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SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT
BOARD OF COMMISSIONERS REGULAR MEETING
Everett Headquarters Building, 2320 California Street
February 16, 2016 CONVENE REGULAR MEETING - 1:30 p.m. - Commission Meeting Room
1. COMMENTS FROM THE PUBLIC
2. CEO/GENERAL MANAGER BRIEFING AND STUDY SESSION
3. CONSENT AGENDA
A. Approval of Minutes for the Regular Meeting of February 2, 2016
B. Bid Awards, Professional Services Contracts and Amendments
C. Consideration of Certification/Ratification and Approval of District Checks and Vouchers
D. Consideration of a Resolution Designating an Authorized Representative and Alternate
for Coordinating Matters Relating to the District’s Request for Certain Disaster
Assistance Funds From Appropriate Federal and State Agencies for the November 2015
Severe Storms, Straight-line Winds, Flooding, Landslides, and Mudslides
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consideration of a Resolution Declaring the Existence of Special Market Conditions and
Authorizing the Purchase of Federal Communications Commission Authorized VHF
Frequency Licenses from Scott MacIntyre
B. Consideration of a Resolution Authorizing the CEO/General Manager or Designee to
Execute a Grant Agreement with the State of Washington Department of Health to Allow
the District to Conduct a Feasibility Study for the Warm Beach Water Association
5. COMMISSION BUSINESS
A. Commission Reports
6. GOVERNANCE PLANNING
A. Governance Planning Calendar
RECONVENE REGULAR MEETING – 6:00 p.m. – Auditorium
7. CEO/GENERAL MANAGER BRIEFING
A. Customer Winter Bills
ADJOURNMENT
The next scheduled regular meeting is March 1, 2016
Agendas can be found in their entirety on the Snohomish County Public Utility District
No. 1 web page at www.snopud.com. The public is invited to attend. Parking and meeting
rooms are accessible for persons with disabilities. Contact the Commission Office at
425.783.8611 for special accommodations or additional information.
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COMMENTS FROM THE PUBLIC
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BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 2
TITLE:
CEO/General Manager Briefing and Study Session
SUBMITTED FOR: Briefing and Study Session
CEO/General Manager Craig Collar 8473 Department Contact Extension
Date of Previous Briefing: N/A Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Executive Limitations, EL-9, Communications and Support to the Board – the CEO/General
Manager shall...marshal for the board as many...points of view, issues and options as needed for
fully informed Board choices.
List Attachments:
CEO/General Manager Briefing and Study Session Agenda with attachments
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SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT
BOARD OF COMMISSIONERS
CEO/GENERAL MANAGER BRIEFING AND STUDY SESSION
February 16, 2016
CEO/GENERAL MANAGER BRIEFING
A. Update
Media – Julee Cunningham
Other:
1. Legislative Update – Jessica Matlock/Brenda White
CEO/GENERAL MANAGER STUDY SESSION
B. Energy Risk Management Report - 4th Quarter 2015 – Zac Yanez
C. H2O Supply Update – Mike Shapley
D. Helping Customers with Winter Bills – Jim West
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Detail Report February 12, 2016 Page 1 of 28
12/Public Utility District No. 1 of Snohomish County Detail Report
High Priority Bills Bill Details Status Sponsor Position
HI 732
Carbon pollution tax H Finance Concerns
Creating a carbon pollution tax on fossil fuels to fund a reduction in the state sales tax, a reduction in the business and occupation tax on manufacturing, and the implementation/enhancement of the working families' sales tax exemption. This is Initiative 732. Please see comments placed under SI-732 below.
SI 732
Carbon pollution tax S Energy, Enviro Concerns
Creating a carbon pollution tax on fossil fuels to fund a reduction in the state sales tax, a reduction in the business and occupation tax on manufacturing, and the implementation/enhancement of the working families' sales tax exemption. The District supports: 1) language that clearly defines the point of regulation for carbon to protect against unintended market impacts, 2) using a more accurate emission rate for unspecified resources, and 3) a more accurate method to calculate a utilities fuel mix if the fuel mix disclosure is used as part of any carbon based regulation. The Senate held a public hearing on 2/9/16.
HB 1130
Water power license fees H Rules R Fey Support
Concerning water power license fees. The FERC requires hydropower projects to obtain a 401 water quality certificate from the state in order to receive a FERC license. FERC-licensed applicants pay the state agencies under a fee structure originally developed in 2007. At that time an expiration date of 2017 was established. This bill, and its amendments, will maintain the necessary resources to allow the Departments of Ecology and Fish & Wildlife to be more responsive to the hydropower industry's regulatory compliance obligations and extends the sunset to 2027.
HB 2261
Utility customer backbilling H Rules R Shea Oppose
Protecting utility customers by modifying the authority of utilities to backbill customers for charges missed due to utility error. As amended, this bill allows a consumer-owned utility to backbill customers for charges missed due to the utility's billing error for no longer than six months from the date the billing error occurred. In the original bill, the legislation specified that utilities were only allowed to back bill for no longer than a month.
HB 2346
Renewable energy promotion H Rules R Morris Support
Promoting a sustainable, local renewable energy industry through modifying renewable energy system tax incentives and providing guidance for renewable energy system component recycling.
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Detail Report February 12, 2016 Page 2 of 28
Along with amendments from both the policy and fiscal committees, the bill raises the utility production cap, extends the state incentives for 10 more years but at lower incentive levels for future adopters, WSU assumes program management and technical review, removes utility owned solar projects options, and retains a section for the recycling of solar modules.
HB 2892
Electric fuel mix info. H 2nd Reading DeBolt Concerns
Improving the accuracy and transparency of the reporting and calculation of the fuel mix information to retail electric customers. In order for the fuel mix report to be more accurate and transparent, HB 2892 attempts to do the following: 1) replaces 'net system power mix' with 'unspecified resources', 2) requires a retail electric supplier and the Department of Commerce to identify a renewable according to the listed fuel mix categories, regardless of whether the nonpower attributes (RECs) have been unbundled, 3) directs the Department to convene a work group to suggest modifications to the process of gathering, reporting, calculating and tracking fuel mix data, and then submit a report with suggested modifications to the Legislature by 12/1/16. Fixes to HB 2892 and SB 6533 are ongoing at present time.
HB 2966 (Dead)
Transp. electrification H Tech & Econ D Muri Support
Concerning electrification of transportation infrastructure. This bill clarifies the authority for municipal utilities and public utility districts to develop and carry out programs for transportation electrification by consumers.
SB 6533
Electric fuel mix info. S Rules 2 McCoy Concerns
Improving the accuracy and transparency of the reporting and calculation of the fuel mix information to retail electric customers. Improves the reporting and calculation of the fuel mix information to retail electric customers.
Medium Priority Bills Bill Details Status Sponsor Position
HB 1008 (Dead)
Agency data practices audits H Gen Govt & Info Smith
Authorizing the state auditor to conduct audits of state government and local agencies' data storage and management practices thereby protecting privacy and securing personal information from computer hacking or misuse of data. Authorizes the state auditor to conduct an audit of a state or local agency's data management and storage practices. Requires state agencies and local governments to report known or suspected computer breaches to the state auditor's office.
HB 1079 (Dead) (SSB 5348)
Joint utilization contracts H State Governmen Kochmar
Allowing public agencies to enter into contracts providing for the joint utilization of architectural or engineering services. Authorizes any two or more public agencies to enter into a contract providing for the joint utilization of
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Detail Report February 12, 2016 Page 3 of 28
architectural or engineering services if certain conditions are met.
HB 1086
Public record commercial use H Approps Moeller
Establishing a cost recovery mechanism for public records sought for commercial purposes. Authorizes public agencies to recover their costs through charging a reasonable fee when public records are requested for the purpose of sale or resale. Authorizes agencies to establish the fees without limiting public inspection of records or delaying public access to records.
SHB 1089 (Dead) (SB 5050)
Responsible bidder criteria H State Governmen Hunt
Adding adherence to state wage payment laws to the state's responsible bidder criteria. Addresses a bidder's responsibility criteria for a public works or public contract.
2SHB 1118
Fish & wildlife cost savings H Rules R Blake
Creating cost savings by providing administrative flexibility to the department of fish and wildlife in its implementation of Title 77 RCW while not directing any changes to resource management outcomes. Provides administrative flexibility to the department of fish and wildlife in its implementation of Title 77 RCW while not directing any changes to resource management outcomes.
HB 1136 (Dead)
Employmnt after govt service H State Governmen Carlyle
Concerning employment after public service in state government. Addresses employment after public service in state government.
HB 1163 (Dead)
Paid vacation leave H Labor Tarleton
Concerning paid vacation leave. Requires minimum paid vacation leave for Washington workers. Requires the state institute for public policy to evaluate the impact of this act on the economy of the state and the health and well-being of employees.
EHB 1187 (Dead) (ESB 5014)
Water banking best practices H Rules X Chandler
Concerning best practices for water banks. HB 1187 - DIGEST Establishes the water banking best practices act.
HB 1189
City, district publ. records H Rules 3C Hunt
Regarding hours of availability of cities, towns, and special purpose districts for inspection and copying of public records. Requires cities, towns, and special purpose districts that customarily do not maintain regular office hours to post, on the agency headquarters location and their web site, directions on how to contact agency personnel to inspect or copy public records.
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Detail Report February 12, 2016 Page 4 of 28
HB 1231 (SB 6573)
Prevailing rate of wage H Rules R Ormsby
Establishing the prevailing rate of wage based on collective bargaining agreements or other methods if collective bargaining agreements are not available. Requires the industrial statistician to establish the prevailing rate of wage based on collective bargaining agreements or other methods if collective bargaining agreements are not available.
HB 1235 (Dead) (SB 5075)
Procurement law H State Governmen Holy
Making nonsubstantive changes to procurement law. Makes nonsubstantive changes to procurement law.
HB 1273 (SB 5459)
Family & medical leave insur H Approps Robinson Concerns
Implementing family and medical leave insurance. Allows workers to care for family members with a serious health condition or to recover from their own serious health condition. Expands duties of the employment security department. Requires each employer, for each individual, to pay a premium to the employment security department based on the amount of the employee's wages. Provides a business and occupation tax credit for certain employers. Changes the name of the family leave insurance program to the family and medical leave insurance program. Changes the name of the family leave insurance account to the family and medical leave insurance account.
HB 1278
Building energy use H 2nd Reading Fitzgibbon Concerns
Concerning building energy use disclosure requirements. This bill may be helpful in identifying and engaging customers in energy efficiency projects and address difficult-to-reach multifamily markets. The District would recommend a change to the effective date for disclosure requirements in order to better develop systems and protocols, and request adjustments to the monthly reporting of use data to building owners.
ESHB 1349 (SB 5678)
Exempted info/public records H Rules 3C Hunt
Concerning public records requests for the purpose of obtaining exempted employment and licensing information. HB 1349-S - DIGEST Prohibits a party, obtaining the identity of employees or volunteers from a public records request to an agency, from using that information for the purpose of obtaining information that is exempt under the public records act.
HB 1352 (SB 5094)
Hydroelectric generation H Rules R Nealey Support
Allowing incremental electricity produced as a result of efficiency improvements to hydroelectric generation projects whose energy output is marketed by the Bonneville power administration to qualify as an eligible renewable resource under the energy independence act. The Energy Independence Act currently allows qualifying utilities with big hydro projects - except for BPA - that complete efficiency upgrades, to count such improvements as incremental hydro towards I-937
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Detail Report February 12, 2016 Page 5 of 28
compliance. Utilities that contract for and purchase the majority of their power from BPA are currently not afforded this same benefit. As a result, utility customers are not treated equitably under the current law.
HB 1355 (Dead) (SB 5285)
Minimum hourly wage increase H Labor & Workpla Farrell Neutral
Increasing the minimum hourly wage to twelve dollars over four years. Increases the minimum wage to twelve dollars an hour over a four-year time period.
HB 1356 (Dead) (SB 5306)
Sick & safe employment leave H Labor & Workpla Jinkins Concerns
Establishing minimum standards for sick and safe leave from employment. The utility understands the intent of the bill, but it is concerned it has unintended consequences for employers that already have fairly generous leave programs that might not be structured the way this bill directs.
HB 1464 (2ESB 5251)
Public water syst assistance H Rules R Hudgins
Transferring public water system financial assistance activities from the public works board and the department of commerce to the department of health. Transfers, from the public works board and the department of commerce to the department of health, public water system financial assistance activities.
HB 1466
State agency data encryption H Approps Hudgins
Establishing data classification and encryption standards for state agencies. Establishes a classification schedule for data stored on or passing through state data networks. Requires state agencies to classify all data stored on state data systems according to the schedule.
HB 1468
Cybersecurity incident H Rules C Hudgins Support
Granting the governor authority to proclaim a state of emergency in the event of a cybersecurity incident. Authorizes the governor, after finding that a cybersecurity incident exists within the state, to proclaim a state of emergency.
2SHB 1469
Sensitive data/state network H Rules 3C Hudgins
Addressing removal of payment credentials and other sensitive data from state data networks. Prohibits state agencies from storing payment credentials on state data systems. Requires state agencies that currently store payment credentials to work with the office of the chief information officer to eliminate the data from state data systems. Requires the office of the chief information officer to develop a policy for minimizing the retention of social security numbers and other sensitive, personally identifiable information by state agencies when not required for the day-to-day operations of an agency or by law.
SHB 1470 Cybersecurity panel H Rules 3C Hudgins Support
Establishing a blue-ribbon panel on cybersecurity.
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Detail Report February 12, 2016 Page 6 of 28
Requires the office of the chief information officer to convene a blue-ribbon panel on cybersecurity. Requires the panel to review issues including: (1) Protecting critical infrastructure from the threat of cyberattack; (2) Protecting data transfer and enhancing the security of the state's intergovernmental network; and (3) Best practices for local government response in the event of a debilitating cybersecurity incident. Expires June 30, 2017.
HB 1523 (Dead)
Water rights relinquishment H Ag & Nat Res Taylor
Regarding the relinquishment of water rights. Abolishes relinquishment by removing all references to relinquishment in the Revised Code of Washington. Declares an intent to rely solely on the common law doctrine of abandonment.
HB 1561
Info technology security H Rules 3C Hudgins Support
Concerning the consideration of information technology security matters. Allows a governing body to hold an executive session during a regular or special meeting to consider information regarding the infrastructure and security of computer and telecommunications networks, security and service recovery plans, security risk assessments and security test results to the extent that they identify specific system vulnerabilities, and other information that if made public may increase the risk to the confidentiality, integrity, or availability of agency security or to information technology infrastructure or assets.
HB 1572 (SB 5444)
Electr vehicle infrastr bank H Trans Clibborn
Establishing an electric vehicle infrastructure bank. Creates a Washington electric vehicle infrastructure bank and requires the bank to provide financial assistance for the installation of publicly accessible electric vehicle charging stations within the state.
ESHB 1639
Govt surveillance technology H Rules 3C Taylor
Concerning technology-enhanced government surveillance. HB 1639-S - DIGEST Prohibits a state agency, including the Washington state patrol and the department of natural resources, from procuring an extraordinary sensing device unless money is expressly appropriated by the legislature for this specific purpose. Prohibits a local agency from procuring an extraordinary sensing device without the explicit approval of the governing body of the locality, given for that specific extraordinary sensing device to be used for a specific purpose.
HB 1684
Public records, charges for H Rules R Takko Support
Concerning charges for the cost of providing public records in response to public records requests. This bill amends the public records act to allow agencies to charge for copying electronic records, by the megabyte, and for scanning records if we produce in electronic format.
HB 1711 Public works contractors H Rules R Senn
Concerning criteria for bidders on public works contracts.
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Detail Report February 12, 2016 Page 7 of 28
Addresses bidder responsibility supplemental criteria for public works contracts.
E2SHB 1745 (SB 5668)
Voting rights S GovtOp&Sec Moscoso
Enacting the Washington voting rights act. HB 1745-S2 - DIGEST Establishes the Washington voting rights act of 2016 to: (1) Authorize district-based elections; (2) Require redistricting and new elections in certain circumstances; and (3) Establish a cause of action to redress lack of voter opportunity.
ESHB 1754
Building envelope/public wrk H Rules 3C Buys
Adding building envelope to the list of building trades that a prime contractor must list for bids on public works. HB 1754-S - DIGEST Requires a list of subcontractors, including subcontract work performed for the building envelope, to be provided to a public entity at the time the public entity establishes the low responsive bidder and provides intent to award the contract to the prime contractor.
HB 1758 (SB 5700)
Biofuel, etc., tax prefs H Finance Tharinger Support
Extending the expiration date of tax preferences for biofuel, biomass, and energy conservation. By request of the Office of Financial Management, this bill includes a recommendation to extend the B & O tax for amounts received as credits against contracts with or funds provided by the Bonneville Power Administration. The current exemption expires in June, 2015. HB 1758 is one of four bills subject to budget negotiations, included in this package: HB 2152, SB 5700, and SB 6041. In order to create revenue for the operating budget, the Legislature let the exemptions expire.
HB 1769 (SB 5665)
High-tech R&D tax prefs H Finance Pettigrew
Reinstating tax preferences for high-technology research and development. This bill offers Business & Occupation and Sales Tax incentives to encourage research and pilot-scale manufacturing activity in our state. The incentives expired in 2014. This is a common practice in other states and is a valuable tool to encourage technology development and commercialization.
HB 1773 (Dead) (SB 5602)
Bargaining unit reps H Labor Hunt
Prohibiting public entities from giving or loaning public funds to bargaining unit representatives for nongovernment functions. Prohibits public entities from giving or loaning public funds to bargaining unit representatives for nongovernment functions.
SHB 1793
Alternative water procuring H Rules 3C Lytton
Working within the existing in-stream flow rules adopted by the department of ecology to provide a suite of tools, applicable to property owners located in areas with limited access to legal new water withdrawals, for alternative water procurement that does not result in a net loss to area surface waters. This bill requires a city or county to enact an ordinance allowing alternative water supply when water is
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Detail Report February 12, 2016 Page 8 of 28
not legally available on a year-round basis. These alternative methods include trucked water or rain water stored in cisterns.
E2SHB 1836 (Dead)
State drought preparedness H Ag & Nat Res Stanford
Concerning state drought preparedness. HB 1836-S2 - DIGEST Addresses drought preparedness.
HB 1843 (Dead)
Energy efficiency incentive H Tech & Econ De Morris
Creating a residential energy efficiency incentive pilot program. Creates a residential energy efficiency incentive pilot program that authorizes a local jurisdiction to exempt qualifying low-income and moderate-income owners of single-family residences and qualifying owners of multiple family buildings from property taxation levied by the participating local jurisdiction. Requires the department of commerce to create a list of: (1) Approved energy modeling techniques that may be used to determine projected reductions in energy consumption for eligible retrofit projects; and (2) Approved third-party green building certifications for newly constructed multiple family buildings in order to determine eligibility.
HB 1911 (Dead) (SSB 5795)
Water or sewer facilities H Local Govt Fitzgibbon
Authorizing municipalities to create assessment reimbursement areas for the construction or improvement of water or sewer facilities. Revises the municipal water and sewer facilities act to authorize a municipality to: (1) Create an assessment reimbursement area on its own initiative, without the participation of a private property owner; (2) Finance the costs of the construction or improvement; and (3) Become the sole beneficiary of reimbursements.
HB 1929 (SB 5446)
Electric vehicle readiness H Rules R Fitzgibbon
Requiring incentives for electric vehicle readiness in buildings. Encourages the transition to electric vehicle use by developing an infrastructure of convenient electric vehicle charging opportunities.
HB 1959
Public works H Cap Budget Dunshee
Concerning public works. Changes the composition of the public works board. Requires the public works board to: (1) Establish policies and procedures designed to manage the public works assistance account in such a way as to ensure sustainability of the account; and (2) Implement policies and procedures designed to maximize local government use of federal funds to finance local infrastructure projects. Requires preconstruction and construction loans that fund projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is obtainable, to include a condition that the loan recipient undertake an investment grade efficiency audit. Addresses low interest and interest-free loans and numerically ranking public works projects.
EHB 1998 PUD natural gas production H Tech & Econ De Johnson
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Detail Report February 12, 2016 Page 9 of 28
(Dead) Allowing public utility districts to produce and sell renewable natural gas. HB 1998 - DIGEST Authorizes a public utility district to produce renewable natural gas and use the renewable natural gas that it produces for internal operations and for sale.
HB 2002 (Dead)
Coal-fired electr gen facils H Tech & Econ De Morris
Concerning regulatory and financial mechanisms and means to promote the retirement of coal-fired electric generation facilities. This is the Coal-by-Wire bill which incents the IOUs to divest their investments in Colstrip. The bill passed out of the policy committee with several amendments. Provisions specific to eminent domain and service territory have been removed from the bill.
HB 2046
Streams, definition in SMA H 3rd Reading Dent
Adding a definition of streams to the shoreline management act. Adds a definition of "streams" to the shoreline management act.
HB 2059 (Dead) (SB 5753)
Energy efficient constrction H Local Govt Peterson Support
Creating a county property tax exemption for energy efficient construction. This is a Snohomish County bill.
HB 2061
Group B water systems H 2nd Reading Short
Authorizing county legislative authorities to approve certain group B water systems based upon their delivery of water meeting safe drinking water standards. HB 2061 would authorize a county legislative authority to approve a group B water system based on delivery of the water rather than conditions at the source. This bill would preempt the State Health Department rule on Group B water systems as enforced by county health departments. This bill only applies to Eastern WA.
HB 2064 (Dead)
Utility compliance options H Tech & Econ De Morris
Providing compliance options for qualifying utilities. This is a WPUDA/Grays Harbor PUD bill. It is an alternate compliance bill under 937 for utility's experiencing low growth. The bill provides a utility mechanism for energy efficiency and conservation investments in lieu of development of renewable energy. Recognizes expanded programs, limits Commerce, and explores non-cost effective EE provisions.
HB 2083
St retirement syst employers H Approps Hunter
Regarding additional contribution rates for employers of the Washington state retirement systems. Requires the contributions received from an individual employer for a contribution rate to be deposited in the retirement system plan fund for which the rate was adopted and be credited towards the employer in that retirement system or plan for contributions, interest, and lost investment returns.
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Detail Report February 12, 2016 Page 10 of 28
HB 2125 (Dead)
Info tech budget requests H Gen Govt & Info Parker
Concerning information technology budget requests. Expands the information required for agency budget requests for proposed information technology expenditures.
HB 2129 (SB 5912)
State contracting & bonding H Rules R Santos
Bringing Washington state government contracting provisions into compliance with federal law as it relates to small works bonding requirements. Brings contracting provisions into compliance with federal law as it relates to small works bonding requirements.
HB 2134
State tax preferences H Finance Carlyle
Concerning the creation, extension, expansion, accountability, and transparency of state tax preferences. Addresses state tax preferences with regard to: (1) Improving tax preference data collection; (2) Incorporating department of revenue-led work group recommendations for improving department of revenue annual surveys and reports; (3) Authorizing public disclosure of firm-specific tax savings from business tax incentives; and (4) Updating and modernizing the department of revenue tax exemption report.
HB 2146
Public works requirements H Rules R Kilduff
Concerning public works assistance account program interest rates, project ranking, board membership, and other requirements. Changes the composition of the public works board. Modifies public works projects provisions relating to interest rates for loan programs and the priority process for certain projects.
ESHB 2156
Cities and counties/fiscal H Finance Reykdal
Promoting the fiscal sustainability of cities and counties. County utility tax added to striker.
HB 2290 (Dead)
Public record request limits H State Governme MacEwen
Limiting out-of-state requests for public records. Authorizes agencies to limit responses to public records requests to requestors who reside in Washington, represent a Washington business, or represent the news media.
HB 2330
Electric vehicle charging H Trans Muri
Modifying provisions regulating electric vehicle charging stations. Modifies provisions regarding parking spaces with electric vehicle charging stations.
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Detail Report February 12, 2016 Page 11 of 28
HB 2345 (Dead)
Combo heat & power systems H Tech & Econ D Morris
Promoting the deployment of combined heat and power systems. Authorizes a natural gas company to offer incentives for customers to invest in combined heat and power systems that result in cost-effective energy efficiency savings and achieve real, quantifiable reductions in greenhouse gas emissions. Requires the utilities and transportation commission to consult with the department of ecology and the Washington State University extension energy program to determine an appropriate methodology for evaluating, measuring, and verifying greenhouse gas emissions reductions that is consistent with established and internationally recognized protocols.
HB 2375 (Dead) (SB 6197)
Cybercrime H Rules R Magendanz
Concerning cybercrime. Establishes the Washington cybercrime act. Addresses the crimes of computer trespass, electronic data service interference, spoofing, electronic data tampering, and electronic data theft.
HB 2376 (SB 6246)
Operating sup budget 2016 H Approps Dunshee
Making 2016 supplemental operating appropriations. Makes 2016 supplemental operating appropriations.
HB 2380 (SB 6201)
Supplemental capital budget H Cap Budget Tharinger
Concerning the supplemental capital budget. Adopts the supplemental capital budget.
HB 2421 (Dead)
Greenhouse emissions/federal H Environment Pike
Directing that the state may not regulate greenhouse gas emissions beyond the requirements established by federal law. Ensures that state restrictions on greenhouse gas emissions are no more stringent than restrictions established by federal law.
HB 2455 (Dead) (ESB 6166)
Incremental electricity H Tech & Econ D Morris Concerns
Allowing incremental electricity produced as a result of certain capital investment projects to qualify as an eligible renewable resource under the energy independence act. See comments for SB 6166
HB 2457
Electric utility easements S GovtOp&Sec Young
Concerning recorded interests in easements by an electric utility. Provides that if an electric utility has a recorded interest in an easement or easements, any foreclosure of delinquent taxes and issued tax deeds are subject to the easement or easements regardless of when the easement or easements were established.
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Detail Report February 12, 2016 Page 12 of 28
HB 2486 (Dead) (SB 6257)
Environmental statutes H Rules R Fitzgibbon
Updating specified environmental statutes of the department of ecology to improve efficiency and provide for increased flexibility for local governments. Updates certain department of ecology environmental statutes to improve efficiency and provide for increased flexibility for local governments.
HB 2503 (SSB 6284)
Fire sprinkler systems H 2nd Reading Buys
Preventing water-sewer districts from prohibiting multipurpose fire sprinkler systems. This bill is not a problem for the District since the utility allows a single meter to serve both residential and fire service.
HB 2506 (Dead)
Electric facilities reg plan H Rules R Young
Concerning the development of a state plan to implement federal regulations on electric generation facilities. Requires the department of ecology, in developing, adopting, and implementing a state plan to comply with the requirements of a federal rule relating to greenhouse gas emissions from existing electric generation facilities, to select a mass-based compliance option that: (1) Maintains state flexibility to achieve compliance using market-based tools; (2) Avoids redundant or burdensome regulation on electric generation facilities; and (3) Includes participation in a regional or multistate program or interstate allowance auctions.
HB 2525 (Dead) (SB 6248)
Transition of coal units H Tech & Econ D Morris
Concerning risk mitigation plans to promote the transition of eligible coal units. Establishes the Washington state eligible coal unit risk mitigation act. Authorizes an electrical company to file a petition with the utilities and transportation commission for approval of an eligible coal unit risk mitigation plan.
HB 2576 (Dead)
Local agency public records H Rules R McBride
Concerning public records act requests to local agencies. Revises the public records act with regard to requests to local agencies. Creates the public records commission to administer the provisions of the public records act. Authorizes public agencies to recover their costs for public records requests by charging a reasonable fee when records are requested for the purpose of sale or resale. Creates the dedicated open records account.
HB 2601
Aggressive panhandling H Public Safety Orcutt Concerns
Restricting aggressive panhandling at public rest stops and rest areas. While restricted to the Okanogan area, this bill grants more complex group B water systems to be allowed even though the Department of Health does not have the staff to provide ongoing compliance monitoring and support. If this gets pushed outside the Okanogan area, the PUD may end up being obligated with new systems as they fail due to lack of adequate maintenance and care.
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Detail Report February 12, 2016 Page 13 of 28
HB 2613
Clean vehicle tax exemptions H Trans Condotta
Modifying retail sale and use tax exemptions for certain clean alternative fuel and electrically powered vehicles. Extends the existing sales and use tax exemption on certain clean alternative fuel vehicles to reduce the price of those vehicles.
HB 2630
Wages overpayment/muni corp H Rules R Appleton
Addressing the overpayment of wages by a municipal corporation. Includes a municipal corporation in the definition of "employer" for purposes of the overpayment of wages.
HB 2672 (Dead)
Utility relocation costs H Tech & Econ D Zeiger
Relating to utility relocation costs. Requires the costs of the removal or relocation of utility facilities that must be removed or relocated as a result of the construction, alteration, repair, or improvement of a rail fixed guideway system, to be included in the costs of the system and paid by the regional transit authority.
HB 2720 (Dead)
Water pollution act scope H Environment Scott
Protecting private property rights by aligning the jurisdictional scope of the state water pollution control act with the jurisdictional scope of the federal clean water act. Aligns the jurisdictional scope of the state water pollution control act with the jurisdictional scope of the federal clean water act to protect private property rights.
HB 2722 (SB 6393)
Small & limited public works H Cap Budget Kochmar
Modifying and updating small works roster construction and limited public works requirements. Authorizes state agencies and authorized local governments to: (1) Use a uniform small works roster to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property with an estimated cost of five hundred thousand dollars or less; and (2) Create a single general small works roster or a small works roster for different specialties or categories of anticipated work. Requires the department of enterprise services to work with the municipal research and services center to notify local governments authorized to use small works rosters of this authority and to provide guidance on how to use the authority.
HB 2777 (Dead) (SB 6381)
I-732 alternative H Environment Fitzgibbon Concerns
Providing an alternative to Initiative Measure No. 732. Provides a placeholder for an alternative to Initiative Measure No. 732.
HB 2788 (Dead) (SB
Municipal water rights H Ag & Nat Res Shea
Identifying water rights for municipal water supply purposes.
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Detail Report February 12, 2016 Page 14 of 28
6215) Expands the definition of "municipal water supply purposes," for purposes of this act, to include irrigation or agricultural irrigation purpose of use water rights, and dairy purpose of use water rights, held or acquired by a municipal water supplier.
HB 2803 (SB 6572)
Prevailing wage compliance H 2nd Reading Ormsby
Improving compliance with prevailing wage procedures. Addresses prevailing wage procedures with regard to imposing civil penalties on contractors and subcontractors who fail to post certain statements or records required by chapter 39.12 RCW (prevailing wages on public works).
HB 2810 (Dead)
Electrical rules review H Labor & Workpl Taylor
Concerning the review and adoption of electrical rules. Requires the department of labor and industries to adopt the nonadministrative portion of the electrical rules through a process in which the department, the Washington cities electrical committee, and the technical advisory committee have an equal vote in the adoption of the rules.
HB 2826
Energy strategy document H Rules R DeBolt
Repealing certain duties of the state energy office with regard to preparing the state energy strategy document. Repeals certain duties of the state energy office with regard to preparing the state energy strategy document.
HB 2827 (Dead)
Fuel mix disclosure H Tech & Econ De DeBolt
Repealing fuel mix disclosure requirements. This bill attempts to improve the accuracy and transparency of the reporting and calculation of the fuel mix information to retail electric customers.
HB 2841 (Dead)
State building code council H Rules R Senn
Concerning the state building code council. Imposes a temporary surcharge of one dollar on each residential building permit issued by a county or a city and a temporary surcharge of five dollars and fifty cents for each nonresidential building permit issued by a county or a city. Changes the composition and duties of the state building code council. Requires the department of enterprise services to employ permanent and temporary staff and contract for services for the state building code council. Creates the legislative task force on the state building code council's administration and operations. Requires the task force to review certain issues with regard to the state building code council and the state building code.
HB 2844 (SB 6571)
Responsible bidder criteria H 2nd Reading Ormsby
Adding training on public works and prevailing wage requirements to responsible bidder criteria.
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Requires a bidder, before award of a public works contract, to also meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project: Have attended training from the department of labor and industries or a training program approved by the department relating to the requirements associated with public works and prevailing wage under chapters 39.04 and 39.12 RCW.
HB 2845 (SB 6575)
Prevailing wage law recovery H Rules R Ormsby
Addressing the time period for workers to recover wages under prevailing wage laws. Provides that the time period for recovery of wages owed to a worker affected by a determination of the prevailing rate of wage is tolled until the prevailing wage determination is final.
HB 2846 (SB 6574)
Apprenticeship utilization H Rules R Ormsby
Addressing compliance with apprenticeship utilization requirements. Modifies public works provisions with regard to bidding on public works contracts and compliance by apprentices of labor hour requirements. Requires the supervisor of apprenticeship to monitor compliance by contractors and awarding agencies of apprenticeship utilization requirements.
HB 2875 (Dead)
Office of data privacy, etc. H 2nd Reading Smith
Establishing the office of data privacy, protection, and access equity. Creates the office of data privacy, protection, and access equity in the department of enterprise services to: (1) Serve as a central point of contact for state agencies on policy matters involving data privacy and data protection; and (2) Serve as a forum for ensuring equitable consumer access to communications and data technology. Requires the joint legislative audit and review committee to conduct a program and fiscal review of the office.
HB 2884
Alt. fuel comm. vehicles H Rules R Clibborn
Modifying the business and occupation tax and public utility tax credits for alternative fuel commercial vehicles. Allows business and occupation tax credits and public utility tax credits for leased vehicles.
HB 2886
Electrical scope of practice H Rules R Manweller
Concerning electrical scope of practice. Includes in the scope of work for the equipment repair specialty, wiring, appliances, devices, or equipment as specified by rule of the department of labor and industries. Authorizes the department of labor and industries to alter the scope of work for the restricted nonresidential maintenance specialty by rule. Revises the definition of "telecommunications systems" to include the wiring, appliances, devices, or equipment as specified by rule of the department of labor and industries, for purposes of chapter 19.28 RCW (electricians and electrical installations).
HB 2901 (Dead) (SB 6546)
Landlord utility costs H Judiciary Vick
Clarifying actual utility costs of a landlord under the manufactured/mobile home landlord-tenant act.
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Revises the manufactured/mobile home landlord-tenant act to clarify that a landlord's actual utility costs include all expenses incurred by the landlord to provide the utility to the tenant, including repair, replacement, maintenance, and administrative expenses.
HJM 4014 (Dead)
Salmon & steelhead reintro. H Ag & Nat Res Stanford
Concerning the reintroduction of salmon and steelhead above blocked areas of the Columbia river. Urges the federal government and the region to pursue the reintroduction of salmon and steelhead above the Chief Joseph and Grand Coulee dams through a pragmatic and science-based phased approach.
ESB 5014 (EHB 1187)
Water banking best practices S Rules 3 Honeyford
Concerning best practices for water banks. SB 5014 - DIGEST Establishes the water banking best practices act.
SB 5062 (Dead)
Water quality enforcement S Ag/Water/RurEcD Honeyford
Concerning water quality enforcement procedure. Extends the reporting deadline to the department of ecology for certain water pollution determinations. Prohibits the department of ecology from issuing an order or directive unless the department demonstrates through site-specific testing or observation that the person receiving the order or directive is in fact causing pollution of the particular waters of the state identified in the order or directive.
ESSB 5077 (ESHB 1106)
Operating bdgt 2015, 2015-17 S Rules 3 Hill
Making 2015 fiscal year and 2015-2017 fiscal biennium operating appropriations. SB 5077-S - DIGEST Makes 2015 fiscal year and 2015-2017 fiscal biennium operating appropriations.
ESB 5091
Nuclear energy as alt energy S Rules 3 Brown
Including nuclear energy in the definition of a "qualified alternative energy resource" for the purposes of RCW 19.29A.090. SB 5091 - DIGEST Revises the definition of "qualified alternative energy resource," for the purposes of RCW 19.29A.090 (voluntary option to purchase qualified alternative energy resources), to include nuclear energy.
2SSB 5093
Nuclear energy edu program S Rules 3 Brown
Creating the nuclear energy education program. Creates the nuclear energy education program to provide students in grades eight through twelve the opportunity to participate in classroom presentations and instruction regarding the science and technology of the nuclear energy field. Requires the program to be administered by the director of the Washington State University extension energy program. Creates the Washington nuclear energy education account.
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SB 5094 (HB 1352)
Hydroelectric generation S Rules 3 Brown Support
Allowing incremental electricity produced as a result of efficiency improvements to hydroelectric generation projects whose energy output is marketed by the Bonneville power administration to qualify as an eligible renewable resource under the energy independence act. Authorizes a qualifying utility to use certain eligible renewable resources to meet its compliance obligation. Prohibits a qualifying utility from transferring or selling these eligible renewable resources to another utility for compliance purposes under the energy independence act. Prohibits allocated renewable energy credits from being transferred or sold to another qualifying utility for compliance under the energy independence act.
SB 5097 (2EHB 1115)
Capital budget 2015, 2015-17 S Ways & Means Honeyford
Concerning the capital budget. Adopts the capital budget.
SB 5114
Modular reactor production S Ways & Means Brown
Providing incentives for production of modular reactors. Provides a sales and use tax exemption on the production of modular reactors including sales of modular reactor construction materials, machinery, and equipment, and on the sale or use of tangible personal property that becomes an ingredient or component of modular reactors.
SB 5115
Small modular reactor siting S Ways & Means Brown
Studying the siting of small modular reactors in Washington. Requires the energy facility site evaluation council to study matters relating to the siting of small modular reactors in the state.
SB 5131 (Dead)
Skagit instream flow rule S Ag/Water/RurEc Pearson
Concerning the Skagit instream flow rule. Requires the department of ecology, in consultation with appropriate state agencies, Indian tribes, local government, and interested parties, to adopt a new water management plan or instream resources protection program for the lower and upper Skagit water resource inventory area (WRIA 3 and 4) that will reflect an appropriate balance between the needs of people, industry, and fish.
SB 5134 (Dead)
Instream flows/base, minimum S Ag/Water/RurEc Bailey
Concerning base flows and minimum instream flows. Addresses minimum water flows and levels with regard to the effect on groundwater withdrawals.
SB 5191 (Dead)
Private property rights S Law & Justice Benton
Prohibiting the state of Washington and its political subdivisions from adopting and developing environmental and developmental policies that infringe or restrict private property rights without due process.
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Prohibits the state and its political subdivisions from adopting and developing environmental and developmental policies that infringe or restrict private property rights without due process.
SB 5204
Hydraulic projct permit fees S Rules 3 Parlette
Providing an exemption from hydraulic project permit fees for certain emergency permits. Exempts from hydraulic project permit fees, emergency permits where the hydraulic project is necessitated by a fire, earthquake, storm, flood, or similar natural disaster or phenomena for which the governor has declared a state of emergency. Expires June 30, 2017.
2ESB 5251 (HB 1464)
Public water syst assistance S Passed 3rd Honeyford
Transferring public water system financial assistance activities from the public works board and the department of commerce to the department of health. SB 5251 - DIGEST Transfers, from the public works board and the department of commerce to the department of health, public water system financial assistance activities.
SSB 5298 (HB 1338)
Municipal waters, diversion S Rules 3 Ericksen
Concerning the diversion of certain municipal waters. Finds that the legislature will, when certain conditions have been met, clearly serve overriding considerations of the public interest for the department of ecology to make uninterruptible supplies of water available for appropriation for a municipal water supplier, notwithstanding when certain minimum instream flows or levels have been established.
SB 5363
Eminent domain/econ devel S Rules 3 Padden
Prohibiting the use of eminent domain for economic development. Allows private property to be taken only for public use and the taking of private property by a public entity for economic development does not constitute a public use. Prohibits a public entity from taking property for the purpose of economic development. Specifies that condemnation of property in blighted areas for economic development is not a public use.
ESSB 5407
Instream flow rules, effects S Rules 3 Pearson
Concerning the effects of instream flow rules on water use. This bill states that instream flow rules may limit exempt wells only if Ecology demonstrates that a specific permit-exempt well, by itself and not when considered in the aggregte, will in fact cause impairment to the level or flow.
SB 5491
Reservations of water S Rules 3 Parlette Neutral
Maintaining reservations of water for certain future uses. This bill states that instream flows set prior to October 3, 2013 will qualify for the use of OCPI, except for the Skagit instream flow rule.
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ESB 5524
Persons with disabilities S Rules 3 Sheldon
Enhancing the employment of persons with disabilities. SB 5524 - DIGEST Establishes the state employment disability parity act. Requires state agencies employing one hundred or more people to submit a report to the human resources director within the office of financial management, with copies to the director of the department of social and health services' division of vocational rehabilitation and the governor's committee on disabilities and employment that includes, but is not limited to, the following information: (1) The number of employees classified as individuals with disabilities; (2) The number of employees hired from a division of vocational rehabilitation services or from the division of the services for the blind program during the previous year; and (3) Opportunities for internships for a division of vocational rehabilitation or division of the services for the blind client placement leading to an entry-level position placement upon successful completion for the current year.
SB 5542 (HB 1549)
PUD privilege tax S Rules 3 Hill Neutral
Providing reasonable tools for the effective administration of the public utility district privilege tax. Modifies provisions relating to the administration of the public utility district privilege tax.
ESSB 5575
Coal to natrl gas or biomass S 3rd Reading Braun
Providing sales and use tax exemptions, in the form of a remittance of tax paid, to encourage coal-fired electric generation plants or biomass energy facilities to convert to natural gas-fired plants. (REVISED FOR ENGROSSED: Providing sales and use tax exemptions, in the form of a remittance of tax paid, to encourage coal-fired electric generation plants to convert to natural gas-fired plants or biomass energy facilities. ) SB 5575-S - DIGEST Provides a sales and use tax exemption for labor and services rendered in respect to the constructing of new structures, and expansion or renovation of existing structures, for the purpose of converting a coal-fired electric generation facility into a natural gas-fired plant or a biomass energy facility. Expires July 1, 2025.
SB 5604 (Dead)
Countywide planning policies S GovtOp&Sec Liias
Addressing the review and evaluation of countywide planning policies under the growth management act. This bill requires cities and counties to conduct a land capacity analysis to determine land availability and housing density for the purpose of growth management.
2ESB 5624
Essential infrastructure H Cap Budget Keiser
Concerning financing essential public infrastructure. This bill would create a program intended to replace the current Public Works Assistance Account. These bills would “ pool” local resources, and allow the State Treasurer to secure low-interest rates in the private market that are guaranteed by the State. The benefit of the program would be lower interest rates and increased availability of loans for local governments on the private market. However, it would not provide any new revenue to local infrastructure. Senate Joint Resolution 8204 is a constitutional amendment required to allow the Treasurer to provide the State's full faith and credit to back the local government bonds.
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SB 5628
Infrastructure/water, etc. S Ways & Means Honeyford Neutral
Providing for storm water, flood control, and water supply infrastructure in the state. This bill would set up an infrastructure fund for flood control, water supply and stormwater. The source of funding is a per parcel fee that varies with size of the parcel and provides for some exemptions.
SB 5700 (HB 1758)
Biofuel, etc., tax prefs S Ways & Means Hargrove Support
Extending the expiration date of tax preferences for biofuel, biomass, and energy conservation. See comments for HB 1758.
SSB 5730
Access roads utilized by DNR S Rules 3 Pearson
Concerning access roads utilized by the department of natural resources. Specifies that when the department of natural resources has acquired an easement or other interest in lands, it has an affirmative and ongoing duty to ensure that it maintains compliance with its responsibilities under road maintenance or repair requirements included in the easement or other applicable agreement. Specifies that when a public agency acquires property that benefits from an easement allowing the use of a department of natural resources road for commercial purposes and the agency intends to use the road for noncommercial purposes, it may communicate that intent to the department in writing. Requires the department of natural resources, before abandoning or otherwise closing a road, to provide reasonable alternative access to private property where the owner of that property has relied on the road for access to the property for at least twenty-five consecutive years. Changes the access road revolving fund to the access road account and modifies expenditures.
ESSB 5735
Carbon reduction investments S 3rd Reading Ericksen Neutral
Providing incentives for carbon reduction investments. SB 5735-S - DIGEST Revises the energy independence act to provide incentives for carbon reduction investments.
ESSB 5804 (HB 1289)
State energy code, adoption S Rules 3 Liias Concerns
Modifying the procedure for adoption and amendment of the Washington state energy code. Initially, the revised bill language took out most of the utility's strongest concerns but the remaining language seems structured to make future building code updates much more difficult, more costly, and much less likely. The utilization of national processes and consensus standards (even though permissive) seem targeted to limit the codes process going forward with no real benefit.
ESB 5874
Retiring eligible coal plant S Rules 3 Ericksen Neutral
Concerning regulatory and financial mechanisms and means to promote the retirement of coal-fired electric generation facilities. (REVISED FOR ENGROSSED: Requiring the department of commerce, in consultation with the appropriate committees of the legislature, to study the costs and benefits of retiring an eligible coal plant. ) SB 5874 - DIGEST Establishes the Washington state coal generation retirement program act. Promotes the
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retirement of coal-fired electric generation facilities.
SSB 5965
Base and min. instream flows S Rules 3 Warnick
Evaluating mitigation options for impacts to base flows and minimum instream flows. This bill requires Ecology to do a study of techniques used to mitigate for permit-exempt groundwater withdrawals and instream flow techniques
SB 6004
Coal displacement power S Rules 2 Braun
Providing for the acquisition of coal displacement power. Allows electrical companies, that participated previously in the retirement of a coal-fired generation plant in this state by purchasing coal transition power, to receive the same rate of return on power purchase agreements that will displace the coal transition power purchase agreements.
ESSB 6062
Marijuana regulations S Rules 3 Hill
Concerning marijuana regulations. SB 6062-S - DIGEST Increases the marijuana excise tax rate to thirty-seven percent on sales at retail. Removes the marijuana excise tax on licensed marijuana producers and processors. Eliminates the dedicated marijuana fund. Changes the name of the state liquor control board to the state liquor and cannabis board. Changes distribution requirements of marijuana excise taxes collected by the state liquor and cannabis board.
SB 6102
Capital gains excise tax S Ways & Means Ranker
Enacting an excise tax on capital gains to improve the fairness of Washington's tax system and provide funding for the education legacy trust account. Imposes a tax on all individuals, beginning January 1, 2016, for the privilege of: (1) Selling or exchanging long-term capital assets; or (2) Receiving Washington capital gains. Allows a business and occupation tax deduction against a person's gross income of the business to the extent necessary to avoid taxing the same amounts under chapter 82.04 RCW and section 202 of this act. Requires revenue collected under this act to be deposited in the education legacy trust account which must only be spent on the program of basic education.
SB 6115 (Dead)
Water, sewerage businesses S GovtOp&Sec Chase
Limiting tax imposed by a city or town on a water distribution business, a sewerage system business, or water and sewerage system business. Prohibits a city or town from imposing a tax on the privilege of conducting a water distribution business, a sewerage system business, or a water and sewerage system business at a rate that exceeds six percent unless the rate is first approved by a majority of the voters of the city or town voting on the proposition.
ESB 6166 (HB 2455)
Incremental electricity H Tech & Econ De Takko Concerns
Allowing incremental electricity produced as a result of certain capital investment projects to qualify as an eligible renewable resource under the energy independence act.
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The addition of getting credit for increasing output through incremental capital investment to a resource other than hydro. The concern here for utilities is that it should not exclude incremental hydro. This effort to work with bill proponents is underway.
SB 6169
Easements in tax forclosures S 2nd Reading Angel Support
Concerning easements in property tax foreclosures. Amending the law to protect any easement that has been recorded, and takes the timeline off the table.
SB 6171 (HB 2353)
OPMA civil penalties S Rules 2 Roach
Concerning civil penalties for knowing attendance by a member of a governing body at a meeting held in violation of the open public meetings act. Modifies the structure of civil penalties for knowing attendance by a member of a governing body at a meeting held in violation of the open public meetings act.
SB 6172 (Dead)
Clean water act/prelim certs S Energy, Enviro Ericksen
Regarding preliminary certifications under section 401 of the federal clean water act. Requires the department of ecology, when it reviews a project for certification under section 401 of the federal clean water act, to issue a preliminary version of the certification no later than thirty days after receiving a complete application for the project.
SB 6173
Greenhouse gas limits S Rules 2 Ericksen
Prohibiting rules and policies that limit greenhouse gas emissions. Prohibits the department of ecology from adopting a rule or policy establishing a statewide limit, cap, or standard, to control the amount of greenhouse gas emissions occurring during a period of time.
SB 6174
Ballot titles/initiatives S Rules 2 Ericksen
Concerning ballot titles for initiatives to the people. Requires an initiative to the people that imposes a tax, fee, or charge to be given a ballot title describing the initiative as a measure that increases taxes.
SB 6176 (Dead)
Electric vehicle equip. fee S Energy, Enviro Ericksen
Requiring the utilities and transportation commission to consider policies that allow electrical companies to establish a user fee or other similar charge for electric vehicle supply equipment that is deployed for the benefit of ratepayers. Requires the utilities and transportation commission to consider, and authorizes the commission to adopt, policies that allow electrical companies to establish a user fee or other similar charge for electric vehicle supply equipment that is deployed for the benefit of ratepayers.
SSB 6179 Water banking H Ag & Nat Res Honeyford
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Concerning water banking. Prohibits the department of ecology from using water banking to provide for mitigation of water resource impacts unless an adequate water supply is available for the purpose of providing mitigation. Requires the department of ecology to: (1) Include a schedule or table for each water bank that shows: (a) The amount charged for mitigation; (b) the priority date of water made available for mitigation; and (c) the amount of water made available for mitigation; and (2) Update the schedule or table on a quarterly basis, using information provided to it by each water bank.
SB 6188 (Dead)
Distributed generation S Energy, Enviro McCoy Concerns
Concerning distributed generation. The primary concerns in the bill relate to state agency roles and program design. It does extend the solar incentives and raises the utility cap. Currently, HB 2346 is the primary solar incentive bill.
SB 6196 (HB 2620)
Energy site eval. council S 2nd Reading McCoy
Modifying administrative processes for the utilities and transportation commission in managing deposits and cost reimbursements of the energy facility site evaluation council. Addresses reimbursement to the utilities and transportation commission for costs incurred in processing applications for energy facility site certification.
SB 6197 (HB 2375)
Cybercrime S Rules 2 Miloscia
Concerning cybercrime. Establishes the Washington cybercrime act. Addresses the crimes of computer trespass, electronic data service interference, spoofing, electronic data tampering, and electronic data theft.
SB 6201 (HB 2380)
Supplemental capital budget S Ways & Means Honeyford
Concerning the supplemental capital budget. Adopts the supplemental capital budget.
ESSB 6206 Industrial hemp growing S Passed 3rd Hasegawa
Authorizing the growing of industrial hemp.
SB 6215 (HB 2788)
Municipal water rights S Rules 2 Padden Concerns
Identifying water rights for municipal water supply purposes. Expands the definition of "municipal water supply purposes," for purposes of this act, to include irrigation or agricultural irrigation purpose of use water rights, and dairy purpose of use water rights, held or acquired by a municipal water supplier.
SB 6217 Nuclear power/EPA power plan S Rules 2 Brown
Regarding nuclear power generation in the state plan submitted to the United States environmental protection agency under the clean power plan.
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Requires any state plan for this state submitted to the United States environmental protection agency pursuant to the clean power plan, or any rule adopted under the clean power plan or section 111(d) of the federal clean air act, to provide for the use of new or uprated nuclear generation, including small modular reactors, to the maximum extent allowable.
SB 6218
Clean energy education prg. S Rules 2 Brown
Creating the clean energy education program. Creates the clean energy education program which will be administered by the director of the Washington State University extension energy program. Requires the director to: (1) Develop a series of workshops open to voluntary participation by eligible students focusing on a variety of clean energy technologies; (2) Develop workshops that feature a broad variety of clean energy technologies for the purpose of presenting a diverse range of ideas to students; (3) Develop a process for including individuals active in the field of energy technology as voluntary participants in the workshops; (4) Develop a strategy for publicizing workshops to eligible students and their teachers; and (5) Develop an application process for eligible students to participate in the workshops. Creates the clean energy education program account.
SB 6225 (Dead)
Carbon sequestration S Energy, Enviro Brown
Including carbon sequestration among the principles guiding development and implementation of the state energy strategy. Requires the state to encourage carbon sequestration to guide development and implementation of the state's energy strategy and to meet certain goals.
SB 6237 (Dead)
Telecom. services/PUDs S Energy, Enviro Rolfes
Ensuring economic development by authorizing public utility districts to provide retail telecommunications services. Authorizes public utility districts to provide retail telecommunications services and provides a structured manner for which public utility districts may provide retail broadband services to end-use customers.
SB 6246 (HB 2376)
Operating sup budget 2016 S Ways & Means Hill
Making 2016 supplemental operating appropriations. Makes 2016 supplemental operating appropriations.
SB 6247
On-site sewage system fees S Ways & Means Angel
Exempting from state and local taxes on-site sewage system fees required by a local government to be paid by an on-site sewage system owner to an on-site sewage system contractor or inspector. Provides a sales and use tax exemption and a business and occupation tax exemption for local government fees paid by an on-site sewage system owner to a certified on-site sewage system contractor or inspector that are subsequently required to be submitted to the local government imposing the fee by the certified on-site sewage system contractor or inspector.
SB 6248 Transition of coal units S Rules 2 Ericksen
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(HB 2525) Concerning risk mitigation plans to promote the transition of eligible coal units. Establishes the Washington state eligible coal unit risk mitigation act. Authorizes an electrical company to file a petition with the utilities and transportation commission for approval of an eligible coal unit risk mitigation plan.
SB 6253 (Dead)
Community solar projects/PUD S Energy, Environ Sheldon
Allowing public utility districts to own community solar projects within or without district boundaries. Authorizes a public utility district to organize, administer, and own a community solar project. Requires a district-owned solar energy system to be voluntarily funded by the district's ratepayers where, in exchange for their financial support, the district gives contributors a payment or credit on their utility bill for the value of the electricity produced by the project. Includes public utility districts in the definition of "utility," in chapter 82.16 RCW, for purposes of community solar projects.
SB 6256
Energy financing voter app. S Rules 2 Sheldon
Concerning the Washington state energy financing voter approval act. Exempts a plant or installation that generates electricity through the use of a small modular reactor from the definition of "major public energy project" for purposes of the state energy financing voter approval act.
SB 6258 (Dead)
Employmnt after govt service S GovtOp&Sec Carlyle
Concerning employment after public service in state government. Prohibits certain former state officials and employees from lobbying or attempting to influence state government within one year of leaving public service. Requires certain former state officials and employees to disclose certain employment activities for one year after leaving public service.
SB 6306 (Dead)
Carbon pollution tax S Energy, Enviro Hobbs
Creating a fossil fuel carbon pollution tax. Establishes the evergreen initiative. Imposes a fossil fuel carbon pollution tax upon the carbon content of fossil fuels extracted, manufactured, or introduced into the state equal to eight dollars per metric ton of carbon dioxide. Requires the department of revenue to calculate the carbon content of fossil fuels, in consultation with the department of ecology. Exempts certain fossil fuels from the fossil fuel carbon pollution tax. Creates the carbon pollution revenues account.
SB 6381 (Dead) (HB 2777)
I-732 alternative S Energy, Enviro Ericksen Concerns
Providing an alternative to Initiative Measure No. 732. Provides a placeholder for an alternative to Initiative Measure No. 732.
SB 6393 (HB 2722)
Small & limited public works S Rules 2 Warnick
Modifying and updating small works roster construction and limited public works requirements.
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Authorizes state agencies and authorized local governments to: (1) Use a uniform small works roster to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property with an estimated cost of five hundred thousand dollars or less; and (2) Create a single general small works roster or a small works roster for different specialties or categories of anticipated work. Requires the department of enterprise services to work with the municipal research and services center to notify local governments authorized to use small works rosters of this authority and to provide guidance on how to use the authority.
SB 6480
Broadband service/B&O tax S Ways & Means Ericksen
Creating a business and occupation tax credit for capital costs associated with providing retail broadband service using qualified broadband equipment. Provides a business and occupation tax credit for the capital costs associated with providing retail broadband service using qualified broadband equipment.
SB 6500 (Dead)
Aquatic lands management S Acct & Reform Miloscia
Concerning aquatic lands management. Requires the state auditor's office to conduct a performance audit of the department of natural resources focused on its contract management procedures for state-owned aquatic lands. Prohibits the department of natural resources from granting any easement or other right in aquatic lands unless certain conditions are met. Requires the department of natural resources to study the application of the Baldrige quality management framework or equivalent performance management system to its own activities and report its findings to the governor and the relevant legislative policy and fiscal committees.
ESSB 6528
Cybersecurity jobs act S Passed 3rd Brown
Enacting the cybersecurity jobs act. SB 6528-S - DIGEST Establishes the cybersecurity jobs act. Requires the office of the state chief information officer to: (1) Implement a process for detecting, reporting, and responding to security incidents consistent with the information security standards, policies, and guidelines adopted by the state chief information officer; (2) Develop plans and procedures to ensure the continuity of commerce for information resources that support the operations and assets of state agencies in the event of a security incident; and (3) Work with the department of commerce and other economic development stakeholders to facilitate the development of the state as a national leader in cybersecurity.
SB 6545
Clean energy economy S Rules 2 Ericksen
Creating a task force on Washington's clean energy economy. Creates the task force on Washington's clean energy economy to comprehensively review the state's laws, rules, and tax system with the goal of making recommendations to the legislature for leveraging the state's clean energy economy to grow the state's manufacturing sector. Expires December 31, 2016.
SB 6546 (Dead) (HB 2901)
Landlord utility costs S Fin Inst/Ins Roach
Clarifying actual utility costs of a landlord under the manufactured/mobile home landlord-tenant act. Revises the manufactured/mobile home landlord-tenant act to clarify that a landlord's actual utility costs
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include all expenses incurred by the landlord to provide the utility to the tenant, including repair, replacement, maintenance, and administrative expenses.
SB 6554
Assault of utility worker S 2nd Reading Benton Support
Providing an aggravating circumstance for assault against a utility worker. A court may consider a sentence outside the standard sentencing range for assault as an aggravating factor when the victim is a public or private utility worker performing official duties. Official duties include maintenance work on utility poles, utility meters, or other utility infrastructure. Proponent is IBEW.
SB 6571 (Dead) (HB 2844)
Responsible bidder criteria S Commerce and L Conway
Adding training on public works and prevailing wage requirements to responsible bidder criteria. Requires a bidder, before award of a public works contract, to also meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project: Have attended training from the department of labor and industries or a training program approved by the department relating to the requirements associated with public works and prevailing wage under chapters 39.04 and 39.12 RCW.
SB 6572 (Dead) (HB 2803)
Prevailing wage compliance S Commerce and L Conway
Improving compliance with prevailing wage procedures. Addresses prevailing wage procedures with regard to imposing civil penalties on contractors and subcontractors who fail to post certain statements or records required by chapter 39.12 RCW (prevailing wages on public works).
SB 6573 (Dead) (HB 1231)
Prevailing rate of wage S Commerce and L Conway
Establishing the prevailing rate of wage based on collective bargaining agreements or other methods if collective bargaining agreements are not available. Requires the industrial statistician to establish the prevailing rate of wage based on collective bargaining agreements or other methods if collective bargaining agreements are not available.
SB 6574 (Dead) (HB 2846)
Apprenticeship utilization S Commerce and L Conway
Addressing compliance with apprenticeship utilization requirements. Modifies public works provisions with regard to bidding on public works contracts and compliance by apprentices of labor hour requirements. Requires the supervisor of apprenticeship to monitor compliance by contractors and awarding agencies of apprenticeship utilization requirements.
SB 6575 (Dead) (HB 2845)
Prevailing wage law recovery S Commerce and L Conway
Addressing the time period for workers to recover wages under prevailing wage laws. Provides that the time period for recovery of wages owed to a worker affected by a determination of the prevailing rate of wage is tolled until the prevailing wage determination is final.
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Detail Report February 12, 2016 Page 28 of 28
SB 6589
Water storage/exempt wells S 2nd Reading Bailey
Concerning a feasibility study to examine whether water storage would provide noninterruptible water resources to users of permit exempt wells. Requires the department of ecology, in cooperation with the department of health, Skagit county, and nonmunicipally owned public water systems in Skagit county, to conduct a study to examine the feasibility of using water storage to recharge the Skagit river basin when needed to meet minimum instream flows and to provide noninterruptible water resources to users of permit exempt wells within the Skagit river basin.
SB 6637
Public works requirements S Ways & Means Warnick
Concerning public works assistance account program interest rates, project ranking, board membership, and other requirements. Changes the composition of the public works board. Requires the public works board to: (1) When establishing interest rates for loan programs, base interest rates on the average daily market interest rate for tax-exempt municipal bonds; and (2) In collaboration with other federal and state organizations, advocate groups, and other stakeholders associated with infrastructure, provide the governor and the appropriate legislative committees with a comprehensive assessment of local infrastructure needs and potential resources within the state to meet those needs.
SB 6654 (Dead)
Prevailing wage requirements S Commerce and La Chase
Extending the application of prevailing wage requirements to publicly subsidized projects. Makes prevailing wage requirements applicable to publicly subsidized projects.
SJM 8000 (Dead)
Nuclear waste repository S Rules 3 Brown
Requesting the permanent siting and development of a federal nuclear waste repository. Requests the permanent siting and development of a federal nuclear waste repository.
Page 32/218
Energy Risk Management Committee Quarterly Report to the Commission – Fourth Quarter 2015
16 February 2016
Page 33/218
0
100
200
300
400
500
6001
-Oct
-15
4-O
ct-1
5
7-O
ct-1
5
10
-Oct
-15
13
-Oct
-15
16
-Oct
-15
19
-Oct
-15
22
-Oct
-15
25
-Oct
-15
28
-Oct
-15
31
-Oct
-15
3-N
ov-
15
6-N
ov-
15
9-N
ov-
15
12
-No
v-1
5
15
-No
v-1
5
18
-No
v-1
5
21
-No
v-1
5
24
-No
v-1
5
27
-No
v-1
5
30
-No
v-1
5
3-D
ec-
15
6-D
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15
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15
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-De
c-1
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15
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21
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c-1
5
24
-De
c-1
5
27
-De
c-1
5
30
-De
c-1
5
Slic
e, a
MW
Actual Planned
Supply
Actual Relative to Planned
Q4 October November December
Slice Below Below Below As planned
Wind Above* Above* Above* Above*
Jackson Above* As planned Above* Above*
2 Page 34/218
Demand
3
0
20
40
60
80
100
120
140
160
0
200
400
600
800
1000
12001
-Oct
-15
4-O
ct-1
5
7-O
ct-1
5
10
-Oct
-15
13
-Oct
-15
16
-Oct
-15
19
-Oct
-15
22
-Oct
-15
25
-Oct
-15
28
-Oct
-15
31
-Oct
-15
3-N
ov-
15
6-N
ov-
15
9-N
ov-
15
12
-No
v-1
5
15
-No
v-1
5
18
-No
v-1
5
21
-No
v-1
5
24
-No
v-1
5
27
-No
v-1
5
30
-No
v-1
5
3-D
ec-
15
6-D
ec-
15
9-D
ec-
15
12
-De
c-1
5
15
-De
c-1
5
18
-De
c-1
5
21
-De
c-1
5
24
-De
c-1
5
27
-De
c-1
5
30
-De
c-1
5
Tem
per
atu
re, D
egr
ee
s Fa
hre
nh
eit
Load
, aM
W
Load, Actual Load, Planned Maximum Temperature, Actual
Maximum Temperature, Historical Average Temperature, Actual Average Temperature, Historical
Page 35/218
Market Prices
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
$80.00
$90.00
$100.00
$ /
MW
h
Real-Time Prices Day-Ahead Prices
4 Page 36/218
Forward Prices
0
5
10
15
20
25
30
35
400
1/0
5/1
5
01
/15
/15
01
/25
/15
02
/04
/15
02
/14
/15
02
/24
/15
03
/06
/15
03
/16
/15
03
/26
/15
04
/05
/15
04
/15
/15
04
/25
/15
05
/05
/15
05
/15
/15
05
/25
/15
06
/04
/15
06
/14
/15
06
/24
/15
07
/04
/15
07
/14
/15
07
/24
/15
08
/03
/15
08
/13
/15
08
/23
/15
09
/02
/15
09
/12
/15
09
/22
/15
10
/02
/15
10
/12
/15
10
/22
/15
11
/01
/15
11
/11
/15
11
/21
/15
12
/01
/15
12
/11
/15
12
/21
/15
12
/31
/15
$/M
Wh
December 2016, Heavy Load Hour Calendar Year 2017, Heavy Load Hour
5 Page 37/218
Tests
Page 38/218
Credit Limit Analysis
The District has approximately 50 approved trading counterparties
Each counterparty is rated on a scale from A (high) to D (low), and sales and purchases are allowed to be made in declining terms and amounts
NO Violations during the quarter.
7 Page 39/218
Financial Load Resource Imbalance Test
Risk limits for this test apply to our net power position using Slice and Wind generation at critical conditions
No open position is allowed to have a market value greater than:
$7.3M in any one-month
$16.0M for one-quarter
$36.4M for one-year
$57.6M in total for all positions added together.
NO Violations during the quarter.
8 Page 40/218
Price Volatility Test
Our net long or short positions are subject to risk through, among other things, movements in market prices
Risk limits for this test apply for possible one-day and five-day price movements
Possible price movements are calculated on the basis of currently observed price volatility in forward markets
NO Violations during the quarter.
9 Page 41/218
Questions?
Page 42/218
H2O SUPPLY UPDATE
Snohomish County PUD
Mike Shapley – Short Term Power Trader
Commission Meeting
February 16, 2016 Page 43/218
Agenda:
Recent and forecasted H2O supply conditions.
Reservoir conditions.
BPA Slice generation forecast.
Long term weather forecast.
Resource availability.
Conclusions.
2 Page 44/218
H2O supply rankings 1961-2016:
3
Jan – Jul period
Page 45/218
H2O supply forecast
4 Page 46/218
El Nada? Wetter than average conditions
5 Page 47/218
El Nino? Yes, warmer than average. Snohomish PUD loads were 4% less than long term average
6 Page 48/218
Weather is driven by wind and ocean temperatures:
7
January 28, 2016
October 12, 2015
Page 49/218
Canadian treaty storage:
8 Page 50/218
Grand Coulee non power operational constraints:
9 Page 51/218
10 Page 52/218
11
Weather forecast update:
Page 53/218
12
The official 3 month forecast: Does it look familiar?
Page 54/218
Probability of El Nino is low for the summer.
CPC (Climate Prediction Center) and IRI (International Research Institute) are agencies within NOAA
13 Page 55/218
Load and Resource Balance:
14 Page 56/218
Regional Generation Resource Sufficiency:
15
Models used to forecast resource availability indicate
adequate generation resource capacity will be available. Example of April 2016: 5,000 MW’s of available on peak daily
capacity. Example of July 2016: 4,700 MW’s of available on peak daily
generation capacity. The model uses known information such as planned
generation outages, weather and load forecast, gas price forecast, water supply and imports and exports based on transmission line outages and adjacent area pricing.
Page 57/218
Conclusions:
• Forward prices remain low due to moderate demand and adequate generation supply.
• Regulatory, economic and political uncertainty may bring changes to the industry.
• We see a declining El Nino forecast however model uncertainty exists later in the spring. The ensemble model predictions forecast a normal water supply runoff and a predictable summer.
• Snohomish is planning for blend or slightly below average water conditions for the remainder of the water year.
• The oil and natural gas markets should rebalance to slightly higher levels due to consumption growth, reductions in excess inventory and cuts in new infrastructure development, however historic low prices are expected for 2016.
16 Page 58/218
Questions?
17 Page 59/218
Helping Customers with Winter Bills
February 16, 2016
1
Page 60/218
Today’s situation
Bills/Usage all around higher• Temperatures are colder• Shorter days• Heavier and more frequent rain
Changes to billing process • New for us and our customers• Recapping why
2
Page 61/218
High bills in the news…
3
--KHQ (Avista)
--Ellensburg Daily Record (Kittitas County PUD/PSE)
--TDN (Cowlitz PUD)
--Curry Coastal Pilot (Coos Curry Electric Corp.)
Page 62/218
How estimated bills are calculated
4
Page 63/218
Average daily temperature & heating use
0
10
20
30
40
50
60
70
80
September October November December January
Out
side
Tem
pera
ture
(°
F)
Last Year(Sep 2014-Jan 2015)
This Year(Sep 2015-Jan 2016)
Average Daily Temperature
Heating You Pay For
Page 64/218
0
10
20
30
40
50
60
70
80
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Aver
age
Daily
Tem
pera
ture
(F)
Heat
ing
Degr
ee D
ays
Everett, WA, Past 13 Months
HDD Average Daily Temp
Heating degree days• Heating degree days is a
measurement designed to reflect the energy needed to heat a home.
• A heating degree day is the difference between the daily average outdoor temperature and a baseline indoor temperature of 65 degrees.
• The sum of those daily calculations for a month – or a billing period –better captures the impacts of short cold snaps than a monthly average temperature can.
6
Oct-Nov 201523% decrease in average daily temperature but a 130% increase in HDD
Page 65/218
Example: Based on a 1,400 sq. ft. electrically heated home
7
$154
$290
$675
$409
$275
$169 $188
$223
$411
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Past 13 Months – Energy Charges Billed
Estimated Bill Meter Read Bill
0
100
200
300
400
500
600
700
800
0
1000
2000
3000
4000
5000
6000
7000
8000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
HDD
kWh
Past 13 Months – kWh Usage Billed
Estimated Bill Meter Read Bill HDD
total$377
total$701
Page 66/218
What we are hearing….• We moved in four months ago and my bill has gone up
each month.• My bill has doubled…• We completed many home improvements, including
energy efficiency projects and I am not seeing my bills go down.
• How can my family budget for our bill when it changes drastically every month?
• My family member moved out, why didn’t my bill go down?
• It seems like you are guessing at my usage; is that fair?• I want you to go back to billing me every two months.
8
Page 67/218
Help for CustomersWe offer a variety of PUD solutions for our customers:
• If customers are in their home less than a year, we recommend Previous Period Billing.• If customers prefer a more equalized billing, Budget Billing would be a good fit
for them.• If customers are struggling to pay high winter bills, we have Discount and
Assistance programs available.• We have great Energy Efficiency programs to aid with conservation efforts.• If customers are not comfortable with paying the full estimated amount, we
are committed to offering reasonable payment arrangements.
9
Page 68/218
What can customers do to conserve?• Replace incandescent bulbs with LEDs and CFLs• Replace faucet aerators and showerheads with low
flow versions• Check windows and doors for leaks• Check and adjust water heater temperature
settings• Adjust “away time” thermostat settings• Take advantage of PUD heating and weatherization
rebates as well as Snohomish County Weatherization Loans
• Apply for low income and senior discounts and grants available to you
10
Page 69/218
About us• Public power-not for profit rates• 60+ years• Dedicated staff and resources• We are committed to working
together to address individual issues • We value our customers and it is
our goal to assist beyond delivering electricity
11
Page 70/218
Helping Customers with Winter Bills
February 16, 2016
1
AT PLACESAGENDA ITEM NO. 02D.01
Today’s situation
Bills/Usage all around higher• Temperatures are colder• Shorter days• Heavier and more frequent rain
Changes to billing process • New for us and our customers• Recapping why
2
High bills in the news…
3
--KHQ (Avista)
--Ellensburg Daily Record (Kittitas County PUD/PSE)
--TDN (Cowlitz PUD)
--Curry Coastal Pilot (Coos Curry Electric Corp.)
How estimated bills are calculated
4
Average daily temperature & heating use
0
10
20
30
40
50
60
70
80
September October November December January
Out
side
Tem
pera
ture
(°
F)
Last Year(Sep 2014-Jan 2015)
This Year(Sep 2015-Jan 2016)
Average Daily Temperature
Heating You Pay For
0
10
20
30
40
50
60
70
80
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Aver
age
Daily
Tem
pera
ture
(F)
Heat
ing
Degr
ee D
ays
Everett, WA, Past 13 Months
HDD Average Daily Temp
Heating Degree Days (HDD)• Heating degree days is a
measurement designed to reflect the energy needed to heat a home.
• A heating degree day is the difference between the daily average outdoor temperature and a baseline indoor temperature of 65 degrees.
• The sum of those daily calculations for a month – or a billing period –better captures the impacts of short cold snaps than a monthly average temperature can.
6
Oct-Nov 201523% decrease in average daily temperature but a 130% increase in HDD
$154
$290
$615
$409
$275
$169 $188
$223
$411
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Past 13 Months – Energy Charges Billed
Estimated Bill Meter Read Bill
Example: Based on a 1,400 sq. ft. electrically heated home
7
0
100
200
300
400
500
600
700
800
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec JanHD
D
kWh
Past 13 Months – kWh Usage Billed
Estimated Bill Meter Read Bill HDD
total$377
total$701
What we are hearing….• We moved in four months ago and my bill has gone up
each month.• My bill has doubled…• We completed many home improvements, including
energy efficiency projects and I am not seeing my bills go down.
• How can my family budget for our bill when it changes drastically every month?
• My family member moved out, why didn’t my bill go down?
• It seems like you are guessing at my usage; is that fair?• I want you to go back to billing me every two months.
8
Help for CustomersWe offer a variety of PUD solutions for our customers:
• If customers are in their home less than a year, we recommend Previous Period Billing.
• If customers prefer a more equalized billing, Budget Billing would be a good fit for them.
• If customers are struggling to pay high winter bills, we have Discount and Assistance programs available.
• We have great Energy Efficiency programs to aid with conservation efforts.• If customers are not comfortable with paying the full estimated amount, we
are committed to offering reasonable payment arrangements.
9
What can customers do to conserve?• Replace incandescent bulbs with LEDs and CFLs• Replace faucet aerators and showerheads with low
flow versions• Check windows and doors for leaks• Check and adjust water heater temperature
settings• Adjust “away time” thermostat settings• Take advantage of PUD heating and weatherization
rebates as well as Snohomish County Weatherization Loans
• Apply for low income and senior discounts and grants available to you
10
About us• Public power-not for profit rates• 60+ years• Dedicated staff and resources• We are committed to working
together to address individual issues
• We value our customers and it is our goal to assist beyond delivering electricity
11
How to Contact Us• Customer Service Mon-Fri 8am – 5:30pm
• 425-783-1000• 877-783-1000 (Western Washington
& Outside of Everett)• TTY: 800-833-6384
• Energy Hotline Mon-Fri 8am – 5:30pm• 425-783-1400
• Report an Outage• 425-783-1001
• www.snopud.com
12
BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 3A
TITLE
Approval of the Minutes for the Regular Meeting of February 2, 2016
SUBMITTED FOR: Consent Agenda
Commission Melissa Collins 8616 Department Contact Extension
Date of Previous Briefing: Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Governance Process, Board Job Description: GP-3(4) … a non-delegable, statutorily assigned
Board duty as defined under RCW 54.12.090 - minutes.
List Attachments:
Preliminary Minutes
Page 71/218
PRELIMINARY
SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT
Regular Meeting February 2, 2016
The Regular Meeting was convened by President Tanya Olson at 9:00 a.m. in the Commission
Meeting Room. Those attending were David Aldrich, Vice President; Kathleen Vaughn,
Secretary; CEO/General Manager Craig Collar; General Counsel Anne Spangler; Assistant
General Managers James West, and Glenn McPherson; Interim Assistant General Manager Joe
Fina; Chief Information Officer Benjamin Beberness; other District staff; Clerk of the Board
Melissa Collins; and Deputy Clerks of the Board Traci Brumbaugh and Lela Wall.
* Items Taken Out of Order
**Non-Agenda Items
1. CEO/GENERAL MANAGER BRIEFING AND STUDY SESSION
A. Update
Media. Communications and Marketing Director Julee Cunningham reported on current
news articles related to the District, and provided an animated video explaining monthly
billing.
Warm Beach Water Association Feasibility Study Update. Senior Manager Water
Resource Operations, Maintenance & Engineering Brant Wood stated that the Warm
Beach Water Association (Association) approached the District about a potential
acquisition or consolidation of their 590 customer water system, which is directly adjacent
to the District’s Kayak System. The District made a preliminary estimate and determined
that the Association’s system would need approximately $7 million worth of
improvements to put their system on par with the rest of the District’s customers. In
December, the Association’s Board of Directors requested the District move forward with
requesting a grant from the Department of Health for a feasibility study. The Department
of Health showed support by offering to fund the study with their unused 2015 grant
funds. Next steps include a Resolution to execute the contract being brought forward for
the Board’s approval at the next Commission meeting; periodical updates of the feasibility
study; public meetings; and further funding options. Mr. Wood also reviewed some of the
study testing that would be completed and the potential benefits of acquiring the
Association’s system.
Legislative Update. Legislative Liaison Brenda White provided an update on the State
Legislative session, which is in week four and is half-way over. Cut-off for policy bills
will be Friday, February 5, 2016 and the cut-off for fiscal bills will be
Tuesday, February 9, 2016. Ms. White discussed the following high-priority bills:
HB 1130 – Water power license fees - This bill received a hearing and is now awaiting an
executive vote from the House General Government. Position: Support.
Page 72/218
Regular Meeting 2 February 2, 2016
HB 2261 – Utility customer backbilling - This bill as amended, allows a consumer-owned
utility to backbill customers for charges missed due to the utility's billing error for no
longer than six months from the date the billing error occurred. This bill has direct and
immediate impacts to the District and is being closely monitored. This bill is currently in
House Rules for consideration. Position: Oppose.
HB 2346 – Renewable energy promotion - This bill is sponsored by Representative
Jeff Morris and had a hearing and a number of stakeholder meetings. As it moves out of
Committee with numerous amendments, there is one amendment that the District will
continue to monitor and hope to fix as it moves through the next sequence of hearings.
This bill is currently in House Appropriations. A new section of the bill does provide
greater flexibility in utility owned solar projects. Position: Support.
SB 6188 – Distributed generation - This bill is sponsored by Senator John McCoy and not
likely the primary vehicle for solar. The District will focus more on HB 2346. This bill has
had a hearing, but has not been scheduled for an executive vote and will need to be out of
its policy committee this week. Position: Concerns.
HB 2892 - Electric fuel mix information - Companion bill is SB 6533. This bill is
improving the accuracy and transparency of the reporting and calculation of the fuel mix
information to retail electric customers. In order for the Fuel Mix Report to be more
accurate and transparent, HB 2892 does the following: (1) replaces ‘net system power
mix’ with ‘unspecified resources’; (2) requires a retail electric supplier and the
Department of Commerce to identify a renewable according to the listed fuel mix
categories, regardless of whether the non-power attributes (RECs) have been unbundled;
(3) directs the Department to convene a work group to suggest modifications to the
process of gathering, reporting, calculating and tracking fuel mix data, and then submit a
report with suggested modifications to the Legislature by December 1, 2016. The District
currently is in a support position; however, that may change in the next few weeks. The
Public Generating Pool has taken a lead on this issue. The District will be meeting with
the Department of Commerce and request they restart discussions and make substantial
changes to this bill. Position: Support.
Commissioner Vaughn asked if there needed to be a correction to the State budget now
that the ethics report is complete and there were no findings. CEO/General Manager Craig
Collar stated that the District will double check to see if any official action is needed;
however, Mr. Collar’s understanding is that as long as there were no findings in the
investigation, no other action was needed on the part of the District.
B. Carbon Discussion
Government Relations Director Jessica Matlock provided a presentation on five topics
impacting the current state of carbon, including regulations and legislative proposals:
Page 73/218
Regular Meeting 3 February 2, 2016
EPA 111d Clean Power Plan (CPP) - The Clean Power Plan is one of three rule options,
issued by the Environmental Protection Agency (EPA), to regulate the emission of carbon
dioxide (CO2). This rule option establishes state-by-state CO2 emission reduction “goals”
beginning in 2022; directing each state to submit a plan for EPA approval that shows how
affected Electric Generating Units (EGU) will meet the states reduction goals. The goal
for the Nation is to reduce the energy sector emissions by 32 percent, from 2005 levels, by
the year 2030. The EPA determined Emission Performance Rates by using the Best
System of Emission Reduction (BSER), which consists of three building blocks, giving
guidance to states on how to reduce emissions.
General Counsel Anne Spangler explained that the Carbon Pollution Standards rule option
EPA 111b is for new units, while EPA 111d is for existing units. The controversy is that
EPA 111d allows the EPA to regulate existing units, but instead the rule is the whole
power sector, going beyond the fence line of the existing power plants, to cover the carbon
footprint of the state. To determine the targets, the EPA used the three building blocks.
The EPA created the targets, with existing plants, by looking at how much efficiency
could be created in the state; how much generation shifting could be done; and how much
could be achieved by shifting to renewables. However, the District is not limited to just
those three methods.
Ms. Matlock explained the Clean Power Plan goals, and that the EPA wanted to provide
flexibility to states to achieve their goals. States were allowed to choose a rate-based or
mass-based program. The rate-based goals for Washington State were reviewed. A chart
comparing the EGU Standards Approach to the State Measures Approach was shown and
discussed. States may choose to cooperate with other states by either merging (rate-based)
or adding their (mass-based) state targets. The other alternative is for each state to have its
own plan, but develop a trading-ready plan. The state of Washington is discussing a
mass-based, state plan with possible allowances to be traded between states. Washington
is expected to be able to meet the Clean Power Plan (CPP’s) requirements by following
existing state laws (closure of Centralia) and carrying out already-planned greenhouse gas
(GHG) reduction strategies (mostly energy efficiency). Both Oregon and Washington are
expected to meet their state goals, through planned closures, and be in positions to receive
credits that would be valuable under the CPP.
The CPP and Federal Plan/Model Rules timeline was shared. Some significant changes,
between the preliminary and final drafts, benefited Washington State. Currently 27 States
are opposed, along with some industry groups. Washington and 18 other states intervened
in support of the EPA on the Rules. Background on the substantive challenge to the Rule,
as there is difference of opinion as to whether it complies with the Clean Air Act, was
discussed. Ms. Spangler stated the census is that the Court will provide some deference to
the EPA, and find a way to up-hold the Rules.
Page 74/218
Regular Meeting 4 February 2, 2016
Clean Air Rule - Ms. Matlock provided quotes from The Seattle Times, concerning
Governor Jay Inslee’s June 2015 Executive Order directing the Washington Department
of Ecology (DOE) to make new rules Clean Air Rules (CAR) aimed at reducing
greenhouse gas emissions in the state. Further details of the Clean Air Rule were provided,
including caps to be set based on each organization’s baseline of emissions, and how the
caps will be determined. Ms. Spangler added that the Clean Air Rule does not rely on the
Fuel-Mix Disclosure Report; instead, it is based on actual emissions. Ms. Matlock will
meet with the Department of Ecology to discuss the specific issue. The Clean Air Rule
specifics were mentioned. A graph was shown of how Washington State would like the
levels of emissions reductions and greenhouse gas pollution to look in the future and the
CAR next steps were discussed. Discussion ensued regarding the public comment period.
The District is working with diverse industry groups to determine best benefit for the
electric utilities.
Initiative 732 (I-732) – Carbon Washington – Ms. Matlock provided a brief background
on the individuals who support bringing a British Columbia-style carbon tax to
Washington State. The “Four Pillars” of I-732 were discussed. The specifics and timeline
of I-732 were reviewed.
Alliance for Jobs and Clean Energy - The Alliance grew out of the Washington for
Business and Climate Action group, which is comprised of over 250 businesses and
associations. In early 2015, members of Washington for Business and Climate Action
formed alliances with the environmental community to form the Alliance for Jobs and
Clean Energy (Alliance). In October 2015, the Alliance announced that they would bring
an initiative to the people in 2016; however, an official initiative has not been written. The
details of the plan are not out publicly. The main points of the plan that were shared with
the District are as follows: (1) The intent of the initiative is to build on the state’s Clean
Air Rule by enforcing existing global warming pollution reduction targets; (2) Charge the
largest emitters a fee for each ton of carbon pollution they emit. The fees would be
collected from imported, in-state generation and exported fuels from the industrial,
electricity, natural gas, and transportation sectors and estimated to raise over $1 billion in
revenues. A majority of the revenues would be re-invested in accelerating the transition to
a clean energy economy including low-income relief in the form of Working Families Tax
Credit, clean energy projects, water projects, forest health and administrative costs. The
Alliance is looking at political feasibility of the plan, and will not move forward if there is
a chance that it will not pass.
Ms. Matlock reviewed the following Washington state bills HB 2421 / SB 6173 – this bill
would prohibit the DOE from adopting a rule or policy establishing a statewide limit, cap
or standard to control the amount of green gas emissions; HB 2506 – this bill requires the
DOE to create a mass-based compliance plan as required by EPA’s CPP;
HB 2777 / SB 6381 – this bill provides a placeholder for an alternative to I-732; and
SB 6306 creates a carbon tax imposed on fossil fuels extracted, manufactured, or
introduced into the state. The District’s considerations were reviewed and discussed.
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Regular Meeting 5 February 2, 2016
The meeting recessed at 10:18 a.m. and reconvened at 10:26 a.m.
C. Operational Dispatch Radio System Replacement Project – Part 22 VHF License Purchase
Manager Telecommunications Jim McDougal presented information regarding the
purchase of Part 22 VFH (Very High Frequency) FCC (Federal Communications
Commission) Licenses. The District is designing and building a replacement system for its
current 900 MHz (megahertz) Motorola Smartnet Radio Dispatch System. The current
radio system is approaching twenty years of age, and is close to no longer being supported
by Motorola.
The benefits of VHF were highlighted, including superior coverage, compared to higher
frequencies, as well as providing the capability for a parallel system with the current
900 MHz simulcast system. A parallel system would enable the District to operationally
optimize the new system, before having users vacate the old system. This would assist the
District in meeting its core operational requirements, primarily switching and dispatching
field personnel. Further information obtained from a yearlong system analysis, and the
2015 storm season, showed a requirement for a reserve capacity, in terms of talk groups
and channels, that additional VHF spectrum would facilitate. Mr. McDougal explained
that the District currently has a handful of shared use VHF frequencies, called Part 90
VHF licenses, to design the base capability for the new system. However, since Part 90
licenses are shared use, there is a potential for outside interference, due to others being
able to operate on the same frequencies. If the radio design is done well, interference
could be minimized, because a license search can tell who is using what frequencies and
areas.
Market conditions for purchasing Part 22 VHF licenses were discussed, as well as further
differences between Part 22 VHF and the District’s existing Part 90 licenses. As opposed
to a Part 90 license, a Part 22 VHF license is an exclusive use frequency within the market
area. The market area for these Part 22 licenses is Western Washington from the Canadian
border down to the border of Lewis County and Cowlitz County, and from the Cascades
out to the Pacific. Mr. McDougal emphasized that holding a VHF license in a market area
that is essentially Western Washington, with exclusive use frequencies, would provide the
District huge advantages in building a reliable system, with minimal interference issues,
and because the Part 22 licenses were never included in a narrow band mandate, the
District would be able to, in most instances, get two useable radio channels out of each
license.
The details of acquiring the additional VHF Spectrum were provided. An individual
named Scott C. MacIntyre holds eleven licenses and is offering to sell the District ten
licenses, providing that the District can get that many licenses to coordinate through
Canada. The individual license prices vary from $40,000 to $75,000. Mr. McDougal
mentioned that these licenses are real assets, and the District would hold and buy the
licenses, which would
Page 76/218
Regular Meeting 6 February 2, 2016
provide the District with the exclusive right to operate on those frequencies. Furthermore,
the design life for the new radio system is estimated conservatively at fifteen years. At the
end of that period, there are expected to be new Broadband public agency networks that
evolve, and if the District does not need the licenses, they can be sold to somebody else.
The District only pays for them one time. In 2015, the District went out for a Request for
Proposal (RFP) method, and of the people that the District inquired with, only one
responded, Scott MacIntyre.
Mr. McDougal responded to Commissioner Olson’s question as to why only one
responsive bidder and stated that, for the Part 22 VHF licenses, there are a total of 16 or
18 frequency pairs that are allocated as Part 22 paging frequencies in an area, other places
are not interested in selling. However, Mr. MacIntyre bought the licenses with the intent
of selling them later, and did not intend to use them operationally. When looking at
acquiring these licenses, the District’s engineering consultants suggested that the District
purchase the entire market, due to the huge advantage for resale; however, the
coordination with Canada would be key. In the asset purchase agreement, as written, all
eleven of the licenses will be transferred and assigned to the District. The strategy is to
have all eleven licenses assigned to the District, and sent through Canada for coordination.
The likelihood of getting all eleven approved is remote because of frequency plan
differences between the United States and Canada, and the likelihood that a Canadian
radio operator will already be using the frequency or an adjacent one. The District will
apply for each frequency, and depending on the results from Canada will decide what the
District has to work with in terms of Spectrum and the overall radio frequencies.
This item will be brought before the Board for approval at the next Commission meeting.
D. 2016 Re-Mapped Budget
Assistant General Manager Finance and Treasurer Glenn McPherson presented a
PowerPoint presentation on the reformatting of the District’s 2016 budget, which will
allow for greater consistency with SAP reporting. By re-mapping the 2016 budget to
match SAP reporting, authorized spending levels would not change; however, the
reporting format will change. There are no standards or prescribed formats for tracking
and reporting budgets, which are different from financial statements. Companies come up
with their own formats and structure based on their needs; however, the budget formats
usually follow the Statement of Revenues and Expenses closely. The District is heading
toward that type of format. The format will follow SAP standard practice as closely as
possible, without modifying the system. In the past, the District did a modified cash flow;
there were Sources and Uses of Funds. To the extent that there are pieces of the budget
that do not follow the statement of revenues and expenses, a quarterly presentation will
provided to the Board.
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Regular Meeting 7 February 2, 2016
Manager Budget and Financial Planning Sarah Bond presented slides depicting a
crosswalk of the current budget formatting, the proposed adjustments, and the proposed
new format. Starting with the Electric System, the different columns were explained for
the 2016 approved budget, including the adjustments that are needed to get to a Generally
Accepted Accounting Principles (GAAP) format. Ms. Bond noted that the District will be
making monthly adjustments for unbilled revenue, at the end of every month, and this
would be reflected in the District’s income statement. Even though the format is changing,
the overall level of authorized expenditures approved by the Board remains unchanged,
except for the pass-through of Municipal Utility Tax, which reduces the expected
expenditures. The Water System and Generation System were also discussed, including
details regarding Energy Sales, Other Revenues, Operating and Maintenance (O&M),
Capital and Debt Service, Taxes and Depreciation, and Level of Expenditures. The total
overall level of approved expenditures, approved by the Board, for the Water System and
Generation System, and expected expenditures all remain unchanged.
The next steps are to revise the 2016 Proposed Budget book, reflecting the new format,
and work with the individual departments and managers to update detailed budgets to the
new reporting structure.
The meeting recessed at 11:08 a.m.
RECONVENE REGULAR MEETING
The Regular Meeting was reconvened by President Tanya Olson at 1:30 p.m. in the Commission
Meeting Room. Those attending were David Aldrich, Vice President; Kathleen Vaughn,
Secretary; CEO/General Manager Craig Collar; General Counsel Anne Spangler; Assistant
General Managers Christopher Heimgartner, James West, and Glenn McPherson; Interim
Assistant General Manager Joe Fina; Chief Information Officer Benjamin Beberness; other
District staff; members of the public; Clerk of the Board Melissa Collins; and Deputy Clerks of
the Board Traci Brumbaugh and Lela Wall.
* Items Taken Out of Order
**Non-Agenda Items
*2. RECOGNITION/DECLARATIONS
A. Team of the Month for February – Transportation Department Office Team
Mark Stephens, Christina Brueckner, Chris Yurick, Lee Andrews, and Monee Farkasosky,
known as the Transportation Department Office Team were recognized as the team of the
month for February.
Page 78/218
Regular Meeting 8 February 2, 2016
*3. COMMENTS FROM THE PUBLIC
Jolynn Traynor, Everett, expressed concerns about an unusually high August power bill,
and her attempt to have the bill investigated by the District or her apartment complex.
Commissioner Olson advised that Customer Service Management experts were available
to meet, outside the meeting room, once all of the comments have been received.
Kyle Herman, Marysville, has lived at his residence for four months and asked for
clarification on the way the District is estimating power bills based on the previous year’s
billing cycle.
George Smith, Everett, shared a concern regarding an increase in electric bills, and the
accuracy of estimating bills every other month. Mr. Smith also inquired about monthly
meter reading versus estimating bills every other month.
Jesse Jones, Mukilteo, a media representative, has received interest via social media
regarding District customers who were unable to attend the meeting during the day and
asked the Board if they would consider holding an evening meeting. Commissioner Olson
responded that all of the Commission meetings are published and the Board would need to
confer with staff regarding the scheduling of an evening meeting. The next regular
meeting is on February 16, 2016, and staff would confirm with Mr. Jones on the date and
time for an evening meeting.
Mr. Jones also asked questions regarding calculation of charges, customer refunds, and
bill true ups. Assistant General Manager, Customer and Energy Services Jim West
responded that the District reverses entries if estimates are not accurate. Senior Manager,
Customer Service Support Karen Sparkman added that corrections are made immediately
in minimum charge situations, upon customer request.
An animated video explaining monthly billing was shown. Mr. West advised that if a
customer calls the District with a concern about a bill, a customer’s estimate can be taken,
and then a true up would be done when the meter is read on the second month. Customers
are expected to pay when they are billed, but if there is a question about an estimated bill,
the District is willing to work with customers. Customers, who have not been in their
homes for an entire year, can be moved to an estimate based on their most recent period of
usage. For most customers that have been in their homes for twelve months or longer, an
estimated bill will be a good approximation of half of the usage for the sixty-day period.
Ms. Traynor had a follow-up comment regarding her bill, specifically related to an
electrical outlet in a common area outside her apartment. Ms. Sparkman responded that
the District would be happy to work with Ms. Traynor and look into her concerns.
Page 79/218
Regular Meeting 9 February 2, 2016
4. CONSENT AGENDA
A. Approval of Minutes for the Regular Meeting of January 19, 2016
B. Bid Awards, Professional Services Contracts and Amendments
Public Works Contract Award Recommendations Over $25,000:
None
Formal Bid Award Recommendations $60,000 and Over:
None
Professional Services Contract Award Recommendations $200,000 and Over:
Professional Services Contract No. CW2224002 with CH2M Hill Engineers, Inc.
Miscellaneous Contract Award Recommendations $200,000 and Over:
None
Cooperative Purchase Recommendations:
None
Sole Source Purchase Recommendations:
None
Emergency Declarations, Purchases and Public Works Contracts:
None
Purchases Involving Special Facilities or Market Condition Recommendations:
None
Formal Bid and Contract Amendments:
Public Works Contract No. 83828 with Michels Corp., Michels Power Division
Contract Acceptance Recommendations:
Public Works Contract No. 83998 with B & L Utility, Inc.
C. Consideration of Certification/Ratification and Approval of District Checks and
Vouchers
D. Consideration of a Resolution Revising the Non-Union Salary Structure Table and
Certain Portions of the Salary Administration Program
A motion unanimously passed approving 4A - Approval of Minutes for the Regular
Meeting of January 19, 2016; 4B - Bid Awards, Professional Services Contracts and
Amendments; 4C - Consideration of Certification/Ratification and Approval of District
Checks and Vouchers; and 4D - Resolution No. 5764 Revising the Non-Union Salary
Structure Table and Certain Portions of the Salary Administration Program.
5. PUBLIC HEARING AND ACTION
A. Disposal of Surplus Property – 1st Quarter 2016
President Olson convened the public hearing. There being no questions or comments
from the public, the public hearing was closed.
Page 80/218
Regular Meeting 10 February 2, 2016
Based on staff’s recommendation that the items are no longer necessary or useful to the
District, a motion unanimously passed approving those items listed on Exhibit B of the
Surplus Property Recommendation Report be declared surplus and be sold for high bid or
disposed of according to policy in the first quarter of 2016.
6. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consideration of a Resolution Authorizing the Manager, Real Estate Services, to Execute
All Documents to Purchase Certain Real Property Within the Mount Index Riversites
Community Club Area (Assessor’s Parcel Numbers 27102900100900; 27102900100400;
27102900100100), Snohomish County, Washington, for Use in Support of the Sunset
Falls Fish Passage and Energy Project
Lora Cox, Lake Forest Park/Gold Bar, commented that she did not have any feelings
about this agenda item one way or another, and questioned what she could say that would
have any impact.
A motion unanimously passed approving Resolution No. 5765 authorizing the Manager,
Real Estate Services, to execute all documents to purchase certain real property within the
Mount Index Riversites Community Club area (Assessor’s Parcel Numbers
27102900100900; 27102900100400; 27102900100100), Snohomish County, Washington,
for use in support of the Sunset Falls Fish Passage and Energy Project.
7. COMMISSION BUSINESS
A. Commission Reports
Commissioner Vaughn reported on her activities with the American Public Power
Association (APPA) Policy Makers Council, and recently attended the monthly Energy
Northwest meeting.
Discussion continued on meter checks and the cost associated with checking a possibly
faulty or tampered with meter, following-up with customers with monthly billing
concerns, and holding an evening meeting.
8. GOVERNANCE PLANNING
A. Governance Planning Calendar
There were no changes to the Governance Planning Calendar.
Page 81/218
Regular Meeting 11 February 2, 2016
EXECUTIVE SESSION
The Regular Meeting recessed at 2:40 p.m., and reconvened at 2:47 p.m., into Executive Session
to review the performance of a public employee, under the terms set forth in the Open Public
Meetings Act. It was anticipated the Executive Session would last approximately 45 minutes,
with no public announcements. Those in attendance were Commissioners Tanya Olson,
David Aldrich; and Kathleen Vaughn; and CEO/General Manager Craig Collar. At 3:25 p.m.,
the Executive Session was extended 60 minutes, and concluded at 4:23 p.m. The Commission
immediately adjourned the Regular Meeting upon conclusion of the Executive Session.
ADJOURNMENT
There being no further business or discussion to come before the Board, the Regular Meeting of
February 2, 2016, adjourned at 4:23 p.m. An audio file of the meeting is on file in the
Commission Office and available for review.
Approved this 16th
day of February 2016.
Secretary
President
Vice President
Page 82/218
BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 3B
TITLE
General Manager's Report of Public Works Contract Award Recommendations; Formal Bid
Award Recommendations; Professional Services Contract Award Recommendations;
Miscellaneous Contract Award Recommendations; Cooperative Purchase Recommendations;
Sole Source Purchase Recommendations; Emergency Declarations, Purchases and Public Works
Contracts; Purchases Involving Special Facilities or Market Condition Recommendations;
Formal Bid and Contract Amendments; and Contract Acceptance Recommendations
SUBMITTED FOR: Consent Agenda
Contracts/Purchasing Judy Spence 5539
Department Contact Extension
Date of Previous Briefing:
Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Governance Process, Board Job Description, GP-3(4) … non-delegable, statutorily assigned
Board duty – Contracts and Purchasing.
The General Manager's Report of Public Works Contract Award Recommendations Over
$25,000; Formal Bid Award Recommendations $60,000 and Over; Professional Services
Contract Award Recommendations $200,000 and Over; Miscellaneous Contract Award
Recommendations $200,000 and Over; Cooperative Purchase Recommendations; Sole Source
Purchase Recommendations; Emergency Declarations, Purchases and Public Works Contracts;
Purchases Involving Special Facilities or Market Condition Recommendations; Formal Bid and
Contract Amendments; and Contract Acceptance Recommendations contains the following
sections:
Public Works Contract Award Recommendations Over $25,000 (Pages 1 – 2);
Request for Proposal No. 10028 with Kemp West, Inc.
Request for Proposal No. 10029 with Asplundh Tree Expert Co.
Page 83/218
Page 2
Formal Bid Award Recommendations $60,000 and Over;
None
Professional Services Contract Award Recommendations $200,000 and Over;
None
Miscellaneous Contract Award Recommendations $200,000 and Over;
None
Cooperative Purchase Recommendations;
None
Sole Source Purchase Recommendations;
None
Emergency Declarations, Purchases and Public Works Contracts;
None
Purchases Involving Special Facilities or Market Condition Recommendations;
None
Formal Bid and Contract Amendments (Page 3);
Professional Services Contract No. 76059 with CH2M Hill Engineers, Inc.
Contract Acceptance Recommendations (Page 4);
Public Works Contract No. 84186 with Pellco Construction, Inc.
List Attachments:
February 16, 2016 Report
Page 84/218
Page 1
Public Works Contract Award Recommendation(s) Over $25,000
February 16, 2016 __________________________________________________________________________________________
RFP No. 10028
Circuits 12-3204 – North Stanwood -
Distribution Line Clearance
This contract work consists of providing all labor, materials and equipment necessary to trim, cut, treat,
remove, clear, and dispose of trees and brush, as well as perform application of herbicides under and along
approximately 46.9 pole miles of the District’s Distribution System. Work to be performed is located in the
vicinity of Stanwood, Snohomish County, Washington. The specific work location commences at the North
Stanwood Substation and heads east along Cedarhome Drive.
Contractor Subtotal (tax n/a)
Award To Kemp West, Inc. $368,885.00
Asplundh Tree Expert Co. $400,449.00
Summary Statement: Staff recommends award to Kemp West, Inc. the low evaluated bidder, in the
amount of $368,885.00, tax n/a.
No. of Bids Solicited: 6
No. of Bids Received: 2
Project Leader & Phone No.: Josh Perez x-5056
Estimate: $557,000.00
Page 85/218
Page 2
Public Works Contract Award Recommendation(s) Over $25,000
February 16, 2016 __________________________________________________________________________________________
RFP No. 10029
Circuits 12-810 – Granite Falls –
Transmission and Distribution Line
Clearance
This contract work consists of providing all labor, materials and equipment necessary to trim, cut, treat,
remove, clear, and dispose of trees and brush, as well as perform application of herbicides under and along
approximately 31.5 pole miles of the District’s Transmission and Distribution System. Work to be performed
is located in the vicinity of Granite Falls, Snohomish County, Washington. The specific work location
commences at the Granite Falls Substation and continues NE up to Mt. Loop Hwy to Verlot.
Contractor Subtotal (tax n/a)
Award To Asplundh Tree Expert Co. $389,000.00
Kemp West, Inc. $439,175.00
Davey Tree Surgery Company $445,445.00
Summary Statement: Staff recommends award to Asplundh Tree Expert Co., the low evaluated bidder, in
the amount of $389,000.00, tax n/a.
No. of Bids Solicited: 6
No. of Bids Received: 3
Project Leader & Phone No.: Randy Gusa x5608
Estimate: $387,066.00
Page 86/218
Page 3
Formal Bid and Contract Amendment(s)
February 16, 2016 __________________________________________________________________________________________
PSC No. 76059
Professional Engineering Design
and Engineering Services for the
Sunset Fish Passage and Energy
Project (SFPEP)
Original Contract Amount: $902,877.00
Present Contract Amount: $1,306,565.00 Original Start/End: 2/10/14 – 11/10/16
Amendment Amount: $411,958.00 Present Start/End: 2/10/14 – 11/10/16
New Contract Amount: $1,718,523.00 New End Date: 3/31/2017
Summary Statement: Staff recommends approval of Amendment No. 3 to authorize tasks for new work as
well as a task for design changes associated with the existing scope, increase the
contract amount by $411,958.00, incorporate a new rate schedule, and extend the
contract term to March 31, 2017.
Amendment No. 3 provides additional budget for ongoing engineering support of the
Draft License Application and Trap and Haul Facility design during document
review by permitting agencies, and supporting completion of studies anticipated to be
required in the final licensing process. Additionally, new services to evaluate
specific areas of emphasis identified by reviewing agencies during the study plan
evaluation have been added as new tasks.
A Temporary Notice to Continue was issued beginning 2/1/2016 to allow time for the
amendment to be presented at the Commission meeting.
Summary of Amendment(s):
Amendment No. 1 dated March 28, 2014 assigned the contract from CH2M Hill, Inc.
to “CH2M Hill Engineers, Inc.”.
Amendment No. 2 approved by Commission on January 20, 2015 increased the
contract value by $403,688.00 for an increased level of effort related to a landslide
and FERC’s study plan determination, and made minor updates necessary to comply
with recent regulatory requirements.
Contractor/Consultant/Supplier: CH2M Hill Engineers, Inc.
Project Leader & Phone No.: Scott Spahr X1746
Amendment No.: 3
Amendment: $411,958.00
Page 87/218
Page 4
Contract Acceptance Recommendations(s)
February 16, 2016
Accept Contract(s) as complete and grant approval to release
Retained fund after full compliance with Departments of Labor
and Industries, Revenue and Employment Security.
__________________________________________________________________________________________
PWC No. 84186
Fobes Substation
Site Construction
Original Contract Amount:
$317,150.00
Total Amendment Amount: $78,418.86
Final Contract Amount: $395,568.86
Summary Statement: None
Contractor: Pellco Construction, Inc.
Start/End: 9/15/15 – 12/24/15
Evaluator & Phone No.: Tom Hendricks x-5022
No. of Amendments: 1
Retained Fund: Retainage Bond
Page 88/218
BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 3C
TITLE
Consideration of Certification/Ratification and Approval of District Checks and Vouchers
SUBMITTED FOR: Consent Agenda
General Accounting &
Financial Systems Julia Anderson 8027 Department Contact Extension
Date of Previous Briefing: Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Governance Process, Board Job Description: GP-3(4)(B)(2)a non-delegable, statutorily
assigned Board duty to approve vouchers for all warrants issued.
The attached District checks and vouchers are submitted for the Board's certification, ratification
and approval.
List Attachments:
Voucher Listing
Page 89/218
Page 90/218
0202 Page 1 of 2 February 16, 2016
596.35497.76758.19
1,030.78124.44418.65287.82
6,183.95764.14378.00
1,368.84260.52
1,493.2849.78
4,672.66344.94176.00670.34
1,991.041,119.96
746.642,948.59
616.16124.16126.82
2,709.404,421.75
675.00232.72279.99127.16
1,244.40389.27930.18733.76639.65
45.00217.77 01/27/2016 2000187 NANCY MITRANO
01/27/2016 2000185 WESTERN WASHINGTON MEDICAL GROUP IN 01/27/2016 2000186 KAUFMAN CHIROPRACTIC CLINIC INC PS
01/27/2016 2000183 THE EVERETT CLINIC 01/27/2016 2000184 NORTHWEST RETURN TO WORK
01/27/2016 2000181 SUMMIT REHABILITATION LLC 01/27/2016 2000182 SWEDISH RADIA OF EDMONDS, LLC
01/27/2016 2000179 RANDI COLLEEN HARWOOD 01/27/2016 2000180 SKAGIT RADIOLOGY INC., PS
01/27/2016 2000177 QUALIS HEALTH 01/27/2016 2000178 RADIA INC, PS
01/27/2016 2000175 PROLIANCE SURGEONS INC PS 01/27/2016 2000176 PROLIANCE SURGEONS INC., PS
01/27/2016 2000173 PROVIDENCE HEALTH & SERVICES -WA 01/27/2016 2000174 PROLIANCE SURGEONS INC., PS
01/27/2016 2000171 OBJECTIVE MEDICAL ASSESSMENTS CORP 01/27/2016 2000172 OUTPATIENT ANESTHESIA SERVICES PLLC
01/27/2016 2000169 MVPT 01/27/2016 2000170 NSPT, INC
01/27/2016 2000167 GROUP HEALTH COOPERATIVE 01/27/2016 2000168 INTEGRATED REHABILITATION GROUP INC
01/27/2016 2000165 KING COUNTY PUBLIC HOSP DIST NO 2 01/27/2016 2000166 FAMILY CARE NETWORK PLLC
01/27/2016 2000163 PUBLIC HOSP DIST #3 SNOHOMISH COUNT 01/27/2016 2000164 PROLIANCE SURGEONS INC., PS
01/27/2016 2000161 DECAMP CHIROPRACTIC CLINIC PLLC 01/27/2016 2000162 CASCADE REHABILITATION ASSOCIATES L
01/27/2016 2000159 AMPLIFON HEARING HEALTH CARE CORP 01/27/2016 2000160 APPLE PHYSICAL THERAPY
01/27/2016 2000157 THE EVERETT CLINIC 01/27/2016 2000158 ALLIANCE NURSE CASE MANAGEMENT LLC
01/27/2016 2000155 PUBLIC HOSPITAL DIST NO 1 SKAGIT CO 01/27/2016 2000156 SWEDISH HEALTH SERVICES
01/27/2016 2000153 NORTHWEST INJURY MANAGEMENT 01/27/2016 2000154 PEAK ORTHOPEDIC & SPORTS PHYS THRPY
01/27/2016 2000151 EVERETT PHYS THERAPY & SPORTS PERF 01/27/2016 2000152 KRUGER CLINIC ORTHOPAEDICS, PLLC
Workers Compensation Fund Payment Date Tracking Number Payee Amount
01/27/2016 2000150 MODERN MEDICAL INC
Detailed Disbursement Report
Page 91/218
0202 Page 2 of 2 February 16, 2016
435.87466.65235.78248.88373.32123.59
4,315.86124.16373.32161.82373.32158.40124.44227.60124.44591.32
51.8431.90
1,221.311,075.00
126.56232.72373.32140.00
90.00622.20300.16
51.84164.04176.00186.66
1,087.694,181.67
$
02/08/2016 2000220 PUBLIC HOSPITAL DIST NO 2 SKAGIT CO
Sum 58,967.54
02/08/2016 2000218 VERENA GIEBELS 02/08/2016 2000219 LORI JOHNSON CHIROPRACTIC PLLC
02/08/2016 2000216 PEACEHEALTH MEDICAL GROUP-SEDRO WOO 02/08/2016 2000217 MARK A LUCIANNA MD LLC
02/08/2016 2000214 WESTERN WASHINGTON MEDICAL GROUP IN 02/08/2016 2000215 WESTERN WASHINGTON MEDICAL GROUP IN
02/08/2016 2000212 ROANN TAYLOR 02/08/2016 2000213 NORTHWEST RETURN TO WORK
02/08/2016 2000210 SUMMIT REHABILITATION LLC 02/08/2016 2000211 SUSAN M REIS
02/08/2016 2000208 RADIA INC, PS 02/08/2016 2000209 SKAGIT RADIOLOGY INC., PS
02/08/2016 2000206 PROLIANCE SURGEONS INC., PS 02/08/2016 2000207 QUALIS HEALTH
02/08/2016 2000204 PROLIANCE SURGEONS INC., PS 02/08/2016 2000205 PROLIANCE SURGEONS INC PS
02/08/2016 2000202 NSPT, INC 02/08/2016 2000203 OBJECTIVE MEDICAL ASSESSMENTS CORP
02/08/2016 2000200 HUMAN PERFORMANCE IN INDUSTRY 02/08/2016 2000201 MVPT
02/08/2016 2000198 CASCADE REHABILITATION ASSOCIATES L 02/08/2016 2000199 KING COUNTY PUBLIC HOSP DIST NO 2
02/08/2016 2000196 APPLE PHYSICAL THERAPY 02/08/2016 2000197 DECAMP CHIROPRACTIC CLINIC PLLC
02/08/2016 2000194 THE EVERETT CLINIC 02/08/2016 2000195 ANKLE AND FOOT SPECIALISTS OF WASHI
02/08/2016 2000192 KRUGER CLINIC ORTHOPAEDICS, PLLC 02/08/2016 2000193 PEAK ORTHOPEDIC & SPORTS PHYS THRPY
01/27/2016 2000190 KING COUNTY PUBLIC HOSP DIST NO 2 02/08/2016 2000191 EVERETT PHYS THERAPY & SPORTS PERF
01/27/2016 2000188 MARK A LUCIANNA MD LLC 01/27/2016 2000189 LISA R GALVEZ
Detailed Disbursement Report
Workers Compensation Fund Payment Date Tracking Number Payee Amount
Page 92/218
Workers' CompensationTime Loss Report
0202 Page 1 of 1 February 16, 2016
Check Number Issue Date Pay To The Order Of Amount23115 1/15/2016 Wendy L Canales 738.8523116 1/15/2016 Bob G Altom 2,365.3223117 1/15/2016 Phillip R Harris 2,010.3623118 1/15/2016 Ronald E Christopher 1,222.9523119 1/15/2016 Alan G Burke 356.3823120 1/15/2016 Denton W Woiwod 2,139.1523121 1/15/2016 Nicole A Lantau 2,376.4523122 1/15/2016 Michael J Brix 1,359.7923123 1/15/2016 James J Miller 921.1123124 1/15/2016 Melissa A Miner 127.0623125 1/15/2016 Joanna L Taylor 970.9523126 1/15/2016 Joseph J Morrison 1,699.6023127 1/15/2016 Ron R Althaus 1,600.3523128 1/29/2016 Arnie W Diel 392.0723129 1/29/2016 Wendy L Canales 1,773.2423130 1/29/2016 Phillip R Harris 2,924.1623131 1/29/2016 Ronald E Christopher 1,304.4823132 1/29/2016 Alan G Burke 292.4223133 1/29/2016 Denton W Woiwod 2,281.7623134 1/29/2016 VOID -2,534.8823135 1/29/2016 Michael J Brix 1,162.0623136 1/29/2016 James J Miller 2,924.1623137 1/29/2016 Melissa A Miner 944.7623138 1/29/2016 Mark E Stringer 476.4623139 1/29/2016 Joanna L Taylor 1,035.6823140 1/29/2016 Joseph J Morrison 2,251.6023141 1/29/2016 Ron R Althaus 1,707.0423142 1/29/2016 Nicole A Lantau 475.29
35,298.62
Page 93/218
0202 1 of 10 February 16, 2016
2,000.0028.4826.49
189.82600.00
63.8838.08
153.9518.77
2,000.00181.64
17.11165.19
35.0470.0020.0759.1353.7733.80
1,920.0090.52
8.20156.47153.19148.03102.43116.16123.39
72.158.596.98
71.0599.82
129.22109.18
40.6392.6443.0716.76
286.05 01/26/2016 1052279 BOSTIAN PROPERTIES LLC - NORTH YARD
01/26/2016 1052277 IH5 PROPERTY WASHINGTON, L.P. 01/26/2016 1052278 SIMPLICITY PROPERTY MANAGEMENT, LLC
01/26/2016 1052275 1301 WLD PERRA, LLC 01/26/2016 1052276 SUSAN HOFFMAN
01/26/2016 1052273 SASIPAT PARK 01/26/2016 1052274 THE CONNECTION DANCE CENTER LLC
01/26/2016 1052271 PROHOME EXTERIORS LLC 01/26/2016 1052272 LISA TROUT
01/26/2016 1052269 HENLEY USA, LLC 01/26/2016 1052270 STEPHEN BIGGS
01/26/2016 1052267 212TH COFFEE & TEA LLC 01/26/2016 1052268 APRIL PIERCE
01/26/2016 1052265 BOB LEGG 01/26/2016 1052266 LUKE MAESTAS
01/26/2016 1052263 BRENT ROBERTS 01/26/2016 1052264 MATTHEW BENNETT
01/26/2016 1052261 MARCI TOTTEN 01/26/2016 1052262 PRESTON SMITHWICK
01/26/2016 1052259 ROSEMARY CAMREN 01/26/2016 1052260 VICTOR TRISCAS
01/26/2016 1052257 JOHN J YOUNCE 01/26/2016 1052258 Symone Vong
01/26/2016 1052255 Tim G Schmidt 01/26/2016 1052256 MELISSA HAIGHT
01/26/2016 1052253 Equity Residential Prop 01/26/2016 1052254 PATRICIA NICLAI
01/26/2016 1052251 JAYSON MOY 01/26/2016 1052252 RUBY A MORGAN
01/26/2016 1052249 MATT S SMITH 01/26/2016 1052250 Peggy J Ollefers
01/26/2016 1052247 POLYGON NORTHWEST COMPANY LLC 01/26/2016 1052248 DANIEL VOTH
01/26/2016 1052245 Sergio Garcia 01/26/2016 1052246 DEANNA MICHALSKI
01/26/2016 1052243 LAURIE PIERSON 01/26/2016 1052244 STEVE K JONES
01/26/2016 1052241 MCKENZIE HARVEY WALLACE 01/26/2016 1052242 Boyden Robinett & Assoc LP
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
01/26/2016 1052240 DON P TRUAX
Detailed Disbursement Report
Page 94/218
0202 2 of 10 February 16, 2016
600.0010.3621.0394.35
1,500.0043.7632.6511.25
2,000.00253.80
63.9376.8612.7322.8231.2333.8877.4066.9637.4083.8187.64
106.3333.58
432.07154.90402.17271.54137.37
18.3857.1534.9453.8419.6293.0271.53
9.0959.6234.6547.7485.83
01/27/2016 1052318 WILLIAM J MOON 01/27/2016 1052319 UNIDOS FINANCIAL SERVICES INC
01/27/2016 1052316 CHRISTINA FERGUSON 01/27/2016 1052317 Patricia Messina
01/27/2016 1052314 BRINK PROPERTY MANAGEMENT 01/27/2016 1052315 EANG CHHENG OU
01/27/2016 1052312 TERESA BRUCE 01/27/2016 1052313 ASHOK NAYUDU
01/27/2016 1052310 PROVIDENCE 1402 LLC 01/27/2016 1052311 ESTATE OF WILLIAM D REID
01/27/2016 1052308 RM HOMES 01/27/2016 1052309 ELSA GALLEGOS
01/27/2016 1052306 CINDY PHAM 01/27/2016 1052307 SHANE VUKICH
01/27/2016 1052304 KENDRA MADISON 01/27/2016 1052305 CINDY DANIEL
01/27/2016 1052302 DEVON BOWMAN 01/27/2016 1052303 JESSICA HOLFORD
01/27/2016 1052300 TRIMARK PARK PLACE APARTMENTS 01/27/2016 1052301 STEFANIE SHEPHERD
01/27/2016 1052298 CINDY M SASSE 01/27/2016 1052299 MARGARET JACKSON
01/27/2016 1052296 CHRISTINE BROWN 01/27/2016 1052297 KELLI QUAGLIA
01/26/2016 1052294 IRVIN FAMILY, LLC 01/27/2016 1052295 CHRISTINA HAUB
01/26/2016 1052292 WILLIAM J MOON 01/26/2016 1052293 Crystal Springs Apts
01/26/2016 1052290 Nancy L Rhinehart 01/26/2016 1052291 KENDRA HOPF
01/26/2016 1052288 JEFF BRUMLEY 01/26/2016 1052289 DENA BLISS ORGANIC SALON LLC
01/26/2016 1052286 BRIAN ALLEN 01/26/2016 1052287 Patrick E Strople
01/26/2016 1052284 GARY PEASE 01/26/2016 1052285 PETR KUZNETSOV
01/26/2016 1052282 ROGER VAN HORN 01/26/2016 1052283 JOHN JONES
01/26/2016 1052280 JERRY WEBER 01/26/2016 1052281 HENLEY USA, LLC
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 95/218
0202 3 of 10 February 16, 2016
207.94125.20161.67
13.3541.61
980.5021.6147.6985.8452.3386.6787.5031.4910.8996.8327.9572.8642.92
145.2199.7514.17
8.7620.5135.00
107.86336.00
57.4214.53
7.17131.61120.68
15.7882.3586.76
125.8470.2911.90
8.6415.99
115.77 01/28/2016 1052358 SASIKUMAR ATHTHIYAPPAN 01/28/2016 1052359 MARY A CALKIN
01/28/2016 1052356 KAYLA JAMIESON 01/28/2016 1052357 KAYTY WALKER
01/28/2016 1052354 JUAN DIAZ 01/28/2016 1052355 KITRIC HUDSON
01/28/2016 1052352 MICHAEL WHITNEY 01/28/2016 1052353 ARMEL MUGISHA
01/28/2016 1052350 KHODADAD NAIMI 01/28/2016 1052351 CYNDI BJORNSTAD
01/28/2016 1052348 DAKOTA CHAMLEY 01/28/2016 1052349 JESSICA KIVI
01/28/2016 1052346 Jasmeet K Thiara 01/28/2016 1052347 JOHNNY LIM
01/28/2016 1052344 KIMBERLY S PASTEGA 01/28/2016 1052345 Michael L Ice
01/28/2016 1052342 LEAH C ELSENER 01/28/2016 1052343 Christy Gurley
01/28/2016 1052340 UNIDOS FINANCIAL SERVICES INC 01/28/2016 1052341 DELMER E WESTERFIELD
01/28/2016 1052338 Terry Moffat 01/28/2016 1052339 Edna P Cortez
01/28/2016 1052336 Huy Q Vo 01/28/2016 1052337 Kimberley Monahan
01/28/2016 1052334 Prov Gen Medical Center 01/28/2016 1052335 Poplar Lane Apts
01/28/2016 1052332 Merry C Ramos 01/28/2016 1052333 LISA CHEN
01/28/2016 1052330 DANIEL E CLARK 01/28/2016 1052331 CEDARWOOD II
01/28/2016 1052328 Brad D Kirker 01/28/2016 1052329 CONSTANCE BURLEIGH
01/27/2016 1052326 H R MCMANUS 01/27/2016 1052327 JASON PEPPER
01/27/2016 1052324 KEN JOHNSON 01/27/2016 1052325 Edmonds Community College
01/27/2016 1052322 AYAKA TAKAKURA 01/27/2016 1052323 ANDY L SWOPE
01/27/2016 1052320 ZOEY HARRIS 01/27/2016 1052321 MAKAYLA SYBRANDT
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 96/218
0202 4 of 10 February 16, 2016
51.50189.99251.75
92.91127.04
10.3123.43
125.0018.0215.54
139.2985.30
351.04243.63
45.9812.2925.00
5.3114.14
118.4539.0962.3380.6518.50
407.3862.53
125.6062.8931.1721.34
427.17153.80
36.4078.37
1,665.9636.0228.2053.97
127.1429.71
02/01/2016 1052398 Delta Prop Mgmt Inc 02/01/2016 1052399 MARGARITA ZAMORA
02/01/2016 1052396 GREG ROMO 02/01/2016 1052397 SUSAN GRUENING
02/01/2016 1052394 HOUSING HOPE 02/01/2016 1052395 ERICH SCHULTZ
02/01/2016 1052392 MATHEW BIRD 02/01/2016 1052393 QASIM ALHAJJI
02/01/2016 1052390 WILLIAM SCRIBNER 02/01/2016 1052391 BERNARDO CASTRO ACEVEDO
02/01/2016 1052388 LENNAR NORTHWEST INC 02/01/2016 1052389 SHANTI DE LA PENA
02/01/2016 1052386 BALBIR SINGH 02/01/2016 1052387 SANCHEZ WALLACE
02/01/2016 1052384 YANQIN TANG 02/01/2016 1052385 HOUSING HOPE
02/01/2016 1052382 KRISHNA BOMMISETTY 02/01/2016 1052383 LENNAR NORTHWEST INC
02/01/2016 1052380 SHANNON TIPTON 02/01/2016 1052381 KRISTIN BAIN
02/01/2016 1052378 BETH SABEL 02/01/2016 1052379 CHEUK KIT CHUNG
02/01/2016 1052376 Kum K Lee 02/01/2016 1052377 LONNIE HORN
02/01/2016 1052374 RACHEL MOSER 02/01/2016 1052375 Julie J Manning
02/01/2016 1052372 La Galleria 02/01/2016 1052373 JOSEPH S LEBB
01/28/2016 1052370 HUANG YITING 01/28/2016 1052371 MARGARET JACKSON
01/28/2016 1052368 WINDERMERE RELOCATION 01/28/2016 1052369 CATHOLIC COMMUNITY SERVICES
01/28/2016 1052366 DAVID BARBE 01/28/2016 1052367 RYAN MCKINNEY
01/28/2016 1052364 MELISSA APPEL 01/28/2016 1052365 IH5 PROPERTY WASHINGTON, L.P.
01/28/2016 1052362 MANHATTEN HOMES LLC 01/28/2016 1052363 SHANE VUKICH
01/28/2016 1052360 LENNAR NORTHWEST INC 01/28/2016 1052361 TIFFANY TULL
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 97/218
0202 5 of 10 February 16, 2016
43.241,477.11
37.5615.7320.0949.1846.1227.90
1,200.0080.80
9.2130.8736.2272.9343.0365.86
100.1485.00
125.9011.00
616.23479.28
20.7070.5856.7395.3880.00
250.4742.7127.26
9.65206.95
28.4450.2890.77
111.7247.38
123.1872.29
126.03 02/02/2016 1052438 BRUNO MODIRI 02/02/2016 1052439 NICK PENOR
02/02/2016 1052436 MARLENNE CORTES 02/02/2016 1052437 ANDREA KNEISS
02/02/2016 1052434 HOYER HOMES LLC 02/02/2016 1052435 DAVID MILLER
02/02/2016 1052432 RIKKI BURTON 02/02/2016 1052433 MICHELLE ENTERLINE
02/02/2016 1052430 REMAX ELITE 02/02/2016 1052431 YEN DINH
02/02/2016 1052428 JOANNE LEKIN 02/02/2016 1052429 ALBERT N ORDONEZ
02/02/2016 1052426 MARY A ACOB-NASH 02/02/2016 1052427 KARINA D BLANCHARD
02/02/2016 1052424 GS MILL CREEK, LLC 02/02/2016 1052425 MOUNTAIN TOP CONSTRUCTION OF WA
02/02/2016 1052422 CLAUDE J BURTON 02/02/2016 1052423 FRANK SHERMAN
02/02/2016 1052420 JAMES M ABBEY 02/02/2016 1052421 ROBERT E SPENCER
02/02/2016 1052418 DOMINIQUE ARLINE 02/02/2016 1052419 MARVIN WEBSTER
02/02/2016 1052416 DEWAYNE W GARNER 02/02/2016 1052417 SCOTT WATSON
02/02/2016 1052414 U S Dept of Agriculture Carpenter S 02/02/2016 1052415 Housing Authority Sno Co
02/02/2016 1052412 CHELSEA CASEY 02/02/2016 1052413 Rudolph E Gabriel
02/02/2016 1052410 LESTER LIN 02/02/2016 1052411 NATURAL CLOTHING COMPANY LLC
02/01/2016 1052408 CHARLES HAMILTON 02/02/2016 1052409 MATTHEW HALE
02/01/2016 1052406 Robert W Perkins 02/01/2016 1052407 NICHOLAS REYES
02/01/2016 1052404 YADIRA RIVERA GARCIA 02/01/2016 1052405 CHI HANG NG
02/01/2016 1052402 SEVERIANA GALVAN 02/01/2016 1052403 LYNN YEVROVICH
02/01/2016 1052400 KAMI MOORE 02/01/2016 1052401 St. Vincent de Paul
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 98/218
0202 6 of 10 February 16, 2016
30.6029.7430.08
134.56102.79
82.4467.05
170.7266.49
120.0041.5132.9124.4710.65
124.40116.25
46.18361.16220.54
24.5042.7918.2478.6027.85
128.38180.60
97.9037.8711.43
125.50121.20
62.0366.25
459.7011.1317.2215.55
8.83243.46
22.79 02/03/2016 1052478 Ace & Gateway Lock & Key 02/03/2016 1052479 PEARL J VANSCOTER
02/03/2016 1052476 J SCOTT LEWIS 02/03/2016 1052477 J SCOTT LEWIS
02/02/2016 1052474 HAOQI LI 02/03/2016 1052475 Everett Housing Authority
02/02/2016 1052472 SHERRY L LAUCH 02/02/2016 1052473 OTTO MATTIELIGH
02/02/2016 1052470 JASEN COOPER 02/02/2016 1052471 NATALIE RUBIN
02/02/2016 1052468 LIBERTY SQUARE GJJ LLC 02/02/2016 1052469 DEVON COOK
02/02/2016 1052466 JAYSON DESPRES 02/02/2016 1052467 Boyden Robinett & Assoc LP
02/02/2016 1052464 Cletus G Thayer 02/02/2016 1052465 Avalonbay Com Inc
02/02/2016 1052462 SNOHOMISH COUNTY 02/02/2016 1052463 Tina L Ross
02/02/2016 1052460 LENNAR NORTHWEST INC 02/02/2016 1052461 MERCY PROPERTIES WASHINGTON III LLC
02/02/2016 1052458 BOSTIAN PROPERTIES LLC - NORTH YARD 02/02/2016 1052459 IH5 PROPERTY WASHINGTON, L.P.
02/02/2016 1052456 YVONNE LO 02/02/2016 1052457 HOUSING HOPE
02/02/2016 1052454 CLAY BELVOIR 02/02/2016 1052455 NATALIE ROBLES
02/02/2016 1052452 STEVE STORK 02/02/2016 1052453 LANDSVERK QUALITY HOMES, INC
02/02/2016 1052450 RAINIER CREST GROUP, INC. 02/02/2016 1052451 ROBERT DELOACH
02/02/2016 1052448 SSHI LLC 02/02/2016 1052449 SAMANTHA LIEGL
02/02/2016 1052446 YAJAIRA YANEZ 02/02/2016 1052447 HOUSING HOPE
02/02/2016 1052444 CAROL LOVELAND 02/02/2016 1052445 KAYLYNN TOBIAS
02/02/2016 1052442 FOXGLOVE HILLS, LLC 02/02/2016 1052443 MARIA KRAUS
02/02/2016 1052440 NATIONSTAR MORTGAGE LLC 02/02/2016 1052441 DONALD MALOY
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 99/218
0202 7 of 10 February 16, 2016
19.0855.6664.3660.38
199.1085.5365.8075.84
224.95100.00
7.0613.4453.58
776.59300.00185.79
53.685.00
87.81174.16
52.09119.84127.44
75.00175.00668.51254.27601.27
23.7719.53
5.30277.36210.03
26.08172.48
27.8051.37
119.3537.25
115.28 02/04/2016 1052518 CALVIN CRIDER 02/04/2016 1052519 WILLIAM TATE
02/04/2016 1052516 JEREMY MORRELL 02/04/2016 1052517 ERIC HOLBERG
02/04/2016 1052514 NATURAL REJUVENATION CENTER, LLC 02/04/2016 1052515 WILLIAM ANDERSON
02/04/2016 1052512 IH2 PROPERTY WASHINGTON, L.P. 02/04/2016 1052513 MELINDA BENTON
02/03/2016 1052510 JORDAN WILLARD-PARK 02/04/2016 1052511 CARYN LUDWIG
02/03/2016 1052508 HENLEY USA, LLC 02/03/2016 1052509 MARY JANE CONINE
02/03/2016 1052506 MICHAEL H MAHLMAN 02/03/2016 1052507 LANCE JOHNSON
02/03/2016 1052504 DEBORAH KEENEY 02/03/2016 1052505 Lago De Plata
02/03/2016 1052502 BARBARA ROKICKI-BARTLETT 02/03/2016 1052503 RACHEL KREBS
02/03/2016 1052500 KATHERINE ADAMCZYK 02/03/2016 1052501 Slater's Cleaner
02/03/2016 1052498 GWEN FINNESTAD 02/03/2016 1052499 AL G LEDER
02/03/2016 1052496 Dean A Toner 02/03/2016 1052497 EVAN FOURTUNE
02/03/2016 1052494 TERRI L MISSLER 02/03/2016 1052495 JOSEPH V MACK
02/03/2016 1052492 TINA M FOLEY 02/03/2016 1052493 JOHN HENKEN
02/03/2016 1052490 Olga P Melnik 02/03/2016 1052491 CARMA MITCHELL
02/03/2016 1052488 JENNIFER SUN 02/03/2016 1052489 JOY A STONE
02/03/2016 1052486 NANCY L ROSE 02/03/2016 1052487 CHERIE RUCHTY
02/03/2016 1052484 J SCOTT LEWIS 02/03/2016 1052485 HABTAMU FEYESSA
02/03/2016 1052482 DEIVI BARCENAS 02/03/2016 1052483 MYUNG KIM
02/03/2016 1052480 WILLIAM S SIMPSON 02/03/2016 1052481 DAVID T CHAPEL
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 100/218
0202 8 of 10 February 16, 2016
99.4730.99
219.42269.84
24.7659.15
157.5197.6046.8362.25
134.5353.49
110.0089.3014.2512.07
2.0365.25
182.7267.00
159.6916.65
151.41171.57
5.8944.26
510.56141.49
6.09160.87
69.3115.1478.23
1,996.762.87
2,000.0043.2892.9645.53
431.34 02/05/2016 1052558 FREO WASHINGTON, LLC 02/05/2016 1052559 ACADEMY MORTGAGE CORPORATION
02/05/2016 1052556 BARBARA ROSENDAHL 02/05/2016 1052557 ROBERT STARCEVICH
02/05/2016 1052554 BARBARA KOLVICK 02/05/2016 1052555 JASON A BRAINARD
02/05/2016 1052552 BARBARA LARSON 02/05/2016 1052553 DELTA TIDELANDS, LLC
02/05/2016 1052550 QUINN LONG 02/05/2016 1052551 Norge Apts
02/05/2016 1052548 GORDON R KANKELFRITZ 02/05/2016 1052549 Al-Ghadir Mosque & Islamic Center o
02/05/2016 1052546 Fudgery Inc 02/05/2016 1052547 Wade Hill
02/05/2016 1052544 Jo Ann Andersen 02/05/2016 1052545 Nathen R Hower
02/04/2016 1052542 Housing Authority Sno Co 02/04/2016 1052543 BILLIE EBY
02/04/2016 1052540 JOEL HOLYAN 02/04/2016 1052541 WILLIAMS INVESTMENTS
02/04/2016 1052538 POLYGON NORTHWEST COMPANY LLC 02/04/2016 1052539 SOVANNY KEO
02/04/2016 1052536 CONDO GROUP ONE, LLC 02/04/2016 1052537 DAVID P BENDER
02/04/2016 1052534 DEVON REINHARDT 02/04/2016 1052535 ANGELA MOST
02/04/2016 1052532 Cecil D Lacy 02/04/2016 1052533 Cambridge Square North
02/04/2016 1052530 BLANCA AGUAYO RAMIREZ 02/04/2016 1052531 Sandhya B Kandadairajagopal
02/04/2016 1052528 SPRING HAVEN HOMES, INC. 02/04/2016 1052529 PATHLIGHT PROPERTY MANAGEMENT
02/04/2016 1052526 DAVID GERY 02/04/2016 1052527 CRAIG GALKA
02/04/2016 1052524 CHUN DONG 02/04/2016 1052525 GARY COLE
02/04/2016 1052522 DYNASTY HOLDINGS, LLC 02/04/2016 1052523 SMOOTS DEVELOPMENT INC
02/04/2016 1052520 CHRISTIAN ROBBINS 02/04/2016 1052521 LENNAR NORTHWEST INC
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 101/218
0202 9 of 10 February 16, 2016
88.5040.28
140.27119.72
43.9723.08
135.0323.3134.2338.29
131.94276.03144.42
2,000.00629.94
57.222,000.00
530.51147.11
1,860.0068.4934.69
193.0445.9811.2112.27
1,132.97218.43
10.0044.1088.93
182.0650.1297.77
116.9948.73
174.692,000.00
7.6518.08
02/08/2016 1052598 INNOVATIVE INVESTMENTS, INC 02/08/2016 1052599 SAREENA PRESNELL
02/08/2016 1052596 SHIGEE DAGAMJAV 02/08/2016 1052597 BHUPENDER PANWAR
02/08/2016 1052594 JOHN WATKINS 02/08/2016 1052595 GLO TAN
02/08/2016 1052592 STUWART MEECE 02/08/2016 1052593 DEIVI BARCENAS
02/08/2016 1052590 HOAN NGUYEN 02/08/2016 1052591 PATH AMERICA FARMERS MARKET, LP
02/08/2016 1052588 BASTIAN SMITH 02/08/2016 1052589 Keiko Matsushita
02/08/2016 1052586 STEPHEN L TRAPP 02/08/2016 1052587 STEPHEN E HARNEY
02/05/2016 1052584 HEATHER SCHIDLER 02/08/2016 1052585 Bay Court at Harbour PT
02/05/2016 1052582 BRYAN WALLER 02/05/2016 1052583 Smoots Inc
02/05/2016 1052580 MICHAEL STRATHY 02/05/2016 1052581 LISA PARMLEY
02/05/2016 1052578 JUDITH HOPKINS 02/05/2016 1052579 LANE MCRAE HOPKINS
02/05/2016 1052576 ROGER J GUENTHER 02/05/2016 1052577 Housing Hope
02/05/2016 1052574 BERNICE BENSON 02/05/2016 1052575 THOMAS ASTROF
02/05/2016 1052572 MOSSAED AL SOBBER 02/05/2016 1052573 REBECCA K PETRIELLO
02/05/2016 1052570 MICHELLE KOCI 02/05/2016 1052571 SILVER LAKE CENTER LLC
02/05/2016 1052568 RM HOMES 02/05/2016 1052569 IH5 PROPERTY WASHINGTON, L.P.
02/05/2016 1052566 VANSEATHA KY 02/05/2016 1052567 RIVERTOWN HOMES, LLC
02/05/2016 1052564 OSCAR PEREZ 02/05/2016 1052565 LENNAR NORTHWEST INC
02/05/2016 1052562 JOSH MULDER 02/05/2016 1052563 SHARLENE NUSSER
02/05/2016 1052560 FOXGLOVE HILLS, LLC 02/05/2016 1052561 BENJAMIN GRAFFAM
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 102/218
0202 10 of 10 February 16, 2016
215.350.15
1,331.31464.67
1,590.00293.55103.63
59.99215.06119.94
51.40Sub Total 67,128.53
Expired, Cancelled Checks -3,687.93
$
02/08/2016 1052610 FAIRFIELD REFLECTIONS LLC
Sum 63,440.60
02/08/2016 1052608 ROXANNE E CRUVER 02/08/2016 1052609 AMANDA HARTNELL
02/08/2016 1052606 GLENN A GIOSEFFI 02/08/2016 1052607 FAIRFIELD CRYSTAL COVE LLC
02/08/2016 1052604 Susan K Neely 02/08/2016 1052605 Crystal Springs Apts
02/08/2016 1052602 Silicon Energy LLC 02/08/2016 1052603 RICHARD CORBIN
02/08/2016 1052600 Bella Nails 02/08/2016 1052601 ELISA NUNEZ
Detailed Disbursement Report
Revolving Fund - Customer Refunds Payment Date Tracking Number Payee Amount
Page 103/218
0202 1 of 1 February 16, 2016
69.70840.00
1,095.1228.76
$
02/08/2016 3000066 SUSANNE SILVA
Sum 2,033.58
01/29/2016 3000064 JULIE MORRISON 02/08/2016 3000065 JANET ANDERSON
Revolving Fund - Petty Cash Reimbursements and Other Payment Date Tracking Number Payee Amount
01/27/2016 3000063 SABRINA CHAMBLISS
Detailed Disbursement Report
Page 104/218
0202 1 of 15 February 16, 2016
79.6557,078.68
715.004,128.85
187.89257.00
2,877.032,990.22
13,052.88795.20
9,216.482,057.00
29.031,164.80
157.0010,331.18
88.933,202.061,546.935,837.17
21,652.7284.3630.71
5,473.912,000.004,160.521,350.00
100.47469.13
3,475.501,046.25
31,781.00150,147.43
12,450.003,032.76
8.051,200.00
87.7072.00
2,003.00 01/26/2016 8004502 DEBORAH S WERTZ
01/26/2016 8004500 YELLOWSTONE LEATHER PRODUCTS 01/26/2016 8004501 PUBLIC HOSP DIST #1 OF SNOHOMISH CO
01/26/2016 8004498 WOODINVILLE LICENSING SVC 01/26/2016 8004499 TOWN OF WOODWAY
01/26/2016 8004496 SHELL ENERGY NORTH AMERICA LP 01/26/2016 8004497 UNITED REFRIGERATION INC
01/26/2016 8004494 OLYMPIC FENCE COMPANY INC 01/26/2016 8004495 POTELCO INC
01/26/2016 8004492 CITY OF MONROE 01/26/2016 8004493 THOMAS D MORTIMER JR
01/26/2016 8004490 WW GRAINGER INC 01/26/2016 8004491 JKA ENTERPRISES INC
01/26/2016 8004488 DOUBLE EAGLE LANDSCAPE INC 01/26/2016 8004489 EASTLAKE COMMUNITY CHURCH
01/26/2016 8004486 BALFOUR BEATTY CONSTRUCTION LLC 01/26/2016 8004487 CYAN STRATEGIES LLC
01/26/2016 8004484 WESTERN FACILITIES SUPPLY INC 01/26/2016 8004485 WW GRAINGER INC
01/26/2016 8004482 WESCO DISTRIBUTION INC 01/26/2016 8004483 WEST COAST PAPER CO
01/26/2016 8004480 STATE OF WASHINGTON 01/26/2016 8004481 WAGNER SMITH EQUIPMENT CO
01/26/2016 8004478 TOPSOILS NORTHWEST INC 01/26/2016 8004479 UNITED PARCEL SERVICE
01/26/2016 8004476 STELLAR INDUSTRIAL SUPPLY 01/26/2016 8004477 PRATT DAY & STRATTON PLLC
01/26/2016 8004474 SECURE PACIFIC CORPORATION 01/26/2016 8004475 SNOHOMISH COUNTY
01/26/2016 8004472 SALISH NETWORKS INC 01/26/2016 8004473 SCHWEITZER ENGINEERING LAB INC
01/26/2016 8004470 NW SUBSURFACE WARNING SYSTEM 01/26/2016 8004471 REXEL INC
01/26/2016 8004468 CITY OF MOUNTLAKE TERRACE 01/26/2016 8004469 NETWORKFLEET INC
01/26/2016 8004466 HOWARD INDUSTRIES INC 01/26/2016 8004467 MOTOR TRUCKS INC
01/26/2016 8004464 ELECTRIC POWER RESEARCH INSTITUTE I 01/26/2016 8004465 GARDA CL NORTHWEST INC
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
01/26/2016 8004463 DISH NETWORK
Detailed Disbursement Report
Page 105/218
0202 2 of 15 February 16, 2016
170.00680.00
3,246.004,800.00
469.08353.81
1,772.9539,855.46
62.473,150.00
60.003,890.86
14,569.89527.66
2,049.00103.74134.69524.16169.80568.98
1,077.003,315.001,200.003,557.933,899.00
103.74529.73
1,510.9023.77
626.4011.73
3,098.981,524.43
17.65121.00
29.761,105.00
398.952,000.00
397.95 01/27/2016 8004541 LAW DAWGS INC 01/27/2016 8004542 CITY OF MONROE
01/27/2016 8004539 HECIMOVIC KATRINA MARIE 01/27/2016 8004540 LAKE STEVENS SEWER DIST
01/27/2016 8004537 EVERETT STAMP WORKS 01/27/2016 8004538 GUS TOOL BUS INC
01/27/2016 8004535 ED'S TRANSMISSION SERVICE 01/27/2016 8004536 EGELSTAD INC
01/27/2016 8004533 CONTRACTORS SUPPLY CORPORATION 01/27/2016 8004534 CITY OF EDMONDS
01/27/2016 8004531 BRIEN MOTORS INC 01/27/2016 8004532 CHAMPION BOLT & SUPPLY INC
01/27/2016 8004529 BEN'S CLEANER SALES INC 01/27/2016 8004530 BRAKE & CLUTCH SUPPLY INC
01/27/2016 8004527 WESTERN ENERGY INSTITUTE 01/27/2016 8004528 AARD PEST CONTROL INC
01/27/2016 8004525 WASHINGTON ENERGY SVCS CO 01/27/2016 8004526 WEST COAST PAPER CO
01/27/2016 8004523 SUPERIOR GLASS INSTALLATIONS INC 01/27/2016 8004524 TOPSOILS NORTHWEST INC
01/27/2016 8004521 CITY OF ARLINGTON 01/27/2016 8004522 REPUBLIC SERVICES INC
01/27/2016 8004519 CITY OF MARYSVILLE 01/27/2016 8004520 N C MACHINERY COMPANY
01/27/2016 8004517 GLASS BY LUND INC 01/27/2016 8004518 HANSEN'S TOWING SERVICE
01/27/2016 8004515 EXPONENTIAL ENGINEERING COMPANY 01/27/2016 8004516 FRONTIER COMMUNICATIONS NORTHWEST I
01/27/2016 8004513 EVERGREEN RURAL WATER WA 01/27/2016 8004514 EXIDE TECHNOLOGIES INC
01/27/2016 8004511 ENTERPRISE RENT-A-CAR 01/27/2016 8004512 EVERGREEN STATE HEAT & AC
01/27/2016 8004509 DEX MEDIA INC 01/27/2016 8004510 EES CONSULTING INC
01/27/2016 8004507 CDW GOVERNMENT INC 01/27/2016 8004508 DESIGNER DECAL INC
01/27/2016 8004505 ALS USA CORP 01/27/2016 8004506 BARRON HEATING AND AIR CONDITIONING
01/26/2016 8004503 CITY OF MUKILTEO 01/26/2016 8004504 CITY OF MUKILTEO
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 106/218
0202 3 of 15 February 16, 2016
84.901,612.841,550.00
674.001,200.002,950.00
831.00696.00
3,100.002,400.002,300.004,350.001,200.002,700.00
319,960.37248.98
57.9699.14
3,229.31468,883.90
300.00339.75
4,759.95317.29
6.4264.33
2,526.27600.00238.60
1,015.521,381.23
282.36400.00265.74152.88943.92117.26
4.82246.39
9,029.02 01/28/2016 8004581 REPUBLIC SERVICES INC 01/28/2016 8004582 SCHWEITZER ENGINEERING LAB INC
01/28/2016 8004579 PITNEY BOWES PRESORT SERVICES INC 01/28/2016 8004580 REXEL INC
01/28/2016 8004577 ON-HOLD CONCEPTS INC 01/28/2016 8004578 PETROCARD INC
01/28/2016 8004575 NORTH COAST ELECTRIC COMPANY 01/28/2016 8004576 NW SUBSURFACE WARNING SYSTEM
01/28/2016 8004573 MOTOR TRUCKS INC 01/28/2016 8004574 MR TRUCK WASH INC
01/28/2016 8004571 DAN RODIN 01/28/2016 8004572 MCLOUGHLIN & EARDLEY GROUP INC
01/28/2016 8004569 LANGUAGE LINE SVCS 01/28/2016 8004570 LUMINOUS CORPORATION
01/28/2016 8004567 KENWORTH NW INC 01/28/2016 8004568 KUKER-RANKEN INC
01/28/2016 8004565 HD SUPPLY WATERWORKS 01/28/2016 8004566 HORIZON
01/28/2016 8004563 GOVERNORS INDUSTRIAL SAFETY & HEALT 01/28/2016 8004564 HACH COMPANY
01/28/2016 8004561 FASTENAL COMPANY 01/28/2016 8004562 GILBERT GILKES AND GORDON LTD
01/28/2016 8004559 CRYSTAL SPRINGS WATER CO 01/28/2016 8004560 FASTENERS INC
01/28/2016 8004557 ARIBA INC 01/28/2016 8004558 COMCAST CORPORATION
01/27/2016 8004555 SUNDANCE ENERGY SERVICES INC 01/27/2016 8004556 SELECT AIR SERVICES INC
01/27/2016 8004553 EYLANDER ELECTRIC 01/27/2016 8004554 G&S HEATING COOLING & ELECTRICAL
01/27/2016 8004551 C M HEATING INC 01/27/2016 8004552 COZY HEATING INC
01/27/2016 8004549 ROD HOPKINS 01/27/2016 8004550 GREG GEORGE
01/27/2016 8004547 ANDERSON INSTALLATION INC 01/27/2016 8004548 BLACK LION CONSTRUCTION SERVICES
01/27/2016 8004545 CITY OF EVERETT 01/27/2016 8004546 AMERICAN CRAWLSPACE & PEST SERVICES
01/27/2016 8004543 PUBLIC UTILITY DIST NO 1 OF SNOHOMI 01/27/2016 8004544 SOUND SAFETY PRODUCTS CO INC
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 107/218
0202 4 of 15 February 16, 2016
20.00458.57
1,968.461,238.68
989.733,276.004,476.10
873.00117.44126.09300.00
70.762,328.141,070.163,466.68
281.5253.66
2,479.08131.13
1,720.881,500.00
11.6510,510.75
8,921.8612,760.02
116.0037,777.65
8,189.97390.48499.15
89.1445,508.25
304.001,950.00
318.454,328.69
13.53236.04620.74
47,791.43 01/29/2016 8004621 CONSOLIDATED ELECTRICAL DISTRIBUTOR 01/29/2016 8004622 DAVEY TREE SURGERY COMPANY
01/29/2016 8004619 BICKFORD MOTORS INC 01/29/2016 8004620 CDW GOVERNMENT INC
01/29/2016 8004617 AGM CONTAINER CONTROLS INC 01/29/2016 8004618 AMERICAN REPROGRAPHICS COMPANY LLC
01/28/2016 8004615 CITY OF MUKILTEO 01/28/2016 8004616 AXIOM HVAC INC
01/28/2016 8004613 ADVANCE STORES COMPANY INC 01/28/2016 8004614 PUBLIC UTILITY DIST NO 1 OF CLALLAM
01/28/2016 8004611 GRAYBAR ELECTRIC CO INC 01/28/2016 8004612 LAW LYMAN DANIEL KAMERRER &
01/28/2016 8004609 G4S SECURE SOLUTIONS IINC 01/28/2016 8004610 BLOOMBERG FINANCE LP
01/28/2016 8004607 TECHNOLOGY UNLIMITED 01/28/2016 8004608 STATE OF WASHINGTON
01/28/2016 8004605 SIGNATURE FORMS INC 01/28/2016 8004606 SOUND SAFETY PRODUCTS CO INC
01/28/2016 8004603 RMG FINANCIAL CONSULTING INC 01/28/2016 8004604 SEATTLE AUTOMOTIVE DISTRIBUTING INC
01/28/2016 8004601 BRIAN DAVIS ENTERPRISES INC 01/28/2016 8004602 POLY BAG LLC
01/28/2016 8004599 LARRY'S PLUMBING SUPPLIES 01/28/2016 8004600 LI IMMIGRATION LAW PLLC
01/28/2016 8004597 INLAND TECHNOLOGY INC 01/28/2016 8004598 INTERSTATE AUTO PARTS WAREHOUSE INC
01/28/2016 8004595 GENERAL PACIFIC INC 01/28/2016 8004596 HOGLUNDS TOP SHOP INC
01/28/2016 8004593 DART LELAND 01/28/2016 8004594 EVERETT SAFE AND LOCK INC
01/28/2016 8004591 BRAKE & CLUTCH SUPPLY INC 01/28/2016 8004592 CONTRACTORS SUPPLY CORPORATION
01/28/2016 8004589 WEST PUBLISHING CORPORATION 01/28/2016 8004590 STAR MICROWAVE SERVICE CORP
01/28/2016 8004587 THE PARTS STORE SOUTH 01/28/2016 8004588 THOMSON REUTERS MARKETS LLC
01/28/2016 8004585 SUBURBAN PROPANE 01/28/2016 8004586 TESSCO INCORPORATED
01/28/2016 8004583 SNOHOMISH COUNTY 01/28/2016 8004584 STELLAR INDUSTRIAL SUPPLY
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 108/218
0202 5 of 15 February 16, 2016
3,278.431,200.00
252.3313,870.27
1,865.033,812.172,550.10
300.0015.30
170.00375.78
2,177.5017.19
401.868,486.80
190,413.13753.00
6,238.011,387.61
182.5036.71
6,424.00144.00
41.58109.09
9,372.171,372.50
476.71202.40
2,328.14140.00106.36455.36
13,761.84569.00
1,140.00162.00
1,343.516,093.846,608.48
01/29/2016 8004661 MAGNUM POWER LLC 01/29/2016 8004662 ALTEC INDUSTRIES INC
01/29/2016 8004659 CITY OF EVERETT 01/29/2016 8004660 AMERON INTERNATIONAL CORPORATION
01/29/2016 8004657 US HEALTHWORKS MEDICAL GROUP OF WA 01/29/2016 8004658 YELLOWSTONE LEATHER PRODUCTS
01/29/2016 8004655 SOUND SAFETY PRODUCTS CO INC 01/29/2016 8004656 TOTAL LANDSCAPE CORP
01/29/2016 8004653 JAMES SIDERIUS 01/29/2016 8004654 PUBLIC UTILITY DIST NO 1 OF SNOHOMI
01/29/2016 8004651 MARTIN LUMBER & HARDWARE 01/29/2016 8004652 ROHLINGER ENTERPRISES INC
01/29/2016 8004649 GEO ENGINEERS INC 01/29/2016 8004650 GREAT WESTERN INK INC
01/29/2016 8004647 EVERETT STAMP WORKS 01/29/2016 8004648 GENERAL PACIFIC INC
01/29/2016 8004645 EDGE ANALYTICAL INC 01/29/2016 8004646 EGELSTAD INC
01/29/2016 8004643 CLYDE REVORD MOTORS INC 01/29/2016 8004644 DJS ELECTRICAL INC
01/29/2016 8004641 BURKE ELECTRIC LLC 01/29/2016 8004642 CHAMPION BOLT & SUPPLY INC
01/29/2016 8004639 AIR CLEANING SPECIALISTS INC 01/29/2016 8004640 ALLIED ELECTRONICS INC
01/29/2016 8004637 WESCO DISTRIBUTION INC 01/29/2016 8004638 WIRELESS STRUCTURES CONSULTING INC
01/29/2016 8004635 VIBRANT PLANTS INC 01/29/2016 8004636 WAGNER SMITH EQUIPMENT CO
01/29/2016 8004633 UNITED PARCEL SERVICE 01/29/2016 8004634 VALLEY FREIGHTLINER INC
01/29/2016 8004631 THE PARTS STORE SOUTH 01/29/2016 8004632 TOPSOILS NORTHWEST INC
01/29/2016 8004629 STELLAR INDUSTRIAL SUPPLY 01/29/2016 8004630 STONEWAY ELECTRIC SUPPLY CO
01/29/2016 8004627 OFFICE DEPOT INC 01/29/2016 8004628 SAP INDUSTRIES INC
01/29/2016 8004625 MILL SUPPLY INC 01/29/2016 8004626 NETWORKFLEET INC
01/29/2016 8004623 HENKELS & MCCOY INC 01/29/2016 8004624 LUMINOUS CORPORATION
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 109/218
0202 6 of 15 February 16, 2016
238,329.732,000.001,078.904,985.30
28,439.1211,954.55
4,113.58365.00
19,415.0043.14
188.4859.21
280.775,973.009,817.50
133.3212,752.4415,810.04
706.6517,042.45
61.94771.11
19.42757.75
58.56248.28
9,934.636,045.70
116.89263.25
75.00185.13
16.22268.74
88.321,238.53
23.72670.49
4,476.101,600.00
02/01/2016 8004701 WEST PUBLISHING CORPORATION 02/01/2016 8004702 WIDENET CONSULTING GROUP LLC
02/01/2016 8004699 WASHINGTON TRACTOR INC 02/01/2016 8004700 WEST COAST PAPER CO
02/01/2016 8004697 UNITED PARCEL SERVICE 02/01/2016 8004698 WAGNER SMITH EQUIPMENT CO
02/01/2016 8004695 THE PARTS STORE SOUTH 02/01/2016 8004696 T-MOBILE USA INC
02/01/2016 8004693 SNOHOMISH COUNTY 02/01/2016 8004694 TESSCO INCORPORATED
02/01/2016 8004691 ROY ROBINSON INC 02/01/2016 8004692 MCLOUGHLIN & EARDLEY GROUP INC
02/01/2016 8004689 NORTHWEST POWERPOOL 02/01/2016 8004690 PERTEET INC
02/01/2016 8004687 MOTOR TRUCKS INC 02/01/2016 8004688 NELSON DISTRIBUTING INC
02/01/2016 8004685 KENWORTH NW INC 02/01/2016 8004686 LANDAU ASSOCIATES INC
02/01/2016 8004683 HAT ISLAND COMMUNITY INC 02/01/2016 8004684 IRON MOUNTAIN QUARRY LLC
02/01/2016 8004681 EJ BROOKS COMPANY 02/01/2016 8004682 FRONTIER COMMUNICATIONS OF AMERICA
02/01/2016 8004679 DAVEY TREE SURGERY COMPANY 02/01/2016 8004680 DAVID EVANS AND ASSOCIATES INC
02/01/2016 8004677 COMMONWEALTH ASSOCIATES INC 02/01/2016 8004678 CRYSTAL SPRINGS WATER CO
02/01/2016 8004675 CEMEX INC 02/01/2016 8004676 CNJA ARCHITECTS
02/01/2016 8004673 AMERICAN AIR FILTER INTL 02/01/2016 8004674 CDW GOVERNMENT INC
02/01/2016 8004671 AECOM TECHNICAL SERVICES INC 02/01/2016 8004672 ALPINE COMMERCIAL TIRE
01/29/2016 8004669 DEANN GLENN 01/29/2016 8004670 MICHAEL MCGINTY
01/29/2016 8004667 RICHMOND AMERICAN HOMES OF WA 01/29/2016 8004668 AAA MONROE ROCK CORP
01/29/2016 8004665 HEWLETT PACKARD CO 01/29/2016 8004666 POLYGON WLH LLC
01/29/2016 8004663 ANIXTER INC 01/29/2016 8004664 ICEBRG INC
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 110/218
0202 7 of 15 February 16, 2016
80.26188.64256.29
4,237.501,678.861,150.78
151.29487.71160.00
5,266.60724.03
7,726.99262.08210.21
5.371,518.75
61.832,628.707,523.757,710.00
203.32835.38
11,918.406,002.001,078.287,782.74
496.90210.20589.61
90.6333.39
392.5768.84
13,740.0014,948.3987,149.89
2,218.45227.50
2,875.002,256.24
02/01/2016 8004741 ARCHER ENERGY SOLUTIONS LLC 02/01/2016 8004742 GRAYBAR ELECTRIC CO INC
02/01/2016 8004739 WELLSPRING FAMILY SERVICES 02/01/2016 8004740 ZIPPER GEO ASSOCIATES LLC
02/01/2016 8004737 TECHNICAL SALES & FIELD SERVICES NW 02/01/2016 8004738 TRIVAN TRUCK BODY
02/01/2016 8004735 SUREWOULD MOTORS INC 02/01/2016 8004736 SYSTEM OPERATIONS SUCCESS INTL LLC
02/01/2016 8004733 SPRINGBROOK NURSERY AND TRUCKING IN 02/01/2016 8004734 SUMMIT SAFETY SHOES
02/01/2016 8004731 PUBLIC UTILITY DIST NO 1 OF SNOHOMI 02/01/2016 8004732 SOUND SAFETY PRODUCTS CO INC
02/01/2016 8004729 SAFELITE FULFILLMENT INC 02/01/2016 8004730 SEATTLE AUTOMOTIVE DISTRIBUTING INC
02/01/2016 8004727 P & R TECHNOLOGIES/XERCON 02/01/2016 8004728 ROHLINGER ENTERPRISES INC
02/01/2016 8004725 OLYMPIC FENCE COMPANY INC 02/01/2016 8004726 OPEN ACCESS TECHNOLOGY INTL INC
02/01/2016 8004723 CITY OF MOUNTLAKE TERRACE 02/01/2016 8004724 NELSON TRUCK EQUIPMENT CO INC
02/01/2016 8004721 MCLARENS YOUNG INTERNATIONAL INC 02/01/2016 8004722 MID CENTRAL ELECTRIC INC
02/01/2016 8004719 LENZ ENTERPRISES INC 02/01/2016 8004720 LIGHTNING TECHNOLOGY INC
02/01/2016 8004717 LARRY'S PLUMBING SUPPLIES 02/01/2016 8004718 LEGACY2012 LLC
02/01/2016 8004715 HOGLUNDS TOP SHOP INC 02/01/2016 8004716 INTERSTATE AUTO PARTS WAREHOUSE INC
02/01/2016 8004713 FONEBILL LLC 02/01/2016 8004714 GENERAL PACIFIC INC
02/01/2016 8004711 EDGE ANALYTICAL INC 02/01/2016 8004712 ENGINUITY ADVANTAGE LLC
02/01/2016 8004709 CHAMPION BOLT & SUPPLY INC 02/01/2016 8004710 CONTRACTORS SUPPLY CORPORATION
02/01/2016 8004707 ATLAS SUPPLY INC 02/01/2016 8004708 BILL'S BLUEPRINT INC
02/01/2016 8004705 AABCO BARRICADE CO INC 02/01/2016 8004706 ANDERSON HUNTER LAW FIRM TRUST ACCO
02/01/2016 8004703 TIRES TIRES TIRES INC 02/01/2016 8004704 AAA OF EVERETT FIRE
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 111/218
0202 8 of 15 February 16, 2016
763.239,565.003,808.00
28,603.2434,316.86
5,052.031,011.831,202.646,579.78
10,230.2411,029.20
7,729.18395.30149.39
2,369.324,234.172,751.84
108.40453.86125.00601.21
2,482.9512,101.65
706.07344.59
24.574,063.694,521.22
225.004,220.68
436.8018,715.57
5,375.437,889.77
537.80385.00
16,674.354,056.00
908.61108,150.09
02/02/2016 8004781 ROGER PONTOW 02/02/2016 8004782 PRYSMIAN CABLES & SYSTEMS USA LLC
02/02/2016 8004779 PUBLIC UTILITY DIST NO 1 OF SNOHOMI 02/02/2016 8004780 TECHNICAL COMMUNICATION CONSULTANTS
02/02/2016 8004777 SEATTLE AUTOMOTIVE DISTRIBUTING INC 02/02/2016 8004778 JAMES SIDERIUS
02/02/2016 8004775 PATTERN RECOGNITION TECHNOLOGIES IN 02/02/2016 8004776 ROHLINGER ENTERPRISES INC
02/02/2016 8004773 NESCO LLC 02/02/2016 8004774 OWEN EQUIPMENT
02/02/2016 8004771 FIBRES INTERNATIONAL LLC 02/02/2016 8004772 MCLARENS YOUNG INTERNATIONAL INC
02/02/2016 8004769 CHAMPION BOLT & SUPPLY INC 02/02/2016 8004770 CUZ CONCRETE PRODUCTS INC
02/02/2016 8004767 WILLIAMS SCOTSMAN INC 02/02/2016 8004768 AAA OF EVERETT FIRE
02/02/2016 8004765 SOUTHERN ELECTRICAL EQUIPMENT CO IN 02/02/2016 8004766 SOUND PUBLISHING INC
02/02/2016 8004763 REXEL INC 02/02/2016 8004764 PUGET SOUND ENERGY INC
02/02/2016 8004761 PACIFIC TOPSOILS INC 02/02/2016 8004762 PENNY LEE TRUCKING
02/02/2016 8004759 OPEN TEXT INC 02/02/2016 8004760 PACER SERVICE CENTER
02/02/2016 8004757 MR TRUCK WASH INC 02/02/2016 8004758 N C MACHINERY COMPANY
02/02/2016 8004755 MERCURY FITNESS REPAIR INC 02/02/2016 8004756 MOBILE MINI INC
02/02/2016 8004753 HOWARD INDUSTRIES INC 02/02/2016 8004754 KENT D BRUCE
02/02/2016 8004751 EQUIFAX INFORMATION SERVICES LLC 02/02/2016 8004752 CITY OF EVERETT
02/02/2016 8004749 CITY OF EDMONDS 02/02/2016 8004750 ENTERPRISE RENT-A-CAR
02/01/2016 8004747 ILIHI LLC 02/02/2016 8004748 CDW GOVERNMENT INC
02/01/2016 8004745 GLOBALSOURCE INC 02/01/2016 8004746 WOMBAT SECURITY TECHNOLOGIES INC
02/01/2016 8004743 HDR ENGINEERING INC 02/01/2016 8004744 QUALITY TRAINING SYSTEMS
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 112/218
0202 9 of 15 February 16, 2016
422.401,702.80
22,779.12160.00
3,018.5038.85
10,170.0262.36
442.78226.61
14,742.00495.95463.65
1,229.15425.33342.89
6,068.99343.83
8.8572.41
2,000.0032.45
1,129.198,604.831,380.05
66.00726.24
132,635.002,250.00
687.9656,601.68
3,836.801,208.76
186,212.741,200.00
377.413,079.20
104,534.415,460.006,139.79
02/04/2016 8004821 FULL COMPASS SYSTEMS LTD 02/04/2016 8004822 GENZYME CORPORATION
02/04/2016 8004819 CDW GOVERNMENT INC 02/04/2016 8004820 CITY OF EVERETT
02/04/2016 8004817 BARRON HEATING AND AIR CONDITIONING 02/04/2016 8004818 BUREAU OF NATIONAL AFFAIRS
02/04/2016 8004815 AMERICAN REPROGRAPHICS COMPANY LLC 02/04/2016 8004816 AVIAT US INC
02/03/2016 8004813 SNOHOMISH COUNTY 02/04/2016 8004814 ALS USA CORP
02/03/2016 8004811 TOPSOILS INC 02/03/2016 8004812 HEWLETT PACKARD CO
02/03/2016 8004809 WESTERN ELECTRICITY COORDINATING CO 02/03/2016 8004810 CLEARESULT CONSULTING INC
02/03/2016 8004807 RELIANCE MANUFACTURING CORPORATION 02/03/2016 8004808 STATE OF WASHINGTON
02/03/2016 8004805 NORTHWEST CASCADE INC 02/03/2016 8004806 NORTHWEST TRAILS INC
02/03/2016 8004803 LAW DAWGS INC 02/03/2016 8004804 MT HOOD FASTENER CO
02/03/2016 8004801 CHAMPION BOLT & SUPPLY INC 02/03/2016 8004802 EASTSIDE SAW AND SALES INC
02/03/2016 8004799 WESCO DISTRIBUTION INC 02/03/2016 8004800 CRAIG CALLIES
02/03/2016 8004797 THE PARTS STORE SOUTH 02/03/2016 8004798 WAGNER SMITH EQUIPMENT CO
02/03/2016 8004795 SHRED IT USA INC 02/03/2016 8004796 SMARTTALENT LLC
02/03/2016 8004793 GLOBAL RENTAL COMPANY INC 02/03/2016 8004794 OFFICE DEPOT INC
02/03/2016 8004791 CITY OF EVERETT 02/03/2016 8004792 FASTENERS INC
02/03/2016 8004789 CUMMINS-ALLISON CORP 02/03/2016 8004790 DOBLE ENGINEERING CO
02/03/2016 8004787 THE CADMUS GROUP INC 02/03/2016 8004788 CEDAR GROVE ORGANICS RECYCLING LLC
02/03/2016 8004785 APOGEE INTERACTIVE 02/03/2016 8004786 APPLIED PROFESSIONAL SERV INC
02/03/2016 8004783 COMCAST 02/03/2016 8004784 JUDY SCHEUFFELE
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 113/218
0202 10 of 15 February 16, 2016
482.18187.02
4,497.95574.02
8,537.265,287.38
39.685,280.07
103.911,129.45
464.1026,050.00
45.8224,897.6015,000.00
752.03109.20
2,547.07811.01
8,088.4567.50
2,400.004,285.01
145.5080.26
20,195.5040.75
1,469.6738.82
966.38728.91
83.93452.52
1,720.50202.02107.10
4,488.56260.01
4,613.991,365.00
02/04/2016 8004861 POWER ENGINEERS INC 02/04/2016 8004862 RICOH USA INC
02/04/2016 8004859 GARY PETERSEN 02/04/2016 8004860 POLY BAG LLC
02/04/2016 8004857 OMEGA PAPER AND PRINTING 02/04/2016 8004858 PACIFIC POWER BATTERIES
02/04/2016 8004855 MARTIN LUMBER & HARDWARE 02/04/2016 8004856 NORTHWEST CASCADE INC
02/04/2016 8004853 LFS INC 02/04/2016 8004854 BRIAN DAVIS ENTERPRISES INC
02/04/2016 8004851 EVERETT STAMP WORKS 02/04/2016 8004852 GENERAL PACIFIC INC
02/04/2016 8004849 BEVERLYS AUTO LICENSING 02/04/2016 8004850 CONTRACTORS SUPPLY CORPORATION
02/04/2016 8004847 TIRES TIRES TIRES INC 02/04/2016 8004848 ALPHA SUBDIVISION PROS INC
02/04/2016 8004845 WESCO DISTRIBUTION INC 02/04/2016 8004846 WILLIAMS SCOTSMAN INC
02/04/2016 8004843 VELTON ROSS 02/04/2016 8004844 WASHINGTON ENERGY SVCS CO
02/04/2016 8004841 THE PARTS STORE SOUTH 02/04/2016 8004842 OLDCASTLE PRECAST UTILITY VAULT
02/04/2016 8004839 SOUND PUBLISHING INC 02/04/2016 8004840 SNOHOMISH COUNTY COUNCIL OF THE
02/04/2016 8004837 PUBLIC GENERATING POOL 02/04/2016 8004838 RWC INTERNATIONAL LTD
02/04/2016 8004835 REXEL INC 02/04/2016 8004836 POWERWORLD CORP
02/04/2016 8004833 PACIFIC NW SCALE CO INC 02/04/2016 8004834 PACIFIC TOPSOILS INC
02/04/2016 8004831 MOTOR TRUCKS INC 02/04/2016 8004832 NW AMWAY PROD
02/04/2016 8004829 STEVEN KLEIN INC 02/04/2016 8004830 LYNNWOOD AUTOMOTIVE LLC
02/04/2016 8004827 HOWARD INDUSTRIES INC 02/04/2016 8004828 IRON MOUNTAIN RECORDS MGMT
02/04/2016 8004825 HD SUPPLY UTILITIES LTD 02/04/2016 8004826 HI LINE ELECTRIC COMPANY INC
02/04/2016 8004823 HARRINGTON INDUSTRIAL PLASTICS 02/04/2016 8004824 HATLOE DECORATING CENTER INC
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 114/218
0202 11 of 15 February 16, 2016
1,130.13124.65
17.4916,297.06
2,407.2538,658.71
869.705,856.00
401.1323,625.00
450.001,200.003,650.00
155,724.661,200.003,245.001,200.003,070.076,536.14
101,778.0060.00
3,002.001,445.00
320.001,200.008,176.846,249.416,825.00
350.001,043.442,520.811,172.00
420.492,136.257,085.00
157,064.02133,844.18
13,690.70101,876.00
2,000.00 02/05/2016 8004901 LARGE PUBLIC POWER COUNCIL 02/05/2016 8004902 LUMINOUS CORPORATION
02/05/2016 8004899 INTERWEST CONSTRUCTION INC 02/05/2016 8004900 JENNINGS STROUSS AND SALMON PLC
02/05/2016 8004897 HULTZ BHU ENGINEERS INC 02/05/2016 8004898 INTERGRAPH CORPORATION
02/05/2016 8004895 FRONTIER COMMUNICATIONS NORTHWEST I 02/05/2016 8004896 GALLAGHER BENEFIT SERVICES INC
02/05/2016 8004893 DOBLE ENGINEERING CO 02/05/2016 8004894 ELECTRIC POWER RESEARCH INSTITUTE I
02/05/2016 8004891 DIVERSIFIED INSPECTIONS ITL INC 02/05/2016 8004892 DLT SOLUTIONS LLC
02/05/2016 8004889 CDW GOVERNMENT INC 02/05/2016 8004890 CERIUM NETWORKS INC
02/05/2016 8004887 BARRON HEATING AND AIR CONDITIONING 02/05/2016 8004888 BICKFORD MOTORS INC
02/05/2016 8004885 ASPECT SOFTWARE INC 02/05/2016 8004886 BANK OF NEW YORK
02/05/2016 8004883 ALS USA CORP 02/05/2016 8004884 ARLINGTON SCHOOL DISTRICT #16
02/04/2016 8004881 UNITED WAY OF SNOHOMISH COUNTY 02/05/2016 8004882 ALSTOM GRID INC
02/04/2016 8004879 SELECT AIR SERVICES INC 02/04/2016 8004880 MAGNAR WARNESS
02/04/2016 8004877 PUGET HEATING CO INC 02/04/2016 8004878 JOHN YASKUS
02/04/2016 8004875 G&S HEATING COOLING & ELECTRICAL 02/04/2016 8004876 HEWLETT PACKARD CO
02/04/2016 8004873 CLEAN CRAWL INC 02/04/2016 8004874 COZY HEATING INC
02/04/2016 8004871 DANIEL L KUNZE 02/04/2016 8004872 ACCRA MANUFACTURING INC
02/04/2016 8004869 MALLORY SAFETY AND SUPPLY LLC 02/04/2016 8004870 MICHAEL C SMITH
02/04/2016 8004867 BUSINESS DEVELOPMENT SOLUTIONS LLC 02/04/2016 8004868 ANIXTER INC
02/04/2016 8004865 PUBLIC UTILITY DIST NO 1 OF SNOHOMI 02/04/2016 8004866 HDR ENGINEERING INC
02/04/2016 8004863 RIVERSIDE SAND & GRAVEL 02/04/2016 8004864 SAFELITE FULFILLMENT INC
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 115/218
0202 12 of 15 February 16, 2016
250.003,946.40
81,509.00660.87
169,777.003,350.40
26,402.9960.13
246.402,585.67
44.77140.00221.04
1,837.794,352.50
256.373,785.033,125.00
968.3923,437.47
3,252.001,210.81
222.221,756.313,252.50
256.8413.25
2,275.00823.37222.27
149,730.04398.49
4,406.90177.00600.00
5,000.00475.02
5,400.007,521.25
250.00 02/05/2016 8004941 POWER ENGINEERS INC 02/05/2016 8004942 RAINIER WOOD RECYCLERS INC
02/05/2016 8004939 HOGLUNDS TOP SHOP INC 02/05/2016 8004940 INVERS MOBILITY SOLUTIONS INC
02/05/2016 8004937 FIBRES INTERNATIONAL LLC 02/05/2016 8004938 GOVERNMENT PORTFOLIO ADVISORS LLC
02/05/2016 8004935 DOUBLE EAGLE LANDSCAPE INC 02/05/2016 8004936 DRUG PREVENTION SPECIALISTS INC
02/05/2016 8004933 COLEHOUR & COHEN INC 02/05/2016 8004934 CUZ CONCRETE PRODUCTS INC
02/05/2016 8004931 CRAIG CALLIES 02/05/2016 8004932 CHAMPION BOLT & SUPPLY INC
02/05/2016 8004929 ALL BATTERY SALES AND SERVICE 02/05/2016 8004930 CITY OF BRIER
02/05/2016 8004927 WASHINGTON STATE NURSERY 02/05/2016 8004928 AARD PEST CONTROL INC
02/05/2016 8004925 WEST PUBLISHING CORPORATION 02/05/2016 8004926 WILLIAMS SCOTSMAN INC
02/05/2016 8004923 WASHINGTON ENERGY SVCS CO 02/05/2016 8004924 WAGNER SMITH EQUIPMENT CO
02/05/2016 8004921 VAN NESS FELDMAN LLP 02/05/2016 8004922 VERIZON WIRELESS
02/05/2016 8004919 TRIANGLE ASSOCIATES INC 02/05/2016 8004920 US BANK NA
02/05/2016 8004917 THE GREATER MARYSVILLE TULALIP 02/05/2016 8004918 THE PARTS STORE SOUTH
02/05/2016 8004915 TACOMA SCREW PRODUCTS INC 02/05/2016 8004916 THE CEI GROUP INC
02/05/2016 8004913 STEWART TITLE COMPANY 02/05/2016 8004914 STRUCTURAL ENGINEERS ASSOC OF WA
02/05/2016 8004911 SOUND PUBLISHING INC 02/05/2016 8004912 STELLAR INDUSTRIAL SUPPLY
02/05/2016 8004909 SAP INDUSTRIES INC 02/05/2016 8004910 CITY OF SNOHOMISH
02/05/2016 8004907 PUBLIC POWER COUNCIL 02/05/2016 8004908 ROBERT HALF INTERNATIONAL INC
02/05/2016 8004905 PACIFIC NW UTIL CONF COMMITTEE 02/05/2016 8004906 REXEL INC
02/05/2016 8004903 MICHAEL AND ALEXANDER PLLC 02/05/2016 8004904 NELSON DISTRIBUTING INC
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 116/218
0202 13 of 15 February 16, 2016
2,775.461,674.89
91.55524.33
7,610.0070.00
156.706,390.00
785.151,136.00
242.8815,393.50
7,357.004,585.002,538.00
106.004,530.262,784.00
672.001,572.002,400.002,570.00
417.504,350.00
229.321,000.001,200.002,060.002,700.00
298.793,025.381,200.003,460.001,531.532,281.002,913.19
74,345.89220.00
7.792,487.37
02/08/2016 8004981 BICKFORD MOTORS INC 02/08/2016 8004982 DAVEY TREE SURGERY COMPANY
02/08/2016 8004979 ASPECT SOFTWARE INC 02/08/2016 8004980 BANK OF NEW YORK
02/05/2016 8004977 JOAN PENEWELL 02/08/2016 8004978 APTEAN INC
02/05/2016 8004975 NOVA DISTRIBUTION 02/05/2016 8004976 NANCY VEHRS
02/05/2016 8004973 UFP WEST CENTRAL LLC 02/05/2016 8004974 SELECT AIR SERVICES INC
02/05/2016 8004971 MM COMFORT SYSTEMS 02/05/2016 8004972 SEATTLE GALVANIZING INC
02/05/2016 8004969 MCFARLAND HEATING & AIR 02/05/2016 8004970 CITY OF MILL CREEK
02/05/2016 8004967 HEWLETT PACKARD CO 02/05/2016 8004968 CITY OF MARYSVILLE
02/05/2016 8004965 GB ENTERPRISES OF WASHINGTON LLC 02/05/2016 8004966 G&S HEATING COOLING & ELECTRICAL
02/05/2016 8004963 C M HEATING INC 02/05/2016 8004964 EDMONDS COMMUNITY COLLEGE
02/05/2016 8004961 BUD BARTONS GLAS-CO INC 02/05/2016 8004962 CLEAN CRAWL INC
02/05/2016 8004959 NANCY CRAWFORD 02/05/2016 8004960 BAILEY ROBERT
02/05/2016 8004957 CLEAR WATER COMPLIANCE LLC 02/05/2016 8004958 CITY OF ARLINGTON
02/05/2016 8004955 PHILLIPS EDISON-ARC SHOPPING CENTER 02/05/2016 8004956 BARBARA JOHNSON
02/05/2016 8004953 GRAYBAR ELECTRIC CO INC 02/05/2016 8004954 HDR ENGINEERING INC
02/05/2016 8004951 SUMMIT SAFETY SHOES 02/05/2016 8004952 CITY OF EVERETT
02/05/2016 8004949 SOUND SAFETY PRODUCTS CO INC 02/05/2016 8004950 STOEL RIVES LLP
02/05/2016 8004947 SEBRIS BUSTO JAMES 02/05/2016 8004948 JAMES SIDERIUS
02/05/2016 8004945 RIVERSIDE SAND & GRAVEL 02/05/2016 8004946 ROHLINGER ENTERPRISES INC
02/05/2016 8004943 RECORDXPRESS OF CALIFORNIA LLC 02/05/2016 8004944 RELIANCE MANUFACTURING CORPORATION
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 117/218
0202 14 of 15 February 16, 2016
3,336.619.51
310.944,496.75
919.98107.17155.00
16,125.561,595.378,280.50
14,379.69119,867.75
253.62600.00214.75
15,051.7698.66
1,321.21104.74
5,221.002,111.71
88.28103.60
25.331,139.491,317.712,168.44
422.7344.05
495.333,182.962,000.00
35,524.89547.50
2,435.001,088.94
203.03930.38130.00
31,395.33 02/08/2016 8005021 CORY STEVENS 02/08/2016 8005022 GENERAL PACIFIC INC
02/08/2016 8005019 CHAMPION BOLT & SUPPLY INC 02/08/2016 8005020 CONTRACTORS SUPPLY CORPORATION
02/08/2016 8005017 CALERO SOFTWARE LLC A CALERO HLDG I 02/08/2016 8005018 CELEBRATIONS CATERING
02/08/2016 8005015 1ENERGY SYSTEMS INC 02/08/2016 8005016 CITY OF BOTHELL
02/08/2016 8005013 WEST COAST PAPER CO 02/08/2016 8005014 WIDENET CONSULTING GROUP LLC
02/08/2016 8005011 UNIVERSAL LANGUAGE SERVICE INC 02/08/2016 8005012 WAGNER SMITH EQUIPMENT CO
02/08/2016 8005009 THE PARTS STORE SOUTH 02/08/2016 8005010 UNITED PARCEL SERVICE
02/08/2016 8005007 STAPLES CONTRACT AND COMMERCIAL INC 02/08/2016 8005008 SULTAN'S PUMPER TANK SVC
02/08/2016 8005005 SOUND PUBLISHING INC 02/08/2016 8005006 SOUND SECURITY INC
02/08/2016 8005003 S & S TOOL & SUPPLY INC 02/08/2016 8005004 SHRED IT USA INC
02/08/2016 8005001 REXEL INC 02/08/2016 8005002 REXEL INC
02/08/2016 8004999 PAPE MACHINERY INC 02/08/2016 8005000 PITNEY BOWES INC
02/08/2016 8004997 ON-HOLD CONCEPTS INC 02/08/2016 8004998 ORRICK HERRINGTON & SUTCLIFFE
02/08/2016 8004995 MOTOR TRUCKS INC 02/08/2016 8004996 NAGDCA
02/08/2016 8004993 MCFARLAND CASCADE HOLDINGS 02/08/2016 8004994 MICHELS CORP MICHELS POWER DIVISION
02/08/2016 8004991 LONGS LANDSCAPE LLC 02/08/2016 8004992 MAYES TESTING ENGINEERS INC
02/08/2016 8004989 GROUP HEALTH COOPERATIVE 02/08/2016 8004990 LAMINATED WOOD SYSTEMS INC
02/08/2016 8004987 FASTENAL COMPANY 02/08/2016 8004988 FRONTIER COMMUNICATIONS NORTHWEST I
02/08/2016 8004985 ENTERPRISE RENT-A-CAR 02/08/2016 8004986 ERM WEST INC
02/08/2016 8004983 DESIGNER DECAL INC 02/08/2016 8004984 DOBLE ENGINEERING CO
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 118/218
0202 15 of 15 February 16, 2016
2,000.00627.54837.78
5,023.07230.40
20,456.003,360.00
250.001,303.961,365.00
17,861.86144.44
1,400.80663.57241.11
28.00993.19682.50
10,162.91477.00740.00344.18175.88
32,139.3213,681.3722,680.0225,400.40
541.10
$Sum 5,387,026.48
02/08/2016 8005049 EXCELERATE SYSTEMS LLC 02/08/2016 8005050 TRU-VIEW GLASS AND WINDOWS INC
02/08/2016 8005047 SKINNER LANDSCAPE SERVICES INC 02/08/2016 8005048 MOHR TEST AND MEASUREMENT LLC
02/08/2016 8005045 ALTEC INDUSTRIES INC 02/08/2016 8005046 ANIXTER INC
02/08/2016 8005043 GREEN HOUSE DATA INC 02/08/2016 8005044 GRAYBAR ELECTRIC CO INC
02/08/2016 8005041 CORPORATE PAYMENT SYSTEMS 02/08/2016 8005042 US HEALTHWORKS MEDICAL GROUP OF WA
02/08/2016 8005039 THE PINNACLE CONSULTING GROUP INC 02/08/2016 8005040 TRAVIS MALETTA
02/08/2016 8005037 SOUND SAFETY PRODUCTS CO INC 02/08/2016 8005038 STOEL RIVES LLP
02/08/2016 8005035 SNOHOMISH COUNTY 02/08/2016 8005036 PUBLIC UTILITY DIST NO 1 OF SNOHOMI
02/08/2016 8005033 RUBATINO REFUSE REMOVAL 02/08/2016 8005034 SAFELITE FULFILLMENT INC
02/08/2016 8005031 RELIANCE MANUFACTURING CORPORATION 02/08/2016 8005032 RICOH USA INC
02/08/2016 8005029 PRIME TEAM PARTNERS INC 02/08/2016 8005030 RAINIER WOOD RECYCLERS INC
02/08/2016 8005027 PORTAGE BAY SOLUTIONS INC 02/08/2016 8005028 POWER LINE SYSTEMS INC
02/08/2016 8005025 O C TANNER RECOGNITION CO 02/08/2016 8005026 OPEN ACCESS TECHNOLOGY INTL INC
02/08/2016 8005023 LAW DAWGS INC 02/08/2016 8005024 NORTHWEST CASCADE INC
Detailed Disbursement Report
Warrant Fund - Accounts Payable Warrants Payment Date Tracking Number Payee Amount
Page 119/218
0202 1 of 2 February 16, 2016
102.00238.05
1,160.1250.00
2,556.00725.60
1,195.46144.00
95.0060.38
102.0085.00
254.48909.00
1,838,130.0049.79
425.4045.3641.04
807.19491.96127.08463.48
38.76211.80130.00272.34
16.0034.5634.5634.5677.0433.4895.5820.0760.48
139.57102.00435.40
14.58 02/05/2016 6000569 Benjamin Beberness 02/05/2016 6000570 Misti Moore
02/05/2016 6000567 Larry Lowe 02/05/2016 6000568 Daniel Wittenberg
02/05/2016 6000565 Kevin Lavering 02/05/2016 6000566 Tyler Reinitz
02/05/2016 6000563 Kimberley Lee 02/05/2016 6000564 George Hespe
02/05/2016 6000561 Monica Gorman 02/05/2016 6000562 Anne Spangler
02/05/2016 6000559 Casey Wright 02/05/2016 6000560 Nicholas Belisle
02/05/2016 6000557 Mark Oens 02/05/2016 6000558 Alan Cohen
02/05/2016 6000555 Charles Cooley 02/05/2016 6000556 Hilary Allworth
02/05/2016 6000553 John Martinsen 02/05/2016 6000554 Christoph Enderlein
02/02/2016 6000551 Zacarias Yanez 02/05/2016 6000552 John Bergman
02/02/2016 6000549 Craig Collar 02/02/2016 6000550 Arturas Floria
02/02/2016 6000547 James Whitehead 02/02/2016 6000548 Michael Coe
02/02/2016 6000545 DELOITTE CONSULTING LLP 02/02/2016 6000546 Edward Pride
01/29/2016 6000543 Sinh Tran 02/01/2016 6000544 PUBLIC UTILITY DISTRICT EMPLOYERS
01/29/2016 6000541 Larry Delkettie 01/29/2016 6000542 Daniel Moulton
01/29/2016 6000539 Billy Whitecotton 01/29/2016 6000540 Robert McManis
01/28/2016 6000537 Andra Shaughnessy 01/28/2016 6000538 Thomas Blades
01/28/2016 6000535 Mitzi Bulman 01/28/2016 6000536 Scott Spahr
01/27/2016 6000533 PUGET SOUND ENERGY INC 01/28/2016 6000534 Sabrina Chambliss
01/26/2016 6000531 Dale Aschenbrenner 01/26/2016 6000532 Andrew Starkey
Detailed Disbursement Report
Warrant Fund - Accounts Payable ACH Payment Date Tracking Number Payee Amount
Page 120/218
0202 2 of 2 February 16, 2016
103.6855.6281.0029.16
310.86697.47880.12308.70
41.22220.44159.50
$
02/08/2016 6000581 Jennifer Finnigan
Sum 1,852,896.94
02/08/2016 6000579 Melissa Collins 02/08/2016 6000580 Douglas Dickson
02/08/2016 6000577 Melissa Martinsen 02/08/2016 6000578 Robert Marks
02/08/2016 6000575 Sinh Tran 02/08/2016 6000576 Long Duong
02/05/2016 6000573 Douglas Williams 02/08/2016 6000574 Robert Peterson
02/05/2016 6000571 Scott Basom 02/05/2016 6000572 Matthew Bloom
Detailed Disbursement Report
Warrant Fund - Accounts Payable ACH Payment Date Tracking Number Payee Amount
Page 121/218
0202 1 of 1 February 16, 2016
3,524,173.002,153,750.00
12,962.2141,667.00
102,029.4877,417.21
374,644.6138,129.30
$
02/08/2016 7000141 US BANK NA
Sum 6,324,772.81
02/04/2016 7000139 PUBLIC UTILITY DIST NO 1 OF SNOHOMI 02/04/2016 7000140 ICMA-RC
02/04/2016 7000137 ENERGY NORTHWEST 02/04/2016 7000138 ICMA-RC
02/01/2016 7000135 PUGET SOUND ENERGY INC 02/01/2016 7000136 US BANK NA
Warrant Fund - Accounts Payable Wires Payment Date Tracking Number Payee Amount
01/26/2016 7000134 BONNEVILLE POWER ADMINISTRATION
Detailed Disbursement Report
Page 122/218
Period Ending Date Pay Date Payee $ Payroll Amount
1/15/2016 1/22/2016 Dept of Retirement Systems 114,938.37 1/31/2016 2/5/2016 PUD Employees 2,744,432.86
Sum: 2,859,371.23$
Payroll RegisterELECTRIC SYSTEM REVENUE FUND
Page 123/218
BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 3D
TITLE
Consideration of a Resolution Designating an Authorized Representative and Alternate for
Coordinating Matters Relating to the District’s Request for Certain Disaster Assistance Funds
From Appropriate Federal and State Agencies for the November 2015 Severe Storms,
Straight-line Winds, Flooding, Landslides, and Mudslides
SUBMITTED FOR: Consent Agenda
Finance G. McPherson/J. Herrling 8356/8303 Department Contact Extension
Date of Previous Briefing:
Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Utilities are provided at the lowest possible cost consistent with sound business principles (Ends
Policy 5).
From November 12 – 21, 2015, Snohomish County Washington experienced significant damage
from severe storms, straight-line winds, flooding, landslides, and mudslides. The District is now
eligible for federal and state disaster assistance to recover some of the costs incurred repairing
the associated damage.
The Washington State Military Department (State Emergency Management) is responsible for
coordinating the disbursement of federal and state disaster assistance funds. They require the
District to appoint an authorized representative and an alternate to coordinate the District’s
request for assistance. The attached resolution appoints Jim Herrling as the District’s authorized
representative and Jan Barnes as the alternate for the purpose of requesting federal and state
disaster assistance funds associated with the severe windstorm damage.
List Attachments:
Resolution
Page 124/218
RESOLUTION NO.
A RESOLUTION Designating an Authorized Representative and
Alternate for Coordinating Matters Relating to the District’s
Request for Certain Disaster Assistance Funds From Appropriate
Federal and State Agencies for the November 2015 Severe Storms,
Straight-line Winds, Flooding, Landslides, and Mudslides
WHEREAS, Federal funding is provided by the Federal Emergency Management
Agency (“FEMA”) and is administered by the Washington State Military Department (“State
Emergency Management”) for event number FEMA-4249-DR-WA, which is designated as
the “Severe Storms, Straight-line Winds, Flooding, Landslides and Mudslides”; and
WHEREAS, the District sustained damage to its facilities from and incurred costs in
connection with the Severe Storms, Straight-line Winds, Flooding, Landslides and Mudslides
and now desires to seek disaster recovery assistance funds from appropriate federal and state
agencies; and
WHEREAS, State Emergency Management requires the District to appoint an
authorized representative and alternate representative to coordinate the District’s request for
disaster recovery assistance.
NOW, THEREFORE, BE IT RESOLVED by the Commission of Public Utility
District No. 1 of Snohomish County, Washington, that James L. Herrling, Deputy Treasurer
and Senior Manager of Treasury, Risk Management and Supply Chain, is hereby appointed as
the District’s authorized representative and Janet E. Barnes, Risk Management and Security
Administrator, is hereby appointed the District’s alternate representative, each of whom is
authorized to execute all contracts, certify completion of contracts, request payments, prepare
all required documentation for funding requirements and take all other necessary and
appropriate actions with respect to all matters pertaining to the federal and state disaster
Page 125/218
Resolution No. ______ - 2 -
assistance funds received in connection with the Severe Storms, Straight-line Winds,
Flooding, Landslides and Mudslides; and any such action previously taken by either of them
is hereby ratified and confirmed.
PASSED AND APPROVED this 16th day of February, 2016.
President
Vice-President
Secretary
Page 126/218
BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: ___4A
TITLE
Consideration of a Resolution Declaring the Existence of Special Market Conditions and
Authorizing the Purchase of Federal Communications Commission Authorized VHF Frequency
Licenses from Scott MacIntyre
SUBMITTED FOR: Items for Consideration
Telecommunications Jim McDougal 5080
Department Contact Extension
Date of Previous Briefing:
Estimated Expenditure: $734,000 Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Governance Process, Board Job Description, GP-3(4)…non-delegable, statutorily assigned
Board duty.
The District is in the process of replacing its aging 900MHz dispatch radio system with a new
digital radio system operating at VHF frequencies. Additional radio spectrum (VHF Frequency
Licenses) is needed to fully support the operational requirements of the new system. In February
2014 the District advertised RFP No. 6365 for the possible purchase of eight (8) VHF frequency
licenses. Only one party, Scott MacIntyre, responded to RFP No. 6365 offering to sell eight (8)
VHF licenses. However the offer was rejected in April 2014 due to frequency coordination
requirements with Industry Canada that could not be met.
District staff canvassed the market to determine current price and availability of VHF Frequency
Licenses in the area. In particular, a current FCC records search has confirmed that Mr.
MacIntyre is still the only entity holding and willing to sell VHF Frequency Licenses in the
quantities needed for use in the new system. A draft Asset Purchase Agreement has been
negotiated with Mr. MacIntyre which will accommodate the frequency coordination
requirements of Industry Canada and allow the District to acquire the VHF spectrum required for
Page 127/218
Page 2
its replacement radio system. The purchase price of each VHF Frequency License listed in the
Asset Purchase Agreement varies from $40,000 to $75,000 each depending on the subject area of
the License and whether it is partitioned.
Accordingly, staff recommends that the Commission pass the resolution finding that special
market conditions currently exist with respect to the purchase of up to ten (10) VHF Frequency
Licenses; finding that staff have taken reasonable precautions to secure the lowest price for said
Licenses that is practicable under the circumstances; waiving bid and performance bond
requirements; and authorizing purchase of the VHF Frequency Licenses from Scott MacIntyre in
accordance with the terms and conditions of the Asset Purchase Agreement.
List Attachments:
Resolution
Exhibit A - Asset Purchase Agreement
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RESOLUTION NO. ______
A RESOLUTION Declaring the Existence of Special Market
Conditions and Authorizing the Purchase of Federal
Communications Commission Authorized VHF Frequency
Licenses from Scott MacIntyre
WHEREAS, RCW 39.04.280 provides that with respect to purchases in which
“special market conditions” are present, the normal competitive bidding requirements
may be waived by the Commission provided that reasonable precautions are taken to
secure the lowest price practicable under the circumstances; and
WHEREAS, the District desires to acquire a number of Federal Communications
Commission authorized VHF Frequency Licenses (“VHF Frequency Licenses”) for the
purpose of providing radio frequency spectrum necessary for the construction of a new
District dispatch radio network to replace the current aging 900MHz SmartNet simulcast
radio system; and
WHEREAS, in February 2014, Public Utility District No. 1 of Snohomish County
(“District”) advertised Request for Proposal No. 6365 (“RFP No. 6365) for the possible
purchase of eight (8) VHF Frequency Licenses; and
WHEREAS, specifications for RFP No. 6365 required that the VHF Frequency
Licenses offered for sale be cleared by Canada for usage in the United States near the
Canadian border; and
WHEREAS, the District received only one (1) proposal in response to RFP No.
6365 in which Scott MacIntyre offered to sell the District eight (8) partitioned VHF
Frequency Licenses at a cost of $52,000 per License for a total of $454,272 (including
sales tax); and
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Resolution No. ______ - 2 -
WHEREAS, in April 2014, the proposal was rejected by the Commission because
the offered VHF Frequency Licenses were not cleared for usage by Canada in the subject
area (Mr. MacIntyre noted this in his proposal); and
WHEREAS, the District still needs to obtain a number of VHF Frequency
Licenses; and
WHEREAS, District staff canvassed the market to determine current price and
availability of VHF Frequency Licenses in the area, and the only person or entity that
could be identified as a party willing to sell a sufficient number of VHF Frequency
Licenses is Scott MacIntyre; and
WHEREAS, Mr. MacIntyre is willing to sell up to ten (10) VHF Frequency
Licenses in either a partitioned or non-partitioned form in accordance with the attached
Asset Purchase Agreement (Exhibit A); and
WHEREAS, District staff recommend that the Commission declare the existence
of special market conditions with respect to VHF Frequency Licenses and authorize the
purchase of up to ten (10) VHF Frequency Licenses from Scott MacIntyre.
NOW, THEREFORE, BE IT RESOLVED by the Commission of Public Utility
District No. 1 of Snohomish County as follows:
1. Based on the facts and circumstances set forth above and on the
recommendation of District staff and for purposes of RCW 39.04.280, the Commission
finds that special market conditions currently exist with respect to the purchase of up to
ten (10) VHF Frequency Licenses and that staff have taken reasonable precautions to
secure the lowest price for said Licenses that is practicable under the circumstances.
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Resolution No. ______ - 3 -
2. The Commission hereby waives the statutory requirements for bid and
performance bonds which are normally applicable to competitively bid material
purchases that might otherwise apply to the procurement of the VHF Frequency Licenses.
3. Accordingly, the Commission authorizes the District CEO/General
Manager or his designee to take all reasonable and necessary actions to purchase up to
ten (10) VHF Frequency Licenses from Scott MacIntyre, including but not limited to
executing an Asset Purchase Agreement with Mr. MacIntyre in a form substantially
similar to Exhibit A; provided further that the final form of the Asset Purchase
Agreement and documents related to the purchase shall be subject to the review and
approval of the District’s General Counsel or her designee.
PASSED AND APPROVED this 16th
day of February, 2016.
President
Vice-President
Secretary
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ASSET PURCHASE AGREEMENT (LICENSES ONLY)
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is made as of this ____ day of _____________, 2015 (“Effective Date”), by and between Public Utility District No. 1 of Snohomish County, a Washington municipal corporation (“Buyer”), and Scott C. MacIntyre (“Seller”). Buyer and Seller may be referred to herein individually as a “Party” and collectively as the “Parties”.
RECITALS A. Seller holds authorizations issued by the Federal Communications Commission (“FCC”) to operate on certain frequencies (“Licensed Frequencies”) under call signs listed on Exhibit A herein (“Licenses” and together with the Licensed Frequencies, “FCC Authorizations”). B. Seller desires to transfer and assign to Buyer certain (i) non-partitioned FCC Authorizations identified on Exhibit A; and (ii) geographically partitioned FCC Authorizations identified on Exhibit A, for use in the area (“Assigned Area”) described in Exhibit B, and Buyer desires to purchase from Seller the FCC Authorizations, subject to Industry Canada (“IC”) approval of Buyer’s Site-Based Applications, as described in Section 5(b). Buyer will purchase all FCC Authorizations for which IC has approved the Site-Based Applications up to a maximum number of ten (10) FCC Authorizations, in all cases subject to the Closing Conditions specified in Section 7. C. Buyer and Seller desire to enter into this Agreement to effect the sale of the FCC Authorizations to Buyer free and clear of all liens, claims, mortgages, pledges, security interests, encumbrances, adverse claims or restrictions whatsoever (collectively, “Liens”). NOW, THEREFORE, in consideration of the promises, mutual covenants and agreements set forth herein, the sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows:
AGREEMENTS
1. Purchase and Sale of FCC Authorizations; License Transfer: Upon the terms and subject to the conditions outlined in this Agreement, on the Final Closing (as defined below), Seller will complete the sale and delivery to Buyer, and Buyer will complete the purchase and acquisition from Seller, all of Seller’s right, title and interest in and to all FCC Authorizations to which IC has approved the Site-Based Applications to a maximum number of ten (10) FCC Authorizations, in all cases subject to the Final Closing Conditions specified in Section 7, in consideration of the payment of the Purchase Price by Buyer to Seller as described below. This Agreement specifically transfers and assigns the FCC Authorizations as described in Exhibit A and Exhibit B, and specifically excludes any sale or transfer of Seller’s cash, cash equivalents, account receivables, the equipment operating the frequencies under the FCC Authorizations and any and all other assets of Seller.
2. Payment of Consideration: The consideration to be paid by Buyer to Seller for each of the FCC
Authorizations is specified in Exhibit A (collectively, the “Purchase Price”). The Initial Payment and Final Payment, both as defined in Section 6 below that, collectively, will constitute the Purchase Price shall be paid by Buyer as described in Section 6 in immediately available funds.
3. Assumption of Liabilities: Buyer is not assuming and will not be responsible for any liabilities or
obligations of Seller whether arising out of or in connection with the FCC Authorizations or Seller’s operations on the FCC Authorizations.
4. Payment of Expenses: Buyer and Seller each shall bear their own legal, accounting, and brokerage
expenses in connection with this Agreement. Buyer will pay any FCC fees in connection with the Assignment Application, the Site-Based Applications, and the Reassignment Application (as defined below).
Resolution No. ______ Exhibit A
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5. FCC Applications and Waiver Request: (a)Preparation and Filing of Assignment Application; Notice of Consummation: (i) Assignment Application: As soon as possible (but in no event later than twenty (20) business days
after the Effective Date), Buyer and Seller shall cooperate in filing an application on FCC Form 603 (“Assignment Application”) and a request for waiver of the FCC rules (“Waiver Request”) seeking the FCC’s consent to the assignment of the non-partitioned and partitioned FCC Authorizations identified on Exhibit A from Seller to Buyer and the grant of the Waiver Request. The Parties shall act diligently in taking all steps reasonably necessary to expedite the processing and approval of the Assignment Application. The Parties shall promptly: (i) provide each other with a copy of each pleading, order or other document served on it relating to the Assignment Application and (ii) furnish all information required by IC or the FCC related to the Assignment Application.
(ii) Notice of Consummation: As soon as possible after FCC issuance of a Public Notice announcing its consent to the Assignment Application and Waiver Request (“FCC Assignment Consent”), the Parties shall undertake an Initial Closing, as defined in Section 6(a) below. Promptly thereafter (and in no event later than thirty (30) days following the Initial Closing), Buyer shall provide proper notice to the FCC of consummation of the Initial Closing, which will trigger the FCC’s issuance of the FCC Authorizations in the name of Buyer.
(b) Preparation and Filing of Site-Based Applications; Reassignment Application: (i) Site-Based Applications: As soon as possible (but in no event later than twenty (20) business days)
after the FCC has issued licenses for the FCC Authorizations in the name of Buyer, Buyer shall file site-based applications on FCC Form 601 (“Site-Based Applications”) to request that the FCC seek IC approval for Buyer’s use of the Licensed Frequencies at Buyer’s transmitter sites located above Line A, as defined in 47 C.F.R. § 90.7. Upon FCC grant of the Site-Based Applications by Final Order, as defined below, Buyer and Seller shall undertake a Final Closing, as defined in Section 6(b) below, wherein Buyer shall retain the FCC Authorizations for up to the number of Licensed Frequencies selected by Buyer in accordance with Recital C and Section 1 (“Retained FCC Authorizations”), and shall reassign to Seller the FCC Authorizations for all Licensed Frequencies Buyer does not retain.
(ii) Reassignment Application: Within twenty (20) business days of Final Closing, Buyer and Seller shall cooperate in filing an application on FCC Form 603 (“Reassignment Application”) to assign from Buyer to Seller the FCC Authorizations not retained by Buyer (“Reassigned FCC Authorizations”). As soon as possible after FCC issuance of a Public Notice announcing its consent to the Reassignment Application, Seller shall provide proper notice to the FCC of consummation of the reassignment of the Reassigned FCC Authorizations.
(c) Final Order: For purposes of this Agreement, “Final Order” shall mean that forty (40) days have
elapsed from the date of the FCC’s issuance of a public notice of FCC Consent to the assignment of the FCC Authorizations without the filing of any adverse request, petition or appeal by any third party or by the FCC on its own motion with respect to the Assignment Application or, if challenged, the FCC Consent shall have been reaffirmed or upheld and the applicable period for seeking further administrative or judicial review shall have expired without the filing of any action, petition or request for further review.
6. Initial Closing/Final Closing:
(a) Initial Closing: At Initial Closing, Buyer shall take assignment of the FCC Authorizations and assume such responsibilities as are required of licensees by the FCC. Buyer shall make a payment (“Initial Payment”) of Ten Thousand Dollars ($10,000.00) that will be retained or returned by Seller in accordance with subsections (b) and (c) below.
Resolution No. ______ Exhibit A
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(b) Disposition of Initial Payment upon Termination: If Buyer terminates the Agreement pursuant to Section 13(iii), Seller shall be entitled to retain the Initial Payment as liquidated damages and not as a penalty.
(c) Final Closing: At Final Closing, Buyer shall make a payment (“Final Payment”) of the Purchase Price for the Retained FCC Authorizations specified in Exhibit A, minus the Initial Payment. (c) Cooperation: At Final Closing, the Parties will exchange any documents, assignments, bills of sale and other instruments called for by this Agreement or as Buyer or its counsel may reasonably request. Buyer and Seller shall cooperate in good faith and exercise their reasonable best efforts to obtain FCC and third-party consent and finalize and execute any and all other documents or agreements necessary to effect the sale on or prior to the Final Closing.
7. Final Closing Conditions: The Final Closing will be subject to the satisfaction of all of the following conditions (except to the extent any such conditions are expressly waived by Buyer in writing): (i) FCC Consent by Final Order of the assignment to Buyer of the FCC Authorizations in accordance with Section 5(a)(i) and of the Site-Based Applications in accordance with Section 5(b)(i); (ii) receipt of any other required third party consents and approvals required for the transfer of each of the FCC Authorizations; (iii) release of all liens, if any, on the FCC Authorizations; (iv) the continued truth and accuracy of Seller’s representations and warranties provided herein; and (v) execution and delivery of appropriate instruments of sale and assignment and other documents and instruments as the Parties or their counsel may reasonably request
8. Representations and Warranties:
(a) Seller’s Representations and Warranties: Seller represents and warrants to Buyer as follows: (i) Seller is the lawful, beneficial and exclusive owner of the FCC Authorizations and, subject to prior FCC Consent, Seller has the unrestricted right to sell or cause the sale of the FCC Authorizations to Buyer at Closing free and clear of Liens; (ii) this Agreement has been duly authorized and approved by all required action of Seller; (iii) neither the execution nor the delivery of this Agreement nor the consummation of the transaction contemplated herein will conflict with, or result in any violation or default under, any term of the organizational documents or by-laws of Seller, or any agreement, mortgage, indenture, license, permit, lease or other instrument, judgment, decree, order, law or regulation by which Seller is bound; (iv) the FCC Authorizations are valid and in good standing with the FCC and Seller is in compliance with all statutes, rules and regulations concerning construction, and loading of the FCC Authorizations or the facilities associated with the FCC Authorizations, and all other federal statutes, rules, regulations and policies of the FCC applicable to the Seller or the FCC Authorizations; (v) the agreement with PacifiCorp that resulted in the partitioned FCC Authorizations identified on Exhibit A included no provision that would supersede the FCC Rule Section 22.503(h) Adjacent Geographic Area Coordination requirements; (vi) there is no pending or, to the best of Seller’s knowledge, threatened action, petition, pleading or competing application by Seller under the FCC Authorizations, a third party, the FCC, or any other governmental agency to suspend, revoke, terminate or challenge any of the FCC Authorizations, Seller’s qualifications as licensee, or otherwise investigate the operation on the FCC Authorizations; and (vii) no person or entity holds or has been granted a right of first refusal or option to purchase the FCC Authorizations or any part thereof. Each of Seller’s representations and warranties will survive the Closing.
(b) Buyer’s Representations and Warranties: Buyer represents and warrants to Seller as follows: (i) Buyer is duly organized and validly existing under the laws of the state of its organization; (ii) this Agreement has been duly authorized and approved by all required action of Buyer; (iii) Buyer is financially and legally able to meet its obligations under this Agreement, subject to FCC grant of the Waiver Request; and (iv) neither the execution nor the delivery of this Agreement nor the consummation of the transaction contemplated herein will conflict with, or result in, any material violation or default under any term of the articles of organization or operating agreement, if any, of Buyer, or any agreement, mortgage, indenture, license, permit, lease or other instrument, judgment, decree, order, law or regulation by which Buyer is bound. Each of Buyer’s representations and warranties will survive the Closing.
9. Covenants: (a) Seller’s Covenants: (i) From the Effective Date to the Initial Closing, Seller shall: (i) operate on the Licensed Frequencies
only in the ordinary and usual course of business; (ii) not sell, dispose, encumber, geographically partition or permit the sale, disposal or encumbrance of any of the FCC Authorizations; (iii) take all
Resolution No. ______ Exhibit A
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necessary actions to maintain the continued validity of the FCC Authorizations; (iv) afford Buyer and its representatives reasonable access to the records relating to the FCC Authorizations during normal business hours; (v) not seek to modify or allow modification of any of the parameters under the FCC Authorizations; and (vi) not take any action to effect a co-channeled license on the Licensed Frequencies.
(ii) From the Effective Date to the Final Closing, Seller shall; (i) cooperate with Buyer in all applications or filings with the FCC in connection with this transaction; and (ii) fully perform, observe and comply with all of the obligations Seller is required to perform, observe and comply with pursuant to the terms of this Agreement. From and after the Final Closing, Seller will at any time and from time to time, upon Buyer’s request and without further cost to Buyer, prepare, execute and deliver the instruments of conveyance and assignment and will take action as Buyer may reasonably request to more effectively transfer to and vest in Buyer, or its successors and assigns, and to put Buyer in possession of, the FCC Authorizations, free and clear of any and all Liens.
(b) Buyer’s Covenants: (i) From the Effective Date to the Final Closing, Buyer shall: (i) cooperate with Seller in all
applications or filings with the FCC in connection with this transaction; and (ii) fully perform, observe and comply with all of the obligations Buyer is required to perform, observe and comply with pursuant to the terms of this Agreement.
(ii) From the Initial Closing to the Final Closing, Buyer shall: (i) operate on the Licensed Frequencies only in the ordinary and usual course of business; (ii) not sell, dispose, encumber, geographically partition or permit the sale, disposal or encumbrance of any of the FCC Authorizations; (iii) take all necessary actions to maintain the continued validity of the FCC Authorizations; (iv) not seek to modify or allow modification of any of the parameters under the FCC Authorizations; and (v) not take any action to effect a co-channeled license on the Licensed Frequencies.
10. Conflicting Agreements: (a) Seller is not a party to, nor are any of the FCC Authorizations subject to, any contract or arrangement
that would preclude or would be violated by Seller’s performance of Seller’s obligations under this Agreement or by the consummation of the transactions contemplated by the Agreement.
(b) Seller covenants that Seller will not enter into, nor cause any of the FCC Authorizations to be or become
subject to, any contract or arrangement, and Seller covenants that, if any person should allege that any contract or arrangement exists or otherwise seeks to challenge consummation of the transaction (or any portion of the transaction) contemplated by this Agreement, then Seller will promptly use Seller’s reasonable best efforts to resolve the allegations or challenges so as to permit the transactions contemplated by this Agreement to be consummated as soon as is practicable, and Seller acknowledges that, until all allegations and challenges have been finally and favorably so resolved, Buyer will not be obligated to close the transaction contemplated by this Agreement.
11. No Shop: As of the Effective Date Seller, on behalf of itself and its officers and agents, agrees not to
solicit, make or accept any offers from any third party to sell or purchase the FCC Authorizations or any part thereof.
12: Responsibility for Liabilities: Neither Party is assuming nor is either Party responsible for any
liabilities or obligations of the other Party arising out of or in connection with this Agreement. Each Party will be responsible for its own acts or omission arising from or related to: (i) any material breach of any covenant, agreement, representation or warranty contained in, or made pursuant to, this Agreement; or (ii) as for Seller, any and all liabilities (including successor liabilities) or obligations relating to Seller’s use of the Licensed Frequencies prior to the Final Closing and, as for Buyer, any and all liabilities (including successor liabilities) or obligations relating to Buyer’s use of the Licensed Frequencies after the Final Closing.
Resolution No. ______ Exhibit A
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13. Termination: This Agreement may be terminated and the transactions contemplated by this Agreement
abandoned: (i) by mutual consent of the Parties provided in writing; (ii) by either Party upon material breach of the other Party, following a thirty (30) day period for cure by the breaching Party following written notice of the breach; or (iii) by either Party, if Final Closing does not occur within two (2) years of Initial Closing , unless the Parties agree in writing to extend the Final Closing, provided that the terminating Party is not then and has not been in breach of the Agreement.
14. Specific Performance: Seller acknowledges that the FCC Authorizations are unique and the loss to
Buyer due to Seller’s failure to perform this Agreement could not be easily measured with damages. Buyer will be entitled to specifically enforce this Agreement in a court of equity without proof of specific monetary damages, and without waiving any of Buyer’s rights under this Agreement, in the event of breach of this Agreement by Seller.
15. Waiver: Buyer and Seller, by written notice to the other, may (a) extend the time for performance of any of
the obligations or other actions of the other under this Agreement, (b) waive any inaccuracies in the representations or warranties of the other contained in this Agreement or in any document delivered pursuant to this Agreement, (c) waive compliance with any of the conditions or covenants of the other contained in this Agreement, or (d) waive or modify performance of any of the obligations of the other under this Agreement; provided that neither Party may without the written consent of the other make or grant any extension of time, waiver of inaccuracies or compliance, or waiver or modification of performance, with respect to its own obligations, representations, warranties, conditions or covenants in this Agreement. Except as provided in the preceding sentence, no action taken pursuant to this Agreement will be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature.
16. Attorney’s Fees and Costs: Should either Party be required to retain the services of an attorney to file
an action to enforce any of its rights under this Agreement, or under any other document executed and delivered pursuant to this Agreement, the Party prevailing in the action will be entitled to recover reasonable attorney’s fees and court costs in connection with that action in an amount to be fixed by the court hearing the action.
17. Notices: All notices and other communications under this Agreement will be in writing and will be
deemed given (i) the same day if delivered personally or sent by facsimile or electronic mail; (ii) the next business day if sent by overnight delivery via a reliable express delivery service; or (iii) after five (5) business days if sent by certified mail, return receipt requested, postage prepaid. All notices will be delivered to the Parties at the following addresses (or at any other address for a Party as will be specified by the notice, provided that notice of change of address will be effective only upon receipt of the notice):
(a) If to Seller, to:
Scott C. MacIntyre 10 Rimmon Court Merrimack, NH 03054 Telephone: (603)598-1222 Email: [email protected] With a copy to:
Resolution No. ______ Exhibit A
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(b) If to Buyer, to:
Snohomish County Public Utility District #1 PO Box 1107 Everett, WA 98206 Attn: Jim McDougal / Telecommunications Manager Phone: (425) 783-5080 Email: [email protected]
With a copy to: Lukas, Nace, Gutierrez & Sachs LLP 8300 Greensboro Drive, Suite 1200 McLean, VA 22102 Attn: Liz Sachs Phone: (703) 584-8663 Fax: (703) 584-8696 Email: [email protected]
18. Assignment: All covenants, agreements, representations, warranties and indemnities will be binding upon, and inure to the benefit of, the Parties and their respective successors and permitted assigns. This Agreement may not be assigned by either Party without the written consent of the other Party, which consent shall not be unreasonably withheld.
19. Counterparts: This Agreement may be executed in one or more counterparts, which will be effective as original agreements of the Parties. Original signatures transmitted by facsimile or electronic mail will be effective to create counterparts. 20. Exhibits: All references in this Agreement to “Exhibits” will mean the Exhibits identified in and listed at the end of this Agreement, which are incorporated by reference and will be deemed a part of this Agreement for all purposes. Failure to attach any referenced Exhibits will not affect the binding nature of this Agreement.
21. Governing Law and Venue: This Agreement will be governed by the laws of the State of Washington, without giving effect to the conflict of law provisions of that State. Venue for any disputes regarding the Agreement shall be in the Superior Court of Snohomish County, Washington; provided that venue for any matter that is within the jurisdiction of the Federal Court shall be in the United States District Court for the Western District of Washington at Seattle, Washington. Each Party hereby irrevocably waives, to the fullest extent it may effectively do so, the defense of an inconvenient forum to the maintenance of proceedings in such courts. 22. Interpretation: All headings used in this Agreement are for convenience of reference only and will not be deemed to have any substantive effect. Notwithstanding any law or rule of contract interpretation to the contrary, this Agreement will not be interpreted strictly for or against any Party. Each of the Parties certifies to the other that it has reviewed this Agreement with, and is relying solely upon the advice of, its independent counsel and tax advisor, as to the negotiation, preparation, execution and delivery of this Agreement and as to the legal and tax implications under this Agreement. In the event that any covenant, condition or other provision contained in this Agreement is held to be invalid, void or unlawful by any administrative agency or court of competent jurisdiction, that provision will be deemed severable from the remainder of this Agreement and will in no way affect, impair or invalidate any other covenant, condition or other provision, and the Parties will use their reasonable best efforts to make the covenant, condition or other provision valid and lawful if possible so as to preserve the rights and obligations of the Parties. 23. Amendment: This Agreement, together with the attached Exhibits, constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, superseding all prior oral or
Resolution No. ______ Exhibit A
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written agreements or understandings. This Agreement may not be changed, modified or altered except by an agreement in writing executed by the Parties. IN WITNESS WHEREOF, this Agreement will be effective as a binding agreement between the Parties upon being fully executed by the Parties indicated below and will remain in effect as an Agreement for the purchase and sale of the FCC Authorizations upon the terms and conditions provided in this Agreement. SELLER: Scott C. MacIntyre By:_______________________ Name: Scott C. MacIntyre Date:
BUYER: Public Utility District No. 1 of Snohomish County By:_______________________ Name: Title: Date:
Resolution No. ______ Exhibit A
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EXHIBIT A
FREQUENCIES TO BE ASSIGNED Seller holds the FCC Authorizations issued by the FCC as listed in the table below. As contemplated by this Agreement, Seller shall request FCC Consent to assign to Buyer, as specified below, either (i) the FCC Authorization in its entirety or (ii) a partitioned portion of the FCC Authorization for operation in the Assigned Area as described in Exhibit B
CALL SIGN CHANNEL
BLOCK
CENTER BASE
FREQUENCY MHz
CENTER MOBILE
FREQUENCY MHz
PARTITIONED
PURCHASE PRICE
WPZN383 FA 152.030 158.490 N $40,000* WPZN384 FB 152.060 158.520 N $40,000* WPXN959 FF 152.180 158.640 N $75,000 WPZN385 FG 152.210 158.670 N $75,000 WPXN960 FH 152.510 157.770 Y $73,000 WPXN961 FI 152.540 157.800 Y $73,000 WPXN962 FK 152.600 157.860 Y $73,000 WPXN963 FL 152.630 157.890 Y $73,000 WPXN964 FN 152.690 157.950 Y $73,000 WPXN965 FQ 152.780 158.040 Y $73,000 WPXN966 FR 152.810 158.070 Y $73,000
* Channel is partially encumbered by adjacent channel site-based license(s).
Resolution No. ______ Exhibit A
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EXHIBIT B
DESCRIPTION OF GEOGRAPHIC AREA TO BE ACQUIRED
Non-partitioned FCC Authorizations on Exhibit A are authorized for operation throughout BEA170. Partitioned FCC Authorizations on Exhibit A are authorized for operation in the following Washington State counties: Clallam
Grays Harbor Island Jefferson King Kitsap Mason Pierce (except for the eastern portion partitioned to PacifiCorp as defined in the FCC’s electronic Universal
Licensing System database under call signs WQKC432/433/437/440/441/442/443. San Juan Skagit Snohomish Thurston Whatcom
In all cases, the FCC Authorizations are subject to FCC Rule Section 22.503(h) governing Adjacent Geographic Area Coordination requirements.
Resolution No. ______ Exhibit A
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BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 4B
TITLE
Consideration of a Resolution Authorizing the CEO/General Manager or Designee to Execute a
Grant Agreement with the State of Washington Department of Health to Allow the District to
Conduct a Feasibility Study for the Warm Beach Water Association
SUBMITTED FOR: Items for Individual Consideration
Water Utility Brant Wood 3003
Department Contact Extension
Date of Previous Briefing: February 2, 2016
Estimated Expenditure: $30,000 (grant) Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
E-1 The purpose of the Public Utility District No. 1 of Snohomish County is that the people of
Snohomish County and Camano Island own and control utilities that are valued as dependable,
safe and responsible, and at the lowest possible cost consistent with sound business principles.
Funding is offered through the Safe Drinking Water State Revolving Fund Federal Grant Award,
supported by the United States Environmental Protection Agency and administered by the
Washington State Department of Health (DOH) to assist the District in preparing a feasibility
study of the potential consolidation of the Warm Beach Water Association with the District’s
Kayak Water system. The Consolidation and Restructuring Technical Assistance Grant amount
is $30,000 and the study must be completed by August 31, 2016. The grant funds are subject to
both state and federal requirements.
By way of background, in late 2015 the Board of Directors of the Warm Beach Water
Association (Association) asked the District to provide a preliminary review of their water
system and determine whether or not it would be possible for the District to take it over. Warm
Beach’s water system, and iron and manganese treatment, are aging and are a maintenance
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burden to the purveyor. The 590 customer water system is adjacent to the District’s Kayak water
system south of Stanwood.
The District met with the Association several times and completed an initial, no-cost, high-level
evaluation of their system. After going through the preliminary findings with the Association,
they were interested in moving forward with a more in-depth study to determine whether or not it
would be technically and financially feasible for the District to take over the Warm Beach water
system. On December 14, 2015, the Association formally requested that the District proceed
with applying for a $30,000 grant from the DOH to perform the required full feasibility study.
The DOH supports the District’s potential acquisition of the Warm Beach water system and has
offered to fund the feasibility study with existing, unallocated 2015 funds rather than wait for the
District to apply for the 2016 grant fund cycle as originally planned. The grant funds will allow
District staff and consultants to prepare an in-depth feasibility study that evaluates the financial
and technical viability of acquiring the Warm Beach water system and consolidating it with the
District’s adjacent Kayak water system. Issues that will be examined in more detail as part of the
study include the Warm Beach system water rights, water quality, system hydraulics, and
financing options. The findings of the feasibility study will assist the District and the
Association to decide whether to proceed in a process towards consolidation of the water
systems.
District legal counsel has reviewed the DOH Grant Agreement and approved the agreement as to
form. Water Utility staff have worked with Finance, Risk Management, and General Accounting
on the grant terms and conditions.
Water Utility staff recommend entering into the grant agreement with the DOH to undertake a
feasibility study for the Warm Beach Water Association.
Attachments:
Formal Request from Warm Beach Water Association
Funding letter from State of Washington Department of Health
Resolution
Exhibit A – Department of Health Grant Agreement
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wARM BEACH WATER AsSOCIATION
RECEIVED
c:::: 1 ., 20\5
WATER DEP'I'.
STANWOOD, WA 98292
December 14, 2015
Brant Wood Manager Water Resources Snohomish County Public Utility Dist No.1 PO Box 1107 Everett, W A 98206-11 07
SUBJECT: Warm Beach Water Association and PUD Merger Study
Dear Brant,
The Warm Beach Water Association Board of Directors would like to request that the Snohomish County Public Utility District No 1 proceed with a consolidation feasibility study between the Warm Beach water system and PUD's Kayak Estates water system. The WBW A Board of Directors has unanimously agreed to this request and are following the membership-directed mandate approved at our last Annual meeting September 12, 2015. Tlus mandate directed the Board to explore the possibility of a merger with the PUD and report back no later than June 2016. We feel that we cannot make a complete recommendation to the membership without hard data from a feasibility study.
We understand that a monthly surcharge may be incuned for the cost of capital improvements to the WBW A infrastructure. However, we will need as accurate as possible estimate of these increased charges in order to actively move forward with a final proposal. We are attempting to keep the membership appraised of our actions by including informational newsletters with the bi-monthly billing. In these letters, we are emphasizing that even if we do not merge with PUD, the membership will have to incur capital costs in the near term in order to maintain our current infrastructure.
The WBW A Board would like to thank you for yom assistance and support and hope that this can develop into a long-term mutually beneficial anangement.
(;l;'A!~~ Paul Stephens President
cc: Joe Truglio- VP Dave Ridgeway - Treasurer Debbie Keller - Director Randy Brown - Director
Phone 360-652-7660 Fax 360-652-7301 Page 143/218
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RESOLUTION NO. ______
A RESOLUTION Authorizing the CEO/General Manager or
Designee to Execute a Grant Agreement with the State of
Washington Department of Health to Allow the District to Conduct
a Feasibility Study for the Warm Beach Water Association
WHEREAS, Public Utility District No. 1 of Snohomish County, Washington
(the “District”) and the Washington State Department of Health (“DOH”) have
negotiated a Consolidation and Restructuring Technical Assistance Grant (“Grant
Agreement”) whereby the State of Washington Department of Health (“Department
of Health”) will provide funding to assist the District in preparing a feasibility study
of the potential consolidation of the Warm Beach Waster Association system with the
District’s Kayak Water system; and
WHEREAS, such state funding is being provided through the Safe Drinking
Water State Revolving Fund Federal Grant Award, supported by the United States
Environmental Protection Agency and administered by the Department of Health.
The grant amount is not to exceed $30,000, and is contingent upon the District
completing the feasibility study by August 31, 2016, and meeting specified provisions
set forth in the Grant Agreement; and
WHEREAS, in late 2015 the Board of Directors of the Warm Beach Water
Association (“Association”) asked the District to move forward with an in-depth
study to determine whether or not it would be technically and financially feasible for
the District to acquire the Warm Beach water system and consolidate it with the
District’s adjacent Kayak water system south of Stanwood; and
WHEREAS, the Board of Commissioners of the District finds that it would be
in the best interest of the District and its ratepayers to enter into such agreement for
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Resolution No. ______ -2-
State funding to prepare such a feasibility study that will assist the District and
Association in deciding whether to proceed in a process towards consolidating the
Warm Beach Water Association with the District’s water utility.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Public Utility District No. 1 of Snohomish County, Washington, that based on staff’s
recommendation, the Board hereby approves the DOH Grant Agreement described
above, in substantially the form attached hereto as Exhibit “A” and incorporated
herein by this reference, and authorizes the District’s CEO/General Manager or
Designee to execute such Grant Agreement.
PASSED AND APPROVED this 16th day of February, 2016.
______________________________
President
______________________________
Vice-President
______________________________
Secretary
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Exhibit A – DOH Grant Agreement
PROJECT SCOPE OF WORK
Warm Beach Water Association and SNO-PUD 1 - Kayak Consolidation Study
2015 Small Water System Consolidation Grant
Project Title: Warm Beach Water Association and SNO-PUD1-Kayak Consolidation PURPOSE: The purpose of this grant is to assist in the connection of the Warm Beach Water Association (#93000) to Sno-PUD1- Kayak Estates (#23111). Background/General Information: Warm Beach Water Association has requested Snohomish County PUD evaluate the potential for consolidation of the two systems. Warm Beach’s water system, and iron and manganese treatment, are aging and are a maintenance burden to the purveyor. Allowing Snohomish PUD to serve Warm Beach, the water system will increase level of service, reliability, and water quality. There is a water right associated with Warm Beach; however it needs reviewing and verifying. Project funds will be used to fund the assessment of existing facilities and an initial water right review. Key goals will be to determine improvements Snohomish PUD would consider necessary as a condition for taking on ownership and operation of the system, and to provide this information to assist the Warm Beach membership in deciding whether to proceed in a process toward consolidation. Funds administered as part of this project will not be used to cover costs associated with the construction and installation of water infrastructure. Contract Administration: The funding provided in this contract will be used to cover the costs associated with assessing the existing facilities of Warm Beach, including the iron and manganese treatment facility. The funding will also help with an initial review of Warm Beach’s water right. The project’s scope of work is comprised of the following activities: TASK/ACTIVITY:
DELIVERABLE: DUE DATE:
Task 1: Engineering Report
Prepare an engineering report which includes an assessment of existing facilities at Warm Beach, including treatment. The report will also include a review of the water rights and ability to transfer the water rights to Snohomish PUD.
August 31, 2016
Resolution No. ______ Exhibit A
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PAYMENT:
DOH will provide reimbursement to Snohomish PUD on approval of reports and required deliverables. Snohomish PUD will provide an hourly accounting of time spent for each task in support of invoice. The contractor is responsible for tracking all project expenditures as related to this contract, and for maintaining these records. DOH will withhold 10 percent of the total funding amount ($3,000) until the project is successfully completed and all deliverables are received and approved by DOH.
Total Consideration for this contract not to exceed: $30,000.00
The project will be considered complete when all the activities identified in the above scope of work are complete. Project Performance Measures: Engineering Report
Resolution No. ______ Exhibit A
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NXXXXX
Grant Agreement
between
Department of Health
and
xxxxxxxxxxxxx
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This page
intentionally left blank
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1. Table of Contents GRANT FACE SHEET…………………………………………………………………………………………………………………………………5
GRANT TERMS AND CONDITIONS
1. GRANT MANAGEMENT ...............................................................................................................8 2. COMPENSATION .........................................................................................................................8 3. PURPOSE ....................................................................................................................................8 4. PREVAILING WAGE LAW .............................................................................................................8 5. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT INPUTS ..............................................................8 6. BILLING PROCEDURES AND PAYMENT INPUT ...............................................................................9 7. CERTIFIED COMPLETION REPORT AND FINAL PAYMENT ...............................................................9 8. REPORTS .................................................................................................................................. 10 9. INSURANCE .............................................................................................................................. 10 10. ORDER OF PRECEDENCE ............................................................................................................ 11 11. SUSPENSION OF PERFORMANCE AND RESUMPTION OF PERFORMANCE .................................... 11 12. TERMINATION FOR FRAUD OR MISREPRESENTATION DISINCENTIVE .......................................... 11 13. DEFINITIONS ............................................................................................................................. 12 14. ADVANCE PAYMENTS PROHIBITED ............................................................................................ 14 15. ALL WRITINGS CONTAINED HEREIN ........................................................................................... 14 16. ALLOWABLE COSTS ................................................................................................................... 12 17. AMENDMENTS ......................................................................................................................... 14 18. APPROVAL ................................................................................................................................ 15 19. ASSIGNMENT ............................................................................................................................ 15 20. ATTORNEYS’ FEES ..................................................................................................................... 15 21. AUDIT ...................................................................................................................................... 15 22. COMPETITIVE BID REQUIREMENTS ............................................................................................ 15 23. CONTRACTS .............................................................................................................................. 14 24. NONCOMPLIANCE .................................................................................................................... 14 25. RISK ASSESSMENT .................................................................................................................... 14 26. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) ........................................... 16 27. SPECIAL CONDITIONS ................................................................................................................ 15 28. SUBRECIPIENT .......................................................................................................................... 15 29. FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA) .................................... 16 30. CONFORMANCE ........................................................................................................................ 16 31. DISPUTES ................................................................................................................................. 16 32. DUPLICATE PAYMENT ............................................................................................................... 16 33. ETHICS/CONFLICTS OF INTEREST ............................................................................................... 17 34. GOVERNING LAW AND VENUE .................................................................................................. 17 35. INDEMNIFICATION .................................................................................................................... 17 36. INDEPENDENT CAPACITY OF THE GRANTEE ............................................................................... 17 37. INDUSTRIAL INSURANCE COVERAGE ......................................................................................... 17 38. LAWS ....................................................................................................................................... 17 39. LICENSING, ACCREDITATION AND REGISTRATION ...................................................................... 18 40. LIMITATION OF AUTHORITY ...................................................................................................... 18 41. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................... 18 42. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION ................................................. 18 43. PUBLICITY ................................................................................................................................. 18
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44. RECAPTURE DISINCENTIVE ........................................................................................................ 19 45. RECORDS MAINTENANCE OUTPUT ............................................................................................ 21 46. REGISTRATION WITH DEPARTMENT OF REVENUE ...................................................................... 19 47. RIGHT OF INSPECTION .............................................................................................................. 19 48. SAVINGS ................................................................................................................................... 19 49. SEVERABILITY ........................................................................................................................... 19 50. SUBGRANTING ......................................................................................................................... 21 51. SURVIVAL ................................................................................................................................. 20 52. TAXES ....................................................................................................................................... 20 53. TERMINATION FOR CAUSE / SUSPENSION DISINCENTIVE ........................................................... 20 54. TERMINATION FOR CONVENIENCE ............................................................................................ 20 55. TERMINATION PROCEDURES ..................................................................................................... 21 56. WAIVER .................................................................................................................................... 21 ATTACHMENT I FEDERAL COMPLIANCE & STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES ... 22 ATTACHMENT II – EPA ADMINISTRATIVE AND PROGRAMMATIC CONDITIONS .................................. 33 ATTACHMENT III SCOPE OF WORK .................................................................................................... 42
Resolution No. ______ Exhibit A
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Grant Number: NXXXXX
Washington State Department of Health (DOH)
1. Grantee 2. Grantee Doing Business As (optional)
Name Mailing address City, State, Zip Code
3. Grantee Representative 4. Department of Health Representative
(Name) (Title)
(Phone number) (Email address)
Eloise Rudolph PO Box 47822 Olympia, WA 98504-7822
360-236-3124 [email protected]
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
Federal: State: Other: FFATA Form Required: Yes No Date of Execution August 31, 2016
9. Federal Funds (as applicable)
Federal Agency
Environmental Protection Agency
CFDA Number
66.468
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
14. Grant Purpose
The outcome of this performance-based agreement is to ____________________________, as referenced in Attachment III - Project Scope of Work.
DOH, defined as the Department of Health or its successor agency, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions, Attachment I - Federal Compliance and Standard Federal Certifications and Assurances, Attachment II - EPA Administrative and Programmatic Conditions, and Attachment III – Project Scope of Work
FOR THE GRANTEE FOR THE DEPARTMENT OF HEALTH Authorized Signature Print Name Title Date NOTE: THE GRANTEE’S SIGNATURE IS ALSO REQUIRED ON ATTACHMENT III, FEDERAL COMPLIANCE & STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES (see pages 25 & 28)
Department of Health Contracting Officer Signature Print Name Date
“Approved as to Form: Sandra Adix, Assistant Attorney General, March 25, 2014”
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GRANT TERMS AND CONDITIONS THIS GRANT entered into by and between Washington State Department of Health (hereinafter referred to as DOH), and ____________________ (hereinafter referred to as the Grantee), WITNESSES THAT:
WHEREAS, under chapter 70.119A RCW, DOH and its Secretary are authorized to administer drinking water programs and, under RCW, 70.119A.070 to enter into contracts to carry out the chapter’s purposes; and
WHEREAS, DOH has awarded the Grantee a Small Water System Consolidation and Restructuring Technical Assistance grant; and
WHEREAS the Grantee will be a sub-recipient of funds provided by the United States Environmental Protection Agency, CFDA Number 66.468, Title: Safe Drinking Water State Revolving Fund Federal Grant Award.
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant.
The Representative for DOH and their contact information are identified on the Face Sheet of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant.
2. COMPENSATION
DOH shall pay an amount not to exceed $_______________ for the costs necessary for or incidental to the performance of work as set forth in the Attachment III: Project Scope of Work.
3. PURPOSE
DOH and the Grantee have entered into this Grant to undertake a local project that furthers the goals and objectives of the Drinking Water State Revolving Fund Loan Program. The project will be undertaken by the Grantee and will include the activities described in Attachment III - Project Scope of Work. The project must be undertaken in accordance with all applicable federal, state and local laws and ordinances.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The Grantee is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. DOH is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law.
5. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT INPUTS
The Grantee may be reimbursed, at the rate set forth elsewhere in this Grant, for the Project expenditures in the following cost categories:
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A. Consolidation and Restructuring costs identified in Attachment III: Project Scope of Work. 6. BILLING PROCEDURES AND PAYMENT INPUT
DOH shall reimburse the Grantee for eligible project expenditures up to the maximum payable under this Grant. When requesting reimbursement for costs incurred or expenditures made, the Grantee shall submit a signed and completed Invoice Voucher, referencing the Attachment III: Project Scope of Work activity performed, and any appropriate documentation. The Invoice Voucher must be certified by a representative of the Grantee with authority to bind the Grantee.
Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. DOH will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, DOH shall promptly remit a warrant to the Grantee.
The final Invoice Voucher payment shall not occur prior to the completion of all project activities as identified in Attachment III: Project Scope of Work. DOH will retain a sum not to exceed ten percent (10%) of the grant amount until all project activities are complete and a Report is submitted by the Grantee, per Section 7.
The Grantee shall submit all Invoice Vouchers and any required documentation to:
Office of Drinking Water Department of Health PO Box 47822 Olympia, WA 98504-7822
DOH will pay the Grantee upon acceptance of reports documenting work on the project and receipt of properly completed invoices, which shall be submitted to DOH not more often than monthly.
Payment shall be considered timely if made by DOH within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee.
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by DOH.
Duplication of Billed Costs: The Grantee shall not bill DOH for work performed under this Grant, and DOH shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including other grants, for such work.
Disallowed Costs: The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its sub- grantees.
7. CERTIFIED COMPLETION REPORT AND FINAL PAYMENT
The Grantee will submit the Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the grant amount including the ten percent (10%) retainage, as described in Section 6. DOH shall not make the final Invoice Voucher payment prior to the Grantee’s completion of all project activities identified in Attachment III: Project Scope of Work and DOH's receipt and acceptance of the Completion Report.
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8. REPORTS
The Grantee shall furnish DOH with Project Status Reports when submitting Invoice Vouchers (as described in Section 6), Quarterly Progress Reports at the end of each quarter, a Report at project completion (as described in Section 7), and other reports as DOH may reasonably require. Grantee’s failure to file required reports may result in termination of this Grant.
9. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give DOH thirty (30) calendar days advance notice of any insurance cancellation or modification.
The Grantee shall submit to DOH within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the Grantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the Grantor as beneficiary.
B. The Grantee shall provide, at DOH’s request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that DOH will be provided thirty (30) days advance written notice of cancellation.
Grantees and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from DOH, the Grantee may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from DOH, the Grantee shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
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Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting. Grantee’s participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured.
Grantee shall provide annually to DOH a summary of coverages and a letter of self insurance, evidencing continued coverage under Grantee’s self-insured/liability pool or self-insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement.
10. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order:
• Applicable federal and state of Washington statutes and regulations, including but not limited
to federal law as set forth in the Federal Compliance and Standard Federal Certifications and
Assurances, Attachment I.
• General Terms and Conditions
• Attachment III – Project Scope of Work
• Disadvantaged Business Enterprise Requirements
11. SUSPENSION OF PERFORMANCE AND RESUMPTION OF PERFORMANCE
In the event Grant funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, DOH may give notice to Grantee to suspend performance as an alternative to termination. DOH may elect to give written notice to Grantee to suspend performance when DOH determines that there is a reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this contract. Notice may include notice by facsimile or email to Grantee’s representative. Grantee shall suspend performance on the date stated in the written notice to suspend. During the period of suspension of performance each party may inform the other of any conditions that may reasonably affect the potential for resumption of performance.
When DOH determines that the funding insufficiency is resolved, DOH may give Grantee written notice to resume performance and a proposed date to resume performance. Upon receipt of written notice to resume performance, Grantee will give written notice to DOH as to whether it can resume performance, and, if so, the date upon which it agrees to resume performance. If Grantee gives notice to DOH that it cannot resume performance, the parties agree that the Grant will be terminated retroactive to the original date of termination. If the date Grantee gives notice it can resume performance is not acceptable to DOH, the parties agree to discuss an alternative acceptable date. If an alternative date is not acceptable to DOH, the parties agree that the Grant will be terminated retroactive to the original date of termination.
12. TERMINATION FOR FRAUD OR MISREPRESENTATION DISINCENTIVE
In the event the Grantee commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this Grant, DOH reserves the right to terminate or amend this Grant accordingly, including the right to recapture all funds disbursed to the Grantee under the Grant.
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13. DEFINITIONS A. “Allowable Cost” shall mean an expenditure which meets the test of the Uniform Guidance (2CFR
200) (see “I. Federal Compliance”). The most significant factors affecting allowability of cost are; 1) they must be necessary and reasonable, 2) they must be allocable, 3) they must be authorized or not prohibited under state or local laws and regulations, and 4) they must be adequately documented. For more specifics see Selected Items of Cost 2 CFR 200.420).
B. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf.
C. “Contract” is for the purpose of obtaining goods and services for the non-Federal entity's own use and creates a procurement relationship with the Contractor. See §200.22 Contract. Characteristics indicative of a procurement relationship between the non-Federal entity and a Contractor are when the non-Federal entity receiving the Federal funds:
1. Provides the goods and services within normal business operations;
2. Provides similar goods or services to many different purchasers;
3. Normally operates in a competitive environment;
4. Provides goods or services that are ancillary to the operation of the Federal program; and
5. Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons.
D. “DOH” shall mean the Department of Health or its successor agency.
E. “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee.
F. “Noncompliance” shall mean if a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or pass-through entity may impose additional conditions, as described in §200.207 Specific conditions. If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or pass-through entity may take one or more of the following actions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or pass-through entity.
2. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
3. Wholly or partly suspend or terminate the Federal award.
4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency).
5. Withhold further Federal awards for the project or program.
6. Take other remedies that may be legally available.
G. “Risk Assessment” shall mean (2 CFR 200.331(b)) DOH is required to evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as:
1. The subrecipient's prior experience with the same or similar subawards;
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2. The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar subaward has been audited as a major program;
3. Whether the subrecipient has new personnel or new or substantially changed systems; and
4. The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency).
H. “Specific Conditions”
1. The Federal awarding agency or pass-through entity may impose additional specific award conditions as needed, in accordance with (2 CFR 200.207) paragraphs (b) and (c) of this section, under the following circumstances:
a. Based on the criteria set forth in §200.205 Federal awarding agency review of risk posed by applicants;
b. When an applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award;
c. When an applicant or recipient fails to meet expected performance goals as described in §200.210 Information contained in a Federal award; or
d. When an applicant or recipient is not otherwise responsible.
2. These additional Federal award conditions may include items such as the following:
a. Requiring payments as reimbursements rather than advance payments;
b. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;
c. Requiring additional, more detailed financial reports;
d. Requiring additional project monitoring;
e. Requiring the non-Federal entity to obtain technical or management assistance; or
f. Establishing additional prior approvals.
3. The Federal awarding agency or pass-through entity must notify the applicant or non-Federal entity as to:
a. The nature of the additional requirements;
b. The reason why the additional requirements are being imposed;
c. The nature of the action needed to remove the additional requirement, if applicable;
d. The time allowed for completing the actions if applicable, and
e. The method for requesting reconsideration of the additional requirements imposed.
4. Any specific conditions must be promptly removed once the conditions that prompted them have been corrected.
5. “Start Date” and “Date of Execution” shall mean the later date of signature by the authorized representative of both parties.
6. “State” shall mean the state of Washington.
7. “Subgrantee” shall mean one not an employee of the Grantee, who is performing all or part of the work under this Grant under a separate contract or grant with the Grantee. The terms
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“subgrantee” includes any contractor or subcontractor retained by the Grantee to perform work on the project in any tier. Unless an express agreement is entered into between DOH and a subgrantee, no contractual relationship is established between DOH and a subgrantee of the Grantee. The Grantee is required to ensure compliance by any subgrantee with those applicable terms and conditions stated herein.
8. “Subrecipient” shall mean a non-Federal entity that received a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. (2 CFR 200.93)
9. Characteristics which support the classification of the non-Federal entity as a subrecipient include when the non-Federal entity:
1. Determines who is eligible to receive what Federal assistance;
2. Has its performance measured in relation to whether objectives of a Federal program were met;
3. Has responsibility for programmatic decision making;
4. Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and
5. In accordance with its contract, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of a pass-through entity.
14. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by DOH.
15. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto.
16. ALLOWABLE COST Allowable Cost shall mean an expenditure which meets the test of the Uniform Guidance (2 CFR 200)
(see “III. Federal Compliance”). The most significant factors affecting allowability of cost are; 1) they must be necessary and reasonable, 2) they must be allocable, 3) they must be authorized or not prohibited under state or local laws and regulations, and 4) they must be adequately documented. For more specifics see Selected Items of Cost 2 CFR 200.420)
17. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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18. APPROVAL
This Grant shall be subject to the written approval of DOH’s Authorized Representative and shall not be binding until so approved. The Grant may be altered, amended, or waived only by a written amendment executed by both parties.
19. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of DOH.
20. ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
21. AUDIT
A. General Requirements
The Grantee will procure audit services based on the following guidelines.
The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any Subgrantees also maintain auditable records.
The Grantee is responsible for any audit exceptions incurred by its own organization or that of its Subgrantees.
DOH reserves the right to recover from the Grantee all disallowed costs resulting from an audit.
As applicable, Grantees required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Grantee must respond to DOH requests for information or corrective action concerning audit issues within thirty (30) days of the date of request.
22. COMPETITIVE BID REQUIREMENTS
Pursuant to 40 CFR, Section 33.501(b) and (c), the Grantee also agrees to create and maintain a bidders list for both Disadvantaged Business Enterprises (DBE) and Non-Disadvantaged Business Enterprises (non-DBE). The purpose of a bidders list is to provide the recipient and entities receiving identified grants who conduct competitive bidding with as accurate a database as possible about the universe of DBE and non-DBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts, or bid or quote subcontracts on Environmental Protection Agency assisted projects, including both DBE and non-DBE. The bidders list must be kept at least until the grant project period has expired and the recipient is no longer receiving Environmental Protection Agency funding under the grant. For grantees receiving identified grants, the bidders list must only be kept until the project period for the identified grant has ended. The following information must be obtained from all prime and subgrantees: entity's name with point of contact; entity's mailing address, telephone number, and e-mail address; the procurement on which the entity bid or quoted, and when; and entity's status as a DBE or non-DBE.
The Grantee agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged Business Enterprise subcontractors.
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The Grantee shall require Disadvantaged Business Enterprise provisions are contained in all contracts with any subcontractors for work or services related to the declared SCOPE OF WORK.
23. CONTRACTS A contract is for the purpose of obtaining goods and services for the non-Federal entity's own use and
creates a procurement relationship with the contractor. See §200.22 Contract. Characteristics indicative of a procurement relationship between the non-Federal entity and a contractor are when the non-Federal entity receiving the Federal funds:
(1) Provides the goods and services within normal business operations; (2) Provides similar goods or services to many different purchasers; (3) Normally operates in a competitive environment; (4) Provides goods or services that are ancillary to the operation of the Federal program; and (5) Is not subject to compliance requirements of the Federal program as a result of the
agreement, though similar requirements may apply for other reasons.
24. NONCOMPLIANCE Noncompliance. If a non-Federal entity fails to comply with Federal statutes, regulations or the terms
and conditions of a Federal award, the Federal awarding agency or pass-through entity may impose additional conditions, as described in §200.207 Specific conditions. If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or pass-through entity may take one or more of the following actions, as appropriate in the circumstances:
(a) Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or pass-through entity.
(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance.
(c) Wholly or partly suspend or terminate the Federal award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
Federal awarding agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency).
(e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available.
25. RISK ASSESSMENT “Risk Assessment” shall mean (2 CFR 200.331(b)) DOH is required to evaluate each sub-recipient's
risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the sub-award for purposes of determining the appropriate sub-recipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as:
A. The sub-recipient's prior experience with the same or similar sub-awards; B. The results of previous audits including whether or not the sub-recipient receives a Single
Audit in accordance with Subpart F—Audit Requirements of this part, and the extent to which the same or similar sub-award has been audited as a major program;
C. Whether the sub-recipient has new personnel or new or substantially changed systems; and D. The extent and results of Federal awarding agency monitoring (e.g., if the sub-recipient also
receives Federal awards directly from a Federal awarding agency). 26. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR)
By signing this Contract, the Grantee accepts the requirements stated in 48 CFR 52.204-7 to register with the Central Contractor Registration (CCR) database at the System for Awards Management (SAM) website. To register in SAM, a valid Data Universal Numbering System (DUNS) Number is required. The Grantee is responsible for the accuracy and completeness of the data within the SAM database and for any liability resulting from the Government's reliance on inaccurate or incomplete data. The Grantee must remain registered in the SAM database after the initial registration. The Grantee is required to review and update on an annual basis from the date of initial registration or subsequent
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updates its information in SAM to ensure it is current, accurate and complete. The Grantee shall provide evidence documenting registration and renewal of SAM registration to the Board.
In the event of the Grantee’s noncompliance or refusal to comply with the requirement stated above, the DOH reserves the right to suspend payment until the Contractor cures this noncompliance.
27. SPECIAL CONDITIONS “Specific Conditions”
(a) The Federal awarding agency or pass-through entity may impose additional specific award conditions as needed, in accordance with paragraphs (b) and (c) of this section, under the following circumstances: (1) Based on the criteria set forth in §200.205 Federal awarding agency review of risk
posed by applicants; (2) When an applicant or recipient has a history of failure to comply with the general or
specific terms and conditions of a Federal award; (3) When an applicant or recipient fails to meet expected performance goals as described
in §200.210 Information contained in a Federal award; or (4) When an applicant or recipient is not otherwise responsible.
(b) These additional Federal award conditions may include items such as the following:
(1) Requiring payments as reimbursements rather than advance payments; (2) Withholding authority to proceed to the next phase until receipt of evidence of
acceptable performance within a given period of performance; (3) Requiring additional, more detailed financial reports; (4) Requiring additional project monitoring; (5) Requiring the non-Federal entity to obtain technical or management assistance; or (6) Establishing additional prior approvals.
(c) The Federal awarding agency or pass-through entity must notify the applicant or non-
Federal entity as to: (1) The nature of the additional requirements; (2) The reason why the additional requirements are being imposed; (3) The nature of the action needed to remove the additional requirement, if applicable; (4) The time allowed for completing the actions if applicable, and (5) The method for requesting reconsideration of the additional requirements imposed.
(d) Any specific conditions must be promptly removed once the conditions that prompted them have been corrected.
28. SUBRECIPIENT “Subrecipient” means a non-Federal entity that receives a subaward from a pass-through entity to
carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. (2 CFR 200.93)
Characteristics which support the classification of the non-Federal entity as a subrecipient include
when the non-Federal entity: (1) Determines who is eligible to receive what Federal assistance; (2) Has its performance measured in relation to whether objectives of a Federal program
were met; (3) Has responsibility for programmatic decision making; (4) Is responsible for adherence to applicable Federal program requirements specified in
the Federal award; and (5) In accordance with its agreement, uses the Federal funds to carry out a program for a
public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity.
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29. FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA)
The Federal Funding Accountability and Transparency Act of 2006 (FFATA) requires DOH to report subawards of $25,000 or more. If marked on the Face Sheet, this grant is supported by federal funds that require compliance with the Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act). The purpose of the Transparency Act is to make information available online so the public can see how federal funds are spent.
If this applies, information about Grantee’s organization and this grant will be made available on www.USASpending.gov by DOH as required by P.L. 109-282. DOH’s form, Federal Funding Accountability and Transparency Act Data Collection Form is considered part of this grant and must be completed and returned along with the grant document.
30. CONFORMANCE
If any provision of this Grant violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law.
31. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with DOH’s Office of Drinking Water Director, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Grantee's name, address, and Grant number; and • be mailed to the Director and the other party’s (respondent’s) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within five (5)] working days.
The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
Nothing in this Grant shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
32. DUPLICATE PAYMENT
The Grantee certifies that work to be performed under this Grant does not duplicate any work to be charged against any other Grant, subgrant, or other source.
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33. ETHICS/CONFLICTS OF INTEREST
In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest.
34. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
35. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, DOH, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Grantee’s performance or failure to perform the Grant. The Grantee’s obligation to indemnify, defend, and hold harmless includes any claim by the Grantee’s agents, employees, representatives, or any Subgrantee or its agents, employees, or representatives.
The Grantee’s obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers.
Subgrants shall include a comprehensive indemnification clause holding harmless the Grantee, DOH, the state of Washington, its officers, employees and authorized agents.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. The Grantee shall require this same waiver of its immunity from any Subgrantee.
36. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The Grantee and its employees or agents performing under this Grant are not employees or agents of the state of Washington or DOH. The Grantee will not hold itself out as or claim to be an officer or employee of DOH or of the state of Washington by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Grantee.
37. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, DOH may collect from the Grantee the full amount payable to the Industrial Insurance Accident Fund. DOH may deduct the amount owed by the Grantee to the accident fund from the amount payable to the Grantee by DOH under this Grant, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Grantee.
38. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to:
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (11).
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B. Boards of directors or officers of non-profit corporations – Liability - Limitations, RCW 4.24.264.
C. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW.
D. Discrimination-human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women’s business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
39. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant.
40. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant.
41. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee’s non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the Grantee may be declared ineligible for further Grants with the state. The Grantee shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.
42. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Grant shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Grant provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs.
43. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of Washington or DOH’s name is mentioned, or language used from which the connection with the state of Washington’s or DOH’s name may reasonably be inferred or implied, without the prior written consent of DOH.
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44. RECAPTURE DISINCENTIVE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, DOH reserves the right to recapture funds in an amount to compensate DOH for the noncompliance in addition to any other remedies available at law or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by DOH. In the alternative, DOH may recapture such funds from payments due under this Grant.
45. RECORDS MAINTENANCE OUTPUT
The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. Grantee shall retain such records for a period of six years following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved.
46. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of Revenue.
47. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee’s performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by DOH, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose.
48. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, DOH may terminate the Grant under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions.
49. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable.
50. SUBGRANTING
The Grantee may only subgrant work contemplated under this Grant, if it obtains the prior written approval of DOH.
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If DOH approves subgranting, the Grantee shall maintain written procedures related to subgranting, as well as copies of all subgrants and records related to subgrants. For cause, DOH in writing may: (a) require the Grantee to amend its subgranting procedures as they relate to this Grant; (b) prohibit the Grantee from subgranting with a particular person or entity; or (c) require the Grantee to rescind or amend a subgrant.
Every subgrant shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is responsible to DOH if the Subgrantee fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal conditions of this Grant. In no event shall the existence of a subgrant operate to release or reduce the liability of the Grantee to DOH for any breach in the performance of the Grantee’s duties.
Every subgrant shall include a term that DOH and the State of Washington are not liable for claims or damages arising from a Subgrantee’s performance of the subgrant.
51. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive.
52. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee’s income or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole responsibility of the Grantee.
53. TERMINATION FOR CAUSE / SUSPENSION DISINCENTIVE
In event DOH determines that the Grantee failed to comply with any term or condition of this Grant, DOH may terminate the Grant in whole or in part upon written notice to the Grantee. Such termination shall be deemed “for cause.” Termination shall take effect on the date specified in the notice.
In the alternative, DOH upon written notice may allow the Grantee a specific period of time in which to correct the non-compliance. During the corrective-action time period, DOH may suspend further payment to the Grantee in whole or in part, or may restrict the Grantee’s right to perform duties under this Grant. Failure by the Grantee to take timely corrective action shall allow DOH to terminate the Grant upon written notice to the Grantee.
“Termination for Cause” shall be deemed a “Termination for Convenience” when DOH determines that the Grantee did not fail to comply with the terms of the Grant or when DOH determines the failure was not caused by the Grantee’s actions or negligence.
If the Grant is terminated for cause, the Grantee shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original Grant and the replacement Grant, as well as all costs associated with entering into the replacement Grant (i.e., competitive bidding, mailing, advertising, and staff time).
54. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant DOH may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, DOH shall be liable only for payment required under the terms of this Grant for work satisfactorily performed and invoiced s prior to the effective date of termination.
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55. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by DOH, the Grantee shall:
A. Stop work under the Grant on the date, and to the extent specified, in the notice;
B. Place no further orders or subgrants for materials, work, or facilities related to the Grant;
C. Assign to DOH all of the rights, title, and interest of the Grantee under the orders and subgrants so terminated, in which case DOH has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants. Any attempt by the Grantee to settle such claims must have the prior written approval of DOH; and
D. Preserve and transfer any materials, Grant deliverables and/or DOH property in the Grantee’s possession as directed by DOH.
Upon termination of the Grant, DOH shall pay the Grantee for any service provided by the Grantee under the Grant prior to the date of termination. DOH may withhold any amount due as DOH reasonably determines is necessary to protect DOH against potential loss or liability resulting from the termination. DOH shall pay any withheld amount to the Grantee if DOH later determines that loss or liability will not occur.
The rights and remedies of DOH under this section are in addition to any other rights and remedies provided under this Grant or otherwise provided under law.
56. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of DOH.
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FEDERAL COMPLIANCE AND STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES
I. FEDERAL COMPLIANCE - The use of federal funds requires additional compliance and control
mechanisms to be in place. The following represents the majority of compliance elements that may apply to any federal funds provided under this contract. (Refer to Catalog of Domestic Assistance number(s) cited in the “Payment” section of this contract for requirements specific to that fund source.) For clarification regarding any of these elements or details specific to the federal funds in this contract, contact:
Compliance and Internal Control Officer Office of Financial Services Department of Health Post Office Box 47901 Olympia, Washington 98504-7901
1. UNIFORM ADMINISTRATIVE GUIDANCE – The Uniform Administrative Guidance (Supercircular)
became effective December 26, 2014 and combines numerous OMB Circulars into one document. This document establishes requirements which govern expenditure of federal funds. These requirements apply to the Department of Health, as the primary recipient of federal funds, and then follow the funds to the subrecipient. The Uniform Administrative Guidance provides the applicable administrative requirements, cost principles and audit requirements are identified by subrecipient organization type.
COMPLIANCE MATRIX
OMB CIRCULAR ENTITY TYPE ADMINISTRATIVE
REQUIREMENTS COST
PRINCIPLES AUDIT
REQUIREMENTS State. Local and Indian Tribal Governments & Governmental Hospitals
2 CFR 200 Subpart D
2 CFR 200 Subpart E
2 CFR 200 Subpart F
Non-Profit Organizations 2 CFR 200 Subpart D
2 CFR 200 Subpart E
2 CFR 200 Subpart F
Hospitals 2 CFR 200 Subpart D
45 CFR 74 Appendix E
2 CFR 200 Subpart F
Colleges or Universities & Affiliated Hospitals
2 CFR 200 Subpart D
2 CFR 200 Subpart E
2 CFR 200 Subpart F
In the event federal funds are included in this agreement, added by future amendment(s), or redistributed between fund sources resulting in the provision of federal funds, the following sections apply: I. Federal Compliance and II. Standard Federal Assurances and Certifications. In the instance of inclusion of federal funds as a result of an amendment, the Contractor may be designated as a subrecipient and the effective date of the amendment shall also be the date at which these requirements go
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2. CITIZENSHIP/ALIEN VERIFICATION/DETERMINATION - The Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) of 1996 (PL 104-193) states that federal public benefits should be made available only to U.S. citizens and qualified aliens. Entities that offer a service defined as a “federal public benefit” must make a citizenship/qualified alien determination/ verification of applicants at the time of application as part of the eligibility criteria. Non-US citizens and unqualified aliens are not eligible to receive the services. PL 104-193 also includes specific reporting requirements. Exemptions from the determination/verification requirement is afforded the following programs offered by the Department of Health: Family Planning, Breast & Cervical Health Program (BCHP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), WIC Farmers Market Program, Immunization Programs, and Ryan White CARE Act programs and other communicable disease treatment and diagnostic programs.
3. CIVIL RIGHTS AND NONDISCRIMINATION - During the performance of this agreement, the
Contractor shall comply with all current and future federal statutes relating to nondiscrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964 (PL 88-352), Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1683 and 1685-1686), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107), the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), and the Americans with Disability Act (42 U.S.C., Section 12101 et seq.).
4. SINGLE AUDIT ACT - A subrecipient (including private, for-profit hospitals and non-profit
institutions) shall adhere to the federal Uniform Administrative Guidance (subpart F) as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards during a given fiscal year shall have a single or program-specific audit for that year in accordance with the provisions of 2 CFR 200 Subpart F
II. STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES - Following are the Assurances,
Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Department of Health.
CERTIFICATIONS
1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals:
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A. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;
B. have not within a 3-year period preceding this contract been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
C. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
D. have not within a 3-year period preceding this contract had one or more public transactions
(Federal, State, or local) terminated for cause or default.
Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. The contractor agrees by signing this contract that it will include, without modification, the clause titled Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion--Lower Tier Covered Transactions in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. 2. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76 by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
B. Establishing an ongoing drug-free awareness program to inform employees about
i. The dangers of drug abuse in the workplace;
ii. The contractor’s policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
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iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (a) above;
D. Notifying the employee in the statement required by paragraph (a), above, that, as a condition of
employment under the contract, the employee will—
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
E. Notifying the agency in writing within ten calendar days after receiving notice under paragraph
(d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
F. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph
(d) (ii), with respect to any employee who is so convicted—
i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
G. Making a good faith effort to continue to maintain a drug-free workplace through implementation
of paragraphs (A), (B), (C), (D), (E), and (F).
For purposes of paragraph (e) regarding agency notification of criminal drug convictions, DOH has designated the following central point for receipt of such notices:
Compliance and Internal Control Officer Office of Grants Management WA State Department of Health PO Box 47905 Olympia, WA 98504-7905
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3. CERTIFICATION REGARDING LOBBYING
Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non-Federal (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form-LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.)
C. The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA)
The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded.
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5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE
Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children’s services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children’s services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children’s services and that all subrecipients shall certify accordingly. The Public Health Services strongly encourages all recipients to provide a smoke-free workplace and promote the non-use of tobacco products. This is consistent with the PHS mission to protect and advance the physical and mental health of the American people.
6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS INSTRUCTIONS FOR CERTIFICATION
By signing and submitting this proposal, the prospective contractor is providing the certification set out below.
A. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
B. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default.
C. The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its
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certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
D. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations.
E. The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DOH.
F. The prospective contractor further agrees by submitting this contract that it will include the clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction, provided by HHS, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
G. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (of excluded parties).
H. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
I. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, DOH may terminate this transaction for cause or default.
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7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS
A. The prospective contractor certifies to the best of its knowledge and belief, that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
ii. Have not within a three-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
iv. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default.
B. Where the prospective contractor is unable to certify to any of the statements in this certification,
such prospective contractor shall attach an explanation to this contract.
CONTRACTOR’S SIGNATURE IS REQUIRED
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
Please also print or type name:
ORGANIZATION NAME: (if applicable)
DATE
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FEDERAL ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE
SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the contractor, I certify that the contractor:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the
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Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which pr discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 a nd 527 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 e t seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7), the Copeland Act (40 U.S.C. 276c a nd 18 U.S the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), regarding labor standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 e t s e q.); (f) conformity of Fe de ra l a ctions to S ta te (Cle a r Air) Imple me nta tion
Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 e t s e q.); (g) prote ction of unde rground sources of drinking water under the
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Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1721 e t s eq.) related to protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 e t s e q.) pe rta ining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 e t seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non-Profit Organizations.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program.
CONTRACTOR’S SIGNATURE IS REQUIRED
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
Please also print or type name:
ORGANIZATION NAME: (if applicable)
DATE
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Administrative Conditions 1. Hotel-Motel Fire Safety Act Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 2. Recycled Paper INSTITUTIONS OF HIGHER EDUCATION HOSPITALS AND NON-PROFIT ORGANIZATIONS: In accordance with 40 CFR 30.16, the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. STATE AGENCIES AND POLITICAL SUBDIVISIONS: In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION AND NON-PROFIT ORGANIZATIONS: In accordance with 40 CFR 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. STATE TRIBAL AND LOCAL GOVERNMENT RECIPIENTS: In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 3. Lobbying ALL RECIPIENTS: The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. PART 30 RECIPIENTS: All contracts awarded by a recipient shall contain, when applicable, the anti-lobbying provision as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit
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organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. 4. Lobbying and Litigation ALL RECIPIENTS: The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 5. Suspension and Debarment Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled “Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons).” Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled “Covered Transactions,” includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.gov. This term and condition supersedes EPA Form 5700-49, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters.” 6. Drug-Free Workplace Certification for all EPA Recipients The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 2 CFR Part 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at http://ecfr.gpoaccess.gov. 7. Management Fees Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term “management fees or similar charges” refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 8. Reimbursement Limitation If the recipient expends more than the amount of federal funding in its EPA approved budget in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse the recipient for costs incurred in excess of the EPA approved budget. 9. Trafficking in Persons
a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees
may not—
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i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either—
A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ as implemented by our Agency at 2 CFR 1532.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity—
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either—
i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ as implemented by our agency at 2 CFR 1532
c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term: 1. ‘‘Employee’’ means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.
10. Trafficking Victim Protection Act of 2000 (TVPA) as Amended. To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an
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organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and subrecipients’ employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or subawards under the award. 11. DUNS and CCR Requirements (Updated 8/1/12) A. Requirement for Central Contractor Registration (CCR)/System for Award Management (SAM). Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions. For purposes of this award term:
1. Central Contractor Registration (CCR)/System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the System forAward Management (SAM) Internet site http://www.sam.gov.
2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform).
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.
4. Subaward:
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a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. --.210 of the attachment to OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract.
5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward.
12. Subawards a. The recipient agrees to:
(1) Establish all subaward agreements in writing; (2) Maintain primary responsibility for ensuring successful completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a subrecipient); (3) Ensure that any subawards comply with the standards in Section 210(a)-(d) of OMB Circular A-133 and are not used to acquire commercial goods or services for the recipient; (4) Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; (5) Ensure that any subawards to 501(c)(4) organizations do not involve lobbying activities; (6) Monitor the performance of their recipients and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; (7) Obtain EPA’s consent before making a subaward to a foreign or international organization, or a subaward to be performed in a foreign country; and (8) Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable.
b. Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed to the recipient’s EPA Project Officer. Additional information regarding subawards may be found at http://www.epa.gov/ogd/guide/subaward-policy-part-2.pdf. Guidance for distinguishing between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of OMB Circular A-133 can be found at http://www.epa.gov/ogd/guide/subawards-appendix-b.pdf and http://www.whitehouse.gov/sites/default/files/omb/assets/a133/a133_revised_2007.pdf. c. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward competitions. 13. Civil Rights Obligations GENERAL This term and condition incorporates by reference the signed assurance provided by the recipient’s authorized representative on: 1) EPA Form 4700-4, “Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance”; and 2) Standard Form 424B or Standard Form 424D, as applicable. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. STATUTORY REQUIREMENTS In carrying out this agreement, the recipient must comply with:
Resolution No. ______ Exhibit A
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• Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance.
• Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and
• The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving Federal financial assistance.
If the recipient is conducting an education program under this agreement, it must also comply with:
• Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance.
If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with:
• Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities.
REGULATORY REQUIREMENTS The recipient agrees to comply with all applicable EPA civil rights regulations, including:
• For Title IX obligations, 40 C.F.R. Part 5; and • For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7. • As noted on the EPA Form 4700-4 signed by the recipient’s authorized representative, these
regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices of non-discrimination.
TITLE VI – LEP, Public Participation and Affirmative Compliance Obligation
• As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2004_register&docid=fr25jn04-79.pd
• If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR’s Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at http://edocket.access.gpo.gov/2006/pdf/06-2691.pdf.
• In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations.
14. Disadvantaged Business Enterprise Requirements General Compliance, 40 CFR, Part 33
Resolution No. ______ Exhibit A
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The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. 15. Payment to Consultants EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.36(j), as applicable, for additional information. As of January 1, 2014, the limit is $602.24 per day $75.28 per hour. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. Programmatic Conditions 1. Electronic and Information Technology Accessibility Recipients and subrecipients are subject to the program accessibility provisions of Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7, which includes an obligation to provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology (“EIT”). In compliance with Section 504, EIT systems or products funded by this award must be designed to meet the diverse needs of users (e.g., U.S. public, recipient personnel) without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. At this time, the EPA will consider a recipient’s websites, interactive tools, and other EIT as being in compliance with Section 504 if such technologies meet standards established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194. While Section 508 does not apply directly to grant recipients, we encourage recipients to follow either the 508 guidelines or other comparable guidelines that concern accessibility to EIT for individuals with disabilities. Recipients may wish to consult the latest Section 508 guidelines issued by the US Access Board or W3C’s Web Content Accessibility Guidelines (WCAG) 2.0 (see http://www.access-board.gov/sec508/guide/index.htm). 2. Competency of Organizations Generating and/or Using Environmental Measurement Data In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements, recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at http://www.epa.gov/fem/lab_comp.htm or a copy may also be requested by contacting the EPA Project Officer for this award. Federal Assistance Agreement Funds Up To $200,000 Recipient agrees that if the total federal funding obligated on this award exceeds $200,000 (resulting from subsequent amendments to this agreement) and will involve the use or generation of environmental data
Resolution No. ______ Exhibit A
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it will (unless it has otherwise done so) demonstrate competency prior to carrying out any activities involving the generation or use of environmental data under this agreement. Federal Assistance Agreement Funds Exceed or Expect to Exceed $200,000 Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable. Recipient agrees to submit documentation and demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. R10 Quality Assurance Team Contact: Don Matheny, Quality Assurance Manager, at (206) 553-2599 or email: [email protected]. 3. Sufficient Progress DOH may terminate the assistance agreement for failure of the sub-recipient to make sufficient progress so as to reasonably ensure completion of the project within the project period, including any extensions. DOH will measure sufficient progress by examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availability of funds necessary to complete the project. 4. Recognition of EPA Funding Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: “This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement 99083913 to Washington Department of Health. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.” 5. Copyrighted Material In accordance with 40 CFR 31.34 for State, local and Indian Tribal governments or 40 CFR 30.36 for other recipients, EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other Federal employees for official Government purposes; (2) Use by Federal contractors performing specific tasks for the Government; (3) Publication in EPA documents provided the document does not disclose trade secrets (e.g. software codes) and the work is properly attributed to the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in Federal depositories; (5) Use by State, tribal and local governments that carry out delegated Federal environmental programs as “co-regulators” or act as official partners with EPA to carry out a national environmental program within their jurisdiction and; (6) Limited use by other grantees to carry out Federal grants provided the use is consistent with the terms of EPA’s authorization to the other grantee to use the copyrighted works or other data. Under Item 5, the grantee acknowledges that EPA may authorize another grantee(s) to use the copyrighted works or other data developed under this grant as a result of:
a. the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or; b. termination or expiration of this agreement.
In addition, EPA may authorize another grantee to use copyrighted works or other data developed with Agency funds provided under this grant to perform another grant when such use promotes efficient and effective use of Federal grant funds. 6. Program Income If program income is generated, the recipient is required to account for program income related to this project. Program income earned during the project period shall be retained by the recipient and shall be
Resolution No. ______ Exhibit A
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added to funds committed to the project by EPA and the recipient, and shall be used to further eligible project objectives. 7. Minority and Women-Owned Business Enterprise (MBE/WBE) Fair Share Objectives and
Reporting Sub-recipients are held to the same requirements as the recipient of the EPA Grant and must accept the MBE/WBE fair share objectives/goals negotiated with EPA by the Washington Office of Minority and Women’s Business Enterprises as follows: MBE: PURCHASED GOODS 8%, PURCHASED SERVICES 10%, PROFESSIONAL SERVICES 10% WBE: PURCHASED GOODS 4%, PURCHASED SERVICES 4%, PROFESSIONAL SERVICES 4% By accepting this financial assistance the sub-recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as, Washington Office of Minority and Women’s Business Enterprises. Sub-recipients are required to submit MBE/WBE utilization reports annually. Reports will be in the following format and will include all qualifying purchases. Reporting period is from October 1 to September 30, and upon contract completion. Reports are due to DOH 15 calendar days after the end of each reporting period.
1. Procurement Made By (check box)
2. Business Enterprise (check box)
3. $ Value of
Procurement
4. Date of Purchase
MM/DD/YY
5. Type of Product or
Services *
(Enter Code)
6. Name/Address/Phone Number of MBE/WBE Contractor or Vendor
Recipient Subrecipient Prime Minority Women
*Type of product or service codes: 1 = Construction 2 = Supplies 3 = Services 4 = Equipment
Resolution No. ______ Exhibit A
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Attachment III Project Scope of Work & Budget
Item Description Federal Funding
Source #1
Federal Funding
Source #2
1
Subrecipient Name (Exactly as listed in DUNS): www.SAM.gov Click on the web address above and then click on “search records” tab and enter the sub-recipient’s name in the “Quick Search” box, then press enter.
XXXXX Click here to enter text.
2
Subrecipient DUNS Number: www.SAM.gov A 9 digit number that can be found on the web address above.
XXXXX Click here to enter text.
3
Federal Award Identification Number (FAIN): If a FAIN number is not specifically listed, use “Grant Number” listed on the notice of award.
99083913 Click here to enter text.
4
Federal Award Date: Date the federal grant award was issued or the date in the “Date of Award” section on the Federal Notice of Award. (this is not the project or budget period).
11/4/13 Click here to enter text.
5
Start and End Date of the DOH contract: Found in the “Period of Performance” section of the contract. (If the start date in the period of performance section is listed as the date of execution (DOE) then refer to the signature page for the date of the last party to sign).
6
Amount of Federal Funds Obligated by this action: Increase or decrease in federal funds for this subaward agreement only.
$ Click here to enter text.
7
Total Amount of Federal Funds Obligated to the subrecipient by DOH for this subaward (per funding source): Total amount of all federal funds given to the subrecipient for each federal funding source identified.
$ Click here to enter text.
8
Total Amount of the Federal Award to DOH: ADDS.net Total of the federal funds awarded to DOH for each federal funding source identified. For total funds awarded to DOH go to the Grants Status Report available by clicking on the ADDS.net link above.
$26,873,750 (Federal $21,499,000 Match 5,374,750)
Click here to enter text.
9
Project description as listed on the FFATA form: This can be found on the FFATA form
10
Name of Federal awarding agency: List both the federal agency and the awarding division (i.e. HHS/Centers for Disease Control and Prevention) Found in the Notice of Award.
US EPA/ DOH-Env Public Health
Click here to enter text.
11
Name of the pass-through entity: For grants awarded directly from the federal government to DOH, list“Washington State Department of Health”. For grants sub-
WA State Dept of Health
Click here to enter text.
Resolution No. ______ Exhibit A
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awarded to DOH by other state agencies, list the agency’s name.
12
Contact information for awarding official – Statement of Work: Name of DOH Program’s Contract Manager(s) or project coordinator (this is not the DOH Contract Specialist).
Eloise Rudolph
Click here to enter text.
13 Contact information for awarding official – General Contact: [email protected] Use the email address listed above.
14
CFDA Number: Catalog of Federal Domestic Assistance (CFDA) – a five digit number (i.e. 55.555) found on the notice of award.
66.468 Click here to enter text.
15
CFDA Name: www.cfda.gov Click on the web address above, then enter the 5-digit CFDA number on the right hand side in the “keyword or program number” box and hit enter or “search”.
Safe Drinking Water State Revolving Fund
Click here to enter text.
16
Is the award Research & Development? Usually “no”. Check the grant application or notice of award to see if the award is for research and development.
Yes ☐ No ☒
Yes ☐ No ☐
17
The limiting indirect cost rate for the Federal award, if any: Usually “N.A.”, however DOH does have a handful of grants which do have this limitation. If there is a limitation, it will be specified in the award document. Check the grant application or notice of award for an approved indirect rate.
N/A Click here to enter text.
18
Certifications and Assurances – all requirements imposed on the subrecipient by the federal awarding agency: The contract boilerplate covers all standard certifications and assurances.
19
Are there any additional requirements imposed by the pass through entity (DOH) to meet its own responsibilities to the awarding agency: If applicable, this is identified by the DOH program staff writing the contract. This can also be found in the “Statement of Work” section of the contract.
Yes ☐ No ☒
Yes ☐ No ☐
20
Indirect Rate: DOH Grant Website Check with entity. If your contract allows indirects, you must use the subrecipient approved indirect rate received by DOH and posted on the DOH Grant website link above. If the entity is using the 10% De Minimis indirect rate, this will be listed in the attached document when you click on the entity’s information.
Yes ☐ No ☒ NA ☐
Yes ☐ No ☐ NA ☐
21
Access to Subgrantee’s accounting records: All subrecipients are required to make their accounting records available and accessible to the awarding agency. You can find this requirement in the “Records Maintenance” section of the contract.
22
Closeout Requirement: (1) submit all final billings within 60 days of the end of the
Resolution No. ______ Exhibit A
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contract (This is required per standard contract language) (2) submit all required program reports and deliverables within 60
days (This is required per standard contract language) (3) dispose of property purchased with subaward funds and
dispose of or return government-furnished property no longer used for subaward related activities (If applicable DOH must be contacted for disposal requirements)
(4) additional DOH program specific contract closeout requirements: (If applicable, see SOW for additional closeout requirements)
Resolution No. ______ Exhibit A
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BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 5A
TITLE
Commission Reports
SUBMITTED FOR: Commission Business
Commission Melissa Collins 8616 Department Contact Extension
Date of Previous Briefing: Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
The Commissioners regularly attend and participate in meetings, seminars, and workshops and
report on their activities.
List Attachments:
None
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BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 6A
TITLE
Governance Planning Calendar
SUBMITTED FOR: Governance Planning
Commission Melissa Collins 8616 Department Contact Extension
Date of Previous Briefing: Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Governance Process, Agenda Planning, GP-4: To accomplish its job products with a governance
style consistent with Board policies, the Board will follow an annual agenda ….
The Planning Calendar is enclosed for Board review.
List Attachments:
Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
February 2, 2016 February 16, 2016
Legislative Update
Carbon Reduction Legislation
Part 22 Licenses for the 900mhz Radio Replacement
East Stanwood Property Purchase
2016 Budget Remapping
Governance Planning Calendar
• Legislative Update
• 4th Quarter 2015 Energy Risk
Management Report
• Water Year Update
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
March 1, 2016 March 14, 2016
• Legislative Update
• Smart Grid Roadmap
• BPA Product Switching Analysis
• Governance Planning Calendar
No Morning Session – Lynnwood Office Ribbon Cutting
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
April 5, 2016 April 19, 2016
• Columbia River Treaty
• Energy Efficiency and Demand Response 2015 Highlights and 2016 Preview
• Customer Service 2015 Review
• AMI
• Governance Planning Calendar
• Monitoring Report:
• 1st Quarter 2016 Financial Monitoring
Report
• 1st Quarter 2016 Energy Risk
Management Report
• 1st Quarter 2016 Water Year Update
• Relocation Fees
• Customer Value Initiative
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
May 10, 2016 May 24, 2016
• 2015 Annual Report Audit Results
• Community Solar
• Energy Efficiency and Demand Response 2015 Highlights and 2016 Preview
• Governance Planning Calendar
• 2017-2023 Load Forecast
• Electric Vehicle Charging Infrastructure Program
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
June 7, 2016 June 21, 2016
• EV and Solar/DG Policy
• Governance Planning Calendar
• Reliability
• Columbia Grid Update
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
July 5, 2016 July 19, 2016
• 2nd
Quarter 2016 Energy Risk Management Report
• 2nd
Quarter 2016 Water Year Update
• Governance Planning Calendar
• Monitoring Report:
2nd
Quarter 2016 Financial Monitoring Report
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
August 9, 2016 August 23, 2016
• APPA Financial Ratios
• Governance Planning Calendar
• Low-Income Assistance Program Update
• 2017 Preliminary Budget Filing and Notice of Public Hearing
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
September 6, 2016 September 20, 2016
• Governance Planning Calendar
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
October 3, 2016 October 18, 2016
• Public Hearing:
Open 2017 Proposed Budget Hearing
• Governance Planning Calendar
• 3rd
Quarter Energy Risk Management Report
• 3rd
Quarter 2016 Water Year Update
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
November 8, 2016 November 22, 2016
• Monitoring Report:
3rd
Quarter 2016 Financial Monitoring Report
• Public Hearing:
Continue 2017 Proposed Budget Hearing (part 1)
• Governance Planning Calendar
• Water Rates and Fees
• Public Hearing:
Continue 2017 Proposed Budget Hearing (part 2)
• Governance Planning Calendar
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Governance Planning Calendar – 2016
**For Planning Purposes Only and Subject to Change at any Time**
December 6, 2016 December 20, 2016
• Proposed 2017-2021 Strategic Plan
• 2016 Audit Summary
• Adopt Regular Commission Meeting Dates for 2017
• Elect Board Officers for 2017
• Draft 2017 Governance Planning Calendar
• Governance Planning Calendar
• 2017 Legislative Plan
• Public Hearing and Action:
Adopt 2017 Budget
Adopt 2017-2021 Strategic Plan
Adopt 2017 Governance Planning Calendar
• Governance Planning Calendar
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**For Planning Purposes Only and Subject to Change at any Time**
2016 Year-at-a-Glance Calendar
January
February
March
April
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
May
June
July
August
M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
September
October
November
December
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
Holiday
Commission Meeting
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BUSINESS OF THE COMMISSION
Meeting Date: February 16, 2016 Agenda Item: 7A
TITLE:
CEO/General Manager Briefing
SUBMITTED FOR: Briefing and Study Session
CEO/General Manager Craig Collar 8473 Department Contact Extension
Date of Previous Briefing: N/A Estimated Expenditure: Presentation Planned
ACTION REQUIRED:
Decision Preparation Incidental Monitoring Report
Policy Discussion (Information)
Policy Decision
Statutory
SUMMARY STATEMENT:
Identify the relevant Board policies and impacts:
Executive Limitations, EL-9, Communications and Support to the Board – the CEO/General
Manager shall...marshal for the board as many...points of view, issues and options as needed for
fully informed Board choices.
List Attachments:
Presentation – Helping Customers with Winter Bills
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Helping Customers with Winter Bills
February 16, 2016
1
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Today’s situation
Bills/Usage all around higher• Temperatures are colder• Shorter days• Heavier and more frequent rain
Changes to billing process • New for us and our customers• Recapping why
2
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High bills in the news…
3
--KHQ (Avista)
--Ellensburg Daily Record (Kittitas County PUD/PSE)
--TDN (Cowlitz PUD)
--Curry Coastal Pilot (Coos Curry Electric Corp.)
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How estimated bills are calculated
4
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Average daily temperature & heating use
0
10
20
30
40
50
60
70
80
September October November December January
Out
side
Tem
pera
ture
(°
F)
Last Year(Sep 2014-Jan 2015)
This Year(Sep 2015-Jan 2016)
Average Daily Temperature
Heating You Pay For
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0
10
20
30
40
50
60
70
80
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Aver
age
Daily
Tem
pera
ture
(F)
Heat
ing
Degr
ee D
ays
Everett, WA, Past 13 Months
HDD Average Daily Temp
Heating degree days• Heating degree days is a
measurement designed to reflect the energy needed to heat a home.
• A heating degree day is the difference between the daily average outdoor temperature and a baseline indoor temperature of 65 degrees.
• The sum of those daily calculations for a month – or a billing period –better captures the impacts of short cold snaps than a monthly average temperature can.
6
Oct-Nov 201523% decrease in average daily temperature but a 130% increase in HDD
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Example: Based on a 1,400 sq. ft. electrically heated home
7
$154
$290
$675
$409
$275
$169 $188
$223
$411
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Past 13 Months – Energy Charges Billed
Estimated Bill Meter Read Bill
0
100
200
300
400
500
600
700
800
0
1000
2000
3000
4000
5000
6000
7000
8000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
HDD
kWh
Past 13 Months – kWh Usage Billed
Estimated Bill Meter Read Bill HDD
total$377
total$701
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What we are hearing….• We moved in four months ago and my bill has gone up
each month.• My bill has doubled…• We completed many home improvements, including
energy efficiency projects and I am not seeing my bills go down.
• How can my family budget for our bill when it changes drastically every month?
• My family member moved out, why didn’t my bill go down?
• It seems like you are guessing at my usage; is that fair?• I want you to go back to billing me every two months.
8
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Help for CustomersWe offer a variety of PUD solutions for our customers:
• If customers are in their home less than a year, we recommend Previous Period Billing.• If customers prefer a more equalized billing, Budget Billing would be a good fit
for them.• If customers are struggling to pay high winter bills, we have Discount and
Assistance programs available.• We have great Energy Efficiency programs to aid with conservation efforts.• If customers are not comfortable with paying the full estimated amount, we
are committed to offering reasonable payment arrangements.
9
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What can customers do to conserve?• Replace incandescent bulbs with LEDs and CFLs• Replace faucet aerators and showerheads with low
flow versions• Check windows and doors for leaks• Check and adjust water heater temperature
settings• Adjust “away time” thermostat settings• Take advantage of PUD heating and weatherization
rebates as well as Snohomish County Weatherization Loans
• Apply for low income and senior discounts and grants available to you
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Page 217/218
About us• Public power-not for profit rates• 60+ years• Dedicated staff and resources• We are committed to working
together to address individual issues • We value our customers and it is
our goal to assist beyond delivering electricity
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Helping Customers with Winter Bills
February 16, 2016
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AT PLACESAGENDA ITEM NO. 07A.02
Today’s situation
Bills/Usage all around higher• Temperatures are colder• Shorter days• Heavier and more frequent rain
Changes to billing process • New for us and our customers• Recapping why
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High bills in the news…
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--KHQ (Avista)
--Ellensburg Daily Record (Kittitas County PUD/PSE)
--TDN (Cowlitz PUD)
--Curry Coastal Pilot (Coos Curry Electric Corp.)
How estimated bills are calculated
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Average daily temperature & heating use
0
10
20
30
40
50
60
70
80
September October November December January
Out
side
Tem
pera
ture
(°
F)
Last Year(Sep 2014-Jan 2015)
This Year(Sep 2015-Jan 2016)
Average Daily Temperature
Heating You Pay For
0
10
20
30
40
50
60
70
80
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Aver
age
Daily
Tem
pera
ture
(F)
Heat
ing
Degr
ee D
ays
Everett, WA, Past 13 Months
HDD Average Daily Temp
Heating Degree Days (HDD)• Heating degree days is a
measurement designed to reflect the energy needed to heat a home.
• A heating degree day is the difference between the daily average outdoor temperature and a baseline indoor temperature of 65 degrees.
• The sum of those daily calculations for a month – or a billing period –better captures the impacts of short cold snaps than a monthly average temperature can.
6
Oct-Nov 201523% decrease in average daily temperature but a 130% increase in HDD
$154
$290
$615
$409
$275
$169 $188
$223
$411
0
100
200
300
400
500
600
700
800
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Past 13 Months – Energy Charges Billed
Estimated Bill Meter Read Bill
Example: Based on a 1,400 sq. ft. electrically heated home
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0
100
200
300
400
500
600
700
800
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec JanHD
D
kWh
Past 13 Months – kWh Usage Billed
Estimated Bill Meter Read Bill HDD
total$377
total$701
What we are hearing….• We moved in four months ago and my bill has gone up
each month.• My bill has doubled…• We completed many home improvements, including
energy efficiency projects and I am not seeing my bills go down.
• How can my family budget for our bill when it changes drastically every month?
• My family member moved out, why didn’t my bill go down?
• It seems like you are guessing at my usage; is that fair?• I want you to go back to billing me every two months.
8
Help for CustomersWe offer a variety of PUD solutions for our customers:
• If customers are in their home less than a year, we recommend Previous Period Billing.
• If customers prefer a more equalized billing, Budget Billing would be a good fit for them.
• If customers are struggling to pay high winter bills, we have Discount and Assistance programs available.
• We have great Energy Efficiency programs to aid with conservation efforts.• If customers are not comfortable with paying the full estimated amount, we
are committed to offering reasonable payment arrangements.
9
What can customers do to conserve?• Replace incandescent bulbs with LEDs and CFLs• Replace faucet aerators and showerheads with low
flow versions• Check windows and doors for leaks• Check and adjust water heater temperature
settings• Adjust “away time” thermostat settings• Take advantage of PUD heating and weatherization
rebates as well as Snohomish County Weatherization Loans
• Apply for low income and senior discounts and grants available to you
10
About us• Public power-not for profit rates• 60+ years• Dedicated staff and resources• We are committed to working
together to address individual issues
• We value our customers and it is our goal to assist beyond delivering electricity
11
How to Contact Us• Customer Service Mon-Fri 8am – 5:30pm
• 425-783-1000• 877-783-1000 (Western Washington
& Outside of Everett)• TTY: 800-833-6384
• Energy Hotline Mon-Fri 8am – 5:30pm• 425-783-1400
• Report an Outage• 425-783-1001
• www.snopud.com
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