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04/26/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosapepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTransF alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener, Chair Land Use Committee Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us City of Port Orchard Council Meeting Agenda April 26, 2022 6:30 p.m. The City Council meeting is held remotely through Zoom. We have provided options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in - person) to hear each other at the same time. Therefore, Remote access only Link: https://us02web.zoom.us/J/83771005204 Zoom Meeting ID: 837 7100 5204 Zoom Call -In: 1 253 215 8782 Guiding Princioles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Approval of a Lease with the Washington State Military Department for the Port Orchard Storage Building (M. Brown) Page 4 D. Adoption of a Resolution Authorizing the Purchase of Twenty -Five Ballistic Helmets via DES Master Contract No. 164712 (M. Brown) Page 16 E. Approval of the April 12, 2022, City Council Meeting Minutes Page 22 5. PRESENTATION A. Visit Kitsap-City of Port Orchard Tourism 6. PUBLIC HEARING 7. EXECUTIVE SESSION Pursuant to RCW 42.30.110, the City Council WILL hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 8. BUSINESS ITEMS A. Approval of a Memorandum of Understanding Regarding In Re: National Prescription Opiate Litigation, Case No. 1:17-MD-2804, United States District Court (Archer) Page 29 B. Adoption of an Ordinance Accepting a Loan from the Drinking Water State Revolving Fund (DWSRF) as Managed by Washington State Department of Health (DOH) for the Well #11 Development, Treatment and Booster Pump Station Project (Dorsey) Page 30 C. Adoption of a Resolution Regarding Code Enforcement Abatement Action at 515 Perry Avenue North (Archer) Page 67 D. Adoption of a Resolution Pertaining to the Citv's Wellness Committee and Implementation Policies and Repealing and Replacing Resolution No. 1799 (Lund) Page 89 E. Adoption of a Resolution Establishing Fee Schedules for the Departments of Community Development and Public Works (Bond) Page 94 F. Adoption of a Resolution Authorizing the City to Apply for 3 Recreation Conservation Office Grants (Bond) Page 153 G. Approval of Road Closures for a Special Event: Mustangs on the Waterfront (Wallace) Page 165 9. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park 10. REPORTS OF COUNCIL COMMITTEES 11. REPORT OF MAYOR 12. REPORT OF DEPARTMENT HEADS 13. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 14. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 15. CITY COUNCIL GOOD OF THE ORDER FS-IF_1II9111:1,;Iu14>,11 COMMITTEE MEETINGS Economic Development and Tourism Utilities Date & Time May 16, 2022; 9:30am — 3rd Monday of each month May 10, 2022; 5:00pm — 2nd Tuesday of each month Location Remote Access ----------------- ----------- Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. April 26, 2022, Meeting Agenda Page 2 of 3 Finance May 17, 2022; 5:00pm — 3rd Tuesday of each month Transportation April 26, 2022; 5:00pm; 4th Tuesday of each month Festival of Chimes & Lights May 16, 2022; 3:30pm — 3rd Monday of each month Land Use May 16, 2022; 4:30pm — 3rd Wednesday of each month Lodging Tax Advisory TBD, 2022 Sewer Advisory May 18, 2022; 6:30pm Outside Agency Committees Varies Remote Access =Access Remote Access Remote Access Remote Access Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. April 26, 2022, Meeting Agenda Page 3 of 3 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Subject: Approval of a Lease with the Washington State Military Department for the Port Orchard Storage Building Back to Agenda Meeting Date: April 26, 2022 Prepared by: Matt Brown Chief of Police Atty Routing No.: N/A Atty Review Date: N/A Summary: This is a lease providing for the continued utilization of the "Butler" Building located directly behind the Port Orchard Armory for the exclusive use of the Port Orchard Police Department. The facility provides significant storage and training space. The Port Orchard Police Department has occupied the facility since 2017. Recommendation: Recommend the council to approve this lease. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to approve the Mayor signing the lease extension with the Washington State Military Department for the continued use of the Port Orchard Storage Building to provide storage and training space to the police department. Fiscal Impact: There is no significant fiscal impact. Yearly increases to the monthly rental payment will be factored into the 2023-2024 budget. April 1, 2022 thru March 31, 2023 $939.00 monthly April 1, 2023 thru March 31, 2024 $967.17 monthly April 1, 2024 thru March 31, 2025 $996.19 monthly Alternatives: Not approve the lease extension and lose the ability to store a significant amount of equipment and vehicles through March 2025. Attachments: MIL#: LX22-008 (Lease agreement between the Washington Military Department and the City of Port Orchard.) Page 4 of 174 MIL#: LX22-008 Back to Agenda State of Washington Military Department Bldg. 36, Camp Murray Tacoma, WA 98430-5013 Attn: Real Property Office Document Title: Lease Lessor: Washington State Military Department Lessee: City of Port Orchard (Police Dept.) FACILITY LEASE This LEASE is made and entered into between Washington State Military Department whose address is Real Property Office, Camp Murray, Building 36, Tacoma, Washington 98430- 5013, for its administrators, successors, and assigns, hereinafter called the Lessor, and City of Port Orchard (Police Dept.) hereinafter called the Lessee. WHEREAS, the Lessor and Lessee deem it to be in the best public interest to enter into this Lease; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein, IT IS MUTUALLY AGREED AS FOLLOWS: PREMISES The Lessor hereby leases to the Lessee the following described Premises: Tax Parcel Number: A portion of 362401-1-014-200 Common Name and Street Address: 1950 Mile Hill Drive, Port Orchard, Washington 98221, ARMORY Legal Description: A portion of said parcel located at 1950 Mile Hill Drive, Port Orchard, Washington 98221, legally described as: beginning in the north quarter corner of Section 36, Township 24 North Range 1 East, Willamette Meridian, thence South 0*12'40" west 87.22 feet to the true point of beginning; thence South 0* 11'54"West 601.71 feet more or less to the north line of Lincoln Avenue; thence North 88*52'55" West 647.65feet more or less to the point of beginning, containing 8.825 acres more or less; subject to all easements and dedications of record. Such real property is located within the real property shown in Attachment A, which is incorporated herein by this reference. The Premises are further restricted to areas described in the section 3, Use, including any exhibit thereto. USE 3. The Lessee shall have use of the 2000 square foot storage building commonly known as the "Butler Building" located directly behind the Port Orchard Armory for exclusive storage of Police Department equipment. Due to security requirements, there will be a 25-foot buffer zone around said building. No other use will be allowed without written authorization from the Lessor. Such authorization will not be unduly delayed. City of Port Orchard Page 1 of 11 LX22-008 Page 5 of 174 Back to Agenda �u i 4. TO HAVE AND TO HOLD the Premises with their appurtenances for the term beginning April 1, 2022 and ending March 31, 2025. This will be a three (3) year lease. The first day of the term is the Commencement Date used for reference to this Lease. CONDITION OF PROPERTY 5. Taking possession of the Property by Lessee constitutes acknowledgment by Lessee that Lessee has had the opportunity to inspect the Property and all of its appurtenances thereto, and agrees that the Property and appurtenances are in good and tenantable condition, in good order and repair, and in safe condition for the conduct of any activities or enterprises to be conducted on the Property pursuant to this Lease. Lessee acknowledges that Lessor has made no representations as to the condition of the Property unless such are expressly set forth in this Lease. RENT 6A. The Lessee shall pay rent to the Lessor for the Premises at the following rate and the rent will be adjusted on an annual basis effective as of the annual anniversary date using the CPI for Washington State. April 1, 2022 thru March 31, 2023 $939.00 Monthly April 1, 2023 thru March 31, 2024 $967.17 Monthly April 1, 2024 thru March 31, 2025 $996.19 Monthly 6B. Payment shall be made payable to the Washington State Treasurer annually by 1 Oth day following the Commencement Date and each anniversary thereafter of the Commencement Date] Rent shall be sent to ---- State of Washington, Military Department Camp Murray, Building 1 Attention: State Finance Department Tacoma, Washington 98430 If applicable, Lessee shall remit to Lessor leasehold excise tax, pursuant to RCW 82.29A, which currently is 12.84% of the rental payment. Leasehold excise tax shall be adjusted if there occurs an adjustment in the rental rate or leasehold excise tax rate. Said tax shall be paid the same time as payment of rent is due. LATE CHARGE 7. If any payment of rent, or any other sum due to the Lessor, is not received by Lessor by the due date, a late charge of one percent (1%) of the rent due and unpaid plus a $25.00 administration fee shall be added to the amount due and the total sum shall become immediately due and payable to Lessor. Each additional rental period that the amount due goes unpaid shall be' subject to a late charge of one percent (1%) of the rent due plus an administration fee of $25.00. Also, there shall be a charge of $25.00 for any check returned uncollectible. City of Port Orchard Page 2 of 11 LX22-008 Page 6 of 174 Back to Agenda MAINTENANCE AND REPAIR 8A. The Lessee shall be liable for and charged for any damage it, or its agents, employees, invitees, and guests cause to the Premises during the term of the Lease. Ordinary wear and tear is not considered damage. The Lessee is responsible for keeping the Premises in as clean or cleaner condition than existed prior to any use. If debris is left on the Premises, Lessee may be charged for cleaning fees. Lessor will invoice the Lessee for the reasonable costs of any repairs of damages for which it is liable and/or cleaning fees, and the Lessee shall pay said invoice within thirty (30) days of receipt. 8B. The Lessor shall maintain the Premises in good repair and condition during the term of this Lease; provided Lessee shall be charged for any repair of damages for which it is liable under 8A. Upon receiving written notice from Lessee of a condition of the property requiring repair, Lessor shall inspect the area and determine if repair is in fact needed, and if needed, Lessor will endeavor to initiate and complete cure or repair such condition within a reasonable time, subject to available funding and priorities as determined in the Lessor's discretion. The Lessor reserves the right at reasonable times to inspect the Premises. ASSIGNMENT/SUBLEASE 9. The Lessee shall not assign this Lease nor sublet the Premises and shall not permit the use of Premises by anyone other than the Lessee, its agents, employees, invitees, and guests or for any use other the use provided in section 3, Use, without the prior written consent of the Lessor, which consent can be withheld for any reason in the Lessor's lawful discretion. FIXTURES 10. During the term of this Lease, the Lessee is not permitted to attach fixtures or erect signs without the prior written approval of the Lessor. Unless otherwise agreed in a written amendment, all fixtures shall be installed and removed upon Lease termination at the Lessee's sole cost and expense. The Lessee shall be liable for the reasonable costs of any such removal including the costs of repair or restoring the Premises from such removal. RENEWAL 11. If Lessee desires to seek renewal of the Lease, it shall provide written notice to Lessor of its intention to seek renewal at least sixty (60) days prior to the expiration date of the Lease by registered or certified mail. The Lessor in its sole discretion will determine whether it desires to enter such a renewal with the Lessee and shall endeavor to notify the Lessee of its willingness to negotiate renewal within thirty days of its receipt of the notice. If Lessor is willing to negotiate a renewal, and if negotiations between the parties have not resulted in a new Lease agreement before the expiration of this Lease, no renewal shall occur, unless the Lessor extends this deadline in writing. City of Port Orchard Page 3 of 11 LX22-008 Page 7 of 174 Back to Agenda TERMINATION, SUSPENSION, AMENDMENT 12A. This Lease maybe terminated by the Lessee on or after the 1st month of its term, and any month thereafter, provided that written notice of such cancellation and termination shall have been given at least ninety (90) days prior to the effective date thereof, in which event rent shall be prorated to the date of termination. 1213. Lessor may indefinitely suspend or terminate this Lease, in its unfettered discretion. Provided, if the Lessor in its discretion determines that an emergency condition exists, the Lessor may suspend or terminate the Lease immediately upon notice to the Lessee or notice posted on the Premises. Upon suspension or termination, the Lessee shall immediately vacate the Premises or by such date as may be provided in the notice. Lessee shall in no way obstruct or interfere with the Lessor's use of the Premises. 12C. This Lease may be amended only by a written mutual agreement of the parties, signed by both parties by a person with authority to sign. Such amendment shall not take effect until made in writing and signed by authorized representatives of the parties. CONDITION AT END OF LEASE TERM 13A. Upon cancellation or termination of this Lease, Lessee agrees to vacate the Premises immediately or by such date as Lessor otherwise provides in writing, and remove at its expense all property it owns, unless otherwise agreed in writing with the Lessor. The Lessee shall pay the costs of any such cleaning plus Lessor's administrative expenses to conduct the cleaning with thirty days of receiving an invoice. 1313. Lessee shall be responsible for all reasonable costs, expenses, and attorneys' fees associated with termination of the Lease, including, but not limited to, those costs, expenses, and attorneys' fees that the Lessor incurs for repair of damage for which Lessee is liable, cleaning for which Lessee is liable, removal of property of the Lessee and any related repair or restoration of the Premises. The costs of cleaning include Lessor's administrative expenses to conduct the cleaning. 13C. In the event Lessee does not remove trade fixtures, personal property and equipment within thirty (30) days following lease expiration or termination, Lessor may at its election (i) require Lessee to remove such property at Lessee's sole expense, and Lessee shall be liable for any damage to the property caused by such removal and the costs of restoration to a condition at least as good as the property was prior to the placement of such property on the Premises, (ii) treat said items as abandoned, retaining said properties as part of the Premises; or (iii) have the items removed and stored at Lessee's expense. Lessee shall reimburse Lessor for any damage caused to the Property by the removal and restoration, whether removal or restoration is by Lessee or Lessor within 30 days receipt of notification by Lessor. HOLDING OVER 14. If Lessee remains in possession of the Premises after the expiration or termination of the Lease term, or any extension thereof, the Lessor in its sole discretion may deem such holdover to be a month -to -month tenancy by providing written notice thereof to the Lessee. In such case, Lessee City of Port Orchard Page 4 of 11 LX22-008 Page 8 of 174 Back to Agenda shall pay 150% of monthly rent provided for in this Lease or such other rent as the parties mutually agree to in writing and all provisions of this Lease shall apply to the month -to -month tenancy, except those pertaining to term and option to renew. Lessor may terminate the month -month tenancy upon thirty (30) days advance written notice. DISASTER 15. In the event the Leased Premises are destroyed or damaged by fire, earthquake or other casualty, or are otherwise affected by a disaster or occurrence, so as to render the Premises totally unfit for occupancy, the Lessor or the Lessee may terminate this Lease. In the event of such termination, Lessee shall be reimbursed for any unearned rent that has been paid, minus any charges that have not been paid. NO GUARANTEES 16. Lessor makes no guarantees, express or implied, representations, promises or statements unless endorsed herein in writing. This Lease shall not be valid and binding upon the State of Washington unless it has been approved by The Adjutant General of the Military Department or his or her designee and approved as to form by the Office of the Attorney General. DISPUTE RESOLUTION 17. In the event that a dispute arises between the parties, and it cannot be resolved through discussion and direct negotiation, either party may require that the matter be mediated, which mediation shall occur within sixty (60) days of the request, if feasible. If mediation fails to produce an agreement or the parties agreed to forgo mediation, the dispute shall be submitted to arbitration under RCW 7.04A. All costs of arbitration shall be equally shared, and each party shall bear its own attorney's fees, if any. HOLD HARMLESS 18. To the fullest extent permitted by law, the Lessee, its successors or assigns expressly agrees to and shall indemnify, defend and hold harmless the Lessor and its agencies, officials, agents, and employees, from and against all claims, actions, costs, damages, or expenses of any nature arising out of or in connection with any acts or activities of Lessee, its employees, agents, guest, or invitees authorized by this Lease. Lessee's obligation to defend includes payment of any costs or attorneys' fees. Lessee's obligation shall not include such claims that may be caused by the sole negligence of the Lessor and its agents and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the Lessor, its agents or employees and (b) the Lessee, its agents, employees, invitees, or guests, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Lessee, its agents, employees, invitees, or guests. The Lessee expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and hold harmless the Lessor and its agents or employees. INSURANCE 19A. Lessee shall, at all times during the term of this Lease and at its sole cost and expense, buy City of ,Port Orchard Page 5 of 11 LX22-008 Page 9 of 174 Back to Agenda and maintain insurance of the types and amounts listed below, and provide proof of insurance prior to the beginning of the Lease period. In the absence of such insurance, this Lease shall be deemed void. Further, Lessee shall promptly notify Lessor of any changes, modifications, or amendments to such policies. Failure to buy and maintain the required insurance may result in the termination of the Lease at the Lessor's discretion. 19B. If applicable, all insurance and surety bonds should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved by the Department's Risk Manager, or the Risk Manager for the State of Washington, before the Lease is accepted. 19C. Lessee shall maintain general liability (CGL) insurance, and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the General Aggregate limit shall be at least twice the "each occurrence" limits. CGL insurance shall have products -completed operations aggregate limit of at least two times the "each occurrence" limits. 19D. CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage). All insurance shall cover liability arising out of Premises, operations, independent contracts, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) and contain separation on insured (cross liability) condition. All policies required under this paragraph shall include and maintain the following provisions and the Lessor shall be provided written notice before cancellation or non -renewal of any insurance referred to therein, in accord with the following specifications: • Lessee shall give the State 45 days' advance notice of cancellation or non -renewal. If cancellation is due to non-payment of premium, the Lessor shall be given ten (10) days advance notice of cancellation. • The Covered Member listed on the attached Evidence of Coverage Document is a member of the Association of Washington Cities Risk Management Services Agency (AWC RMSA), which is a group of cities, towns and other districts that have come together under an interlocal agreement, as permitted under RCW 48.62 to group self -insure. • The Insurance certificate must include Washington Military Department listed as additional insured, Military Lease Number, Readiness Center Location and endorsements. • All insurance provided in compliance with this Lease shall be primary as to any other insurance or self-insurance programs afforded to or maintained by Lessor. • By requiring insurance herein, Lessor does not represent that coverage and limits will be adequate to protect Lessee; and such coverage and limits shall not limit Lessee's liability under the indemnities and reimbursements granted to Lessor in this Lease. City of Port Orchard Page 6 of 11 LX22-008 Page 10 of 174 Back to Agenda HAZARDOUS SUBSTANCES 20. Lessee shall not keep on or about the Premises, for use, disposal, treatment, generation, storage or sale any substances which are hazardous, toxic, harmful or dangerous, and/or which are subject to regulation as hazardous or toxic, dangerous, or as a pollutant by any federal, state, or local law, regulation, statute, or ordinance (collectively referred to herein as "hazardous substances"). Lessee shall be fully liable to the Lessor, and shall, to the extent permitted by law, indemnify, defend and save harmless the Lessor and its officials and employees, with respect to any and all damages, costs, fees (including attorneys' fees and costs), civil and criminal penalties, or clean-up costs assessed against or imposed as a result of Lessee's use, disposal, generation, storage, or sale of hazardous substances or that of Lessee's employees, agents, or invitees. NON-DISCRIMINATION 21. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessees operations, programs or activities conducted on the Leased Premises, because of race, creed, color, national origin, sexual orientation (including gender identity and gender expressions), sex, honorably discharged veteran or military status, status as a mother breastfeeding her child, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, or national origin. The Lessee will comply with the Americans with the Disabilities Act of 1990 (42 U.S.A., 12101-12213) and the Washington State Law against discrimination, chapter 49.60 RCW, as well as the regulations adopted thereunder, and attendant Americans with Disabilities Act Accessibility Guideline (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. PREMISES 22. Lessor and Lessee have conducted a walk-through inspection of the Premises. Lessee accepts the Premises in their present condition and accepts all risk of injury to persons or damage to property resulting from, or arising out of, the condition of the Premises. This acceptance includes knowledge that the Premises may not meet the requirements set forth in the Americans with Disabilities Act (ADA). Lessee agrees to hold Lessor harmless from any liability or claims due to the Lessee's failure to comply with comply with ADA, if the Lessee has a duty to comply the ADA or an ADA requirement arises from the Lessee's use of the Premises. ADDITIONAL LEASE PROVISIONS 23A. Alcoholic beverages and the sale and consumption of alcoholic beverages are prohibited in or on property owned by the Lessor. No smoking shall be allowed on the Premises. 23B. All signs installed on the exterior of the Premises and/or doors and windows of the Premises shall be subject to the prior written approval of the Lessor, which approval can be withheld for any reason in total and unrestricted discretion of the Lessor. 23C. Lessee agrees that areas not specifically authorized for their use under the terms of this Lease are not authorized for the use or entry of Lessee, its employees, agents, guests, and invitees, City of Port Orchard Page 7 of 11 LX22-008 Page 11 of 174 Back to Agenda and that entry into such unauthorized areas may be grounds for termination of this Lease. 23D. Lessee agrees not to use this property for commercial and political activities. Lessor's buildings may not be used for political purposes, nor will they be rented to a political organization or an affiliate thereof except the local government agencies for use as a polling place. Buildings will not be rented to profit -making organizations unless the profits are generated for some public or beneficial use. Profit -making organizations or civic groups may use Lessor's buildings when the primary purpose of the event is a fundraiser in the public interest. The facility will not be used for activities detrimental to the interest of the US Government, the State of Washington, the National Guard or its members. 23E. Lessee acknowledges the Lessee shall be solely responsible for the personal security and protection of its employees, agents, customers, invitees, children, parents participating in Lessee's activities, and spectators or visitors associated with Lessee's activities, including but not limited to personal injury, and property damage, including damage to personal property. Lessee shall be responsible for instituting adequate security measures to accomplish such security and protection. Lessee's obligations encompass the Leased area. Any security devices to be installed at the Premises require the prior written consent of Lessor and shall be in conformance with Lessor's criteria, if any. Lessee agrees to save Lessor, its agents and employees harmless from any and all liability due to any personal injury, or property damage or loss in any way related to Lessee's security measures. 23F. Lessee will be allowed to install, at their sole cost, an enhanced security system to ensure protection of the equipment stored on site. Lessee also agrees at the termination of the lease; Lessee will restore the facility to its original state. CONDEMNATION CLAUSE 24. If all the Premises or such portions of the Premises, as may be required for the reasonable use of the Premises, are taken by eminent domain, this Lease shall automatically terminate as of the date Lessee is required to vacate the Premises and all rentals shall be paid to that date. In case of a taking of a part of the Premises, or a portion not required for the reasonable use of the premises, then the Lease shall continue in full force and effect and the rental shall be equitably reduced based on the proportion by which the floor area of the Premises is reduced, such rent reduction to be effective as of the date possession of such portion is delivered to the condemning authority. Lessor reserves all rights to damages and awards in connection therewith, except Lessee shall have the right to claim any relocation benefits. NOTICES 25. Wherever in this Lease written notices are to be given or made, they will be sent by certified mail to the address listed below unless a different address shall be designated in writing and delivered to the other party. City of Port Orchard Page 8 of 11 LX22-008 Page 12 of 174 Back to Agenda LESSOR: State of Washington, Military Jamila Saidi, Real Property Office Camp Murray, Building 36 Tacoma, WA 98430-5013 j amila. saidi (&mil.wa. gov 253-512-8265 Office LESSEE: City of Port Orchard ATTN, Chief Brown 546 Bay Street, Port Orchard, WA, 98366 Mbrown(a-cityofportorchard.us 360-876-1700 Office 206-284-8510 Fax CAPTIONS The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any paragraph. GOVERNING LAWNENUE This Lease is to be governed by and construed in accordance with the laws of the State of Washington. Venue of any action between parties relating to this Lease will be exclusively in Thurston County, Washington. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. CITY OF PORT ORCHARD STATE OF WASHINGTON MILITARY DEPARTMENT By: (signature) Print Name: Rob Putaansuu Title: Mayor Date: By: (signature) Print Name: Bret Daugherty Title: The Adjutant General Date: BOILERPLATE APPROVED AS TO FORM By: (signature) Print Name: LTC Alexander Straub Title: Judge Advocate General City of Port Orchard Page 9 of 11 LX22-008 Page 13 of 174 Back to Agenda State of ) ss. County of ) On this day of me personally appeared known to be the BOILERPLATE APPROVED AS TO FORM David B. Merchant (signature on file DATE) Assistant Attorney General 20, before to me of the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. State of ss. County of Notary Public in and for the State of Washington, Residing at My commission expires On this day of , 20_, before me personally appeared Bret D. Daugherty to me known to be the Adjutant General of the Washington State Military Department that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. City of Port Orchard Notary Public in and for the State of Washington, Residing at My commission expires Page 10 of 11 LX22-008 Page 14 of 174 Back to Agenda Attachment A f Ai ------------------------ ,,,fill;METAL STORAGE BUILDING j,; J . ; I, g PQRT ORCHARD READINESS CENTER r ORCHARD, WASHINGTON City of Port Orchard Page 11 of 11 LX22-008 Page 15 of 174 Back to Agenda City of Port Orchard 216 , Orchard, Prospect Street Port WA 98366 p 20� (360) 876-4407 • FAX (360) 895-9029 � Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Adoption of a Resolution Authorizing the Purchase of Twentv-five Ballistic Helmets via DES Master Contract No. 164712 Meeting Date: April 26, 2022 Prepared by: Matt Brown Atty Routing No. Atty Review Date Chief of Police 366922-0012 - PD April 21, 2022 Summary: In 2021, the Port Orchard Police Department conducted an examination into various types of safety equipment used in the daily performance of its peace officers. The review revealed that most officers had an approximately 15-year-old City -issued ballistic helmet, a Personal Armor System for Ground Troops (PAGST). However, this helmet was discontinued by the US Armed Forces in the early 2000's for all but a few small units generally not in combat roles. It is likely this is when these helmets were obtained by the department. The helmets are rated for protection by the National Institute of Justice (NIJ) at a Level IIIA, the same as the issued ballistic vests used for daily use. Kevlar protection deteriorates over time and regularly used ballistic helmets can expect a life cycle of 5-10 years. The department keeps this safety equipment in its patrol vehicles where exposure to heat/cold fluctuations, water, and minor impacts can be expected. Additionally, these ballistic helmets have inner harness systems made from leather and nylon. These older systems are not comparable to more modern harness and padding systems that provide increased protection against violent impacts from lethal ammunition. Based upon concerns about possible equipment failures due to their age, the ballistic helmets were pulled from use in late 2021. Staff conducted research and found that the FBI's Ballistic Research Facility facilitated a study that identified some additional safety concerns in helmets that are only certified to the NIJ IIIA standard. As a result of this study, all federal law enforcement agencies implemented helmets that align with the NIJ IIIA standard (US) as well as the VPAM standard (European). This additional standard requires ballistic helmets to have significantly improved back face deformation when impacted with lethal ammunition. Back face deformation in a ballistic helmet describes the amount of travel the helmet moves inward towards the wearer's skull without penetration. The Police Department identified Armor Express as an approved vendor for the desired helmet, along with a corresponding Washington State Department of Enterprise Services DES Master Contract No. 164712. Consistent with the City's Procurement Policies and Procedures, Staff reviewed the procurement process utilized by DES for this contract to confirm the City's procurement requirements were met and obtained necessary documentation from DES and the vendor regarding procurement. On April 215t, 2022, Police Department staff requested a quote from Hurricane Butterfly, the authorized regional dealer for Armor Express, consistent with the DES Master Contract. On April 2151, 2022, Hurricane Butterfly provided a quote of Page 16 of 174 Back to Agenda Staff Report 4D Page 2 of 2 $40,366.33 (plus applicable tax) for a total purchase price of $40,366.33, which is consistent with the DES Master Contract rates. The City's procurement policy requires council approval for purchase prices exceeding $35,000. On April 2111, 2022, the Police Department completed the City's Interlocal Agreement Purchase Checklist for the selected vendor. The department is budgeted for twenty-three (23) commissioned peace officers. The purchase of twenty-five (25) ballistic helmets is recommended to account for helmets that may be damaged by use or other factors. The expected useful life of these helmets, under normal usage, is 5-10 years. Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the purchase of twenty-five (25) ballistic helmets from Hurricane Butterfly through WA DES Master Contract No. 164712 for a total purchase price of $ 40,366.33 (applicable tax included). Relationship to Comprehensive Plan: N/A. Motion for consideration: I move to adopt a Resolution authorizing the purchase of twenty-five (25) ballistic helmets from Hurricane Butterfly through WA DES Master Contract No. 164712 for a total purchase price of 40,366.33 (applicable tax included). Fiscal Impact: Included in the 2021-2022 Biennial Budget by amendment under Ordinance No. 007-22. Alternatives: Not authorize the Resolution and provide further guidance. Attachments: Resolution Interlocal Agreement Checklist Vendor Quote Page 17 of 174 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PURCHASE OF BALLISTIC HELMETS FOR THE POLICE DEPARTMENT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, The Police Department identified the need for ballistic helmets; and WHEREAS, the City has an interlocal agreement Washington State Department of Enterprise (DES) (City Contract No. C057-13) which allows the City to utilize the contracts hosted by DES for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the particular purchase or service, per RCW 39.34.030; and WHEREAS; The Police Department identified Armor Express as an approved vendor for the desired ballistic helmet, awarded via WA DES Master Contract No. 164712; and WHEREAS, Staff reviewed the procurement process utilized by DES for this contract to confirm the procurement requirements were met and obtained necessary documentation from DES and the vendor regarding procurement; and WHEREAS, on April 21", 2022, Police Department staff requested a quote from Hurricane Butterfly, an authorized regional dealer for Armor Express, and on April 21St, 2022, Hurricane Butterfly provided a quote of $40,366.33 (plus applicable tax) for a total purchase price of $40,366.33, and staff verified this is consistent with the DES Contract pricing; and WHEREAS, on April 21St, 2022, the City's Police Department completed the Interlocal Agreement Purchase Checklist for the selected vendor; and WHEREAS, the City Council's authorized the amount of $60,000 in the 2021-2022 Biennial Budget for this purchase; and WHEREAS, the City Council has approved procurement policies which require City Council authorization for purchasing items costing $35,000 or more; and WHEREAS, the Hurricane Butterfly quote attached as Exhibit A is for the purchase of ballistic helmets in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of twenty-five (25) ballistic helmets, from Hurricane Butterfly in the amount of $40,366.33 (applicable tax included). The Mayor or his designee is Page 18 of 174 Back to Agenda Resolution No. Page 2 of 2 authorized to take all actions necessary to effectuate the purchase, consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor, and attested by the City Clerk in authentication of such passage on this 26t" day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 19 of 174 Back to Agenda CITY OF PORT ORCHARD PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: C057-13 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): DES Item Description Ballistic Helmets Do you have an Interlocal agreement signed with the Contract (host) Agency? ® If yes, where is it filed: Clerks Office ❑ If no, get a mutually signed Agreement in place before you continue. State OSP Contract No.#: N/A If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. ❑ If no, complete the remainder of the checklist. Checklist for Re wired Compliance Is the Host agency a public agencyi? ® Yes ❑ No If Yes, what state laws apply to Host Agency: Washington Does the host agency have a requirement ❑ Yes ® No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on the public agency's ❑X Yes ❑ No If Yes, state when and the address, and proof website? of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the ❑x Yes ❑ No If Yes, obtain documentation to support answer Host agency's state procurement laws? from Host Agency. If No, you cannot use the bid. 1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state Page 20 of 174 Back to Agenda Hurricane Butterfly Law Enforcement 16432 N. Midland Boulevard Suite 14 Nampa, ID 83687 Name / Address Port Orchard Police Department Nathan Lynch 546 Bay St. Port Orchard, WA. 98366 Estimate Date Estimate # 4/21/2022 22-0023 Ship To Port Orchard Police Department ATTN: MATT BROWN 546 Bay St. Port Orchard, WA. 98366 P.O. No. Project Description Qty Rate Total VPAM/DOJ ACH-Level IIIA / 17grFSP/16grRCC Frag rated - Mid 12 1,602.65333 19,231.84T Cut - (Wilcox NVG, Rails, Dial Retention, 7 pad) - S/MD BLACK VPAM/DOJ ACH-Level IIIA / 17grFSP/16grRCC Frag rated - Mid 13 1,602.65308 20,834.49T Cut - (Wilcox NVG, Rails, Dial Retention, 7 pad) - L/XL BLACK ETA for helmets: 8+ weeks Shipping Fee per Armor Express 1 300.00 300.00T No Sales Tax - Out of State 0.00% 0.00 Total $40,366.33 Page 21 of 174 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of April 12, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Staff present via remote access: Finance Director Crocker, Police Chief Brown, Community Development Director Bond, Operations Manager Lang, City Attorney Archer, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:00:30) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:00:52) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:01:50) There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 0:02:37) A. Approval of Voucher Nos. 83813 through 83839 and 83842 through 83902 including bank drafts in the amount of $1,563,639.20 and EFT's in the amount of $136,847.15 totaling $1,700,486.35. Page 22 of 174 Back to Agenda Minutes of April 12, 2022 Paee 2 of 7 B. Approval of Payroll Check Nos. 83840 through 83841 including bank drafts and EFT's in the amount of $145,464.01 and Direct Deposits in the amount of $213,446.65 totaling $358,910.66. C. Adoption of a Resolution Declaring a Certain Item as Surplus and Authorizing its Disposition (Resolution No. 034-22) D. Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 (Resolution No. 035-22) E. Adoption of a Resolution Supporting the 2025-2026 Federal Transportation Funding Cycle Application for the SR166/Bay Street Improvement Project (Geiger to Frederick) (Resolution No. 031-22) F. Approval of the March 11, 2022, Council Retreat Minutes G. Approval of the March 22, 2022, City Council Meeting Minutes MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to approve the consent agenda as published. The motion carried. S. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp 0:03:07) A. Continuation of Port Orchard Municipal Code Chapter 5.60 Fireworks Mayor Putaansuu noted this is a continuation of the public hearing opened at the last Council meeting. Sue spoke in favor of banning fireworks in Port Orchard due to being dangerous, causing anxiety in pets, and they are bad for the environment. Randy, Heidi Fenton, Marti Bishop, and Kevin B. spoke in opposition of the ban, mentioning the fireworks industry is committed to making as little trash as possible, reducing carbon footprint, the Council can instead ban certain fireworks and not all fireworks, non -profits depend on the fireworks revenue, public safety, regulating the ban, and continuing family gatherings on the 4tn In response to Anita Rose, Mayor Putaansuu explained this is the time for public testimony only on fireworks, but there is a citizen comment portion near the end of the meeting for any topic. There being no more testimony, Mayor Putaansuu closed the public hearing at 6:48 p.m. Mayor Putaansuu shared the fireworks survey results. Page 23 of 174 Back to Agenda Minutes of April 12, 2022 PaRe3of7 7. EXECUTIVE SESSION The executive session was not held. 8. BUSINESS ITEMS (Time Stamp: 0:24:56) A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 5.60 Fireworks MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an ordinance, amending POMC 5.60 to ban the private sale and use of fireworks within City limits, as presented. Councilmembers Lucarelli, Cucciardi, Clauson, Trenary, Chang spoke against the ban. Councilmember Diener spoke in favor of the ban. The motion failed. Councilmembers Lucarelli, Cucciardi, Clauson, Trenary and Chang voted no. B. Adoption of a Resolution Authorizing Relocation Benefits to the Owners of Kitsap County Tax Parcel No. 4027-023-017-0004 for the Bay Street Pedestrian Pathway Project (Time Stamp: 0:52:28) MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt Resolution No. 033-22, authorizing relocation benefits payments to the owners of Kitsap County Tax Parcel No. 4027-023-017-0004 for the Bay Street Pedestrian Pathway Project, and authorizing the Mayor to execute all necessary documents. The motion carried. (Resolution No. 033-22) C. Adoption of a Resolution Amending Resolution No. 042-20, Exhibit A -Procurement Policies and Procedures (Time Stamp 0:58:42) MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli, to adopt a Resolution amending Resolution No. 042-20, Exhibit A, the City's Procurement Policies and Procedures. The motion carried. (Resolution No. 036-22) D. Approval of Amendment No. 6 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the Design Development and Construction Drawings of the Port Orchard Community Events Center (Time Stamp 1:03:01) Page 24 of 174 Back to Agenda Minutes of April 12, 2022 Page 4 of 7 MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to authorize the Mayor to execute Amendment No. 6 to Contract No. 066-20 with Rice Fergus Miller, Inc. for the South Kitsap Community Event Center Project in an amount of $1,389,500. The motion carried. E. Adoption of a Resolution Approving a Contract with N.L. Olson & Associations, Inc for the Engineering Services for the Demolition and Removal of the Sidney Water Tower Project (Time Stamp 1:08:56) MOTION: By Councilmember Chang, seconded by Councilmember Diener, to adopt Resolution No. 030-22, authorizing the Mayor to execute Contract No. C047-22 with N.L. Olson and Associates, Inc for engineering services for the Demolition and Removal of the Sidney Water Tower Project in an amount not to exceed $34,000.00, and documenting the Professional Services procurement procedures. Councilmember Lucarelli recused herself due to family employment at N.L. Olson and Associates, Inc. The motion carried. F. Approval of an Interagency Agreement with the Washington State Department of Commerce to Adopt a Housing Action Plan (Time Stamp 1:14:22) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor to execute the Washington State Department of Commerce Interagency Agreement with the City of Port Orchard through Growth Management Services for the Housing Action Plan Implementation Grant to adopt a Housing Action Plan in the amount of $75,000. The motion carried. (Agreement No. 056-22) G. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for Additional 2022 Funding Allocation (Time Stamp 1:19:31) MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to adopt a resolution, adopting the Lodging Tax Advisory Committee's recommendation for additional 2022 funding allocation, as presented. The motion carried. (Resolution No. 037-22) Page 25 of 174 Back to Agenda Minutes of April 12, 2022 PaRe5of7 H. Adoption of a Resolution Approving Amendment No. 1 to Contract No. 074-21 with CodePros, LLC for Building Inspection and Plan Review Services (Time Stamp 1:29:40) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt a resolution waiving the city's procurement policies and authorizing the mayor to execute Amendment #1 to Contract 074-21 with CodePros, LLC, raising the total contract amount to $350,000. The motion carried. (Resolution No. 038-22) I. Approval of a Contract with SAFEBuilt Consultants for Building/Fire Code Plan Review and Building Code Inspection Services (Time Stamp 1:33:30) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve a resolution providing a limited procurement policy waiver and authorizing the mayor to execute a contract with SafeBuilt for fire code plan review and building code inspection services as presented. The motion carried. (Contract No. 057-22) J. Memorandum of Understanding Regarding In Re: National Prescription Opiate Litigation, Case No. 1:17-MD-2804, United States District Court (Time Stamp 1:40:34) Council Direction: Add this item to the April 26, 2022, City Council Meeting for consideration and email the Council the Memorandum of Understanding (MOU) and summary for better understanding. K. Approval of a Road Closure for a Special Event: The Unforgotten Run to Tahoma (Time Stamp 1:56:03) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the road closure for the Unforgotten Run event taking place on Saturday, May 28, 2022, as presented, and to waive POMC 5.94.030(4) for this event. The motion carried. 9. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 2:00:56) A. Continued: Veterans Park Discussion was held which included removal of the RV at the sound end of the park, Kitsap County Notice of Intent to Close Encampment, closure of individual tent sites, trash and debris, and what happens when encampments close. Page 26 of 174 Back to Agenda Minutes of April 12, 2022 Page 6 of 7 Council Direction: No direction was given to staff. 10. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 2:07:47) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet April 181". The Finance Committee is scheduled to meet April 191". The Transportation Committee is scheduled to meet April 261". The Festival of Chimes and Lights Committee is scheduled to meet April 181". The Land Use Committee is scheduled to meet April 20t". The Sewer Advisory Committee is scheduled to meet May 18tn 11. REPORT OF MAYOR (Time Stamp: 2:09:13) The Mayor reported on the following: • Community Center survey; • Transportation Improvement Board award for pedestrian improvements by Cedar Heights; • Garbage can wraps; • Marina pump station construction and meeting with Port of Bremerton; • In accordance with Ordinance No. 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions', he approved revised job description for Mechanic; • Inspector Project Manager hiring, • Chambers audio update installation; and • Public Health Board legislation. 12. REPORT OF DEPARTMENT HEADS (Time Stamp 2:29:06) No reports of department heads. 13. CITIZEN COMMENTS (Time Stamp: 2:30:22) Anita Rose spoke to the Kitsap League of Women's Voters roundtable regarding climate change and asked for more bicycle lanes and offered suggestions to make bicyclists safer. Kevin B. suggested Port Orchard become a two-way sanctuary city. 14. GOOD OF THE ORDER (Time Stamp: 2:35:55) Councilmember Rosapepe encouraged people to get the booster shot. He also spoke to the civil discussion Council had during regarding fireworks. In response to Councilmember Clauson, Mayor Putaansuu briefly reported on repairs to City streets. Councilmember Lucarelli spoke about street trees that have recently been planted. Page 27 of 174 Back to Agenda Minutes of April 12, 2022 PaRe7of7 15. ADJOURNMENT The meeting adjourned at 9:11 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 28 of 174 Back to Agenda rk ON Agenda Item No.: Subject: City City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8A Approval of a Memorandum of Meeting Date: Prepared by: Understanding Regarding In Re: National Prescription Opiate Litigation, Case No. Atty Routing No.: 1:17-MD-2804, United States District Court Atty Review Date April 26, 2022 Charlotte Archer City Attorney 366922-0005 — Clerk April 21, 2022 Summary: In 2016 and 2017, a consortium of public agencies across the United States filed legal actions against the manufacturers and distributors of prescription opioids. These plaintiffs alleged that the manufacturers of prescription opioids grossly misrepresented the risks of long-term use of those drugs for persons with chronic pain, and distributors failed to properly monitor suspicious orders of those prescription drugs --all of which contributed to the current opioid epidemic. All litigation was consolidated by order of the Court into a class action; all cities in Washington with a population of over 10,000 were participating members of the class action. During the life of the litigation, the action has splintered. For example, Purdue Pharmaceuticals (one of the defendants) entered bankruptcy, and the claims against that defendant are proceeding through the bankruptcy court. A Plaintiffs' Executive Committee, acting on behalf of the Plaintiffs' class, reached resolution as to claims asserted against manufacturer Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health and McKesson as well as their subsidiaries, affiliates, officers, and directors. Relationship to Comprehensive Plan: N/A Recommendation: Receive briefing on litigation posture and take action, if necessary. Motion for Consideration: Authorize the Mayor to Execute the Memorandum of Understanding in this litigation. Fiscal Impact: Unknown Alternative: N/A Attachment: Privileged litigation materials will be sent by City Attorney. Page 29 of 174 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8B Adoption of an Ordinance Accepting a Loan from the Drinking Water State Revolving Fund (DWSRF) as Managed by Washington State Department of Health (DOH) for the Well #11 Development, Treatment and Booster Pump Station Project Meeting Date: Prepared by: Atty Routing No: Atty Review Date Back to Agenda April 26, 2022 Jacki Brown Utility Manager 366922-0013 — Water April 20, 2022 Summary: On July 27, 2021, the Port Orchard City Council accepted a Pre -Construction loan to begin design of the Well #11 Development, Treatment & Booster Pump Station from the Drinking Water State Revolving Fund (DWSRF), as managed by the Washington State Department of Health, Office of Drinking Water. On February 15, 2022, the City was approved for a loan in the amount of $8,080,000 (Loan Fee included), from the Drinking Water State Revolving Fund (DWSRF) managed by the DOH, for the continuation of the design and the construction of the multi -phased Well No. 11 Development, Treatment and Booster Pump Station Project. Upon the successful submittal of the loan application, the DOH has awarded the City of Port Orchard the following: • DOH Contract • Loan Amount • City Share • Loan Fee • Loan Term • Interest Rate • Payment Month • Effective Date • Project Completion Date • Loan End Date 2021-3982 DWSRF Loan No: DWL27175 $8,080,000 $8,000,000 $80,000 20-years 1.75% October VY Annually 04/26/2022 04/26/2026 10/01/2046 The Well No. 11 Site Improvement Project has been identified as a priority task for the Public Works Department, and acceptance of this loan and execution of the associated contract with DOH is necessary to complete this project. Relationship to Comprehensive Plan: Chapter 7 - Utilities Page 30 of 174 Back to Agenda Staff Report 8B Page 2 of 2 Recommendation: Staff recommends that the City Council adopt Ordinance No. 012-22, thereby approving Contract No. C058-22 with the Washington State Department of Health and accepting a DWSRF Construction Loan in the amount $8,080,000 pursuant to the Terms and Conditions. Motion for Consideration: I move to adopt Ordinance No. 012-22, authorizing the Mayor to execute Contract No. C058-22 with the Washington State Department of Health and accepting a DWSRF Construction Loan in the amount $8,080,000. Fiscal Impact: Construction is scheduled for 2023. This project will be included in the 2023-2024 Biennial Budget. Alternative: Decline this loan offering. Attachment: Ordinance No. 012-22 DOH Contract: 2021-3982 DWSRF Loan No: DWL27175, City Contract No. 058-22 Page 31 of 174 Back to Agenda ORDINANCE NO. 012-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE DRINKING WATER STATE REVOLVING FUND (DWSRF) WELL NO. 11 LOAN (CONTRACT: 2021-3982 DWSRF LOAN NO. DWL27175), AS MANAGED BY THE WASHINGTON STATE DEPARTMENT OF HEALTH (DOH), AND APPROVING CONTRACT NO. C058-22 WITH THE DOH FOR THE WELL NO. 11 DEVELOPMENT, TREATMENT AND BOOSTER PUMP STATION PROJECT; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Well No. 11 Site Improvement Project was identified as a priority task for the Public Works Department; and WHEREAS, on July 27, 2021, the Port Orchard City Council accepted a Pre -Construction loan to begin design of the Well #11 Development, Treatment & Booster Pump Station from the Drinking Water State Revolving Fund (DWSRF), as managed by the Washington State Department of Health, Office of Drinking Water (DOH); and WHEREAS, On February 15, 2022, the City's Public Works Department was approved for a $8,080,000 loan ($80,000 Loan Fee included) from DOH for the continuation of the multi -phased Well No. 11 Development, Treatment and Booster Pump Station Project; and WHEREAS, the City Council has determined it to be in the best interests of the City to accept the loan and enter into Contract No. C058-22 with the DOH for the Well No. 11 Development, Treatment and Booster Pump Station Project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Acceptance and Authorization. The City Council hereby accepts the Loan from the DOH and authorizes the Mayor to execute all documents necessary to effectuate the loan, including but not limited to Contract No. C058-22 with the DOH for the Well No. 11 Development, Treatment and Booster Pump Station Project, and the City agrees to be bound by the terms and conditions thereof. SECTION 2. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Page 32 of 174 Back to Agenda Ordinance No. 012-22 Page 2 of 2 SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 261" day of April 2022. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Councilmember APPROVED AS TO FORM: Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 33 of 174 Port Orchard Contract No. C058-22 Back to Agenda April 11, 2022 City of Port Orchard Jacki Brown, Utility Manager 216 Prospect Street Port Orchard, WA 98366 pu bl icworks@cityofportorchard RE: Loan Contract Number: DWL27175 Dear Jacki Brown; Washington State Department of Heal th Enviru r�iii�nfiil rl"bl" HcuIth 00y"„j D, nkm, 1,0d" Enclosed is the Drinking Water State Revolving Fund Loan Contract Number identified above for your signature. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's Scope of Work as a formal attachment. Failure to return the contracts within 60 calendar days of the date of this letter may result in your loan offer being withdrawn. Review, print and sign the document. Once signatures are obtained, scan and return by email to dohcon.mgmt(a)doh.wa.gov or print and sign a hard copy, and return the originals to us for full execution. Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both state and federal requirements. A non-refundable one -percent loan administration fee will be collected at contract execution (If applicable), including any subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to cover the one -percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please review the terms and conditions of the Loan Contract and all attachments carefully for details. A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your registration in the System for Award Management at www.sam.gov. Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors, subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at www.sam.gov. Failure to provide this required certification may result in termination of your loan contract. After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred within the contract period of performance, and which have supporting documentation such as receipts or bills. We are looking forward to working with you over the course of this project. If you have any questions about this Loan Contract, please contact me. Sincerely, Eloise Rudolph DOH Contract Manager 360.236.3124 Eloise. Rudolph@DOH.Wa.Gov Enclosures: ATTACHMENT I: SCOPE OF WORK (PROJECT) ATTACHMENT II: ATTORNEY'S CERTIFICATION ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Page 34 of 174 Back to Agenda Washington State Department of Health DWSRF Municipal Loan Boilerplate May 2018 Version History Date I Revision(s) Version 05-15-2018 Original - developed via a team of the 1 DWSRF Grant and Loan Unit Supervisor, the DOH Office of Drinking Water Finance Director, the DOH Office of Contracts and Procurement Technical and Policy Advisor, and DOH's Financial Services Assistant Attorney General. Page 35 of 174 Back to Agenda 1. CONTRACT FACE SHEET 2021-3982 Loan Number: DWL27175 Washington State Department of Health (DOH) Drinking Water State Revolving Fund (DWSRF) Municipal 1. Borrower 2. Borrower Doing Business As (optional) City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 3. Borrower Type 4. Borrower's Statutory Authority Construction Loan 5. Borrower Contract Manager Information 6. DOH Contract Manager Eloise Rudolph Jacki Brown 360.876.4991 P.O. Box 47822 360.236.3124 Utility Manager publicworks@cityofportorchard.us Olympia, WA 98504-7822 Eloise. Rudolph DOH.Wa.Gov 7. Project Name Well 11 Development, Treatment and Booster Pump Station 8. Loan 9. Funding Source 10. Start Date 11. End Date Amount: $8,080,000.00 Federal: ® State: ® DOE 10/01/2046 Loan Fee: $80,000.00 Other:® Interest Rate: 1.75% 12. Federal Funding Agency Environmental Protection Agency Catalogue of Federal Assistance (CFDA) Number 66.468 13. Borrower Tax ID # 14. SWV # 15. Borrower UBI # 16. Borrower DUNS # 91-6001487 0265665-00 182-000-005 081932790 17. Contract Purpose DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program. The project will be done by the BORROWER as described in the scope of work and this contract. The rights and obligations of the parties are governed by this contract and the following documents incorporated by reference: General Terms and Conditions including Declarations; Attachment I: Scope of Work (Project); Attachment II Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business Enterprise Requirements; Attachment V: Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VI I: Labor Standard Provisions for Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the terms of this contract. FOR CONTRACTOR FOR DOH SIGNATURE AND DATE SIGNATURE and DATE NAME and TITLE NAME and TITLE APPROVED AS TO FORM ONLY Mark Calkins, AAG Signature on File Page 36 of 174 Back to Agenda 2. TABLE OF CONTENTS 1. CONTRACT FACE SHEET 2. TABLE OF CONTENTS 3. DECLARATIONS 3.1. BORROWER INFORMATION 3.2. PROJECT INFORMATION (PROJECT) 3.3. LOAN INFORMATION 3.4. SPECIAL TERMS AND CONDITIONS 3.5. LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT 4. GENERAL TERMS AND CONDITIONS 4.1. AUTHORITY 4.2. FULL AGREEMENT 4.3. ORDER OF PRECEDENCE 4.4. LOAN AMOUNT 4.5. LOAN FEE 4.6. LOAN TERM 4.7. INTEREST RATE 4.8. LOAN FORGIVENESS 4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION 4.10. TIME OF PERFORMANCE 4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT 4.12. LOAN PAYMENTS 4.13. LOAN DEFAULT 4.14. LOAN SECURITY 4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS 4.16. AMERICAN IRON AND STEEL 4.17. ATTORNEY'S FEES 4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED 4.19. COMPLIANCE 4.20. DISPUTES 4.21. ELIGIBLE PROJECT COSTS 4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM 4.23. FINANCIAL AUDIT 4.24. GOVERNING LAW AND VENUE 4.25. HISTORICAL AND CULTURAL REQUIREMENTS 4.26. INDEMNIFICATION 4.27. INDUSTRIAL INSURANCE REQUIREMENTS 4.28. LITIGATION Page 37 of 174 Back to Agenda 4.29. NONDISCRIMINATION 4.30. PREVAILING WAGE 4.31. PROCUREMENT 4.32. PROHIBITION STATEMENT 4.33. PROJECT SIGNS 4.34. PUBLICITY 4.35. RATES AND RESERVES 4.36. RECAPTURE 4.37. RECORDKEEPING AND ACCESS TO RECORDS 4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) 4.39. SEVERABILITY 4.40. SUBCONTRACTING 4.41. SURVIVAL 4.42. TERMINATION FOR CAUSE 4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE 4.44. TERMINATION PROCEDURES 4.45. WORK HOURS AND SAFETY STANDARDS ATTACHMENT I SCOPE OF WORK (PROJECT) ATTACHMENT II ATTORNEY'S CERTIFICATION ATTACHMENT III FEDERAL AND STATE REQUIREMENTS ATTACHMENT IV DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT VI DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VII LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Page 38 of 174 Back to Agenda 3.1. BORROWER INFORMATION Legal Name: Loan Number: Award Year: State Wide Vendor Number: 3.2. PROJECT INFORMATION 3. DECLARATIONS City of Port Orchard DWL27175 2022 0265665-00 Project Title: Well 11 Development, Treatment and Booster Pump Station Project Location (City or County): Kitsap County Project State: Washington Project Zip Code: 98366 Project Scope of Work (PROJECT): Attachment I, attached hereto and incorporated by reference. 3.3. LOAN INFORMATION Loan Amount: Loan Fee (Included in loan amount if applicable) Principal Loan Forgiveness %: Loan Term: Interest Rate: Payment Month(s): Earliest Date for Construction Reimbursement: Time of Performance: Competitive Bid Process: $8,080,000.00 $80,000.00 0% 20 Years 1.75% October 11t Annually 12 months prior to contract execution 48 months from Contract start date to Project Completion date. Within 18 months from Contract execution 3.4. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT N/A 3.5. LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT Pursuant to RCW 35.51.050, the CONTRACTOR pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is City of Port Orchard. Page 39 of 174 Back to Agenda 4. GENERAL TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) 4.1. AUTHORITY Acting under the authority of Section 1452 of the Safe Drinking Water Act (SDWA) Section 130, RCW 39.34, RCW 43.70.040, and RCW 70.119A.170 the Washington State Department of Health (DOH) has awarded BORROWER a Drinking Water State Revolving Fund Loan (LOAN) for the project identified in the Declarations (PROJECT). Under this CONTRACT, BORROWER is a sub -recipient of funds provided by the United States Environmental Protection Agency (EPA), CFDA Number 66.468, Safe Drinking Water State Revolving Fund. In some CONTRACT attachments, DOH is referred to as "Lender" and BORROWER is referred to as "Contractor." 4.2. FULL AGREEMENT This CONTRACT contains the full agreement of the parties. No other understandings, oral or otherwise, regarding the subject matter of this CONTRACT exists. 4.3. ORDER OF PRECEDENCE In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: The order of precedence for terms and conditions under categories B and C is subject to the proviso that when a contract term or condition appears in more than one contract document, the more specific contract term or condition shall control if the different contract provisions cannot be harmonized. A. Applicable local, state, and federal statutes and regulations B. Contract amendments C. The Contract (in this order) Declarations and Special Terms and Conditions General Terms and Conditions Attachments I — VII 4.4. LOAN AMOUNT DOH, using funds from the Drinking Water Assistance Account, will loan BORROWER a sum not to exceed the amount shown as LOAN AMOUNT in the Declarations. The LOAN AMOUNT shall not exceed one hundred percent (100%) of the actual eligible PROJECT costs. 4.5. LOAN FEE If DOH assessed a LOAN FEE, it is shown in the Declarations as LOAN FEE and included in the total LOAN AMOUNT. The fee (if applicable) is one percent (1 %) of the loan request and will not be reduced, regardless of the final LOAN AMOUNT at PROJECT completion. If the LOAN FEE applies and the total LOAN AMOUNT is increased by amendment, DOH will assess an additional LOAN FEE equal to one percent (1 %) of the additional LOAN AMOUNT. LOAN FEES are non-refundable. 4.6. LOAN TERM Unless changed by an amendment, the LOAN TERM will not exceed the period of time shown in the Declarations. The repayment period for DOH subsidized loans is twenty-four (24) years from this CONTRACT's start date. The repayment period for non -DOH subsidized loans is twenty (20) years from this CONTRACT's start date. 4.7. INTEREST RATE The interest rate is stated in the Declarations. Interest is per annum on the outstanding principal balance and starts to accrue from the date DOH releases LOAN FUNDS to BORROWER. If BORROWER completes the PROJECT within twenty-four (24) months of the CONTRACT start date, DOH will reduce the LOAN INTEREST to one percent Page 40 of 174 Back to Agenda (1 %) at PROJECT completion. The reduced interest rate will apply to the remaining payments beginning from the date DOH approves the BORROWER's Project Completion Report. 4.8. LOAN FORGIVENESS If the LOAN qualifies for LOAN Forgiveness, the percent of the LOAN balance that DOH will forgive at PROJECT completion is stated in the Declarations. DOH calculates the amount forgiven when DOH approves the BORROWER's Project Completion Report. The amount forgiven will be based on either the LOAN AMOUNT or BORROWER's ELIGIBLE PROJECT COSTS, whichever is less, and accrued interest. 4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION DOH will release LOAN funds to BORROWER to reimburse BORROWER for eligible PROJECT costs. To request reimbursement, BORROWER must submit a signed and completed invoice using a form provided by DOH. The invoice must reference the PROJECT activity performed, and include supporting documentation such as bills, invoices, receipts, and documentation of compliance with CONTRACT requirements as requested by DOH. The invoice must signed by an official of BORROWER with authority to bind BORROWER. Invoices must also include a report of the progress made since the last invoice, and the PROJECT status to date. DOH will not release funds until the PROJECT status report and documentation are approved by DOH. Approval will not be unreasonably withheld or delayed. After approving the invoice, documentation, and PROJECT status report, DOH will release funds to BORROWER within thirty (30) days, if BORROWER is not in alleged or actual breach of CONTRACT. DOH will withhold ten percent (10%) of LOAN funds until DOH confirms that BORROWER has successfully completed all steps for PROJECT COMPLETION. The 10% holdback will be available to BORROWER as part of the last LOAN disbursement. 4.10. TIME OF PERFORMANCE BORROWER will begin the activities in the PROJECT within thirty (30) calendar days of the CONTRACT start date. BORROWER will issue a `Notice to Proceed', after the formal award of a construction contract, within eighteen (18) months of the CONTRACT start date. BORROWER must reach PROJECT COMPLETION within the TIME OF PERFORMANCE. If there are extenuating circumstances, BORROWER may request, in writing, at least ninety (90) calendar days prior to the PROJECT COMPLETION that DOH extend the deadline for PROJECT COMPLETION. At its discretion, DOH may issue an extension. DOH's decision is final and not subject to the dispute clause. If BORROWER does not meet the requirements of this section, it is a breach of CONTRACT, and DOH may terminate or suspend this CONTRACT. 4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT The PROJECT Completion Amendment determines the final LOAN AMOUNT and LOAN TERM. When activities in the PROJECT are complete, BORROWER will start the process for the PROJECT Completion Amendment by sending DOH the PROJECT Completion Report. In the PROJECT Completion Report., BORROWER will provide the following information to DOH: A. A statement of the actual dollar amount spent, from all fund sources, to complete the PROJECT. B. A statement that all ELIGIBLE PROJECT COSTS have been incurred. Costs are incurred when goods and services are received and/or contracted work is performed. C. Evidence showing BORROWER'S compliance with financial the audit requirements of this CONTRACT. D. An invoice for the remaining ELIGIBLE PROJECT COSTS. E. Documentation of BORROWER's compliance with National Historic Preservation Act, 54 USC Subtitle III. Page 41 of 174 Back to Agenda 4.12. LOAN PAYMENTS BORROWER must begin repaying the LOAN no later than one (1) year after the CONTRACT start date. Payments are due on the first day of the month(s) shown as the PAYMENT MONTH(S) in the Declarations. The first payment is only the interest accrued at that time. All other payments are principal and interest accrued up to the PAYMENT MONTH(S). BORROWER can repay in full the LOAN balance, including fees and repayment of LOAN FUNDS for ineligible project costs (if any), at any time or make accelerated payments without penalty. The final payment must be on or before the end of the LOAN TERM. 4.13. LOAN DEFAULT DOH must receive BORROWER'S payment within thirty (30) calendar days of the due date. Late payments are delinquent and assessed a monthly penalty on the first (1st) day past the due date. The penalty is one percent (1%) of the late payment amount per month. Penalty and fees accrue interest at the rate stated as LOAN INTEREST in the Declarations. DOH may notify any other entity, creditors, or potential creditors of BORROWER's delinquency. BORROWER is responsible for all attorney fees and costs incurred by DOH in any action taken to enforce its rights under this section, including in any alternative dispute resolution proceeding. 4.14. LOAN SECURITY LOAN Security is only required if identified in the Declarations. In its sole discretion and if allowed under the EPA regulations relevant to this Contract, DOH may subordinate its LOAN security to Borrower's obligations under existing or future bonds and notes. Nothing in this section releases BORROWER from the obligation to make LOAN PAYMENTS when due, and to adjust rates, fees, or surcharges as necessary to meet its obligations under this CONTRACT. 4.15. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this CONTRACT supersede, if applicable, those terms as found in the original CONTRACT, and are not binding unless they are in writing and signed by representatives authorized to bind each of the parties. Only the authorized representative or their designee has the express, implied, or apparent authority to alter, amend, assign, modify, or waive any terms of this CONTRACT. Neither this CONTRACT nor any claim arising under it may be transferred or assigned by BORROWER without DOH's prior written consent. During the LOAN TERM, DOH must approve in advance, any change in ownership of the water system(s) improved with LOAN FUNDS. DOH may require the LOAN, including fees and ineligible project costs (if any), be paid in full as a condition of approval. Nothing in this CONTRACT may be waived unless approved by DOH in writing. No waiver of any default or breach is implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Waiver of any default or breach is not a waiver of any subsequent default or breach. 4.16. AMERICAN IRON AND STEEL None of the LOAN funds can be used for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. DOH may waive this requirement if: A. Compliance would be inconsistent with the public interest; or B. The particular iron and steel products are not produced in the United States in sufficient and reasonably available quantities and are not of a satisfactory quality; or Page 42 of 174 Back to Agenda C. Inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than twenty-five (25) percent; and D. The waiver is approved by the Environmental Protection Agency (EPA). BORROWER must submit the waiver request to DOH, which will submit it to EPA. The full text of the American Iron and Steel requirements can be found in H.R. 3547, Consolidated Appropriations Act, 2014, P.L. 113-76, SEC. 436. 4.17. ATTORNEYS' FEES Unless expressly stated under another section of the CONTRACT, each party agrees to bear its own attorneys' fees and costs for litigation or other action brought to enforce the contract terms. 4.18. BONUS AND COMMISSION PAYMENTS NOT ALLOWED Funds provided under this CONTRACT cannot be used to pay any bonus or commission to gain approval of the loan application or any other approval under this CONTRACT. This section does not prohibit paying for bona fide technical consultants, managerial, or other such services, if payment is for ELIGIBLE PROJECT COSTS. 4.19. COMPLIANCE BORROWER will comply with all applicable federal, state and local laws, requirements, and ordinances for the design, implementation, and administration of the PROJECT and this CONTRACT, including but not limited to those stated in the CONTRACT attachments. BORROWER will provide DOH with documentation of compliance, if requested. In the event of BORROWER's alleged or actual noncompliance with any part of this CONTRACT, DOH may suspend all or part of the CONTRACT, withhold payments, or prohibit BORROWER from incurring additional obligations of LOAN FUNDS during the investigation and pending corrective action by BORROWER, or a decision by DOH to terminate the CONTRACT. 4.20. DISPUTES Except as otherwise provided in this CONTRACT, when a dispute arises between the parties that cannot be solved by direct negotiation, either party may request a dispute hearing with the Director of the Office of Drinking Water (the Director), who may designate a neutral person to decide the dispute. The parties will be equally responsible for any reasonable costs and fees incurred by the neutral. The party requesting a dispute hearing must: A. Be in writing; B. State the disputed issues; C. State the relative positions of the parties; D. State BORROWER's name, address, and the CONTRACT number; E. Provide contact information for the requester's representative , and, F. Be mailed to the other party's (respondent's) Contract Manager within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent must send a written answer within five (5) working days. In the alternative, the parties can agree to submit a mutual request to the Director, which should include each party's response to the other party's characterization of the dispute. The Director or designee will 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 on the dispute is non -binding and is not admissible in any succeeding judicial or quasi-judicial proceeding. This non -binding dispute process must precede any action in a judicial or quasi-judicial tribunal. Nothing in this CONTRACT limits the parties from using any mutually acceptable alternate dispute resolution (ADR) method in addition to or instead of the dispute hearing procedure outlined above. Page 43 of 174 Back to Agenda 4.21. ELIGIBLE PROJECT COSTS BORROWER will comply with Attachment VI: DWSRF Eligible Project Costs and is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. The purchase of any land necessary for the PROJECT must be included in the PROJECT and be documented with an appraisal or equivalent market evaluation, if approved by DOH, and a valid purchase and sale agreement. Construction expenses incurred after the date shown as earliest date for construction reimbursement in the Declarations are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until BORROWER has met the following conditions: A. Completed the State Environmental Review Process (SEPA Review under RCW 43.21 C); B. Complied with all provisions of the National Historic Preservation Act, 54 USC Subtitle III; C. Complied with Prevailing Wage requirements; D. Received approval from DOH of the project report and related construction documents for all applicable activities described in the PROJECT; and E. Complied with any other LOAN conditions required by DOH. BORROWER cannot use LOAN FUNDS for any expenses charged by BORROWER against any other contract, subcontract, or source of funds. If DOH reimburses BORROWER for costs that are later determined by DOH to be ineligible, BORROWER must repay these funds to DOH no later than when the BORROWER returns the PROJECT Completion Amendment to DOH. Prior to final completion, DOH may withhold payment for such costs as allowed under Section 4.36 RECAPTURE. Repayment is subject to interest retroactive to the date of the applicable disbursement by DOH. 4.22. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM BORROWER warrants that they have not and will not submit to DOH any information that is materially false, incorrect, or incomplete. Providing false, fictitious, or misleading information with respect to the receipt and disbursements of LOAN funds is a basis for criminal, civil, or administrative fines and/or penalties. DOH may also pursue applicable remedies for violations by BORROWER of this section. 4.23. FINANCIAL AUDIT DOH may require BORROWER to obtain an audit of this PROJECT conforming to Generally Accepted Accounting Principles (GAAP). BORROWER will maintain its records and accounts to facilitate the audit. BORROWER is responsible for correcting any audit findings. BORROWER is responsible for any audit findings incurred by its own organization and/or its subcontractors. DOH reserves the right to recover from BORROWER all disallowed costs and INELEGIBLE PROJECT COSTS resulting from the audit. The audit must include a report on compliance, including an opinion (or disclaimer of opinion) about whether the BORROWER is in compliance with laws, regulations and requirements of this CONTRACT that could have a direct and material effect on DOH. BORROWER must send a copy of any required audit per 2 CFR §200.512 to the DOH Contract Manager, no later than nine (9) months after the end of BORROWER's fiscal year(s). BORROWER must send any audit corrective action plan for audit findings and a copy of the management letter, within three (3) months of the audit report. 4.24. GOVERNING LAW AND VENUE This CONTRACT shall be construed and interpreted according to the laws of the state of Washington, and the venue of any action brought under the CONTRACT will be in the Superior Court for Thurston County. 4.25. HISTORICAL AND CULTURAL REQUIREMENTS BORROWER will not conduct or authorize destructive PROJECT planning activities before completing the requirements of the National Historic Preservation Act, 54 USC Subtitle III. BORROWER will not begin construction Page 44 of 174 Back to Agenda activities, ground disturbance, or excavation of any sort, until BORROWER has complied with all requirements of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during the PROJECT, BORROWER will immediately stop construction and implement reasonable measures to protect the discovery site from further disturbance, take reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe's cultural staff or committee, Tribal Historical Preservation Officer (THPO), DOH Contract Manager, and the State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, BORROWER will report the presence and location of the remains to the local coroner and law enforcement immediately, then contact the concerned tribe's cultural staff or committee, DOH Contract Manager, and DAHP. BORROWER is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural sites and artifacts and will hold harmless the state of Washington and DOH in relation to any claim related to historical or cultural sites discovered, disturbed, or damaged as a result of BORROWER'S and BORROWER's subcontractors activities. BORROWER will include the requirements of this section in all contracts for work or services related to the PROJECT. BORROWER will require that bid documents include an inadvertent discovery plan that meets the requirements of this section. 4.26. INDEMNIFICATION BORROWER agrees to defend, indemnify, and hold harmless DOH and the state of Washington for claims arising out of or incident to BORROWER'S or any BORROWER'S subcontractor's performance or failure to perform the CONTRACT. BORROWER'S obligation to indemnify, defend, and hold harmless DOH and the state of Washington shall not be eliminated or reduced by any actual or alleged concurrent negligence of DOH or its agents, agencies, employees and officials. BORROWER'S obligation to indemnify, defend and hold harmless DOH and the state of Washington includes any claim by BORROWER'S agents, employees, officers, subcontractors or subcontractor employees. BORROWER waives 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. 4.27. INDUSTRIAL INSURANCE COVERAGE BORROWER will comply with the applicable parts of Title 51 RCW, Industrial Insurance. If BORROWER fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as required by law, DOH may collect from BORROWER the full amount payable to the Industrial Insurance Accident Fund. DOH may deduct the amount owed by BORROWER to the accident fund from the amount payable to BORROWER by DOH under this CONTRACT, and transmit the deducted amount to the Washington State Department of Labor and Industries (L&I). 4.28. LITIGATION BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined against BORROWER, would have a materially adverse effect on BORROWER's ability to repay the LOAN. BORROWER agrees to promptly notify DOH if any above -referenced actions become known to BORROWER during the pendency of the Contract. 4.29. NONDISCRIMINATION BORROWER will not discriminate on the basis of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability in the performance of this CONTRACT. BORROWER will comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination and 42 USC 12101 et seq., the Americans with Disabilities Act (ADA), and 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in US EPA Programs . Failure by BORROWER to carry out these requirements is a material breach of this CONTRACT. BORROWER is required to include these non-discriminatory provisions in any contract with a subcontractor. Page 45 of 174 Back to Agenda 4.30. PREVAILING WAGE BORROWER will assure that all contractors and subcontractors performing work funded through this CONTRACT comply with prevailing wage laws by paying the higher of state or federal prevailing wages. BORROWER is legally and financially responsible for compliance with the prevailing wage requirements. BORROWER should consult the United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid. 4.31. PROCUREMENT BORROWER will comply with all procurement requirements for subcontracting for the PROJECT and for obtaining PROJECT -related goods and services. BORROWER must maintain records to verify compliance with procurement requirements. BORROWER must ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT will insert in full, in any contract, the labor standards provisions in Attachment VIII: Labor Standard Provisions for Subrecipients That Are Governmental Entities. 4.32. PROHIBITION STATEMENT Per Section 106 of the federal Trafficking Victims Protection Act, BORROWER 's contractors, subcontractors, engineers, vendors, and any other entity performing work funded by this CONTRACT must comply with and include the following terms and conditions in all contracts for work or services for the PROJECT. "All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance of this award or subawards under the award, or in any manner during the period of time that the award is in effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and subrecipients' employees." 4.33. PROJECT SIGNS If BORROWER displays, during the TIME OF PERFORMANCE, any signs or markers identifying parties that are providing funds for the PROJECT, BORROWER must include the Washington State Department of Health Drinking Water State Revolving Fund and the Washington State Department of Health as participants in the PROJECT. 4.34. PUBLICITY BORROWER agrees to get prior written consent from DOH's Contract Manager before publishing or using any advertising or publicity materials that include Washington State or DOH's name, or includes language that may reasonably infer or imply a connection with either one. 4.35. RATES AND RESERVES BORROWER will maintain reserves at a minimum as required by the Water System Plan or Small Water System Management Plan. BORROWER will timely adopt rate increases and/or capital assessments for the system's services to provide sufficient funds, along with other revenues of the system, to pay all operating expenses and debt repayments during the LOAN TERM. 4.36. RECAPTURE DOH reserves the right to recapture from BORROWER sufficient funds to compensate DOH for BORROWER's noncompliance with any part of this CONTRACT, in addition to any other remedies available under the CONTRACT, at law, or in equity. DOH may withhold LOAN FUNDS from BORROWER to recapture such funds. 4.37. RECORDKEEPING AND ACCESS TO RECORDS DOH, its agents, and authorized officials of the state and federal governments will have full access and the right to examine, copy, excerpt, or transcribe, at no additional cost and at all reasonable times, any pertinent documents, papers, records, and books of BORROWER and of persons, firms, or organizations with which BORROWER may contract, involving transactions related to this CONTRACT. BORROWER agrees to keep complete records of its compliance with this CONTRACT for a period of six (6) years from the date that the debt to DOH is paid in full. This includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the six (6) year period, BORROWER must keep the records until all litigation, claims or audit findings involving the records have been resolved. These records retention requirements are in addition to the local government records Page 46 of 174 Back to Agenda retention schedules applicable to the BORROWER. 4.38. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) BORROWER must comply with 48 CFR 52.204-7 to register with the System for Awards Management (SAM.gov). BORROWER is responsible for the accuracy and completeness of its data in the SAM database and any liability resulting from the Government or DOH reliance on inaccurate or incomplete data in it. BORROWER must remain registered in the SAM database. BORROWER should annually review its information in SAM to ensure it is accurate and complete. 4.39. SEVERABILITY If any part of this CONTRACT or part of any document incorporated by reference is found to be invalid, it will not affect the other parts of this CONTRACT that can be given effect without the invalid part. 4.40. SUBCONTRACTING Prior to awarding contracts and/or subcontracts, BORROWER must verify that the complete names of both the selected contractor and the owner or president are not in the Federal Excluded Parties List System for Ineligible Professionals and Debarred Contractors (www.SAM.gov). BORROWER must provide the DOH Contract Manager with a screen printout documenting that neither the firm, the owner or the president are excluded. BORROWER will ensure that every contract and subcontract awarded for the PROJECT after the CONTRACT start date will bind the parties to follow all applicable terms of this CONTRACT. BORROWER is responsible to DOH for noncompliance by its contractors and/or subcontractors. BORROWER's contracts or subcontracts do not release or reduce the BORROWER's liability to DOH for any breach in the performance of BORROWER's duties. BORROWER's contracts and subcontracts must include a term that the state of Washington and DOH are not liable for claims or damages arising from a contractor and/or subcontractor's performance or lack thereof. 4.41. SURVIVAL The CONTRACT's terms, conditions, and warranties that by its sense and context are intended to survive the completion of the performance, cancellation or termination of this CONTRACT, shall so survive. 4.42. TERMINATION FOR CAUSE If DOH concludes that BORROWER has failed to comply with the CONTRACT requirements or has otherwise breached one or more parts of the CONTRACT, DOH may, at its discretion, upon notice to BORROWER, terminate or suspend the CONTRACT and/or its attached agreements in whole or in part. The notice will be in writing and state the reason(s) for termination or suspension, and the effective date. The effective date will be determined by DOH. The notice will allow BORROWER at least thirty (30) business days to cure the breach, if curable. If the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the LOAN, with any interest accrued and other costs as authorized by the CONTRACT shall be due and payable to DOH. If DOH terminates this CONTRACT under this section, DOH is liable only for payment required under the terms of this CONTRACT for ELIGIBLE PROJECT COSTS incurred prior to the effective date of termination. At DOH's discretion, the termination for cause may be deemed a termination for convenience if DOH determines that the default or failure to perform was outside BORROWER's control, fault or negligence. The rights and remedies of DOH provided in this CONTRACT are not exclusive and are in addition to any other rights and remedies provided by law. Nothing in this section affects BORROWER's obligations to immediately repay the unpaid balance of the LOAN as prescribed in the Washington Administrative Code (WAC) 246-296-150. 4.43. TERMINATION OR SUSPENSION FOR CONVENIENCE If funding or appropriation from state, federal, or other sources is withdrawn, reduced, or limited in any way during the TIME OF PERFORMANCE, DOH may: Page 47 of 174 Back to Agenda A. Delay or suspend releasing LOAN FUNDS until funding or appropriation are available to DOH; or B. Amend the CONTRACT to reflect the new funding limitations and conditions; or C. Terminate the CONTRACT and/or its attached agreements, in whole or in part; or D. Suspend the CONTRACT and/or its attached agreements, in whole or in part. If DOH terminates the CONTRACT and/or its attached agreements in whole or in part, under this section, DOH will notify BORROWER's representative in writing of the reason(s) for termination, and the effective date. The effective date will be determined by DOH. DOH may choose to suspend this CONTRACT and/or its attached agreements in whole or in part, if DOH determines that the funding insufficiency will likely be resolved in time for BORROWER to resume activities prior to the end of the TIME OF PERFORMANCE. DOH will notify BORROWER's representative by facsimile or email of the reason(s) for suspension, and the effective date. DOH will determine the effective date. BORROWER must suspend performance on the effective date of the suspension. During the period of suspension each party must notify the other party's representative of any conditions that may reasonably affect its ability to resume performance. During the suspension, when DOH determines that the funding insufficiency is resolved, DOH may notify BORROWER's representative of the proposed date to resume performance. BORROWER must respond to DOH's representative in writing, within five (5) business days of DOH sending notice, as to whether it can resume performance on that date or offer an alternative date to resume performance. If BORROWER cannot resume performance or the alternative date is not acceptable to DOH, the parties agree the CONTRACT will be deemed terminated for convenience, retroactive to the original date of suspension. If DOH terminates or suspends this CONTRACT, DOH is liable only for payment required under the terms of this CONTRACT for eligible project costs incurred prior to the effective date of suspension or termination. Nothing in this section shall affect Contractor's obligations to repay the unpaid balance of the LOAN. Nothing in this section affects BORROWER's obligation to repay the LOAN, including fees and other expenses as allowed by the CONTRACT. 4.44. TERMINATION PROCEDURES When BORROWER receives Notice of Termination or on the date a suspension is converted to a termination, except as otherwise directed by DOH, BORROWER will: A. Stop work under the CONTRACT on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the CONTRACT; C. If expressly requested by DOH, assign to DOH any or all of the rights, title, and interest of BORROWER under the orders and subcontracts 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 subcontracts. Any attempt by BORROWER to settle such claims must have the prior written approval of DOH; and D. Preserve and transfer any materials, CONTRACT deliverables and/or DOH property in BORROWER's possession as directed by DOH. Upon termination of this CONTRACT, DOH will pay BORROWER for amounts due under the CONTRACT prior to the date of termination unless such payment is precluded under any other provision of this CONTRACT. 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 will pay any withheld amount to BORROWER if DOH later determines that loss or liability will not occur. 4.45. WORK HOURS AND SAFETY STANDARDS If this CONTRACT exceeds $100,000, BORROWER must comply with the applicable Contract Work Hours and Safety Standards Act (40 USC Chapter 37). These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Page 48 of 174 Back to Agenda ATTACHMENT I: SCOPE OF WORK (PROJECT) DWSRF PROGRAM LOAN CONTRACT INFORMATION 2021-3982 City of Port Orchard Well 11 Development, Treatment and Booster Pump Station DWSRF Scope of Work Form: Scope of Work: This project is a continuation of the DWSRF Preconstruction Loan #2021-3946. 1. Equipping of the existing Well #11, a deep aquifer well to provide approximately 1,250 gpm. This well is located on the existing McCormick well site near the McCormick Woods Golf Course. Costs include (but are not limited to): pump, valves, electrical, source meter, controls, well house, telemetry, fencing, connection to water system, generator, decommissioning of Sources S01 & S02, water quality testing, pump test of the well, and all applicable appurtenances. 2. Design and construction of treatment of the well water for chlorination and potential fluoridation, pending community vote. Cost to include: treatment units, piping, controls, telemetry, electrical, connection to existing system, and other appurtenances. 3. Design and construction of treatment of the well water, if needed, to ensure compliance with all drinking water quality standards. Cost to include: engineering design and review, treatment units, piping, controls, telemetry, electrical, connection to existing system, backwash water disposal, and other applicable appurtenances. 4. Construction of new booster pump station. The pump station will be a CMU or prefabricated building located at the existing Well 11 site with the necessary mechanical and electrical support systems. The new booster pump station to include 2 booster pumps to provide approximately 1,250 gpm. Costs include: pumps, controls, electrical, telemetry, traffic control, building, piping, HVAC system, access road, drainage, surface restoration, emergency generator, demolition, fencing, grading, access road, sewer line for building waste and backwash water, site parking and other appurtenances. 5. Rehabilitate the two existing 60,000-gallon concrete tanks including: site grading, site piping, controls, and telemetry. In addition to costs of construction, costs may include (but are not limited to): engineering, design, construction inspection, hydrogeologic assessment, cultural and environmental review, permits, public involvement, preparation of bid documents, fees, taxes, legal, administrative, access road improvements, stormwater management, security, lighting, landscaping, and audit. Page 49 of 174 Back to Agenda 2021-3982 City of Port Orchard Well 11 Development, Treatment and Booster Pump Station DWSRF Scope of Work Form: COST CATEGORY Engineering Report (Preliminary Engineering) Environmental Review Historical Review/Cultural Review Land/ROW Acquisition CURRENT ESTIMATES $183,313.00 $14,918.00 $6,416.00 $62,040.00 Permits Public Involvement/Information Bid Documents (Design Engineering) $4,336.00 $357,710.00 Construction: Estimated Cost. Provide details on following pages. $6,701,000.00 DOH Review/Approval Fees Contingency: (10% min, 20% max) $670,267.00 Sales or Use Taxes Construction Engineering/Inspection Insurance Audit Legal Service Meters (Purchase and Installation) Other TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $8,000,000.00 WSRF Loan Origination Fee (1 %) $80,000.00 DWSRF Loan Award $8,080,000.00 2021-3982 City of Port Orchard Well 11 Development, Treatment and Booster Pump Station DWSRF Scope of Work Form: TYPE OF FUNDING ISOURCE Grants and Other Non -Matching Funds Grant #1 I CURRENT STATUS $ Grant #2 $ Other Grants $ New Grants $ Total Grants and Other Non -Matching Funds a) $ Loans IN Page 50 of 174 Back to Agenda TYPE OF FUNDING SOURCE CURRENT STATUS This Loan Request DWSRF loan $8,080,000.00 Other Loan #1 $ Other Loan #2 $ Other Loans $ New Loans $ Total Loans b) $ Local Revenue Source #1 Reserves $0.00 Source #2 $ Other Local Revenue $ New Local Revenue $ Total Local Revenue C 0.00 ther Funds Other Funds $0.00 Other Funds $ Total Other Funds d) $ TOTAL PROJECT LOAN e 8 080 000.00 Page 51 of 174 Back to Agenda 2021-3982 City of Port Orchard Well 11 Development, Treatment and Booster Pump Station Engineer's Certification: The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated here: years. I, , licensed engineer, certify that the average expected useful life for the improvements described above is _ years. Signed: Name: Date: Telephone: Professional Engineer License Number: Page 52 of 174 Back to Agenda ATTACHMENT II: ATTORNEY'S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) I, , hereby certify: I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of BORROWER identified in the Declarations of the Contract identified above; and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the state of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in its application. 2. BORROWER is empowered to accept the Drinking Water State Revolving Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above - described public facilities project or to enjoin BORROWER from repaying the Drinking Water State Revolving Fund loan extended by DOH with respect to such project. BORROWER is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to BORROWER. Signature of Attorney Name and BAR Number (WSBA No.) Address Date Page 53 of 174 Back to Agenda ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS (NOT ALL INCLUSIVE) 1) Environmental and Cultural Authorities a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended b) Clean Air Act, Public Law 84-159 as amended c) Coastal Zone Management Act, Public Law 92-583 as amended d) Endangered Species Act, Public Law 93-205 as amended e) Environmental Justice, Executive Order 12898 f) Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 g) Protection of Wetlands, Executive Order 11990 h) Farmland Protection Policy Act, Public Law 97-98 i) Fish and Wildlife Coordination Act, Public Law 85-624 as amended j) National Historic Preservation Act, 54 USC Subtitle III k) Safe Drinking Water Act, Public Law 93-523 as amended 1) Wild and Scenic Rivers Act, Public Law 90-542 as amended m) Washington State Environmental Policy Act, Chapter 43.21 C RCW n) Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits. 2) Economic and Miscellaneous Authorities a) Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive Order 12372 b) Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants, or Loans c) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended d) Debarment and Suspension, Executive Order 12549 e) H.R. 3547, Consolidated Appropriations Act, 2014. 3) Social Policy Authorities a) Age Discrimination Act of 1975, Public Law 94-135 b) Title VI of the Civil Rights Act of 1964, Public Law 88-352 c) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water Act) d) Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250) e) Equal Employment Opportunity, Executive Order 11246 f) Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean Water Act) g) Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100- 590 h) Chapter 49.60 RCW, Washington's Law against Discrimination, and 42 USC 12101 et seq. the Americans with Disabilities Act (ADA). i) The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable. j) The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 USC s. 2000ff et seq. 4) State Laws a) Chapter 36.70A RCW, Growth Management Act b) Chapter 39.80 RCW, Contracts for Architectural and Engineering Services c) Chapter 39.12 RCW, Washington State Public Works Act d) Chapter 43.20 RCW, State Department of Health of Health e) Chapter 43.70 RCW, Department of Health f) Chapter 43.155 RCW, Public Works Project g) Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977 h) Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations i) Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances j) Chapter 246-290 WAC, Group A Public Water Systems Page 54 of 174 Back to Agenda k) Chapter 246-291 WAC, Group B Public Water Systems 1) Chapter 246-292 WAC, Waterworks Operator Certification Regulations m) Chapter 246-293 WAC, Water Systems Coordination Act n) Chapter 246-294 WAC, Drinking Water Operating Permits o) Chapter 246-295 WAC, Satellite System Management Agencies p) Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program q) Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells r) Title 173 WAC, Department of Ecology Rules s) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted by Reference) Page 55 of 174 Back to Agenda ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS GENERAL COMPLIANCE, 40 CFR, Part 33 BORROWER must comply with the requirements of Environmental Protection Agency's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part 33. BORROWER will use the directory of certified firms available through the Washington State Office of Minority and Women's Business Enterprises to meet the requirements. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D The following are exemptions from the fair share objective Requirements: • Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. • Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. • Recipients of Technical Assistance Grants. The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office of Minority Women Business are stated below. Construction 10% MBE 6% WBE Supplies 8% MBE 4% WBE Equipment 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE BORROWER must accept the fair share objectives/goals stated above and purchase the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority Women Business goals. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, BORROWER will make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub - recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include: A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. B. Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. C. Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. E. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Health. F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in paragraphs A through E above. Page 56 of 174 Back to Agenda MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 BORROWER is required to submit MBE/WBE participation reports to DOH, on a quarterly basis, beginning with the Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 BORROWER agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BORROWER agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the PROJECT_ These two (2) forms may be obtained from the EPA Office of Small Business Program's website on the internet at http://www.epa.gov/osbp/grants.htm. BORROWER agrees to require all general contractors to complete and submit to BORROWER and Environmental Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor's MBE/WBE accomplishments. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) BORROWER is also required to create and maintain a bidders list if BORROWER of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Section 33.501(b) of the rule is as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non- MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs. The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: (1) Entity's name with point of contact; (2) Entity's mailing address, telephone number, and e-mail address; (3) The procurement on which the entity bid or quoted, and when; and (4) Entity's status as a MBE/WBE' or non-MBE/WBE. The exemption found at § 33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women's Enterprises at 360-704-1181. Page 57 of 174 Back to Agenda ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS SEPA United States � Environmental Protection Agency United States Environmental Protection Agency Washington, DC 20460 EPA Project Control Number The terms, "covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded", as used in this attachment, are defined in the rules implementing Executive Order 12549, including 13 CFR § 400.109. You may contact DOH for help getting a copy of these regulations. BORROWER, defined as the primary participant and it principals, certifies by signing below that to the best of its knowledge and belief they: 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 three-year (3) period preceding this CONTRACT, been convicted of or had a civil judgment 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 embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses described in this attachment; and, D. Have not within a three-year period (3) preceding the signing of this CONTRACT had one or more public transactions (federal, state, or local) terminated for cause or default. Prior to awarding contracts for the PROJECT, BORROWER must verify that neither the contractor's business name(s) nor the names of its principals are in the Federal Excluded Parties List System for Ineligible Professionals and Debarred Contractors (www.SAM.gov). BORROWER must keep documentation in the PROJECT files and provide a copy to the DOH Contract Manager. BORROWER will include the language below without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: The lower tier contractor certifies, by signing this CONTRACT that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine or imprisonment for up to 5 years, or both. Typed or Printed Name & Title of Authorized Representative Signature of Authorized Representative Date ❑ I am unable to certify to the above statements. My explanation is attached. Page 58 of 174 Back to Agenda ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. 1. The costs for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 2. DWSRF loan fees. 3. The purchase of a portion of another system's capacity, if it is the most cost effective solution (limited to publicly owned (municipal) systems). 4. Construction of reservoirs (clear wells) that are part of the treatment process and are collocated with the treatment facility. 5. Construction of distribution reservoirs (finished water). 6. Cost associated with restructuring or consolidation of existing water systems by publicly owned water systems. 7. Main extensions to connect to safe and reliable sources of drinking water. 8. Cost associated with collecting and preparing environmental assessment documents to obtain local permits. 9. Direct labor including related employee benefits: a. Salaries and wages (at actual or average rates) covering productive labor hours of employees of the borrower (excluding the administrative organization of the operating unit involved) for periods of time actively or incidentally engaged in pre -design engineering, design engineering, construction engineering, acquisition of rights of way, and the cleaning, sterilization or bacteriological testing of water system components prior to public use. The costs of services rendered by employees generally classified as administration/project management of the loan are considered a direct cost only when such employees are assigned the types of services described above and shall be limited to 3% or less of the project loan amount. b. Employee benefits relating to labor are considered a direct cost of construction projects. The following items may be included as employee benefits: • F.I.C.A. (Social Security) —employer's share. • Retirement benefits. • Hospital, health, dental, and other welfare insurance. • Life insurance. • Industrial and medical insurance. • Vacation. • Holiday. • Sick leave. • Military leave and jury duty. Employee benefits must be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs must be based on the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. c. Other than work identified in Number 9.a, no costs associated with labor performed by the borrower's employees, including force account work, are eligible for financing assistance. 10. Contract engineering, planning, design, legal, and financial planning services. The Department of Health reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. 11. Contract construction work. 12. Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county -owned equipment, at the rental rates established by the local government's "equipment rental and revolving fund" following the methods prescribed by the division of municipal corporations. However, such costs must be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less not using this type of fund are allowed the same rates as used by the State Department of Transportation. 13. Direct materials and supplies. 14. Other direct costs incurred for materials or services acquired for a specific project are eligible costs and may include, but are not limited to such items as: a. Telephone charges. b. Reproduction and photogrammetry costs. c. Video and photography for project documentation. d. Computer usage. e. Printing and advertising. 15. Other project related costs include: • Competitive Bidding. • Audit. • Insurance. • Prevailing wages. • Attorney fees. • Environmental Review. • Archaeological Survey. Water system plan costs are not eligible for reimbursement. Small water system management program and plan amendments costs are eligible for reimbursement. Projects may be designed to accommodate reasonable growth. This is generally the 20-year projection included in the system's water system plan or small water system management program. Page 59 of 174 Back to Agenda ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) Preamble With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to each state which in turn provides subgrants or loans to eligible entities within the state. Typically, the subrecipients are municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients' compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section 1-5. Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients' compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 11-3(ii)(A), below and for compliance as described in Section II-5. I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) For Subrecipients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Health. If a State recipient needs guidance, they may obtain additional guidance from DOL's web site at http://www.dol.gov/whd/. 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c) (3) (iv). The subrecipient shall monitor www.wdol.gov on a weekly Page 60 of 174 Back to Agenda basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Borrower and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 61 of 174 Back to Agenda (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing Page 62 of 174 Back to Agenda apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually Page 63 of 174 Back to Agenda registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Borrower must comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The Borrower and/or subcontractor must insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. Page 64 of 174 Back to Agenda (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes will be resolved according to the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, Borrower certifies that neither it (nor he or she) nor any person or firm who has an interest in the Borrower's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the Page 65 of 174 Back to Agenda contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Health and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.gov/whd/WHD district offices.pdf. Page 66 of 174 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8C Meeting Date: Subject: Adoption of a Resolution Regarding Code Prepared by: Enforcement Abatement Action at 515 Perry Avenue North Atty Routing No: Atty Review Date: Back to Agenda April 26, 2022 Charlotte Archer, Atty Doug Price, DCD 366922-0011— DCD April 22, 2022 Summary: The City has commenced a code enforcement action against the owners of real property located at 515 Perry Avenue N in the City of Port Orchard (Kitsap County Parcel No. 427-025-003-0005) (the "Property"), for maintenance of a dangerous structure and associated ongoing public nuisance conditions, which are violations of the Port Orchard Municipal Code. By way of background, the City of Port Orchard has been pursuing the cleanup of the Property since June 2018. An abatement complaint and notice of hearing were served on the Property's owners on May 3, 2019, and a hearing was held on May 21, 2019. As a result of the hearing, the Director of Community Development issued Findings of Fact and an Order, in accordance with POMC 20.212 and RCW Ch. 35.80. That Order required the Property's owners (and any tenants) to vacate the dangerous structure, and design and execute necessary repairs to bring the structure into code compliance so that it could be safely utilized. In the latter half of 2019, the Property's owners performed some of the required work but did not fully remediate the code violations. The City issued additional notices regarding compliance, as well as permits for the necessary work. However, at the beginning of 2022, the necessary work was not completed, and the structure remains in a dangerous condition unfit for human habitation. Additionally, the Property is being used to store building materials while no active building activities are occurring, in violation of the POMC. The City has received frequent complaints regarding the Property and continues to receive complaints. The City has the authority to abate nuisances and dangerous buildings, to expend public funds for the purpose, and to recover those funds via various means, under the authority of these regulations and RCW 7.48 and 9.66, and additionally, to file a lien against the property under the authority of RCW 35A.21.405. The City has budgeted funds for the abatement of dangerous buildings and public nuisances. Relationship to Comprehensive Plan: No relationship to Comprehensive Plan. Recommendation: Provide authorization to the Mayor or designee (Code Enforcement Officer and City Attorney) to move forward with the lawsuit. Motion for consideration: I move to adopt a Resolution authorizing the Mayor or designee to move forward with legal action against the owners of real property located at 515 Perry Avenue North, for all claims and Page 67 of 174 Back to Agenda Staff Report 8C Page 2 of 2 damages appropriate to remediate the public nuisance conditions and code violations existing on said property. Fiscal Impact: All of the costs of this action, including attorney fees, are potentially chargeable to the property owner, and so may be reimbursed. Due to variables in the cost of abatement, response of the owner, and value of the property if sold at tax auction, total costs and percentage of recovery of those costs is unknown. It is anticipated that cost recovery in this case may not exceed $2,000, which is likely to be only a portion of the cost of this abatement, as that is the limit of what may be recorded as a priority lien for a public nuisance abatement, in accordance with the provisions of RCW 35A.21.405; however, the City has budgeted adequate funds for dangerous building and public nuisance abatement. Alternatives: Do not approve Resolution and provide guidance to staff regarding either not moving forward with the abatement or moving forward in a different manner. Attachments: Resolution Code Enforcement Notice and Order Page 68 of 174 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR OR DESIGNEE FOR LEGAL ACTION RELATING TO ONGOING VIOLATIONS OF THE PORT ORCHARD MUNICIPAL CODE OCCURRING AT 515 PERRY AVENUE NORTH, IN THE CITY OF PORT ORCHARD. WHEREAS, in 2018, the City Code Enforcement Officer has identified multiple violations of the Port Orchard Municipal code occurring at 515 Perry Avenue North, Kitsap County Tax Parcel No. 4027-025-003-0005 (the "Property"), including the presence of a dangerous structure unfit for human habitation due to a cracked foundation, failing retaining walls, and other structural defects; and WHEREAS, since the City has been pursuing the cleanup and abatement of the above conditions, via education, voluntary compliance, and enforcement since June 2018; and WHEREAS, those efforts have been unsuccessful and the condition of the Property has worsened; and WHEREAS, an abatement complaint and notice of hearing were served on the Property's owners on May 3, 2019, and a duly -noticed public hearing was held on May 21, 2019; and WHEREAS, as a result of the hearing, the Director of Community Development issued Findings of Fact and an Order, in accordance with POMC 20.212 and RCW Ch. 35.80. That Order required the Property's owners (and any tenants) to vacate the dangerous structure, and design and execute necessary repairs to bring the structure into code compliance so that it could be safely utilized; and WHEREAS, the above described conditions violate Port Orchard Municipal Code Chapters 21.212, 7.48 and 9.66, as well as RCW 35.80, and constitute a public nuisance under these regulations; and WHEREAS, the City has the authority to abate nuisances in accordance with POMC 9.30, RCW 9.66, and RCW 7.48, and to place a lien on the property to recover the costs of abatement, in accordance with RCW 35A.21.405, and/or to pursue recovery of costs from the owner through personal judgment or other legal means; and WHEREAS, the owner did not correct the violations, and did not appeal the above Order; and WHEREAS, at an inspection on in early 2022, the Code Enforcement Officer found that the violative conditions were still present; and WHEREAS, the City Council finds that the above conditions constitute a dangerous condition, public nuisance and a threat to public health and safety, and desires to pursue all Page 69 of 174 Back to Agenda Resolution No. Page 2 of 2 remedies to remediate these on -going public nuisances and violations of the POMC; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council finds that the conditions on the property located at 515 Perry Avenue North constitute a public nuisance, as evidenced by the recitals set forth above, and are properly subject to abatement by the City of Port Orchard. THAT: The Mayor or designee is hereby authorized to pursue litigation against the owner(s) of the Property, for all claims and damages appropriate to remediate the public nuisance conditions existing on said property, as well as any and all code violations currently present on the property. THAT: The City Council herein ratifies all actions previously taken consistent with this authorization. THAT: This Resolution shall take effect and be in full force upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor, and attested by the City Clerk in authentication of such passage this 26t" day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 70 of 174 Back to Agenda BEFORE THE POMC 20.212 OFFICER CITY OF PORT ORCHARD, STATE OF WASHINGTON In re the Premises Located at: File No. CE18 0047 515 Perry Ave. N COMPLAINT AND NOTICE OF HEARING Port Orchard, WA TO: The Owners, Occupants, Lenders, or Other Parties of Interest of the Premises Located at the Address Above and, specifically,: Gregory Rex & Violeta Shaw 1292 Lansing Ave. W Bremerton, WA 98312 You are hereby notified that the property, located at 515 Perry Ave. N, described as follows: LOT 3, BLOCK 25, ANNAPOLIS, AS RECORDED IN VOLUME I OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON. (Kitsap County Parcel No. 4027-025-003-0005). (hereinafter, the Property) contains buildings and/or structures that are dangerous or unfit for human habitation or other uses, as defined by Port Orchard Municipal Code (POMC) Chapter 20.212. A hearing shall be held at Port Orchard City Hall, at 9:00 am, Tuesday, May 21, 2019, to consider the City's complaint and to determine what action must be taken to correct the conditions described herein. Please read this Complaint and Notice of Hearing thoroughly, as it details the City's complaint, your rights, and the action that may be taken by the City. COMPLAINT' AND NOTICL' OF HEARING Page 1 of 6 515 PERRY AVE. N Page 71 of 174 Back to Agenda Background and Current Conditions The subject property is a .11 acre residential parcel, with a single-family residence at the base of a steep slope and approximately 10-15 feet above the adjacent street. The slopes are retained by an approximately 5-foot high unreinforced cinder -block retaining wall at the rear, an approximately 5-foot high concrete retaining wall adjacent to the street, and an approximately 3-4-foot high wood retaining wall set back approximately 2 feet from the front retaining wall. The ground slopes up to the house from the wood wall. A large deck extends approximately 17 feet from the house to the wood retaining wall, supported by posts and concrete piers on the slope and by posts mounted on the wood retaining wall at the front. Approximately 40 feet of the 50-fool wide rear retaining wall is hidden by the house and not readily visible; however, the approximately 10-foot wide visible portion is failing, with deep horizontal and vertical cracks visible, the center visibly bulging and pushed -out in relation to the rest, and parts of two blocks broken away. The wooden retaining wall is rotten and failing, with the vertical supports leaning out approximately 15-30 degrees from vertical and the horizontal beams bowing out, sagging, and visibly rotten. The front row of deck posts are leaning out at a similar angle to the vertical wall supports and the main beam and deck surface are visibly sagging. The exterior of the house is generally deteriorated and poorly maintained. Fascia trim is not treated or painted, corner trim is missing, and there are holes in the siding. The side door does not open/close properly. A large section of the front foundation wall is broken and undermined on either side of a crawl -space access. The detached garage is deteriorated, with siding and trim rotting and what appears to be a rodent - burrowed hole in the siding. The handrail on the stairs from the house to the road, which is attached to the side of the garage does not meet code for shape and dimensions and is inadequately supported due to rot of the supports and garage siding. The owner, Greg Rex, was notified by the City in 2016 of the failing wood retaining wall and that it would have to be assessed by a structural engineer, plans developed, and a building permit required for repairs. On September 9, 2016, he said he would begin working on it in approximately two weeks. On October 17, 2016, there was no action and he was reminded that it must be taken care of. On June 19, 2018, Code Enforcement Officer Doug Price inspected and found the retaining wall to have deteriorated significantly since the last inspection. He contacted Greg Rex and told him to install temporary shoring immediately, close -off all access to the deck (requiring the tenants to COMPLAINT AND NOTLCI; OF HEARING Page 2 of 6 515 PERRY AvF. N Page 72 of 174 Back to Agenda either vacate the house or come and go only through the side door), and contact a structural engineer right away to work on a solution. A structural engineer was engaged immediately and the deck was secured from access. The engineer said temporary shoring was not needed and he would need about 3 weeks to design a solution. On March 5, 2019, after months of being repeatedly promised the engineering would be finished soon, Officer Price contacted Rex and found he had not actually hired the engineer, but had since found a cheaper engineer and was considering hiring him. Officer Price asked for a status report ASAP. On April 12, 2019, having received no further contact, and getting no response from the engineer to phone calls and e-mails. Officer Price re -inspected and contacted the tenants, finding that they were again using the deck and front door, because the side door didn't work properly, and finding that the rear retaining wall was also failing. On April 29, 2019, Officer Price contacted Greg Rex on -site and found that he had told the tenants to remove the boards and use the front door until the side door was fixed, as long as they "don't let the City see it," and he had not made any progress toward hiring an engineer who was actually available. On April 12 & 29, 2019, Code Enforcement Officer Doug Price inspected the property and buildings, finding as follows: Violations Due to age, dilapidation, and lack of maintenance, the buildings and structures are dangerous or unfit for human habitation or other uses, as defined by POMC 20.212.040, as follows: 1. Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency. - The side door does not operate properly, forcing tenants to exit via the deck, which is in danger of collapse. The stair handrail does is not designed according to the Building Code and is detached due to rot. 2. The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency. - The deck has rotten boards in the egress path that could be a trip hazard. COMPLAINT ANT) NOTICE OF HEARING Page 3 of 6 515 PERRY AvE, N Page 73 of 174 Back to Agenda 4. Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage or deterioration and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose, or location. - The wood and cinder -block retaining walls are deteriorated and failing. 5. Any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons, damage property, or render other portions of the structure or premises unsafe or unfit to occupy. - The retaining walls are failing and in danger of collapse. The failure of the wood wall is causing the deck supports to fail and could lead to the collapse of the deck. Failure of the rear retaining wall could significantly damage the house. 7. Any portion thereof is wracked, warped, buckled, settled, deteriorated, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, earthquakes, snow, or other loads, than is required in the case of similar new construction. - Earthquake or other loads could cause the failure of the retaining walls and deck. 8. The building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. - Due to the failure of the wooden retaining wall, the deck is likely to collapse. 9. For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is designed and intended to be used. - Due to the lack of safe emergency egress, the house is manifestly unsafe for occupancy. 17. Roofing, siding, vents, or other protective components, systems, or materials are damaged, deteriorated, improperly installed, or for any other reason not functioning properly to prevent the intrusion or retention of moisture into interior components or materials not designed or intended for exposure to moisture. - House and garage siding and trim are not adequately maintained to exclude moisture. 19. Foundations, footings, and related supporting components are damaged, settled, or otherwise deteriorated, or not properly constructed, anchored, installed, or supported, as to provide the required support, stability, or protection against the elements. COMPLAINTAND NOTICE OF HEARING Page 4 of 6 515 PERRY AVE. N Page 74 of 174 Back to Agenda The front deck posts are no longer adequately supported. The house foundation is damaged and undermined on both sides of the crawl space access. 21. The building or structure is in such a condition as to constitute a public nuisance. - The garage, front wall, and deck are visual nuisances to the community. The deck is a danger to the public, as it would fall into the public right-of-way and roadway if it collapses. Hearing A hearing shall be held at 9:00 am, Tuesday, May 21, in the Council Chambers at Port Orchard City Hall, 216 Prospect Street, Port Orchard, Washington 98366 before the City's Community Development Director. The purpose of this hearing is for the building/property owner(s) and/or other parties with interest in the property or building(s) to respond to the City's complaint and to provide testimony if they wish. You are not required to respond or attend this hearing; however, this is your opportunity to respond to this complaint. Failure to answer or attend the hearing will result in this matter being decided without your input. You may appear and testify at the hearing with or without an attorney or you may respond in writing. Written responses must be mailed or delivered to the City Clerk at the address listed below and received no later than the date of the hearing. If the Director determines that the buildings)/structure(s) is/are dangerous or unfit, an order may be issued which requires the owner or other party in interest to take certain actions within a time limit specified in the order. Such actions may include — but are not limited to — vacating and closing, repairing, altering, improving, or demolishing the building(s)/structure(s). The order may also direct the City to take the required action, if you fail to do so, and that the cost of the City's action shall be assessed against the real property upon which the cost was incurred. Interpreter / Special Needs: If you need an interpreter due to limited ability to speak English, or due to a hearing or speech impairment, we will provide an interpreter at no cost to you. If you have a disability and need accommodation by the City of Port Orchard when using our facilities or services, we may be able to help. Please contact this office at the number listed below. This Complaint and Notice of l [caring is being supplied to you pursuant to the provisions of Chapter 35.80 of the Revised Code of Washington and Chapter 20.212 of the Port Orchard Municipal Code. A copy of this Complaint and Notice of Hearing is also filed with the Kitsap County Auditor and such filing shall have the same force and effect as other lis pendens notices COMPLAINT AND NOTICE OF HEARING Page 5 of 6 515 PERRY AVE. N Page 75 of 174 Back to Agenda provided by law. If you have any questions, please contact Building Official Nick Bond at 360-874-5533. DATED this 3`d day of May, 2019. n- "; I Nick Bond Community Development Director 216 Prospect Street Port Orchard, Washington 98366 CERTIFICATE OF SERVICE I hereby certify and declare under penalty of perjury that I served the foregoing by mailing via certified and regular first class mail to: Gregory Rex & Violeta Shaw 1292 Lansing Ave. W Bremerton, WA 98312 and by posting in a conspicuous place upon the property located at 515 Perry Ave N. and mailing to the Kitsap County Auditor for recording, on this 3rd day of May, 2019. Dou ode Enforcement Officer COMPLAINT AND NOTICF. OF HEARING Page 6 of 6 515 Pr-.RRY Avi?. N Page 76 of 174 Back to Agenda BEFORE THE PUBLIC OFFICER CITY OF PORT ORCHARD, STATE OF WASHINGTON In re the Premises Located at: 515 Perry Avenue N Port Orchard, WA File No. CE18 0047 FINDINGS AND ORDER THIS MATTER came before the City of Port Orchard for a hearing held on May 21, 2019, regarding the property located at 515 Perry Avenue N (hereinafter, "the Property"). The Community Development Director of the City of Port Orchard, acting as the Public Officer, in accordance with chapter 20.212 Port Orchard Municipal Code (POMC) and chapter 35.80 RCW, makes the following findings and order. FINDINGS OF FACT 1. On the basis of inspections by Code Enforcement Officer Doug Price, on June 19, 2018, April 29, 2019, and other dates, Community Development Director Nick Bond made a preliminary determination that the structures and premises on the Property were unfit for human habitation or other use, dangerous, and a public nuisance. 2. On May 3, 2019, Director Bond issued a complaint stating in what respects the structures and premises were unfit for human habitation or other use and dangerous, and giving notice that a hearing would be held on May 21, 2019, at which hearing all parties in interest would be given the right to file an answer to the complaint, to appear in person or otherwise, and to give testimony at the time and place in the complaint. 3. The complaint was served as required by RCW 35.80.030(1)(c). Specifically, on May 3, 2019, the complaint was mailed to the owner/taxpayer, at the mailing address on record with the Kitsap County Assessor -Treasurer and, on May 6, 2019, was posted in a conspicuous place on the property. The Complaint was also recorded with the Kitsap County Auditor. FINDINGS AND ORDER Page 1 of 5 515 PERRY AVENUE N Page 77 of 174 Back to Agenda 4. On May 21, 2019, a hearing was held before the Director, at which hearing, Code Enforcement Officer Doug Price testified and presented photographs and documents regarding the condition and ownership of the structures(s) and Property. Greg Rex and Violeta Shaw, the owners of the property, appeared and provided testimony. 5. As documented by Code Enforcement Officer Price on the inspection date(s) specified above, the house, deck, retaining walls, and garage on the Property is/are dangerous, unfit for human habitation or other use, and a public nuisance, as defined by POMC 20.212.040 & 140, for the following reasons: Due to age, dilapidation, and lack of maintenance, the buildings and structures are dangerous or unfit for human habitation or other uses, as defined by POMC 20.212.040, as follows: 1. Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency. - The side door does not operate properly, forcing tenants to exit via the deck, which is in danger of collapse. The stair handrail does is not designed according to the Building Code and is detached due to rot. 2. The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency. - The deck has rotten boards in the egress path that could be a trip hazard. 4. Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage or deterioration and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose, or location. - The wood and unreinforced cinder -block retaining walls are deteriorated and failing. 5. Any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons, damage property, or render other portions of the structure or premises unsafe or unfit to occupy. - The retaining walls are failing and in danger of collapse. The failure of the wood wall is causing the deck supports to fail and could lead to the collapse of the deck. Failure of the rear retaining wall could significantly damage the house. 7. Any portion thereof is wracked, warped, buckled, settled, deteriorated, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, FINDINGS AND ORDER Page 2 of 5 515 PERRY AvrNur N Page 78 of 174 Back to Agenda earthquakes, snow, or other loads, than is required in the case of similar new construction. - Earthquake or other loads could cause the failure of the retaining walls and deck. 8. The building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. - Due to the failure of the wooden retaining wall, the deck is likely to collapse. 9. For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is designed and intended to be used. - Due to the lack of safe emergency egress, the house is manifestly unsafe for occupancy. 17. Roofing, siding, vents, or other protective components, systems, or materials are damaged, deteriorated, improperly installed, or for any other reason not functioning properly to prevent the intrusion or retention of moisture into interior components or materials not designed or intended for exposure to moisture. - House and garage siding and trim are not adequately maintained to exclude moisture. 19. Foundations, footings, and related supporting components are damaged, settled, or otherwise deteriorated, or not properly constructed, anchored, installed, or supported, as to provide the required support, stability, or protection against the elements. - The front deck posts arc no longer adequately supported. The house foundation is damaged and undermined on both sides of the crawl space access. 21. The building or structure is in such a condition as to constitute a public nuisance. - The garage, front wall, and deck are visual nuisances to the community. The deck is a danger to the public, as it would fall into the public right-of-way and roadway if it collapses. 6. At the hearing, the owners were offered the opportunity to respond to the City's complaint. They did not provide a detailed work plan, but asked for 6 months to complete the work, assuring that it would all get done and would comply with the code. In response to the City's position that the house should be declared unfit for occupancy and be vacated until the work is done, Ms. Shaw stated that she could relocate the tenant. 7. Officer Price testified that the owners submitted a building permit application, engineering calculations, and plans for the rebuild of the front deck and retaining wall. As of the date of this notice, the application is under review by the Community Development Department and the permit has not yet been issued. No application or engineering analysis has been completed FINDINGS AND ORDER Page 3 of 5 515 PERRY AVENUE N Page 79 of 174 Back to Agenda for the rear retaining wall, house foundation, or other building repairs, which were first identified by the City and brought to the owner's attention on April 29, 2019. 8. The Property contains dangerous buildings, as contemplated by Chapter 35.80 RCW and Chapter 20.212 LMC and is properly subject to abatement under these legal authorities. ORDER 1. All owners and parties in interest, including but not limited to Gregory Rex and Violeta Shaw, are hereby ordered to vacate the house and remove the dangerous building conditions, as follows: ■ Vacate the house, relocate the tenant, and secure the house, deck, and garage from entry within 15 days of the date of this notice. Once the house is vacated, the buildings and deck may be entered only for the purposes of inspection, removing contents, and repair. ■ Follow the instructions of your engineer with regard to shoring or other protective measures before and during repairs. ■ Have a lateral and gravity analysis of the house foundation and rear retaining wall completed and repair/rebuild plans prepared by a properly -licensed structural engineer within 60 days of the date of this notice. Engineering analysis is not required for the garage repairs. [Note: Any request for additional time must be in writing to the Director and must include a written document from the engineer confirming that they are under contract for the work and providing a reasonable estimate of when they can complete it.] ■ Submit complete* applications for permits to repair the garage, house foundation, and rear retaining wall within 60 days of the date of this notice, or by an extended deadline if granted in writing by the Director. [*Applications are not considered complete unless they include detailed plans, engineering analysis (if required), contractor information, all applicable fees, and other documents or criteria specified on the permit application cover page.] ■ Provide any additional information, revised plans, or other corrections required by the City, related to review of your permit applications and plans, by the deadlines specified by City staff. ■ Complete all repairs and rebuilding no later than 90 days after permits are issued or as otherwise specified in writing by the Community Development Director. ■ Until all work is completed and the property reoccupied, keep the property and buildings continually maintained, so as not to constitute a fire, health, or other hazard or public nuisance. ■ Keep the buildings and deck secure from entry until all work is completed and occupancy is approved by the City. 2. If the owner or other parties in interest fail to comply with this order, the City is authorized to enter the property and buildings for inspection, testing, sampling, or other purposes preparatory to and in the conduct of repairs, demolition, or other actions, to hire contractors as necessary to perform the work, and to spend public funds to complete the work. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the City, shall be assessed against the real property. FINDINGS AND ORDER Page 4 of 5 515 PERRY AVENt1E N Page 80 of 174 Back to Agenda SO ORDERED this `-' day of May, 2019. 1 N'1'c'k(BAT Community Development Director, City of Port Orchard Notice: As allowed by RCW 35.80.030(g) and POMC 20.212.080, the owner or any party in interest may appeal this order within thirty days from the date of service (as indicated below) upon the owner and posting of the decision. The appeal, if any, must be filed with the City Clerk, located at 216 Prospect Street, Port Orchard, Washington. CERTIFICATE OF SERVICE I hereby certify and declare under penalty of perjury that I served the foregoing by mailing via certified and regular first class mail to: Gregory Rex &. Violeta Shaw 1292 Lansing Ave. W Bremerton, WA 98312 and by posting in a conspicuous place upon the property located t 515 Perry Ave. N, and mailing to the Kitsap County Auditor for recording, on this _ ay of May, 2019, D rice, Code Enforcement Officer FINDINGS AND ORDER Page 5 of 5 515 PERRY AVENUE N Page 81 of 174 Back to Agenda CITY OF PORT ORCHARD Department of Community Development 720 Prospect Street (Mailing: 216 Prospect St., Port Orchard, WA 98366) (360) 874-5533 / planning@cityofportorchard.us www.cityofportorchard.us July 14, 2020 Greg Rex 1292 Lansing Ave. W Bremerton, WA 98312 Mr. Rex, As we discussed recently, progress on repairs at 515 Perry Ave. N have been stalled for months. I realize that you have encountered some unexpected difficulties and delays; however, the May 30, 2019, abatement order established certain deadlines for work to be completed and required that any extensions of those deadlines be requested in writing and be based on specific information and criteria. The deadlines are long passed, no extension request has been received, and, while you have done some work on the front retaining wall and deck, no work has been done towards correcting the other problems on the property. In addition to the work on the front retaining wall and deck, the abatement order required you to: • Have a lateral and gravity analysis of the house foundation and rear retaining wall completed and repair/rebuild plans prepared by a properly -licensed structural engineer within 60 days (by July 30, 2019). ■ Submit complete applications for permits to repair the garage, house foundation, and rear retaining wall within 60 days. ■ Complete all repairs and rebuilding no later than 90 days after permits are issued. ■ Until all work is completed and the property reoccupied, keep the property and buildings continually maintained, so as not to constitute a fire, health, or other hazard or public nuisance. While you've been delayed on the front retaining wall, these other things could have been worked on, but have not been. The City has not received any analysis of the rear retaining wall or house foundation, or permit applications for the garage or other work, and the property has remained a visual nuisance, with scrap materials, furniture, and junk in front of the garage and elsewhere in view, and the City continues to receive complaints. In order to continue to work under the abatement order, you must request an extension in writing. Your request must include a detailed work plan / timeline, addressing the completion of the front retaining wall and deck, as well as the assessment and repair of the rear retaining wall, house foundation, garage, and any other repairs needed on the house. Legitimate, unavoidable delays may be addressed by additional extension requests, if needed, but your plan and timeline must be reasonable and diligent and you must adhere to it to the extent it is within your control. In addition, the property must be cleaned up and kept clean to the maximum extent possible, given the work being done. *Please mole: 0`17ile ive anticnpale anal upIn-eciote our coopei-ation, co0seek to work cooperalivelt, ►vilh you 1cr acich-ess the wafter(v) disc ussecl above, please mole that this i.v an egforcemelnf action, which Ingy earr.V peilultie.s incluclirlg but uof lin ifercllo vices of C'ivil Irnfi•aclio7 (fines) uncl/err• ahulemew rr! 110111, expense !f the con(litio !s ore Ito/ corl-eclect Page 82 of 174 Back to Agenda Please send your request and plan J timeline by July 31, 2020, to: Nick Bond, Community Development Director City of Port Orchard 216 Prospect St. Port Orchard, WA 98366 If you have any questions or need assistance, please contact me at (360) 876-7032 or by e-mail at dprice(@ciiyof Sincerely, 51 Doug Price Code Enforcement Officer Page 83 of 174 Back to Agenda Port Orchard Municipal Code Chapter 20.212 DANGEROUS AND UNFIT DWELLINGS, Page 1 of 5 BUILDINGS. AND STRUCTURES Chapter 20.212 DANGEROUS AND UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES Sections: 20.212.010 Purpose — Findings. 20.212.020 Definitions. 20.212.030 Authority and liability. 20.212.040 Criteria for unfit or dangerous buildings or structures. 20.212.050 Inspection and complaint. 20.212.060 Findings and order. 20.212.070 Standards for demolition or repair. 20.212.080 Appeals. 20.212.090 Enforcement of order. 20.212.100 Requests for reconsideration, modification, or extension. 20.212.110 Emergency measures. 20.212.120 Sale or disposal of materials and contents. 20,212.130 Recovery of expenses. 20.212.140 Permits, regulations and workmanship. 20.212.150 Remedies not exclusive. 20.212.160 Public nuisance. 20.212.170 Violations. 20.212.180 Penalties and other relief. 20.212.010 Purpose — Findings. The city council finds that there are within the city of Port Orchard dwellings, buildings, structures, and premises, or portions thereof, which are dangerous or injurious to the health or safety of the occupants of such The Port Orchard Municipal Code is current through Ordinance 005-22. passed February 8, 2022. Page 84 of 174 Back to Agenda Port Orchard Municipal Code Chapter 20.212 DANGEROUS AND UNFIT DWELLINGS, Page 2 of 5 BUILDINGS, AND STRUCTURES dwelling, building, structure or premises, the occupants of neighboring dwellings, or other residents of the city, or which are otherwise unfit for human habitation, occupancy, or other uses, due to: dilapidation; disrepair; structural defects; unpermitted and substandard construction or modification; lack of maintenance; abandonment or neglect; filth and other conditions attracting insects or vermin or likely to spread disease; defects increasing the risks and hazards of fire, accidents, or other calamities; inadequate ventilation and uncleanliness; inadequate light or sanitary facilities; inadequate drainage; overcrowding; violations of various building, health, and safety regulations; and other conditions which are inimical to the health and welfare of the residents of the city. Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend public values, lower the value of neighboring properties, contribute to neighborhood or community deterioration, and hamper community and economic development. When the owners or other persons in possession or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest of the community and of the occupants of such places for the city to intervene and vacate, secure, correct, repair, or remove such buildings, structures, and conditions, and to pursue all legal means to recover from such persons and/or properties the costs of doing so, including the costs of staff salaries and benefits, materials, contractors, and all other legally recoverable costs and expenses. (Ord. 036-19 § 1; Ord. 023-17 § 1). 20.212.040 Criteria for unfit or dangerous buildings or structures. The director may determine that a building or structure is dangerous or unfit for occupancy or other use if he/she finds that conditions exist in such building or structure that are dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the occupants of neighboring structures, or other residents of the city, or is otherwise not safe or fit for the use for which it was designed or intended, or for other appropriate and legal use. Such conditions may include the following, without limitations: (1) Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency. (2) The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency. (3) The stress in any materials, member, or portion thereof, due to dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose, or location. (4) Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage The Port Orchard Municipal Code is current through Ordinance 005-22, passed February 8, 2022. Page 85 of 174 Back to Agenda Port Orchard Municipal Code Chapter 20.212 DANGEROUS AND UNFIT DWELLINGS, Page 3 of 5 BUILDINGS, AND STRUCTURES or deterioration and is less than the minimum requirements of the building code for new buildings of similar structure, purpose, or location. (5) Any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons, damage property, or render other portions of the structure or premises unsafe or unfit to occupy. (6) Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the building code for such buildings. (7) Any portion thereof is wracked, warped, buckled, settled, deteriorated, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, earthquakes, snow, or other loads, than is required in the case of similar new construction. (8) The building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay, or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse. (9) For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is designed and intended to be used. (10) The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall within the middle one-third of the base. (11) The building, structure, or premises is damaged by fire, wind, earthquake, flood, or any other cause, has become dilapidated, deteriorated, or neglected, or is abandoned or apparently abandoned, so as to: (a) be an attractive nuisance dangerous to children; (b) attract and/or provide harborage for vagrants, criminals, or immoral persons; or (c) enable persons to resort thereto and engage in unlawful, immoral, or dangerous activities, or activities constituting a public nuisance. (12) The building or structure has been constructed, exists, or is maintained, occupied, or used in violation of any specific requirement or prohibition applicable to such building or structure provided by the building code or any other law of the state or ordinance of the city relating to the condition, location, structure, occupancy, or use of buildings. (13) The building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50 percent — or in any supporting part, member, or portion less than 66 percent — of the (a) strength, (b) fire -resisting qualities or characteristics, or (c) weather - The Port Orchard Municipal Code is current through Ordinance 005-22, passed February 8, 2022. Page 86 of 174 Back to Agenda Port Orchard Municipal Code Chapter20.212 DANGEROUS AND UNFIT DWELLINGS, Page 4 of 5 BUILDINGS, AND STRUCTURES resisting qualities or characteristics required by law for newly constructed buildings of like area, height, and occupancy in the same location. (14) Because of neglect, dilapidation, decay, damage, or faulty construction; inadequate light, ventilation, or sanitation facilities; infestation of rodents, roaches, wood -destroying organisms, or other vectors of disease; filth or accumulation of garbage; or, for any other reason, the building, structure, or premises is unsanitary, unfit for human habitation, occupancy, or use, or in a condition that is likely to cause sickness or disease. (15) Because of obsolescence, deterioration, damage, lack of sufficient or proper fire -resistive construction or fire -protection systems, faulty electric wiring or components, gas connections, or mechanical systems, or for any other cause, the building, structure, or premises is determined by the fire authority to be a fire hazard. (16) Electrical, plumbing, mechanical, ventilation, or other equipment or systems, or portions thereof, due to damage, deterioration, improper installation or use, or any other cause, are unsafe, unable to perform their required or designed function, or contributing or likely to contribute to deterioration or unsafe conditions of other portions of the structure. (17) Roofing, siding, vents, or other protective components, systems, or materials are damaged, deteriorated, improperly installed, or for any other reason not functioning properly to prevent the intrusion or retention of moisture into interior components or materials not designed or intended for exposure to moisture. (18) Vents, cracks, or other exterior openings are not properly covered or otherwise treated to prevent the entrance of insects, birds, rodents, or other animals. (19) Foundations, footings, and related supporting components are damaged, settled, or otherwise deteriorated, or not properly constructed, anchored, installed, or supported, as to provide the required support, stability, or protection against the elements. (20) Any portion of a structure remaining on a site after the demolition or destruction of the structure or any structure abandoned or apparently abandoned so as to constitute such structure or portion thereof an attractive nuisance or hazard to the public. (21) The building or structure is in such a condition as to constitute a public nuisance. (22) Any vehicle, shipping container, tent, mechanical equipment, or other object, used as a dwelling/sleeping unit, storage structure/building, or other structure or occupancy, or component thereof, except as specifically designed and intended for such use, converted to such use in compliance with all applicable regulations, or otherwise approved for such use, and used in accordance with such design or approval. (23) Any other condition the building official or other official or expert determines that renders the building or The Port Orchard Municipal Code is current through Ordinance 005-22, passed February 8, 2022. Page 87 of 174 Back to Agenda Port Orchard Municipal Code Chapter 20.212 DANGEROUS AND UNFIT DWELLINGS, Page 5 of 5 BUILDINGS, AND STRUCTURES structure unsafe or unfit for habitation, occupancy, or other appropriate and legal use. (Ord. 036-19 § 1; Ord. 023-17 § 1). The Port Orchard Municipal Code is current through Ordinance 005-22, passed February 8, 2022. Page 88 of 174 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8D Agenda Staff Report Subject: Adoption of a Resolution Pertaining to the City's Wellness Committee and Implementation Policies and Repealing and Replacing Resolution No. 1799 Back to Agenda Meeting Date: April 26, 2022 Prepared by: Debbie Lund Atty Routing No. Atty Review Date HR Manager 366922-0008 — HR April 20, 2022 Summary: In 1998, the Port Orchard City Council established an Employee Health Promotion Committee via Resolution number 1799. In 2011, the Association of Washington Cities (AWC) credited Well Cities with a 2% discount on their insurance premiums. Port Orchard received the Well City award in 2011 and has received the award annually ever since. Through the efforts of the Wellness Committee, in 2021 the City saved over $20,000 in health care insurance premiums. ($18,250 savings for the City and $1,916 savings for employees). The Wellness Committee is a group of seven employees, representative of the various City departments, who meet regularly to plan and execute events, promotions, and activities to support the health of City of Port Orchard employees. The mission and goals of the committee have evolved and been fine-tuned to reflect both the requirements of the AWC WellCity award program, current best practices surrounding employee wellness, and the needs and interests of current City employees. Therefore, the Wellness Committee is requesting an update to the resolution that governs the activities of the committee. Recommendation: Staff recommends the City Council adopt the attached resolution pertaining to the City's Wellness Committee and implementation policies and repealing and replacing resolution number 1799. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt the attached resolution, pertaining to the City's Wellness Committee, repealing and replacing Resolution Number 1799. Fiscal Impact: N/A Alternatives: Do not approve the Resolution and provide alternative guidance. Attachments: Resolution and Resolution No. 1799. Page 89 of 174 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON PERTAINING TO THE CITY'S WELLNESS COMMITTEE AND IMPLEMENTATION POLICIES; REPEALING AND REPLACING RESOLUTION NUMBER 1799. WHEREAS, the City Council of the City of Port Orchard recognizes that employee health is related to lifestyle decisions and many illnesses and injuries can be prevented by positive individual health practices, and WHEREAS, the City Council of the City of Port Orchard recognizes that improvements to employee health, achievable through active workplace health promotion programs and activities, can result in better morale, reduced absenteeism, and enhanced productivity and performance, and WHEREAS, the City Council supports the continuation of a Wellness Committee aimed at preventing illnesses and injuries and promoting better morale, reduced absenteeism, and enhanced productivity and performance among City employees, and WHEREAS, consistent with the above statements, in 1998 the City Council established an Employee Health Promotion Committee and implemented policies via Resolution No. 1799, and now desires to update the City's Wellness Committee and policies to better serve the needs of the City's employees; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1. REPEALER. The City of Port Orchard hereby repeals Resolution No. 1799. SECTION 2. ADOPTION AND PURPOSE STATEMENT. The City of Port Orchard hereby adopts a Wellness Committee. The purpose of the Wellness program is to support the health and well-being of City employees through promotions, events, activities, and information campaigns. The Wellness program is designed to qualify the City for the Well City award from the Association of Washington Cities. SECTION 3. VOLUNTARY PARTICIPATION. Any participation in the programs and activities of the Wellness program will be strictly on a voluntary basis. Employees serving on the Wellness Committee shall not be entitled to additional compensation above their regular rate of pay. SECTION 4. PROGRAM COORDINATOR. In order to ensure coordination within the Wellness Committee, a Program Coordinator is necessary. The Human Resources Manager is responsible for appointing an employee to serve in that capacity. SECTION 5. MEETINGS. To promote active participation in the Wellness program, the Program Coordinator will schedule regular meetings. At these meetings, the Wellness Page 90 of 174 Back to Agenda Resolution No. Page 2of2 Committee may plan events, promotions, and activities, perform evaluations of events, promotions, and activities, and provide departmental employee input. SECTION 6. RESOURCES. Existing resources within the City which are available to the general public, such as the Active Club building, Council Chambers, programs, and activities, may be considered for utilization by the Wellness Committee in preparing their plans. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 261" day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 91 of 174 Back to Agenda RESOLUTION NO. 1799 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON ESTABLISHING A CITY EMPLOYEE HEALTH PROMOTION COMMITTEE AND IMPLEMENTATION POLICIES. WHEREAS, the City Council of the City of Port Orchard recognizes that employee health is related to lifestyle decisions and many illnesses and injuries can be prevented by positive individual health practices, and WHEREAS, the City Council of the City of Port Orchard recognizes that improvements to employee health, achievable through active workplace health promotion programs and activities, can result in better morale, reduced absenteeism, and enhanced productivity and performance, and WHEREAS, the City Council supports the implementation of a City Employee Health Promotion Committee aimed at preventing illnesses and injuries and promoting better morale, reduced absenteeism, and enhanced productivity and performance among City employees, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1. ADOPTION AND PURPOSE STATEMENT. The City of Port Orchard hereby adopts a City Employee Health Promotion Committee. The purpose of the City Employee Wellness program is to develop, promote, and carry out those policies, programs, and activities that improve the health and well-being of City employees, contribute to a healthful work environment, and provide employees with sufficient information to make informed lifestyle decisions. SECTION 2. VOLUNTARY PARTICIPATION. Any participation in the programs and activities of the City Employee Health Promotion Committee will strictly be on a voluntary basis. Employees serving on the City Employee Health Promotion Committee shall not be entitled to additional compensation above their regular rate of pay. SECTION 3. PROGRAM COORDINATOR. In order to insure coordination within the City Employee Health Promotion Committee, a Program Coordinator is necessary and will serve in that capacity. The committee members shall elect from within the committee, a member to serve as Program Coordinator. SECTION 4. MEETINGS. To promote active participation in the City Employee Wellness Program, the Program Coordinator will schedule a regular quarterly meeting of the City Employee Health Promotion Committee. At this quarterly meeting, the City Employee Health Promotion Committee may plan programs and activities, perform evaluations of ongoing programs and activities and provide departmental employee input. Page 92 of 174 Back to Agenda Resolution No. 1799 Page Two of Two SECTION 5. RESOURCES. Existing resources within the city which are available to the general public, such as Active Club Building, Council Chambers, programs and activities, will be considered for utilization by the City Wellness Team in preparing their plans. PASSED by the City Council of the City of Port and attested by the Clerk in authentication of such passage this ATTEST - Patricia Parks, City Clerk lard, SIGNED by the Mayor day of January, 1998. IE`J. WEATHERILL, MAYOR Page 93 of 174 Back to Agenda �~9 �' 3r� 4 INYI A ra A _ City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8E Subject: Adoption of a Resolution Establishing Fee Schedules for the Departments of Community Development and Public Works Meeting Date: April 26, 2022 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City periodically updates it's adopted fee schedule to ensure that permittees are covering the costs of permit center operations. It has been almost 2-years since the last update to the fee resolution. Many changes have occurred since the last fee schedule update including high rates of inflation, changes to the interlocal agreement with South Kitsap Fire and Rescue, the City's use of consultants for building plan review and inspection services, and changes to the ICC building valuation tables. DCD and Public Works has worked with the City Attorney to review and update the City's fee schedule. Significant changes to the proposed fee resolution include: • Adoption of the February 2022 ICC Building Valuation Table. Building permits are based on valuation and this table reflects significantly increased construction costs and will lead to higher building permit fees. • Clarification concerning the timing of fee payments for electronic submittals. • Adoption of hourly rates for various staff members involved in a project for situations where fees are based on hourly work. • An overhaul of the fire permit fee schedule now that these permits as processed by the City under the ILA with SKFR. • Updates to the City's refund policies. • Changes to how the City charges for 3rd party consultant review for building and fire code issues. • Changes to how the City charges for 3rd party consultant review for other services such as geotechnical, critical areas, etc. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that the City Council vote to approve the updated City Fee Resolution as presented. Motion for consideration: "I move to adopt a Resolution establishing fee schedules for the departments of Community Development and Public Works as presented." Page 94 of 174 Back to Agenda Staff Report 8E Page 2 of 2 Fiscal Impact: Adopting a new fee resolution will increase building department revenues and ensure that the City has enough revenue to hire building plan review and inspection consultants and ensure adequate staffing in the 2023-2024 budget. Alternatives: N/A Attachments: Fee Resolution, Exhibit A (redline), Exhibit A (clean), existing Fee Resolution No. 034- 20. Page 95 of 174 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING AND REPLACING RESOLUTION NO. 034-20 AND ESTABLISHING NEW FEE SCHEDULES FOR THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS. WHEREAS, the City of Port Orchard is responsible for implementing land use regulations, planning and public works requirements, administering the building code, and other administrative duties; and WHEREAS, the City incurs administrative costs associated with the implementation of city regulations and policies; and WHEREAS, the City Council has adopted, through ordinance, regulations calling for the establishment of administrative fees to be set by resolution of the Council; and WHEREAS, the City's current Community Development and Public Works Departments administrative fees were adopted on August 18, 2020, with an effective date of October 1, 2020, as set forth in Resolution No. 034-20; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update the City's administrative fees to ensure the fees are consistent with the services provided and cover the public cost of providing these services so that the public is not subsidizing individual benefits derived from public services; now, therefore, AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES THAT: Resolution No. 034-20 is hereby repealed in its entirety effective as of 11:59 pm on May 29, 2022. THAT: The rates, fees and charges charged by the Community Development and Public Works Departments for the specified services are here by adopted as set forth on Exhibit "A" attached hereto, which is adopted by this reference. THAT: This Resolution shall become effective immediately upon passage, but the fees set forth on Exhibit "A" shall be levied beginning at midnight, 12:00 a.m., May 30, 2022. THAT: Upon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this resolution including, but not limited to, the correction of scrivener's/clerical errors, references, numbering, section/subsection numbers and any reference thereto. THAT: Provisions of this Resolution are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Resolution or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the Resolution, or the validity of its application to other persons or circumstances. Page 96 of 174 Back to Agenda Resolution No. _ Page 2 of 19 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 26t" day of April 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 97 of 174 Back to Agenda Exhibit A to Resolution OXX-22 FEE SCHEDULES FOR DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS A. General 1. No permit shall be issued, application accepted, service provided, or appeal filed without payment of the applicable fee set forth below. 2. Time of collection of fees. a. Fees shall be collected at the times specified in the City Code or this Fee Resolution. If not specified, the minimum fee shall be collected at the time of application submittal. No application will be deemed "counter complete" until the fee due with the application has been received by the City. b. For applications that are submitted online, the applicant can pay the fees electronically or may submit another form of payment in person or via U.S. Mail. The determination of whether a permit application is "counter complete" will be deferred for four business days following submittal of the online application submittal. If payment for the fees is not received by the City by the fourth business day, then the City will reject the application. In no case will the City take any steps to process an application until such time as the fees due with the application are received in full. c. The City may bill an applicant and require payment for accrued fees at any time in the permit review process. d. The final fees will be recalculated during review, and any additional amount due shall be collected prior to the issuance of the permit, approval, denial, decision or recommendation. e. At the time an application or permit is denied or canceled, the final fee shall be determined and collected. f. Any fee in excess of the final calculated fee shall be refunded pursuant to Refunds Table 25. g. All outstanding fees shall be paid prior to scheduling or performing final inspections. References to the director refer to the director of the Department of Community Development or his/her designee. 4. Some projects require more than one permit. A project may require the payment of numerous fees from the tables below. B. Building, Plumbing, and Mechanical Fee Policies 1. No temporary or final certificate of occupancy will be approved or issued for a project with any outstanding fees on any permit associated with the project. 2. Some signs require a building permit in addition to a land use (sign) permit. In these instances, the permit fees are additive. When an applicant is required to obtain a sign permit and a building permit, separate fees are required for each permit. 3. The applicant for a permit shall provide an estimated construction value at the time of application. The amount shall be the contractor's bid price, rounded up to the next whole dollar. For work not done by a contractor, the construction value shall include the price of materials, plus the fair market value of any donated, contributed or found materials, multiplied by two (2). Construction value calculated on 100 square feet shall be rounded up to the next 100 square feet for any portion thereof. 4. Single family home builders who wish to reuse a plan set to construct more than one home using the same plan set may do so by utilizing a "basic plan" review process. When an applicant wishes to establish a basic plan set for reuse, the plans shall initially be reviewed upon payment of the city's standard plan review fee. Once plan review is complete and if the City finds that the plans conform to the requirements of the Building Code, the plans shall be approved as a basic plan set and marked as such for reuse. For each use of the plan, the applicant shall pay a reduced plan review fee as established in Table 3 in lieu of the full plan review fee. The use of an approved basic plan set shall have no effect on the building permit fee (only the building permit plan review fee). Plans may not be reused if the city's building code has been updated unless the plans have been re - reviewed (upon payment of the full plan review fee) and approved for conformance with the updated building code. Page 98 of 174 Back to Agenda TABLE 1: Fee Calculations. Permit fees and Plan Review fees shall be determined by using the calculations found in Table 1. Valuations shall be determined using the IBC Building Valuation Data Table (BVD) (currently the February 2020 table as attached hereto) except as noted in the BVD Table and as otherwise set in Tables 2 and 3. Total Valuation FEES (Permit Fee = 100% Plan Review Fee = 65%) $1 to $500 $36.00 $36.00 for the first $500 plus $4.00 for each additional $100, $501 to $2,000 or fraction thereof, to and including $2,000 $96.00 for the first $2,000 plus $17.00 for each additional $2,001 to $25,000 $1,000, or fraction thereof, to and including $25,000 $487.00 for the first $25,000 plus $12.00 for each additional $25,001 to $50,000 $1,000, or fraction thereof, to and including $25,000 $787.00 for the first $50,000 plus $9.00 for each additional $50,001 to $100,000 $1,000, or fraction thereof, to and including $100,000 $1,237.00 for the first $100,000 plus $7.00 for each additional $1000, or fraction thereof, to and including $100,001 to $500,000 $500,000 $4,037.00 for the first $500,000 plus $6.00 for each additional $1,000, or fraction thereof, to and including $500,001 to $1,000,000 $1,000,000 $7,037.00 for the first $1,000,000 plus $5.00 for each $1,000,001 and up additional $1,000, or fraction thereof TABLE 2: Residential Single Family Building Permit Type Amount Unit of Measure Unfinished Basement (Group R-3) $23.50 Square foot Finish an existing basement $82.95 square foot Conversion of an existing garage to residential space $59.79 square foot New, repair, or alteration or addition to deck, uncovered $13.04 square foot New Foundation only or under existing structure $13.04 square foot New garage, shed, barn, or pole building (attached or detached) $60.43 square foot Covered porch, covered deck; new, alteration, repair, or cover added $21.07 square foot New, remodel, or repairs to freestanding roof structures and carports, other than porch or deck $21.07 square foot Residential Interior Remodel $19.67 square foot TABLE 3: Miscellaneous Permit fees: Building Permit Type Amount Unit of Measure Shoreline bulkhead walls $118 Per Linear Foot Demolition $75 Each Fences over 6 feet in height $11.74 Per Linear Foot Back to Agenda Per Linear Retaining walls $19.67 Foot Construction value (contract Apply Construction price or Tank: Underground or Above Ground, Installation or Removal Value to Table 1 materials x 2) Calculate construction Apply Construction value at $90 Roof: Hot Mop/Cold Mop (flat roof) Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $70 Roof: Composition, Metal Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $140 Roof: Wood Shake Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $140 Roof: Concrete, Tile, Slate Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $90 Roof: Torch Down Value to Table 1 per 100 SQ FT Construction value (contract Apply Construction price or Residential Misc. Value to Table 1 materials x 2) Construction value (contract Apply Construction price or Commercial Tenant Improvement and Misc. Value to Table 1 materials x 2) Tenant Certificate of Occupancy for new business; All other C of O included in building permit fee. $75 Each Revised Certificate of Occupancy for business name change, or business ownership change, or property ownership change. $60 Each Manufactured or mobile home placed on lot or first time placement in MH park $150 Each Manufactured or mobile home replacement in MH park $75 Each Reactivation fee, for permit expired for less than one year, no 50% of original plan changes permit fee Permit fee is Work without a permit — penalty; doubled, $65 Violator must obtain the necessary permit. minimum. Construction value Apply Construction (contract or Sign (when a building permit is required) Value to Table 1 materials x 2) Back to Agenda Carport or Canopy, pre-fab kit installation $100 Each Calculate construction Residential siding replacement: permit required when over 1000 Apply Construction value at $70 sq. ft. or if any structural work is required (POMC 20.200.014) Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $70 Commercial siding replacement Value to Table 1 per 100 SQ FT Single Family Residential plan review using a basic plan on a site specific lot $225 For each use Construction value (contract Apply Construction price or Windows or Doors Value to Table 1 materials x 2) Fire Code Permits Fire Code permit projects may be reviewed by a consultant under contract services, depending on city staff workload. Plan review fee submitted with the application may cover the consultant cost. TABLE 4: Fire Code Permit Fees: Fire Construction Amount Calculation Fire Alarm, new Construction value Apply Table 1 to (contract price or construction value materials x 2) Fire Alarm, minor modifications to existing Construction value Apply Table 1 to (contract price or construction value materials x 2) Fire Sprinkler, new or major modification Construction value Apply Table 1 to (contract price or construction value materials x 2) Fire Sprinkler, modifications 20 heads or fewer Construction value Apply Table 1 to (contract price or construction value materials x 2) Fire Suppression System, Class 1 Hood and Duct Construction value Apply Table 1 to (contract price or construction value materials x 2) Solar Panels: Solar energy/photovoltaic panel system roof $235 each mounted install per WAC 51-51-2300 Sec. M2302 Standpipe System Construction value Apply Table 1 to (contract price or construction value materials x 2) Tank: Underground or Above Ground, Installation or Construction value Apply Table 1 to Removal (contract price or construction value materials x 2) Compressed Gasses Construction value Apply Table 1 to (contract price or construction value materials x 2) Page 101 of 174 4 Back to Agenda Marijuana Extraction Construction value Apply Table 1 to (contract price or construction value materials x 2) Fire Construction permits unless otherwise listed Construction value Apply Table 1 to (contract price or construction value materials x 2) Fire Operational Amount Calculation Carbon Dioxide Systems Construction value Apply Table 1 to (contract price or construction value materials x 2) High Piled Storage Construction value Apply Table 1 to (contract price or construction value materials x 2) Marijuana Extraction Construction value Apply Table 1 to (contract price or construction value materials x 2) Temporary Tent or Membrane Structure Permit required. No permit fee. Fire operational permits unless otherwise listed Construction value Apply Table 1 to (contract price or construction value materials x 2) Plumbing Permit Fees Plumbing permit fees shall be calculated using the commercial and residential schedules in Tables 5 and 6. TABLE 5: Commercial Plumbing Permit Fees Commercial Plumbing Fixtures Fee Per Base Fee Applied to All Plumbing Permits $23.50 Flat Fee Backflow protective device 2 inches or less $9.80 Each Backflow protective device larger than 2 inches $15.00 Each Clothes Washing Machine $9.80 Each Dish Washer $9.80 Each Drainage Pipe or Vent Pipe Repair or Alteration $9.80 Each Drinking Fountain $9.80 Each Floor Drain $9.80 Each Hose Bibbs, each $1.00 Each Industrial/Sand Oil Interceptor $9.80 Each Grease Interceptor $9.80 Each Lawn Sprinkler System with Backflow Device $9.80 Each Medical Equipment / Kidney Machine $9.80 Each Medical Gas, each additional outlet in excess of first 5 $5.00 Each Medical gas system up to 5 outlets $50.00 Each Misc. Plumbing fixtures on one trap $9.80 Each Roof Drain $9.80 Each Sewer Line Repair and/or Replace, Exterior $50.00 Each Sewer Pipe Change, Interior $9,80 Each Sink (Lavatory, Kitchen, Mop, or Bar Sink) $9.80 Each Floor Sink and /or Indirect Waste $9.80 Each Multi - Compartment Sink 80 Each Back to Agenda Shampoo Sink w/interceptor $9.80 Each Toilet, Water Closet, Bidet, or Urinal $9.80 Each Tub with or without Shower, or Shower $9.80 Each Water Heater $9.80 Each Water Line Repair and/or Replace, Exterior $50.00 Each Water Pipe Change, Interior $9.80 Each Other $9.80 Each TABLE 6: Residential Plumbing Permit Fees Residential Plumbing Fixtures Fee Per Base Fee applied to all Plumbing Permits $23.50 Flat Fee Clothes Washer $7.00 Each Dishwasher $7.00 Each Floor Drain $7.00 Each Hose Bibb $1.00 Each Hot Tub $14.80 Each Lawn Sprinkler with backflow preventer $7.00 Each Sewer Line Repair and/or Replace, Exterior $50.00 Each Sewer Pipe Change, Interior $7.00 Each Sink (Lavatory, Kitchen, Mop) $7.00 Each Tub with or without shower, or shower $7.00 Each Toilet, Bidet or Urinal $7.00 Each Water Heater $7.00 Each Water Line Repair and/or Replace, Exterior $50.00 Each Water Pipe Change, Interior $7.00 Each Other $7.00 Each Mechanical Permit Fees Mechanical permit fees shall be calculated using the commercial and residential schedules in Tables 7 and 8. TABLE 7: Commercial Mechanical Permit Fees Commercial Mechanical Fixtures Fee Per Mechanical Permit Base Fee $23.50 Flat Fee Air -Handling Unit < 10,000 CFM $14.80 Each Air -Handling Unit > 10,000 CFM $18.10 Each Type 1 Hood & Duct Systems $10.65 Each Type 2 Hood & Duct Systems $10.65 Each Clothes Dryer with exhaust $10.65 Each Compressors $14.70 Each Cook stove only $10.65 Each Ducting Change without New Furnace $13.70 Each Evaporative Coolers, permanently installed $10.65 Each Fan for Bath and/or Exhaust Fan $7.25 Each Commercial Furnace & Ducting < 100,000 btu $14.80 Each Commercial Furnace & Ducting > 100,000 btu $18.20 Each Combo Gas pipe / Water Heater / Furnace $35.45 Each Fuel System Outlets in excess of the first 4 $2.00 Each Fuel Pipe System LPG, Natural Gas, OIL (first 4 0 let 10.65 Each 0 Back to Agenda Miscellaneous Mechanical Equipment $10.65 Each Mechanical System Pumps (Misc.) $10.65 Each Radiant Heat Units (wall, ceiling, floor, recessed, etc.) $10.65 Each Unit Heater Suspended or Floor Mount $14.80 Each Gas Water Heater Vent & Combustion Air Propane tank over 2000 gallons $10.65 Each $10.65 Each TABLE 8: Residential Mechanical Permit Fees Residential Mechanical Fixtures Fee Per Air conditioning, separate install from furnace $14.80 Each Base Fee applied to all Mechanical Permits $23.50 Flat Fee Bath Fan and/or Exhaust Fan $7.25 Each Clothes Dryer w/exhaust $10.65 Each Cook Stove w/exhaust $10.65 Each Fireplace - Gas or Gas log inserts $12.00 Each Fireplace - Wood or Wood Stove $12.00 Each Furnace — Electric, +/- AC, Heat Pump, ducting $14.80 Each Furnace Natural Gas +/- Ducting $14.80 Each Furnace Propane +/- Ducting $14.80 Each Fuel Pipe System LPG, Natural Gas, Oil $10.00 Each Gas pipe stub -out $10.65 Each Gas Water heater, Vent and Combustion Air $10.65 Each Generator $10.65 Each Heater, Wall or Baseboard $10.65 Each Mini Split System, AC and/or Heat $14.80 Each Misc. Mechanical Equipment $10.65 Each Propane Fuel Tank Under 2000 Gallons $10.65 Each C. Planning and Land Use Fees The planning and land use permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. TABLE 9: Subdivisions Short Subdivision, Preliminary $1,200 Short Subdivision, Final $700 Short Subdivision, Preliminary, or Alteration $600 Short Subdivision, Final, Vacation or Alteration $500 Preliminary Subdivision Plats 5-20 lots $2,100 plus Hearing Examiner Fee Preliminary Subdivisions Plats 21+ Lots $2,100 + $50 Per Lot plus Hearing Examiner Fee Minor Modifications to a Preliminary Plat $600 Major Modifications to a Preliminary Plat, 5- 20 lots $2,100 plus Hearing Examiner fees Major Modifications to a Preliminary Plat, 21+ lots $2,100 + $50 per lot plus Hearing Examiner fees Boundary Line Adjustment $300 7 Back to Agenda Final Plat $1,100 + 50 Per Lot Final Plat, vacation or alteration $1,100 + $50 per lot plus Hearing Examiner fees Binding Site Plan, Preliminary $1,200 Binding Site Plan, Preliminary, Alteration $500 Binding Site Plan, Final $700 Binding Site Plan, Final, Alteration or Vacation $500 TABLE 10: SEPA Project Checklist Review and Threshold Determination $300 Non -Project Checklist Review and Threshold Determination $300 Environmental Impact Statement Preparation Actual Cost, See SEPA Ord. Environmental Impact Statement Review Actual Cost, See SEPA Ord. TABLE 11: Shoreline Permits Administrative Shoreline Substantial Development Permit $600 Shoreline Substantial Development Permit $900 plus Hearing Examiner Fee Shoreline Exemption (Letter) $150 Shoreline Conditional Use Permit $1,275 plus Hearing Examiner Fee Administrative Shoreline Conditional Use Permit $600 Shoreline Variance $1,275 plus Hearing Examiner Fee Administrative Shoreline Variance $600 TABLE 12: Land Use Permits Conditional Use Permit $1,375 plus Hearing Examiner Fee Critical Areas Exemption Request $75 Critical Areas Exception $1,275 plus Hearing Examiner Fee Critical Areas Variance $1,275 plus Hearing Examiner Fee Modification to Overlay District Boundaries $1,275 plus Hearing Examiner Fee Rezone (without Comp Plan Amendment) $1,375 plus Hearing Examiner fee Temporary Use Permit $150 Temporary Use Permit Extension $150 Variance, Administrative $300 Variance $1,275 plus Hearing Examiner Fee Variance, View Protection Overlay District $1,275 plus Hearing Examiner fee Page 105 of 174 Back to Agenda TABLE 13: Other Review Request for a statement of restrictions per RCW 35.21.475 $75 Accessory Dwelling Units $75 $75 minimum, an additional deposit may be required if city attorney review is required, any city attorney expenses related to an application for an Administrative Interpretation (POMC Chapter administrative application shall be paid by 20.10) the applicant prior to issuance of a decision Nonconforming Use $150 $150 (100% is credited to a subsequent related land use application if filed within Pre -Application Meeting 12 months) $1, 000 Applied to the city's costs including city attorney fees regardless of whether a Development Agreements development agreement is approved Comp Plan Amendment (Text) $500 Comp Plan Amendment (Map) $1,875 Forest Practices Application (Local Approval) $300 $150 (up to 100% credited to a subsequent related permit application if filed within 12 Pre -Submittal Design Review months) Tax Abatement Exemption Application $1,500 Zoning Verification Letter $75 Signs Permits Signs may also require a building permit. See Section 13.2 and Table 3. TABLE 14: Sign Permits A -Board Sign $25 Permanent Sign $50 Master Sign Plan Permit $300 Placement of WSDOT directional sign $75 Sign Variance $300 D. Public Works Department Fees Page 106 of 174 0 Back to Agenda The Public Works Department permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. TABLE 15: Public Works Department Permits and Fees Public Works Cost Note No more than one minor LDAP may be issued for the same Minor Land Disturbing Activity Review and property (parcel Permit (disturbances of less than 1,000 and/or address) in any square feet) $50 365 day period. (Paid at the time of $100 base fee, plus $100 for application submittal — the first acre of disturbance covers Land Disturbing + $25 for each additional Activity plan review acre of Disturbance above 1 costs). Acres of acre. Area to be rounded up disturbance should be Land Disturbing Activity Permit Plan to the next higher acre. rounded up to the Review $100 minimum fee. nearest acre. $100 for the first acre of disturbance + $50 for each (Paid at time of permit additional acre of issuance — covers Land Disturbance above 1 acre. Disturbing inspection Area to be rounded up to costs). Acres of the next higher acre. $100 disturbance rounded Land Disturbing Activity Permit minimum fee. up to the nearest acre. $100 for the first 3,000 square feet of new and replaced hard surface to be (Paid at the time of constructed + $25 for each application submittal — additional 3,000 square feet covers hard surface or fraction thereof of hard and stormwater surface to be constructed. improvement plan Stormwater Drainage Permit Plan Review $100 minimum fee. review costs). $100 for the first 3,000 square feet of new and replaced hard surface to be Stormwater Drainage constructed + $50 for each Permit (Paid at time of additional 3,000 square feet permit issuance — or fraction thereof of hard covers hard surface surface to be constructed. and stormwater Stormwater Drainage Permit $100 minimum fee. inspection costs) Street Use Permit Application Fee $50 Tree cutting permit $50 The applicant shall pay the actual fee, including city attorney costs, for preparing the Latecomer Agreement Review Fee $500 Deposit latecomer agreement For uses which do not ROW Permit, Tier 1 $50 include the physical 10 Back to Agenda disturbance of the right-of-way. For activities which alter the appearance, or disturb the surface or sub -surface, or allow long term use of the ROW Permit, Tier 2 $230 right-of-way. Violator must obtain the required permit Permit fee is doubled; $65 and pay twice the Work without a Permit — Penalty minimum. normal permit fee TABLE 16: Street Vacations Street Vacation Petition Fee $120 Street Vacation Appraisal Fee (Refundable Deposit) $500 Deposit, Petitioner shall pay the actual cost of the appraisal. TABLE 17: Impact Fee Deferrals (POMC 20.182.110(4)) Application for Impact Fee Deferral $300 minimum Lien release for Impact Fee Deferral $300 minimum TABLE 18: Residential Parking Permits Residential Parking Permit $10 Replacement Parking Permit $5 Temporary Residential Parking Permit $10 Bed and Breakfast Parking Permit $10 Concurrency (POMC 20.180) 1. Concurrency (Capacity Reservation Certificate) applications fees shall be based on the following table. Each type of application (Transportation, Water, or Sewer) shall include payment of an application fee (A) plus any consultant fees charged to the city (B) for concurrency review as applicable. 2. The Director of Public Works shall make all determinations as to whether an application is to be reviewed by the city or to be sent to the consultant for review. 3. When consultant review is required, the applicant shall pay the actual fee incurred by the city. Any balance owed shall be paid prior to the issuance of a concurrency certificate. TABLE 19: Concurrency Review Type of Review A B Application Fee (also Review Performed by Consultant: the total review fee for A scope and fee shall be obtained from the applications reviewed Consultant after the application is received. in house by the City) Transportation $150 Either Tier 1 (limited review) or Tier 2 (full review) fixed fees listed in consultant fee schedule. For projects that do not fit the categories, the fee will be determined on PM peak hour trip generation, or as determined in a not -to -exceed task order. Page 108 of 174 11 Back to Agenda Water $150 The applicant shall pay the amount shown in the scope and fee provided by the City's Consultant. Sewer $150 The applicant shall pay the amount shown in the scope and fee provided by the City's Consultant. E. Hourly Rates. A minimum of one hour shall be charged per staff member when using the hourly rates. Additional charges shall be by the quarter hour per staff member. Plan review fees shall apply to revisions to plans or documents which were previously reviewed and approved. The fee shall be equal to the hourly rate for all staff performing the review, or the full permit plan review fee, whichever is less. The hourly rates shall be used to calculate deductions to refunds. A Reinspection fee is charged at the hourly rate for reinspection after the same inspection fails for the second time. TABLE 20. Type Hourly Rate Notes Plan Review, Building/Fire $75 Plan Review, Planning - DCD $75 Plan Review, Engineering— Public Works $85 Administrative, Permit Center $60 Reinspection, Building/Fire $75 After two prior inspections for same work Reinspection, Public Works $75 After two prior inspections for same work Reinspection, Planning $75 After two prior inspections for same work Inspections outside of normal business hours, Public Works Hourly rate x 1.5 $75 Minimum charge: 2 hours Alternate methods and materials review, Building $75 F. Work by Outside Consultants: Building and Fire Codes. 1. The jurisdiction may send permit applications to third -party consultants for plan review. The plan review fee paid as described in Section B covers the City's consultant cost, except for the following reviews: a. Third and subsequent submittals. The applicant shall pay the actual hourly costs as listed in table 21 for all 3rd and subsequent submittals. b. Projects with total valuation exceeding $10,000,000, or projects of a significant complexity that require outside review such as courthouses, schools, hospitals as determined by the Building Official. For projects as described in this subsection, the initial plan review fee shall be applied to the 3rd party consultant review fee. If that fee is inadequate to fully pay the actual plan review fee then the applicant shall be billed for the additional cost as described in subsection 3 below. 2. The city may provide inspections by contracted services. Permit fees cover the consultant's inspection charges except for afterhours inspection. 3. The plan review fees and afterhours inspection fees as described in Sections 1 and 2 shall be billed at the rates provided in table 21. 4. The fees charged listed in table 21 shall are based on an hourly rate must be paid in full prior to the issuance of the permit, approval, denial, decision or recommendation, final inspection, or issuance of Certificate of Occupancy, as applicable to the type of pEwEggi d when the work is performed. 12 Back to Agenda 5. When the hourly rate is used for consultants, the fee may be rounded to the quarter hour. TABLE 21. Building and Fire Code: Consultant Services Hourly Rates. Types listed represent the most frequently used rates. Type Rate Notes Plan Review, 3rd and subsequent reviews $110 / hour Subject to current contract Plan Review, revisions to approved plans $110 / hour Subject to current contract Fire Code Plan Review: Reviewer $110 / hour Subject to current contract Technician $85 / hour Subject to current contract Inspections, outside of normal business hours $120 / hour Subject to current contract G. Work by Outside Consultants: Other Services. The applicant shall be required to pay the actual cost of 3rd party review by qualified consultants under contract with the city. 1. Special Reports Review. a. When an application includes the submittal of special reports and/or plans such as habitat management plans, geotechnical reports, or traffic impact analyses requiring review beyond the capabilities of city staff, the city will obtain a fee estimate from its consultant for the scope of work, and provide that estimate to the applicant for payment to the city. The city shall authorize the consultant to proceed once the payment has been received. b. If additional special review by the consultant is required, and amended scope of work and new estimate shall be obtained by the city for payment by the applicant before the additional work by the consultant can proceed. c. If the consultant's fee total is less than the full amount paid by the applicant, the remainder shall be refunded according to section K. and table 25. 2. Alternative Forms Review. When the applicant proposes to use an alternative form instead of the city's standard approved form, the city may request review by the city attorney of the alternative form if a legal determination is required to ensure that the language in the proposed form adequately addresses the city's interests. The cost of review shall be paid by the applicant at the attorney's hourly rate. H. Appeal Fees. Fees are collected when the appeal is filed. Any appeal statement must be filed on the deadline established in the City's code relating to the specific appeal, together with a certified check in the amount of the appeal fee. If the City Council is the decision -maker on the appeal, only the appeal fee shall be charged. If any appellant believes that the payment of the appeal fee creates a financial hardship, it shall submit a request for an appeal waiver with the appeal statement on or before the deadline established in the City's code relating to the specific appeal. This request for an appeal waiver shall describe the appellant's financial situation and why payment of the appeal fee creates a financial hardship. As an example, the appellant may provide evidence that the appellant resides in a low-income household, which would include a single person, family or unrelated persons living together, whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for Kitsap County. TABLE 22: Appeal Type Appeal Body Amount Abatement Hearing Officer $100 Page 11 U of 1 (4 13 Back to Agenda Building Code Building Board of Appeals $450 (BBOA) Concurrency Denial Public Works Director $100 Development Agreement Same as underlying permit Depends on underlying permit. or associated legislative approval Director's Code Superior Court Appeals and any associated fees Interpretation go directly to Superior Court. Fire Authority's Decision Building Board of Appeals $450 (BBOA) Illicit Discharge Detection City Council $450 and Elimination (IDDE) Notice and Order, revocation of permit, or assessment of costs of abatement IDDE Appeal, independent City Council $500 $ 500 deposit faF consultant services Consultant services, actual costs to be paid. See Section F for consultant fees. Impact Fee Amount Director $100 Reconsideration Impact Fee Amount Hearing Examiner $450 Established Upon Reconsideration by the Director Impact Fee Credit Director $100 Reconsideration Impact Fee Credit Hearing Examiner $450 Established Upon Reconsideration by the Director SEPA Appeal Same as underlying permit $450 Street Use Permit Hearing Examiner $100 Type I, Director's Decision Superior Court Appeals and any associated fees go directly to Superior Court. Type II Permit Hearing Examiner $450. Type II Permit, Deposit for a Hearing Examiner Deposit is based on fee estimate certified transcription of from transcription service. After hearing for appeal from the final invoice, any remainder of Hearing Examiner's decision the deposit shall be refunded. Any fees in excess of the deposit shall be paid by the applicant. Type II Permit, appeal of Superior Court Appeals and any associated fees Hearing Examiner's appeal go directly to Superior Court. decision Type III permit, appeal of Superior Court Appeals and any associated fees Hearing Examiner's decision go directly to Superior Court. Hearing Examiner Fees. Hearing Examiner fees (excluding appeals to the Hearing Examiner) shall be the Hearing Examiner's actual costs, plus an administrative fee. Page 111 of 174 14 Back to Agenda Fees and deposits are required to be paid when the application is submitted. Hearing examiner fees will be secured from the deposited amount and any remainder shall be refunded to the applicant at the end of the appeal period. Hearing Examiner fees in excess of the deposit amount will be billed to the applicant, and preliminary approval of the project will be conditioned subject to payment of outstanding Hearing Examiner fees. City projects which require Hearing Examiner services are exempt from the deposit requirement. Instead, the bill from the Hearing Examiner shall be routed to the appropriate department for payment. TABLE 23: Type Amount TYPE III Hearing, Administrative fee $250 (non-refundable) Type III Hearing, deposit $3,000 deposit Appeal fee, for appeal of Hearing Examiner decision See Table 22. Appeal Fees Appeal fee, for appeals to the Hearing Examiner See Table 22. Appeal Fees. J. Other Fees. TABLE 24: Other Fees Electronic documents on digital storage media or devices Actual cost Photocopies, 8 % x 11 $0.15 per page Public Notice signs Actual cost + 25% Mailing fee for Developer's issued permit package USPS Priority Flat Rate + 25% Technology Fee, for each permit application entered in the electronic permitting system. $10 (non-refundable) The applicant is responsible for paying recording fees for permit -related documents required to be Actual cost of recording is paid directly to the recorded with the Kitsap County Auditor. County Auditor. $75 for each occurrence (not charged when a Work Without a Permit Posted Stop Work penalty is required at the same time) Notary Service $10 per stamp K. Refunds. Refunds may be requested using the Permit Center's refund request form. Refund requests must be made within one year of the original payment date. Refund requests must be made prior to the expiration of the permit or application. Refunds shall be issued as authorized by the director. Prior to release of any refund, • All fees or charges owed on the subject application or permit will be deducted. • All fees or charges owed on associated applications or permits will be deducted. • Expended staff hours for application revieW,9pr1J89s1T* or inspection will be deducted. 15 Back to Agenda Staff hours shall be calculated at the hourly rate in Table 20. The following items shall not be eligible for refund: • Technology fee. • Plan review fees once the permit has been issued. • Charges for work without a permit. • Convenience fee for credit/debit card payment. • Public Notice signs if posted on the property. • Consultant fee after work has been performed. TABLE 25: Type Amount Plan Review fees for withdrawn, cancelled Expended staff hours shall be deducted. or returned building or fire permit No refund shall exceed 80% of the plan review fee. application prior to issuing a permit: Building or Fire Permit Fees: If the permit fee was paid and the application cancelled or withdrawn prior to issuance, 100% of the permit fee may be refunded provided no staff hours have been expended for inspections or preparing the permit for issuance. Expended staff hours shall be deducted after a permit has been issued. No refund shall exceed 80% of the permit fee after a permit has been issued. Land Use Permit/Application Fees: Expended staff hours shall be deducted. No refund shall exceed 80% of the initial application fee. Plan Review fees for withdrawn, cancelled Expended staff hours shall be deducted. or returned Public Works LDAP or SDP No refund shall exceed 80% of the plan review fee. permit applications prior to issuing a permit: LDAP or SDP Permit Fees: If the permit fee was paid and the application cancelled or withdrawn prior to issuance, 100% of the permit fee may be refunded. Expended staff hours shall be deducted after a permit has been issued. No refund shall exceed 80% of the permit fee after a permit has been issued. Consultant Fees If consultant fees are less than the initial estimate, the remainder shall be refunded after the consultant work is completed. Page 113 of 174 16 Back to Agenda Building Valuation Data - February 2022 Important Points The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. • The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, 111 B IV VA VR A-1 Assembly, theaters, with stage 309.06 298.66 291.64 280.58 263.98 255.82 272.02 244.80 237.02 A-1 Assembly, theaters, without stage 282.85 272.45 265.42 215.36 202.99 229.61 245.81 218.59 210.80 A-2 Assembly, nightclubs 237.31 230.23 224.56 215.36 202.99 197.40 207.69 183.68 177.40 A-2 Assembly, restaurants, bars, banquet halls 236.31 229.23 222.56 214.36 200.99 196.40 206.69 181.68 176.40 A-3 Assembly, churches 286.90 276.49 269.47 258.42 242.23 234.07 249.86 223.05 215.26 A-3 Assembly, general, community halls, libraries, museums 244.77 234.37 226.34 216.29 198.94 191.79 207.73 179.77 172.98 A-4 Assembly, arenas 281.85 271.45 263.42 253.37 235.77 228.61 244.61 216.59 209.80 B Business 240.90 232.07 223.51 214.08 194.91 187.36 205.68 172.02 164.34 E Educational 257.70 248.89 242.35 231.90 216.47 205.54 223.92 189.21 183.31 F-1 Factory and industrial, moderate hazard 144.93 138.11 130.39 125.40 112.49 107.10 120.02 92.69 86.88 F-2 Factory and industrial, low hazard 143.93 137.11 130.39 124.40 112.49 106.10 119.02 92.69 85.88 H-1 High Hazard, explosives 135.29 128.47 121.75 115.76 104.14 97.75 110.39 84.34 0.00 H234 High Hazard 135.29 128.47 121.75 115.76 104.14 97.75 110.39 84.34 77.53 H-5 HPM 240.90 232.07 223.51 214.08 194.91 187.36 205.68 172.02 164.34 1-1 Institutional, supervised environment 244.45 236.08 229.06 219.82 202.16 196.58 220.10 181.25 175.81 1-2 Institutional, hospitals 401.22 392.40 383.83 374.40 354.29 0.00 366.00 331.40 0.00 1-2 Institutional, nursing homes 279.15 270.32 61.76 252.33 234.64 0.00 243.93 211.75 0.00 1-3 Institutional, restrained 273.40 264.57 256.00 246.57 229.13 220.58 238.17 206.24 196.56 1-4 Institutional, day care facilities 244.45 236.08 229.06 219.82 202.16 196.58 220.10 181.25 175.81 M Mercantile 177.02 169.94 163.27 155.07 142.48 137.88 147.40 123.17 117.89 R-1 Residential, hotels 246.94 238.56 231.54 222.30 204.35 198.77 222.58 183.44 178.00 R-2 Residential, multiple family 206.81 198.43 191.41 182.17 165.41 159.83 182.46 144.50 139.06 R-3 Residential, one- and two-familyd 192.58 187.37 182.53 178.04 172.85 166.59 175.01 160.35 150.87 R-4 Residential, care/assisted living facilities 244.45 236.08 229.06 219.82 202.16 196.58 220.10 181.25 175.81 S-1 Storage, moderate hazard 134.29 127.47 119.75 114.76 102.14 96.75 109.39 82.34 76.53 S-2 Storage, low hazard 133.29 126.47 119.75 113.76 102.14 95.75 108.39 82.34 75.53 U Utility, miscellaneous 104.98 99.04 93.31 89.21 80.44 74.45 85.33 63.42 60.43 a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct 20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $23.20 per sq. ft. Page 114 of 174 17 Back to Agenda RESOLUTION NO. 034-20 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING AND REPLACING RESOLUTION NO. 046-18 AND RESOLUTION NO.019-08 AND ESTABLISHING NEW FEE SCHEDULES FOR THE DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS. WHEREAS, the City of Port Orchard is responsible for implementing land use regulations, planning and public works requirements, administering the building code, and other administrative duties; and WHEREAS, the City incurs administrative costs associated with the implementation of city regulations and policies; and WHEREAS, the City Council has adopted, through ordinance, regulations calling for the establishment of administrative fees to be set by resolution of the Council; and WHEREAS, the City's current Community Development and Public Works Departments administrative fees were adopted in September 2018, with an effective date of October 15, 2018, as set forth in Resolution No. 046-18; and WHEREAS, the City's current Hearing Examiner fees were adopted in March 2008 as set forth in Resolution No. 019-08; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update the City's administrative fees to ensure the fees are consistent with the services provided and cover the public cost of providing these services so that the public is not subsidizing individual benefits derived from public services; now, therefore, AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES THAT: Resolution No. 046-18 and Resolution No. 019-08 are hereby repealed in their entirety effective as of 11:59 pm on September 30, 2020. THAT: The rates, fees and charges charged by the Community Development and Public Works Departments for the specified services are here by adopted as set forth on Exhibit "A" hereto, which is adopted by this reference. THAT: This Resolution shall become effective immediately upon passage, but the fees set forth on Exhibit "A" shall be levied beginning at midnight, 12:00 a.m., October 1, 2020. THAT: Upon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this resolution including, but not limited to, the correction of scrivener's/clerical errors, references, numbering, section/subsection numbers and any reference thereto. THAT: Provisions of this Resolution are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Resolution or the Page 115 of 174 Back to Agenda Resolution No. 034-20 Page 2 of 20 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the Resolution, or the validity of its application to other persons or circumstances. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 18th day of August 2020. ATTEST: 1 n arson, MMC, City Clerk - 7�L�- Robert Putaansuu, Mayor ••I�glrtis 11I I I rrr!!�r ••••F pOR� pR'��.,. uC' SEAL _ ��!!N! I I 11111 11 Page 116 of 174 Back to Agenda Exhibit A to Resolution 034-20 FEE SCHEDULES FOR DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS A. General 1. No permit shall be issued, application accepted, service provided, or appeal filed without payment of the applicable fee set forth below. 2. References to the director refer to the director of the Department of Community Development or his/her designee. 3. When an application includes the submittal of special reports and/or plans such as habitat management plans, geotechnical reports, or traffic impact analyses requiring review beyond the capabilities of city staff, the applicant shall be required to pay the actual cost of 3rd party review by qualified consultants under contract with the city. Upon determining that 3rd party review of special reports or plans is required, the city will obtain a fee estimate from its consultant and provide that estimate to the applicant and request payment to the city. 4. Some projects require more than one permit. A project may require the payment of numerous fees from the tables below. 5. No inspections, including final inspections, will be scheduled or performed until all outstanding fees are paid. 6. Refunds: Refunds may be requested using the Permit Center's refund request form. a. Building Permit fees: Refunds shall be issued at an amount equal to the permit fee less actual time and materials spent on the project; provided no refund shall exceed 80% of the initial permit fee for a permit that was issued by the City. If the permit fee was paid and a refund was requested prior to permit issuance, 100% of the permit fee may be refunded. b. Plan Review Fees: If an application is withdrawn, cancelled or returned prior to issuing a permit, a refund shall be issued at an amount equal to the plan review fee less actual time and materials spent on the project, provided no refund shall exceed 80% of the plan review fee. Plan review fees are non-refundable once the plan review has been completed or if the permit has been issued. c. Land Use Permit/Application fees: Refunds for Land Use permits may be authorized by the director. Refunds shall be issued at an amount equal to the permit fee less actual time and materials spent on the project; provided no refund shall exceed 80% of the initial permit fee. B. Building, Plumbing, and Mechanical Fee Policies 1. No temporary or final certificate of occupancy will be approved or issued for a project with any outstanding fees on any permit associated with the project. 2. Some signs require a building permit in addition to a land use (sign) permit. In these instances, the permit fees are additive. When an applicant is required to obtain a sign permit and a building permit, separate fees are required for each permit. 3. Per 2015 IBC 109.3, the applicant for a permit shall provide an estimated construction value at the time of application. The amount shall be rounded up to the next whole dollar. The amount shall be the contractor's bid price. For work not done by a contractor, the construction value shall include the price of materials, plus the fair market value of any donated, contributed or found materials, multiplied by two (2). Construction value calculated on 100 square feet shall be rounded up to the next 100 square feet for any portion thereof. Page 1117 of 174 Back to Agenda 4. Single family home builders who wish to reuse a plan set to construct more than one home using the same plan set may do so by utilizing a "basic plan" review process. When an applicant wishes to establish a basic plan set for reuse, the plans shall initially be reviewed upon payment of the city's standard plan review fee. Once plan review is complete and if the City finds that the plans conform to the requirements of the Building Code, the plans shall be approved as a basic plan set and marked as such for reuse. For each use of the plan, the applicant shall pay a reduced plan review fee as established in Table 3 in lieu of the full plan review fee. The use of an approved basic plan set shall have no effect on the building permit fee (only the building permit plan review fee). Plans may not be reused if the city's building code has been updated unless the plans have been re -reviewed (upon payment of the full plan review fee) and approved for conformance with the updated building code. TABLE 1: Fee Calculations. Permit fees and Plan Review fees shall be determined by using the calculations found in Table 1. Valuations shall be determined using the IBC Building Valuation Data Table (BVD) (currently the February 2020 table as attached hereto) except as noted in the BVD Table and as otherwise set in Tables 2and 3. Total Valuation FEES (Permit Fee = 100% Plan Review Fee = 65%) $1 to $500 $36.00 $36.00 for the first $500 plus $4.00 for each additional $100, $501 to $2,000 or fraction thereof, to and including $2,000 $96.00 for the first $2,000 plus $17.00 for each additional $2,001 to $25,000 $1,000, or fraction thereof, to and including $25,000 $487.00 for the first $25,000 plus $12.00 for each additional $25,001 to $50,000 $1,000, or fraction thereof, to and including $25,000 $787.00 for the first $50,000 plus $9.00 for each additional $50,001 to $100,000 $1,000, or fraction thereof, to and including $100,000 $1,237.00 for the first $100,000 plus $7.00 for each additional $1000, or fraction thereof, to and including $100,001 to $500,000 $500,000 $4,037.00 for the first $500,000 plus $6.00 for each additional $1,000, or fraction thereof, to and including $500,001 to $1,000,000 $1,000,000 $7,037.00 for the first $1,000,000 plus $5.00 for each $1,000,001 and up additional $1,000, or fraction thereof TABLE 2: Residential Single Family Building Permit Type Amount Unit of Measure Finish an existing basement $82.95 square foot Conversion of an existing garage to residential space $59.79 square foot New, repair, or alteration or addition to deck, uncovered $13.04 square foot New Foundation only or under existing structure $13.04 square foot New garage, shed, barn, or pole building (attached or detached) $38.16 square foot Page 1 of 174 Back to Agenda Covered porch, covered deck; new, alteration, repair, or cover added $21.07 square foot New, remodel, or repairs to freestanding roof structures and carports, other than porch or deck $21.07 square foot Residential Interior Remodel $19.67 square foot TABLE 3: Miscellaneous: Unit of Building Permit Code Amount Measure Per Linear Shoreline bulkhead walls $118 Foot Demolition $65 Each Per Linear Fences over 6 feet in height $11.74 Foot Per Linear Retaining walls $19.67 Foot Re -inspection (charged for the 2"d reinspection and subsequent re -inspections of the same inspection). $65 Each Construction value (contract Apply Construction price or Fire Alarm, new or alterations to existing Value to Table 1 materials x 2) Construction value (contract Apply Construction price or Fire Sprinkler, new or alterations to existing Value to Table 1 materials x 2) Construction value (contract Apply Construction price or Fire Suppression System Value to Table 1 materials x 2) Construction value (contract Apply Construction price or Tank: Underground or Above Ground, Installation or Removal Value to Table 1 materials x 2) Pyrotechnics Special Effects $65 Each Calculate construction Apply Construction value at $90 Roof: Hot Mop/Cold Mop (flat roof) Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $70 Roof: Composition, Metal Value to Table 1 per 100 SQ FT Page 1 tb of 174 Back to Agenda Calculate construction Apply Construction value at $140 Roof: Wood Shake Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $140 Roof: Concrete, Tile, Slate Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $90 Roof: Torch Down Value to Table 1 per 100 SQ FT Construction value (contract Apply Construction price or Residential Misc. Value to Table 1 materials x 2) Construction value (contract Apply Construction price or Commercial Tenant Improvement and Misc. Value to Table 1 materials x 2) Tenant Certificate of Occupancy for new business; All other C of O included in building permit fee. $65 Each Revised Certificate of Occupancy for business name or ownership change, or property ownership change. $50 Each Manufactured or mobile home placed on lot or first time placement in MH park $130 Each Manufactured or mobile home replacement in MH park $65 Each Expired Permit Reactivation, no plan changes 50% of original fee Permit fee is Work without a permit — penalty; doubled, $65 Violator must obtain the necessary permit. minimum. Construction value Apply Construction (contract or Sign (when a building permit is required) Value to Table 1 materials x 2) Carport or Canopy, pre-fab kit installation $100 Each Calculate construction Apply Construction value at $70 Siding or Re -siding Value to Table 1 per 100 SQ FT Solar energy/photovoltaic panel system roof mounted install per WAC 51-51-2300 Sec. M2302 $135 Each Single Family Residential plan review using a basic plan on a site specific lot $225 Each Apply Construction Construction Windows or Doors Value to Table 1 value Page 1A of 174 Back to Agenda (contract price or materials x 2) Per hour, Plan review fee, minor revisions to plans which were previously minimum 1 reviewed and approved. $75 hour. Plan review fee, substantial revisions to plans which were previously reviewed and approved Full plan review fee Plumbing Permit Fees Plumbing permit fees shall be calculated using the commercial and residential schedules in Tables 4 and 5 below. TABLE 4: Commercial Plumbing Permit Fees Commercial Plumbing Fixtures Fee Per Base Fee Applied to All Plumbing Permits $23.50 Flat Fee Backflow protective device 2 inches or less $9.80 Each Backflow protective device larger than 2 inches $15.00 Each Clothes Washing Machine $9.80 Each Dish Washer $9.80 Each Drainage Pipe or Vent Pipe Repair or Alteration $9.80 Each Drinking Fountain $9.80 Each Floor Drain $9.80 Each Hose Bibbs, each $1.00 Each Industrial/Sand Oil Interceptor $9.80 Each Grease Interceptor $9.80 Each Lawn Sprinkler System with Backflow Device $9.80 Each Medical Equipment / Kidney Machine $9.80 Each Medical Gas, each additional outlet in excess of first 5 $5.00 Each Medical gas system up to 5 outlets $50.00 Each Misc. Plumbing fixtures on one trap $9.80 Each Roof Drain $9.80 Each Sewer Line Repair and/or Replace, Exterior $50.00 Each Sink (Lavatory, Kitchen, Mop, or Bar Sink) $9.80 Each Floor Sink and /or Indirect Waste $9.80 Each Multi - Compartment Sink $9.80 Each Shampoo Sink w/interceptor $9.80 Each Toilet, Water Closet, Bidet, or Urinal $9.80 Each Tub with or without Shower, or Shower $9.80 Each Water Heater $9.80 Each Water Line Repair and/or Replace, Exterior $50.00 Each Water Pipe Change, Interior $9.80 Each Other $9.80 Each TABLE 5: Residential Plumbing Permit Fees Residential Plumbing Fixtures Fee Per Page 1:51 of 174 Back to Agenda Base Fee applied to all Plumbing Permits $23.50 Flat Fee Clothes Washer $7.00 Each Dishwasher $7.00 Each Floor Drain $7.00 Each Hose Bibb $1.00 Each Hot Tub $14.80 Each Lawn Sprinkler with backflow preventer $7.00 Each Sewer Line Repair and/or Replace, Exterior $50.00 Each Sink (Lavatory, Kitchen, Mop) $7.00 Each Tub with or without shower, or shower $7.00 Each Toilet, Bidet or Urinal $7.00 Each Water Heater Water Line Repair and/or Replace, Exterior $7.00 $50.00 Each Each Water Pipe Change, Interior $7.00 Each Other $7.00 Each Mechanical Permit Fees Mechanical permit fees shall be calculated using the commercial and residential schedules in Tables 6 and 7 below. TABLE 6: Commercial Mechanical Permit Fees Commercial Mechanical Fixtures Fee Per Mechanical Permit Base Fee $23.50 Flat Fee Air -Handling Unit < 10,000 CFM $14.80 Each Air -Handling Unit > 10,000 CFM $18.10 Each Class 1 Hood & Duct Systems $10.65 Each Class 2 Hood & Duct Systems $10.65 Each Clothes Dryer with exhaust $10.65 Each Compressors $14.70 Each Cook stove with exhaust $10.65 Each Ducting Change without New Furnace $13.70 Each Evaporative Coolers, permanently installed $10.65 Each Fan for Bath and/or Exhaust Fan $7.25 Each Commercial Furnace & Ducting < 100,000 btu $14.80 Each Commercial Furnace & Ducting > 100,000 btu $18.20 Each Combo Gas pipe / Water Heater / Furnace $35.45 Each Fuel System Outlets in excess of the first 4 $2.00 Each Fuel Pipe System LPG, Natural Gas, OIL (first 4 outlets) $10.65 Each Miscellaneous Mechanical Equipment $10.65 Each Mechanical System Pumps (Misc.) $10.65 Each Radiant Heat Units (wall, ceiling, floor, recessed, etc.) $10.65 Each Unit Heater Suspended or Floor Mount $14.80 Each Gas Water Heater Vent & Combustion Air Propane tank over 2000 gallons $10.65 Each $10.65 Each TABLE 7: Page 1f2 of 174 Back to Agenda Residential Mechanical Permit Fees Residential Mechanical Fixtures Fee Per Base Fee applied to all Mechanical Permits $23.50 Flat Fee Bath Fan and or Exhaust Fan $7.25 Each Clothes Dryer w/exhaust $10.65 Each Cook Stove w/exhaust $10.65 Each Furnace Electric / Heat Pump/AC +/- ducting $14.80 Each Fireplace - Gas or Gas log inserts $12.00 Each Fireplace - Wood or Wood Stove $12.00 Each Furnace Propane +/-Ducting $14.80 Each Gas WH Vent and Combustion Air $10.65 Each Fuel Pipe System LPG, Natural Gas, Oil $10.00 Each Heater, Wall or Baseboard $10.65 Each Misc. Mechanical Equipment $10.65 Each Furnace Natural Gas +/- Ducting $14.80 Each Propane Furnace +/- Ducting $14.80 Each Propane Fuel Tank Under 2000 Gallons Generator $10.65 $10.65 Each Each C. Planning and Land Use Fees The planning and land use permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. Fees are based on an hourly rate of $75.00. TABLE 8: Subdivision POMC Title 26 Short Subdivision, Preliminary $1,100 Short Subdivision, Final $600 Short Subdivision, Preliminary, or Alteration $500 Short Subdivision, Final, Vacation or Alteration $500 Preliminary Subdivision Plats 5-20 lots $2,000 plus Hearing Examiner Fee Preliminary Subdivisions Plats 21+ Lots $2,000 + $50 Per Lot plus Hearing Examiner Fee Planned Residential Development Review per POMC 20.34.200 $500 plus associated Preliminary Subdivision Plat Fee Minor Modifications to a Preliminary Plat $500 Major Modifications to a Preliminary Plat, 5- 20 lots $2,000 plus Hearing Examiner fees Major Modifications to a Preliminary Plat, 21+ lots $2,000 + $50 per lot plus Hearing Examiner fees Boundary Line Adjustment $200 Final Plat $1,000 + 50 Per Lot Final Plat, vacation or alteration $1,000 + $50 per lot plus Hearing Examiner fees Binding Site Plan, Preliminary $1,100 Binding Site Plan, Preliminary, Alteration $500 Page 123 of 174 Back to Agenda Binding Site Plan, Final $600 Binding Site Plan, Final, Alteration or Vacation $500 TABLE 9: SEPA Project Checklist Review and Threshold Determination $300 Non -Project Checklist Review and Threshold Determination $300 Environmental Impact Statement Preparation Actual Cost, See SEPA Ord. Environmental Impact Statement Review Actual Cost, See SEPA Ord. TABLE 10: Shoreline Permits Administrative Shoreline Substantial Development Permit $600 Shoreline Substantial Development Permit $900 plus Hearing Examiner Fee Shoreline Exemption (Letter) $150 Shoreline Conditional Use Permit $1,275 plus Hearing Examiner Fee Administrative Shoreline Conditional Use Permit $600 Shoreline Variance $1,275 plus Hearing Examiner Fee Administrative Shoreline Variance $600 TABLE 11: Land Use Permits Conditional Use Permit $1,275 plus Hearing Examiner Fee Critical Areas Exemption Request $75 Rezone (without Comp Plan Amendment) $1,275 plus Hearing Examiner fee Temporary Use Permit $150 Temporary Use Permit Extension $150 Variance, Administrative $300 Variance $1,275 plus Hearing Examiner Fee Variance, View Protection Overlay District $1,275 plus Hearing Examiner fee TABLE 12: Page t& of 174 Back to Agenda Other Review Request for a statement of restrictions per RCW 35.21.475 $75 Accessory Dwelling Units $75 $75 minimum, an additional deposit may be required if city attorney review is required, any city attorney expenses related to an application for an Administrative Interpretation (POMC Chapter administrative application shall be paid by 20.10) the applicant prior to issuance of a decision Nonconforming Use $150 $150 (100% is credited to a subsequent related land use application if filed within Pre -Application Meeting 12 months) $1,000 Deposit, which will be applied to the city's costs including city attorney fees regardless of whether a development Development Agreements agreement is approved Comp Plan Amendment (Text) $500 Comp Plan Amendment (Map) $1,875 Forest Practices Application (Local Approval) $300 $150 (up to 100% credited to a subsequent related permit application if filed within 12 Pre -Submittal Design Review months) Tax Abatement Exemption Application $1,500.00 Zoning Verification Letter $75 Signs Permits Signs may also require a building permit. See B.4 and Table 3. TABLE 13: Sign Permits A -Board Sign $25 Permanent Sign $50 Master Sign Plan Permit $300 Placement of WSDOT directional sign $75 Sign Variance $300 Page 1:% of 174 Back to Agenda D. Public Works Department Fees The Public Works Department permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. Fees are based on an hourly rate of $100.00. TABLE 14: Public Works Department Permits and Fees Public Works Cost Note No more than one minor LDAP may be issued for the same Minor Land Disturbing Activity Review and property (parcel Permit (disturbances of less than 1,000 and/or address) in any square feet) $50 365 day period. (Paid at the time of $100 for the first acre of application submittal — disturbance + $25 for each covers Land Disturbing additional acre of Activity plan review Disturbance above 1 acre. costs). Acres of Area to be rounded up to disturbance should be Land Disturbing Activity Permit Plan the next higher acre. $100 rounded to the nearest Review minimum fee. acre. $100 for the first acre of disturbance + $50 for each (Paid at time of permit additional acre of issuance —covers Land Disturbance above 1 acre. Disturbing inspection Area to be rounded up to costs). Acres of the next higher acre. $100 disturbance rounded to Land Disturbing Activity Permit minimum fee. the nearest acre. $100 for the first 3,000 square feet of new and replaced hard surface to be (Paid at the time of constructed + $25 for each application submittal — additional 3,000 square feet covers hard surface or fraction thereof of hard and stormwater surface to be constructed. improvement plan Stormwater Drainage Permit Plan Review $100 minimum fee. review costs). $100 for the first 3,000 square feet of new and replaced hard surface to be Stormwater Drainage constructed + $50 for each Permit (Paid at time of additional 3,000 square feet permit issuance — or fraction thereof of hard covers hard surface surface to be constructed. and stormwater Stormwater Drainage Permit $100 minimum fee. inspection costs) Street Use Permit Application Fee $50 Tree cutting permit $50 Page 110 of 174 Back to Agenda Plan Revision Review to Approved Permit Per hour of required Drawings $100 plan review. The applicant shall pay the actual fee, including city attorney costs, for preparing the Latecomer Agreement Review Fee $500 Deposit latecomer agreement For uses which do not include the physical disturbance of the ROW Permit, Tier 1 $50 right-of-way. For activities which alter the appearance, or disturb the surface or sub -surface, or allow long term use of the ROW Permit, Tier 2 $230 right-of-way. Inspections outside of normal business Hourly Rate x 1.5 hours (minimum charge — 2 hours) ($300 minimum) Violator must obtain the required permit Permit fee is doubled; $65 and pay twice the Work without a Permit - Penalty minimum. normal permit fee TABLE 15: Street Vacations Street Vacation Petition Fee $120 Street Vacation Appraisal Fee (Refundable Deposit) $500 Deposit, Petitioner shall pay the actual cost of the appraisal. TABLE 16: Impact Fee Deferrals (POMC 20.182.110(4)) Application for Impact Fee Deferral $300 minimum Lien release for Impact Fee Deferral $300 minimum TABLE 17: Residential Parking Permits Residential Parking Permit $10 Replacement Parking Permit $5 Temporary Residential Parking Permit $10 Bed and Breakfast Parking Permit $10 TABLE 18: Concurrency Review (POMC 20.180) 1. Concurrency (Capacity Reservation Certificate) applications fees shall be based on the following table. Each type of application (Transportation, Water, or Sewer) shall include payment of an application fee (A) plus any consultant fees charged to the city (B or C) for concurrency review as applicable. Type of Review A B C Page 111 of 174 Back to Agenda Application Fee (also Review Performed by Review Performed by the total review fee for Consultant — Consultant — applications reviewed Application submitted Application submitted in house by the City) after a scope and fee prior to obtaining has been obtained scope and fee (Deposit) Transportation $150 The applicant shall pay $1000 Deposit, the the amount shown in actual fee for the scope and fee concurrency review to provided by the City's be paid by the Consultant. applicant Water $150 The applicant shall pay $1000 Deposit, the the amount shown in actual fee for the scope and fee concurrency review to provided by the City's be paid by the Consultant. applicant Sewer $150 The applicant shall pay $1000 Deposit, the the amount shown in actual fee for the scope and fee concurrency review to provided by the City's be paid by the Consultant. applicant 2. The Director of Public Works shall make all determinations as to whether an application be reviewed by the city or be sent to the consultant for review. 3. When a deposit is required pursuant to the above table, the deposit shall be applied to the actual fee incurred by the city. Any balance owed shall be paid prior to the issuance of a concurrency certificate. E. Fire District Review and Inspection Fees. A surcharge on the permit types identified in Tables 19 - 23 shall be collected if Fire District review and/or inspections take place. The minimum fee shall be $100 except where specified in the tables. TABLE 19: BUILDING PERMITS Type Amount Commercial Addition $150 New Commercial Building $400 Tenant Certificate of Occupancy $75 New Cell Tower $150 Commercial or Government Miscellaneous $150 Minor Tenant Improvement: for projects with a construction value under $6,000 $75 Major Tenant Improvement: for projects with a construction value of $6,000 or higher $250 Demolition $75 Commercial Waterfront $150 New Residential: Single family, ADU, Duplex $100 Page 112 of 174 Back to Agenda New Multi -family: Triplex and above $250 Residential Certificate of Occupancy $75 Other Permit Types with Flat Fees $100 TABLE 20: FIRE CODE PERMITS Type Amount Fire Alarm $400 Fire Sprinkler $400 Fire Suppression System $400 Temporary Tent or Membrane Structure $400 Tank Install $400 Tank Decommission $400 High Pile Storage $400 Fire Code permit projects which are identified as highly complex shall be reviewed by a consultant under contract services. In addition to the fee listed above, the consultant fee shall be paid by the applicant and is due when the permit is issued. TABLE 21: LAND USE PERMITS Type Amount Boundary Line Adjustment $250 Conditional Use Permit $250 Plat, Preliminary, or Modifications to $250 Plat, Final or alteration or vacation $250 Binding Site Plan, Preliminary or Final $250 Shoreline: Substantial Development, Conditional Use, Variance $250 Short Plat: Preliminary, Alteration or Final $250 Variance $250 Comprehensive Plan Amendment $250 Zone Reclassification (Rezone) (This fee shall not be charged if paid on a Comprehensive Plan Amendment submitted concurrently) $250 TABLE 22: Page 113 of 174 Back to Agenda PUBLIC WORKS PERMITS Type Amount Land Disturbance Activity Permit and/or Stormwater Drainage Permit (This fee shall not be charged more than once per project if the permits are issued simultaneously) $250 Right -of -Way $75 Other Permit Types with flat fees $100 TABLE 23: OTHER Type Amount Formal Pre -Application Conference (not credited towards a future application fee) $150 Cabaret License $100 Carnival License $100 Event Permit $100 Liquor or Marijuana License $100 Pawn Broker $100 Street Use Permit Application fee $50 F. Appeal Fees. Fees are collected when the appeal is filed. Any appeal statement must be filed on the deadline established in the City's code relating to the specific appeal, together with a certified check in the amount of the appeal fee. Appeals heard by the Hearing Examiner shall include a deposit for the Hearing Examiner's fees charged to the City on the appeal. The deposit shall be returned to the Appellant if the decision by the City is not sustained by the Hearing Examiner. If the hearing examiner sustains the decision, the deposit will be applied to any fees charged by the hearing examiner on the decision or appeal. If the appellant is the project applicant, the hearing examiner fees will be billed to the appellant, and preliminary approval of the project will be conditioned subject to payment of outstanding Hearing Examiner fees. If the City Council is the decision -maker on the appeal, only the appeal fee shall be charged. If any appellant believes that the payment of the appeal fee creates a financial hardship, it shall submit a request for an appeal waiver with the appeal statement on or before the deadline established in the City's code relating to the specific appeal. This request for an appeal waiver shall describe the appellant's financial situation and why payment of the appeal fee creates a financial hardship. As an example, the appellant may provide evidence that the appellant resides in a low-income household, which would include a single person, family or unrelated persons living together, whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for Kitsap County. Page 116 of 174 Back to Agenda TABLE 24: Appeal Type Appeal Body Amount Abatement Hearing Officer $100 Building Code Building Board of Appeals $450 (BBOA) Concurrency Denial Public Works Director $100 Development Agreement Same as underlying permit Depends on underlying permit. or associated legislative approval Director's Code Interpretation Superior Court Appeals and any associated fees go directly to Superior Court. Fire Authority's Decision Building Board of Appeals $450 (BBOA) Illicit Discharge Detection and City Council $450 Elimination (IDDE) Notice and Order, revocation of permit, or assessment of costs of abatement IDDE Appeal, independent City Council $500 - $1,500 deposit for consultant services consultant services, actual costs to be paid. Impact Fee Amount Director $100 Reconsideration Impact Fee Amount Established Hearing Examiner $450 Upon Reconsideration by the Director Impact Fee Credit Reconsideration Director $100 Impact Fee Credit Established Hearing Examiner $450 Upon Reconsideration by the Director SEPA Appeal Same as underlying permit $450 Street Use Permit Hearing Examiner $100 Type I, Director's Decision Superior Court Appeals and any associated fees go directly to Superior Court. Type II Permit Hearing Examiner $450. Type II Permit, Deposit for a Hearing Examiner Deposit is based on fee estimate certified transcription of hearing from transcription service. After for appeal from Hearing the final invoice, any remainder of Examiner's decision the deposit shall be refunded. Any fees in excess of the deposit shall be paid by the applicant. Type II Permit, appeal of Hearing Superior Court Appeals and any associated fees Examiner's appeal decision go directly to Superior Court. Type III permit, appeal of Hearing Superior Court Appeals and any associated fees Examiner's decision go directly to Superior Court. Page 11$ of 174 Back to Agenda G. Hearing Examiner Fees. Hearing Examiner fees (excluding appeals to the Hearing Examiner) shall be the Hearing Examiner's actual costs, plus an administrative fee. Fees and deposits are required to be paid when the application is submitted. Hearing examiner fees will be secured from the deposited amount and any remainder shall be refunded to the applicant at the end of the appeal period. Hearing Examiner fees in excess of the deposit amount will be billed to the applicant, and preliminary approval of the project will be conditioned subject to payment of outstanding Hearing Examiner fees. TABLE 25: Type Amount TYPE III Hearing, Administrative fee $250 (non-refundable) Type III Hearing, deposit $3,000 deposit Appeal fee, for appeal of Hearing Examiner decision See Table 24. Appeal Fees Appeal fee, for appeals to the Hearing Examiner See Table 24. Appeal Fees. H. Other Fees. TABLE 26: Other Fees Electronic documents on digital storage media or devices Actual cost Photocopies, 8 % x 11 $0.15 per page Community Development Maps, 24" x 36", color $9 each Public Notice signs Actual cost + 25% Mailing fee for Developer's issued permit package USPS Priority Flat Rate + 25% Technology Fee, for each permit application entered in the electronic permitting system. $10 (non-refundable) Refund, deduction calculation $75 per hour, staff time Recording fees for permit -related documents recorded with the Kitsap County Auditor Actual Cost Posted Stop Work $65 for each occurrence (not charged when a Work Without a Permit penalty is required at the same time) Notary Service $10 per stamp Page 116 of 174 Back to Agenda Building Valuation Data - February 2020 Important Points The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. • The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, a, c, d Group (2015 International Building Code) IA IB IIA 1113 IIIA IIIB IV VA VB A-1 Assembly, theaters, with stage 247.86 239.47 233.25 223.81 210.17 204.10 216.62 195.46 188.40 A-1 Assembly, theaters, without stage 227.10 218.71 212.49 203.05 189.41 183.34 195.86 174.70 167.65 A-2 Assembly, nightclubs 191.96 186.56 182.12 174.70 164.94 160.39 168.64 149.29 144.33 A-2 Assembly, restaurants, bars, banquet halls 190.96 185.56 180.12 173.70 169.94 159.39 167.64 147.29 143.33 A-3 Assembly, churches 229.69 221.30 215.08 205.64 192.37 187.27 198.45 177.66 170.60 A-3 Assembly, general, community halls, libraries, museums 192.20 183.81 176.59 168.15 153.51 148.44 160.96 138.80 132.75 A-4 Assembly, arenas 226.10 217.71 210.49 202.05 187.41 182.34 194.86 172.70 166.65 B Business 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08 E Educational 209.90 202.64 196.82 188.34 175.49 166.60 181.86 153.45 148.75 F-1 Factory and industrial, moderate hazard 117.60 112.19 105.97 101.84 91.54 87.26 97.61 75.29 70.95 F-2 Factory and industrial, low hazard 116.60 111.19 105.97 100.84 91.54 86.26 96.61 75.29 69.95 H-1 High Hazard, explosives 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 0.00 H234 High Hazard 109.99 104.58 99.35 94.22 85.14 79.87 89.99 68.89 63.56 H-5 HPM 200.26 192.96 186.54 177.38 161.90 155.84 170.40 142.43 136.08 1-1 Institutional, supervised environment 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33 1-2 Institutional, hospitals 335.53 328.23 321.81 312.65 296.45 0.00 305.67 276.99 0.00 1-2 Institutional, nursing homes 233.12 225.82 219.40 210.24 195.51 0.00 203.26 176.05 0.00 1-3 Institutional, restrained 227.71 220.41 213.99 204.83 190.84 183.78 197.85 171.63 163.02 1-4 Institutional, day care facilities 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33 M Mercantile 142.95 137.54 132.11 125.68 115.38 111.83 119.62 99.73 95.77 R-1 Residential, hotels 199.70 4Pa 192.92 e 133 of 186.99 74 179.78 164.90 160.43 179.93 148.60 143.96 17 Back to Agenda R-2 Residential, multiple family 167.27 160.48 154,56 147.35 133.71 129.23 147.50 117.40 112.76 R-3 Residential, one- and two-family 155.84 151.61 147.83 144.09 138.94 135.27 141.72 130.04 122.46 R-4 Residential, care/assisted living facilities 197.83 191.05 185.12 177.91 163.28 158.81 178.06 146.98 142.33 S-1 Storage, moderate hazard 108.99 103.58 97.35 93.22 83.14 78.87 88.99 66.89 62.56 S-2 Storage, low hazard 107.99 102.58 97.35 92.22 83.14 77.87 87.99 66.89 61.56 U Utility, miscellaneous 84.66 79.81 74.65 71.30 64.01 59.80 68.04 50.69 48.30 Private Garages use Utility, miscellaneous Unfinished basements (all use group) = $15.00 per sq. ft. For shell only buildings deduct 20 percent N.P. = not permitted Page 134 of 174 18 Back to Agenda Exhibit A to Resolution OXX-22 FEE SCHEDULES FOR DEPARTMENTS OF COMMUNITY DEVELOPMENT AND PUBLIC WORKS A. General 1. No permit shall be issued, application accepted, service provided, or appeal filed without payment of the applicable fee set forth below. 2. Time of collection of fees. a. Fees shall be collected at the times specified in the City Code or this Fee Resolution. If not specified, the minimum fee shall be collected at the time of application submittal. No application will be deemed "counter complete" until the fee due with the application has been received by the Citv. b. For applications that are submitted online, the applicant can pay the fees electronically or may submit another form of Davment in person or via U.S. Mail. The determination of whether a permit application is "counter complete" will be deferred for four business days followine submittal of the online application submittal. If payment for the fees is not received by the City by the fourth business day, then the City will reject the application. In no case will the City take any steps to process an application until such time as the fees due with the application are received in full. c. The City may bill an applicant and require payment for accrued fees at any time in the permit review process. d. The final fees will be recalculated during review, and any additional amount due shall be collected prior to the issuance of the permit, approval, denial, decision or recommendation. e. At the time an application or Dermit is denied or canceled. the final fee shall be determined and cnllerted. a-f. Any fee in excess of the final calculated fee shall be refunded pursuant to Refunds Table 25. g. All outstanding fees shall be paid prior to scheduling or performing final inspections. -2-.3. References to the director refer to the director of the Department of Community Development or his/her designee. -3-.4. Some projects require more than one permit. A project may require the payment of numerous fees from the tables below. B. Building, Plumbing, and Mechanical Fee Policies 1. No temporary or final certificate of occupancy will be approved or issued for a project with any outstanding fees on any permit associated with the project. 2. Some signs require a building permit in addition to a land use (sign) permit. In these instances, the permit fees are additive. When an applicant is required to obtain a sign permit and a building permit, separate fees are required for each permit. 3 0 F 2015 IBC ono The applicant for a permit shall provide an estimated construction value at the time of application. The -her ,,ded up + the next ,.,ti l d llaF The amount shall be the contractor's bid price, rounded up to the next whole dollar. For work not done by a contractor, the construction value shall include the price of materials, plus the fair market value of any donated, contributed or found materials, multiplied by two (2). Construction value calculated on 100 square feet shall be rounded up to the next 100 square feet for any portion thereof. 4. Single family home builders who wish to reuse a plan set to construct more than one home using the same plan set may do so by utilizing a "basic plan" review process. When an applicant wishes to establish a basic plan set for reuse, the plans shall initially be reviewed upon payment of the city's standard plan review fee. Once plan review is complete and if the City finds that the plans conform to the requirements of the Building Code, the plans shall be approved as a basic plan set and marked as such for reuse. For each use of the plan, the applicant shall pay a reduced plan review fee as established in Table 3 in lieu of the full plan review fee. The use of an approved basic plan set shall have no effect on the building permit fee (only the building permit plan review fee). Plans may not be reused if the city's building code has been updated unless the plans have been re - Page 135 of 174 Back to Agenda reviewed (upon payment of the full plan review fee) and approved for conformance with the updated building code. TABLE 1: Fee Calculations. Permit fees and Plan Review fees shall be determined by using the calculations found in Table 1. Valuations shall be determined using the IBC Building Valuation Data Table (BVD) (currently the February 2020 table as attached hereto) except as noted in the BVD Table and as otherwise set in Tables 2 and 3. Total Valuation FEES (Permit Fee = 100% Plan Review Fee = 65%) $1 to $500 $36.00 $36.00 for the first $500 plus $4.00 for each additional $100, $501 to $2,000 or fraction thereof, to and including $2,000 $96.00 for the first $2,000 plus $17.00 for each additional $2,001 to $25,000 $1,000, or fraction thereof, to and including $25,000 $487.00 for the first $25,000 plus $12.00 for each additional $25,001 to $50,000 $1,000, or fraction thereof, to and including $25,000 $787.00 for the first $50,000 plus $9.00 for each additional $50,001 to $100,000 $1,000, or fraction thereof, to and including $100,000 $1,237.00 for the first $100,000 plus $7.00 for each additional $1000, or fraction thereof, to and including $100,001 to $500,000 $500,000 $4,037.00 for the first $500,000 plus $6.00 for each additional $1,000, or fraction thereof, to and including $500,001 to $1,000,000 $1,000,000 $7,037.00 for the first $1,000,000 plus $5.00 for each $1,000,001 and up additional $1,000, or fraction thereof TABLE 2: Residential Single Family Building Permit Type Amount Unit of Measure Unfinished Basement (Group R-_31 $23.50 Square foot Finish an existing basement $82.95 square foot Conversion of an existing garage to residential space $59.79 square foot New, repair, or alteration or addition to deck, uncovered $13.04 square foot New Foundation only or under existing structure $13.04 square foot New garage, shed, barn, or pole building (attached or detached) $38.1660.43 square foot Covered porch, covered deck; new, alteration, repair, or cover added $21.07 square foot New, remodel, or repairs to freestanding roof structures and carports, other than porch or deck $21.07 square foot Residential Interior Remodel $19.67 square foot TABLE 3: Miscellaneous Permit fees: Building Permit Type Amount Unit of Measure Shoreline bulkhead walls $118 Per Linear Foot Demolition $75 Each 2 Back to Agenda Per Linear Fences over 6 feet in height $11.74 Foot Per Linear Retaining walls $19.67 Foot Construction value (contract Apply Construction price or Tank: Underground or Above Ground, Installation or Removal Value to Table 1 materials x 2) Calculate construction Apply Construction value at $90 Roof: Hot Mop/Cold Mop (flat roof) Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $70 Roof: Composition, Metal Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $140 Roof: Wood Shake Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $140 Roof: Concrete, Tile, Slate Value to Table 1 per 100 SQ FT Calculate construction Apply Construction value at $90 Roof: Torch Down Value to Table 1 per 100 SQ FT Construction value (contract Apply Construction price or Residential Misc. Value to Table 1 materials x 2) Construction value (contract Apply Construction price or Commercial Tenant Improvement and Misc. Value to Table 1 materials x 2) Tenant Certificate of Occupancy for new business; All other C of O included in building permit fee. $75 Each Revised Certificate of Occupancy for business name change, or business ownership change, or property ownership change. $60 Each Manufactured or mobile home placed on lot or first time placement in MH park $150 Each Manufactured or mobile home replacement in MH park $75 Each Reactivation fee, for permit expired for less than one year, 50% of original ep rmit fee Expi ed o,,,-mit o,,aetiyati � no plan changes Permit fee is Work without a permit — penalty; doubled, $65 Violator must obtain the necessary permit. minimum. Apply Construction Construction Sign (when a building permit is required) Value to Table 1 value Back to Agenda (contract or materials x 2) Carport or Canopy, pre-fab kit installation $100 Each Calculate construction Residential siding replacement: permit required when over 1000 Apply Construction Value to Table 1 value at $70 per 100 SQ FT sq. ft. or if any structural work is required (POMC 20.200.014) Calculate construction value at $70 Apply Construction Value to Table 1 Commercial siding replacement per 100 SQ FT Single Family Residential plan review using a basic plan on a site specific lot $225 For each use Construction value (contract Apply Construction price or Windows or Doors Value to Table 1 materials x 2) Fire Code Permits Fire Code permit projects may be reviewed by a consultant under contract services, depending on city staff workload. Plan review fee submitted with the application may cover the consultant cost. TABLE 4: Fire Code Permit Fees: Fire Construction Amount Calculation Fire Alarm, new Construction value Apply Table 1 to construction value (contract price or materials x 2) Fire Alarm, minor modifications to existing Construction value Apply Table 1 to construction value (contract price or materials x 2) Fire Sprinkler, new or major modification Construction value Apply Table 1 to construction value (contract price or materials x 2) Fire Sprinkler, modifications 20 heads or fewer Construction value Apply Table 1 to construction value (contract price or materials x 2) Fire Suppression System, Class 1 Hood and Duct Construction value Apply Table 1 to construction value (contract price or materials x 2) Solar Panels: Solar energy/photovoltaic panel system roof 235 each mounted install per WAC 51-51-2300 Sec. M2302 Standpipe System Construction value Apply Table 1 to construction value (contract price or materials x 2) Tank: Underground or Above Ground, Installation or Construction value Apply Table 1 to construction value Removal (contract price or materials x 2) Compressed Gasses Construction value Apply Table 1 to construction value (contract price or materials x 21 Hage 136 Ot 1 (4 Back to Agenda Marijuana Extraction Construction value Apply Table 1 to construction value (contract price or materials x 2) Fire Construction permits unless otherwise listed Construction value Apply Table 1 to construction value (contract price or materials x 2) Fire Operational Amount Calculation Carbon Dioxide Systems Construction value Apply Table 1 to construction value (contract price or materials x 21 High Piled Storage Construction value Apply Table 1 to construction value (contract price or materials x 21 Marijuana Extraction Construction value Apply Table 1 to construction value (contract price or materials x 21 Temporary Tent or Membrane Structure Permit required. No permit fee. Fire operational permits unless otherwise listed Construction value Apply Table 1 to construction value (contract price or materials x 21 Plumbing Permit Fees Plumbing permit fees shall be calculated using the commercial and residential schedules in Tables " and 5 6. TABLE Commercial Plumbing Permit Fees Commercial Plumbing Fixtures Fee Per Base Fee Applied to All Plumbing Permits $23.50 Flat Fee Backflow protective device 2 inches or less $9.80 Each Backflow protective device larger than 2 inches $15.00 Each Clothes Washing Machine $9.80 Each Dish Washer $9.80 Each Drainage Pipe or Vent Pipe Repair or Alteration $9.80 Each Drinking Fountain $9.80 Each Floor Drain $9.80 Each Hose Bibbs, each $1.00 Each Industrial/Sand Oil Interceptor $9.80 Each Grease Interceptor $9.80 Each Lawn Sprinkler System with Backflow Device $9.80 Each Medical Equipment / Kidney Machine $9.80 Each Medical Gas, each additional outlet in excess of first 5 $5.00 Each Medical gas system up to 5 outlets $50.00 Each Misc. Plumbing fixtures on one trap $9.80 Each Roof Drain $9.80 Each Sewer Line Repair and/or Replace, Exterior $50.00 Each Sewer Pipe Change, Interior $9,80 Each Sink (Lavatory, Kitchen, Mop, or Bar Sink) $9.80 Each Floor Sink and /or Indirect Waste $9.80 Each Multi - Compartment Sink 80 Each Back to Agenda Shampoo Sink w/interceptor $9.80 Each Toilet, Water Closet, Bidet, or Urinal $9.80 Each Tub with or without Shower, or Shower $9.80 Each Water Heater $9.80 Each Water Line Repair and/or Replace, Exterior $50.00 Each Water Pipe Change, Interior $9.80 Each Other $9.80 Each TABLE " Residential Plumbing Permit Fees Residential Plumbing Fixtures Fee Per Base Fee applied to all Plumbing Permits $23.50 Flat Fee Clothes Washer $7.00 Each Dishwasher $7.00 Each Floor Drain $7.00 Each Hose Bibb $1.00 Each Hot Tub $14.80 Each Lawn Sprinkler with backflow preventer $7.00 Each Sewer Line Repair and/or Replace, Exterior $50.00 Each Sewer Pipe Change, Interior $7.00 Each Sink (Lavatory, Kitchen, Mop) $7.00 Each Tub with or without shower, or shower $7.00 Each Toilet, Bidet or Urinal $7.00 Each Water Heater $7.00 Each Water Line Repair and/or Replace, Exterior $50.00 Each Water Pipe Change, Interior $7.00 Each Other $7.00 Each Mechanical Permit Fees Mechanical permit fees shall be calculated using the commercial and residential schedules in Tables and 8beiew. TABLE 7: Commercial Mechanical Permit Fees Commercial Mechanical Fixtures Fee Per Mechanical Permit Base Fee $23.50 Flat Fee Air -Handling Unit < 10,000 CFM $14.80 Each Air -Handling Unit > 10,000 CFM $18.10 Each Cos& -Type 1 Hood & Duct Systems $10.65 Each Cass -Type 2 Hood & Duct Systems $10.65 Each Clothes Dryer with exhaust $10.65 Each Compressors $14.70 Each Cook stove only $10.65 Each Ducting Change without New Furnace $13.70 Each Evaporative Coolers, permanently installed $10.65 Each Fan for Bath and/or Exhaust Fan $7.25 Each Commercial Furnace & Ducting < 100,000 btu $14.80 Each Commercial Furnace & Ducting > 100,000 btu $18.20 Each Combo Gas pipe / Water Heater / Furnace $35.45 Each Fuel System Outlets in excess of the first 4 $2.00 Each 0 Back to Agenda Fuel Pipe System LPG, Natural Gas, OIL (first 4 outlets) $10.65 Each Miscellaneous Mechanical Equipment $10.65 Each Mechanical System Pumps (Misc.) $10.65 Each Radiant Heat Units (wall, ceiling, floor, recessed, etc.) $10.65 Each Unit Heater Suspended or Floor Mount $14.80 Each Gas Water Heater Vent & Combustion Air Propane tank over 2000 gallons $10.65 Each $10.65 1 Each TABLE 8: Residential Mechanical Permit Fees Residential Mechanical Fixtures Fee Per Air conditioning, separate install from furnace $14.80 Each Base Fee applied to all Mechanical Permits $23.50 Flat Fee Bath Fan and/or Exhaust Fan $7.25 Each Clothes Dryer w/exhaust $10.65 Each Cook Stove w/exhaust $10.65 Each Fireplace - Gas or Gas log inserts $12.00 Each Fireplace - Wood or Wood Stove $12.00 Each Furnace — Electric, +/- AC, Heat Pump, ducting $14.80 Each Furnace Natural Gas +/- Ducting $14.80 Each Furnace Propane +/-_Ducting $14.80 Each Fuel Pipe System LPG, Natural Gas, Oil $10.00 Each Gas pipe stub -out $10.65 Each Gas WN-Water heater, Vent and Combustion Air $10.65 Each Generator $10.65 Each Heater, Wall or Baseboard $10.65 Each Mini Split System, AC and/or Heat $14.80 Each Misc. Mechanical Equipment $10.65 Each Propane Fuel Tank Under 2000 Gallons $10.65 Each C. Planning and Land Use Fees The planning and land use permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. TABLE : Subdivisions Pnnnr TRIP- 26 Short Subdivision, Preliminary $1,200 Short Subdivision, Final $700 Short Subdivision, Preliminary, or Alteration $600 Short Subdivision, Final, Vacation or Alteration $500 Preliminary Subdivision Plats 5-20 lots $2,100 plus Hearing Examiner Fee Preliminary Subdivisions Plats 21+ Lots $2,100 + $50 Per Lot plus Hearing Examiner Fee Minor Modifications to a Preliminary Plat $600 Major Modifications to a Preliminary Plat, 5- 20 lots $2, plus Hearing Examiner fees Major Modifications to a Preliminary Plat, 21+ lots I $2,100 + $50 per lot plus Hearing Examiner fees rage P+ i or 1 74 7 Back to Agenda Boundary Line Adjustment $300 Final Plat $1,100 + 50 Per Lot Final Plat, vacation or alteration $1,100 + $50 per lot plus Hearing Examiner fees Binding Site Plan, Preliminary $1,200 Binding Site Plan, Preliminary, Alteration $500 Binding Site Plan, Final $700 Binding Site Plan, Final, Alteration or Vacation $500 TABLE 10: SEPA Project Checklist Review and Threshold Determination $300 Non -Project Checklist Review and Threshold Determination $300 Environmental Impact Statement Preparation Actual Cost, See SEPA Ord. Environmental Impact Statement Review Actual Cost, See SEPA Ord. TABLE L.L: Shoreline Permits Administrative Shoreline Substantial Development Permit $600 Shoreline Substantial Development Permit $900 plus Hearing Examiner Fee Shoreline Exemption (Letter) $150 Shoreline Conditional Use Permit $1,275 plus Hearing Examiner Fee Administrative Shoreline Conditional Use Permit $600 Shoreline Variance $1,275 plus Hearing Examiner Fee Administrative Shoreline Variance $600 TABLE 12: Land Use Permits Conditional Use Permit $1,2,25-375 plus Hearing Examiner Fee Critical Areas Exemption Request $75 Critical Areas Exception $1,275 plus Hearing Examiner Fee Critical Areas Variance $1,275 plus Hearing Examiner Fee Modification to Overlay District Boundaries $1,275 plus Hearing Examiner Fee Rezone (without Comp Plan Amendment) $1,25-375 plus Hearing Examiner fee Temporary Use Permit $150 Temporary Use Permit Extension $150 Variance, Administrative $300 Variance $1,275 plus Hearing Examiner Fee Variance, View Protection Overlay District $1,275 plus Hearing Examiner fee Back to Agenda TABLE 13: Other Review Request for a statement of restrictions per RCW 35.21.475 $75 Accessory Dwelling Units $75 $75 minimum, an additional deposit may be required if city attorney review is required, any city attorney expenses related to an application for an Administrative Interpretation (POMC Chapter administrative application shall be paid by 20.10) the applicant prior to issuance of a decision Nonconforming Use $150 $150 (100% is credited to a subsequent related land use application if filed within Pre -Application Meeting 12 months) $1, 000 Deposit which will be aApplied to the city's costs including city attorney fees regardless of whether a development agreement is Development Agreements approved Comp Plan Amendment (Text) $500 Comp Plan Amendment (Map) $1,875 Forest Practices Application (Local Approval) $300 $150 (up to 100% credited to a subsequent related permit application if filed within 12 Pre -Submittal Design Review months) Tax Abatement Exemption Application $1,500 Zoning Verification Letter $75 Signs Permits Signs may also require a building permit. See Section 6.42 and Table 3. TABLE 14: Sign Permits A -Board Sign $25 Permanent Sign $50 Master Sign Plan Permit $300 Placement of WSDOT directional sign $75 Sign Variance $300 Page 143 of 174 Back to Agenda D. Public Works Department Fees The Public Works Department permit fees listed in the tables below shall be paid at the time an application is submitted to the city unless otherwise specified. TABLE 15: Public Works Department Permits and Fees Public Works Cost Note No more than one minor LDAP may be issued for the same Minor Land Disturbing Activity Review and property (parcel Permit (disturbances of less than 1,000 and/or address) in any square feet) $50 365 day period. (Paid at the time of $100 base fee, plus $100 for application submittal — the first acre of disturbance covers Land Disturbing + $25 for each additional Activity plan review acre of Disturbance above 1 costs). Acres of acre. Area to be rounded up disturbance should be Land Disturbing Activity Permit Plan to the next higher acre. rounded up to the Review $100 minimum fee. nearest acre. $100 for the first acre of disturbance + $50 for each (Paid at time of permit additional acre of issuance —covers Land Disturbance above 1 acre. Disturbing inspection Area to be rounded up to costs). Acres of the next higher acre. $100 disturbance rounded Land Disturbing Activity Permit minimum fee. up to the nearest acre. $100 for the first 3,000 square feet of new and replaced hard surface to be (Paid at the time of constructed + $25 for each application submittal — additional 3,000 square feet covers hard surface or fraction thereof of hard and stormwater surface to be constructed. improvement plan Stormwater Drainage Permit Plan Review $100 minimum fee. review costs). $100 for the first 3,000 square feet of new and replaced hard surface to be Stormwater Drainage constructed + $50 for each Permit (Paid at time of additional 3,000 square feet permit issuance — or fraction thereof of hard covers hard surface surface to be constructed. and stormwater Stormwater Drainage Permit $100 minimum fee. inspection costs) Street Use Permit Application Fee $50 Tree cutting permit $50 The applicant shall pay the actual fee, including city attorney costs, for preparing the Latecomer Agreement Review Fee $500 Deposit latecomer agreement Page 144 of 174 10 Back to Agenda ROW Permit, Tier 1 $50 For uses which do not include the physical disturbance of the right-of-way. For activities which alter the appearance, or disturb the surface or sub -surface, or allow long term use of the ROW Permit, Tier 2 $230 right-of-way. Violator must obtain the required permit Permit fee is doubled; $65 and pay twice the Work without a Permit — Penalty minimum. normal permit fee TABLE 16: T/ Street Vacations Street Vacation Petition Fee $120 Street Vacation Appraisal Fee (Refundable Deposit) $500 Deposit, Petitioner shall pay the actual cost of the appraisal. ►BLE 17: Impact Fee Deferrals (POMC 20.182.110(4)) Application for Impact Fee Deferral $300 minimum Lien release for Impact Fee Deferral $300 minimum TABLE 18: Residential Parking Permits Residential Parking Permit $10 Replacement Parking Permit $5 Temporary Residential Parking Permit $10 Bed and Breakfast Parking Permit $10 Concurrency (POMC 20.180) 1. Concurrency (Capacity Reservation Certificate) applications fees shall be based on the following table. Each type of application (Transportation, Water, or Sewer) shall include payment of an application fee (A) plus any consultant fees charged to the city (B) for concurrency review as applicable. 2. The Director of Public Works shall make all determinations as to whether an application is to be reviewed by the city or to be sent to the consultant for review. 3. When a depe54consultant review is required, puFsuantte tart e depam ;almil-be-applied tethe applicant shall pay the actual fee incurred by the city. Any balance owed shall be paid prior to the issuance of a concurrency certificate. TABLE 19: Concurrency Review Type of Review A B Application Fee (also Review Performed by Consultant: the total review fee for Applaeatien S,."mitted- af+^A scope and fee applications reviewed has beenshall be obtained from the Consultant in house by the City) after the application is received. Transportation $150 The , ., +h ; plcaR+ Shall 11E 511,W the fee ided by the City' scope Rd p Either Tier 1 (limited review) or Tier f I w fixed fees listed in consultant fee 11 Back to Agenda schedule. For projects that do not fit the categories, the fee will be determined on PM peak hour trip generation, or as determined in a not -to -exceed task order. Water $150 The applicant shall pay the amount shown in the scope and fee provided by the City's Consultant. Sewer $150 The applicant shall pay the amount shown in the scope and fee provided by the City's Consultant. E. Hourly Rates. A minimum of one hour shall be charged per staff member when using the hourly rates. Additional charges shall be by the auarter hour oer staff member. Plan review fees shall apply to revisions to plans or documents which were previously reviewed and approved. The fee shall be equal to the hourly rate for all staff performing the review, or the full permit plan review fee, whichever is less. The hourly rates shall be used to calculate deductions to refunds. A Reinspection fee is charged at the hourlv rate for reinspection after the same inspection fails for the second time. TABLE 20. Type Hourly Rate Notes Plan Review, Building Fire 75 Plan Review, Planning - DCD 75 Plan Review, Engineering— Public Works 85 Administrative, Permit Center 60 Reinspection, Building Fire 75 After two prior inspections for same work Reinspection, Public Works 75 After two prior inspections for same work Reinspection, Planning 75 After two prior inspections for same work Inspections outside of normal business hours, Hourly rate x 1.5 75 Minimum charge: 2 hours Public Works Alternate methods and materials review, Building 75 €rF. Work by Outside Consultants: Building and Fire Codes. 1. The iurisdiction may send permit applications to third -party consultants for plan review. The plan review fee paid as described in Section B covers the City's consultant cost, except for the following reviews: a. Third and subsequent submittals. The applicant shall pay the actual hourly costs as listed in table 21 for all 3rd and subsequent submittals. b. Protects with total valuation exceeding $10,000,000, or protects of a significant complexity that require outside review such as courthouses, schools, hospitals as determined by the Building Official. For projects as described in this subsection, the initial plan review fee shall be applied to the 3rd party consultant review fee. If that fee is inadequate to fully pay the actual plan review fee then the applicant shall be billed for the additional cost as described in subsection 3 below. 2. The city may provide inspections by contracted services. Permit fees cover the consultant's inspection charges except for afterhours inspection. Page 146 of 174 12 Back to Agenda 3. The plan review fees and afterhours inspection fees as described in Sections 1 and 2 shall be billed at the rates provided in table 21. 4. The fees charged listed in table 21 shall are based on an hourly rate must be paid in full prior to the issuance of the permit, approval, denial, decision or recommendation, final inspection, or issuance of Certificate of Occuoancv. as applicable to the tvoe of permit and when the work is performed. 5. When the hourly rate is used for consultants, the fee may be rounded to the quarter hour. TABLE 21. Building and Fire Code: Consultant Services Hourly Rates. Types listed represent the most frequently used rates. Type Rate Notes Plan Review, 3rd and subsequent reviews $110 / hour Subject to current contract Plan Review, revisions to approved plans $110 / hour Subject to current contract Fire Code Plan Review: Reviewer $110 / hour Subject to current contract Technician 85 hour Subject to current contract Inspections, outside of normal business hours $120 / hour Subject to current contract G. Work by Outside Consultants: Other Services. The applicant shall be required to pay the actual cost of 3rd party review by qualified consultants under contract with the city. 1. Special Reports Review. a. When an application includes the submittal of special reports and/or plans such as habitat management plans, geotechnical reports, or traffic impact analyses requiring review beyond the capabilities of citv staff. the citv will obtain a fee estimate from its consultant for the scope of wo and provide that estimate to the applicant for payment to the city. The city shall authorize the consultant to proceed once the pavment has been received. b. If additional special review by the consultant is required, and amended scope of work and new estimate shall be obtained by the city for payment by the applicant before the additional work by the consultant can proceed. c. If the consultant's fee total is less than the full amount paid by the applicant, the remainder shall be refunded according to section K. and table 25. 2. Alternative Forms Review. When the applicant proposes to use an alternative form instead of the citv's standard approved form. the city may request review by the city attorney of the alternative form if a legal determination is required to ensure that the language in the proposed form adequately addresses the city's interests. The cost of review shall be paid by the applicant at the attorney's hourly rate. H. Appeal Fees. Fees are collected when the appeal is filed. Any appeal statement must be filed on the deadline established in the City's code relating to the specific appeal, together with a certified check in the amount of the appeal fee. If the City Council is the decision -maker on the ap�g8b R9lgf% appeal fee shall be charged. 13 Back to Agenda If any appellant believes that the payment of the appeal fee creates a financial hardship, it shall submit a request for an appeal waiver with the appeal statement on or before the deadline established in the City's code relating to the specific appeal. This request for an appeal waiver shall describe the appellant's financial situation and why payment of the appeal fee creates a financial hardship. As an example, the appellant may provide evidence that the appellant resides in a low-income household, which would include a single person, family or unrelated persons living together, whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for Kitsap County. TABLE 22: Appeal Type Appeal Body Amount Abatement Hearing Officer $100 Building Code Building Board of Appeals $450 (BBOA) Concurrency Denial Public Works Director $100 Development Agreement Same as underlying permit Depends on underlying permit. or associated legislative approval Director's Code Superior Court Appeals and any associated fees Interpretation go directly to Superior Court. Fire Authority's Decision Building Board of Appeals $450 (BBOA) Illicit Discharge Detection City Council $450 and Elimination (IDDE) Notice and Order, revocation of permit, or assessment of costs of abatement IDDE Appeal, independent City Council $500 $1,590epesit feF consultant services Consultant services, actual costs to be paid. See Section F for consultant fees. Impact Fee Amount Director $100 Reconsideration Impact Fee Amount Hearing Examiner $450 Established Upon Reconsideration by the Director Impact Fee Credit Director $100 Reconsideration Impact Fee Credit Hearing Examiner $450 Established Upon Reconsideration by the Director SEPA Appeal Same as underlying permit $450 Street Use Permit Hearing Examiner $100 Type I, Director's Decision Superior Court Appeals and any associated fees go directly to Superior Court. Type II Permit Hearing Examiner $450. Type II Permit, Deposit for a Hearing Examiner Deposit is based on fee estimate certified transcription of from transcription service. After Page 148 of 174 the final invoice, any remainder of 14 Back to Agenda hearing for appeal from the deposit shall be refunded. Any Hearing Examiner's decision fees in excess of the deposit shall be paid by the applicant. Type II Permit, appeal of Superior Court Appeals and any associated fees Hearing Examiner's appeal go directly to Superior Court. decision Type III permit, appeal of Superior Court Appeals and any associated fees Hearing Examiner's decision go directly to Superior Court. Hearing Examiner Fees. Hearing Examiner fees (excluding appeals to the Hearing Examiner) shall be the Hearing Examiner's actual costs, plus an administrative fee. Fees and deposits are required to be paid when the application is submitted. Hearing examiner fees will be secured from the deposited amount and any remainder shall be refunded to the applicant at the end of the appeal period. Hearing Examiner fees in excess of the deposit amount will be billed to the applicant, and preliminary approval of the project will be conditioned subject to payment of outstanding Hearing Examiner fees. City protects which require Hearing Examiner services are exempt from the deposit requirement. Instead, the bill from the Hearing Examiner shall be routed to the appropriate department for payment. TABLE 23: Type Amount TYPE III Hearing, Administrative fee $250 (non-refundable) Type III Hearing, deposit $3,000 deposit Appeal fee, for appeal of Hearing Examiner decision See Table 22. Appeal Fees Appeal fee, for appeals to the Hearing Examiner See Table 22. Appeal Fees. J. Other Fees. TABLE 24: Other Fees Electronic documents on digital storage media or devices Actual cost Photocopies, 8 % x 11 $0.15 per page Public Notice signs Actual cost + 25% Mailing fee for Developer's issued permit package USPS Priority Flat Rate + 25% Technology Fee, for each permit application entered in the electronic permitting system. $10 (non-refundable) The applicant is responsible for paying recording fees for permit -related documents required to be recorded with the Kitsap County Auditor. Actual cost of recording is paid directly to the County Auditor. Posted Stop Work $&5-75 for each occurrence (not charged when a Work Without a Permit penalty is required at the same time) Notary Service $10 per stamp Page 149 of 174 15 Back to Agenda K. Refunds. Refunds may be requested using the Permit Center's refund request form. Refund reauests must be made within one vear of the oriizinal pavment date. Refund requests must be made prior to the expiration of the permit or application. Refunds shall be issued as authorized by the director. Prior to release of any refund, • All fees or charges owed on the subject application or permit will be deducted. • All fees or charges owed on associated applications or permits will be deducted. • Expended staff hours for application review, processing or inspection will be deducted. Staff hours shall be calculated at the hourly rate in Table 20. The following items shall not be eligible for refund: • Technology fee. • Plan review fees once the permit has been issued. • Charges for work without a permit. • Convenience fee for credit/debit card pavment. • Public Notice signs if posted on the property. • Consultant fee after work has been performed. TABLE 25: Type Amount Plan Review fees for withdrawn, cancelled Expended staff hours shall be deducted. No refund shall exceed 80% of the plan review fee. or returned building or fire permit application prior to issuing a permit: Building or Fire Permit Fees: If the permit fee was paid and the application cancelled or withdrawn prior to issuance, 100% of the permit fee may be refunded provided no staff hours have been expended for inspections or preparing the permit for issuance. Expended staff hours shall be deducted after a permit has been issued. No refund shall exceed 80% of the permit fee after a permit has been issued. Land Use Permit/Application Fees: Expended staff hours shall be deducted. No refund shall exceed 80% of the initial application fee. Plan Review fees for withdrawn, cancelled Expended staff hours shall be deducted. No refund shall exceed 80% of the plan review fee. or returned Public Works LDAP or SDP permit applications prior to issuing a ep rmit. LDAP or SDP Permit Fees: If the permit fee was paid and the application cancelled or withdrawn prior to issuance, 100% of the permit fee may be refunded. Expended staff hours shall be deducted after a permit has been issued. No refund shall exceed 80% of the permit fee after a permit has been issued. Page 150 of 174 16 ack to Agenda Consultant Fees If consultant fees are less than the initial estimate, the remainder shall be refunded after the consultant work is completed. Building Valuation Data - February 2022 Important Points The BVD is not intended to apply to alterations or repairs to existing buildings. Because the scope of alterations or repairs to an existing building varies so greatly, the Square Foot Construction Costs table does not reflect accurate values for that purpose. However, the Square Foot Construction Costs table can be used to determine the cost of an addition that is basically a stand-alone building which happens to be attached to an existing building. In the case of such additions, the only alterations to the existing building would involve the attachment of the addition to the existing building and the openings between the addition and the existing building. • The Square Foot Construction Cost does not include the price of the land on which the building is built. The Square Foot Construction Cost takes into account everything from foundation work to the roof structure and coverings but does not include the price of the land. The cost of the land does not affect the cost of related code enforcement activities and is not included in the Square Foot Construction Cost. Square Foot Construction Costs a, b, Group (2015 International Building Code) IA IB IIA 1113 IIIA 11113 IV VA VB A-1 Assembly, theaters, with stage 247.86 „�.47 233.25 223.81 210.17 204.10 216.62 195.46 188.40 309.06 298.66 291.64 280.58 263.98 255.82 272.02 244.80 237.02 A-1 Assembly, theaters, without stage 22710 218 74 21249 202 05 IRA 41 483 34 495F16 17479 a6765 282.85 272.45 265.42 215.36 202.99 229.61 245.81 218.59 210.80 A-2 Assembly, nightclubs 191.96 IN 56 182.12 47470 164 94 160.39 IN 64 449.25 144 33 237.31 230.23 224.56 215.36 202.99 197.40 207.69 183.68 177.40 A-2 Assembly, restaurants, bars, banquet halls I W 96 485 56 48012 473 70 169 94 459 39 16764 147 29 14222 236.31 229.23 222.56 214.36 200.99 196.40 206.69 181.68 176.40 A-3 Assembly, churches 22969 221 20 215 86 205 64 192 2:7 4877 498 45 47:7 66 470 60 286.90 276.49 269.47 258.42 242.23 234.07 249.86 223.05 215.26 A-3 Assembly, general, community halls, libraries, 19:2 20 IR2 R1 176 a9 46845 453fil 448 44 16096 439.80 43275 244.77 234.37 226.34 216.29 198.94 191.79 207.73 179.77 172.98 museums A-4 Assembly, arenas 226 10 21771 210 49 20209 487 41 482 24 194R6 17270 16669 281.85 271.45 263.42 253.37 235.77 228.61 244.61 216.59 209.80 B Business 200.26 492.96 196.54 177.38 161.90 155.84 170.40 142.43 136.08 240.90 232.07 223.51 214.08 194.91 187.36 205.68 172.02 164.34 E Educational 209.90 202.64 496.82 188.34 175.49 166.60 181.86 453.45 448.5 257.70 248.89 242.35 231.90 216.47 205.54 223.92 189.21 183.31 F-1 Factory and industrial, moderate hazard 11760 11219 10597 101 R4 81 54 87:26 9761 7529 7095 144.93 138.11 130.39 125.40 112.49 107.10 120.02 92.69 86.88 F-2 Factory and industrial, low hazard 11660 111 19 10597 400 R4 9154 86 26 9661 7529 6995 143.93 137.11 130.39 124.40 112.49 106.10 119.02 92.69 85.88 H-1 High Hazard, explosives 10999 104 58 9925 94 22 R5 14 79 87 8999 68 89 A-08 135.29 128.47 121.75 115.76 104.14 97.75 110.39 84.34 0.00 H234 High Hazard 109.99 104.58 9925 9422 86.14 79.87 89.99 68.89 63.56 135.29 128.47 121.75 115.76 104.14 97.75 110.39 84.34 77.53 H-5 HPM 200.26 19296 186.54 477.38 461.90 155.84 470.40 442.43 436.08 240.90 232.07 223.51 214.08 194.91 187.36 205.68 172.02 164.34 1-1 Institutional, supervised environment 197 83 191-05 485 12 47791 162 28 458 81 178 06 446 98 14222 244.45 236.08 229.06 219.82 202.16 196.58 220.10 181.25 175.81 1-2 Institutional, hospitals 22552 32823 221 R1 31265 29645 -0-.08 20567 27699 A-08 401.22 392.40 383.83 374.40 354.29 0.00 366.00 331.40 0.00 -2 Institutional, nursing homes 233 2 225 82 249 40 210 24 495 51 A-08 203 26 476 05 A 08 279.15 270.32 261.76 252.33 234.64 0.00 243.93 211.75 0.00 Page 151 of 174 17 Back to Agenda 1-3 Institutional, restrained 22771 220.41 243.99 204.83 190.84 48378 197 A5 471 63 46302 273.40 264.57 256.00 246.57 229.13 220.58 238.17 206.24 196.56 1-4 Institutional, day care facilities 197.93 191.05 485.12 477.91 463.28 158.81 478.06 146.98 74�33 244.45 236.08 229.06 219.82 202.16 196.58 220.10 181.25 175.81 M Mercantile 14:2 95 127 554 42211 425C48 115 2A III 83 11962 99:73 �7 177.02 169.94 163.27 155.07 142.48 137.88 147.40 123.17 117.89 R-1 Residential, hotels 19970 192 W 486 99 479a8 164 99 460 43 17992 148 69 443-96 246.94 238.56 231.54 222.30 204.35 198.77 222.58 183.44 178.00 R-2 Residential, multiple family 167 :27 460 48 454,56 147 35 12271 429 23 447 50 11740 U 76 206.81 198.43 191.41 182.17 165.41 159.83 182.46 144.50 139.06 R-3 Residential, one- and two-family- 155 94 454fi1 14792 444 09 438.94 12527 441 72 12004 42z?4s3 192.58 187.37 182.53 178.04 172.85 166.59 175.01 160.35 150.87 R-4 Residential, care/assisted living facilities 19792 191-05 485 12 47751 162 2A 458 Al 178 96 146 98 442 33 244.45 236.08 229.06 219.82 202.16 196.58 220.10 181.25 175.81 S-1 Storage, moderate hazard 498 09 10259 9725 9222 82 44 79 A7 A8 99 6999 62.56 134.29 127.47 119.75 114.76 102.14 96.75 109.39 82.34 76.53 S-2 Storage, low hazard 10799 40258 9735 9:2 22 82 14 77A7 87 99 fig 89 64:56 133.29 126.47 119.75 113.76 102.14 95.75 108.39 82.34 75.53 U Utility, miscellaneous 84 96 79.811 74.65 711.30 64.01 59.80 68.04 50.69 4A 20 104.98 99.04 93.31 89.21 80.44 74.45 85.33 63.42 60.43 a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct 20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $23.20 per sq. ft. Page 152 of 174 IV Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8F Adoption of a Resolution Authorizing the City to Apply for 3 Recreation Conservation Office Grants Back to Agenda Meeting Date: April 26, 2022 Prepared by: Nicholas Bond, AICP Atty Routing No. Atty Review Date DCD Director NA April 20, 2022 Summary: The Washington State Recreation and Conservation Office (RCO) offers a variety of grants available to cities every two years. The application deadline for the 2022 round of grants is May 3, 2022. In order for a city to apply for a grant, the City Council is required to provide a resolution or authorization for each grant application. In 2022, the City is proposing to submit 3 separate grant applications. The proposed resolution authorizes the mayor or designee to apply for and sign various grant agreement using RCO's approved form. The projects applications that the resolution would authorize are as follows: 1. This resolution would authorize the city to apply for a RCO ALEA Grant to construct the Port Orchard Waterfront Plaza and Enhancement Project. The Current cost estimate to construct this project is $3,858,000. The City is seeking $500,000 in funding from RCO to put towards this project. 2. This resolution would authorize the city to apply for a RCO YAF grant for the Givens Park Basketball and Tennis Court Remodel. The current cost estimate for this project is $310,000. The city is seeking $155,000 in funding from RCO to put towards this project. 3. This resolution would authorize the city to apply for a RCO WWRP Recreation grant for the Old Clifton Road Separated Pathway project. The current cost estimate for this project is $1,601,000. The city is seeking $800,500 in funding from RCO to put towards this project. This project would construct a separated pathway from McCormick Woods Drive to McCormick Village Park. Relationship to Comprehensive Plan: Each of the 3 grant applications is referenced in the comprehensive plan as follows: 1. The Waterfront Plaza and Enhancement project is shown in the city's comprehensive plan, in the City's 2022 PROS Plan, and in the Downtown Subarea Plan. 2. The Givens Park Basketball and Tennis Court Remodel project is identified in the City's adopted 2022 PROS plan. 3. The Old Clifton Road Separated Pathway project is shown in the city's comprehensive plan and in the City's 2022 PROS Plan. Recommendation: Staff recommends that the City Council approve a Resolution authorizing the Mayor to sign an authorization for the RCO ALEA Port Orchard Waterfront Plaza and Enhancement project, the RCO YAF Givens Park Basketball and Tennis Court Remodel project, and the RCO WWRP - Recreation Old Clifton Road Separated Pathway project. Page 153 of 174 Back to Agenda Staff Report 8F Page 2of2 Motion for consideration: "I move to adopt a resolution authorizing the City's application for RCO grant funding for the RCO ALEA Port Orchard Waterfront Plaza and Enhancement project, the RCO YAF Givens Park Basketball and Tennis Court Remodel project, and the RCO WWRP - Recreation Old Clifton Road Separated Pathway project, and for the Mayor to sign all necessary forms to effectuate the application." Fiscal Impact: The City is not making any financial commitment at this time. If the grant applications are successful, the City will be asked to sign RCO grant agreements for each approved project in 2023 to outline the terms and conditions for funding. The city could later choose not to accept one or all of the grants. If the city were to accept the grants, it would need to provide the matching funds as described above. Alternatives: Do not authorize the City to apply for one or more of these grants. Attachments: Resolution, RCO Grant Authorization Forms (3X) Page 154 of 174 Back to Agenda RESOLUTION NO. 040-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR OR DESIGNEE TO APPLY FOR AND ACCEPT RCO GRANT FUNDING AND TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE THE GRANTS. WHEREAS, this Resolution authorizes the person(s) identified herein and on the attachments hereto, incorporated herein by this reference, to act as the authorized representatives/agents on behalf of our organization and to legally bind our organization with respect to the projects identified on the attachments hereto (the "Projects") for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office); and WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above and in the attachments hereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, Section 1. Authorization. The City has applied for or intends to apply for funding assistance managed by the Office for the Projects. The City Council adopts the authorizations attached hereto as Exhibits A (The Port Orchard Waterfront Plaza Enhancement Project), B (The Givens Park Basketball and Tennis Court Remodel) and C (the Old Clifton Road Separated Pathway Project), incorporated herein by this reference, and authorizes the Mayor to execute these authorizations. The City Council further authorizes the persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) identified on these attachments hereto to execute documents binding our organization on the above Projects. Section 2. This Resolution, including all attachments hereto, are deemed to be part of the formal grant application to the Office. Section 3. Our organization warrants and certifies that this authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 26t" day of April 2022. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 155 of 174 Exhibit A Back to Agenda WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor) City of Port Orchard Resolution No. or Document Na Project(s) Number(s), and Na Resolution No. 040-22 #22-1648 Port Orchard Waterfront Plaza and Enhancement This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: DocumentGrant Grant application (submission thereof) Nicholas Bond, Community Development Director Nicholas Bond, Community Development Director Project contact (day-to-day administering of the grant and with the RCO) Mayor Robert Putaansuu _communicating RCO Grant Agreement (Agreement) amendments Mayor Robert Putaansuu _Agreement Authorizing property and real estate Mayor Robert Putaansuu documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an "authorized rep resentative(s)/ag ent(s) " for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Page 156 of 174 Back to Agenda Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.goy/wp-content/uploads/2019/06/SamplePro*Agreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property Page 157 of 174 Back to Agenda acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 1 S. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title Mayor Date 4/26/22 On File at: Port Orchard City Hall, 216 Prospect Street, Port Orchard, WA 98366 This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: City of Port Orchard, WA (via Zoom) Washington State Attorney General's Office Approved as to form��— Assistant Attorney Genera( 2/13/2020, Date 4/26/2022 You may reproduce the above language in your own format; however, text may not change. Page 158 of 174 Exhibit B Back to Agenda WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor) City of Port Orchard Resolution No. or Document Na Project(s) Number(s), and Na Resolution No. 040-22 #22-1648 Port Orchard Waterfront Plaza and Enhancement This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: DocumentGrant Grant application (submission thereof) Nicholas Bond, Community Development Director Nicholas Bond, Community Development Director Project contact (day-to-day administering of the grant and with the RCO) Mayor Robert Putaansuu _communicating RCO Grant Agreement (Agreement) amendments Mayor Robert Putaansuu _Agreement Authorizing property and real estate Mayor Robert Putaansuu documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an "authorized rep resentative(s)/ag ent(s) " for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Page 159 of 174 Back to Agenda Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.goy/wp-content/uploads/2019/06/SamplePro*Agreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property Page 160 of 174 Back to Agenda acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 1 S. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title Mayor Date 4/26/22 On File at: Port Orchard City Hall, 216 Prospect Street, Port Orchard, WA 98366 This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: City of Port Orchard, WA (via Zoom) Washington State Attorney General's Office Approved as to form��— Assistant Attorney Genera( 2/13/2020, Date 4/26/2022 You may reproduce the above language in your own format; however, text may not change. Page 161 of 174 Exhibit C Back to Agenda WASHINGTON STATE Recreation and Conservation Office Applicant Resolution/Authorization Organization Name (sponsor) City of Port Orchard Resolution No. or Document Na Project(s) Number(s), and Na Resolution No. 040-22 #22-1648 Port Orchard Waterfront Plaza and Enhancement This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation Office (Office). WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s) referenced above; NOW, THEREFORE, BE IT RESOLVED that: Our organization has applied for or intends to apply for funding assistance managed by the Office for the above "Project(s)." Our organization authorizes the following persons or persons holding specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: DocumentGrant Grant application (submission thereof) Nicholas Bond, Community Development Director Nicholas Bond, Community Development Director Project contact (day-to-day administering of the grant and with the RCO) Mayor Robert Putaansuu _communicating RCO Grant Agreement (Agreement) amendments Mayor Robert Putaansuu _Agreement Authorizing property and real estate Mayor Robert Putaansuu documents (Notice of Grant, Deed of Right or Assignment of Rights if applicable). These are items that are typical recorded on the property with the county. The above persons are considered an "authorized rep resentative(s)/ag ent(s) " for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Page 162 of 174 Back to Agenda Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation Office's WEB SITE at: https://rco.wa.goy/wp-content/uploads/2019/06/SamplePro*Agreement.pdf. We understand and acknowledge that if offered an agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample Agreement and that such terms and conditions of any signed Agreement shall be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf. The Office reserves the right to revise the Agreement prior to execution. 4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their assigned role/document. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is purely voluntary on our part. 6. Our organization understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the Agreement, the characteristics of the project, and the characteristics of our organization. Our organization further understands that prior to our authorized representative(s)/agent(s) executing any of the documents listed above, the RCO may make revisions to its sample Agreement and that such revisions could include the indemnification and the legal venue stipulation. Our organization accepts the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with our authorization. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant, we understand our organization must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash matching share commitments to this project should they not materialize. 10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. 11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which documents will be based upon the Office's standard versions of those documents), to be recorded on the title of the property with the county auditor. Our organization acknowledges that any property Page 163 of 174 Back to Agenda acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director. 12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns the project property] Our organization acknowledges that any property owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in writing and per the Agreement or an amendment thereto. 13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES NOT own the property] Our organization acknowledges that any property not owned by our organization that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant as required by grant program policies unless otherwise provided for per the Agreement or an amendment thereto. 14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310. 1 S. This resolution/authorization is deemed to be part of the formal grant application to the Office. 16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that our organization has full legal authority to commit our organization to the warranties, certifications, promises and obligations set forth herein. This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s): Signed Title Mayor Date 4/26/22 On File at: Port Orchard City Hall, 216 Prospect Street, Port Orchard, WA 98366 This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only): Location: City of Port Orchard, WA (via Zoom) Washington State Attorney General's Office Approved as to form��— Assistant Attorney Genera( 2/13/2020, Date 4/26/2022 You may reproduce the above language in your own format; however, text may not change. Page 164 of 174 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8G Subject: Approval of Road Closures for a Special Event: Mustangs on the Waterfront Back to Agenda Meeting Date: April 26, 2022 Prepared by: Brandy Wallace, MMC Atty Routing No: Atty Review Date City Clerk N/A N/A Summary: City staff received a Special Event application for Mustangs on the Waterfront event scheduled for Sunday July 31, 2022. The application states the following: EVENT: Mustangs on the Waterfront TYPE: Car Show DATE: Sunday, July 31, 2022 TIME: Setup starts at 5:00am, open to public at 7:30am until 5:00pm, cleanup to be completed by 5:00pm LOCATION: Downtown Port Orchard waterfront parking lots 1, 2, 3, 4, and 7 CLOSURE(S): Harrison Avenue; Frederick Street from Bay Street/SR166 to waterfront; and Sidney Avenue from Bay Street/SR166 to waterfront. Pursuant to Port Orchard Municipal Code 5.94.050(4 staff shall bring forward the special event application to the City Council for approval when the event requires a street or highway closure. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application as presented. Motion for consideration: I move to approve the road closures identified in the application for the Mustangs on the Waterfront event taking place on Sunday, July 31, 2022, as presented. Fiscal Impact: N/A Alternatives: Deny the road closure. Attachments: Application, including map Page 165 of 174 Back to Agenda ORCHARD SPECIAL EVENT PERMIT APPLICATION oF'� (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) Upp, D STANDARD PROCESSING FEE: $50.00 ADDITIONAL EXPEDITED FEE (LESS THAN 90 BUT MORE THAN 30 DAYS BEFORE EVENT): $50.00 Event Overview Name of event: Mustangs on the Waterfront Location of event: Port Orchard Waterfront Type of Event: estival alk/Ru I IParadel VendorFai Block Party ther: Mustang Car Show Event or Organization Website: kitsapmustangclub.org Description of event: Kitsap Mustang Club's annual car show. This event attracts car enthusiasts, show participants and quests, and visitos and spectators many who support local businesses downtown and in surrounding areas, utilitze businesses and lodging in the City of Port Orchard and throughout the community. Admission Fees: Does your event require a paid fee for participants and/or spectators? I V es iNo Does your event require minimum or suggested donation for participants and/or spectators? `/ ees o Admission/participation fee/ suggest donations amount(s): Car show participants/exibitors will be charged between $15-$25 depending upon preregistration or day of show. There is no charge for guests, visitors, or spectators. Event Details Start Day: Sunday Set Up Starts: Start Date: 7/31/2022 Start Time: 6:00 a.m. Take Down Complete: End Day: Sunday End Date: End Time: 17/31/2022 5:00 P. Event Dates/Times: Indicate Dates/Times OPEN to attendees Expected Participants �oo Daily Attendance: Spectators volunteers/staff UOU J� 50 Day: Sunday Date: 7/31/2022 Start Time: 0730 a.m. End Time: 5:00 p.m. Day: Date: Start Time: End Time: Day: I Date: I Start Time: I End Time: Additional details: (attach additional pages as needed for additional days or details) Time Open to Car Show parcipants 7:30 a.m. to 5:00 p.m. Time Open to Public: 8:00 a.m. to 5:00 p.m. Time Closed to Public 6:00 a.m. to 8:00 a.m. Time Open to Vendors 7 a.m. to 5 p.m. City of Port Orchard I Special Event Application Revised 1213112021 Page 166 of 174 Page 3 of 10 Organization Information* Back to Agenda Name of Organization:Kitsap Mustang Club Do you have an active City Business License? Point of Contact Name:&mvvfi8t1tdah@ug Street Address: 1749 NW Palmer Ln ❑No What is your UBI number? Mailing Address: (if different from street address) P.O. Box 866 Cit State: Zi Cit State: Zi City:Bremerton WA �98311 y�Tracyton Phone:3606921749 Alternate Phone: Email: mach1@silverlink.net J *Please note the organization information provided may be shared for inquires made on event details Alcohol The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, httrrs://lcb.wa.pov/ for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event? Des* �o *If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food You will need to reach out to the Kitsap Public Health District as they may require a temporaryfood establishment permit. Visit their website at i?ttns://kitsappublichealth.ora/Foodsofety/food vendors pftp or call (360) 728-2235 for information. 2-3 Will your event have any food service and/or sales?FYes Do If yes, how many: Will your event have professional catering? Des WiVo If yes, how many: 2-3 Will your event have food trucks? Rkes Do If yes, how many: Will your event have food booths or food vendors? es 114o If yes, how many: 2-3 Restrooms R Prove the number of restrooms that will be available to the public for your event: Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets Up to 240 3 4 250 to 499 500 to 900 6 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 City of Port Orchard I Special Event Application Revised 12/31/2021 Page 167 of 174 Page 4 of 10 Back to Agenda Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle Garbage Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self-HaulL!Lkes Er -0 List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: City and Port provided recepticals are utilized and/or removed by car show participants and club members who also monitor and clean parking areas as needed. Excess garbage picked up and card board recycled by the Port or remmoved by the club. Amplified Sound Does your event have any amplified sound? ❑✓ Yes F—]No Indicate dates/time of any amplified sound below: Day: Date: Sunday 7/31 /2022 Day: Date: Day: Date: Start Time: 10:00 a.m. Start Time: Start Time: End Time: 3:00 p.m. End Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): Sound set up usually begins around 9 and ammouncement/music by 10. Amouncements made throughout the day with background music playing inbetween. Awards are usually about 3 p.m, at the Gazebo/cleacher end and a stand alone microphone is used to announce award recipients. Describe what equipment will be used for amplified sound, and at what locations (show in maps): Our event uses Mobile Sound (Dave Rose) 360-509-9246. Five or six 15" speakers are used, preamplified, and elevated on a scissorlift located near the library. Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed The speakers are elevated on a scissorlife near the library, securely positioned and pointed in all directions. Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. Tents Does your event include a tent or membrane structure? RIYes ON(J 1 of Applicable (4) NTE 10x10 pop ups �I �� If yes, what is the tent size: Does the tent have sides?I Nest SP INot applicable May be required to obtain a permit per POMC 20.204.010 please contact Community Development (360) 874-5533. City of Port Orchard I Special Event Application Revised 1213112021 Page 168 of 174 Page 5 of 10 Back to Agenda Use of City Right -of -Way and Parking Impacts Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? yes WIN For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city. WSDOT's online application is located at. littp5://www.wsdot.wa.fov/contact/events/special-events Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property? nYes No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): City Parks: Dan Zee Park Paul Powers Park ID Parking Lots: RLat 1: between Orchard and Frederick streets on the north side of Bay Street RLot 2: between Frederick Street and Sidney Avenue, north of Bay St. []Sidewalks: ❑McCormick Village Park ❑Central Park Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library 5—/Tot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park ❑Etta Turner Park 11Civens Park Dot 5: all parking on City Hall property in front of the Police department ❑Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection ❑Rockwell Park 4Vot 7: all parking spaced ncated on the library property which is limited to library staff only Dot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. IStreet(s) if requesting street closure, fill out the closure information below and provide a traffic control plan of the area impacted. Traffic Control Plan: Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified flaggers: N/A Page 169 of 174 City of Port Orchard I Special Event Application Revised 1213112021 Page 6 of 10 Street Closure Details: Back to Agenda Street Name: Between And (cross street): (cross street): Harrison City parking waterfront Sidney Bay St waterfront Start Date: Sunday Start Time: I End Date: I End Time: 6:00 a.m. I Sunday 1 5:00 p.m. 6:00 a.m. Sunday 5:00 p.m. Frederick St Bay St City parking Sunday 6:00 a.m. Sunday 5:00 p.m. Additional details: (attach additional pages as needed for more streets and/or more details about use.) Frederick Street, Sidney Avenue, and Harrison Avenue from Bay Street to parking lots/waterfront for car show participant parking. Parking Impacts Sunday Have parking impacts been coordinated with neighbors (residential/business)? ❑✓ Yes ❑ No ❑Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? All local businesses potentially impacted on show day are contacted prior to our event. Participants park in reserved parking areas. Visitors use public parking spots in areas not reserved for show cars. Event Signage Are you planning to put up temporary signsoes F1No POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Vendors Does your event indicate vendors?R 'es D0 If so, will they be selling merchandise and/ or food?Rkes [:]No If so, how many anticipated exhibitors/vendors will be at your event? 3-6 POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the City of Port Orchard I Special Event Application Revised 1213112021 Page 7 of 10 Page 170 of 174 sponsor of the master event shall provide a list of participating vendors, their business names, their Back to Agenda ante Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. Site Map A site map is re uq fired to be submitted which includes the following: Vendors: R Yes No Nat applicable Beer Garden: Yes ❑No � of applicable �ONot Signage: Ryes ❑No applicable Tents: k Yes ❑No []Not applicable Public entrances and exits: R1Yes ❑No ❑Not applicable Road closures and detours: Ryes �lo uu❑No ❑Not applicable Traffic patterns: Ryes []Not applicable Fire Lanes: ]Yes ❑No []Not applicable Garbage/Recycling: RlYes F]No ❑Not applicable Barricades: ❑Yes 17No Not applicable First Aid: WlYes ❑No ❑Not applicable Parking: R]Yes ❑No ❑Not applicable Restrooms: Yes []NO —]Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑Yes �No Not applicable City of Port Orchard I Special Event Application Revised 1213112021 Page 8 of 10 Page 171 of 174 Back to Agenda Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational.coml, Release certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW, I, as the President or Chair of my organization, agree to the terms and conditions listed above. Signature of President/Clfar of Organization Print Name Comments received by: Date final review sent: FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: Date Date $50 Expedited Fee Received (if applicable): ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received: Does event require a Master Multi -Vendor License: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee Number of days: _ Amount: Date fee paid: City of Port Orchard I Special Event Application Revised 1213112021 Page 9 of 10 Page 172 of 174 PJlJJ\I�l} March 2022 Dear Chief Brown, Back to Agenda • l P.O. Box 866 Tracyton WA 98393 In response to inquiries during our meeting regarding our annual car show, Mustangs on the Waterfront, the following is submitted: -An updated map has been submitted to include markings for the car show entrance near Kitsap Bank. Car show participants enter between the bank and drive thru. Preregistered cars are directed towards the left and in front of the bank and staged for a picture for a scenic water view. Day of show registration are directed straight ahead and staged to the right side of the port office for a picture with a scenic flower/marina background. The Port and Kitsap Bank team to swap parking to allow show cars to park in front of the Port Office. Marina tenants park in the bank overflow parking across Bay Street for the day. The club also works with the bank and city to be on the premises of bank now city parking. Cars entering the "show site" use the turn lane to enter show site and eliminates any disruption to traffic flow on Bay Street. Car show participants typically arrive and are parked between 7:30 and 9:30 a.m. -Towing is arranged in advance with a local tow company to move any cars onsite Sunday morning and in lots reserved or show car parking. Towing usually starts around 5 a.m. and the application has been updated to note an earlier time. The club's parking team notes on a map the location cars were parked including the vehicle's identification, i.e., make, model, color, license #, etc.. The club uses Leo's Towing for services and has for a number of years. Kitsap Mustang Club would like to invite you to attend and select your favorite Mustang to receive the Police Chief Choice Award. If you are unable to attend in person, a representative from the department is welcome. The trophy presentation is scheduled for 3 p.m. and usually kicked off by the Mayor welcoming all to the City presenting his award. If you or a representative are not available to present, our club president can do so on your behalf. As always, all law enforcement officers are welcome to stop by the show if/as time allows. If you have any questions, concerns, or need additional clarification or information, please let me know. I can be reached at 360-620-5864 or email machl it silverlink.tiet. All of us at Kitsap Mustang Club look forward to and are excited to resume our 34" annual car show on the Port Orchard waterfront. Our show location is a favorite amongst all who attend! Hope to see you on Sunday, July 31, 2022! Sincerely, Susan Stadshaug KMC Show Chair www.kitsa miEstangchib.or Page 173 of 174 Back to Agenda • �] �r r s-�- o. ion - +. oseal -- r(A,---yro� rl NORTH ENTRANCEREGTSTRATTQI1 G AZE B Q v �O R PRIZE S F"EA7URE- CAR � DEJAY ice• 1 � � t � � � '` �•I M.0 j .,fir / . � ��-1�,��. �� - �--='�_L.�F y� � ■ � `- • y !�- /I WATFP,FAaYT PAAk QCP O ��,r•'- �� Mu 8 ems.•.-s� cpo 0 0 . -10 Vie Page 174 of 174