HomeMy WebLinkAbout04/26/2022 - Regular - PacketCity 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 Principles
•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
Mayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Mark Trenary
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, PSRC Transpol-alt, KRCC Transpol
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
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
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 City’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
16. ADJOURNMENT
COMMITTEE MEETINGS Date & Time Location
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
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
City of Port Orchard Page 1 of 11 LX22-008
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.
MIL#: LX22-008
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City of Port Orchard Page 2 of 11 LX22-008
TERM
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 10th 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.
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City of Port Orchard Page 3 of 11 LX22-008
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.
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City of Port Orchard Page 4 of 11 LX22-008
TERMINATION, SUSPENSION, AMENDMENT
12A. This Lease may be 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.
12B. 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.
13B. 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
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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
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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.
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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,
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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.
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LESSOR: State of Washington, Military
Jamila Saidi, Real Property Office
Camp Murray, Building 36
Tacoma, WA 98430-5013
jamila.saidi@mil.wa.gov
253-512-8265 Office
LESSEE: City of Port Orchard
ATTN, Chief Brown
546 Bay Street, Port Orchard, WA, 98366
Mbrown@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 LAW/VENUE
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:___________________________ By:_________________________________
(signature) (signature)
Print Name: Rob Putaansuu Print Name: Bret Daugherty
Title: Mayor Title: The Adjutant General
Date: Date:_______________________________
BOILERPLATE APPROVED AS TO FORM
By:_________________________________
(signature)
Print Name: LTC Alexander Straub ______
Title: Judge Advocate General ______
Page 13 of 174
City of Port Orchard Page 10 of 11 LX22-008
Date: ______
BOILERPLATE APPROVED AS TO FORM
David B. Merchant (signature on file DATE)
Assistant Attorney General
State of ______________________ )
) ss.
County of _____________________ )
On this ______________ day of ________________________________________, 20__, before
me personally appeared ___________________________________________________to me
known to be the _____________________________________________________ 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.
Notary Public in and for the State of Washington,
Residing at
My commission expires
State of ______________________ )
) ss.
County of ____________________)
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.
Notary Public in and for the State of Washington,
Residing at
My commission expires
Page 14 of 174
City of Port Orchard Page 11 of 11 LX22-008
Attachment A
Page 15 of 174
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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 21st, 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 21st, 2022, Hurricane Butterfly provided a quote of
Page 16 of 174
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 21st, 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
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 21st, 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
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 26th day of April 2022.
____________________________________
Robert Putaansuu, Mayor
ATTEST:
____________________________
Brandy Wallace, MMC, City Clerk
Page 19 of 174
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 Required Compliance
Is the Host agency a public agency 1? ☒ Yes ☐ No If Yes, what state laws apply to Host Agency:
Washington
to run a newspaper ad in their local paper
and did they comply
☐ Yes ☒ No Federal and State contract rules usually don’t
require a newspaper ad. For others, attach the
ad or place into the file
website?
☒☐
of date, address shall be attached or placed
the file. If No, you cannot use the bid.
Host agency’s state procurement laws?
☒ Yes ☐ No If Yes, obtain documentation to support answer
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
Estimate
Date
4/21/2022
Estimate #
22-0023
Name / Address
Port Orchard Police Department
Nathan Lynch
546 Bay St.
Port Orchard, WA. 98366
Ship To
Port Orchard Police Department
ATTN: MATT BROWN
546 Bay St.
Port Orchard, WA. 98366
Hurricane Butterfly Law Enforcement
16432 N. Midland Boulevard
Suite 14
Nampa, ID 83687
P.O. No.Project
Total
Description Qty Rate Total
VPAM/DOJ ACH-Level IIIA / 17grFSP/16grRCC Frag rated - Mid
Cut - (Wilcox NVG, Rails, Dial Retention, 7 pad) - S/MD BLACK
12 1,602.65333 19,231.84T
VPAM/DOJ ACH-Level IIIA / 17grFSP/16grRCC Frag rated - Mid
Cut - (Wilcox NVG, Rails, Dial Retention, 7 pad) - L/XL BLACK
13 1,602.65308 20,834.49T
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
$40,366.33
Page 21 of 174
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 Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Trenary Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu 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
Minutes of April 12, 2022
Page 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.
5. 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 4th.
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
Minutes of April 12, 2022
Page 3 of 7
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
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
Minutes of April 12, 2022
Page 5 of 7
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
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 18th. The Finance Committee is scheduled to meet April 19th. The Transportation
Committee is scheduled to meet April 26th. The Festival of Chimes and Lights Committee is scheduled
to meet April 18th. The Land Use Committee is scheduled to meet April 20th. The Sewer Advisory
Committee is scheduled to meet May 18th.
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
Minutes of April 12, 2022
Page 7 of 7
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
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
In Re: National
Prescription Opiate Litigation
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
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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 2021-3982 DWSRF Loan No: DWL27175
• Loan Amount $8,080,000
• City Share $8,000,000
• Loan Fee $80,000
• Loan Term 20-years
• Interest Rate 1.75%
• Payment Month October 1st Annually
• Effective Date 04/26/2022
• Project Completion Date 04/26/2026
• Loan End Date 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
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
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
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 26th day of April 2022.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Councilmember
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
PUBLISHED:
EFFECTIVE DATE:
Page 33 of 174
April 11, 2022
City of Port Orchard
Jacki Brown, Utility Manager
216 Prospect Street
Port Orchard, WA 98366
publicworks@cityofportorchard
RE: Loan Contract Number: DWL27175
Dear Jacki Brown;
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@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 bot h
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
Port Orchard Contract No. C058-22
Page 34 of 174
Version History
Date Revision(s) Version
05-15-2018 Original - developed via a team of the
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.
1
Washington State Department of Health
DWSRF Municipal
Loan Boilerplate
May 2018
Page 35 of 174
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
Construction Loan
4. Borrower’s Statutory Authority
5. Borrower Contract Manager Information 6. DOH Contract Manager
Jacki Brown
Utility Manager
360.876.4991
publicworks@cityofportorchard.us
Eloise Rudolph
P.O. Box 47822
Olympia, WA 98504-7822
360.236.3124
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
Loan Fee: $80,000.00
Interest Rate: 1.75%
Federal: State:
Other:
DOE 10/01/2046
12. Federal Funding Agency Environmental Protection Agency
Catalogue of Federal Assistance (CFDA) Number 66.468
13. Borrower Tax ID #
91-6001487
14. SWV #
0265665-00
15. Borrower UBI #
182-000-005
16. Borrower DUNS #
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 VII: 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
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
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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
3. DECLARATIONS
3.1. BORROWER INFORMATION
Legal Name:
City of Port Orchard
Loan Number: DWL27175
Award Year: 2022
State Wide Vendor Number: 0265665-00
3.2. PROJECT INFORMATION
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: $8,080,000.00
Loan Fee (Included in loan amount if applicable): $80,000.00
Principal Loan Forgiveness %: 0%
Loan Term: 20 Years
Interest Rate: 1.75%
Payment Month(s): October 1st Annually
Earliest Date for Construction Reimbursement: 12 months prior to contract execution
Time of Performance:
Competitive Bid Process:
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
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
(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.
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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 c lamps 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 reas onably
available quantities and are not of a satisfactory quality; or
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C. Inclusion of iron and steel products produced in the United States will increase the cost of the overall p roject 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.
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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 43.21C);
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
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.
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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 t he 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
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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:
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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 no tify
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.
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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
2021-3982 City of Port Orchard Well 11 Development, Treatment and Booster Pump Station
DWSRF Scope of Work Form:
COST CATEGORY CURRENT ESTIMATES
Engineering Report (Preliminary Engineering) $183,313.00
Environmental Review $14,918.00
Historical Review/Cultural Review $6,416.00
Land/ROW Acquisition
Permits $62,040.00
Public Involvement/Information $4,336.00
Bid Documents (Design Engineering) $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
DWSRF 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 SOURCE CURRENT STATUS
Grants and Other Non-Matching Funds
Grant #1 $
Grant #2 $
Other Grants $
New Grants $
Total Grants and Other Non-Matching Funds a) $
Loans
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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
Other Funds
Other Funds $0.00
Other Funds $
Total Other Funds d) $
TOTAL PROJECT LOAN e) $8,080,000.00
Page 51 of 174
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 t he
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: _____________
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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 Date
__________________________________
Name and BAR Number (WSBA No.)
_______________________________________________________________________
Address
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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
l) Wild and Scenic Rivers Act, Public Law 90-542 as amended
m) Washington State Environmental Policy Act, Chapter 43.21C 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 La w 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
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k) Chapter 246-291 WAC, Group B Public Water Systems
l) 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)
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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 M inority
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.
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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/WBE1 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.
1 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.
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ATTACHMENT V: CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
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 principa ls, 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.
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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.
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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, th e 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 complian ce as described in
Section I-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 II-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 incorpo rated 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 determin ation. 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 determinati on 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
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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 appropr iate
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 exp ressly 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 a nd such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of th e 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 addition al 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 wher e 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 classificati on
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
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(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 repres entatives,
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 wh ich
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 obligat ions under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representativ e
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 o f
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 wo rking 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 incl ude 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
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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 rat ios 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 mainta ined 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 employme nt as an apprentice in such an apprenticeship program, who is not individually
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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 greate r
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. Wher e 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 r egistered
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 s ite 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 perce ntage 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 b e 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 determin ation
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 subcontrac tor 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.
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(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 t o
the overtime provisions of the Contract Work Hours and Safety Standards Act. Th ese 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 contract ing 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 labor er 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 w orkweek 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 contrac t 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
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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 prevail ing 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 practica ble, 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 freq uent 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 plan s 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.
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
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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
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
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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 26th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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.
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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
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Resolution No. _____
Page 2 of 2
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 26th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
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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 Meeting Date: April 26, 2022
Subject: Adoption of a Resolution Establishing Prepared by: Nicholas Bond, AICP
Fee Schedules for the Departments of DCD Director
Community Development and Public Atty Routing No.: N/A
Works 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.”
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Staff Report 8E
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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.
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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,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON HEREBY RESOLVES
AS FOLLOWS:
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.
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Resolution No. ___
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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 26th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
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1
Exhibit A to Resolution 0XX-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.
3. 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
2
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
$501 to $2,000
$36.00 for the first $500 plus $4.00 for each additional $100,
or fraction thereof, to and including $2,000
$2,001 to $25,000
$96.00 for the first $2,000 plus $17.00 for each additional
$1,000, or fraction thereof, to and including $25,000
$25,001 to $50,000
$487.00 for the first $25,000 plus $12.00 for each additional
$1,000, or fraction thereof, to and including $25,000
$50,001 to $100,000
$787.00 for the first $50,000 plus $9.00 for each additional
$1,000, or fraction thereof, to and including $100,000
$100,001 to $500,000
$1,237.00 for the first $100,000 plus $7.00 for each
additional $1000, or fraction thereof, to and including
$500,000
$500,001 to $1,000,000
$4,037.00 for the first $500,000 plus $6.00 for each
additional $1,000, or fraction thereof, to and including
$1,000,000
$1,000,001 and up
$7,037.00 for the first $1,000,000 plus $5.00 for each
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 Page 99 of 174
3
Retaining walls $19.67
Per Linear
Foot
Tank: Underground or Above Ground, Installation or Removal
Apply Construction
Value to Table 1
Construction
value
(contract
price or
materials x 2)
Roof : Hot Mop/Cold Mop (flat roof)
Apply Construction
Value to Table 1
Calculate
construction
value at $90
per 100 SQ FT
Roof: Composition, Metal
Apply Construction
Value to Table 1
Calculate
construction
value at $70
per 100 SQ FT
Roof: Wood Shake
Apply Construction
Value to Table 1
Calculate
construction
value at $140
per 100 SQ FT
Roof: Concrete, Tile, Slate
Apply Construction
Value to Table 1
Calculate
construction
value at $140
per 100 SQ FT
Roof: Torch Down
Apply Construction
Value to Table 1
Calculate
construction
value at $90
per 100 SQ FT
Residential Misc.
Apply Construction
Value to Table 1
Construction
value
(contract
price or
materials x 2)
Commercial Tenant Improvement and Misc.
Apply Construction
Value to Table 1
Construction
value
(contract
price or
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
plan changes
50% of original
permit fee
Work without a permit – penalty;
Violator must obtain the necessary permit.
Permit fee is
doubled, $65
minimum.
Sign (when a building permit is required)
Apply Construction
Value to Table 1
Construction
value
(contract or
materials x 2) Page 100 of 174
4
Carport or Canopy, pre-fab kit installation $100 Each
Residential siding replacement: permit required when over 1000
sq. ft. or if any structural work is required (POMC 20.200.014)
Apply Construction
Value to Table 1
Calculate
construction
value at $70
per 100 SQ FT
Commercial siding replacement
Apply Construction
Value to Table 1
Calculate
construction
value at $70
per 100 SQ FT
Single Family Residential plan review using a basic plan on a site
specific lot $225 For each use
Windows or Doors
Apply Construction
Value to Table 1
Construction
value
(contract
price or
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
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Alarm, minor modifications to existing Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Sprinkler, new or major modification Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Sprinkler, modifications 20 heads or fewer Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Suppression System, Class 1 Hood and Duct Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Solar Panels: Solar energy/photovoltaic panel system roof
mounted install per WAC 51-51-2300 Sec. M2302
$235 each
Standpipe System Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Tank: Underground or Above Ground, Installation or
Removal
Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Compressed Gasses Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Page 101 of 174
5
Marijuana Extraction Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Construction permits unless otherwise listed Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Operational Amount Calculation
Carbon Dioxide Systems Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
High Piled Storage Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Marijuana Extraction Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Temporary Tent or Membrane Structure Permit required.
No permit fee.
Fire operational permits unless otherwise listed Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
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 $9.80 Each Page 102 of 174
6
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 outlets) $10.65 Each Page 103 of 174
7
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 $10.65 Each
Propane tank over 2000 gallons $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 Page 104 of 174
8
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
9
TABLE 13:
Other Review
Request for a statement of restrictions per
RCW 35.21.475 $75
Accessory Dwelling Units $75
Administrative Interpretation (POMC Chapter
20.10)
$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 application shall be paid by
the applicant prior to issuance of a decision
Nonconforming Use $150
Pre-Application Meeting
$150 (100% is credited to a subsequent
related land use application if filed within
12 months)
Development Agreements
$1,000
Applied to the city’s costs including city
attorney fees regardless of whether a
development agreement is approved
Comp Plan Amendment (Text) $500
Comp Plan Amendment (Map) $1,875
Forest Practices Application (Local Approval) $300
Pre-Submittal Design Review
$150 (up to 100% credited to a subsequent
related permit application if filed within 12
months)
Tax Abatement Exemption Application $1,500
Zoning Verification Letter $75
Signs Permits
Signs may also require a building permit. See Section B.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
10
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
Minor Land Disturbing Activity Review and
Permit (disturbances of less than 1,000
square feet) $50
No more than one
minor LDAP may be
issued for the same
property (parcel
and/or address) in any
365 day period.
Land Disturbing Activity Permit Plan
Review
$100 base fee, plus $100 for
the first acre of disturbance
+ $25 for each additional
acre of Disturbance above 1
acre. Area to be rounded up
to the next higher acre.
$100 minimum fee.
(Paid at the time of
application submittal –
covers Land Disturbing
Activity plan review
costs). Acres of
disturbance should be
rounded up to the
nearest acre.
Land Disturbing Activity Permit
$100 for the first acre of
disturbance + $50 for each
additional acre of
Disturbance above 1 acre.
Area to be rounded up to
the next higher acre. $100
minimum fee.
(Paid at time of permit
issuance – covers Land
Disturbing inspection
costs). Acres of
disturbance rounded
up to the nearest acre.
Stormwater Drainage Permit Plan Review
$100 for the first 3,000
square feet of new and
replaced hard surface to be
constructed + $25 for each
additional 3,000 square feet
or fraction thereof of hard
surface to be constructed.
$100 minimum fee.
(Paid at the time of
application submittal –
covers hard surface
and stormwater
improvement plan
review costs).
Stormwater Drainage Permit
$100 for the first 3,000
square feet of new and
replaced hard surface to be
constructed + $50 for each
additional 3,000 square feet
or fraction thereof of hard
surface to be constructed.
$100 minimum fee.
Stormwater Drainage
Permit (Paid at time of
permit issuance –
covers hard surface
and stormwater
inspection costs)
Street Use Permit Application Fee $50
Tree cutting permit $50
Latecomer Agreement Review Fee $500 Deposit
The applicant shall pay
the actual fee,
including city attorney
costs, for preparing the
latecomer agreement
ROW Permit, Tier 1 $50
For uses which do not
include the physical Page 107 of 174
11
disturbance of the
right-of-way.
ROW Permit, Tier 2 $230
For activities which
alter the appearance,
or disturb the surface
or sub-surface, or allow
long term use of the
right-of-way.
Work without a Permit – Penalty
Permit fee is doubled; $65
minimum.
Violator must obtain
the required permit
and pay twice the
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
Application Fee (also
the total review fee for
applications reviewed
in house by the City)
B
Review Performed by Consultant:
A scope and fee shall be obtained from the
Consultant after the application is received.
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
12
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
–
Reinspection, Building/Fire
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 permit and when the work is performed. Page 109 of 174
13
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 110 of 174
14
Building Code Building Board of Appeals
(BBOA)
$450
Concurrency Denial Public Works Director $100
Development Agreement Same as underlying permit
or associated legislative
approval
Depends on underlying permit.
Director’s Code
Interpretation
Superior Court Appeals and any associated fees
go directly to Superior Court.
Fire Authority’s Decision Building Board of Appeals
(BBOA)
$450
Illicit Discharge Detection
and Elimination (IDDE)
Notice and Order,
revocation of permit, or
assessment of costs of
abatement
City Council $450
IDDE Appeal, independent
consultant services
City Council $500 - $1,500 deposit for
Consultant services, actual costs
to be paid. See Section F for
consultant fees.
Impact Fee Amount
Reconsideration
Director $100
Impact Fee Amount
Established Upon
Reconsideration by the
Director
Hearing Examiner $450
Impact Fee Credit
Reconsideration
Director $100
Impact Fee Credit
Established Upon
Reconsideration by the
Director
Hearing Examiner $450
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
certified transcription of
hearing for appeal from
Hearing Examiner’s decision
Hearing Examiner Deposit is based on fee estimate
from transcription service. After
the final invoice, any remainder of
the deposit shall be refunded. Any
fees in excess of the deposit shall
be paid by the applicant.
Type II Permit, appeal of
Hearing Examiner’s appeal
decision
Superior Court Appeals and any associated fees
go directly to Superior Court.
Type III permit, appeal of
Hearing Examiner’s decision
Superior Court Appeals and any associated fees
go directly to Superior Court.
I. 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
15
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 ½ 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
$75 for each occurrence
(not charged when a Work Without a Permit
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, processing or inspection will be deducted. Page 112 of 174
16
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
or returned building or fire permit
application prior to issuing a permit:
Expended staff hours shall be deducted.
No refund shall exceed 80% of the plan review fee.
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
or returned Public Works LDAP or SDP
permit applications prior to issuing a
permit:
Expended staff hours shall be deducted.
No refund shall exceed 80% of the plan review fee.
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
17
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, c
Group (2015 International Building Code)
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
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
I-1 Institutional, supervised environment 244.45 236.08 229.06 219.82 202.16 196.58 220.10 181.25 175.81
I-2 Institutional, hospitals 401.22 392.40 383.83 374.40 354.29 0.00 366.00 331.40 0.00
I-2 Institutional, nursing homes 279.15 270.32 61.76 252.33 234.64 0.00 243.93 211.75 0.00
I-3 Institutional, restrained 273.40 264.57 256.00 246.57 229.13 220.58 238.17 206.24 196.56
I-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
\t
RESOLUTTON NO.034-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEATING AND REPTACING RESOLUTION NO. 046-18 AND
RESOLUTION NO. 019-08 AND ESTABLISHING NEW FEE SCHEDULES FOR
THE DEPARTMENTS OF COMMUNIry DEVEIOPMENT 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 20L8, with an effective date of October 15, 201-8, 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,
THE CITY COUNCTL OF THE C|TY OF PORT ORCHARD, WASHTNGTON HEREBY RESOLVES
AS FOLLOWS:
THAT: Resolution No. 046-18 and Resolution No. 019-08 are hereby repealed in their
entirety effective as of LL: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, L2:00 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
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 circumsta nces.
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 L8th day of August 2020.
\r- ^D
Robert iuii6nsrb Mayor
ATTEST:
3.P oi
arson,MMC, City Clerk
SEAL
Page 116 of 174
1
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 117 of 174
2
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
2 and 3.
$1 to $500 $36.00
$501 to $2,000
$36.00 for the first $500 plus $4.00 for each additional $100,
$96.00 for the first $2,000 plus $17.00 for each additional
$487.00 for the first $25,000 plus $12.00 for each additional
$787.00 for the first $50,000 plus $9.00 for each additional
additional $1000, or fraction thereof, to and including
additional $1,000, or fraction thereof, to and including
$7,037.00 for the first $1,000,000 plus $5.00 for each
TABLE 2:
Residential Single Family
Building Permit Type Amount
Unit of
Measure
Page 118 of 174
3
New, remodel, or repairs to freestanding roof structures and carports,
TABLE 3:
Shoreline bulkhead walls $118
Per Linear
Foot
Demolition $65 Each
Fences over 6 feet in height $11.74
Per Linear
Foot
Retaining walls $19.67
Per Linear
Foot
Re-inspection (charged for the 2nd reinspection and subsequent
re-inspections of the same inspection). $65 Each
Fire Alarm, new or alterations to existing
Apply Construction
value
(contract
price or
Apply Construction
value
(contract
price or
Apply Construction
value
(contract
price or
Apply Construction
value
(contract
price or
Apply Construction
construction
value at $90
Apply Construction
construction
value at $70
Page 119 of 174
4
Apply Construction
construction
value at $140
Apply Construction
construction
value at $140
Apply Construction
construction
value at $90
Apply Construction
value
(contract
price or
Apply Construction
value
(contract
price or
Work without a permit – penalty; doubled, $65
Apply Construction
value
(contract or
Apply Construction
construction
value at $70
Page 120 of 174
5
price or
Plan review fee, minor revisions to plans which were previously minimum 1
Plumbing Permit Fees
Plumbing permit fees shall be calculated using the commercial and residential schedules in Tables 4 and
5 below.
TABLE 4:
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:
Page 121 of 174
6
Mechanical Permit Fees
Mechanical permit fees shall be calculated using the commercial and residential schedules in Tables 6
and 7 below.
TABLE 6:
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 $10.65 Each
Propane tank over 2000 gallons $10.65 Each
TABLE 7:
Page 122 of 174
7
Residential Mechanical Permit Fees
Residential Mechanical Fixtures Fee Per
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:
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
Page 123 of 174
8
TABLE 9:
Project Checklist Review and Threshold
Non-Project Checklist Review and Threshold
TABLE 10:
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:
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 124 of 174
9
Other Review
Administrative Interpretation (POMC Chapter
be required if city attorney review is
required, any city attorney expenses
related to an application for an
administrative application shall be paid by
related land use application if filed within
city’s costs including city attorney fees
regardless of whether a development
related permit application if filed within 12
Signs Permits
Signs may also require a building permit. See B.4 and Table 3.
TABLE 13:
Sign Permits
Page 125 of 174
10
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:
Minor Land Disturbing Activity Review and
Permit (disturbances of less than 1,000
minor LDAP may be
issued for the same
property (parcel
and/or address) in any
Land Disturbing Activity Permit Plan
$100 for the first acre of
disturbance + $25 for each
additional acre of
Disturbance above 1 acre.
Area to be rounded up to
the next higher acre. $100
application submittal –
covers Land Disturbing
Activity plan review
costs). Acres of
disturbance should be
rounded to the nearest
disturbance + $50 for each
additional acre of
Disturbance above 1 acre.
Area to be rounded up to
the next higher acre. $100
(Paid at time of permit
issuance – covers Land
Disturbing inspection
costs). Acres of
disturbance rounded to
square feet of new and
replaced hard surface to be
constructed + $25 for each
additional 3,000 square feet
or fraction thereof of hard
surface to be constructed.
(Paid at the time of
application submittal –
covers hard surface
and stormwater
improvement plan
square feet of new and
replaced hard surface to be
constructed + $50 for each
additional 3,000 square feet
or fraction thereof of hard
surface to be constructed.
Stormwater Drainage
Permit (Paid at time of
permit issuance –
covers hard surface
and stormwater
Page 126 of 174
11
the actual fee,
including city attorney
costs, for preparing the
include the physical
disturbance of the
alter the appearance,
or disturb the surface
or sub-surface, or allow
long term use of the
Permit fee is doubled; $65
the required permit
and pay twice the
TABLE 15:
Street Vacation Petition Fee $120
Street Vacation Appraisal Fee (Refundable
Deposit)
$500 Deposit, Petitioner shall pay the actual cost
of the appraisal.
TABLE 16:
Application for Impact Fee Deferral $300 minimum
Lien release for Impact Fee Deferral $300 minimum
TABLE 17:
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.
Page 127 of 174
12
the total review fee for
applications reviewed
in house by the City)
Consultant –
Application submitted
after a scope and fee
Consultant –
Application submitted
prior to obtaining
the amount shown in
the scope and fee
provided by the City’s
actual fee for
concurrency review to
be paid by the
the amount shown in
the scope and fee
provided by the City’s
actual fee for
concurrency review to
be paid by the
the amount shown in
the scope and fee
provided by the City’s
actual fee for
concurrency review to
be paid by the
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:
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
construction value of $6,000 or higher
Page 128 of 174
13
TABLE 20:
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:
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
be charged if paid on a Comprehensive Plan
Amendment submitted concurrently)
TABLE 22:
Page 129 of 174
14
PUBLIC WORKS PERMITS
Type Amount
Stormwater Drainage Permit (This fee shall not be
charged more than once per project if the
permits are issued simultaneously)
TABLE 23:
Formal Pre-Application Conference
(not credited towards a future application fee)
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 130 of 174
15
TABLE 24:
Abatement Hearing Officer $100
Building Code Building Board of Appeals
(BBOA)
$450
Concurrency Denial Public Works Director $100
Development Agreement Same as underlying permit
or associated legislative
Elimination (IDDE) Notice and
Order, revocation of permit, or
consultant services consultant services, actual costs
Upon Reconsideration by the
Upon Reconsideration by the
certified transcription of hearing
for appeal from Hearing
Examiner’s decision
from transcription service. After
the final invoice, any remainder of
the deposit shall be refunded. Any
fees in excess of the deposit shall
Page 131 of 174
16
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 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:
Electronic documents on digital storage media or
devices Actual cost
Photocopies, 8 ½ 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
Page 132 of 174
17
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, b, c, d
Group (2015 International Building Code)
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
A-1 Assembly, theaters, with stage
A-1 Assembly, theaters, without stage
A-2 Assembly, nightclubs
A-2 Assembly, restaurants, bars, banquet halls
A-3 Assembly, churches
A-3 Assembly, general, community halls, libraries,
A-4 Assembly, arenas
B Business
E Educational
F-1 Factory and industrial, moderate hazard
F-2 Factory and industrial, low hazard
H-1 High Hazard, explosives
H234 High Hazard
H-5 HPM
I-1 Institutional, supervised environment
I-2 Institutional, hospitals
I-2 Institutional, nursing homes
I-3 Institutional, restrained
I-4 Institutional, day care facilities
M Mercantile
R-1 Residential, hotels
Page 133 of 174
18
R-2 Residential, multiple family
R-3 Residential, one- and two-family
R-4 Residential, care/assisted living facilities
S-1 Storage, moderate hazard
S-2 Storage, low hazard
U Utility, miscellaneous
a. Private Garages use Utility, miscellaneous
b. Unfinished basements (all use group) = $15.00 per sq. ft.
c. For shell only buildings deduct 20 percent
d. N.P. = not permitted
Page 134 of 174
1
Exhibit A to Resolution 0XX‐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.
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. 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, 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
2
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
$501 to $2,000
$36.00 for the first $500 plus $4.00 for each additional $100,
or fraction thereof, to and including $2,000
$2,001 to $25,000
$96.00 for the first $2,000 plus $17.00 for each additional
$1,000, or fraction thereof, to and including $25,000
$25,001 to $50,000
$487.00 for the first $25,000 plus $12.00 for each additional
$1,000, or fraction thereof, to and including $25,000
$50,001 to $100,000
$787.00 for the first $50,000 plus $9.00 for each additional
$1,000, or fraction thereof, to and including $100,000
$100,001 to $500,000
$1,237.00 for the first $100,000 plus $7.00 for each
additional $1000, or fraction thereof, to and including
$500,000
$500,001 to $1,000,000
$4,037.00 for the first $500,000 plus $6.00 for each
additional $1,000, or fraction thereof, to and including
$1,000,000
$1,000,001 and up
$7,037.00 for the first $1,000,000 plus $5.00 for each
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) $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 Page 136 of 174
3
Fences over 6 feet in height $11.74
Per Linear
Foot
Retaining walls $19.67
Per Linear
Foot
Tank: Underground or Above Ground, Installation or Removal
Apply Construction
Value to Table 1
Construction
value
(contract
price or
materials x 2)
Roof : Hot Mop/Cold Mop (flat roof)
Apply Construction
Value to Table 1
Calculate
construction
value at $90
per 100 SQ FT
Roof: Composition, Metal
Apply Construction
Value to Table 1
Calculate
construction
value at $70
per 100 SQ FT
Roof: Wood Shake
Apply Construction
Value to Table 1
Calculate
construction
value at $140
per 100 SQ FT
Roof: Concrete, Tile, Slate
Apply Construction
Value to Table 1
Calculate
construction
value at $140
per 100 SQ FT
Roof: Torch Down
Apply Construction
Value to Table 1
Calculate
construction
value at $90
per 100 SQ FT
Residential Misc.
Apply Construction
Value to Table 1
Construction
value
(contract
price or
materials x 2)
Commercial Tenant Improvement and Misc.
Apply Construction
Value to Table 1
Construction
value
(contract
price or
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,
Expired Permit Reactivation, no plan changes
50% of original
permit fee
Work without a permit – penalty;
Violator must obtain the necessary permit.
Permit fee is
doubled, $65
minimum.
Sign (when a building permit is required)
Apply Construction
Value to Table 1
Construction
value Page 137 of 174
4
(contract or
materials x 2)
Carport or Canopy, pre‐fab kit installation $100 Each
Residential siding replacement: permit required when over 1000
sq. ft. or if any structural work is required (POMC 20.200.014)
Apply Construction
Value to Table 1
Calculate
construction
value at $70
per 100 SQ FT
Commercial siding replacement
Apply Construction
Value to Table 1
Calculate
construction
value at $70
per 100 SQ FT
Single Family Residential plan review using a basic plan on a site
specific lot $225 For each use
Windows or Doors
Apply Construction
Value to Table 1
Construction
value
(contract
price or
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
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Alarm, minor modifications to existing Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Sprinkler, new or major modification Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Sprinkler, modifications 20 heads or fewer Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Suppression System, Class 1 Hood and Duct Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Solar Panels: Solar energy/photovoltaic panel system roof
mounted install per WAC 51‐51‐2300 Sec. M2302
$235 each
Standpipe System Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Tank: Underground or Above Ground, Installation or
Removal
Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Compressed Gasses Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Page 138 of 174
5
Marijuana Extraction Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Construction permits unless otherwise listed Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Fire Operational Amount Calculation
Carbon Dioxide Systems Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
High Piled Storage Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Marijuana Extraction Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Temporary Tent or Membrane Structure Permit required.
No permit fee.
Fire operational permits unless otherwise listed Construction value
(contract price or
materials x 2)
Apply Table 1 to
construction value
Plumbing Permit Fees
Plumbing permit fees shall be calculated using the commercial and residential schedules in Tables 4 5 and 5 6below.
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 $9.80 Each Page 139 of 174
6
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 6 7 and 7
8below.
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
Class Type 1 Hood & Duct Systems $10.65 Each
Class 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 Page 140 of 174
7
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 $10.65 Each
Propane tank over 2000 gallons $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 WH 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 POMC Title 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 $2,100 plus Hearing Examiner fees
Major Modifications to a Preliminary Plat,
21+ lots $2,100 + $50 per lot plus Hearing Examiner fees Page 141 of 174
8
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 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 $1,275 375 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) $1,275 375 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 142 of 174
9
TABLE 13:
Other Review
Request for a statement of restrictions per
RCW 35.21.475 $75
Accessory Dwelling Units $75
Administrative Interpretation (POMC Chapter
20.10)
$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 application shall be paid by
the applicant prior to issuance of a decision
Nonconforming Use $150
Pre‐Application Meeting
$150 (100% is credited to a subsequent
related land use application if filed within
12 months)
Development Agreements
$1,000
Deposit, which will be aApplied to the city’s
costs including city attorney fees regardless
of whether a development agreement is
approved
Comp Plan Amendment (Text) $500
Comp Plan Amendment (Map) $1,875
Forest Practices Application (Local Approval) $300
Pre‐Submittal Design Review
$150 (up to 100% credited to a subsequent
related permit application if filed within 12
months)
Tax Abatement Exemption Application $1,500
Zoning Verification Letter $75
Signs Permits
Signs may also require a building permit. See Section B.4 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
Page 143 of 174
10
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
Minor Land Disturbing Activity Review and
Permit (disturbances of less than 1,000
square feet) $50
No more than one
minor LDAP may be
issued for the same
property (parcel
and/or address) in any
365 day period.
Land Disturbing Activity Permit Plan
Review
$100 base fee, plus $100 for
the first acre of disturbance
+ $25 for each additional
acre of Disturbance above 1
acre. Area to be rounded up
to the next higher acre.
$100 minimum fee.
(Paid at the time of
application submittal –
covers Land Disturbing
Activity plan review
costs). Acres of
disturbance should be
rounded up to the
nearest acre.
Land Disturbing Activity Permit
$100 for the first acre of
disturbance + $50 for each
additional acre of
Disturbance above 1 acre.
Area to be rounded up to
the next higher acre. $100
minimum fee.
(Paid at time of permit
issuance – covers Land
Disturbing inspection
costs). Acres of
disturbance rounded
up to the nearest acre.
Stormwater Drainage Permit Plan Review
$100 for the first 3,000
square feet of new and
replaced hard surface to be
constructed + $25 for each
additional 3,000 square feet
or fraction thereof of hard
surface to be constructed.
$100 minimum fee.
(Paid at the time of
application submittal –
covers hard surface
and stormwater
improvement plan
review costs).
Stormwater Drainage Permit
$100 for the first 3,000
square feet of new and
replaced hard surface to be
constructed + $50 for each
additional 3,000 square feet
or fraction thereof of hard
surface to be constructed.
$100 minimum fee.
Stormwater Drainage
Permit (Paid at time of
permit issuance –
covers hard surface
and stormwater
inspection costs)
Street Use Permit Application Fee $50
Tree cutting permit $50
Latecomer Agreement Review Fee $500 Deposit
The applicant shall pay
the actual fee,
including city attorney
costs, for preparing the
latecomer agreement
Page 144 of 174
11
ROW Permit, Tier 1 $50
For uses which do not
include the physical
disturbance of the
right‐of‐way.
ROW Permit, Tier 2 $230
For activities which
alter the appearance,
or disturb the surface
or sub‐surface, or allow
long term use of the
right‐of‐way.
Work without a Permit – Penalty
Permit fee is doubled; $65
minimum.
Violator must obtain
the required permit
and pay twice the
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 a depositconsultant review is required, pursuant to table, the deposit shall be applied tothe 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
Application Fee (also
the total review fee for
applications reviewed
in house by the City)
B
Review Performed by Consultant:
Application submitted after aA scope and fee
has beenshall be obtained from the Consultant
after the application is received.
Transportation $150 The applicant shall pay the amount shown in
the scope and fee provided by the City’s
Consultant.Either Tier 1 (limited review) or Tier
2 (full review) fixed fees listed in consultant fee Page 145 of 174
12
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 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
E.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.
Page 146 of 174
13
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 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 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.
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. Page 147 of 174
14
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
(BBOA)
$450
Concurrency Denial Public Works Director $100
Development Agreement Same as underlying permit
or associated legislative
approval
Depends on underlying permit.
Director’s Code
Interpretation
Superior Court Appeals and any associated fees
go directly to Superior Court.
Fire Authority’s Decision Building Board of Appeals
(BBOA)
$450
Illicit Discharge Detection
and Elimination (IDDE)
Notice and Order,
revocation of permit, or
assessment of costs of
abatement
City Council $450
IDDE Appeal, independent
consultant services
City Council $500 ‐ $1,500 deposit for
Consultant services, actual costs
to be paid. See Section F for
consultant fees.
Impact Fee Amount
Reconsideration
Director $100
Impact Fee Amount
Established Upon
Reconsideration by the
Director
Hearing Examiner $450
Impact Fee Credit
Reconsideration
Director $100
Impact Fee Credit
Established Upon
Reconsideration by the
Director
Hearing Examiner $450
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
certified transcription of
Hearing Examiner Deposit is based on fee estimate
from transcription service. After
the final invoice, any remainder of Page 148 of 174
15
hearing for appeal from
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
Hearing Examiner’s appeal
decision
Superior Court Appeals and any associated fees
go directly to Superior Court.
Type III permit, appeal of
Hearing Examiner’s decision
Superior Court Appeals and any associated fees
go directly to Superior Court.
I. 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 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 ½ 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
$65 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
16
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, 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 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
or returned building or fire permit
application prior to issuing a permit:
Expended staff hours shall be deducted.
No refund shall exceed 80% of the plan review fee.
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
or returned Public Works LDAP or SDP
permit applications prior to issuing a
permit:
Expended staff hours shall be deducted.
No refund shall exceed 80% of the plan review fee.
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
17
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, c, d
Group (2015 International Building Code)
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
A-1 Assembly, theaters, with stage 247.86
309.06
239.47
298.66
233.25
291.64
223.81
280.58
210.17
263.98
204.10
255.82
216.62
272.02
195.46
244.80
188.40
237.02
A-1 Assembly, theaters, without stage 227.10
282.85
218.71
272.45
212.49
265.42
203.05
215.36
189.41
202.99
183.34
229.61
195.86
245.81
174.70
218.59
167.65
210.80
A-2 Assembly, nightclubs 191.96
237.31
186.56
230.23
182.12
224.56
174.70
215.36
164.94
202.99
160.39
197.40
168.64
207.69
149.29
183.68
144.33
177.40
A-2 Assembly, restaurants, bars, banquet halls 190.96
236.31
185.56
229.23
180.12
222.56
173.70
214.36
169.94
200.99
159.39
196.40
167.64
206.69
147.29
181.68
143.33
176.40
A-3 Assembly, churches 229.69
286.90
221.30
276.49
215.08
269.47
205.64
258.42
192.37
242.23
187.27
234.07
198.45
249.86
177.66
223.05
170.60
215.26
A-3 Assembly, general, community halls, libraries,
museums
192.20
244.77
183.81
234.37
176.59
226.34
168.15
216.29
153.51
198.94
148.44
191.79
160.96
207.73
138.80
179.77
132.75
172.98
A-4 Assembly, arenas 226.10
281.85
217.71
271.45
210.49
263.42
202.05
253.37
187.41
235.77
182.34
228.61
194.86
244.61
172.70
216.59
166.65
209.80
B Business 200.26
240.90
192.96
232.07
186.54
223.51
177.38
214.08
161.90
194.91
155.84
187.36
170.40
205.68
142.43
172.02
136.08
164.34
E Educational 209.90
257.70
202.64
248.89
196.82
242.35
188.34
231.90
175.49
216.47
166.60
205.54
181.86
223.92
153.45
189.21
148.75
183.31
F-1 Factory and industrial, moderate hazard 117.60
144.93
112.19
138.11
105.97
130.39
101.84
125.40
91.54
112.49
87.26
107.10
97.61
120.02
75.29
92.69
70.95
86.88
F-2 Factory and industrial, low hazard 116.60
143.93
111.19
137.11
105.97
130.39
100.84
124.40
91.54
112.49
86.26
106.10
96.61
119.02
75.29
92.69
69.95
85.88
H-1 High Hazard, explosives 109.99
135.29
104.58
128.47
99.35
121.75
94.22
115.76
85.14
104.14
79.87
97.75
89.99
110.39
68.89
84.34
0.00
0.00
H234 High Hazard 109.99
135.29
104.58
128.47
99.35
121.75
94.22
115.76
85.14
104.14
79.87
97.75
89.99
110.39
68.89
84.34
63.56
77.53
H-5 HPM 200.26
240.90
192.96
232.07
186.54
223.51
177.38
214.08
161.90
194.91
155.84
187.36
170.40
205.68
142.43
172.02
136.08
164.34
I-1 Institutional, supervised environment 197.83
244.45
191.05
236.08
185.12
229.06
177.91
219.82
163.28
202.16
158.81
196.58
178.06
220.10
146.98
181.25
142.33
175.81
I-2 Institutional, hospitals 335.53
401.22
328.23
392.40
321.81
383.83
312.65
374.40
296.45
354.29
0.00
0.00
305.67
366.00
276.99
331.40
0.00
0.00
I-2 Institutional, nursing homes 233.12
279.15
225.82
270.32
219.40
261.76
210.24
252.33
195.51
234.64
0.00
0.00
203.26
243.93
176.05
211.75
0.00
0.00
Page 151 of 174
18
I-3 Institutional, restrained 227.71
273.40
220.41
264.57
213.99
256.00
204.83
246.57
190.84
229.13
183.78
220.58
197.85
238.17
171.63
206.24
163.02
196.56
I-4 Institutional, day care facilities 197.83
244.45
191.05
236.08
185.12
229.06
177.91
219.82
163.28
202.16
158.81
196.58
178.06
220.10
146.98
181.25
142.33
175.81
M Mercantile 142.95
177.02
137.54
169.94
132.11
163.27
125.68
155.07
115.38
142.48
111.83
137.88
119.62
147.40
99.73
123.17
95.77
117.89
R-1 Residential, hotels 199.70
246.94
192.92
238.56
186.99
231.54
179.78
222.30
164.90
204.35
160.43
198.77
179.93
222.58
148.60
183.44
143.96
178.00
R-2 Residential, multiple family 167.27
206.81
160.48
198.43
154,56
191.41
147.35
182.17
133.71
165.41
129.23
159.83
147.50
182.46
117.40
144.50
112.76
139.06
R-3 Residential, one- and two-familyd 155.84
192.58
151.61
187.37
147.83
182.53
144.09
178.04
138.94
172.85
135.27
166.59
141.72
175.01
130.04
160.35
122.46
150.87
R-4 Residential, care/assisted living facilities 197.83
244.45
191.05
236.08
185.12
229.06
177.91
219.82
163.28
202.16
158.81
196.58
178.06
220.10
146.98
181.25
142.33
175.81
S-1 Storage, moderate hazard 108.99
134.29
103.58
127.47
97.35
119.75
93.22
114.76
83.14
102.14
78.87
96.75
88.99
109.39
66.89
82.34
62.56
76.53
S-2 Storage, low hazard 107.99
133.29
102.58
126.47
97.35
119.75
92.22
113.76
83.14
102.14
77.87
95.75
87.99
108.39
66.89
82.34
61.56
75.53
U Utility, miscellaneous 84.66
104.98
79.81
99.04
74.65
93.31
71.30
89.21
64.01
80.44
59.80
74.45
68.04
85.33
50.69
63.42
48.30
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
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
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
Staff Report 8F
Page 2 of 2
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
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,
HEREBY RESOLVES AS FOLLOWS:
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 26th day of April 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Page 155 of 174
Applicant Resolution/Authorization
Organization Name (sponsor) ______________________________________________________________________________
Resolution No. or Document Name________________________________________________________________________
Project(s) Number(s), and Name(s)___________________________________________________________________________
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:
1.Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above “Project(s).”
2.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:
Grant Document Name of Signatory or Title of Person Authorized to Sign
administering of the grant and
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 above persons are considered an “authorized representative(s)/agent(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.
Exhibit A
Page 156 of 174
3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.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.
5.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.
7.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 authorizedrepresentative(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) executesthe Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization.
8.Any grant assistance received will be used for only direct eligible and allowable costs that arereasonable and necessary to implement the project(s) referenced above.
9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for thegrant, 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-cashmatching 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 requestpayment 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, grantreports, 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 inwriting 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 (whichdocuments 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
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 ownsthe 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 ourorganization 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.
15.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 ourorganization 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 ________________________________________________________________ Date _____________________________________
On File at:___________________________________________________________________________________________________
This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only):
Location:___________________________________________________________________Date:___________________________
Washington State Attorney General’s Office
Approved as to form _______________________________________________ 2/13/2020_____________________
Assistant Attorney General Date
You may reproduce the above language in your own format; however, text may not change.
Page 158 of 174
Applicant Resolution/Authorization
Organization Name (sponsor) ______________________________________________________________________________
Resolution No. or Document Name________________________________________________________________________
Project(s) Number(s), and Name(s)___________________________________________________________________________
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:
1.Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above “Project(s).”
2.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:
Grant Document Name of Signatory or Title of Person Authorized to Sign
administering of the grant and
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 above persons are considered an “authorized representative(s)/agent(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.
Exhibit B
Page 159 of 174
3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.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.
5.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.
7.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 authorizedrepresentative(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) executesthe Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization.
8.Any grant assistance received will be used for only direct eligible and allowable costs that arereasonable and necessary to implement the project(s) referenced above.
9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for thegrant, 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-cashmatching 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 requestpayment 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, grantreports, 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 inwriting 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 (whichdocuments 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
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 ownsthe 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 ourorganization 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.
15.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 ourorganization 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 ________________________________________________________________ Date _____________________________________
On File at:___________________________________________________________________________________________________
This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only):
Location:___________________________________________________________________Date:___________________________
Washington State Attorney General’s Office
Approved as to form _______________________________________________ 2/13/2020_____________________
Assistant Attorney General Date
You may reproduce the above language in your own format; however, text may not change.
Page 161 of 174
Applicant Resolution/Authorization
Organization Name (sponsor) ______________________________________________________________________________
Resolution No. or Document Name________________________________________________________________________
Project(s) Number(s), and Name(s)___________________________________________________________________________
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:
1.Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above “Project(s).”
2.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:
Grant Document Name of Signatory or Title of Person Authorized to Sign
administering of the grant and
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 above persons are considered an “authorized representative(s)/agent(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.
Exhibit C
Page 162 of 174
3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.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.
5.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.
7.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 authorizedrepresentative(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) executesthe Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization.
8.Any grant assistance received will be used for only direct eligible and allowable costs that arereasonable and necessary to implement the project(s) referenced above.
9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for thegrant, 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-cashmatching 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 requestpayment 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, grantreports, 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 inwriting 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 (whichdocuments 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
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 ownsthe 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 ourorganization 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.
15.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 ourorganization 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 ________________________________________________________________ Date _____________________________________
On File at:___________________________________________________________________________________________________
This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only):
Location:___________________________________________________________________Date:___________________________
Washington State Attorney General’s Office
Approved as to form _______________________________________________ 2/13/2020_____________________
Assistant Attorney General Date
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
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
Specnl Everur Prnrur AppllcRnou
(Ponr Oncreno Murunpnl Cooe 5.94 aruo 5.96!
sTANDARD PRocEsstNG rre: $50.00
ADDITIoNAI EXPEDITED rEE (uss nrat'l 90 BUr MoRE rHnH 30 orys arronr eve rur): 550.00
8fttrnp
Event Overview
Admission Fees:
Event Details
Name of event: Mustangs on the Waterfront
Location of event: Port Orchard Waterfront
Type of Event:festival frtatVnun[lParadel Jr/endorFairl lBlockParty r'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.
Does your event require a paid fee for participants and/or spectators?r'Jt"'l No
Does your event require minimum or suggested donation for participants and/or spectators?r'/es
lNo
Ad mission/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.
Set Up Starts:Take Down Complete:
Start Day
Sunday
Start Date:
7t3',U2022
Start Time:
6:00 a.m.
End Day
Sunday
End Date:
7131t2022
End Time:
5:00 p.m.
Event Dates/Times: lndicate Dates/Times OPEN to attendees Expected Daily Attendance:
Participants Spectators volunteers/staff
Day:
Sunday
Date:
7131t2022
Start Time:
0730 a.m.
End Time:
5:00 p.m.300 600 50
Day:Date Start Time:End Time
Day:Date Start Time:End Time
Additional detailsr (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 B:00 a.m.
Time Open to Vendors 7 a.m. to 5 p.m.
City of Port Orchard I Special Event Application
Revised X.2/37/2027
Page 3 of 10Page 166 of 174
Name of Organization:Kitsap M Club
Do you have an active City Business License?trNo What is your UBI number?
Point of Contact N ame: Srrr*ArGfifhdSbgg
Street Address:
1749 NW Palmer Ln
Mailing Address: (if different from street address)
P.O. Box 866
City:gy"ntsrtgn State:yy4 Zin:993,1.1 citY,Tracyton State:zip:
Phone:3606921749 Alternate Phone:Email: mach't ink.net
Organization I nformation*
*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, https://lcb.wa.sov/ for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event?
*lf yes, you must contact the Woshington State Liquor ond Connsbis Boord for a specidl liquor license
Food
you will need to redch out to the Kitsap Public Health Disffict os they may require a temporory food establishment permit,
Visittheir website at https://kitsappublicheslth.orq/FoodSofetv/food vendors.php or coll (360) 728'2235 for informdtion.
2-3
Will your event have any food service and/or
Will your event have professional catering?
Will your event have food trucks?
,.tesrZfve' [lu.lf yes, how many:
lf yes, how many:
lf yes, how many:
2-3
2-3
Will your event have food booths or food vendors?o lf yes, how many:
Restrooms
6
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 Manuol'
No. of users (50% male and 50% female)Minimum number of portable toilets
Up to 240 3
250 to 499 4
500 to 900 6
1,000 to 1,999 t2
2,000 to 2,999 25
3,000 to 3,999 38
4,000 to 4,999 5t)
City of Port Orchard I Special EventApplication
Revised 72/31./2021
Page 4 of 1-0Page 167 of 174
Gorboge dnd Recycling
Amplified Sound
Does your event have any amplified sound?r'Yes No
Noise levels generated shdll not be in excess of allowable levels, consistent with POMC 9.24.050. For more inlormation
please contqct the Port Orchard Police Department (360) 876-1700.
Tents
Does your event include a tent or membrane structure?Applicable
lf yes, what is the tent size:
(4) NTE 10x10 pop ups
Does the tent have si applicable
Moy be required to obtain a permit per POMC 20.2O4.070 pledse contact Community Development (360- 874-5533.
City of Port Orchard I Special Event Application
Revised 72/37/2021
Page 5 of 10
Collection Stations: How many bins are you providing as collection containers at your event?
Recycle Garbage_
t/r'
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
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.
lndicate dates/time of any amplified sound below:
Day:
Sunday
Date:
7131t2022
Start Time:
10:00 a.m.
End Time:
3:00 p.m.
Day:Date:Start Time End Time:
Day:Date:Start Time End Time:
Describe what sound will be amplified, and at
Sound set up usually begins around 9 and
with background music playing inbetween.
what hours (e.g.,7:00am announcements, 8:00am background music, etc.):
ammouncemenUmusic by 10. Amouncements made throughout the day
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 ar6 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.
Page 168 of 174
lJse of City Right-of-Way ond Parking lmpacts
Use of State HighwaY:
Will this event require closure of a State Highway Street (Bay Street/SR166)?
For State Highway Closures (Boy Street), the sponsoring organization must submit the opplicotion to the city at least 720
calendar days before the event ddte. ltpon city approval of the event, the sponsorlng organizatlon shall seek permission
from the Woshington State Deportment olTransportation (WSDOT) by completing an online opplicotion' Once permission is
granted Irom WSDOT, a copy of the Letter of Acknowledgment or on Agreement wlll need to be provided to the ciV.
WSDOTs online application is located ot' https://www.wsdot.wa.sov/contact/events/special-events
Use of Public Property (Right-of-way): eort 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?No
lf yes, indicate what type of public property is requested to be closed and the location {select all that apply):
City Parks:
n Zee Park Village Park Turner Park I Park
Powers Park Park Park
Parking Lots:
o
1: between Orchard
Frederick streets on
the north side of Bay
Street
2: between
Sfieet and
Sidney Avenue, north of
Bay St.
3: five rows of
ng west of
Harrison Ave and east
of and parallel to the
library
4: all parking east
of Lot 3 and Harrison
Ave and west of the
Marina Park
lJor 5: all parkins on CityIJHull property in front of
the Police department
7: all parking spaced
on the library
property which is limited to
library staff only
l-lto.8: employee parking lotUeast of City Hall adjacent to
Prospect AlleY which is
between Kitsap Street and
Prospect Street.
6: abutting the
ped area at the
5W corner of the Bay St
and Dekalb St
intersection
flstreetts I tf requesting street closure,litl out the closure information below and provide a traffic control plan ol 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
City of Port Orchard I Special Event Application
Revised 72/37/2A21
Page 6 of 10Page 169 of 174
Street Closure Details:
Parking lmpacts
Have parking impacts been coordinated with neighbors (residential/business)?No Applicable
lf 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
Street Name:Between
(cross street):
And
(cross street):
Start Date:Start Time:End Date:End Time:
Harrison City parking waterfront Sunday 6:00 a.m.Sunday 5:00 p.m
Sidney Bay St waterfront Sunday 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.
Event Signage
Are you planning to put up temporary signs
POMC 20.732.290 "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
lf so, will they be selling merchandise and/ or food?[1Y", f]Uo
lf so, how many anticipated exhibitors/vendors will be at your event?
POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have o Master
Multi-Vendor Event License (MMVEL). The MMVELIee is $tS.0O per doy or $ZO0 per month. POMC 5.96.O20(3)(a) states the
City of Port Orchard I Special Event Application
Revised 12/31/2027
Page 7 of 10
3-6
Page 170 of 174
sponsor of the moster event shall provide a list of participating vendorc, their business names, their addresses and their Stote
Tax Revenue ldentilication Numbers to the city clerk within three working days after the firct day of the operation.
r 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 1O:00 p.m. and 6:00 a.m.
r 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.
r 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.
o Utilitv 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'
o 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.
o lndividual 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 required to be submitted which includes the following
r'Yes NoVendors:
Beer Garden:
Signage:
Tents:
Public entrances and exits:
Road closures and detours:
Traffic patterns:
Fire Lanes:
Garbage/Recycling:
Ba rricades:
First Aid:
Parking:
Restrooms:
r'Yes
ft"
fl*'
fl*"
fI*"
D"
nN"t
l-lruot
applicable
applicable
applicable
applicable
applicable
applicable
applicable
applicable
applicable
applicable
applicable
applicable
applicable
applicable
o
o
5
I*"
No
f]*o
trt"
fh"
l-lruot
l_lruo.
lf event is a run/walk, list start and stop locations and water/rest stations:
City of Port Orchard I Special Event Application
Revised 72/31/2O27
Page 8 of 10
Page 171 of 174
Insurance
The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days priorto the event with
the City of Port Orchard shown as Additional Named lnsured with minimum coverage to be as follows:
s1,000,000 tiability; $1,000,000 Bodily lnjury
Special Event lnsurance for events held at city-owned facilities can be purchased at eventinsure.hubinternational.com/,
Release
I 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 ond is subject to public disclosure laws in Chapter 42.56 RCW,
l, as the President or Chair of my organization, agree to the terms and conditions listed above.
Signature of of Organization Print Name
/-
Date
F'OR CITY CLERI('S OF'F'ICE USE ONLY
Comments received by
Date final review sent:
Oate SsO Permit Fee Received:
Date $50 Expedited Fee Received (if applicable):
I poli.e ! punti. works I Finance n Community Development n ritsap Transit fl clerk's office I Health District
Date lnsurance Certificate(s) Received:
Does event require a Master Multi-Vendor License: n yes I no lf Yes: ! S15/day fee n S2OO/monthly fee
Number of days:Amount:Date fee paid
City of Port Orchard I Special Event Application
Revised 72/31/2027
Page 9 of 10
Page 172 of 174
$F
P.O. Box 866 Tracyton WA 98393
March2022
Dear Chief Brown,
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 traffrc 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
moming 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 iflas time allows.
If you have any questions, concerns, or need additional clarification or information, please let
me know. I can be reached at360-620-5864 or email machl@silverlink.net. All of us at
Kitsap Mustang Club look forward to and are excited to resume our 34th 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 3I,20221
Sincerely,
Susan Stadshaug
KMC Show Chair
www.kitsapmustan gclub. org
Page 173 of 174
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