city of ocean shores regular city council meeting

Agenda

City of Ocean Shores

Regular City Council Meeting

***Amended***

Monday

February 11, 2019

6:00 PM

Ocean Shores Convention Center

120 W Chance A La Mer

Ocean Shores, Washington

Page

Call to Order

Roll Call

Pledge of Allegiance

Approval of Meeting Agenda

Ceremonies and Proclamations

Public Communication to Council - 3 Minutes

Announcements 1. Board and Committee Vacancies

Five member and two alternate vacancies on the Building Code Board of

Appeals, two vacancies on the Fresh Waterways Advisory Board, four

vacancies on the Park Board, and one vacancy on the Civil Service

Commission.

Appointments

Other Reports

Staff Report

Council Liaison Reports & Council Committee Reports

Mayor's Report

of 59

Page

Consent Agenda 5 - 10 2. Approval of minutes for the Regular City Council Meeting on January 28,

2018. 3. Approval of Claims.

Discussion 4. Proposed Trade of Community Club Property at Perkins Pond and at Parcel

094701700000 on the Harbor for City of Ocean Shores’ Chinook Park.

• Presented by Mayor Crystal Dingler

• Public Comment

• Council Questions and Discussion

Old Council Business

New Council Business 11 - 17 5. Ordinance

An Ordinance of the City Council of the City of Ocean Shores, Washington,

amending Ordinance No. 905 as codified in Ocean Shores Municipal Code

Chapter 1.12.030 relating to the cost of public records.

• Presented by Finance Director/City Clerk Angela Folkers

• First Reading

• Public Comment


• Council Action 19 - 31 6. Request

A Request of the City Council of the City of Ocean Shores, Washington,

authorizing the acceptance of a National Criminal History Improvement

(NCHIP) Grant.

• Presented by Police Chief Neccie Logan Finance Director Angela

Folkers

• Public Comment



A Request of the City Council of the City of Ocean Shores, Washington, to

approve a City Business License for Taxi Service.

• Presented by Finance Director Angela Folkers

• Public Comment



A Request of the City Council of the City of Ocean Shores, Washington, to

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Page

approve an agreement for Wetland Delineation and Topographic Survey.

• Presented by Mayor Crystal Dingler

• Public Comment


• Council Action

Discussion 9. Code of Ethics

• Presented by Councilmember Jon Martin.

Executive Session

Future Agenda Item Suggestions - 3 Minutes 10. Agenda Review: February 15, 2019, at 2:00 p.m.

Future Meeting Topics:

• Police Advisory Board - Griebel.

• Noise Ordinance - Griebel.

• Habitability and Unfit Buildings - Griebel.

• Low income threshold for Utilities - Conniry.

• Sub Committee and Ad Hoc Committee - Conniry.

• LeMay Yard Waste - Conniry.

• Littering Laws - Daniel.

Ad Hoc Committees:

• Moratorium on Certain Land Uses - Councilmembers Martin, and

Conniry.

• Community Health and Safety - Councilmembers Griebel, Peterson, and

Martin.

• Environmental Committee - Councilmember Conniry.

For the Good of the Order - 3 Minutes

Adjourn

of 59

REGULAR CITY COUNCIL MEETING MINUTES January 28, 2019

_____________________________________________________________________________ 01.28.2019 Regular Meeting Page 1 of 6

Call to Order: Mayor Dingler called the Regular City Council Meeting to order at 6:00 p.m., at the Ocean Shores Convention Center. The recorded meeting may be accessed on the City website or viewed on cable Channel 68 Tuesday and Friday at 7:00 p.m. Elected Officials present: Mayor Dingler and Councilmembers Conniry, Daniel, Griebel, Martin, Ensley, Peterson, and Noble. Elected Officials absent: None. City Staff present: Police Chief Neccie Logan, Finance Director/City Clerk Angela Folkers, Public Works Director Nick Bird, and Administrative Assistant Sandy Madison Others present: None.

Roll Call:

Administrative Assistant Madison called roll.

Pledge of Allegiance:

Councilmember Martin led the Pledge of Allegiance.

Meeting Agenda Approval:

Mayor Crystal Dingler requested to add an Ordinance to end the moratorium on building in the south end and an Executive Session for RCW 42.30.110(i) to review potential litigation. Recording # 00:02:07- Councilmember Ensley made a motion to approve the agenda with amendments to include the Executive Session and an additional Ordinance terminating the moratorium. Councilmember Noble seconded the motion. The motion passed unanimously.

Ceremonies and Proclamations:

None.

Public Communication:

Carlos Roldan commented on City Administrator position. Barb Walker commented on Coastal Interpretive Center. Lillian Broadbent commented on City Administrator position.

Announcements:

Mayor Dingler announced that there are five member and two alternate vacancies on the Building Code Board of Appeals, one vacancy on the Fresh Waterways Advisory Board, one vacancy on the Park Board, one vacancy on the Civil Service Commission, and one vacancy on the Library Board.

2. Approval of minutes for the Regular City Council Meeting on January 2... of 59



Appointments:

Mayor Crystal Dingler reappointed, with Council consensus, Mary Jo Lohrenz to the Library Board.

Other Reports:

None.

Staff Report:

Public Works Director Nick Bird recognized the Sewer Collections System Team who resolved, in record time, a system problem.

Council Liaison Reports & Council Committee Reports:

Councilmember Martin reported presenting at the Lunch with Mayors in Grays Harbor County, and received positive feedback regarding our legislative asks for vertical evacuation, protection of the sewer plant and the high dune trails. He reported attending the Finance Committee and the 2018 Budget Surplus Recommendations that have been made. Councilmember Greibel reported attending the Library Board of Trustees and a report on a possible formation of a Library Foundation. She attended the Parks Board meeting and the board is unanimous in support to build and dedicate a memorial dog park to Wilma Spike. Councilmember Daniel attended agenda setting and the Finance Committee Meeting. He attended a meeting with the Fresh Waterways Board where they discussed the North Grand Canal clean-up. Councilmember Noble reported attending the Finance Committee and the Grays Harbor Council of Government where they approved the 2019 budget and discussed water needs for local cities. Councilmember Conniry reported signing warrants and attending the Lunch with Mayors. She reported completing an MRSC seminar on Ethical Consideration for Local Officials and announced an upcoming seminar on Comprehensive Overview of MRSC Resources. Councilmember Peterson had nothing to report. Councilmember Ensley reported signing warrants and attended the agenda setting meeting. He reported attending the Radio




Board meeting where they discussed their remaining request for capital support and a future presentation to council on what they are doing for the community.

Mayor’s Report:

Mayor Dingler reported her appreciation with the council for their efforts to stay out of debt. She reported receiving 26 applications for the City Administrator position and will be starting interviews. She reported that the FEMA Grant has been submitted.

Consent Agenda:

Recording #00:29:31 - Councilmember Conniry made a motion to approve the consent agenda. Councilmember Ensley seconded the motion. The motion passed unanimously. The Consent Agenda included:

1. Approval of minutes for the January 14, 2019 Regular City Council Meeting.

2. Approval of Treasurer Checks #12965 through #12967 in the amount of $3,854.99 dated the 22nd day of January 2019.

3. Approval of Payroll Warrants # 705060 through #705078 in the amount of $199,713.90 dated the 18th day of January 2019.

4. Approval of Accounts Payable Warrants # 169814 through #169890 in the amount of $207,691.41 dated January 2019.

5. Approval of Accounts Payable Warrants # 802175 through # 802180 in the amount of $14,760.33 dated January 2019.

6. Approval of Accounts Payable Warrants # 802186 through # 802196 in the amount of $9,801.88 dated January 2019.

Old Council Business:

None.

New Council Business: Ordinance 1034: LID Surplus

An Ordinance of the City Council of the City of Ocean Shores, Washington, declaring a Local Improvement District (LID) surplus. Finance Director Angela Folkers presented the Ordinance. There was public comment regarding what was covered in the 10 year plan and identified maintenance projects. There were Council questions and discussion regarding that the LID covered construction costs only not maintenance.




Recording # 00:34:19 - Councilmember Ensley made a motion to approve an Ordinance as presented and waive second reading. Councilmember Peterson seconded the motion. The motion passed unanimously.

Resolution 784: Set Date & Time for Public Hearing to vacate City owned property

A Resolution of the City Council of the City of Ocean Shores, Washington to set date and time for public hearing to vacate City owned property. Public Works Director Nick Bird presented the Resolution. There was no public comment. There were Council questions and discussion regarding the process, how many of these lots do not have utilities, setting a precedence, need to preserve green space, size of property, need of additional lots and cost to survey. Recording # - 00:45:59 - Councilmember Daniel Call to Question. There were further questions and discussion regarding sellable property and location of parcels. The Call to Question passed with 6 yes votes and 1 no vote by Councilmember Conniry. There were further council questions and discussion explaining the resolution and the public hearing is a requirement. Recording # 00:52:56- Councilmember Martin made a motion to have the hearing March 25th. Councilmember Conniry seconded the motion. There were further council questions and discussion regarding rules other cities have in place. The motion passed unanimously.

Resolution: Change Un Court to Tidelands Court

A Resolution for the City of Ocean Shores to Change Un Court to Tidelands Court. Public Works Director Nick Bird presented the Request. There was public comment regarding presentation of name




change and the HOA approved up to $500 to change the name. There were Council questions and discussion regarding cost to change name and economic impact. Recording #01:00:20 - Councilmember Martin made a motion to change Un Court to Tidelands Court. Councilmember Noble seconded the motion. The motion passed unanimously.

Ordinance: Terminating Moratorium by Ord 971

An Ordinance of the City Council of the City of Ocean Shores, Grays Harbor County Washington Terminating the Moratorium established by Ordinance No 971. City Attorney Brent Dille and Mayor Crystal Dingler presented the Ordinance. There was no public comment. There were Council questions and discussion regarding Shoreline Master plan finalized. Recording # 01:02:32 - Councilmember Daniel made a motion to approve An Ordinance of the City Council of the City of Ocean Shores, Grays Harbor County Washington, Terminating the Moratorium established by Ordinance No 971. Councilmember Conniry seconded the motion. The motion passed unanimously. A second reading is not required per OSMC 1.06.010.

Mayor Dingler recessed the Regular Council Meeting at 7:04 pm Mayor Dingler reconvened the Regular Council Meeting at 7:09 pm

Executive Session:

Mayor Dingler recessed the Regular City Council Meeting at 7:09 p.m. to convene into Executive Session under RCW 42.30.110(i) to Review Potential Litigation. The Executive Session will last approximately fifteen minutes. Mayor Dingler adjourned the Executive Session and reconvened the Regular City Council Meeting at 7:25 p.m.

Future Agenda Items:

Councilmember Noble commented on Future Agenda Item Littering Laws.




Recording #01:06:22 - Councilmember Conniry made a motion to move Habitability and Unfit Buildings on discussion. There was no second on the motion. There were council questions and discussion regarding current city plan in progress and an update in approximately 3 months. There was further council questions and discussion on Council Guidelines process to bring up agenda items Mayor Pro Tem Martin assigned Councilmembers Peterson and Noble to the Agenda Review on Monday, February 4, 2019.

For the Good of the Order:

Councilmembers shared items they felt were for the good of the order.

Adjourn:

Mayor Dingler adjourned the Regular City Council meeting at 7:39 p.m.

Signed: Attest:

________________________________ Crystal L. Dingler, Mayor ________________________________ Angela Folkers, Finance Director and City Clerk


11-14-07 updated

City of Ocean Shores AGENDA BILL

------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: February 11, 2019 SUBJECT: An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ordinance No. 905 as codified in Ocean Shores Municipal Code Chapter 1.12.030 relating to the cost of public records. CATEGORY: CONSENT AGENDA XXX ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION XXX NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Ordinance (w/ markups), Ordinance (clean version), Public Records Statutory Rates SUMMARY/BACKGROUND: The Ocean Shores Municipal Code currently contains various methods of charging for public records, including a per hour charge for scanning documents. After reviewing the City Code and considering the burden of tracking and charging the actual costs of producing records we are requesting to change the City Code to charging the statutory default fees listed in RCW 42.56.

EXPENDITURE AMOUNT: $0 AMOUNT BUDGETED: $0 BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: Approval upon first reading MAYOR'S RECOMMENDATION: Approval upon first reading PRESENTED BY: Angela Folkers, Finance Director/City Clerk

(BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE) COUNCIL ACTION:

APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION:

5. Ordinance An Ordinance of the City Council of the City of Ocean Shore... of 59

of 2 Ordinance No.

CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

OCEAN SHORES, WASHINGTON, AMENDING ORDINANCE NO. 905 AS CODIFIED IN OCEAN SHORES MUNICIPAL CODE

CHAPTER 1.12.030 RELATING TO COST OF PUBLIC RECORDS

WHEREAS, the City has reviewed the Ocean Shores Municipal Code sections relating to public records; and

WHEREAS, due to the time commitment of calculating actual costs of producing

public records being unduly burdensome; and WHEREAS, the City can assess costs per the statutory fee schedule pursuant to

RCW 42.56; and WHEREAS, the provisions of OSMC 1.12.030 require amendment in order to properly reflect the statutory default rates pursuant to RCW 42.56;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 905, as codified in OSMC Chapter 1.12.030 is amended to read as follows: 1.12.030 Request—Form. All persons desiring to inspect or receive a copy of any public record of the city must make their request in writing, directed to the Ocean Shores City Clerk or designee. Public records request forms are available through the City Clerk’s office. Photocopies of records requested shall be made and provided by the city upon payment (cash or check only) of the following fees to cover the cost of photocopying and reproduction:

A. Fifteen cents per page photocopied. B. Ten cents per page scanned into electronic format. C. Five cents for each four files or attachments provided by electronic

delivery. D. Ten cents per gigabyte of electronic records transmission. E. Actual costs of storage, media, container, envelope, postage and delivery

charges. F. Charges can be combined if more than one type of charge applies. G. The City Clerk or designee may require a ten percent deposit of the

estimated cost.


of 2 Ordinance No.

Section 2. This Ordinance shall take effect thirty (30) days after the date of publication.

THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this 11th day of February 2019.

_________________________________ Crystal L. Dingler, Mayor

ATTEST: Angela Folkers, Finance Director/City Clerk REVIEWED AND APPROVED BY: Brent Dille, City Attorney


of 2 Ordinance No. 905

CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

OCEAN SHORES, WASHINGTON, AMENDING ORDINANCE NO. 905809 AS CODIFIED IN OCEAN SHORES MUNICIPAL CODE

CHAPTER 1.12.030 RELATING TO COST OF PUBLIC RECORDS

WHEREAS, the City has reviewed Washington Cities Insurance Authority has requested a review of the Ocean Shores Municipal Code sections relating to public records; and

WHEREAS, due to the time commitment of calculating actual costs of producing

public records being unduly burdensome; and WHEREAS, the City can assess costs per the statutory fee schedule pursuant to

RCW 42.56; and WHEREAS, the provisions of OSMC 1.12.030 require amendment in order to properly reflect the statutory default rates pursuant to RCW 42.56;City’s actual cost of producing certain records and it is necessary for the City Council of the City of Ocean Shores to amend OSMC 1.12.030;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No. 905809, as codified in OSMC Chapter 1.12.030 is amended to read as follows: 1.12.030 Request—Form. All persons desiring to inspect or receive a copy of any public record of the city must make their request in writing, directed to the Ocean Shores City Clerk or designee. Public records request forms are available through the City Clerk’s office. Photocopies of records requested shall be made and provided by the city upon payment (cash or check only) of the following fees to cover the cost of photocopying and reproduction:

A. Fifteen cents per page photocopied.for each page photocopied, the city clerk may require a ten percent deposit of the estimated cost.

B. Ten cents per page scanned into electronic format.Two dollars for certification or verification of each document requested. C. Five cents for each four files or attachments provided by electronic

delivery.Blueprints, DVDs, CDs, audio tapes, or other forms of production at actual reproduction cost.


of 2 Ordinance No. 905

D. Ten cents per gigabyte of electronic records transmission.Mailing or shipping costs shall be charged to requestor at actual cost. E. Scanning documents to electronic media shall be charged at dollars per

hour, or portion thereof, the minimum fee shall be two dollars.Actual costs of storage, media, container, envelope, postage and delivery charges.

F. Charges can be combined if more than one type of charge applies. G. The City Clerk or designee may require a ten percent deposit of the

estimated cost.

Section 2. This Ordinance shall take effect thirty (30) days after the date of publication.

THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this 11th 19th day of February 2019December 2011.

_________________________________ Crystal L. Dingler, Mayor

ATTEST: Diane J. Foss, CMCAngela Folkers, Finance Director/City Clerk APPROVED AS TO FORM:REVIEWED AND APPROVED BY: Arthur A. Blauvelt IIIBrent Dille, City Attorney


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0 Paper and per page cost for

SUAR:S OPIES DERPULIREODACT .5AGENCYOPTIONS PURSUANTTO EH8 1595 (CHAP.304, LAWS OF 2017)

CHARGING

ACTUALCOSTS

Agency can charge itsactual costs directlyincident to copyingincluding:

use of agency CopyingequipmentElectronic production or filetransfer of the record

Use of any cloud-baseddata storage andprocessing serviceCosts directly incident to

shipping including postageor delivery charges and cost

of container or envelope ‘

Costsof transmitting therecords in electronic formatincluding the cost of anytransmission charge anduse of any physical mediadevice provided by agency.

REQUIREMENTS:(1) Agency must have astatement of the factorsand manner it used to

determine actual costs.

Per page costs cannot Eexceed actual costs. {(2) Can charge actual costs

in the statement only afternotice and a publichearing.(3) Use the most

reasonable cost~efficientmethod available at theagency as part of normaloperations. a(4) Cannot include staffsalaries, bene?ts or othergeneral administrative oroverhead unless directlyrelated to actual costs of Icopying. Can include stafftime to copy and send therecords.(5) Cannot charge for I

records routinely postedon website unlessrequester asks for copiesthrough other means.RCW42.56.070(7)(a) and(b); RCW42.56.120(1) andl2)lal and le) i

i

Agency can assesscosts per the statutory

fee schedule:0 15 cents/page paperI 10 cents/page scanned

into electronic format0 5 cents/4files or

attachments andprovided by electronicdelivery10 cents/gigabyte ofelectronic recordstransmissionActual costs of storagemedia, container,envelope;postage/deliverycharge

Charges can becombined ifmore thanone type of chargeapplies.

REQUIREMENTS:(1) Agency must have arule or regulationdeclaring the reasonscalculating actual costs

would be undulyburdensome.(2) Use the most

reasonable cost-

efficient methodavailable at the agencyas part of normaloperations.(3) Cannot charge forrecords routinelyposted on websiteunless requester asksfor copies throughother means.

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CHARGINGI

ALTERNATIVEFLATFEE

Agency can charge Agency can do an Agency can charge Agency canalternative flat fee of alternative fee up to actual costs waive chargesup to $2 for a request arrangement, or in for providing (fees).(rather than actual response to customized accesscosts or default fees). voluminous or services.

frequently occurringrequests.

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REQUIREMENTS: REQUIREMENT: REQUIREMENTS: REQUIREMENT:(1) Agency must Agency is to have a (1) Agency estimates Agency mayreasonably estimateand document thatthe costs are clearly

; equal to or more9 than $2.g(2) An additional flat

fee or statutorydefault fee cannot beassessed after firstinstallment ($2 is thelimit for the entirerequest).(3) Cannot charge forrecords routinelyposted on websiteunless requester asksfor copies throughother means.

RCW42.56.120(2)(b). IRCW(c) and (e) 42.56.120(2)(d) and

(8)

EffectiveJuly 23, 201 7; Summary Only — See Statutes forDetails

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memorandum ofunderstanding orother agreement

with the requester.

RCW42.56.120(4)

that the request

would require use ofinformationtechnology expertiseto prepare datacompilations, orprovide customizedelectronic accessservices when suchcompilations andcustomized access

services are not used’ by the agency for

other purposes.(2) Agency must giverequester estimateand otherinformation. Seestatute.

RCW42.56.120(3)and (4)

waive charges(fees) pursuant

to its rules andregulations.

RCW42.55.12o(4)

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"August7;201}


11-14-07 updated


------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: February 11, 2019 SUBJECT: A request of the City Council of the City of Ocean Shores, Washington, authorizing the acceptance of a National Criminal History Improvement (NCHIP) Grant. CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS XXX REQUEST STUDY SESSION XXX NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Washington State Patrol Subrecipient and Interlocal Agreement SUMMARY/BACKGROUND: The City of Ocean Shores Personnel Manual requires Council action prior to the acceptance of any awarded grant. The City of Ocean Shores Police Department has received a National Criminal History Improvement Grant through Washington State Patrol for a LiveScan fingerprinting system. The term of the grant is January 1, 2019 through December 31, 2019 and the maximum project cost is $22,674. The federal grant award is $20,407 and the City’s required match is $2,267. We are requesting Council’s approval to accept this grant award.

EXPENDITURE AMOUNT: $22,674; $20,407 (Federal reimbursable) & $2,267 (10% City match) AMOUNT BUDGETED: $0 BUDGET MODIFICATION REQUIRED: Yes STAFF RECOMMENDATION: Approval MAYOR'S RECOMMENDATION: Approval PRESENTED BY: Neccie Logan, Police Chief



6. Request A Request of the City Council of the City of Ocean Shores, Wa... of 59

FY18 NCHIP Subrecipient Award Page 1 of 11

WASHINGTON STATE PATROL SUBRECIPIENT AGREEMENT

National Criminal History Improvement Program (NCHIP) Grant Fiscal Year 2018

WSP Contract No. K14505

Other Contract No.

This Agreement is between the State of Washington, Washington State Patrol and the Public Agency identified below for the purposes of the grant named above. PUBLIC AGENCY NAME City of Ocean Shores Police Department

Statewide Vendor Registration Number SWV0019429-02

Public Agency Location Address 577 Point Brown Ave NW Ocean Shores WA 98569

Public Agency Mailing Address (if different from location address)

PO Box 909 Ocean shores WA 98569 Public Agency Contact Name Ms. Sarah Bisson Grant Coordinator & Development Officer

Public Agency Data Universal Numbering System (DUNS)

20256061

Public Agency Contact Telephone 360-940-7487

Public Agency Contact E-mail Address [email protected]

WSP Contact Information WSP Grant Project Manager Name and Title Ms. Deborah Collinsworth WSP CRD Section Manager

WSP Project Manager Address WSP Criminal Records Division PO Box 42619 Olympia, WA 98504-2619

Telephone (360) 534-2102

Fax (360) 534-2070

E-mail Address [email protected]

WSP Administrative Contact Name and Title Ms. Blessing Guillermo Contract Specialist

WSP Administrative Contact Address WSP Budget and Fiscal Services PO Box 42602, Olympia WA 98504-2602

Telephone (360) 596-4036

E-mail Address [email protected] Federal Assistance Information

Is the Public Agency a subrecipient of federal assistance for the purposes of this agreement? Yes No

CFDA Number(s) 16.554

Federal Grant Award Name National Criminal History Improvement Program (NCHIP) Grant

Federal Grant Award Number 2018-RU-BX-K029

Is this agreement funded by a federal award for research and development? Yes No

Federal Award Year 2018

Agreement Start Date January 1, 2019

Agreement End Date December 31, 2019

Maximum Agreement Amount Project Cost: $22,674.00 Federal $ 20,407.00 Local $ 2,267.00

This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authority to enter into this Agreement.

FOR THE WASHINGTON STATE PATROL: FOR THE PUBLIC AGENCY: WSP Signature Date Public Agency Signature Date

Printed Name and Title John R. Batiste, Chief

Printed Name and Title

APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 12/9/10


mailto:[email protected]


WSP INTERAGENCY AGREEMENT (Continued)


1. Definitions.

“Agreement” means this Interagency Agreement, including all documents attached or incorporated by reference. “Equipment” means an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals the lesser of (a) the capitalization level established by the governmental unit for financial statement purposes, or (b) $5,000. “NIJ” means the National Institute of Justice of the U.S. Department of Justice, the grantor of National Criminal History Improvement Program (NCHIP) Grant funds. “Public Agency” means the entity performing services to this Agreement and includes the Public Agency’s officers, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Public Agency shall not be considered an employee or agent of WSP. “WSP” means the State of Washington, Washington State Patrol, and its officers, directors, trustees, employees and/or agents.

2. Statement of Work. The Public Agency shall perform the services as set forth in the attached

Exhibit A, Statement of Work.

3. Special Terms and Conditions. In addition to the terms contained in this Agreement, the Public Agency shall comply with the terms and conditions contained in Exhibit B, Special Terms and Conditions, which is attached hereto and incorporated herein.

4. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum Agreement

Amount specified on Page 1 of this Agreement, minus any matching requirements held by the Public Agency as specified in this Agreement.

5. Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of

Work, for work performed to the satisfaction of the WSP Project Manager. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted not more often than monthly to the WSP Project Manager. The invoice must include the following: a. description of the work performed b. activities accomplished c. progress of the project d. fees and expenses f. match amount as well as amount requested for reimbursement g. a copy of the Public Agency’s property record which includes the tag number that is assigned

to the equipment h. reference to WSP’s agreement number. The Public Agency shall submit the final invoice no later than forty-five (45) calendar days from the Agreement End Date.

6. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend

this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Public Agency.

7. Assignment. The work to be provided under this Agreement, and any claim arising thereunder,

is not assignable or delegable by either party in whole or in part, without the express written consent of the other party.




8. Certification regarding Debarment, Suspension or Ineligibility. If federal funds are the basis for this Agreement, the Public Agency certifies that neither the Public Agency nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. If requested by WSP, the Public Agency shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Public Agency for this Agreement shall be incorporated into this Agreement by reference. Further, the Public Agency agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs" which can be found at www.sam.gov.

9. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws.

10. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a

Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding to all parties to this Agreement.

11. Federal Funding Accountability and Transparency Act. In order to comply with the Federal Funding Accountability and Transparency Act, the Public Agency shall provide to WSP the following information:

a. The Public Agency’s Data Universal Numbering System (DUNS) unique identifier;

b. The names and total compensation of the five most highly compensated officers of the Public Agency if the Public Agency in the preceding fiscal year received (i) 80 percent or more of its annual gross revenues in Federal awards; and (ii) $25,000,000 or more in annual gross revenues from Federal awards; and (iii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; and

c. Other relevant information specified by the U.S. Office of Management and Budget in subsequent guidance or regulation.

12. Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP

harmless for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the acts or omissions of WSP and its subcontractors.

13. Independent Capacity. The employees or agents of each party who are engaged in the

performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

14. Inspection; Maintenance of Records. During the term of this Agreement and for one year

following termination or expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency’s place of business and records to WSP and any other employee or agent of the State of Washington or the United States of America for the purpose of inspecting the Public Agency’s place of business and its records, and monitoring, auditing and evaluating the Public Agency’s performance and compliance with applicable laws, regulations, rules and this Agreement.

During the term of this Agreement and for six years following termination or expiration of this Agreement, the Public Agency shall maintain records sufficient to document (i) performance of all




acts required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public Agency’s statement of its organization’s structure, tax status, capabilities and performance; and (iii) demonstrate accounting procedures, practices and records which sufficiently and properly document the Public Agency’s invoices to WSP and all expenditures made by the Public Agency to perform as required by this Agreement.

15. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, or

between its terms and any applicable statute or rule the inconsistency shall be resolved by giving precedence in the following order to:

Applicable federal and state law, regulations and rules; This Agreement; Exhibit A, Statement of Work Exhibit B, Special Terms and Conditions Any other provision of this Agreement Any document incorporated by reference.

16. Personnel. WSP personnel performing work under the terms of this Agreement shall be under

the direct command and control of the Chief of WSP or designee, and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee.

17. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn,

reduced or limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate this Agreement by providing written notice to the Public Agency. This termination shall be effective on the date specified in the notice of termination.

18. Severability. If any provision of this Agreement or any provision of any document incorporated

by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable.

19. Single Audit Act Compliance. If the Public Agency is a subrecipient and expends $750,000 or

more in federal awards from any and/or all sources in any fiscal year, the Public Agency shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the Public Agency shall: (1) Submit to the WSP contact person the data collection form and reporting package specified

in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable), and a copy of any management letters issued by the auditor;

(2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs..

20. Statewide Payee Registration. The Public Agency is required to be registered as a Statewide

Payee prior to submitting a request for payment under this Agreement. The Washington State Department of Enterprise Services (DES) maintains the Statewide Payee Registration System; to obtain registration materials go to: http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx.

21. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may

subcontract for any of the services provided under this Agreement with the prior, written approval of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor.




22. Termination. Except as otherwise provided in this Agreement, either party may terminate this

Agreement upon thirty (30) calendar days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination

23. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude

that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement.



Exhibit A

STATEMENT OF WORK 1. Introduction. The purpose of this Agreement is to provide Fiscal Year 2018 (FY18) National

Criminal History Improvement Program (NCHIP) grant funds to the Public Agency in order to increase the number of fingerprint submissions sent to and received by the state repository.

2. Scope of Work. As on the Public Agency’s FFY2018 NCHIP application, the Public Agency shall

purchase and install one Livescan device along with associated equipment and other costs as described in the Project Budget section.

3. Project Budget. WSP shall reimburse the Federal Share of the following budget:

Category Item Cost Equipment Livescan $ 8,995

Workstation desktop/monitor $ 2,046

Cabinet $ 4,792

Camera $ 477

Mugshot kit $ 90

FBI Certified Kit $ 950

Printer Trays $ 825

Equipment total: $ 18,175

Contracts Software, Licensing and Maintenance $ 2,232

Implementation $ 2,267

Contracts total: $ 4,499

Total Project Cost $ 22,674 10 percent Public Agency Match Amount $ 2,267 Federal (Reimbursable) Amount $ 20,407

Indirect may be charged for total direct costs. As a local government, the Public Agency is required to prepare and retain its indirect cost proposal on file for review. If applicable, Public Agency shall use the approved federally recognized indirect cost rate negotiated between the Public Agency and the Federal Government or, if no such rate exists, either a rate negotiated between the WSP and the Public Agency, or a de minimis indirect cost rate as defined in 2 C.F.R. 200.414(f). The Public Agency Match may only be for allowable grant expenses. It is the Public Agency’s responsibility to maintain records of the expenses used for match. Expenditures may only occur within the categories listed above. However, changes of up to 10% can be made without prior approval from WSP. Changes that exceed 10% will require the Public Agency to submit a budget change request to WSP for approval.

4. Equipment Management.

a. Automated Fingerprint Identification System (AFIS) Equipment. Any AFIS equipment purchased under this award will conform to the American National Standards Institute (ANSI) Standard, “Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information (ANSI/NIST-ITL 1-2007 PART 1) and other reporting standards of the FBI.



b. Title to Equipment. Upon successful completion of the terms of this Agreement, all equipment purchased by the Public Agency with Agreement funds will be owned by the Public Agency, or a recognized subrecipient for which a contract, subgrant agreement, or other means of legal transfer or ownership is in place.

c. Use of Equipment. The Public Agency, or a recognized subrecipient, shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of the equipment, including all questions of liability.

d. Equipment Records. The Public Agency shall maintain Equipment records that include: a description of the Equipment; the manufacturer's serial number, model number, or other identification number, including the tag number; the source of the Equipment, including the Catalog of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the Equipment and the percentage of federal participation in the cost; the location, use and condition of the Equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the Equipment. Equipment records shall be retained by the Public Agency for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Public Agency until all litigations, claims, or audit findings involving the records have been resolved. A copy of the Public Agency’s record showing the above information of the purchased equipment is required when requesting reimbursement for the equipment.

e. Inventories. The Public Agency shall take a physical inventory of the Equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Public Agency to determine the cause of the difference. The Public Agency shall, in connection with the inventory, verify the existence, current utilization, and continued need for the Equipment. The Public Agency shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. The Public Agency will develop adequate maintenance procedures to keep the property in good condition.

f. Disposition of Equipment. If the Public Agency is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal agency, disposition of the equipment will be made as follows:

• Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Public Agency with no further obligation to the awarding agency.

• Items of equipment with a current per-unit fair market value of more than $5,000 may be retained or sold and the Public Agency shall compensate the U.S. Department of Justice for its share.

5. Reports.

a. Semi-Annual Reports. The Public Agency shall submit to the WSP Project Manager semi-annual progress reports within 15 calendar days after the end of the reporting periods, which are January 1 - June 30 and July 1 - December 31, for the life of this Agreement.

b. Final Report. The Public Agency shall submit a final report to the WSP Project Manager at

the end of this Agreement documenting all relevant project activities during the entire period of support under this Agreement. This report will include a summary and assessment of the



program carried out with this Agreement. The final report is due no later than 30 days following the close of the Agreement.



Exhibit B

SPECIAL TERMS AND CONDITIONS 1. Federal Funding.

A. The Public Agency may not obligate, expend or draw down any funds under this award until

WSP receives notice that the federal funds hold has been removed. WSP shall notify the Public Agency when funds hold have been lifted.

B. Federal funds under this award will be used to supplement but not supplant local government funds.

C. If Public Agency has other active awards of federal funds or receives other federal awards during the period of performance for this award that are to be used in part or in whole for identical costs for which funds are provided under this award, the Public Agency shall promptly notify WSP in writing of potential duplication. If so requested, Public Agency must seek budget or project modification to eliminate inappropriate duplication of funding.

D. This subaward is not for Research and Development (R&D) purpose.

2. Part 200 Uniform Requirements. The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the Part 200 Uniform Requirements) apply to this FY 2018 from OJP.

3. Financial Guide. The Public Agency agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide.

4. Personally Identifiable Information (PII) Requirement. The Public Agency must have written procedures in place to respond in the event of an actual or imminent “breach” (OMB M-17-12) if it creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of “personally identifiable information (PII)” (2 CFR 200.79) within the scope of an OJP grant-funded program activity, or 2) uses or operates a “Federal information system” (OMB Circular A-130). The Public Agency’s breach procedures must include a requirement to report actual or imminent breach of PII to WSP no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

5. Procurement contract exceeding $150,000. Public Agency are obtain pre-approval from WSP for any procurement contracts that are in excess of $150,000.

6. Requirements pertaining to prohibited conduct related to trafficking in persons. The Public Agency must comply with all applicable requirements pertaining to prohibited conduct related to the trafficking of persons. Requirements and further details are posted on OJP website at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm and are incorporated by reference here.

7. Equal Employment Opportunity Plan. The Public Agency acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if Public Agency is required to submit one pursuant to 28 C.F.R. Section 42.302) that is approved by the Office for Civil Rights, U.S. Department of Justice, may result in suspension or termination of funding, until such time as the Public Agency is in compliance.

8. Lobbying. The Public Agency understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government.

9. Federal False Claims Act. The Public Agency must promptly notify WSP of any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other


https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm


person has either 1) submitted a false claim for Agreement funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Agreement funds.

10. Performance Measures. The Public Agency agrees to provide performance related data, as outlined in the program announcement to be used to measure the results of the project.

11. Withholding Funds. The Public Agency understands and agrees that funds may be withheld (including funds under future awards), or other related requirements may be imposed, if the required information is not submitted on a timely basis. Funds may also be withheld if the Public Agency fails to satisfactorily and promptly address outstanding issues from audits or investigations or reviews of DOJ awards.

12. Consultant Rates. Approval of this Agreement does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by WSP prior to obligation or expenditure of such funds.

13. Environmental Laws and Regulations. The Public Agency agrees to comply with all federal, state, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this Agreement.

14. Text Messaging While Driving. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), NIJ encourages recipients and sub recipients of Agreement funds to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this Agreement, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

15. Subrecipients.

A. General. If the Public Agency is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Public Agency shall:

(1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal. Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity;

(2) Maintain internal controls that provide reasonable assurance that the Public Agency is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs;

(3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards;

(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Public Agency and its Subcontractors who are subrecipients;

(5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and

(6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 54. (Go to www.ojp.usdoj.gov/ocr/ for additional information and access to the aforementioned Federal laws and regulations.)



B. “High Risk” Designation. If the Public Agency is designated a “high risk” by a federal grant-making agency outside of DOJ during the course of this award, the Public Agency must disclose the fact to WSP.

C. Overpayments. If it is determined by WSP, or during the course of a required audit, that the Public Agency has been paid unallowable costs under this or any Program Agreement, WSP may require the Public Agency to reimburse WSP in accordance with 2 CFR Part 200.


11-14-07 updated


------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: February 11, 2019 SUBJECT: City Business License for Taxi Service CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS XXX REQUEST STUDY SESSION XXX NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Email from Abby Cabby Inc., Copy of City Business License Application, and OSMC Chapter 5.08 SUMMARY/BACKGROUND: Abby Cabby Inc. has submitted an application to operate a taxicab service in Ocean Shores. Ocean Shores Municipal Code Chapter 5.08 requires that this license application come before the City Council for approval. EXPENDITURE AMOUNT: $0 AMOUNT BUDGETED: $0 BUDGET MODIFICATION REQUIRED: N/A STAFF RECOMMENDATION: Approve issuance of business license. MAYOR'S RECOMMENDATION: Approve issuance of business license. PRESENTED BY: Angela Folkers, Finance Director




From: Abby CabbyTo: Angela FolkersSubject: Fw: Abby Cabby, Inc.Date: Tuesday, January 15, 2019 9:17:49 AM

----- Forwarded Message -----From: Abby Cabby <[email protected]>To: [email protected] <[email protected]>Sent: Monday, January 14, 2019, 1:51:35 PM PSTSubject: Abby Cabby, Inc.

Dear Angela, Thank you for giving us this opportunity. We here at Abby Cabby, Inc., look forward doing business inOcean Shores. We travel to Ocean Shores several times a week. We have stopped and talked to local businessowners and the general public. We have been urged to have a taxi in your city on a full time basis. Wesee this as an mutual opportunity for both your community and our company and would like to serviceyour area. We started in July of 2017 and have not closed since. We are open 24/7/365. We are a vendor of AAAof Washington, have accounts with many local businesses such as Grays Harbor Community Hospital,Airlift Northwest and many more. We are also a member of Grays Harbor Chamber of Commerce. All ofour drivers have gone through the Washington State Patrol background check for the city of Aberdeen, aswell as Hire Right for AAA. Our taxis have all been inspected by officer Wayne Schmidt of the AberdeenPolice Dept. and comply with all state and local ordinances, licenses and insurance laws. We would be honored to be a part of your growing community. We are in negotiations with a resident ofOcean Shores to be one of our first taxi drivers out there. Thank you for considering Abby Cabby, Inc.

References:Tim Alstrom, City Councilman, Ward 3, AberdeenWayne Schmidt, Aberdeen Police DepartmentLarry Kohl, Director at Grays Harbor Community Hospital

Please let us know if you have any questions or need any additional information. We would like to beon the City Council docket for January 28. We have all documentation and are ready to go with thecouncil's approval.

Sincerely, Jo Koehn, Owner Jim Monroe, Manager Abby Cabby, Inc.




‘\_..

CITY OF OCEAN SHORES APPLICATION FOR BUSINESS LICENSEBUSINESS LICENSE OFFICE (Per Ocean Shara Ordinance No. 818

City HallP.O. Box 909 Yea’ Ending JUNO-

Ocea” 5“°’€5v WA 98559 LICENSE FOR FISCAL YEARJULY-JUNE

360-289-2488 DUE June 30th

‘ All items must be completed or appllwtion will not beaccepted. Print or type)

' Retum application with payment to Business License Of?ce.

DBA (IF APPLICABLE) BUSINESS PHONEI

I goo/eao~

IDESCRIPTIONOF“BUSINESS

”fi8"3?t?£~'43:2kitI’.\

‘it;im Tim.‘ThisApplication is: Expiration Date

EMERGENCY CONTACT PHONE

BUSINESS LICENSE FEES

Established by Ocean Shores Resolution No. 687

All business license feesare Fifty dollars ($50) per year, and an additional fifty dollars ($50) for any necessary Fire Departmentinspections.

Fire InspectionRequired: Date of Inspection: C°mme”t5:

Yes No

Fire Department Approved: Initials:

initials_*

Yes __ No_:

This Business License is issued for the location and description of businesses listed above only. The Business License is not transferable. If you have more than onebusiness cperaling under a different name or at a different location. a separate business license is required. You may apply for ajotnt license if you are engmed intwo or more businesses at the same location. The City of Ocean Shores Municipal Code, Title 5 imposes a business and occupation tax upon every personengaged ina taxable business In the City.

Prornollv noli?x the Business License Department prior to any chances in location or business tyne.

provisions of applicable City of Ocean Shores ordinances.

We #7 I V/WM’I hereby certify that mestatements furnished by me on this application are true and complete tom mykn l ge and belief.and that I will comply with the

I/‘

DO NOT WRITE BELOW THIS LINE/Signature

Penalties will assess as follows for late business license renewals after June 30th of eachyear.

5%penalty from 7,15 .315V

15% penalty from 916 — 19/15 25% penaltyfrom 11/16 — 12/31% penalty from 5/11: - 9/13 20% penalty from 10/to - 11/15

Approved by:

Bldg. Dept Fire Dept License No.

Police Dept Planning Dept Cash: Check No:

Amount Paid: Date IssuedReceiptNo:_. _-,.-. . _ , .. . _ _,

W

7

Date Redd by Licensing Dept


Chapter 5.08 TAXICABS http://wwwcodepublishing.com/WA/OceanShores/html/OceanShoresO5...

Chapter 5.08TAXICABS

Sections:

5.08.010 License required.

5.08.020 Application.

5.08.030 Duration.

5.08.040 Fee.

5.08.050 Liability insurance.

5.08.060 Violation—Penalty.

5.08.010 License required.

It is unlawful for any person or persons to operate in the city any taxicab without ?rst securing a license

therefor from the city as provided for in this chapter. (0rd. 100 § 1, 1973)

5.08.020 Application.

Applications for the license for such taxicabs shall be made in writing to the city clerk/treasurer. The city

clerk/treasurer shall present each such application to the city council at its next regular meeting and, after

investigation and consideration, the council shall direct or refuse the issuance of licenses. (0rd. 100 § 2,

1973)

5.08.030 Duration.

No such license shall be issued for a longer period than one year from the date thereof and in any event the

same shall expire on the thirty-?rst of December of the current year. (0rd. 100 § 3, 1973)

5.08.040Fee.

The fee for the license provided for in this chapter shall be tvventy-?ve dollars for each calendar year, or part

thereof, for each taxicab. (0rd. 100 § 4, 1973)

5.08.050 Liability insurance.

Every such taxicab shall at all times be kept in a clean, neat and orderly condition and in good repair, and the

operator thereof shall carry liability insurance in limits as follows:

Property Damage Public Liability

Each Person Each Accident

$25,000.00 $100,000.00 $300,000.00

(0rd. 638 §1,1998:Ord.100§5,1973)

5.08.060 Violation—Pena|ty.

In the event any taxicab is used for any unlawful purpose or in the event of any violation of any provision of

this chapter by the operator thereof, the license for such taxicab may be cancelled and any person violating

any provision of this chapter shall be guilty of a Class C offense as de?ned in Title 7 of this code. (0rd. 281

§ 3 (part), 1979: 0rd. 100 § 6, 1973)


11-14-07 updated


------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: 11 Feb 2019 SUBJECT: Wetland Delineation and Topographic Survey CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS XXXX REQUEST STUDY SESSION XXXX NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: A Request for City Council to approve an agreement with GeoEngineers SUMMARY/BACKGROUND. GeoEngineers worked with the City to scope the Firebreak/Trail Project 2 years ago. Now, following purchasing guidelines, we are asking them to work with us to delineate the wetlands, plan, complete a field assessment and subcontract the topographic surveying the trail area and the space along both sides of the proposed firebreak/trail. EXPENDITURE AMOUNT: $80,990/year AMOUNT BUDGETED: $81,000 BUDGET MODIFICATION REQUIRED: NO STAFF RECOMMENDATION: RECOMMEND APPROVAL MAYOR'S RECOMMENDATION: RECOMMEND APPROVAL PRESENTED BY: MAYOR, CRYSTAL L. DINGLER




GEOENGINEERig1101 S. Fawcett Avenue, Suite 200

Tacoma, Washington 98402253-383-4940

January 25, 2019

Cityof Ocean ShoresPO Box909585 Point BrownAvenue NWOcean Shores, Washington 98569

Attention: Mayor Crystal Dingler

Subject: ProposalWetland Delineationand Topographic SurveyFirebreakTrail, Phases 1 and 2Ocean Shores, WashingtonFile No. 263400802

Thank you for selecting GeoEngineers to provide wetland delineation and topographic survey services tothe City of Ocean Shores (City) in support of the Firebreak Trail project. We are excited to have thisopportunity to continue to provide our services in support of this important public infrastructureproject!Because GeoEngineers previously provided a feasibility study and preliminary wetland veri?cation insupport of the project, we are well-positioned to move fonrvardto the next stage of project developmentboth rapidly and ef?ciently.

Our understanding of the current project objectives is based primarilyon an in-person meeting held at CityHallon January 14, 2019. In attendance were Ocean Shores representatives, Mayor Dingler and PublicWorks Director Nicholas Bird, and GeoEngineers representatives, Joe Callaghan and David Conlin. Weunderstand that the Citycurrently has funding allocated to provide design, permitting and construction of“Phase 1" of the project, which is the segment from Damon Point Road to Chance a la Mer. The servicesspeci?cally requested of GeoEngineers were to complete a wetland baseline assessment, delineation andreport, as well as to provide Professional Land Survey (PLS) as a sub-contracted service, to includetopographic survey and wetland flagging. We also understand that the City may be in a position to movefonrvardwith “Phase 2" of the project, which is the segment from Chance a la Mer to Paci?c Avenue, in thenear future. Therefore, we have been requested to provide a cost estimate to provide the same servicesfor Phase 2, separately, as well as a cost estimate to do both phases at one time.

SCOPE OF SERVICES

The following scope of services can apply to Phase 1 or Phase 2, separately, or can be applied to bothphases at one time. Separate cost estimates for each option are provided in the next section of this


-. l 1 '

l

I‘

4. .r '

City of Ocean Shores January 25. 2019 Page 2

proposal. However, the scope of services would remain the same regardless of the option selected. Tocomplete the baseline wetland assessment, GeoEngineers would:

1. Review the Feasibility Study and Preliminary Wetland Verification reports previously prepared byGeoEngineers, as wellas review relevant public databases, such as the NationalWetlands InventoryReport, and other available studies as applicable.

2. Work withthe Cityto define a wetland study area; a preliminarystudy area is proposed on the attachedmap (Proposed Study Limits,Figure 1), which has been used as a basis for estimating the levelof effortto complete our scope of work. The proposed study area has been designed to accommodate theproposed alignment, including the area surrounding the alignment within which wetlands may belocated that could have buffers impacting the project, as well as some additional areas to allow forpotential route alternatives and trailhead improvements. The study areas as currently depicted are25 acres for Phase 1 and 34 acres for Phase 2.

3. Complete a ?eld wetland assessment and delineation throughout the study area. Wetland delineationwill be completed in accordance with the applicable federal delineation manual and regionalsupplement for the Western Mountains, Valleys and Coast. GeoEngineers willload prior wetland data,high resolution aerial photographs and study area limits onto a GlS- and GPS-enabled?eld tabletcomputer for use in the ?eld whilecompleting the wetland delineation. We willplace ?agging markingeach wetland boundary within the study area for subsequent PLS.GeoEngineers willalso collect fielddata and observations suitable to document the wetland delineation parameters in accordance withthe federal manual, and to rate the wetlands in accordance with the Washington State WetlandRatingSystem for Western Washington.

4. Generate a project basemap, includinga topographic survey and wetland boundary survey. Survey willbe subcontracted to a licensed PLS. As discussed with you during a follow-up phone call onJanuary 18, 2019, Berglund, Schmidt & Associates, Inc. has proposed the following approach fortopographic survey:

a. The topographic survey will be limited to a 50-foot-widearea around the proposed trailalignment; wetland boundary survey willencompass the study area.

b. Topography will be generated by combining a project-speci?c Lidar dataset obtainedthrough an aerial flight withexisting orthographic photo and Lidardatasets, as wellas ?eld-generated control work. This represents a cost-effective strategy for obtaining topographyovera broad area with many undulations at a micro-topographic sale. The aerial ?ight willcover the entire project area and is only needed one time; therefore, this cost is includedin the Phase 1 budget estimate or the Phase 1+2 budget estimate, but is not included inthe Phase 2 costs, if the phases are completed separately, because it will have alreadybeen obtained during Phase 1.

c. The basemap will also include upland parcel ownership and the 2012 SeashoreConservationLine managed by the Washington Department of Natural Resources.

5. Prepare a wetland delineation report. The report will include a description of the methods used todelineate wetlands, wetland rating information, baseline wetland conditions, wetland buffers,supporting datasheets and forms, and accompanying graphics and illustrations. This report will besuitable for permit submission in support of a Shoreline Substantial Development permit, criticalareas

GEoENGINEEns_Q‘File No. 2634-00802


City of Ocean Shores January 25, 2019 Page 3

approval, and/or other state and federal approvals, if needed. The report willnot include impactanalysis or mitigation planning, whichcan be provided through contract amendment as applicable.

6. Providethe wetland delineation report as an electronic PDFand the topographic and wetland boundarysurvey in both portable document format (PDF) and raw computer aided drafting and design (CADD)data format for use by the Cityto plan, design and permit the project.

TERMS, FEE ESTIMATE,ANDSCHEDULE

We are in a position to begin work within a couple of weeks after receiving your authorization to proceed.March is a particularly good time to complete wetland delineations in the interdunal coastal areas. Ourservices willbe completed in accordance with the terms described in our General Conditions, which areattached and form a part of this proposal. Please review our General Conditions carefully and advise us ifyou have any questions or desire to modify the terms of our agreement. We willendeavor to keep youapprised of project status and conditions that may signi?cantly affect our scope and estimate.

The estimated fee for our services will be determined using the rates contained in our 2019 StandardSchedule of Charges, which also is attached as part of this proposal. The total estimated fees for the workdescribed above is presented in Table 1, below.

.'§'.:;°°‘Planning/Coordination $2,990 $2,990 $4,550

FieldAssessment $11,300 $13,820 $23,980

Wetland Report $10,010 $10,010 $14,770

Project Management $3,550 $3,640 $4,280

Survey (sub-contracted) $19,090 '

$8,630 $27,720

:>r<:i:rc1:e;$():i)leage,per diem, ?eld supplies and other associated$2,940 $3440 $5740

Total $ 49,880 8 42.530 $ 80,990

There are no intended third-party bene?ciaries arising from the services described in this proposal and noparty other than the party executing this proposal shall have the right to legally rely on the product of ourservices without prior written permission of GeoEngineers.

GEoENGlNEER§?File No. 2634-00802


City of Ocean Shores January 25, 2019 Page 4

This proposal is valid for a period of 60 days commencing from the first date listed above and subject torenegotiation by GeoEngineers, |nc., after the expiration date.

Sincerely,GeoEngineers, Inc.

.34? 3 dbDavid B. Conlin, MA,PWS Joe Callaghan, MS, PWSSenior Biologist Associate Wetland Scientist

oacuocnrm

Attachments:

Figure 1. Proposed Study Limits

General conditions — Standard~2018 (rev 01/01/18)

Schedule of Charges—Redmond-Seattle-Tacoma 2019

1 electronic copy submitted

The parties hereto have made. executed and agreed to this Agreement as of the day and year first above written. Bysignature below, Client accepts the scope of services and all terms described herein. In addition, Client's signatureshall constitute as authorization to proceed on the date listed below Client's printed/typed name unless suchauthorization has been otherwise provided in writing.

Cityof Ocean ShoresORGANIZATION ' SIGNATURE

DATE TYPEDOR PRINTEDNAME

“Individual with contracting authority.

ProprietaryNotloe:Tl1econtentsnltlrlsdocumentareproprietarytoGeoEngineers,inc.and are intendedsolelyforuse byollrdlentsandtheirdesign teamsto evaluateGeoEngneers' capabilities and understandingof project requirementsas they relate to periormingthe servicesproposed fora speci?c project.Copies oithls documentor its contentsmaynot be dlsoiosed to anyotherparties withoutthe writtenconsent of GeoErrgineers.

Disclaimer.Anyelectronicfonn, fatsimiieor hardcopyoi‘the orignai document (email, text, table.and/or?gure). Ifprovided.and anyattachmens areonlya copyofthe originaldocument Theoriginaldocumentis stored byGeoEng|neers,inc. and willserveas the officialdocumentof record.

Copyright© 2019 by GeoErrgneers,inc. Allrights reserved.

GEoENGrNEERs?File No. 2634-00802


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GENERALCONDITIONS

Definitions

The words and phrases listed below have the followingmeanings when used inthis Agreement

“Agreement” meansthe complete agreement betweenClientand GeoEngineers.and consists of all of the following:1) The Services Agreement or Proposal,including the Scope of Servicescontained within it; 2) These GeneralConditionsand its attached Schedule of Charges, as applicable: 3) Anydocuments expresslyincorporated by reference into the Services Agreement Proposal or GeneralConditions:4) Any modifitions to this Agreement. if mutually agreed to by theparties in writing.

"client" means the individual(s) or entity that has entered into this AgreementwithGeoEngineers.

“GeoEngineers” meansGeoEngineers. Inc..a Washington corporation, and anyof its employees. officers and directors. GeoEngineers is sometimes referred toas ‘us,’ ‘we’ or ‘our’ throughout this Agreement.

“i-lardous Materials" means any toxic substances.chemicals, radioactivity.pollutants or other materials.in whatever form or state, knownor suspected toimpair the environmentin any waywhatsoever. HazardousMaterials include.butare not limitedto, those substances defined.designated or listed in any federal.state or local law, regulation or ordinanceconcerning hazardouswastes. toxicsubstances or pollution.

“Scope of services" means the sum total of all of our activities and all of theInstrumentsof Service undertaken or provided pursuant to this Agreement.

“Excluded Services" means those services that we are not providing under thisAgreement. which includes any services recommended to Clientand whichClientchooses not to include in ourScope of Services.

Integrated Written Agreement

This Agreement represents the entire and integrated agreement between Clientand GeoEngineers and supersedes all prior communications.negotiations,representations or agreements. either written or oral between the parties. Noagreement or understanding varyingor extending this Agreement shall bindeitherparty. other than by a subsequent written agreement. signed by Client andGeoEngineers.

GeoEngineers has made no promise or inducementsto Clientto enter into thisagreement other that what is explicitlyprovided in the agreement. Clientis notrelyingon any representations made byGeoEngineers outsideof those embodiedin this Agreement.

Conflicts

Anyalteration to these General Conditionsor appended terms and conditions byClientshall be void and not includedas part of this Agreement unless mutuallyagreed to inwritingbyboth parties. Inthe event of con?ict betweenthese GeneralConditionsand any terms appended bythe Clientthatare agreed to bythe partiesand incorporated as part of this Agreement. the terms of these GeneralConditionsshall prevail.

Standard of Care and Warranty DisclaimerGeoEngineers willendeavor to perform its professional services withthat degreeof care and skill ordinarily exercised under similar conditions by professionalconsultants practicing in the same discipline at the same time and location.Nowarranty or guarantee, either express or implied, is made or intended by thisAgreement or by any report. opinion, or other Instrument of Service providedpursuant to this Agreement.

Client Furnished Information and Obligations

Clientwillprovide GeoEngineers with the following:a description of the property:the locations of any underground utilities, facilitiesor structures on or adjacentto the property which could impact our work; and the nature and location of anyknown or suspected hazardous materials that may exist on the property. Clientunderstands that GeoEngineers is not responsible for damages to underground

GeoEngineers, Inc. is an Affirmative Action and Equal Opportunity Employer

GeoEngineers - General Conditions-Standard 2018 (rev O1/O1/18)

utilities.facilities or structures known by Client to exist and not speci?cally orcorrectly identi?ed to us.and Client agrees to indemnify GeoEngineers for thesedamages to the extent provided in the INDEMNIFICATIONsection of theseGENERALCONDITIONS.GeoEngineers is neither responsible nor liable for thecreation.existence, or presence of any hazardous materials, includingasbestos.present at the work site prior to or during the performance of this Agreement.except any hazardous materials generated solely by us, our agents orsubcontractors.

Additionally,the Client shall furnish, at the Client's expense. all information,requirements. reports. data. surveys. and instructions required by thisAgreement. GeoEngineers may use such information.requirements, reports,data. surveys and instructions in performing the services and is entitled to relyupon their accuracy and completeness.

Permits and Agency Arrangement

If included in the Scope ofServices.GeoEng'neers willassist Client inapplying fornecessary permits and licenses. Client may. upon written acceptance byGeoEngineers, designate GeoEngineers as its agent for the purposes of draftingpermit and/or license applications. GeoEngineers’ agencyauthority under thisarrangement shall be limited solely to the completion and submission of thepermit and/orlicenseapplications. GeoEngineers willrely upon data collected byand informationprovided by Client in preparing the applications. GeoEngineersshall not be responsible for errors or inaccuracies contained in data andinformation supplied by Client. Client shall assume full responsibility forreviewing. understanding and signing all permit and license applications draftedby GeoEngineers.

GeoEngineers cannot and does not guarantee that permits or approvals willbe‘issued by the governing authorities.and willnot be subject to any claims, lossesor damages allegedly incurred as a result of Client's failure to obtain thenecessary permits and approvals.

Clientwaives any claim against GeoEngineers relating to errorsor inaccuraciesindata and informationprovided by Clientand permit-related project delays causedby other parties. including. but not limitedto Client.project opponents, andpermitting or licensing agencies.

Rights of Entry

Unlessotherwise agreed to in writing.Clientwillprovide for right of entry and anyauthorizations needed for us to enter upon property to perform our Servicesunder this Agreement.

Surface and Subsurface Disturbance

GeoEngineers will take reasonable precautions to minimize surface andsubsurface disturbance. However, in the normal courseof exploratory worksomesurface disturbance may occur, the restoration of which is not part of thisAgreement unless speci?cally included inour Scope of Services.

Discovery of Hazardous Materials"Unanticipated hazardous materials" are any hazardous materials that may existat the project site. but which this Agreement does not identify as present andwhose existence is not reasonably anticipated. The discovery of unanticipatedhazardous materials will constitute a changed condition that will requirerenegotiation of the Scope of Servicesor terminationof this Agreement.

Thediscovery of unanticipated hazardous materials may necessitate that we takeimmediate protective measures. If we discover unanticipated hazardousmaterials.we willnotify Client as soon as practicable. Basedon our professionaljudgment. we may also implement protective measuresin the ?eld. Clientwillpaythe cost of any such additional protective measures.

Client is responsible for reporting releases of hazardous substances toappropriate government agencies as required by law.

Client waives any claim against GeoEngineers relating to the discovery ofunanticipated hazardous materials and willindemnify GeoEngineers to the extentprovided in the INDEMNIFICATIONsection of these GENERALOONDITIONS.

GEOENGINEERSJ.


GeoEngineers — General Conditions-Standard 2018 lrev o1/o1/13)

Off-site Disposal of Hazardous MaterialsClientacknowledges that GeoEngineers is not and shall not be required to be inany way an ‘arranger’, ‘operator’. or ‘transporter’ of hazardous materials presentor near the project site, as these terms are defined in applicable Federal or StateStatutes. In addition.Clientshall sign all manifests for the disposal of substancesaffected by regulated contaminants.

However, if the parties mutually agree that GeoEngineers sign such manifestsand/or to hire for Client a contractor to transport. treat. or dispose of thehazardous materials, GeoEngineers shall do so only as Client's agent Clientagrees to defend, indemnify, and hold harmless GeoEngineers, its of?cers,directors, employees and agents from any claim. suit, arbitration.oradministrative proceeding, damages, penalties or liability that arise from theexecuting of such manifestson Client's behalf.

Further, GeoEngineers will, at Client's request. help Clientidentify appropriatealternativesfor off-site treatment.storage. or disposal of such substances.butGeoEngineers shall not make any independent determinationabout the selectionof a treatment, storage, or disposal facility.

Unantlclpated and changed ConditionsActual subsurface conditions may vary from those encountered at the specificlocations where GeoEngineers conducts its surveys or explorations. We can onlybase our site data, interpretations and recommendations on informationreasonably available to us. Practicaland reasonable limitationson available datawill result in some level of uncertainty. and therefore risk, with respect to theinterpretation of environmental.geological and geotechnical conditions evenwhen we have followed the standard of care.

The discovery of unanticipated or changed conditions may require renegotiationof the Scope of Services or terminationof services. GeoEngineers reserves theright to solely determine the continued adequacy of this Agreement in lightof anydiscovery of conditionsthat were not reasonably anticipated or knownatthe timeof this Agreement. Ifwedetermine that renegotiation is necessa ry, GeoEngineersand Client willin good faith enter into renegotiation of this Agreement to permitus to continue to meet Client's needs. If Client and GeoEngineers cannot agreeon new terms, we reserve the right to terminate this Agreement and receivepayment from Clientfor all services performed and expenses incurred up to andincluding the date of termination. Underground utilitiesthat are not properlyindicated on plans and speci?cations provided to GeoEngineers by others or notreasonably located by the utility owner will be considered a changed conditionunder this clause.

Site Safety

GeoEngineers will maintain a safety programfor our employees. GeoEngineersspecificallydisclaims any authority or responsibility for general job site safety andfor the safety of persons who are not employed by us. GeoEngineers is notresponsible for the job safety or site safety of the general project and is notresponsible for compliance with safety programs and related OSHAand stateregulations that apply to other entities or persons. Client is independentlyresponsible for requiring that its construction or remediation contractors takeresponsibilityfor generaljob site safety.

construction and Remediation ObservationThe conclusions and recommendations for construction or remediation in ourreports are based on limited sampling and the interpretations of variablesubsurface conditions.Therefore.ourconclusions and recommendations shall bedeemed preliminary unless or until we are requested by Client to validate ourassumptions and finalize our conclusions and recommendations by reviewingpreconstruction design documents and observing actual construction orremediation activities on site. if our Scope of Services does not includepreconstruction plan review and construction/remediationobservation, then anyreliance by Clientor any other party on our preliminary assumptions. conclusionsor recommendations is at the risk of that party and without liability toGeoEngineers.

Ourjob site activities do not change any agreement between Client and any otherparty. OnlyClient has the right to reject or stop work of its contractors or agents.Our presence on site does not in any way guarantee the completion, quality orperformance of the work by any other party retained by Client to provide ?eld orconstruction/remediationservices. We are not responsible for.and do not havecontrol or charge of, the speci?c means, methods, techniques, sequences or

GeoEngineers, inc. is an Affirmative Action and Equal Opportunity Employer

Page 2 of 5

procedures selected by any contractor or agent of Clientor any third party to thisAgreement.

Further, a duty to provide contract administration or contract managementservices may not be imputed from GeoEngineers’ professional actions oraffirmativeconduct when on the job site.

Sample Retention and Disposal

We willdiscard nonhazardous samples 60 days after they are obtained.unlessClient makes prior arrangements to store or deliver the samples. Samplescontaining hazardous materials regulated under federal, state or localenvironmental laws are the property and responsibility of Client. Client willarrange for lawful disposal. treatment and transportation of contaminatedsamples at Client's expense, unless Client makes other written agreementsregarding their disposal.

identification of Other ContaminantsSampling and AnalysisPlans (SAPs)typicallyspecify the contaminants of interest(C0ls) on a site and the standard EPA/stateagencyanalytical methods (StandardMethods) to be used by laboratories for determining the estimated concentrationof such CO|s in soil and water samples. GeoEngineers’ instructionsnotwithstanding, application of Sta ndard Methods byan analytical laboratorymayoccasionally result in the inadvertentidenti?cation of contaminants that are notCols. if in the courseof GeoEngineers’ laboratory data validation review non-Colcontaminants are identi?ed with Col-equivalent data qualityand analytical valuesat or above regulatory action levels, GeoEngineers willdisclose such results toClientwith appropriate recommendations.which may include recommendationsfor reporting to regulatory agencies. Client actions subsequent to any suchdisclosure shall be at Client's sole risk.and client shall indemnify and holdharmless GeoEngineers from any claims, liabilities,damages or costs arisingfromthe discovery of regulated non-C0ls to the extent provided in theINDEMNIFICATIONSECTIONin these GENERALCONDITIONS.

Confidential InformationUnless otherwise agreed to in writing by the parties, each party expresslyundertakes to retain incon?dence, and to require its employees and consultantsto retain in confidence, all data and/or information of the other party that is notgenerally known to the public, whether of a technical.business or other nature,that has been identi?ed as being proprietary and/orconfidentialor that by thenature of the circumstances surrounding the disclosure reasonably ought to betreated as proprietary and confidential ("Confidential Information’). Each partyagrees not to use the Con?dential Informationof the other party except pursuantto this Agreement. The receiving party will not disclose any item of Con?dentialInformationto any person other than its employees. agents or contractors whoneed to know the same in the performance of their duties except as may berequired by law orjudicial order. The receiving party willprotect and maintain thecon?dentiality of all Con?dential Information of the disclosing party withreasonable care, including but not limited to informing all employees, agents orcontractors to whom Con?dential informationis disclosed of the con?dentialityobligations imposed bythis Agreement. Con?dential Informationdoes not includeany data or informationwhich the receiving party can prove (a) was in thereceivingparty's lawfulpossession prior to its disclosureby the disclosing party;(b) is later lawfullyobtained by the receivingparty froma third party not under anobligation of confidentiality; (c) is independently developed by the receiving party;or (d) is. or later becomes.available to the public through no breach of anobligation of con?dentiality. Notwithstanding the foregoing, GeoEngineers mayuse the Client's name and logo in connection with identifying its prior customersand projects. Data and/or informationthat is disclosed due to a party's computersystems being hacked or through other such improper or illegal cyber conduct,including but not limited to phishing and viruses.shall not be considered adisclosure under this paragraph.

instruments of Service and Proprietary MethodologiesReports, ?eld data. laboratory data. analyses, calculations, estimates, designsand other documents prepared by GeoEngineers are instruments of Service andremain our property. We willretain ?nal project records for a period of 20 yearsfrom completion of our services.

Neither Client nor any other party may modify or use the Instruments of Servicefor additions or alterations to this project, or for other projects. or otherwiseoutside the scope of this Agreement, without our prior written permission.GeoEngineers is not responsible for such modi?cation or reuse (unless such

GEOENGINEERSQ


GeoEngineers — General Conditions-Standard 2018 (rev o1/o1/13)

modi?cation or reuse is expressly authorized by GeoEngineers in writing). Clientwill defend, indemnify. and hold GeoEngineers harmless against any claims,damages, or losses relating to such modi?cationor reuse to the extent of theINDEMNIFICATIONsection in these GENERALCONDl'l'lONS.

GeoEngineers grants Clienta limited license to utilizeits Instruments of Servicefor the purposes described in the scope of services.and for maintenance of theProject thereafter, subject to any limitationsexpressed in the Instruments ofService. GeoEngineers may withdrawor terminate that limitedlicense at any timeif Clientfails to comply with this Agreement. including but not limitedto thecircumstancein which Clientfails to timely pay outstanding invoices. Inthe eventthat GeoEngineers withdrawsthe limited license, Client herein acknowledges thatClientis prohibited from using the Instruments of Servicefor any purpose fromthat date forward.GeoEngineers willnot be responsible nor liable.and Clientwillhold GeoEngineers harmless for any damages or injury flowing, or allegedlyflowing.from Client's inability to utilize the Instrumentsof Service as a result ofthe circumstances described herein. Clientherein agrees that injunctive orotherrelief is appropriate if GeoEngineers believes that Client is utilizing theInstrumentsof Service in a manner contrary to this paragraph or as otherwisedescribed in the preceding paragraphs under this Article titled “Instruments ofService and Proprietary Methodologies." This paragraph shall survive thetermination of this Agreement

GeoEngineers may provide Clientwith Instruments of Service that include pre-existing content or data which are generated at least in part by or derived fromproprietary and or patented methodologies and systems. GeoEngineers may alsoapply proprietary and or patented methodologies and systems in ful?lling theterms of this agreement. and may also make temporarily available to Client aworking knowledge of such proprietary and or patented methodologies andsystems during the term of this agreement.

Notwithstandinganything to the contrary, GeoEngineers shall retain ownershipover all intellectual property rights including. but not limited to. inventions,patents, copyrights, know how, trade secrets, and trademarks in suchInstruments of Service and their associated data and in the proprietary and orpatented methodologies and systems. Subject to full payment by Client toGeoEngineers of all amounts owed hereunder and the terms of any licensingagreement between the parties, GeoEngineers grants to Clienta nonexclusive,nontransferable license to use the Instruments of Service. Client shall notdistribute, rent. lease, service bureau.sell, sublicense, or otherwise transfer theInstrumentsof Service or their data or content, unless previously agreed to inwriting by GeoEngineers,and shall notdecompile. reverse engineer. disassemble,reversetranslate.or in any way derive any trade secrets or source code fromtheInstruments of Service. Unless otherwise speci?ed in writingbetween the pa rties.no such Client use of instruments of Service shall give rise to any right in theClientto use the proprietary and or patented methodologies and systems referredto herein. During and only during the term of this agreement, GeoEngineersgrants to Client a nonexclusive, nontransferable license to employ suchproprietary and or patented methodologies and systems as have been disclosedto Client byGeoEngineers pursuant to ful?llingthe terms of this agreement.

Data stored in electronic media format can deteriorate or be modifiedinadvertently or otherwise. when transferring documents in electronic mediaformat.we make no representations as to long-term compatibility, usability, orreadability of documents resulting fromthe use of softwareapplication packages,operating systems, orcomputer hardwarediffering from those used by us.

We shall not be responsible for any alterations, modi?cations or additions madein the electronic data by the Clientor any reuse of the electronic data by the Clientor any other party for this project or any other project without our consent. Clientshall defend. indemnify and hold us harmless against any claims, damages orlosses arising out of the reuse of the electronic data without our written consentand arising out of alterations, modi?cations, or additions to the electronic datamade by anyone other than GeoEngineers to the extent of the INDEMNIFICATIONsection in these GENERALCONDITIONS.

Alldocuments.including the electronic ?les that are transferred by us to Clientare Instruments of Service of GeoEngineers and created for this project only, andno representation or warranty is made, either express or implied. concerning the?les and data.

Billing and Payment

We will bill for our services monthly. Payment is due on receipt of the invoiceunless otherwise agreed to in writing. Client will notify GeoEngineers within 20days of receipt of invoiceof amounts in dispute. Aservice charge of 1-1/2%per


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month shall apply to any undisputed amounts that are more than 30 calendardays pastdue and amounts indispute where Clienthas not notified GeoEngineerswithinthe 20-day period. In addition to any past due amount, Clientwillpay all ofour reasonable expenses necessary for collection of any past due amountsincluding,but not limitedto. attorneys‘ fees and expenses. ?ling fees. liencostsand ourstaff time. Collectionefforts for past due amounts by GeoEngineers shallnot be subject to the DISPUTESclause of these GENERALCONDITIONS.

Payment of invoices shall not be subject to any discounts or set-offsby the Client.unless agreed to in writing by GeoEngineers. Payment to GeoEngineers forservices rendered and expenses incurred shall be due and payable regardless ofany subsequent suspension or termination of this Agreement by either party.Payment to GeoEngineers shall not be withheld, postponed or made contingenton the construction, completion or success of the project or upon receipt by theClientof offsetting reimbursement or credit from other parties.

Adjustment for Increased Costs

GeoEngineers reserves the right to invoice Clientfor additionalcharges incurredin the event of an unanticipated increase in project-related taxes, fees or similarlevies; or if GeoEngineers must modify project-related services, facilities orequipment to comply with new laws or regulations or changes to existing laws orregulations that becomeeffectiveafter execution of this Agreement.

GeoEngineers revises its Schedule of Charges annually. Therefore, we reservetheright to modifyour Schedule of Charges applicable to ourservices ifperformanceof this Agreement extends beyond 12 months, or if changes in the projectschedule result in ourservices extending into the next calendar year.

Scope of Services and Additional Services

Our engagement under this Agreement includes only those services speci?ed inthe Scope of Services. GeoEngineers has no duty to provide services beyondthose explicitly described in the scope ofservices or as may be changed (providedthat such changes do not materially change the original scope). or added via asigned directive by the Client , as described more fully in the next paragraph.Clientunderstands and agrees that GeoEngineers’ scope will not be expandedby, and no duties or responsibilities may be imputed from GeoEngineers’ actionsor affirmative conduct when on site.

if agreed to in writing by the Client and GeoEngineers, GeoEngineers shallprovidethe changed or additional services which shall become part of the Scopeof Services and subject to the terms of this agreement. Such services shall bepaid for by the Client in accordance withGeoEngineers’ then prevailing Scheduleof Charges unless otherwise agreed to in writing by the parties.

Clientagrees it will not hold us liable and expressly waives any claim againstGeoEngineers for 1) not performing additional services that Clientinstructed usnot to perform, 2) not performing additional services that were not speci?callyrequested in writing by Client and agreed to by both parties. 3) not performingrecommended additional services that Client has not authorized us to perform.

Termination of Services

Termination for Cause

Either party may terminate this Agreement upon at least seven (7) days writtennotice. in the event of substantial failure by the other party to perform inaccordance withthis Agreement through no fault of the terminating party. Suchtermination is not effective if the failure is cured before expiration of the periodspeci?ed in the written notice. Upon termination for cause by either party. allinvoicesfor services performed up to the date of termination are immediatelydueand payable.

Termination for Convenience

Either party may terminate this Agreement for convenience upon seven (7) dayswritten notice to the other. In the event that Client requests early termination ofour services for convenience, we reserve the right to complete such analyses andrecords as are necessary to place our ?les in order and to complete a report onthe services performed to date. Charges for these termination activities are inaddition to all charges incurred up to the date of termination. Upon terminationfor convenience by either pa rty, all invoices for services performed up to the dateof termination and termination fees de?ned herein are immediately due andpayable.

GEoENGlNEeRs__Q


GeoEngineers - Genera! Conditions-Standard 2018 (rev o1/o1/13;

Suspension of ServicesIfthe project orGeoEngineers‘ services are suspended by the Clientfor morethanthirty (30) calendar days, consecutive or in the aggregate, over the term of thisAgreement, GeoEngineers shall be compensated for all services performed andreimbursableexpenses incurredprior to the receipt of notice of suspension. inaddition,upon resumption of services.the Clientshall compensate GeoEngineersfor expenses incurred as a result of the suspension and resumption of itsservices.and GeoEngineers’ schedule and fees for the remainder of the projectshall be equitably adjusted.

If GeoEngineers’ services are suspended for more than ninety (90) days.consecutive or in the aggregate. GeoEngineers may terminate this Agreementsubject to the terms in the ‘Terminationfor Convenience’clause.

If Client is in breach of the payment terms. states their intention not to payforthcoming invoices, or otherwise is in material breach of this Agreement.GeoEngineers may suspend performance of services upon five (5) calendar days‘notice to Client or terminate this Agreement according to the "TerminationforCause‘ clause. In the event of suspension. GeoEngineersshall have no liabilitytothe Client.and the Clientagrees to make no claim for any delay or damage as aresult of such suspension caused by Client's breach of this Agreement Inaddition.we may withholdsubmittal of any work product if Client is in arrears atany time during the performance of senrices under this Agreement Upon receiptof payment infull of all outstanding sums due fromClient,or curing of such otherbreach which caused GeoEngineers to suspend services, GeoEngineers shallresume services and submit any withheld work product. and there shall be anequitable adjustment to the remaining project schedule and fees as a result ofsuch suspension. Anysuspension by GeoEngineers exceeding 30 calendar daysshall, at GeoEngineers’ option. make this Agreement subject to renegotiation ortermination accordingto the ‘Terminationfor Cause‘ clause in this Agreement.

In the event Client has paid a retainer to GeoEngineers. GeoEngineers shall beentitled to apply the retainer to coverany sums due from Clientup to the date ofsuspension. Prior to resuming services after such suspension, Clientshall remitto GeoEngineers sufficientfunds to replenish meretainer to its fullprior amount.

Delays

The Client agrees that GeoEngineers is not responsible for damages arisingdirectly or indirec?y from any delays for causes beyond GeoEngineers’ control.Such causes include.but are not limitedto. strikes orother labordisputes: severeweather disruptions or other natural disasters; ?res, riots, terrorist acts. warsorother emergencies or acts of God; failureof any government agency to act in atimely manner, failureof performance by the Clientor the Client'sContractorsorother Consultants:or unanticipated discovery of any hazardous materials ordiffering site conditions.In addition.ifthe delays resultingfrom any such causesincrease the cost or time required by GeoEngineers to perform its services in anorderly and ef?cient manner, GeoEngineers shall be entitled to an equitableadjustment in schedule and/orcompensation.

IndemnificationGeoEngineers will indemnify and hold the Client harmless from and against anyclaims, liabilities, damages and costs (including reasonable attorney fees andcosts of defense) arising out of death or bodily injuryto persons or damage toproperty to the extent proven to be caused by or resulting from the solenegligence of GeoEngineers. its agents or its employees. For any such claims,liabilities, damages or costs caused by or resulting from the concurrentnegligence of GeoEngineers and other parties. includingthe Client.the duty toindemnifyshall apply onlyto meextent of GeoEngineers’ proven negligence.

The Client will defend, indemnify and hold GeoEngineers. including itssubsidiaries and affiliates.harmless from and against any and all claims(includingwithout limitation.claims bythird parties and claimsforeconomic loss).liabilities, damages, fines. penalties and costs (including without limitationreasonable attorney fees and costs of defense) arising out of or inany way relatedto this project or this Agreement. provided that Client's indemni?cationobligations shall not apply to the extent of the proven negligence ofGeoEngineers. its officers.agents and employees.

Client's indemni?cationobligation shall include, but is not limited to. all claimsagainst GeoEngineers by an employee or former employee of Client, and Clientexpressly waives all immunity and limitationof liabilityunder any industrialinsurance act. worker's compensation act, disability benefit act, or employeebenefit act of anyjurisdiction which would othenrvisebe applicable in the case ofsuch claim. Client's waiver of immunity by the provisions of this paragraph

GeoEngineers. inc. is an Affirmative Action and Equal Opportunity Employer

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extends only to claims against GeoEngineers by Client's current or formeremployees and does not includeor extend to any claims byClient's employees orformeremployees directlyagainst Client.

Client's duty to defend in this paragraph means that Client shall assume thedefense of such claim using legal counsel selected orapproved by GeoEngineersand GeoEngineers shall be entitled to participate in the strateg and directionofthe defense. In the courseof defending a claim under this paragraph, Clientshallnot compromise or settle the claim without GeoEngineers‘ consent unless: (i)such settlement or compromise only involvesmonetary relief that is paid in fullby Client.(ii) GeoEngineers is not liablefor any such settlement or compromise.and (iii)there is no?nding or admission that GeoEngineers is or was liableunderany legal theory for damages relating to the claim.

By entering into this Agreement, Clientacknowledges that this Indemnificationprovision has been reviewed.understoodand isa material part of the Agreement.and that Client has had an opportunity to seek legal advice regarding thisprovision.

Limitation of RemediesGeoEngineers‘ aggregate liability responsibility to Client.including that of oursubsidiaries and affiliates, of?cers. directors. employees, agents andsubconsuitants, is limitedto $50,000 or the amount of GeoEngineers’fee underthis Agreement, whichever is greater. This limitation of remedy applies to alllawsuits.claims or actions.whether identi?ed as arising in tort.contract or otherlegal theory. (includingwithout limitation.GeoEngineers‘ indemnityobligations inthe previous paragraph) related to our services under this Agreement and anycontinuationor extension of our services.

IfClientdesires a higher limitation, GeoEngineersmayagree. at Client's request.to increase the limitationof remedy amount to a greater sum in exchange for anegotiated increase in our fee. Any additional charge for a higher limit isconsiderationforthe greater riskassumed by us and is not a charge for additionalprofessional liability insurance. Any agreement to increase the limitationofremedy amount must be made in writingand signed by both parties in advanceof the provision of services under this Agreement.

By entering into this Agreement, Client acknowledges that this LimitationofRemediesClause has been reviewed, understood and is a material part of thisAgreement. and that Clienthas had an opportunity to seek legal advice regardingthis provision.

InsuranceGeoEngineers maintains Workers‘ Compensation and Employer's LiabilityInsurance as required by state law. We also maintain comprehensive general,auto, professional and environmental impairment liability insurance. We willprovide copies of certi?cates evidencing these policies at the request of theClient.

Mutual Waiver of consequential DamagesIn no event will either party be liable to the other for any special. indirect.incidentalor consequential damages ofany nature arising outof or related to theperformance of this Agreement. whether founded in negligence. strict liability.warranty or breach of contract. In addition.Clientexpressly waives any and allclaims against GeoEngineers for any liquidated damages liabilitythat may beincurredbyor assessed against Client.

Disputes

Anydispute. controversy or claim arising out of our related to this Agreement orits breach that is not resolved through negotiation between the parties, must bereferred to mediation before pursuing any other dispute remedy. Each party shallbear its own costs and attorneys‘ fees arising out of the mediation and the costsof the mediationshall be divided equally between the attending parties.

Ifthe matter has not been resolved through the mediation process, either or bothparties may elect to pursue resolution through litigation. The parties submit to thejurisdiction of the State of Washington and agree that any legal action orproceeding arising out of or relating to this Agreement must be brought in theSuperior Courtin KingCounty. Washington.

Clientexpressly agrees that before Clientcan bring a claim or cause of actionagainst GeoEngineers as provided above.based on professional negligence orbreach of the professional standard of care.Clientwillobtain the writtenopinionof a licensed or registered professional practicing in the same licensing

GEOENGlNEER§g


GeoEngineers - General Conditions-Standard 2018 (rev 01,/01/18)

jurisdiction as the project in dispute. The professional who prepares the writtenopinion must be licensed or registered in the discipline or technical specialty thatis the basis for the dispute. The written opinion of the licensed or registeredprofessional must indicate that, in the professional opinion of the writer,GeoEngineers violated the prevailingstandard of care in delivery of its services.Further, the written opinion must describe the basis for that opinion and aconclusion that the alleged failure to comply with the standard of care was thecause of all or part of the alleged damages. The written opinion must be madeavailable to ‘GeoEngineers for review and comment at least 10 days before theclaim or cause of actioncan be submitted to litigation.The parties agree that thisclause was mutually negotiated and is an integral part of the consideration forthis Agreement.

Choice of Law

ThisAgreement is governed by and subject to interpretation pursuant to the lawsof the State ofWashington.

Biological Pollutants

Our Scope of Services specifically excludes the investigation, detection,prevention or assessment of the presence of BiologicalPollutants. The term"Biological Pollutants" includes.but is not limited to. molds.fungi, spores.bacteria.and viruses, and/orany of their byproducts.

OurInstruments of Service willnot includeany interpretations, recommendations,findings or conclusions pertaining to Biological Pollutants.Accordingly.Clientagrees that GeoEngineers willhave no liabilityfor any claimsalleging a failure toinvestigate, detect, prevent. assess.or make recommendations for preventing,controlling. or abating BiologicalPollutants. Furthermore,Client agrees to defend.indemnify, and hold harmless GeoEngineers from all claims by any third partyconcerning Biological Pollutants to the extent of the INDEMNIFICATIONsection inthese GENERALCONDITIONS.

Claims Assistance for Client

Ifa construction contractor or other party ?les a claim against Client, relating toservices performed by GeoEngineers and Client requires additional informationor assistance to evaluate or defend against such claims, we will make ourpersonnel available for consultation with Client's staff and for testimony, ifnecessary. We willmake such essential personnel available upon reasonablenotice from Clientand Client willreimburse GeoEngineers for such consultationor testimony, including travel costs. at the rates that apply for other servicesunder this Agreement. We willprovide services inconnection withany such claimspursuant to a writtensupplement, ifnecessary, extending this Agreement.

Time Bar to Legal Action

The parties agree that all legal actions by either party against the otherconcerning our services pursuant to this Agreement or for failure to perform inaccordance with the applicable standard of care, however denominated.including but not limitedto claims sounding in tort or in contract.and arising outof any alleged loss orany alleged error, willbecome barred two (2) years from thecompletion of GeoEngineers‘services.

NoThird Party Rights

Nothing in this Agreement or as a consequence of any of the services providedgives any rights or benefits to anyone other than Client and GeoEngineers. Allduties and responsibilities undertaken pursuant to this Agreement are for thesole and exclusive benefit of Clientand GeoEngineers and not for the benefit ofany other party. No third party shall have the right to rely on the product ofGeoEngineers‘ services without GeoEngineers‘ prior written consent and the thirdparty's agreement to be bound to the same terms and conditions as the Client.

Assignment of Contract or Claims

Neitherthe Client norGeoEngineers may delegate, assign. sublet, or transfer theduties, interests or responsibilities set forth in this Agreement. or any cause ofaction or claim relating to the services provided under this Agreement. to otherentities withoutthe written consent of the other party.

Survival

These terms and conditions survive the completion of the services under thisAgreement and the termination of this Agreement, whether for cause or forconvenience.


Page 5 of 5

Severability

if any provision of this Agreement is ever held to be unenforceable, all remainingprovisions willcontinue in full force and effect. Client and GeoEngineers agreethat they willattempt in good faith to replace any unenforceable provision withone that is valid and enforceable, and which conforms as closely as possible withthe original intent of any unenforceable provision.

Equal Opportunity Employment

GeoEngineers is an Equal Opportunity and Affirmative Action Employer.GeoEngneers shall abide by, and shall require that any subcontractors orvendors hired by GeoEngineers abide by, the requirements of 41 CFR 60-:i..4(a), 60-300.5(a) and 60-74:L5(a) which are incorporated as part of thisAgreement. These regulations prohibit discrimination against qualifiedindividualsbased on their status as protected veterans or individualswithdisabilities, and prohibit discrimination against all individualsbased on theirrace, color, religion, sex, sexual orientation,gender identity or national origin.Moreover, these regulations require that covered prime contractors andsubcontractors take affirmative action to employ and advance in employmentindividuals without regard to race, color, religion, sex, sexual orientation,gender identity, national origin, disability or veteran status.

GEOENGlNEER§_g~


Schedule of Charges - 2019

COMPENSATION

Our compensation will be determined on the basis of time and expenses in accordance with the followingschedule unless alump sum amount is so indicated in the proposal or services agreement. Current rates are:

Professional Staff

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Staff 3 Engineer

Engineer 1

Engineer2"- -:.-:-t-__;:~,--:2.-'..'l

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137/hour

156/hour

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185/hour

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220/hour

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’f‘iSenior_Engine_er/Scientist/Analyst2

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Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent indepositions, trial preparation and court or hearing testimony willbe billedat one and one-half times the above rates. Time spentin either local or inter-city travel.when travel is in the interest of this contract, willbe charged in accordance with the foregoingschedule. Rates for data storage and web-based access willbe provided on a project-speci?c basis.

Schedule_Redmond-Seattle-Tacoma - 2019 GE0ENGINEER5 /J


Redmond-Seatt|eTacoma Schedule of Charges 2019 Page 2 of 2

Equipment

AirSparging ?eld Test, per day $ 100.00Air/Vapor Monitoring Equipment (PID, 5-Gas Meter), per day $ 100.00Asbestos Sample Kit 5 25.00Blastmate, per day $ 100.00D&MSampler, per day 5 80.00DO(Dissolved Oxygen) Kit $ 20.00Dynamic Cone Penetrometer, per day $ 40.00E»Tape (ElectricTape), per day $ 25.00Field Data Acquisition Equipment $ 50.00Field Gear/ Reconnaissance, per day $ 50.00Gas Detection Meters.per day $ 100.00Generator, per day 3 100.00Groundwater Pressure Transducerw/ Datalogger, per day $ 50.00Groundwater Pressure Transducer w/ Datalogger, per week $ 200.00Hand Auger, perday 3 20.00lnclinometer Probe, per day. 1/2 day minimum $ 200.00interface Probe, perday S 50.00Iron Test Kit S 2000Laser Level, per day $ 50.00LowFlowGroundwater Sampling Equipment, per day $ 225.00Multiparameter Water Quality Meter, per day $ 80.00Nuclear Density Gage, per hour, 1/2 day minimum $ 10.00Peristaltic Pump, per day $ 50.00pH Probe, perday $ 15.00PlD, FIDor OVA,per day $ 100.00Saximeter, per day S 50.00Scuba Diving_Gear,perday/per diver 5 250.00Shallow Soil Exploration Equipment, per day $ 50.00Soil l-‘ieldScreening Equipment, per day $ 15.00Soil Sample Kit S 15.00Steam FlowMeter.perday $ 15.00 ,

_ Strain Gauge Readout Equipment. per day 5 50.00Surface Water FlowMeter. per day, 1/2 day minimum $ 50.00Surface Water Quality Monitoring Equipment, per day 3 50.00Turbidity Meter, per day S 30.00Vehicle usage. per mile, or $50/day, whichever is greater 3 0.65

Specialized and miscellaneous field equipment, at current rates, list available upon request

OTHER SERVICES, SUPPLIES AND SPECIAL TAXESCharges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusualitems of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shippingcharges,subsistence,transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drillingequipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by localjurisdictions for projects in specific geographic areas will be charged to projects at direct cost.

Per diem may be charged in lieu of subsistence and lodging.

Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request.

ln-house testing for geotechnical soil characteristics at current rates, list available upon request.

Associated Project Costs (APC)Computer hardware and software, telephone and fax communications, printing and photocopying and routine postage via USPSwill be charged at a flat rate of 6 percent of labor charges. These charges are labeled as Associated Project Costs (AFC).

Allrates are subject to change upon noti?cation.

GeoENGiNEE


BERGLUND, SCHMIDT& ASSOCIATES. INC. CONTRACTFORSERVICESPIDFESSIONAL ENGINEERS 5: LAND SURVIVORS

THIS AGREEMENT is entered into by and between BERGLUND, SCHMIDT &

ASSOCIATES, I.\'C.. ("BSA“). and CITY OF OCEAN SHORES. ("Customer“).

NOW, THEREFORE. for and in considerationof the mutual covenants and conditions

contained herein. BSA and Customer agree as follows:

1. SCOPE OF WORK. BSA will perfomt for Customer the \vork described in ourFEE PROPOSAL. attached as Exhibit A. The estimated amount of such services. as set forth inExhibitA, is based on the BSA SCHEDULE OF ENGINEERING& SURVEYING RATES.datedFebruary I. 20l8. The SCI-IEDULI-_‘ OF ENGINEERING & SURVEYl.\‘G RATES and theassociated costs for work are subject to annual adjustment by BSA in February of each year.Unless otherwise stated in Exhibit A. in the event the work to be performed will extend beyondFebruary. such costs for the work shall be adjusted accordingly.

The Fee Proposal. incorporated herein by reference. is provided for Customers use todetermine and/or approximate the cost for BSA's services: however the document does notguarantee a maximum. or not—to exceed (t\'TE) cost for BSA‘s services. The quantities of work asdetailed on the Fee Proposal are estimated only and compiled from review ofdocumentsprovidedby Customer. which may include project plans. specifications. construction schedules. othermiscellaneous documentation made available by Customer to BSA at the time of proposalpreparation. and our estimation of design effort based on project size. scope and difficulty.

2. PAYMENT TO BSA. BSA reserves the right to either bill Customer at theconclusion of all work to be perfonned or to require progress payments while work is beingperfonned. Customer shall pay BSA for the services invoiced within 30 days of the invoice dateunless alternate payment arrangements are made. in writing. between Customer and BSA. Anyinvoices not paid within thirty (30) days of the date rendered may be assessed a ?nancecharge ofone and one-half (l ‘/2)percent per month. or fraction thereof. for each month beyond thirty (30)days past due. Invoices not paid within sixty (60) days of the date rendered may result in BSAstopping work until such invoicesare paid in full. invoices not paid within ninety (90) days of thedate rendered may be referred to an independent company for collection. Customer will beresponsible for all expenses incurred by BSA for the collectionof any unpaid in\'oice(s). includingcollection fees. actual attorneys fees and costs for legal Counsel. Furthermore. Customeracknowledges that BSA may elect to withhold any Project Drawings and/or a Final Letter ofCompliance for the project until all outstanding invoices and/or fees have been paid in full.

3. ADVANCE FEE DEPOSIT. Customer shall deposit with BSA. upon executionof this agreement. an advance fee deposit in the amount of S-:()-. This amotuit is refundable andshall be applied to any sums due under the billings in paragraph 2. above. After the deposit hasbeen exhausted.Cuslomer shall be solely responsible for payment of such billings.

2323 Bay Avenue. Hoquiam. WA 98550 - (360) 532-7630 - (877) 419-9683 FAXE-mail infoi?ibernlundschntidt.com


4. ADDITIONAL SERVICES. In the event Customer requests BSA, either verballyor in writing, to perform work beyond that set forth in BSA SCHEDULEOF ENGINEERING&SURVEYINGRATES, the scope of the work, scheduleof performance,and compensationfor theadditional services, shall be in addition to the Fee Proposal and billed accordingly. The estimatedtotal price, as listed in the Fee Proposal, does not include,nor afford for, changes to scope basedon unforeseen conditions, schedulingchanges, Customerand/or government agency changes,andany applicableovertime or double-timecharges. All such conditions and associated charges willbe consideredin excess of the Fee Proposaland billedaccordingly.

5. LIENS. Customer acknowledges that failure to pay any sums due to BSA forservicesrenderedmay entitle BSA to ?le a lien on the real property upon which the work is beingperformed.

6. TERMINATION. Either party may terminate this Agreement immediately byprovidingwritten notice of termination to the other party by personal service, mail or fax. If thisAgreement is terminated,BSA shall be paid for servicesperfomied to the terminationnotice dateand reasonablecosts associatedwith documentationand completion of work in progress as agreedbetween the parties.

7. STANDARD OF PRACTICE. Servicesperformed by BSA under this Agreementwill be conducted in a manner consistent with that level of care and skill ordinarily exercised bymembersof the profession currentlypracticing in the same locality,under similarconditionsat thetime the work is being performed.

8. FORCE MAJEURE. Neither Customernor BSA shall hold the other responsiblefor damages or delay in perfonnance caused by acts of nature, strikes, lockouts, ?ood, ?re or otherevents beyond the control of the other party, its employees and agents.

9. INTERPRETATION OF AGREEMENT. This Agreement and all of its termsshall be construed according to the laws of the State of Washington. The venue of any litigationbetweenthe partiesrelating to this Agreement shall be the Superior Court of Grays HarborCounty,Washington.

10. ATTORNEYS FEES. In the event eitherparty shallbe required to bring any actionto enforceany of the provisionof thisAgreement or shall be required to defend any actionbroughtby the other with respect to this Agreement, the prevailing party in such action shall be entitled toreasonable attomeys’ fees in addition to costs and necessary disbursements.

11. PROVIDING TESTIMONY. In the event that BSA (including, for the purposesof this paragraph, any employee or owner of BSA) is called upon to provide testimony, whetherin a deposition, at a trial or hearing, or otherwise, as part of any sort of litigation, including anarbitration proceeding, and in the event BSA desires to have its own attorney present at theproceeding to protect the interestsof BSA, Customer agrees to pay to BSA all the attorney feesand costs associated with having the attorney attend the legal proceeding, including any relatedpreparation time.

Ix)


l2. SEVERABILITY. Each paragraph and provision herein is severable from theAgreement. and if one or more provisions or parts hereof are declared invalid. the remainingprovisions shall nevertheless remain in full force and effect.

13. RIGHT OF ENTRY. Customer has responsibility for obtaining a right of entry to

the property upon which the work is being done. The right of entry shall allow BSA. its agents.and employees to enter the property front time to time. as necessary to perfomt all acts. stttdies.and research pursuant to the agreed services. BSA does not assume control of. nor responsibilityfor the property. the person in charge of the property. nor the safety of persons not in BSA'semploy.

14. INSURANCE, INDEMNITY AND LIABILITY. BSA shall maintain thefollowing types and amounts of insurance:

A. Workers Compensation Insurance in compliance with the laws of the State ofWashington.

B. Comprehensive General Liability Insurance with a Combined Single Limit of$l.()00.000 per occurrence. with a general aggregate of $2.00().0()0.

C. Comprehensive Automobile Liability Insurance wi.th Combined Single Limitof $ 1.000.000 per occurrence.

D. Professional Liability Insurance ot‘Sl .000.000 in the aggregate.

E. If coverage in excess of these amounts is required by the Customer. and theseamounts are proeurable. the Customer agrees to pay the additional insurancefees incurred by BSA to fulfill Customers request for such insurance and at

minimum of$250 fee for BSA‘s administrative and clerical services.

15. ENTIRE AGREEMENT. This Agreement constitutes the whole agreementbetween the parties hereto. There are no terms. obligations. covenants or conditions other thanthose contained herein. No modification or amendment of this Agreement shall be valid andeffective unless evidenced by an instrument. in writing.

Dated: {— ff - 2 2/7 BERGLUND. SCHMIDT‘& ASSOCIATES, INC,

By: 4146/Name: L/

_

E

Title:

2323 Bay Ave.Hoquiam. WA 98550

“BSA"

K4)


This contract is a proposal for work to be performed by BSA for Customer. The terms of thisproposal shall be binding upon the parties provided that it is signed by Customer within 14 daysof the date of signatureby BSA.

Company Name:

By:

Name:

Title:.

Signature:

Address:

"CUSTOMER”


EXHIBITA - PROPOSAL

Bferglund,Schmidt&_Associates,Inc. will_providelatitude/longitudeandtopand bottomelevationsonthe‘KOSWRadioTransn?ttingTower for$1,200.00.

Us


city of ocean shores regular city council meeting

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