certified payroll to Client Agency. Client Agency, however, shall remain responsible for any documentation required by Client Agency’s funding source. All federal verification, investigation, survey, reporting and enforcement requirements when there is a possible violation shall remain the responsibility of the federal grant recipient (Client Agency) unless negotiated by Energy Program and added by amendment to this Agreement. In the event that Energy Program becomes aware of a possible violation, it will notify Client Agency. 4. INVOICES AND BILLING. A. BILLING PROCEDURE. Enterprise Services shall submit invoices to Client Agency upon substantial completion and notice of commencement of energy cost savings of each authorized project, unless an amendment specifies special billing conditions and timeline. Substantial completion of the project will include the delivery and acceptance of the notice of commencement of energy cost savings issued by the ESCO. Each invoice will clearly indicate that it is for the services rendered in performance under this Agreement and shall reflect this Agreement and Amendment number. Energy Program will invoice for any provided services within sixty (60) days of the expiration or termination of this Agreement. B. PAYMENT PROCEDURE. Client Agency shall pay all invoices received from Enterprise Services within thirty (30) days of receipt of properly executed invoice vouchers. C. BILLING DETAIL. Each invoice submitted to Client Agency by Enterprise Services shall include information as is necessary for Client Agency to determine the exact nature of all expenditures. At a minimum, the invoice shall reference this Agreement and include the following:  Amendment number and project  The date(s) such services were provided  Brief description of the services provided  Total invoice amount D. BILLING ADDRESS. Invoices shall be delivered to Client Agency electronically to: Email: gmelton@eastwenatcheewa.gov 5. AGREEMENT MANAGEMENT. The parties hereby designate the following Agreement administrators as the respective single points of contact for purposes of this Agreement, each of whom shall be the principal contact for business activities under this Agreement. The parties may change administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Client Agency Attn: Alysa Wiyrick Energy Project Manager Energy Program Washington Dept. of Enterprise Services PO Box 41476 Olympia, WA 98504-1476 Tel: (509) 279-5024 Email: alysa.wiyrick@des.wa.gov Attn: Garren Melton Public Works Manager City of East Wenatchee 271 9th St. NE East Wenatchee, WA 98802 Tel: (509) 884-1829 Email: gmelton@eastwenatcheewa.gov Exhibit A 08-06-2024 City Council Agenda Packet Page 108 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 5 Effective March 14, 2024 Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. The Client Agency representative shall be responsible for working with Energy Program, approving billings and expenses submitted by Energy Program, and accepting any reports from Energy Program or ESCO. The Energy Program representative shall be the contact person for all communications regarding the conduct of work under this Agreement. 6. RECORDS. A. AGREEMENT AVAILABILITY. Prior to its entry into force, this Agreement shall be posted on the parties’ websites or other electronically retrievable public source as required by RCW 39.34.040. B. RECORDS RETENTION. Each party shall maintain records and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance and payment of the services. These records shall be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and officials authorized by law. Such records shall be retained for a period of six (6) years following expiration or termination of this Agreement or final payment for any service placed against this Agreement, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved. C. OWNERSHIP. Records and other information, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third party without first providing notice to the other party and allowing ten (10) business days in which to file, at its sole expense, a motion seeking a protective order, or other legal action. Each party will utilize reasonable security procedures and protections to assure that records and information provided by the other party are not erroneously disclosed to third parties. D. PUBLIC RECORDS. This Agreement and all related records are subject to public disclosure as required by RCW 42.56, the Public Records Act (PRA). 7. RESPONSIBILITY OF THE PARTIES. Each party to this Agreement assumes responsibility for claims and/or damages to persons and/or property resulting from any act or omission on the part of itself, its employees, or its agents. Neither party assumes any responsibility to the other party for any third party claims. 8. DISPUTE RESOLUTION. The parties shall use their best, good faith efforts cooperatively and collaboratively to resolve any dispute that may arise in connection with this Agreement as efficiently as practicable, and at the lowest possible level with authority to resolve such dispute. The parties shall make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve any such dispute. If, however, a dispute persists regarding this Agreement and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall produce its description of the dispute in writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree on a mutual resolution within fifteen (15) business days, the parties shall abide Exhibit A 08-06-2024 City Council Agenda Packet Page 109 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 6 Effective March 14, 2024 by the Governor’s dispute resolution process (RCW 43.17.330), if applicable, or collectively shall appoint a third party to evaluate and resolve the dispute and such dispute resolution shall be final and binding on the parties. 9. TERMINATION FOR CONVENIENCE. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days prior written notification. Upon such termination, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of such termination. 10. GENERAL PROVISIONS. A. COMPLIANCE WITH LAW. The Parties shall comply with all applicable law. B. INTEGRATED AGREEMENT. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. C. AMENDMENT OR MODIFICATION. Except as set forth herein, this Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party. D. AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party. E. NO AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Agreement. Neither party is an agent of the other party nor authorized to obligate it. F. GOVERNING LAW. The validity, construction, performance, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. G. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington. H. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Agreement in their entirety. I. CAPTIONS & HEADINGS. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of any provisions hereof. J. ELECTRONIC SIGNATURES. A signed copy of this Agreement or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. Exhibit A 08-06-2024 City Council Agenda Packet Page 110 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 7 Effective March 14, 2024 K. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Agreement. 11. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. 12. NON-DISCRIMINATION. 1. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. 2. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3). 3. Default. Notwithstanding any provision to the contrary, Agency may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Agency receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. 4. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Agency shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Agency for default under this provision. Exhibit A 08-06-2024 City Council Agenda Packet Page 111 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 8 Effective March 14, 2024 EXECUTED AND EFFECTIVE as of the date of the last signature. City of East Wenatchee STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES By: By: Name: Name: Kirsten G. Wilson, PE Title: Title: Energy Program Manager Date: Date: Exhibit A 08-06-2024 City Council Agenda Packet Page 112 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 9 Effective March 14, 2024 ATTACHMENT A PROJECT MANAGEMENT SERVICES SCOPE OF WORK Energy/Utility Conservation Projects Statewide Energy Performance Contracting Program Energy Program will provide the following project management services for each specific project for the Client Agency. Each individual project shall be authorized by an amendment to this Agreement. 1. Assist the Client Agency in the selection of an Energy Service Company (ESCO) consistent with the requirements of RCW 39.35A for local governments; or 39.35C for state agencies and school districts. 2. Assist in identifying potential energy/utility conservation measures and estimated cost savings. 3. Assist in negotiating scope of work and fee for an ESCO audit of the facility(s). 4. Assist in identifying appropriate project funding sources and assist with obtaining project funding. 5. Assist in negotiating the technical, financial and legal issues associated with ESCO’s Energy Services Proposal. 6. Review and recommend approval of ESCO energy/utility audits and Energy Services Proposals. 7. Provide assistance during the design, construction and commissioning processes. 8. Review ESCO invoice voucher(s) received for reasonableness and forward to Client Agency for review and payment. 9. Assist with final project acceptance. 10. Assist in resolution of disputes with the ESCO that arise during this Agreement, not to include formal disputes. 11. Review up to the first three years of the ESCO’s annual Measurement and Verification (M&V) reports for completeness and accuracy. Review any ESCO guarantee compared to reported results and resolve differences, if needed. Review and forward ESCO invoice vouchers for payment by the Client Agency. Exhibit A 08-06-2024 City Council Agenda Packet Page 113 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 10 Effective March 14, 2024 ATTACHMENT B PROJECT MANAGEMENT FEE SCHEDULE 2023-25 Interagency Reimbursement Costs for Project Management Fees to Administer Energy/Utility Conservation Projects PROJECT TOTAL PROJECT VALUE MANAGEMENT FEE TERMINATION FEE 5,000,001….. ....... 6,000,000 ..................................... $68,800 .................................... 25,700 4,000,001... ........ 5,000,000 ....................................... 67,700 .................................... 25,400 3,000,001…. ........ 4,000,000 ....................................... 66,700 .................................... 25,000 2,000,001…. ........ 3,000,000 ....................................... 62,500 .................................... 23,400 1,500,001…. ........ 2,000,000 ....................................... 58,300 .................................... 21,800 1,000,001…. ........ 1,500,000 ....................................... 51,600 .................................... 19,300 900,001. … ....... 1,000,000 ....................................... 43,800 .................................... 16,400 800,001…… .......... 900,000 ....................................... 41,300 .................................... 15,400 700,001……. ......... 800,000 ....................................... 38,300 .................................... 14,400 600,001……. ......... 700,000 ....................................... 36,500 .................................... 13,700 500,001……. ......... 600,000 ....................................... 33,800 .................................... 12,600 400,001…… .......... 500,000 ....................................... 30,200 .................................... 11,300 300,001……. ......... 400,000 ....................................... 25,800 ..................................... 9,700 200,001……. ......... 300,000 ....................................... 20,700 ..................................... 7,700 100,001……. ......... 200,000 ....................................... 14,400 ..................................... 5,400 50,001……. .......... 100,000 ......................................... 7,800 ..................................... 3,500 20,001…….. ........... 50,000 ......................................... 4,200 ..................................... 2,000 The project management fee on projects over $6,000,000 is 1.15% of the project cost. The maximum Energy Program termination fee is $25,700. 1. These fees cover project management services for energy/utility conservation projects managed by Enterprise Services’ Energy Program. 2. Termination fees cover the selection and project management costs associated with managing an ESCO's investment grade audit and energy services proposal. No termination fee will be charged unless Client Agency decided not to proceed to construction based on an energy services proposal that identifies projects that met Client Agency’s cost effectiveness criteria. 3. If the project meets Client Agency’s cost effectiveness criteria and Client Agency decides not to move forward with a project, then Client Agency will be invoiced per the above listed Termination Fee or $25,700 whichever is less. If Client Agency decides to proceed with the project then the Agreement will be amended to include the Project Management Fee listed above. 4. If the audit fails to produce a project that meets Client Agency’s established cost effectiveness criteria, then there is no cost to Client Agency and no further obligation by Client Agency. Exhibit A 08-06-2024 City Council Agenda Packet Page 114 of 115 INTERAGENCY AGREEMENT NO. K9205 Page 11 Effective March 14, 2024 ATTACHMENT C MEASUREMENT & VERIFICATION SERVICES SCOPE OF WORK Energy/Utility Conservation Projects Statewide Energy Performance Contracting Program If requested, Energy Program will provide the following measurement and verification services for each year beyond the first three years following the Notice of Commencement of Energy Cost Savings by the ESCO for the specific Client Agency project: 1. Review the ESCO’s annual Measurement and Verification report for completeness and accuracy. Review any ESCO guarantee compared to reported results and resolve differences, if needed. Review and forward any ESCO invoice vouchers for payment by the Client Agency. 2. Where necessary, review Client Agency facility operations including any changes in operating hours, changes in square footage, additional energy consuming equipment and negotiate changes in baseline energy use with the ESCO and Client Agency that may impact achieved energy savings. 3. Attend a meeting or meetings with Client Agency and ESCO to review and discuss the annual Measurement and Verification report. Exhibit A 08-06-2024 City Council Agenda Packet Page 115 of 115