EPHRATA CTY COUNCIL  MAYOR BRUCE REIM  MAYOR PRO-TEM WILLIAMCOE  AATILEENALITOR: SARAINEDONNELIN VALLIMILLARD.  MAITMOORD, TONVMORA,MAMARKWANKD CITY ADMINISTRATOR MIKEWARREN  AGENDA FOR September 16, 2020 =  ZOOM VIDEO https:/zoom.us//6423977833 City of Ephrata Meeting ID: 642-397-7833  OR  CALL: INI PHONE NUMBER 1-253-215-8782, follow prompts  7:00 PM  REGULAR: SESSION I. Called to Order 2. Roll Call 3. Pledge of Allegiance 4. Recording of Meeting: NO 5. Additions or corrections to published. Agenda 6. Presentations:  II  CONSENT AGENDA  1. Approval of Claim Fund Bills and Checks Issued 2. Approval of Council Minutes: September 02, 2020 3. Approval of Special Event Application:  III STAFF, COMMITTEE, & AGENCY REPORTS  IV CLOSED RECORDI DECISIONS REWCTATERS 36. 421 UENPITC NATNITHEMITTD  BILLS: McDonnell, Moore. Wanke    V  PUBLIC HEARINGS  VI ORDINANCES & RESOLUTIONS  1. ORDINANCE NO. 20-02: Extending the temporary removal of late fees and termination for non-  payment on utility accounts; declaring an emergency 2. ORDINANCE NO. 20-03: Amending the 2020 budget 3. RESOLUTION NO. 20-012: Declaring a sole source supplier  VII ITEMS FOR COUNCIL CONSIDERATION  1. Authorize Administration to enter contract with Schmitt Electric, Inc for Library re-roof-Heat Cable 2. Authorize Administration to enter contract with M.G. Wagner Co., Inc for Library re-roof--Roofing 3. Authorize Administration to enter contract with Peter Faulkner Masonry, Inc for Library re-roof  Parapet extension.  4. Authorize Administration to enter contract with RenoSystem for Pool Coating 5. Contract for Gray & Osbome Inc. for C Street sidewalk project 6. Contract with Northstar Chemical Inc for 2020 Sodium Hypochlorite Service 7. Police Department selecting members for the Independent Investigation Team--FOR  INFORMATION ONLY  VIII CITY ADMINISTRATOR REPORT  BILLS: McDonnell, Moore, Wanke    CITY COUNCIL MINUTES  September 2, 2020  City Council of the City of Ephrata, Grant County Washington met in regular session on September 2, 2020. The meeting was called to order at 7:00 p.m. by Mayor Bruce Reim. This meeting was to be recorded, however due to an error with Zoom the Due to the COVID-19 Pandemic and Governor Inslee's Proclamation 20-28, this meeting ist being conducted telephonically using the ZOOM audio only conferencing. Members Present: Mayor Bruce Reim, Mayor Pro Tem William Coe, Council  meeting was not recorded.  members Mark Wanke, Matt Moore, Valli Millard, Sarah City Administrator Mike Warren, City Attorney Anna Franz, Public Works Director Bill Sangster, Community Development Director Dan Leavitt, Fire Chief. Jeremy Burns, and Administrative  McDonnell and Kathleen Allstot  Staff Present:  Assistant Carrie Lnenicka.  Motion to excuse Council member Mora (m/s Moore/Wanke) Motion carried.  Pledge of Allegiance was said. No public signed up to speak.  Agenda: There were no additions or corrections to the agenda.  Presentations: None  2021 Budget Goals and Obiectives: Administrator Warren briefed council that staff has received unanimous agreement to continue with the same goals and objectives for 2021. Motion to accept 2021 Goals and Objectives (m/s Coe/Allstot) Motion carried. Accept Bids for Library Re-Roof Project and Issue Notice to Proceed: Administrator Warren informed Council that the budget for the library re-roof was $85,000. Three bids came in for the project, which was bid in 3 phases. The combined total of the bids is  under the budgeted amount of $85,000.    Motion to accept bids for library re-roof and issue notice to proceed Moore/McDonne.l) Council member Allstot abstained from voting as she is on the NCRL board oft trustees. Set Public Hearing and direct Staff to publish required notices on request to annex by FW Development Co: Director Leavitt requested that Council set a date of October7, 2020 for public hearing regarding the annexation of26.9 acres at the end ofl Maringo Road. This area was brought into the Urban Growth Area in 2019, and has city property on 3 sides of the area. Motion to Authorize to set public hearing date on October 7,2020 at 7:00 p.m. for annexation by FW Development Co (m/s Wanke/Coe) Motion carried. Request for easement on city property for fiber optic cabinet for PUD: Director Leavitt informed Council that this easement process is a 2-step process. Council would need to approve the request for the easement. Ifapproved, steps will be taken to create the easement. Council will have an opportunity to review the exact location of the easement once a drawing and legal descriptions are created during the process. No  Motion carried.  objections from City Council.  City Administrator Report: Administrator Warren briefed Council on the Police Chief application process. The City received 2 applications for Police Chief as oft the deadline. Interviews will be held on September 30, 2020 at City Hall with social distancing best practices. The panel consists of Mayor Bruce Reim, Will Coe, Sarah McDonnell, Chris Harrison, Ryan Harvey and Time Payne. Each panel member will receive aj packet consisting of the candidates' resume, application and letters of recommendation for Mayor Bruce Reim spoke with council regarding City Hall's continued closure to the public. He reminded everyone that if any business needs to be conducted at City Hall, to please contact Mike, Leslie or Carrie to make an appointment sO they can be expected. Consent Agenda: Motion was made to approve consent agenda. (m/s  review prior to the interview date.  Moore/McDonnell) Motion carried. Items on the consent agenda are as follows:  Claims #92335 and 92336 in the amount of $221.15 Claims #92337 through #92365 in the amount of $95,336.97 Payroll Check#46721 through #46739 in the amount of $32,456.74 Payroll Claims #92317 through #92334 in the amount of $228,151.65 Minutes of the August 19, 2020 Council meeting    There being no further business meeting adjourned at 7:15p.m.  Bruce Reim, Mayor  ATTEST:  Carrie Lnenicka, Administrative Assistant    DATE:  September 10, 2020  Department: City Clerk/Finance  Past Activity  Continue tos support other departments and commissions Working withl Mayor/Administrator on COVID-19 related issues Work on Utility Relief application. and payment agreement form 2021 Budget worksheets tol Department Heads Prepare 2021 Revenue Projections Work on Supplemental Appropriations for 2020 Renewal application for 2020-2021 CIAW Insurance Coverage Working with staff on Library Re-Roof Project  Monthly duties as assigned  Future Activity  Normal monthly duties Monthly Balancing of: all financial transactions Prepare and submit monthly tax reports Monitor revenues/expenses of the City Monitor Budget Attend all Council Meetings Initiate Legal Publications as required Provide and monitor requests for Public Records Monitor Records retention/lestruction End of! Month Payroll process Monthly/Quarterly PR Reports Address Human Resource issues Support staffi in their daily operations Support City Administrator tOCOVID-19 suspended due to COVID-19 Agreement 28th  Monthly Civil Service Commission meetings - suspended due Attend LEOFFID Disability Board monthly meetings- Continue work on Utility Relief Application and Payment Work on 2021 Budget - Revenue Projections Continue CIAW: 2020-2021 Insurance Renewal Application Work with State Auditors on 2019. Audit - Set to begin on Sept Non-essential spending has been frozen as per Council direction  Budget Concerns Other Issues  Monitoring tax revenues closely Coverage for employee vacations    City of Ephrata Department of Planning and Building Permits Issuer Issue Date Owner  Aug-20  Fee (less State Fee)  Permit Parcel  Contractor  Location Work Done Valuation  1399 Nat 250 Basin  20-136 131586525 /20/2020/WalMart 20-174 313002000 8/12/2020/Rite Aid 20-182 131158000 8/19/2020/Ridge  LowVoltage Washington Fire Alarm $  2,000.00 $ $ 50,000.00 $ 638.70 $ 12,000.00 $ 120.60 1,400.00 $ 1,000.00 $ $ 70,000.00 $ $ 17,000.00 $ 401.32  98.50  Baldwin Signs SW Ridge Ephrata Dircio's TBD TBD Roberto & Torres  Sign Water Sewer  ESD Columbia ESD Columbia  60HSE Hookup 3575thSE Repair 25 Grant Dr Fence 45 Alder NWI ReRoof 45Alder NW/Parepet 796JSE Fence 315 10 Ave Plumbing  20-186 131624022 /4/2020Maxine Dieter Plumbing 20-187 140697201 8/4/2020/Fulkerson 20-188 130003000 8/20/2020Library 20-189 130003000 8/20/2020 Library 20-190 140475124 8/12/2020Torres  $ $  38.00 11.85 58.05  Anthony City of Ephrata City of Ephrata Roberto &  Amparo Faria Amparo Faria  $ $  950.00 $  11.85  Basement Repair ADA Fence  20-192 130071000 8/18/2020/Noah Petersen Noah Petersen SW  960.00 $ 213.05 1,400.00 $  20-193 130365000 8/13/2020Marcia Ehinger Marcia Ehinger 351 Statter Driveway $  38.00  20-194 130083000 8/26/2020David' Warren DB Const. 20-195 130091000 8/18/2020Kurt Klein 20-197 130069000 8/19/2020/Nancy Smith Polhamus 20-198 131586662 /19/2020/Ramirez 20-199 140124644 8/19/2020 Loeffelbein 20-200 131574000 /19/2020/Kimer  330 10SW Addition $ 20,000.00 $ 772.29  1431 Basin sW  Kurt Klein Francisco Ramirez Pete&Mary Kilmer Vance&Kim Moberg  $  1,000.00 $ 4,075.84 $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 7,000.00 $ 2,600.00 $ 4,500.00 $ $ 22,800.00 $ $ 1,000.00 $ $ 1,000.00 $ 1,000.00 $ $ $ 232,685.84  11.85 68.60 37.50 11.85 58.05 29.30 65.00 58.05 38.00 11.85 11.85 37.50 5 $2,841.61  903CSW Mini Split $ 949LSE Irrigation $  Francisco Pete&Mary  Loeffelbein 807 8th NE Fence  $ $ $ $  Robert & Star Rober & Star  6LNE  ReRoof  20-201 140475135 8/20/2020Vicki Schwab Vicki Schwab 689KSE Shed 20-203 141017025 8/21/2020Steve Horsfall Ramos Const. 242JNE ReRoof  20-202 140610000 21/2020/Vancekkim Lellie Lellie 20-205 130304000 /24/2020/Rathbone Kearns Rathbone 20-206 130698000 8/26/2020Deborah Tate Dircio's 20-207 141102000 8/26/2020/Dan Beierman Dircio's 20-208 131214000 8/31/2020eovani Dircio Dircio's 20-209 130513000 8/31/2020/Port of Ephrata Port of Ephrata Ave  3419SW Driveway $ 238W Division Zone 245 Patrick Fence 457 Strand Fence 129GSE Irrigation $ 1659 Cessna  Moberg Edward &  TIFlood  DEMO Total    Oity Oounch Report Parks and Reoreation  September 10, 2020  EPHRATA PARKS & RECREATION PAST ACIIX: 1. Parks Commission:  a. August meeting held 2. Recreation/Communiy Programming: a. Concluded BOLD program b. Exploring an instruction only BOLD program Developing fall activities allowable in Phase 2 d. Continuing Drive-In style movies e. Developing 2021 budget a. Closing of park restroom 4. Public Relations/Tourism:  3. Parks:  a. Accepting CARES Act fund applications for consideration  b. Completed 2019. JLARC report RFP out for city web site development  5. Special Events: a. None 6. Recreation Supervisor:  a. Developing and modifying fall activities for Phase 2 b. Assisting front counter utilities customers  7. Splash Zone:  a. Entered into contract with RenoSys for pool resurfacing in 2022  FOORD GOALB/ACACVY: 1. Continuing administration of current programs 2. Continuing to work with and support various community groups 3. Develop a park reservation system 4. Develop tree replacement program    City of Ephrata  September 10th, 2020  Department: Public Works Field Supervisor  past Activity  Cleaned the head works at the waste water treatment facility. Completed monthly sewer flushing. Flushing and Sweeping city streets as needed to conserve fuel. Monthly water testing. Read meters. Built level concrete pads for chlorine container storage for all well houses (6) total. Inventoried and replaced all damaged or hard to read regulatory and street name signs. Started safety checks and routine maintenance on all City vehicles. Replaced all 41 tires on the Genie high lift, per the high lift recertification inspector's recommendation. Regular scheduled Park and public works maintenance, numerous funerals, and as always responded to any  and all City related calls.  Future Activity:  Clean head works at the waste water treatment facility. Annual sewer flushing. Monthly water testing. Still working on replacing a broken shaft, then chlorinate and put well # 3 back on line. Set up all wells for chlorination. Flushing and sweeping city streets (only as needed to conserve fuel use). Continue with routine inspections and maintenance on all trucks and equipment. Submit list ofitems selected for auction. Summer herbicide maintenance as needed. Regular scheduled maintenance, and as always respond to any and  all City related calls.  Budget Concerns: Other Issues: Dennis Ohl Public works field supervisor  Continue to monitor closely  Continuing to maintain social distancing!    DATE: September 16, 2020 ITEM: Ordinances & Resolutions  SUMMARY  1. ORDINANCEI NO. 20-02 An ordinance of the City of Ephrata extending the temporary removal of the charge of interest and late fees on utility accounts; extending the delay oft termination for non-payment; declaring an emergency. This extends the ORDINANCE! NO.2 20-03 An ordinance of the City of Ephrata, amending the 2020 budget as adopted by Ordinance 19-08 increasing the estimated revenues and said funds as authorized by RCW 35.33.121(4)-Funds: affected are the Current Expense Fund, Library Fund, Capital Improvement Fund and the Water/Sewer Construction Fund. RESOLUTIONNO.: 20-012 Resolution oft the City of Ephrata declaring a sole source supplier and authorizing purchase andi installation. See attached Staff Report.  order until the termination of the Governor's Proclamation.  BUDGET IMPACTS  . Unknown 2. $564,600.00 from unanticipated funds 3. $10,000.00 from donation  RECOMMENDATION Staff recommends acceptance and approval of alll Items. ENABLING ACTIONS Motion to Authorize, Confirm, or Approve and Accept All Items.  Ifyou have any questions, concerns, or require additional information; please contact me priort to the meeting.    MEMO Parks and Recreation Department  TO: RE:  Mike Warren - City Administrator Resolution and Contract  FROM: Traci Bennett - Parks and Recreation Director 5  DATE: September 10, 2020  RenoSystem is al PVC membrane that is compatible with our current failed pool surface. This product will go directly over existing surface which will eliminate the need for costly concrete or fiberglass removal. This product requires no yearly painting while protecting our existing shell. This membrane comes with a 10-year warranty. Due to the nature oft this product, this is a sole This allows the city to enter into a contract and lock in current pricing. Project is to be completed in the spring of 2022. Entering into a contract allows us to save fortwo years and guarantee 2020  source provider.  price. The contract is currently being reviewed by legal.  iephrala 0rg  recreal ondephrala org    ORDINANCE NO. 20-02  AN ORDINANCE OF THE CITY OF EPHRATA EXTENDING THE TEMPORARY REMOVAL OF THE CHARGE OF INTEREST AND LATE FEES ON UTILITY ACCOUNTS; EXTENDING THE DELAY OF TERMINATION FOR NON- PAYMENT; AND DECLARING AN EMERGENCY  WHEREAS, the Washington Governor has declared a state of emergency in response to new cases ofCOVID-19, issued a stay at home order, and subsequently established a phased reopening of business and other activities in an effort to contain the coronavirus outbreak under the Washington WHEREAS, the COVID-19 outbreak presents an extreme risk of person-to-person transmission of the virus and public health experts advise the best way to prevent a calamitous explosion of cases is to prevent infected people from coming in close contact with healthy ones; and WHEREAS, while this practice of social distancing is critical in mitigating the rate of spread of the COVID-19 virus, iti is having significant negative economic effects ont the national and regional economy, in particular small businesses and workers in large sectors of the local economy who WHEREAS, the City has several Ephrata Municipal Code provisions requiring collection of interest on delinquent utility accounts and termination of services for non-payment; and WHEREAS, a consistent temporary policy towards relief from the collection of interest on delinquent accounts and termination of services for non-payment is intended for utility ratepayers; WHEREAS, the City previously adopted Ordinance No. 20-01 which temporarily suspended code provisions imposing interest charges or late penalties or terminating residential or commercial customers with taxable gross receipts of less than $5 million annually for nonpayment for a period WHEREAS, the Washington Governor issued Proclamation 20-23 prohibiting all water providers  Governor's Proclamation 20-25; and  cannot work remotely; and  and  ofs six months; and  in Washington State from conducting the following activities:  (1) Disconnecting any residential customers from energy, elecommunications, or water service due to nonpayment on an active account, except at the request of the customer. (2) Refusing to reconnect any residential customer who has been disconnected due to  nonpayment; Ordinance 20-02    (3) Charging fees for late payment or reconnection of energy, elecommunications, or water (4) Disconnecting service to any residential customer who has contacted the utility to request WHEREAS, Ordinance No. 20-01 has now expired but the COVID-19 outbreak continues to cause the same negative economic effects and Proclamation 20-23 continues to be in effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EPHRATA, WASHINGTON.  service; and  assistance from the utility's COVID-19 Customer Support Program.  DO ORDAIN AS FOLLOWS:  Section 1. Findings. The City Council finds and declares that:  1. Utility bills combined with the public health emergency for novel COVID-19 will inherently have a disproportionate negative impact on low-wage workers, individuals on fixed incomes, non-profit organizations, and small businesses, inhibiting their ability to 2. Several sections of the Ephrata Municipal Code authorize the City to charge interest on 3. Temporarily waiving the charging of interest on delinquent bill balances and providing temporary relief from termination of services for non-payment as soon as possible is necessary both to help ease the negative impact on low-wage workers, individuals on fixed incomes, non-profit organizations, and small businesses and to reduce the frequency ofi in-  pay utility bills before their due date.  delinquent bill balances and to terminate services for non-payment.  person bill payment during the emergency.  Section 2. Temporary Adoption.  1. Interest Charges and Late Penalties. Noi newi interest charges or late penalties shall be added to utility accounts for residential customers or commercial customers with taxable gross receipts of less than $5 million annually on bills issued while the prohibitions on the same 2. Termination of Utility Services. Noi utility services for residential customers or commercial customers with taxable gross receipts of less than $5 million annually shall be terminated for non-payment of utility charges while the prohibitions on the same under Proclamation 20-23, as extended, continue in to be in effect. City staff shall endeavor to work with customers to implement payment plans where possible to avoid delinquencies beyond the 3. Tot the extent sections of the Ephrata Municipal Code authorize or require the collection of interest, late penalties, or termination of services, they are superseded while the prohibitions on the same under Proclamation 20-23, as extended, continue in tol bei in effect.  under Proclamation 20-23, as extended, continue in to be in effect.  duration of this Ordinance.  Ordinance 20-02    Section 3. Effective Date. Based on the findings of fact set forth in Section 1 ofthis ordinance, the Council finds and declares that this ordinance is a public emergency ordinance, which shall take effect immediately and is necessary for the protection of the public health, safety, and welfare. Section 4. Expiration. This ordinance shall expire upon the expiration or repeal of the prohibitions  on utility operations under Proclamation 20-23, as extended.  PASSED by at least a Majority plus One of the City Council of the City of Ephrata,  Washington, this 161h day of September, 2020.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk/Finance Director  APPROVED ASTOFORM:  Katherine L. Kenison, City Attorney PASSED the 16th day of September, 2020. APPROVED the 16" day of September, 2020. PUBLISHED the 17h day of September, 2020.  Ordinance 20-02    ORDINANCE NO. 20-03  AN ORDINANCE OF THE CITY OFI EPHARTA, AMENDING THE: 2020 BUDGET AS ADOPTED BY ORDINANCE 19-08 INCREASINGTHE: ESTIMATEDI REVENUES DURINGTHE CALENDAR YEAR OF 2020. AND AUTHORIZING THE EXPENDITURE OF SAID FUNDS AS AUTHORIZED BY RCW THE CITY COUNCIL OF THE CITY OF EPHRATA, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1: Budget Ordinance No. 19-08 adopting the 2020 Budget is hereby amended by increasing the estimated revenues, beginning fund balances, and authorizing thee expenditure ofs said funds, such funds being  35.33.121(4).  set forth as follows:  001-Current Expense Fund Revenue: Expenditures: 014-Library Fund Revenue: Expenditures: 155- Capital Improvement Fund Revenue: Expenses:  $145,400.00 $145,400.00 a 85,000.00 $ 8 85,000.00 $ 25,000.00 $25,000.00  425-Water/Sewer Construction Fund  Revenue: Expenses:  $309,600.00 $309,600.00  Section 2. Transfers in the following amounts are hereby authorized in conjunction with the above budget  figures.  155-C Capital Improvement: Fund Transfer to 014- - Library Fund Transfer to 016- - Park Fund - Reduced by  $85,000.00 $(60,000.00)  Section 3. This Ordinance shall become effective five (5) days after passage and publication as required by  law.  PASSED by the City Council and approve by its Mayor this 16th day of September, 2020.  Mayor, Bruce Reim  ATTEST:  City Clerk, Leslie' Trachsler  Ord 20-03    APPROVED. ASTOI FORM: Katherine Kenison, City Attorney PASSED the 16th day of September, 2020 APPROVED the 16h day of September, 2020 PUBLISHED the 17th day of September, 2020  Ord 20-03    RESOLUTION NO. 20-012  A RESOLUTION OF THE CITY OF EPHRATA DECLARING A SOLE SOURCE SUPPLIER AND AUTHORIZING PURCHASE AND INSTALLATION OF POOL COATING FROM RENOSYS  WHEREAS, the City maintains a community pool, Splash! Zone, which requires recoating WHEREAS, the existing coating requires a compatible coating to prevent failure of the WHEREAS, the RenoSys PVC Pool membrane is the only compatible coating WHEREAS, RenoSys is the exclusive supplier and installer of the RenoSys PVC Pool WHEREAS, the specialized supplier randi installer oft the coating is clearly and legitimately limited to a single source of supply within the local area and is subject to the exemptions to competitive bidding under RCW 39.04.280(1)a) for sole source and RCW 39.04.280(I)(b) for  oft the water recreational facilities;  facilities;  commercially available in the area where the City is located; membrane in the area where the City is located; and  special market conditions. Ephrata, Washington as follows:  NOW, THEREFORE, BEI IT HEREBY RESOLVED by the City Council oft the City of  1.  The City of Ephrata is authorized to purchase the RenoSys PVC Pool membrane  and installation services from RenoSys for recoating of the Splash Zone facilities.  2. The above-described circumstances are justification for the waiver of bidding requirements pursuant to the sole source provider exception under RCW 39.04.280(1)a) and the  special market conditions exception under RCW 39.04.280(2).  ADOPTED by the City Council of the City of Ephrata, Washington, this 16th day of  September, 2020.  Bruce Reim, Mayor  ATTEST:  Leslie Trachsler, City Clerk/Finance Director  City of Ephrata, Washington Resolution No. 20-012    DATE: September 16, 2020 ITEM: Items for Council Consideration  SUMMARY  1. Authorize Administration to enter contract with Schmitt Electric, Inc for Library re- 2. Authorize Administration to enter contract with M.G. Wagner Co., Inc for Library re- 3. Authorize Administration to enter contract with Peter Faulkner Masonry, Inc for 4. Authorize Administration to enter contract with RenyoSystem for Pool Coating. See 5. Contract for Gray and Osbomne Inc. for Construction engineering on the CStreet sidewalk project. - -This is a supplement agreement to our Engincering Services 6. Contract with Northstar Chemical Inc for 2020 Sodium Hypochlorite Service-This is contract is for all permits, equipment and product necessary to chlorinate Ephrata's 7. Police! Department will move forward with advertising and selecting members for the Investigation Team-FOR INFORMATION ONLY---With the passage of Washington State Initiative 940i in November 2018 and SHB 1064 in 2019, incidents where the use of deadly force by aj peace officer results in death, substantial bodily harm or great bodily harm require an independent investigation and state law now requires an' "independent investigation" completely independent of the involved agency. This independent investigation also requires that local citizens bc a part oft the 1,2, and: 3-All of these items are related to the Library Re-Roof and the total cost is  roof--Installing Heat Cable roof--Replacing Roofing. Library re-roof - Parapet extension. attached Staff Report Contract. water.  teami involved in thei investigation.  BUDGET IMPACTS  $85,000.00 7.N/A  4.$10,000 from Private Donation 5.0 Gray and Osborne Contracl-- $33,000.00 6. Northstar Chemical Contract-519,93.44 annually  Staff recommends acceptance and approval of all Items. Motion to. Authorize, Confirm, or Approve and Accept All Items.  ENABLING ACTIONS  Ifyou have any questions, concerns, or require additional information; please contact me prior to the meeting.    MEMO Parks andE Recreation Department  TO: DATE: RE:  Mike Warren - City Administrator September 10, 2020 Resolution and Contract  FROM: Traci Bennett - Parks and Recreation  DierB  RenoSystem is al PVC membrane that is compatible with our current failed pool surface. This product will go directly over existing surface which will eliminate the need for costly concrete or fiberglass removal. This product requires no yearly painting while protecting our existing shell. This membrane comes with a 10-year warranty. Due to the nature ofthis product, this is a sole This allows the city to enter into a contract and lock in current pricing. Project is to be completed in the spring of 2022. Entering into a contract allows us to save for two years and guarantee 2020  source provider.  price. The contract is currently being reviewed by legal.  'W ephrala org  Tecrealonephalaorg    City of Ephrata 121 Alder Street Southwest Ephrata, Washington 98823 Voice: 1800-833-6384 TDD: 1800-833-6388  Phone: 509-754-4601 Fax: 509-754-0912  Staff Report  VII. Items for Council Consideration  1. Contract for Gray & Osborne, Inc. for Construction Engineering on the C Street Sidewalk Project.  This is a supplement agreement to our Engineering Services  Contract.  This contract includes surveying and post project drawings  and reporting.  The Contract amount is $ 33,000.  Bill Sangster  C    Transportation Improvement Board tbConsultant Supplemental Agreement  Agency City of Ephrata  Project Number C-E-164(001)-1  Project Name "C" Street SW/NW Sidewalk improvements Supplement Phase Supplement 1 for Construction Engineering  Consulting Firm Gray & Osborne, Inc.  The City of Ephrata, Washington desires to supplement the agreement entered into with Gray & Osborne, All provisions in the basic agreement remaini in effect except as expressly modified by this supplement.  Inc. and executed on August 8, 2019.  The changes to the agreement are described as follows: Construction Engineering Services  1. 2. 3. 4. 5. 6. 7. 8. 9.  Provide project management toi include management of engineering resources, risk management assessment, monitoring of Contractor's compliance with schedule, and assist City and TIB Assist in contract execution (Contractor and City) and issue form Notice to Proceed. Provide construction survey staking in compliance with the Contract Documents.  coordination during the construction phase oft the project.  Conduct preconstruction conference meetings with the City and the Contractor. Prepare agenda Conduct construction progress meetings with the City and the Contractor on an as-needed basis. Provide support from office to include material submittal review, correspondence, review and processing of monthly pay estimates, teleconferences and other items to support Contractor Review proposals from the Contractor to substitute "or equal" products for a specified product based on design intent and general conformity to the Contract Documents. Obtain City Respond to the Contractor's questions, requests fori information (RFI's), and provide interpretation of the Contract Documents that address and clarify design intent. Provide written documentation Make pertinent inquiries with respect to the project progress schedule and other issues that may 10. Prepare record drawings based on the Contractor's submittal of his drawings (including markups) and the City's records. One original copy of the final record drawings will be provided to the City. 11. Assist the City in negotiation of change orders as may be applicable. This work does not include work caused by changed conditions encountered onsite, additional design work, or items of work 12. Provide Contractor with timely interpretation of contract document language as may be requested.  meeting minutes and distribute minutes to all attendees Prepare agenda and meeting minutes and distribute minutes.  inquiries and field activities.  concurrence prior to approving' "or equal" products.  for the project files.  arise during the course of the Work.  related to new design.  Answer Contractor's requests for information (RFIs).  CONSULTANT SPIECNAAOKEDENIDOC    Transportation Improvement Board (b)Consultant Supplemental Agreement  13. Assist the City in preparing project closeout paperwork in compliance with state law and TIB 14. Provide on-site inspection support services to assist the City with witnessing and documenting the Contractor's compliance with contract requirements to include methods, equipment and materials. This scope of work and resulting maximum amount payable is based on providing part-time inspection services for up to 481 hours of construction as provided for under the City's construction contract. An amendment to this Agreement shall be executed to reimburse the Engineer for inspection and engineering time required beyond this limit, should the allowable construction time  requirements.  be exceeded. Services Not Included  Reviewing the Contractor's certified payrolls. Participation in dispute resolution process.  Review of or responsibility for the adequacy of safety measures at or near the project  site(s).  Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the Completion Date  SUPPLEMENTAL COMPLETION DATE  December 31, 2020 $71,500  Section V, PAYMENT, shall be amended as follows as set forth in Exhibit A  MAXIMUM. AMOUNT PAYABLE  EXHIBIT A-1 Direct Salary Cost Overhead (including! Payroli Additives) Direct Non-salary Costs Fixed Fee Total  Original Agreement $11,300 $21,249 $1,205 $4,746 $38,500  Supplement 1 $9,440 $17,751 $1,844 $3,965 $33,000  Total $20,740 $39,000 $3,049 $8,711 $71,500  Ify you concur with this supplement and agree to the changes as stated above, please sign and date in the  appropriate spaces below. Agency Signature Consultant Signature MAKLO  Date Date  6/272020  COANSLTATSUPAEMEMILAGREEMENIDOC    Transportation Improvement Board (DConsultant Supplemental Agreement  EXHIBIT B-1 (CONSULTANT FEE DETERMINATION SHEET- - COST PLUS FIXED FEE)  Prepared by Project  Date June 22, 2020  Sean Comstock, P.E., Gray & Osbome, Inc. "C" Street SW/NW Sidewalk Improvements  Direct Salary Cost (DSC)  Classification Principal-in-Charge Project Manager Civil Engineer AutoCAD1 Technician Professional Land Surveyor Survey Crew  Man Hours 6 28 52 8 16 80  Rate $40to$61 $361 to $61 $28 to $41 $15to$40 $35t to $45 $51to$67  Cost $300 $1,260 $2,080 $280 $720 $4,800 $9,440 $17,751 $3,965 $1,844 $33,000  x x x x x x  = N = = = = TOTAL DSC  OVERHEAD (OH Cost including Salary Additives)  OH Rate x DSC or 188.04%x$ $9,440  FIXED FEE (FF) REIMBURSABLES GRAND TOTAL  FF Rate xI DSC or 42%x $9,440  Misc. Expenses, Including mileage, per diem, reproductions, etc.  CONSLITNITSUPPIEMEMINALAGREEMENIDOC    CITY OF EPHRATA CONTRACT  Project: 2020 Sodium Hypochlorite Service  Contract No. 1.  Parties and Date: This contract is entered into at Ephrata, Washington on September 16th, 2020 by and between the City of Ephrata a municipal corporation, and Northstar Chemical, Inc., a Agreement: In consideration of the terms and conditions contained herein and those conditions, specifications, and terms attached and made aj part of this agreement, the parties covenant and agree as 2.1 The Contractor shall obtain all required permits and shall do all work and furnish all materials, tools, and equipment for the 2020 Sodium Hypochlorite Service in accordance with and as described in the plans and specifications furnished by the City of Ephrata. The Contractor shall perform any alterations in or additions to the work provided under this contract and every part  Hypochlorite Supply Company, herein the Contractor:  2.  follows:  thereof.  2.2 This. section is vacant.  2.3 The City of Ephrata shall pay the Contractor for the performance of this contract subject to any additions or deductions provided for herein, in a sum not to exceed Nineteen Thousand-Seven Hundred and Ninety-Bithree dollars 84/100 (S_19,793.84), which includes all expenses for  material, manpower, equipment, taxes and fees, etc.  2.4 This section is vacant.  2.5 The City of Ephrata and Contractor recognize that time is of the essence of this contract and the city will suffer financial loss if the purchased services are not provided within the time specified in the Special Provisions. They also recognize the inconvenience, expense and difficulties involved in a legal proceeding to prove the actual loss suffered by the City if the purchased services are not completed within the time allowed in the Contract. Accordingly, the City and the Contractor agree that as liquidated damages for delay, and not as a penalty, the Contractor shall pay the City the sum of $250 per day for each working day the purchased services remain uncompleted and after expiration of the specified time, as liquidated damages. 2.6 The City of Ephrata promises and agrees with the Contractor to employ and does employ the  2020 Sodium Hypochlorite Service  Page 9/30    Contractor to provide the materials and to do and cause to be done, work described above and to complete and finish the same according to the plans and specifications attached hereto as Exhibit 1 and the terms and conditions contained herein and contracts to pay for the same according to the specifications and the proposal attached hereto, at the time and in the manner  and upon the conditions provided for in this contract.  2.7 The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does agree to the full performance of all the covenants contained herein upon the part of the  Contractor.  2.8 Iti is further agreed that no liability shall attach to the City of Ephrata by reason of entering into  this contract, except as expressly provided herein.  2.9 THIS SECTION. IS VACANT  3.  Contractor's Representations: In order to induce the City of Ephrata to enter into this Contract, 3.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of the Work. 3.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise. affecting cost, progress, or performance of the Work which were relied upon by Engineer in the preparation of the Drawings and Specifications. 3.3 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 3.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, exploration, tests, reports, studies or similar information or data  Contractor makes the following representations:  areor will be required by Contractor for such purposes.  3.4 This section is vacant.  3.5 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 3.6 Contractor has given Engineer written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is  2020 Sodium Hypochlorite Service  Page 10/30    acceptable to Contractor. Miscellaneous provisions:  4.  4.1 Contractor shall comply with all requirements contained in the attached Exhibits A-B regarding insurance, and indemnification. The provisions of Exhibits A-B are incorporated herein as  though fully set forth, and are by this reference made a part hereof.  4.2 No assignment by aj party hereto ofa any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or  responsibility under the Contract Documents.  4.3 City and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, contracts, and obligations contained in the Contract  Documents.  4.4 The Contractor warrants that the Work furnished shall be free from defects resulting from faulty workmanship, and further warrants that the Work complies with all specified performance criteria. The Contractor agrees to remedy all defects appearing in the, Work or developing in the materials supplied and the workmanship performed under this Contract during the warranty period, which shall be one year after date of final acceptance of the Work by the City, and Contractor further agrees to indemnify and save the City harmless from any costs encountered A new warranty period equal to that stated in the above paragraph shall apply toj parts supplied in replacement of defective parts or to parts renewed in pursuance of this warranty. The warranty period of the remaining parts shall be extended by aj period equal to the period during which the Work is unfit for service as a result of a defect covered by this warranty. If Contractor refuses to fulfill Contractor's obligation under this warranty, or fails to proceed with due diligence after being required to do so, the City may proceed to do the necessary work  ini remedying such defects.  at the Contractor's risk and expense.  4.5 It is further provided that no liability shall attach to the City by reason of entering into this 4.6 Before any work at the sitei iss started, Contractor shall deliverto City with copies to thel Engineer and each additional insured identified, certificates ofi insurance which Contractor is required to  contract except as expressly provided herein.  2020 Sodium Hypochlorite Service  Page 11/30    purchase and maintain in accordance with the Contract Documents.  4.7 This section is vacant  4.8 The Contract is made with reference to and shall be construed in accordance with the laws of the State of Washington. If a dispute arises under this Contract, resort shall be to litigation and jurisdiction and venue shall be in the Superior Court of Grant County, State of Washington.  5.  Claims Procedure  5.1 Ifthe parties fail to reach agreement on the terms of any Change Order for City-directed Work, or on the resolution of any request for an equitable adjustment in the Contract Sum or the Contract Time, Contractor's only remedy shall be to file a Claim with City as provided in this  Section.  5.2 Contractor shall file its Claim within the earlier of 30 days from City's final offer or the date of Completion. Any Claim shall be personally delivered to the City and shall be deemed filed on  the date it is personally delivered to the Owner at the following address:  Cityof Ephrata Bill Sangster  121 Alder St SW, Ephrata, WA 98823  5.3The Claim shall be deemed to cover all changes in cost (including direct, indirect, impact, and consequential) and time to which Contractor may be entitled. It shall be fully substantiated and documented. At a minimum, the Claim shall contain the following information:  a.  A detailed factual statement of the Claim for additional compensation and time, ifa any, providing all necessary dates, locations, and items of Work affected by the Claim;  b. The date on which facts arose that gave rise to the Claim;  C. d. e. f. g.  The name of each employee of City and Contractor knowledgeable about the Claim; The specific provisions of the Contract Documents which support the Claim; The identification of any documents and the substance of any oral communications that Copies of any identified documents, other than the Contract Documents, that support Ifa an adjustment in the Contract Time is sought: the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time  support the Claim; the Claim;  should be granted;  2020 Sodium Hypochlorite Service  Page 12/30    h. i.  If an adjustment in the Contract Sum is sought, the exact amount sought and a breakdown oft that amount into the categories set forth in, and in the required detail; and As statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor's knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Sum or  Contract Time for which Contractor believes the City is liable.  5.4 After Contractor has submitted a fully documented Claim that complies with all applicable 5.5 To assist in the review of Contractor's Claim, the City may visit the Project site, or request additional information, in order toi fully evaluate the issues raised by the Claim. Contractor shall proceed with performance oft the Work pending final resolution of any Claim. The City'swritten decision as set forth above shall be final and conclusive as to all matters set forth in the Claim. 5.6 Any Claim of the Contractor against the City for damages, additional compensation, or additional time, shall be conclusively deemed to have been waived by the Contractor unless  provisions of this Contract, the City shall respond in writing to Contractor.  timely made in accordance with the requirements of this Section.  6.  Execution: Executed the day and year written above.  City of Ephrata  By:  APPROVED ASTO FORM:  2020 Sodium Hypochlorite Service  Page 13/30    CERTIFICATION OF COMPLIANCE WITH WAGE  PAYMENT STATUES  The quoter hereby certifies that, within the three-year period immediately preceding the quote solicitation date (August 31, 2020), the quoter is not a "willful" violator, as defined in RCW_49.48.082, ofa any provision of chapters 49.46, 49.48, or 49.52RCW. as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment Icertify under penalty of perjury under the laws of the State of Washington that the foregoing is true  entered by a court of limited or general jurisdiction.  and correct.  Ouoter's Business Name  Signature of Authorized Official*  Printed Name Title Date Check One:  City  State  Sole Proprietorship D Partnership D Joint Venture D Corporation D State of Incorporation, or if not a corporation, State where business entity was formed:  Ifac co-partnership, give firm name under which business is transacted:  *facorporation, proposal must be executed in the corporate name. by the president or vice-president (or any other corporate officer accompanied by evidence of authority to. sign). Ifa co-partnership, proposal must be  executed by a partner.  2020 Sodium Hypochlorite Service  Page 14/30    GENERAL REQUIREMENIS  All Work shall be in accordance with the 2009 Ephrata Community Street and Utility Standards, which standards adopt and revise the 2018 Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction. The General Provisions and Special Provisions within this request for quotes are amendments to the 2009 Ephrata Community Street and Utility Standards.  1.0 DELIVERY OF QUOTE  The Contractor's Quote shall be submitted to the City either by mail or hand delivery to the address listed below no later than August 31, 2020 at 2:00 p.m. Mailed or hand delivered quotes shall be plainly marked  with 2020 Sodium Hypochlorite Service. Mail To orl Drop Off at: City of Ephrata 121 Alder Sts SW Ephrata, WA! 98823 2.0 INTERPRETATION  No oral interpretations will be made to any quoter as to the meaning of the terms described herein. Interpretations, if made, will be written the form of an addendum and sent to all registered quoters.  3.0 REJECTION OF QUOTE  The City reserves the right to reject any or all quotes if such action is in the best interest of the City.  4.0 BASIS FOR AWARD  Award will bel based on all information contained in the quote as well as the unit price and materials being offered. In order to be considered responsive, the quote shall be completed in all respects. The City will evaluate all quotes and will determine the Contractor that will be in the best interest of the  City.  5.0 SIGNATURE AND ELEGIBILITY  The prices for services, and names and addresses of the Quoter(s) shall be clearly and legibly written. Signatures shall be signed in the spaces provided and in compliance with all legal requirements.  6.0 CODES AND STANDARDS  The Contractor shall comply with all applicable local and state codes and standards. Where conflicts  2020 Sodium Hypochlorite Service  Page 15/30    exist from one code to another, the more stringent shall apply.  7.0 LICENSE AND PERMITS  The Contractor and all Subcontractors shall have a current City of Ephrata Business License.  8.0 CONDITIONS OF AWARD  A. Proposal: The Contractor shall satisfy the following requirements before a quote will be Awarded to them. The information shall be provided on the Proposal form.  1.1 The Contractori is a licensed, bonded, and registered Contractor in Washington State. Under  review  2. The Contractor's current UBI number. 3. The Contractor's current Industrial Insurance. 5. The Contractor's! State Excise' Tax number.  4. The Contractor's current Employment Security Department number.  B. Prior to Award: The City of Ephrata will verify the Contractor has the following:  1. Current City of Ephrata business license. 2. Registered with the Office of the Secretary of State.  3. Registered with and has an open account with the Department of Revenue.  C. Within 10 working days after the notification of award, the following forms shall be provided to  the City.  1. Signed Contract. The Contractor shall provide proof of signing authority for the governing persons of the company registered with the Office of the Secretary of State, with the exception of companies with one governing person. Acceptable forms of signing authority include: corporate resolution, corporation bylaws, or operating agreement that indicates signing authority. The contract will not be executed by the City until proof of signing  authority is accepted by the City. 2. Proof of Insurance.  9.0 SUBCONTRACTORS This section is vacant. 10.0 NOTICETO PROCEED  After Notice to Proceed is given, the Contractor shall order all materials and equipment required to complete this contract. The contract will run for five (5) years, from December 1,2020 through  November 30, 2025; unless extended or terminated by the City.  11.0 HOURS OF WORK  2020 Sodium Hypochlorite Service  Page 16/30    Except in the case of emergency, or as approved by the City Council, the project working hours shall be between 7:30: a.m. and 6:00 p.m. of a working day. The Contractor shall provide a schedule oft the hours to be worked, and shall notify the Public Works Superintendent of all changes to the schedule as work progresses. Working days are Monday through Friday, and do not include the following holidays:  January 1 The third Monday of. January The third Monday of February Memorial Day July 4th Labor Day November 11 Thanksgiving Day The day after" Thanksgiving Christmas Day  When any of these holidays fall on a Sunday, the following Monday shall be counted a nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be counted a nonworking day. The days between December 25 and January 1 will be classified as nonworking days.  12.0 REPAIR OF DAMAGE  The Contractor is responsible for all damages to adjacent improvements that are caused by the Contractor's actions. The Contractor shall repair or replace all damaged improvements at no cost to  the City.  13.0 ACCEPTANCE OF WORK  This section is vacant.  14.0 PAYMENT  The City will make payment to the Contractor on a monthly basis after the Contractor has provided an  invoice for the completed services.  2020 Sodium Hypochlorite Service  Page 17/30    INSURANCE REQUIREMENIS  EXHIBIT A  Indemnification /Hold Harmless  The Contractor shall defend, indemnify and hold the Owner and its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of ori in connection with the performance of this Agreement, except for injuries and damages Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the Owner, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Iti is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver ofi immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section  caused by the sole negligence of the Owner.  shall survive the expiration or termination of this Agreement.  A. Insurance Term  The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term oft the contract and for thirty (30) days after the  Physical Completion date, unless otherwise indicated herein.  B. No Limitation  Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise  limit the Owner's recourse to any remedy available at law ori in equity.  C. Minimum Scope of Insurance  Contractors required insurance shall be of the types and coverage as stated below: shall be at least as broad as Insurance Services Office (ISO) form CA 0001.  1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage  2.  Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG0001 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide aj per project general aggregate limit, using ISO form CG25030509 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Owner shall be named as additional insureds under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Owner using ISO Additional Insured endorsement CG201 101001 and Additional Insured-Completed Operations endorsement CG2037 1001 or substitute endorsements  providing at least as broad coverage. 2020 Sodium Hypochlorite Service  Page 18/30    3. 4. 5.  This section is vacant. This section is vacant.  Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Contractor's Commercial General Liability and Automobile Liability insurance. The Owner shall be named as additional insureds on the Contractor's Excess or Umbrella Liability insurance policy. The Excess or Umbrella insurance coverage will drop down when underlying policy aggregate limits are exhausted.  D. Minimum Amounts of Insurance  Contractor shall maintain the following insurance limits:  1. 2. 3. 4.  Automobile Liability insurance with a minimum combined single limit for bodily injury and property Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit.  damage of $1,000,000 per accident.  This section is vacant.  Excess or Umbrella Liability insurance shall be written with limits of not less than $2,000,000 or other per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through the Contractor's Commercial General Liability and Automobile Liability insurance,  or any combination thereof that achieves the overall required limits.  E.  Owner Full Availability of Contractor Limits  If the Contractor maintains higher insurance limits than the minimums shown above, the Owner shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate ofinsurance furnished to the Owner evidences limits of  liability lower than those maintained by the Contractor.  F.  Owner Other Insurance Provision  The Contractor's Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Owner. Any Insurance, self-insurance, or self-insured pool coverage maintained by the Owner shall be excess of the  Contractor'si insurance and shall not contribute with it. G. Contractor's Insurance for Other Losses  The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the  2020 Sodium Hypochlorite Service  Page 19/30    Contractor, or the Contractor's agents, suppliers, contractors or subcontractors as well as to any temporary  structures, scaffolding and protective fences. H. Waiver of Subrogation  The Contractor and the Owner waive all rights against each other, any of their Subcontractors, Sub- subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall  provide such waivers by endorsement or otherwise.  I.  Acceptability of Insurers  Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII and licensed to  do business in the state of Washington. Verification of Coverage  J.  Contractor shall furnish the Owner with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the Owner a copy oft the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the Owner, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all  subcontractors' coverage. K. Subcontractors:  The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Owner is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement at least as broad as ISO  Additional Insured endorsement CG20380413. Failure Notice of Cancellation  L.  The Contractor shall provide the Owner and all Additional Insureds for this work with written notice of any  policy cancellation within two business days of their receipt of such notice.  M. Failure tol Maintain Insurance  Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach ofc contract, upon which the Owner may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, ati its discretion, procure or renew such insurance and pay  2020 Sodium Hypochlorite Service  Page 20/30    any and all premiums in connection therewith, with any sums SO expended to be repaid to the Owner on demand, or at the sole discretion of the Owner, offset against funds due the Contractor from the Owner. The Contractor shall indicate any existing claims activity that would affect the aggregate limits. This shall  include paid claims, reserve claims, and potential claims.  N.  Deductible  Anyi insurance deductible shall be paid by the Contractor and shall not be greater than 10% of the total  "Amount of Quote." O. Property Insurance  Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests  of Contractor, subcontractors or others ini the Work.  2020 Sodium Hypochlorite Service  Page 21/30    SPECIAL PROVISIONS  1.0 DESCRIPTION  The contractor shall provide a continuous supply of sodium hypochlorite to the City of Ephrata 6 existing well sites. The contractor. shall provide, install, and maintain a mini-bulk tank at each of the well sites, and the City will make the actual connection to the tank after it is installed by the The contractor shall coordinate the installation of the mini-bulk tanks with the city, such that the tanks are installed in a logical and coordinated effort within the week that the previous contractor's Upon completion of the term this contract, the contractor shall coordinate the removal of the tanks such that the new contractor's tanks may be installed in al logical and coordinated effort as the  contractor at each site.  tanks are being removed.  contractor's tanks are removed. 1.0A CONTRACT TERM, AND EXTENSION  The effective date of this contract shall commence on the date when both parties have executed this contract, but not prior to September 1, 2020, and shall expire on the fifth (5th) anniversary of the effective date, unless the City authorizes an extension. If the Contractor proposes a five-year (5-year) extension, the proposal shall be submitted at least 90 days prior to the specified expiration date of this contract. At the City's discretion, a one-time five-year (5-year) extension may be authorized.  2.0 MATERIALS  The contractor shall provide a continuous supply of 12.5 percent Sodium Hypochlorite  2.1 IMPURITIES  Sodium hypochlorite provided under this contract shall contain no soluble ori insoluble material, either organic or inorganic, that is capable of producing deleterious ori injurious effects on the health of those consuming water that has been properly treated with sodium hypochlorite.  2.2.1 SODIUM HYPOCHLORITE: SPECIFICATIONS  Trade Name: 12.5 percent Sodium Hypochlorite Solution  Acceptable Concentration: Not less than 12.5 percent by weight, (15.0 Trade Percent)  Not greater than 15.6 percent by weight ((20Trade Percent)  Chemical Formula: NaOCI  2020 Sodium Hypochlorite Service  Page 22/30    Molecular Weight: 74.45u  Appearance: Clear, light yellow-green liquid  pH: 11.2 or greater Freezing Point: Solution Weight:  less than 10 degrees Fahrenheit (10°F) 10.0 to 10.4 pounds per gallon  Insoluable Matter: 0.15 percent by weight, or less Sodium Hydroxide: 1.5 percent by weight, or less  3.0 CONTRACT REQUIREMENTS  3.1 SAFETY  The Contractor shall comply with all applicable safety rules and regulations in accordance with the  Washington Industrial Safety and Health Act (WISA).  3.2 LAWS, REGULATIONS, AND RULES  The Contractor shall comply with all applicable state, federal, or local laws, regulations, rules, or any other sources of authority, including but not limited to, court orders and administrative rulings.  3.3 MINI-BULK TANKS LOCATION AND SIZE  Well locations and size of mini-bulk tanks are shown in' Table 3.3. Should any tank replacement be necessary, the replacement tank shall be installed by the contractor in the same footprint as the  current tank and shall be equal in size and shape. Table 3.3: Location and Size ofMini-Bulk Tanks  Weil Well 2 Well 3 Well 4 Well 5 Well 9 Well 10  Location, Address 1111 SW !Ave. 3913 NWI Rd.14.3 27G Street SW 1100 Division St. East  Size, Gallons 405 405 405 405  4998 NW Sagebrush Flat Road 405 48171 NW Sagebrush Flat Road 405  2020 Sodium Hypochlorite Service  Page 23/30    Table 3.3: Location and Size of Mini-Bulk Tanks  3.4 OWNERSHIP  All mini-bulk tanks will remain the sole property of the contractor. The contractor will bear all maintenance and replacement costs. The City willl be responsible for damages caused by city  personnel.  3.5 MINI-BULK TANK REQUIREMENTS  a.  Mini-bulk tanks shall be rotationaly-molded, vertical, high-density, cross-linked polyethylene one- piece seamless construction; cylindrical in cross-section, vertical, with flat bottoms. The tanks shall meet all standards engaged in the design and manufacture of chemical storage tanks for use with Other tank configurations may be authorized at the discretion of the Water Division Supervisor. b. The contractor shall provide a secondary containment basin for each tank.  sodium hypochlorite.  Each shall have GPS  C. d.  Contractor will provide documentation from manufacturer that verifies the tanks are. suitable for the The contractor shall provide one-inch ball valve at the base of the mini-bulk tank, within the secondary containment basin, and a 1-inch ball valve with iron-pipe threads at the base or top of the exterior wall of the secondary containment basin. The contractor shall provide a flex hose to tie the two valves together. The contractor shall be required to perform all plumbing upstream of the City's connection point; and all connections shall be plumbed by the contractor to be leak-free. Prior to the installation, the contractor shall supply a cut sheet that shows the dimensions and location of fittings. The City will make the actual connection at the City's.connection point, and will be responsible for The City will contact the Contractor immediately of any defects or problems related to the storage tanks. The Contractor will repair or replace all defective tanks upon discovery, or within four (4)  storage of sodium hypochlorite. Manufacturer's warranty will be provided.  the plumbing at the point of connection and all points downstream.  e.  calendar days of being notified by the City.  3.6 DELIVERY OF SODIUM HYPOCHLORITE  a.  Delivery shall occur within four (4) calendar days of an order by the City. Except in the case of an emergency, delivery hours shall be between 7:30 a.m. and 4:00 p.m. of a working day (generally Monday thru Friday). One (1) to three (3) deliveries per month will be required,  depending on the time of year.  2020 Sodium Hypochlorite Service  Page 24/30    b. The City agrees to order at least 70 percent of a tank's capacity.  3.7 TERMINATION FOR CAUSE  Ift the Contractor fails to perform as required under this contract, the City may terminate this contract  upon sixty (60) calendar days written notice to Contractor.  3.8 ESTIMATED QUANTITY  Estimated annual usage of sodium Hypochlorite is shown in Table 3.8. Table 3.8: Estimated Annual Sodium Hypochlorite Usage  Month January February March April May June July August September October November December Total  Usage, Gallons 500 500 500 500 500 1000 1000 1000 1000 700 500 500 8300  3.9 COORDINATING THE INSTALLATION AND REMOVAL OFTANKS  The contractor shall coordinate the installation of the tanks such that the new tanks are installed within the same week, Monday through Friday, as the previous contractor's tanks are being removed.  2020: Sodium Hypochlorite Service  Page 25/30    Table 3.9 provides al logical sequence ofi installing and removing the tanks at the beginning and end of the contract. The wells listed for each week are listed in the order that the tanks will be removed and installed. The contractor removing tanks for the week will remove the tanks on Monday and Tuesday. The contractor installing the tanks for the week will install the tanks on Wednesday, Thursday, and Friday. The contractor should verify with the City that the wells scheduled for the  week have been removed before showing up toi install the new tanks. Table 3.9: Logical Sequence of Installing and Removing Mini-Bulk Tanks The contractor shall deliver sodium hypochlorite to each tank upon installation  Week 1 Week 2  Wells 3,5,2,9,10, and 4  4.0 MEASUREMENT  Sodium hypochlorite will be measured per each gallon that is delivered and pumped into the contractor's mini-bulk tanks. No measurement will be made for providing, installing, and  maintaining the mini-bulk tanks at each well site.  Freight will be measured per each trip to Ephrata to deliver sodium hypochlorite to city well sites  when directed by the City.  No measurement will be made for removing or installing the tanks. remains unused; and credit the City with the unused amount.  Upon removal of the tanks, the contractor will estimate the amount of product, in gallons, that  5.0 PAYMENT  Payment will made for each item listed in accordance with the contract. "12.51 Percent Sodium Hypochlorite" per each gallon.  The unit contract price per each gallon for "12.5 Percent Sodium Hypochlorite" shall include all labor, equipment, materials, and insurance to deliver sodium hypochlorite to the City's well sites; to provide, install, and maintain mini-bulk tanks at each well site; and removal of the tanks at the end of the contract. The contractor will credit the City with the unused portion of product at the end of the  contract.  "Freight", per each trip to Ephrata.  The unit contract price per trip for "Freight' shall include all costs for vehicle, fuel, travel, fuel surcharge, energy surcharge, and any incidental cost associated with the delivery of sodium hypochlorite, transportation, and labor to deliver chlorine to all well sites in Ephrata when directed by  the City  No payment will be made for removing or installing tanks.  2020 Sodium Hypochlorite Service  Page 26/30    The City will make payment for all pay items on a month to month basis, each month after receiving an invoice from the contractor. Payment will be based on the unit price listed in the Proposal for  freight plus applicable taxes. 5.1 COMPETITIVE PRICING  Contractor warrants and agrees that each of the charges, economic or product terms, or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term, or warranty being offered to any similarly situated commercial or other government customer. If contractor enters into any arrangements with another customer to provide product under more favorable charges, economic or product terms, or warranties, contractor shall immediately notify City of such change, and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms, or warranties being offered by the contractor.  5.2 ANNUAL PRICE ADJUSTMENT  On the annual anniversary dates of the Contract, the City and the contractor may renegotiate, in good faith, the contract prices. The Contractor's request shall be accompanied by sufficient documentation toj justify a requested increase. The justification shall be based on changes in the annual Producer Price Index, labor agreements, and other documented statistical data. Acceptance will be at the discretion of the City and shall not produce al higher profit margin than that established on the original contract pricing. Price adjustment will not be authorized unless a change order for the  adjustment is executed by both parties.  5.3 TAXES  Each party shall be responsible for the payment of all taxes of whatever nature and source; to the extent that each party is responsible for the payment of any such taxes pursuant tol law.  5.4 INVOICING  Contractor shall provide an original copy of invoices. Invoices shall include the following  information: i) City's name ii) City's site name iii) Date of Delivery  iv) How many gallons of sodium hypochlorite delivered vi) Address where payment is to be mailed  v) State and local sales tax, as required by Washington State Department of Revenue  2020 Sodium Hypochlorite Service  Page 27/30    The Ephrata Police Department: is seeking volunteers to Non-Law Enforcement Community Representative. Ourl IIT covers Grant, Adams, and Kittitas Counties and is called the  EPHRATA join our regions ndependentinvestgaton Team (IIT)asa  Central Basin Investigative Team (CBIT).  Date Posted:  September 16, 2020  POLICE  This posting is for the position(s) of Independent Investigation Team (IIT) Non-Law Enforcement Community  Representative.  PaitiontlOrenieands Summary:  With the passage of Washington State Initiative 940 in November 2018, and SHB 1064 in 2019, incidents where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm require an independent investigation. The independent investigation is conducted in the same manner as a criminal investigation and state law now requires an ndepenoemtinvestgation completely independent of The goal of this requirement is to enhance accountability and increase trust between law enforcement and the community to improve the legitimacy of policing for an  the involved agency.  increase in safety for everyone.  The Independent Investigative Team (IT) will consist of a team of qualified and certified peace officer investigators and at least two Non-Law Enforcement Community Representatives who operate completely independent of any involved agency to  conduct investigations of police deadly force incidents.  The IIT Non-Law Enforcement Community Representatives should have credibility with, force. Representatives selected will participate directly ini the vetting, interviewing, and/or selection of IIT certified law enforcement investigators, media communications, This position will require the community representative to pass a departmentagency background check and may attend identified training that is relevant to officer involved deadly force incidents. The IIT Non-Law Enforcement Community Representative must sign a binding confidentiality agreement at the beginning of each investigation.  and ties to, the communities impacted by the police use of deadly  and use of involved agency equipment requests.  This is a non-paid volunteer position.    Responsiblilitiesofthel PositiontslInclude:  1. Participate in the vetting, interviewing, and/orselection ofIITi investigators. 2. Review conflict ofi interest statements by the investigators during each incident. 3. Bej present atl briefings with the involved agency's Chiefor Sheriff. 4. Have access to the investigation file upon its completion. 6. Review notification of equipment use of the involved agency.  5. Bep provided a copy of all press eleases/communication to media prior to release. 7. Sign a binding confidentiality agreement at thel beginning ofe eachi investigation in  which they: arei involved.  Length of Commitment:  Length of commitment to this position is two (2) years. This commitment may be adjusted based upon the needs of the agency and/or the willingness of the IIT Non-Law Enforcement Community Representative to serve. The Chief of Police will make the  final decision on the length of the commitment. Supervision Received and/or Exercised:  The IIT Non-Law Enforcement Community Representative will work with the assigned leadership team (Commander, Assistant Commander, and/or Lead Investigator) on  each assigned use of deadly force incident.  HoursofCommitment  The hours for this position will vary depending on the incident dynamics and the time and location of briefings, meetings, and needs of the investigation. IIT Non-Law Enforcement Community Representatives may be called to participate at various and  unpredictable hours to include weekends and holidays.    Minimum Qualifications:  The following are the minimum qualifications for the position ofl IT Non-Law Enforcement Community Representative. At the time of application, the applicant shall: 1. Bear resident oft the City of Ephrata, Washington and prowldeproofofrsdeny. 3. Be able to maintain a strict comfdentallyagrement with each police use of deadly  2. Be: able to pass al background check.  force investigation. 4. Bea at least 21 years ofa age.  5. Have the knowledge, skills, and abilities to effectively perform the duties and responsibilities oft the position ofIIT Non-Law Enforcement Community  Representative.  6. Willing to meet the time and commitments required ofan IIT Non-Law Enforcement  Community Representative position.  Essentiall Knowledge.Skills.andAbilities:  The following knowledge, skills, and abilities are essential to be successful in the position of IIT Non-Law Enforcement Community Representative:  1. Have the ability and willingness to learn and understand police use of force policy 2. Strong oral and written communication skills and the ability to interact effectively  and laws.  with members of police/sheriff agencies, and the community. 3. Ability and willingness to maintain confidentiality. 4. Ability and willingness to make sound and well-informed decisions. 5. Maintain high standards ofe ethics and integrity.  6. Ability and willingness to communicate effectively: and resolve conflictsi in a tactful  and effective manner.  Training:  The IIT Non-Law Enforcement Community Representative selected for the position may be required to attend relevant training related to the position, which willl be provided at  no expense.    How.toApply:  Interested, qualified applicants may submit the application materials listed below to the City of Ephrata, 121 Alder ST SW, Ephrata, WA 98823. Application materials must be received by November 02, 2020. Application materials received after the deadline will  not be considered.  Application materials must consist of:  1. Acompleted Central Basin Investigative Team (CBIT) Citizen Questionnaire form. 2. Aletter ofinterest including a narrative identifying what the applicant believes his/her particular strengths and challenges would be in the position ofIIT Non-Law Enforcement Community Representative. Letters ofi interest should be no longer 3. An up-to-date resume including experience, applicable training, and qualifications.  than two pages.  Selection Process:  Following the closing date for this recruitment, a selection panel comprised of the Mayor, City Administrator, Fire Chiefa and the Police Chief will review the application materials. Upon review of the application materials the selection panel will select up to five community volunteers. Applicants will be notified by mail following the selection panel meeting. Those selected will be requested to provide information for a  background check.    WAC 139-12-030 Independent investigation criteria. There are five principles that are fundamental to enhancing public trust in the integrity of independent investigations involving police use of deadly  force:  Independence; Transparency; Communication; Credible process; and Credible investigators.  Standards are necessary for the involved agency and the public to as- sess whether the actions taken by the IIT are independent, transpar- ent, credible, and communicated in a manner that results in a compli- (a) Independence is essential to the integrity and objectivity of the investigation. Maintaining independence is achieved through com- pliance with rules and regulations designed to prohibit undue influ- ence, and the appearance of undue influence, by the involved agency in (b) Standards for an investigation completely independent of the Once the involved agency personnel and/or other first respond- ers have rendered the scene safe and provided or facilitated life-sav- ing first aid to persons at the scene who have life-threatening inju- ries, the involved agency will immediately call the IIT. Then the pri- mary focus of the involved agency shifts to the protection and preser- vation of evanescent evidence in order to maintain the integrity of the scene until the IIT arrives. Once the IIT arrives, and the IIT commander has the appropriate resources on scene, the involved agency - No member of the involved agency may participate in any way in the investigation of police use of deadly force conducted by the IIT, - Specialized equipment belonging to the involved agency may not be used by the IIT unless: 1 - no reasonable alternative exists; 2 - the equipment is critical to carrying out the independent investiga- tion; and 3 - the use is approved by the IIT commander. If the equip- ment is used, the nonlaw enforcement community representatives on the IIT must be notified about: 1 - why it needs to be used; and 2 = the steps taken to appropriately limit the role of any involved agency police use of deadly force will be shared with any member of the in- volved agency, except limited briefings given to the chief or sheriff of the involved agency about the progress of the investigation so that they can manage the internal administrative investigation and communi- cate with their community about the progress of the investigation. - If the chief or sheriff of the involved agency, requests that the IIT release the body cam video or other investigation information of urgent public interest, the IIT commander should honor the request (a) Transparency is the critical element of procedural justice that allows community members to assess whether the process of the in- vestigation is conducted in a trustworthy manner and complies with the  ant and complete investigation and builds public trust.  (1) Independence.  the investigation. involved agency:  will relinquish control of the scene to the IIT.  with the following exception:  personnel in facilitating the use of that equipment.  No information about the ongoing independent investigation of  with the agreement of the prosecutor of jurisdiction.  (2) Transparency.  standards for the five listed principles.  Certified on 2/27/2020  WAC 139-12-030  Page 1    (b) Standards for the transparency of an independent investiga- The policies and operating procedures of the IIT will be avail- The names of the members, supervisors, commanders, and nonlaw enforcement community representatives on the IIT will be available to A minimum of two nonlaw enforcement community representatives a. Participate directly in the vetting, interviewing, and/or se- lection of IIT investigators. (Existing teams will have until January 2021 to provide necessary information about the qualifications of cur- rent IIT investigators to the nonlaw enforcement community representa- b. Review conflict of interest statements submitted within seven- ty-two hours of the commencement of each investigation by the investi- C. Be present at the briefings with the involved agency(s) chief d. Have access to the investigation file when it is completed; e. Be provided a copy of all press releases and communication to f. Review notification of equipment use of the involved agency. The nonlaw enforcement community representatives must sign a binding confidentiality agreement at the beginning of each police use of deadly force investigation that remains in effect until the prose- cutor of jurisdiction either declines to file charges or the criminal If the confidentiality agreement is violated, the nonlaw en- forcement representative may be subject to prosecution under RCW 9A.76.020 (Obstructing a law enforcement officer) and chapter 10.97 RCW, Washington State Criminal Records Privacy Act. For the purpose of this chapter, "criminal background information" is the same as "crimi- The commander or other representative of the IIT will provide public updates about the investigation at a minimum of once per week, When an independent investigation is complete the information will be made available to the public in a manner consistent with ap- (a) Communication is key to enhancing the public's perception of police legitimacy and fairness. A lack of open communication leads to (b) Standards for communication during an independent investiga- A family member of the person against whom deadly force has been used will be notified as soon as they can be located by either A member of the IIT will be assigned as a family liaison within the first twenty-four hours and keep the family, or a representative of the family's choice, apprised of all significant developments in the independent investigation and will give the family and the in- volved agency advance notice of all scheduled press releases. Neither the involved agency nor the IIT will provide the media with criminal background information of the person against whom deadly force has been used, unless it is specifically requested, and release  tion:  able to the public. the public.  will be assigned to each IIT to:  tives for review.)  gators; or sheriff;  the media prior to release; and  case is concluded.  nal history information" as defined in RCW 10.97.030(4).  even if there is no new progress to report.  plicable state law. (3) Communication.  suspicion and damages trust.  tion:  the involved agency or the IIT, whichever is faster.  Certified on 2/27/2020  WAC 139-12-030  Page 2    of the information is required by the Public Records Act or other ap-  plicable laws.  If the person against whom deadly force is used is, or is be- The involved agency will notify the governor's office of Indian - A member of the IIT will be assigned as a tribal liaison within the first twenty-four hours and keep the tribe (or a representative of the tribe's choice) apprised of all significant developments of the (a) In order for investigations to be viewed as credible it is critical to demonstrate that the procedures followed are consistent, known to the public, and rooted in best practices for homicide inves- tigations, with particular attention focused on those unique areas of evidence relevant to the officer's decision-making process. Equally important is the credibility of the investigators. Training, a history of ethical behavior, and demonstrated impartiality are critical to (b) Standards for a credible independent investigative process: After life-saving first aid has been provided, members of the Secure the incident scene and maintain its integrity until the Evanescent evidence must be located and preserved, consistent with best practices published annually by the criminal justice train- The independent investigation will follow accepted best practi- ces for homicide investigations published and annually updated by the - An involved agency conducting a timely internal administrative investigation for compliance with department policy and procedures is critical to maintaining public trust and is separate and distinct from the independent investigation required by the LETCSA. To allow the in- volved agency to move forward with the administrative investigation in a timely fashion, the independent investigation required by LETCSA must be conducted in a manner that does not inhibit the involved agen- - The IIT commander must create and enforce firewalls, which is a process to prevent information sharing between the IIT from the in- volved agency, and train all team members to observe them to ensure no member of the IIT receives any compelled statements of the involved officer(s) or any investigative content that was informed by such com- The firewall system and training must ensure that the involved agency is affirmatively advised not to furnish "pronibited content" to - If any member of the IIT receives prohibited information, the investigator receiving the prohibited information must immediately re- port it to their supervisor and the member must discontinue participa- tion in the investigation. The information will be removed and/or iso- lated from the remaining investigation unless the prosecutor of juris-  lieved to be a member of a federally recognized tribe: affairs (GOIA) in accordance with RCW 10.114.021.  investigation.  (4) Credibility.  maintain confidence in the investigation.  involved agency and other first responders at the scene will:  IIT arrives.  The perimeter must be clearly marked and protected.  ing commission. WSCJTC.  cy from doing so. To accomplish this:  pelled statements. the IIT.  diction deems such action unnecessary.  (c) The standards for credible investigators include:  (i) Appointed Members.  Certified on 2/27/2020  WAÇ 139-12-030  Page 3    The chiefs and sheriffs who sign a written agreement to support and  participate in the IIT shall appoint: assistant commander, or co-commander.  The IIT leadership team, which may include an IIT commander, At least two nonlaw enforcement community representatives who have credibility with and ties to communities impacted by police use of deadly force. The chiefs and sheriffs of each regional team shall create a transparent process for soliciting names and creating a ros- ter of individuals willing to serve in this capacity. The IIT communi- ty. representatives must be chosen from this list by the chief(s)  and/or sheriff(s). IIT commander.  All IIT leadership shall be commissioned peace officer(s), with The IIT supervisors shall be recommended by their agency to the Ensure all applicants meet all time, rank, and training prereg- uisites described in chapter XXX WAC [WAC 139-12-030 (4) (c) (v)]. Ensure that qualified applicants are interviewed by a panel, which includes the nonlaw enforcement community representatives and other members of the IIT selected by the IIT commander. All applicants shall be interviewed using criteria pertinent for the position of an IIT investigator. The same questions should be At the conclusion of the panel the IIT commander shall consider the recommendations of the panel and select those best suited for the Applicants for the position of investigator must be employed by The applicant shall be a commissioned peace officer in the state of Washington with previous experience as a detective or inves- tigator, or have special skills or experience necessary for the team. The chief or sheriff of a member agency, and the IIT commander shall review the appointment of their IIT members who have served The credibility of an individual assigned to an IIT is grounded in two elements: Training and experience in criminal investigations. Since some IIT members were chosen because of their experience in criminal investigations, it is important to clearly define expecta- tions for both training and experience, and acknowledge the relation- IIT members who do not meet the training requirement are eligible Civilian IIT members (i.e. crime scene investigators, evidence technicians, etc.) are not required to obtain the qualified lead in- vestigator certificate, but the IIT leadership shall establish reason- able noncommissioned training requirements through their IIT protocol. The CJTC will issue an "IIT qualified lead investigator certifi- cate" to ensure that those who are assigned to a lead investigator role for an IIT meet the training requirements listed below by the end To obtain an IIT qualified lead investigator certificate, candi-  previous experience in criminal investigations. (ii) Selection Process for IIT Members.  The IIT leadership shall:  asked of each applicant. needs of the IIT.  (iii) Requirements for IIT Investigators.  a member agency of the IIT.  (iv) Periodic Appointment Review. (v) Training Requirements.  three years for possible rotation or replacement.  ship between those two elements.  to participate on the IIT, but not in a lead position.  of 2020. dates must: Certified on 2/27/2020  WAC 139-12-030  Page 4    Provide proof of at least three years of uninterrupted experi- ence as a certified peace officer, crime scene investigator, or rela- Provide proof of successful completion of the prescribed train- ing classes, (or appropriate equivalent experience), listed in this  ted expertise in a discipline relevant to investigations.  chapter.  (A) Basic training classes: Basic homicide investigation; Interviewing and interrogation;  LETCSA Violence deescalation and mental health training. IIT members who have two years or more of relevant, full-time criminal investigative work experience may substitute their work expe- rience for the required basic training classes. County sheriffs, po- lice chiefs, and IIT commanders are encouraged to promote continuing education as a best practice for all members assigned to the IIT. A minimum of eight hours of training annually may include, but is not limited to, the following criminal investigation topics: Advanced homicide investigation techniquesi Advanced interviewing and interrogation; Officer-involved shooting investigation; In-custody death investigation; Excited delirium and positional asphyxia; Bloodstain pattern analysis; Crime scene photography/Videography and  (B) Advanced training classes.  Other related training, seminars, and conferences or on-going training as offered by WSCJTC or other training venues on an as avail- - All IIT members shall reçeive priority registration to LETCSA training, required homicide investigations training, and recertifica-  able basis.  (C) In-service training.  tion every three years.  The IIT shall train as a unit at least annually. (vi) Demonstrated History of Honorable Behavior.  Investigators assigned to an IIT are expected to have a work his- tory free of a sustained finding of serious misconduct and/or a pat- tern of sustained complaints and a personal history free of demonstra- ble bias or prejudice against community members that may be impacted Examples of disqualitying sustained misconduct and/or personal Discrimination of any type, based on protected Classes identi- - Theft, fraud, dishonesty, and abuse of authority including, but not limited to: Theft, falsifying an official police record or making a false statement, serious ACCESS (a centralized computer enforcement service system) violations, obtaining or disclosing confidential in- Dishonorable behavior including, but not limited to: Harass- ment, bullying, aggressive or intimidating behavior, or threats of vi- Within seventy-two hours of the commencement of each investiga- tion, investigators and nonlaw enforcement community representatives, must complete a "conflict of interest" assessment tool regarding any connection to the officers being investigated. The assessment (created by WSCJTC) will include questions about prior interactions or rela-  by the police use of deadly force. history include, but are not limited to: fied under RCW 49.60.030(1).  formation, and excessive use of force. olence, including domestic violence. (vii) Conflicts of Interest.  Certified on 2/27/2020  WAC 139-12-030  Page 5    tionships with officers being investigated, and will address social conflict, work conflict, and bias. The conflict assessment will be re- viewed and discussed by the nonlaw enforcement community representa- tives and the IIT commander. The conflict of interest assessments for investigators and nonlaw enforcement community representatives will be developed at the March 2020 summit and adopted by the commission at [Statutory Authority: RCW 9A.16.040 and 43.101.080. WSR 20-01-023, S  the June 2020 meeting.  139-12-030, filed 12/6/19, effective 1/6/20.]  Certified on 2/27/2020  WAC 139-12-030  Page 6