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10/25/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair City of Port Orchard Council Meeting Agenda October 25, 2022 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Remote access only Zoom Link: https://us02web.zoom.us/J/88232954752 Zoom Meeting ID: 882 3295 4752 Zoom Call -In: 1 253 215 8782 Fred Chang Guiding Principles Economic Development & Tourism Committee Land Use Committee • Are we raising the bar? Transportation Committee . Are we honoring the past, but not living in the past? Jay Rosa pepe . Are we building connections with outside partners? Finance Committee, Land Use Committee • Is the decision -making process positively impacting diversity, equity, and KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol inclusion? alt, KRCC Planpol-alt, John Clauson 1. CALL TO ORDER Finance Committee, Chair Utilities/Sewer Advisory Committee A. Pledge of Allegiance 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 Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Tony Lang Public Works Director 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, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@portorchardwa.gov 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. Adoption of a Resolution Accenting a Sight Distance Easement from Century Communities of Washington, LLC for a Portion of Assessor's Tax Parcel No. 5704-000-081-0000 and 5704-000-093-0006 Located in McCormick West Division 12 (Hammer) Page 4 D. Adoption of a Resolution Repealing Resolutions Accepting Public Pedestrian Access Easements Located in McCormick West Division 11 (Hammer) Page 12 E. Adoption of a Resolution Authorizing the Mayor to Termination Interlocal Agreement with Kitsap Fire District #7 for Chaplain Services (Archer) Page 38 F. Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Title VI Requirements (Lang) Page 48 G. Approval of an Amendment to Contract No. 057-22 with SAFEBuilt Consultants for Building/Fire Code Plan Review and Building Code Inspection Services (Bond) Page 83 H. Approval of the September 27, 2022, City Council Meeting Minutes Page 99 5. PRESENTATION 6. PUBLIC HEARING A. Property Tax and Revenue Sources for 2023, Current Expense Budget 2023-2024 and Satisfying the Requirements of RCW 84.55.120 (Crocker) Page 106 7. BUSINESS ITEMS A. Adoption of an Ordinance Setting the Amount of Property Tax to be Levied for Year 2023 Pursuant to RCW 84.55.120 (Crocker) Page 107 B. Adoption of a Resolution Authorizing Purchase of Kitsap County Parcel No. 4650-011-001-0001 for Stormwater Facilities (Archer) Page 111 C. Approval of an Amendment to the Letter of Agreement with Teamsters Local 589 Regarding Limited Term Assignment Non -Union Work (Lund) Page 112 D. Approval of Road Closures for a Special Event: Festival of Chimes & Lights (Wallace) Page 113 E. Approval of the October 11, 2022, City Council Meeting Minutes Page 125 8. DISCUSSION ITEMS (No Action to be Taken) A. Social Media (Archer) 9. REPORTS OF COUNCIL COMMITTEES KIN.14Ze]Ci0]2u1_\Ye] 1 Mao (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.) 13. EXECUTIVE SESSION: Pursuant to 42.30.110(1)(i), the City Council WILL hold a 15-minute executive session pertaining to legal risks of a proposed action. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and Tourism November 21 2022. 9:30am Remote Access Utilities TBD Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.portorchardwa.pov or by contacting the City Clerk's office at (360) 876-4407. October 25, 2022, Meeting Agenda Page 2 of 3 Finance Transportation Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees November 15, 2022; 5:00pm October 25, 2022; 4:30pm; 4th Tuesday of each month November 21, 2022; 3:30pm November 16, 2022; 4:30pm October 24, 2022; 3:00pm November S, lull; S:OOpm Varies Remote Access Remote Access Remote Access Remote Access City Hall and Remote Access City Hall Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.portorchardwa.pov or by contacting the City Clerk's office at (360) 876-4407. October 25, 2022, Meeting Agenda Page 3 of 3 K l_11 � , r City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Item 4C Subject: Adoption of a Resolution Accepting a Sight Distance Easement from Century Communities of Washington, LLC for a Portion of Assessor's Tax Parcel Nos. 5704-000-081-0000 and 5704-000-093- 0006 Located in McCormick West Division 12 Back to Agenda Meeting Date: October 25, 2022 Prepared by: Chris Hammer City Engineer Atty Routing No: 366922-0009 — PW Atty Review Date: 10/20/2022 Summary: Century Communities of Washington, LLC, a Delaware Limited Liability Company, is the owner of Kitsap County Assessor's Tax Parcel Nos. 5704-000-081-0000 and 5704-000-093-0006 located in McCormick West Division 12. Century Communities of Washington, LLC must grant a Sight Distance Easement to the City of Port Orchard over a portion of Kitsap County Assessor's Tax Parcel Nos. 5704-000- 081-0000 and 5704-000-093-0006 located in McCormick West Division 12, as legally described in Exhibits A and B of the Sight Distance Easement. Pursuant to its terms, the Sight Distance Easement is binding upon Century Communities of Washington, LLC, its heirs, successors and assigns, including subsequent owners of the impacted parcels. Relationship to Comprehensive Plan: NA Recommendation: Staff recommends that the City Council adopt a Resolution accepting the Sight Distance Easement from Century Communities of Washington, LLC. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to accept the Sight Distance Easement from Century Communities of Washington, LLC, and to execute all documents necessary to effectuate this authorization. Fiscal Impact: None Alternatives: None Attachments: Resolution No. 092-22 and SDE— Century 4of129 Back to Agenda RESOLUTION NO. 092-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SIGHT DISTANCE EASEMENT FROM CENTURY COMMUNITIES OF WASHINGTON, LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR SUBDIVISION LU22-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 12 WHEREAS, Century Communities of Washington, LLC, a Delaware Limited Liability Company is the owner of Kitsap County Assessor's Tax Parcel Nos. 5704-000-081-0000 and 5704-000-093-0006 located in McCormick West Division 12; and WHEREAS, as a condition of approval of LU22-Plat Final-02 of McCormick West Division 12, Century Communities of Washington, LLC must grant a Sight Distance Easement to the City of Port Orchard over a portion of Kitsap County Assessor's Tax Parcel Nos. 5704-000-081-0000 and 5704-000-093-0006 located in McCormick West Division 12, as legally described in Exhibits A and B of the Sight Distance Easement, attached hereto as Attachment A and incorporated herein by this reference; and WHEREAS, according to its terms Sight Distance Easement is binding upon Century Communities of Washington, LLC, its heirs, successors and assigns, including subsequent owners; and WHEREAS, the City Council finds that acceptance of the proposed easement is in the best interest of the residents of Port Orchard; 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 the Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Sight Distance Easement from Century Communities of Washington, LLC, and to execute all documents necessary to effectuate this authorization. THAT: This Resolution shall take full force and effect upon passage and signatures hereon. 5 of 129 Back to Agenda Resolution No. 092-22 Page 2 of 2 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 25th day of October 2022. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 6 of 129 Back to Agenda After Recording Return To: McCormick Communities LLC Attn: Greg Krabbe 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 SIGHT DISTANCE EASEMENT Grantoe(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation and its successors and assigns Grantee(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation and its successors and assigns City of Port Orchard, a Washington municipal corporation Abbreviated Legal Description: A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range IE, W.M. City of Port Orchard, Kitsap County, Washington. Additional Legal Description: See Exhibits A & B of this document Assessor's Tax Parcel Nos.: 5704-000-081-0000, 5704-000-093-0006 Additional Reference Document: McCormick West, Division 12, Phase 1, AFN 202205260007 GRANTOR, as owner of the real property legally described as Lots 81 and 93, McCormick West, Division 12, Phase 1, Auditor's File No. 202205260007, records of Kitsap County, Washington, hereby establishes a Sight Distance Easement over a portion of said Lots legally described on Exhibit A and depicted on Exhibit B attached. The area within the sight triangle shall be subject to restrictions on placement of potential sight obstructions (signs, trees, fences, bus shelters, etc.) to maintain a clear view on the intersection approach. Sight obstructions that may be excluded from these requirements include utility poles and regulatory signs. Sight obstructions are subject to review by the City Engineer and removal at the direction of the City Engineer, at owner's expense. The burdens and benefits of this Easement shall run as covenants with the land. (Signatures on Following Page) 7 of 129 GRANTOR/ GRANTEE: Century Communities of Washington LLC a Delaware invited Liab' ' rporation r By: Its: D 1'1r11Star.. U �Sr`oQct.� STATE OF WASHINGTON ) )ss. COUNTY OF ) M C d 1M a 0 M ADDITIONAL GRANTEE: m City of Port Orchard, a Washington municipal corporation By: Its: On this day of , 2022, before me, a Notary Public in and for the State of Washington, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of to be the free and voluntary act and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington, Residing at My appointment expires Print Name STATE OF WASHINGTON ) )ss. COUNTY OF �i �t G ) On this V f4 day of fspd� ¢ r r , 2022, before me, a Notary Public in and for the State of Washington, personally appeared M;r/<, C-'e•-,„ g_k, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the JA42 5 kj --7 D t Yi /6N �'�si cn of to be the free and voluntary act and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. /� ce�_ NOTARY PUBLIC in and for the State of Washington, qT 1+0 pT�q` 4�y Residing at AAMnL.Voad U/ u 20101607s My appointment expires / a - ©5 -.;L 0;...3 N Atte`Ya s 10 Print Name Am be r— M /V o r j�vn �fA TA * �` y4 r = l,W A ,11j111�\\\��` 8 of 129 15 �N� PG plo O o� MCCORMICK WEST ' F��GR� RM�p 1� h8 ��, DIVISION 11 Mp 00 apt c �' AFN 202203140148 _-- ! T PFN r---- - MCCORMICKWEST DIVISION 12 PHASE 1 SIGHT DISTANCE EASEMENT I AFN 202205260007 ��, �'ySIGHT DISTANCE EASEMENT SEE SHEET 3 I_ I ,�0�; SEE SHEET 2 Sw _B/GLE_R 1;1;AY ��_ ,✓ i --i I I I I NG FN� I G�pR RMG� w � \II I F MpGp 0N PFN Zpp �v 12 P �PRpPpS� .I C LOT 93 McCORMICK WEST DIV 12 PH 1 PAGE SIGHT DISTANCE EASEMENT 10F 3 �,F� �0.. N EXHIBIT B m z. b: a 12100 NE 195th St., Suite 300 �'•, CORE Bothell, Washington 98011 G 8014 t T E•.• DESIGN 425.885.7877 Fox425.885.7963 f0*AL LP"P SCALE. 1" =300' 0 150 300 ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO. 20197 6-8-22 9 of 129 Back to Agenda / 94 1 wE I MOOOROv NN Nh9 N78'27'46"W 4.40 20S PFN 20259 / I POINT OF BEGINNING d- o 0 92 93 60 h ,N h M 2 2 SIGHT DISTANCE EASEMENT 61 R=25.00 SwSY� lid A--40'24'51" R-O � DUp" L=17.63 62 0 �o Q 63 782 C LOT 93 McCORMICK WEST DIV 12 PH 1 PAGE SIGHT DISTANCE EASEMENT 2 OF 3 �,41, moo';� N EXHIBIT B m z. b: a 12100 NE 195th St., Suite 300 0'•, \/ Bothell, Washington 98011 G 8014 COREt T E•.• V DESIGN 425.885.7877 Fax 425.885.7963 fDNAL LA�9� SCALE. 1" = 50' 0 25 50 ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO. 20197 6-8-22 10of129 Back to Agenda 82 64 CIO 79NT OF oQ 80 BEGINNING �ry �� 0 81 65 10 N28'01'29"E 33.65 N 2 SIGHT DISTANCE 66 EASEMENT N22'51'46"E SW B 21.5 ��ER WA y R=25.00 R-0 W 0=28'29'30" L=12.43 67 68 72 71 69 C LOT 81 McCORMICK WEST DIV 12 PH 1 PAGE SIGHT DISTANCE EASEMENT 3 OF 3 �,F� moo';� N EXHIBIT B m %. b: a 12100 NE 195th St., Suite 300 �'•, � ' �~ \CO/RE Bothell, Washington 98011 � G 8014 t T E_.• V DESIGN 425.885.7877 Fax 425.885.7963 TONAL LA�9� SCALE. 1" = 50' 0 25 50 ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO. 20197 6-8-22 11 of 129 K l_11 � , r Agenda Item No.: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Consent Item 4D Agenda Staff Report Subject: Adoption of a Resolution Repealing Resolutions Accepting Public Pedestrian Access Easements located in McCormick West Division 11 Back to Agenda Meeting Date: October 25, 2022 Prepared by: Chris Hammer City Engineer Atty Routing No: 366922-0009 — PW Atty Review Date: 10/19/2022 Summary: The City of Port Orchard received a request from the developer for the execution of Public Pedestrian Access Easements for Subdivision LU21-Plat Final-02 of McCormick West Division 11. The City Council recently authorized the Mayor to execute these easements via Resolution 084-22, Resolution 085- 22, and Resolution 088-22. These Public Pedestrian Access Easements provide public access to neighborhood postal boxes. The City has determined that the grant of Public Pedestrian Access Easements located in McCormick West Division 11 to the benefit of the City are not required nor necessary, and the easement should be instead granted to the McCormick Homeowners Association. The City therefor recommends the City Council rescind the aforementioned Resolutions and relinquish easements. Relationship to Comprehensive Plan: NA Recommendation: Staff recommends that the City Council adopt a Resolution repealing Resolution 084-22, Resolution 085-22, and Resolution 088-22 and relinquishing the Public Pedestrian Access Easements recorded under Kitsap County Auditor File No.'s 202209220065, 202209220067 and 20220920071 Motion for Consideration: I move to adopt a Resolution repealing authorizing the Mayor to rescind Resolution 084-22, Resolution 085-22, and Resolution 088-22, relinquishing the Public Pedestrian Access Easements recorded under Kitsap County Auditor File No.'s 202209220065, 202209220067 and 20220920071, and authorizing the Mayor to execute all documents necessary to effectuate this authorization. Fiscal Impact: None Alternatives: None Attachments: Resolution No. 086-22 and Resolution 084, 085, 088-22 12of129 Back to Agenda RESOLUTION NO. 086-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTIONS 084-22, 085-22, AND 088-22; RELINQUISHING PUBLIC PEDESTRIAN ACCESS EASEMENTS, FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11 WHEREAS, the City Council recently authorized the acceptance of Public Pedestrian Access Easements for Subdivision LU21-Plat Final-02 Of McCormick West Division 11 through Resolution 084-22, Resolution 085-22, and Resolution 088-22; and WHEREAS, staff has determined that the Public Pedestrian Access Easement granted to the City of Port Orchard by these Resolutions are not necessary for the City, and the easements should be granted by the developer to the McCormick Homeowners Association; and WHEREAS, the City Council finds that the relinquishment of the easements recorded under Kitsap County Auditor File No.'s 202209220065, 202209220067 and 20220920071, is in the best interest of the residents of Port Orchard, 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 the Resolution. THAT: The Port Orchard City Council repeals Resolutions No. 084-22, 085-22, AND 088- 22, and authorizes the Mayor execute all documents necessary to effectuate this authorization to relinquish the Public Pedestrian Access easements for Subdivision LU21-Plat Final-02 Of McCormick West Division 11, and to execute all documents necessary to effectuate this authorization. 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 25th day of October 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 13of129 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F Back to Agenda RESOLUTION NO. 084-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM CENTURY COMMUNITIES OF WASHINGTON, LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11. WHEREAS, Century Communities of Washington, LLC, a Delaware limited liability company, is the owner of Kitsap County Assessor's Tax Parcels Nos. 5696-000-056-0001 and 5696-000-094-0005, located in McCormick West Division 11; and WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick West Division 11 require that Century Communities of Washington, LLC grant to the City of Port Orchard a Public Pedestrian Access Easement over a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-056-0001 and 5696-000-094-0005, as legally described in Exhibits A and B to the Declaration of Public Pedestrian Access Easement, attached hereto as Attachment A and incorporated herein by this reference,; and WHEREAS, if approved, this easement shall be binding upon Century Communities of Washington, LLC, its heirs, successors and assigns, including subsequent owners of the parcels; and WHEREAS, the City Council finds that the acceptance of the proposed easement is in the best interest of the residents of Port Orchard; 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 the Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Public Pedestrian Access easement from Century Communities of Washington, LLC, and to execute all documents necessary to effectuate this authorization. THAT: This 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 this 13th day of September 2022. DocuSigned by: I°otit P4M1A,%Qt 3B964 E3F5847D. Robert utaansuu, Mayor a„oRT'O"y o a. ed by: �OF RpoC. Rq �94A465 = SEAL Brandy Wallace, MMC, City Clerk = '•N� �� ' r�y�,•o�MBEP''U: F AS � DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda After Recording Return To: McCormick Communities LLC Attn: Greg Krabbe 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT Grantor(s): Century Communities of Washington LLC, a Delaware Limited Liability Corporation and its successors and assigns Grantee(s): City of Port Orchard, a Washington municipal corporation Abbreviated Legal Description: A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range IE, W.M. City of Port Orchard, Kitsap County, Washington. Additional Legal Description: See Exhibits A & B of this document Assessor's Tax Parcel Nos.: 5696-000-056-0001, 5696-000-094-0005 Additional Reference Document: McCormick West, Division 11, AFN 202203140148 This DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is made effective q - ) 3 , 2022, by the undersigned GRANTOR, as owner of the real property legally described as Lots 56 and 94, McCormick West, Division 11, Auditor's File No. 202203140148, records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard, a Washington municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access Easement") over and across the subject property as described on Exhibit A and schematically shown on Exhibit B of this Declaration. Grantor shall not construct or install permanent above -grade structures (except rockeries, wall, or buildings with the prior approval of the City of Port Orchard) in the Public Pedestrian Access Easement Area that would interfere with the location, construction, and maintenance of said sidewalk. Grantor shall maintain the Public Pedestrian Access Easement Area at all times in a safe condition free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee, Grantee shall have the right, but not the obligation, to perform such maintenance with the costs being borne by Grantor. Costs, both direct and indirect, of such maintenance shall be a lien on Grantor's property, provided that Grantee shall have such other and further remedies to recover the cost of such maintenance as provided by law. 2. Grantor shall indemnify and hold the Grantee harmless against any claim, lawsuit, damage or other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the 15 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F IBack to Agenda subject property arising out of the negligence or willful misconduct of Grantor, their agents, contractors and employees, including but not limited to any claim or lawsuit for personal or property injury. 3. This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors and assigns and the Grantee. 4. If any party engages an attorney in connection with any action in a court of law or arbitration to enforce the terms of this Easement, the prevailing party in such action or proceeding will be entitled to recover its reasonable attorneys' fees and other litigation expenses. (Signatures on Following Page) 16 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F Back to Agenda GRANTOR/GRANTEE: Century Communities of Washington LLC a Delaware Limited Liability Corporation By: Its: on President STATE OF WASHINGTON ) )ss- COUNTY OF SnohomiS y ) ADDITIONAL GRANTEE: City of Port Orchard, a Washington municipal corporation By: Its: On this /�� clay of 7tL t./y , 2022, before me, a Notary Public in and for the State of Washington, personally appeared Christian Cermak , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the Division President of Century Communities of Washington. LLC to be the free and voluntary act and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. OF - `y 0 .Rav��M11� s T 1Ow �'}f �� ►�� NOTARY PUBLIC in and for the St to of Washington, Residing at Piz 747" e'// 20102,507 2 My appointment expires S v'�,� e L•c, _ ! Print Name f- prfp r7 ��►y9�F ?.p0 j.O (A+a s STATE OF WASIHNGTtN ) )ss. COUNTY OF ) On this Ro day of 022, before me, a Notary Public in and for the State of Washington, personally appeared personally known to me (or proved to me on the -basis of satisfactory evidence} to be the person who executed this instruction, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of Z,t Jh r -17 Vtv- -A to be the free and voluntary a'bt and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS Vi I have hereunto set my hand and official seal the day and year first above written. E F L O �1'_'�., L•k•••''�N r��fi •��-2 A WBEIC in and t e tate of Washington, sr - :c° �Np3AAr `pI __ siding at - ■ a - p116L�G z= My appointme t expires Print Name _ 1n``'; �Q • B VZ. j�Y F rWAS'�'�•••`� 17 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F Back to Agenda CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 06/08/2022 EXHIBIT "A" LEGAL DESCRIPTION - PUBLIC PEDESTRIAN ACCESS EASEMENT THE NORTH 4.00 FEET OF THE EAST 2.50 FEET OF LOT 56, MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 94 OF SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED STRIP CENTERLINE: COMMENCING AT A POINT ON THE COMMON LINE OF SAID LOT AND WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT, THENCE N05016'16"W, ALONG SAID MARGIN, 21.25 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP CENTERLINE; THENCE S84043'44"W 2.50 FEET TO THE TERMINUS OF SAID LINE. CONTAINS 30± SQUARE FEET (0.0009± ACRES) �pE a e0i Is-T,Sf L 06/08/2022 18of129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda 6-8-22 19 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda spy CgRDIFFS T 3 U) 0 o: W 57 c� aV190N 1mcoom S W SCALE. 1" = 40' AFN 1048 0 20 40 95 '16"W PUBLIC PEDESTRIAN 1.25 21.25 ACCESS EASEMENT 58 SEE DETAIL BELOW 94 59 4.00j PUBLIC PEDESTRIAN ACCESS EASEMENT 94 POINT OF 2.50 -~ BEGINNING ti N84'43'44"E 2.50 N05'16'16"W 8.00 21.25 SCALE. 1" =10' 0 5 10 C . R s MCCORMICK WEST DIVISION 11 PAGE a� •t PUB. PED. ACCESS EASEMENT 2 OF 2 F� ° EXHIBIT B 7° l 12100 NE 195th St., Suite 300 .pq ' 9014 �7 4 Bothell, Washington 98011�Y- CORE `DESIGN 425.885.7877 Fox425.885.7963 ANAL LAB ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO. 20197 6-8-22 20 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda RESOLUTION NO.085-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM MAINVUE WA, LLC, PURSUANT TO THE CONDITIONS OF APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11. WHEREAS, Mainvue WA, LLC, a Delaware limited liability company, is the owner of Kitsap County Assessor's Tax Parcels Nos. 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006, 5696-000-045-0005, 5696-000-048-0002 and 5696-000-049-0001, located in McCormick West Division 11; and WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick West Division 11 require that Mainvue WA, LLC grant a Public Pedestrian Access Easement to the City of Port Orchard over a portion of Kitsap County Assessor's Tax Parcels Nos. 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006, 5696-000-045-0005, 5696-000-048-0002 and 5696-000- 049-0001, as legally described in Exhibits A and B of the Declaration of Public Pedestrian Access Easement, attached hereto as Attachment A and incorporated herein by this reference; and WHEREAS, the easement is binding upon Mainvue WA, LLC, its heirs, successors and assigns, including subsequent owners; and WHEREAS, the City Council finds that the acceptance of the proposed easement is in the best interest of the residents of Port Orchard; 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 the Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Public Pedestrian Access easement from Mainvue WA, LLC, and to execute all documents necessary to effectuate this authorization. THAT: This 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 this 13`" day of September 2022. DocuSigned by: jeabt*f P4M A Suu. 3B9 92 3F5847D . Robert u aansuu, Mayor ATTEST: QpRT aRC. DocuSigned b/y:'',, �( Li V'GuA, 1N-L''aoaPORar�a• ,= Brandy Wa lace, MMC, City Clerk = SSEAL •.r_ moo. 21 of 1 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda After Recording Return To: McCormick Communities LLC Attn: Greg Krabbe 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT Grantor(s): Mainvue WA, LLC, a Washington Limited Liability Company and its successors and assigns Grantee(s): City of Port Orchard, a Washington municipal corporation Abbreviated Legal Description: A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range 1 E, W.M. City of Port Orchard, Kitsap County, Washington. Additional Legal Description: Assessor's Tax Parcel Nos.: Additional Reference Document See Exhibits A & B of this document 5696-000-027-0007, 5696-000-042-0008, 5696-000-044-0006, 5696-000-045-0005, 5696-000-048-0002,5696-000-049-0001 McCormick West, Division 11, AFN 202203140148 This DECLA TION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is made effective 2022, by the undersigned GRANTOR, as owner of the real property legally described as Lots 27, 42, 44, 45, 48, and 49, McCormick West, Division 11, Auditor's File No. 202203140148, records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard, a Washington municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access Easement") over and across the subject property as described on Exhibit A and schematically shown on Exhibit B of this Declaration. Grantor shall not construct or install permanent above -grade structures (except rockeries, wall, or buildings with the prior approval of the City of Port Orchard) in the Public Pedestrian Access Easement Area that would interfere with the location, construction, and maintenance of said sidewalk. 1. Grantor shall maintain the Public Pedestrian Access Easement Area at all times in a safe condition free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee, Grantee shall have the right, but not the obligation, to perform such maintenance with the costs being borne by Grantor. Costs, both direct and indirect, of such maintenance shall be a lien on Grantor's property, provided that Grantee shall have such other and further remedies to recover the cost of such maintenance as provided by law. 22 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda 2. Grantor shall indemnify and hold the Grantee harmless against any claim, lawsuit, damage or other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the subject property arising out of the negligence or willful misconduct of Grantor, their agents, contractors, and employees, including but not limited to any claim or lawsuit for personal or property injury. 3. This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors, and assigns and the Grantee. 4. If any party engages an attorney in connection with any action in a court of law or arbitration to enforce the terms of this Easement, the prevailing party in such action or proceeding will be entitled to recover its reasonable attorneys' fees and other litigation expenses. (Signatures on Following Page) 23 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda GRANTOR: Mainvue WA, LLC a Washington mited Liability Company By: - Its• 9IL4f51flg—r STATE OF WA 1NGTON ] )ss. COUNTY O l } On this L day of , 2022, before me, a Notary Public in and for the State of Washington, personally appeared 4monally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on o tated that It /she was authorized to execute the instrument, and acknowledged it as the �1 t+ K r _ _ _ of to V A P � — W r L [L(- to be the free and GRANTEE: City of Port Orchard, a Washington municipal corporation By: Its: voluntary act and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above MOMQUE MRYAN NOVKRY PURL i nd for tfif State df Washington, LICENSE # 183638 Residing at WIC - MY COMMISSION F,Jugm My appointmentexpires L FEBRUARY 17, 2024 p Print Name ! "�tAA (`-I.0 VA cir, STATE OF WASHINGTON ) )ss. COUNTY OF ) On this 111� day of . c• 2022, before me, a Notary Public in and for the State of Washington, personally appeared s ), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on oat tated thathe/she was authorized to execute the instrument, and acknowledged it as the t A of Ci r to be the free and voluntary a t and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS WHEREOF, l have hereunto set my hand and official seal the day and year first above written. 1i i F L+ ''I Jr`'�, r 7 ARY PUBLIC in and fo a State of Washington, _7'c�� t,° 1 ❑�A1Y _ 'iding at My appointm t expires I N . 0 Print Name if"4 LC d F P, \ \'IN ''low,nWO 24 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F Back to Agenda CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 06/08/2022 EXHIBIT "A" LEGAL DESCRIPTION - PUBLIC PEDESTRIAN ACCESS EASEMENT A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 44 AND 45, MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON LINE BETWEEN SAID LOTS OF THE HEREIN DESCRIBED STRIP CENTERLINE: BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT; THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE TERMINUS OF SAID LINE; TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 48 AND 49 OF SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON LINE BETWEEN SAID LOTS OF THE HEREIN DESCRIBED STRIP CENTERLINE: BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT; THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE TERMINUS OF SAID LINE; TOGETHER WITH THE SOUTH 4.00 FEET OF THE EAST 2.50 FEET OF LOT 27 OF SAID PLAT; TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 42 OF SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED STRIP CENTERLINE: COMMENCING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOT 42 AND LOT 43 AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT, THENCE S17022'24"E, ALONG SAID MARGIN, 4.76 FEETTO A POINT OF TANGENCY WITH A 160.00-FOOT RADIUS CURVE TO THE RIGHT; THENCE CONTINUING SOUTHERLY ALONG SAID MARGIN AND SAID CURVE, THROUGH 25 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F Back to Agenda A CENTRAL ANGLE OF 33`08'16", A DISTANCE OF 92.54 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP CENTERLINE; THENCE N74014'09"W 2.50 FEET TO THE TERMINUS OF SAID LINE, � r :q CONTAINS 80± SQUARE FEET (0.0018± ACRES) Oak -.GIST SAL LAB 26 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda 46 13 3 0 z w J SICK 1� SCALE. 40 = 40' NC 0 2 AFN 202203140148 CS 45 14 PUBLIC PEDESTRIAN ACCESS EASEMENT SEE DETAIL BELOW 15 44 PUBLIC PEDESTRIAN 8.00 -1 ACCESS EASEMENT 45 r I 2.50 --1 1 44 4.00 SCALE: 1" =10' 0 5 10 C . �+ R MCCORMICK WEST DPASION 11 3� w s' PUB. PED. ACCESS EASEMENT PAGE 10F 4 EXHIBIT B 72100 NE 195th St., Suite 300 014 COREBothell, Washington 98011 ? z 6? L7ES+CN 425.885.7877 Fax 425.885.7963 GNRL ENGINEERING -PLANNING-SURVEYING-LA. JOB NO. 20197 6-8-22 27 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda 50 SCALE.1" = 40' 0 20 40 49 PUBLIC PEOESTRIAN ACCESS EASEMENT 10 SEE DETAIL BELOW MCO"O( NEST ONSION 11 AFN 202203140148 w 48 4 11 PU8UC PEDESTRIAN 49 4, +� ACCESS EASEMENT I I r 2.50 — r 48 SCALE. 1" =10' B.00 C . MCCORMICK WEST DIVISION 11 PAGE PUB. PED. ACCESS EASEMENT 2 OF 4 EXHIBIT B 12100 NE 19SIh St, Suite 300 80L4 4 = ConRorheB,Washington 98011 aa► T¢ DESIGN 42S.895.7877 Fox 425.88S.7963 SAL LAO ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO_ 20197 6-8-22 28 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda s`yA t� 29 28 4 27 �•► ti woCOIMI K VIEsr 25 DIVISION 11 AFN 40148 4.00 2.50 55 8.00 PUBLIC P ESTR4AN ACCESS EASEMENT 26 56 TRACT V siy +4p�F'rsr .C' , R MCCORMICK WEST DIVISION 11 PAGE4a PUB. PED, ACCESS EASEMENT 3 of 4 ;q ; ; EXHIBIT B .a 1 12100 NE 195rh St., Suite 300 ' �r�� a 8p[4 Bothell, Washington 98011 �a+ Tt�•'� �� DESIGN 425,885.7877 Fox425.885.7963 ANAL LAB SCALE: 0 = 40' a zo 40 ENGINEERING -PLANNING -SURVEYING-LA. JOB NO. 20197 6-8-22 29 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda 43 W CK 17 DMON 11 AFN ?A =140148 ati N17'22'24"W 4.76 41 PUBLIC PEDESTRIAN ACCESS EASEMENT SCALE: 1" = 40' SEE DETAIL BELOW v a 20 40 42 18 4a s4- e44c, tiV 19 U 4.00 R=160.00 N7414'09"W L=92.5 '16" 2.50 L=92.54 N ►- -povr OF 42 2.50 t BEGINNING 1 PLIBLIC PEDESTRIAN B ACCESS EASEMENT SCALE. 1" =10' 0 5 10 �Y C . B MCCORMICK WEST DIVISION 11 PAGE 4R av x PUB. PED, ACCESS EASEMENT EXHIBIT B 4 of 4 ° :IXV0- - 1 1210O NE 1951h St., Suite 300 �l�y - 014 OREBothell, Washington 98011 ,;,- � Z7E51GN 425.885.7877 Fox 425.885.7963 �pAtAL LA.O ENGINEERING -PLANNING-SURVEYING.L.A JOB NO. 20197 16-8-22 30 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda RESOLUTION NO. 088-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A PUBLIC PEDESTRIAN ACCESS EASEMENT FROM PULTE HOMES OF WASHINGTON, INC., PURSUANT TO THE CONDITIONS OF APPROVAL FOR SUBDIVISION LU21-PLAT FINAL-02 OF MCCORMICK WEST DIVISION 11. WHEREAS, Pulte Homes of Washington, Inc., a Washington Corporation, is the owner of Kitsap County Assessor's Tax Parcel No. 5696-000-114-0001, 5696-000-120-0003 and 5696-000-121- 0002 located in McCormick West Division 11; and WHEREAS, the conditions of approval for the subdivision LU21-Plat Final-02 of McCormick West Division 11 require that Pulte Homes of Washington, Inc. grant to the City of Port Orchard a Public Pedestrian Access Easement over a portion of Kitsap County Assessor's Tax Parcel Nos. 5696- 000-114-0001, 5696-000-120-0003 and 5696-000-121-0002, as legally described in Exhibit A and B to the Declaration of Public Pedestrian Access Easement, attached hereto as Attachment A and incorporated herein by this reference.; and WHEREAS, if approved, this easement shall be binding upon the Grantor, its heirs, successors and assigns, including subsequent owners; and WHEREAS, the City Council finds that the acceptance of the proposed easement is in the best interest of the residents of Port Orchard; 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 the Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to accept a Public Pedestrian Access easement from Pulte Homes of Washington, Inc., and to execute all documents necessary to effectuate this authorization THAT: This 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 this 13th day of September 2022. ADD ST; F;OCUSigned alA 1NAUL Brandy Wallace, MMC, City Clerk 31 of 1 DocuSigned by: I�obt*f P4M A SWu, Robert Putaansuu, Mayor DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda After Recording Return To: McCormick Communities LLC Attn: Greg Krabbe 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 DECLARATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT Grantor(s): Pulte Homes of Washington, Inc., a Washington Corporation and its successors and assigns Grantee(s): City of Port Orchard, a Washington municipal corporation Abbreviated Legal Description: A portion of the NW 1/4 of the SE 1/4 of Section 8, Township 23N, Range 1E, W.M. City of Port Orchard, Kitsap County, Washington. Additional Legal Description: See Exhibits A & B of this document Assessor's Tax Parcel Nos.: 5696-000-114-0001, 5696-000-120-0003, 5696-000-121=0002 Additional Reference Document: McCormick West, Division 11, AFN 202203140148 This DECLAMATION OF PUBLIC PEDESTRIAN ACCESS EASEMENT ("Declaration") is made effective - ) 3 , 2022, by the undersigned GRANTOR, as owner of the real property legally described as Lots 114, 120, and 121, McCormick West, Division 11, Auditor's File No. 202203140148, records of Kitsap County, Washington. Grantor hereby grants to the City of Port Orchard, a Washington municipal corporation, a permanent non-exclusive easement ("Public Pedestrian Access Easement") over and across the subject property as described on Exhibit A and schematically shown on Exhibit B of this Declaration. Grantor shall not construct or install permanent above -grade structures (except rockeries, wall, or buildings with the prior approval of the City of Port Orchard) in the Public Pedestrian Access Easement Area that would interfere with the location, construction, and maintenance of said sidewalk. Grantor shall maintain the Public Pedestrian Access Easement Area at all times in a safe condition free of any and all obstructions or defects, including, but not limited to, ice and snow. In the event Grantor does not so maintain the easement, after thirty (30) days written notice from Grantee, Grantee shall have the right, but not the obligation, to perform such maintenance with the costs being borne by Grantor. Costs, both direct and indirect, of such maintenance shall be a lien on Grantor's property, provided that Grantee shall have such other and further remedies to recover the cost of such maintenance as provided by law. 32 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F Back to Agenda 2. Grantor shall indemnify and hold the Grantee harmless against any claim, lawsuit, damage, or other loss or cost associated with the use of the Public Pedestrian Access Easement Area on the subject property arising out of the negligence or willful misconduct of Grantor, their agents, contractors, and employees, including but not limited to any claim or lawsuit for personal or property injury. 3. This Easement shall run with the land and shall be binding upon the Grantor, its heirs, successors, and assigns and the Grantee. 4. If any party engages an attorney in connection with any action in a court of law or arbitration to enforce the terms of this Easement, the prevailing party in such action or proceeding will be entitled to recover its reasonable attorneys' fees and other litigation expenses. (Signatures on Following Page) 33 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda GRANTOR: Pulte Homes of Washington, Inc a Washington Corporation ts: S ATE OF WASHINGTON ) GRANTEE: City of Port Orchard, a Washington municipal corporation By: Its: )ss. COUNTY OF ) On this _ day of �l>ll , 2022, before me, a Notary Public in and for the State of Washington, personally appeareCl Saw golot , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instruction, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the Vp * IAIN9 of to be the free and voluntary act add deed of said entities for the Wes- and purposes mentioned in the instruction. IN WITNESS }�,Qy1OF, I have hereunto set my hand and official seal the day and year first above written. ,��'r0le_ Willie ••"" EXP gf Oy�•, NOTARY P L C in and for the State of Washington, r'p' Residing at EMU NOTARY N ; [ _ 01, My appointment expires P U L� Print Name ' •�: �~ Cep r�=a� ❑ fl y� , PIS STATE OF WASlidtIlt�' ) )ss. COUNTY OF4 ) On this day of 022, before me, a Notary Public in and for the State of ashington, personally appear �-' �)ff - personally known to me (or proved to me on the basis of satisfactory evid nee) to be the person who executed this instruction, on oath stated that he/she was authorized to execute the instrument, -and acknowledged it as the of 1 / ('r'�_ to be the free and voluntary a and deed of said entities for the uses and purposes mentioned in the instruction. IN WITNESS,WTIEREOF, I have hereunto set my hand and official seal the day and year first above written. .�`'Nll F� Go 15-��2� A Y PUBLIC in and for a State Washington, _ ND7ARr If (Rofsiding at r �+ U8l.iG w = My appointme expires N :n _ 1, • �� ry`v: Print Name t IWASµi�0��.�` 34 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91 F2-579DE2072A1 F Back to Agenda CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 06/08/2022 EXHIBIT "A" LEGAL DESCRIPTION — PUBLIC PEDESTRIAN ACCESS EASEMENT A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOTS 120 AND 121, MCCORMICK WEST DIVISION 11, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED UNDER RECORDING NUMBER 202203140148, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE COMMON LINE BETWEEN SAID LOTS OF THE HEREIN DESCRIBED STRIP CENTERLINE: BEGINNING AT THE EASTERLY COMMON CORNER BETWEEN SAID LOTS AND A POINT ON THE WESTERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT; THENCE ALONG THE COMMON LINE BETWEEN SAID LOTS 2.50 FEET TO THE TERMINUS OF SAID LINE; TOGETHER WITH A STRIP OF LAND 8.00 FEET IN WIDTH OVER A PORTION LOT 114 OF SAID PLAT, SAID STRIP LYING 4.00 FEET, EACH SIDE OF THE FOLLOWING DESCRIBED STRIP CENTERLINE: COMMENCING AT THE COMMON NORTHERLY CORNER OF SAID LOT AND LOT 113 AND A POINT ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD DEDICATED BY SAID PLAT, THENCE N65034'12"W, ALONG SAID MARGIN, 3.35 FEET TO A POINT OF TANGENCY WITH A 25.00-FOOT RADIUS CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08-43-05", A DISTANCE OF 3.80 FEET AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP CENTERLINE; THENCE S15042'42"W 2.50 FEET TO THE TERMINUS OF SAID LINE. CONTAINS 40t SQUARE FEET (0.0009t ACRES) 35 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda 121 PUBLIC PEDESTRIAN ACCESS EASEMENT MODORMKK VIEST SEE DETAIL BELOW DIMON 11 AFN 202 401148 SCALE. 1" W 40' 120 y� 0 20 40 Q4 4� 109 119 110 PUBLIC PEDESTRIAN 121 ACCESS EASEMENT B.OD� r ► y 2.50 ��r �d 120 ► 4.0 r, �T SCALE. 1" s 10' 0 5 10 I �.� C . MCCORMICK WEST DIVISION 11 PAGE R� PUB. PER ACCESS EASEMENT 1 OF 2 ^EXHIBIT B 1 'o I2100 NE 195►h Sr., Suite 300 14 4 OREBothell, Washington 98011 }Q. Y �a6 DFSIC,N 425.865.7877 fox 423,885.7963 GNdL LA ENGINEERING -PLANNING-SURVEYING.L.A JOB NO. 20197 6-8-22 36 of 129 DocuSign Envelope ID: C3539234-DD82-4AOB-91F2-579DE2072A1F Back to Agenda WT pIVt9OH 11 AFN 202203140148 o_ks ASS* SCALE. 1" - 40' 0 20 40 PUBLIC PEDESTRIAN ACCESS EASEMENT 115 SEE DETAIL BELOW A. 114 113 �O 4� �v POINT OF R=25.00 BEGINNING 6=8'43'05' L-3.80 N15 42'42'E 2.50 N65'34'12'W 3.35 W 4. PUBLIC PEDESTRIAN 8.00 1� ACCESS EASEMENT SCALE:1" -10' 114 113 D 5 10 c . MCCORMICK WEST DIVISION 11 PAGE �' 'aY • a' PUB. PED. ACCESS EASEMENT 2 OF 2� EXHIBIT B 'a 12100 NE 195rh Sr., Suite 300 OREBothell,Washington 98011 DESIGN 425.885.7877 Fox 425.885,7963 L h ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO. 20197 6 -8--22 37 of 129 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Item 4E Adoption of a Resolution Authorizing the Mayor to Terminate an Interlocal Agreement with Kitsap Fire District #7 for Chaplin Services Back to Agenda Meeting Date: October 25, 2022 Prepared by: Charlotte Archer Atty Routing No.: Atty Review Date: City Attorney 366922-0012 — PD N/A Summary: On May 28, 2002, Port Orchard City Council voted to authorize the Mayor to execute an Interlocal Agreement ("ILA") between Kitsap Fire District #7 and the City regarding Chaplain Services to the City Police Department. The Agreement had no termination date and stated that it would remain in effect indefinitely until terminated by either party with written notice. South Kitsap Fire and Rescue, Kitsap Fire District #7's successor to the ILA, and the City agree that this ILA no longer serves a purpose and is not needed. By this action the Council would authorize the Mayor to terminate the ILA. Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the termination of an ILA with South Kitsap Fire and Rescue for Chaplin Services. Relationship to Comprehensive Plan: N/A. Motion for consideration: I move to adopt a Resolution authorizing the termination of an ILA with South Kitsap Fire and Rescue for Chaplin Services. Fiscal Impact: None anticipated. Alternatives: Not authorize the Resolution and provide further guidance. Attachments: Resolution Courtesy Copy of ILA, Contract No. C003-02 38 of 129 Back to Agenda RESOLUTION NO. -22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO TERMINATE AN INTERLOCAL AGREEMENT WITH KITSAP FIRE DISTRICT #7 REGARDING CHAPLAIN SERVICES FOR THE CITY POLICE DEPARTMENT. WHEREAS, on May 28, 2002, Port Orchard City Council voted to authorize the Mayor to execute an Interlocal Agreement between Kitsap Fire District #7 and the City regarding Chaplain Services to the City Police Department; and WHEREAS, the Agreement had no termination date and stated that it would remain in effect indefinitely until terminated by either party with written notice; and WHEREAS, Kitsap Fire District #7 was made part of South Kitsap Fire and Rescue during the intervening years; and WHEREAS, the City has not utilized these services for many years; and WHEREAS, the City no longer desires to obtain these services and South Kitsap Fire and Rescue has not been providing these services to the City; and WHEREAS, both parties agree that that Interlocal Agreement should be terminated; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS 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 Port Orchard City Council authorizes the Mayor to terminate the 2002 Interlocal Agreement for Chaplain Services and to send notice to South Kitsap Fire & Rescue in accordance with the Notice provisions in the Agreement. 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 Clerk in authentication of such passage this 25th day of October 2022. Robert Putaansuu, Mayor Back to Agenda ATTEST: Brandy Wallace, MMC, City Clerk 40 of 129 Back to Agenda 82 0E!1602, 01:33P After recording reTrn to: FIRE DISTRICT 7 AGNT $15.00 Kitsap Co, WA INTERLOCAL AGREEMENT BETWEEN KITSAP FIRE DISTRICT #7 & CITY OF PORT ORCHARD REGARDING CHAPLAIN SERVICES TO CITY POLICE DEPARTMENT Summary for Recorder's Use: 1. Reference Number of documents being assigned or released: Not Applicable 2. Grantors: 1. KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7 2. CITY OF PORT ORCHARD 3. Grantee: Public 4. Legal Description: Not Applicable 5. Assessor's Property Tax Parcel Account Numbers: Not Applicable This Agreement is entered into this 28tday of May , 2002, between KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7, a Washington municipal corporation, hereinafter referred to as "DISTRICT 7", and the CITY OF PORT ORCHARD, a Washington municipal corporation, hereinafter referred to as "CITY". Herein, DISTRICT 7 and the CITY shall also be generically referred to collectively as "parties", or singularly as "party". Washington State's Interlocal Cooperation Act, RCW, Chapter 39.34, encourages local government units to enter into agreements with one another on a basis of mutual advantage in order to make the most efficient use of their resources for the benefit of their respective constituents. Previously, District 7 established a chaplains program whereby it recruited area faith based ministers to provide counseling on a volunteer basis to those of its community members and employees in need of counseling due to the loss created by fires and other emergency events. The City's police department (hereinafter "police department") has contacted District 7 regarding the possibility of having District 7 manage a chaplain program for the police department whereby area faith based chaplains, on a volunteer basis, would provide counseling in police department response cases to members of the City's citizens involving areas for which counseling might be appropriate such as cases involving alcoholism, death, depression, family disputes, mental illness, the elderly, juveniles, victims of crime and loss, and victims' families. A secondary purpose of this counseling program would be to provide counseling to police department employees regarding personal matters. District 7 has agreed to administer this INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 1 of 7 5/16/02 41 of 129 Back to Agenda program for the police department pursuant to the terms of this Agreement. The purpose of this Agreement is to set forth the detailed agreement of the parties regarding the matters contained herein in writing. NOW, THEREFORE, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 1. Establishment of Chaplain Program for City. District 7 shall establish and be solely responsible for managing a chaplain's program for use by the police department. Selection of the chaplains and development of policies and procedures regarding the program shall be the sole responsibility of District 7. 2. Financial Considerations. The Interlocal Cooperation Act requires that the parties establish how their joint undertaking established through the Interlocal Cooperation Act shall be financed and what budget(s), if any, will be maintained therefore. In answer to that statutory directive, each party shall be solely responsible for its own costs incurred in carrying out the terms of this Agreement except as otherwise specifically set forth herein; no joint financial accounts or arrangements shall be established. Also, no joint budget shall be maintained regarding carrying out the terms of this Agreement; each party shall make adequate provision in its own budget for carrying out all its obligations hereunder. 3. Management of Chaplains Program for Police Department. The parties will not establish any separate legal or administrative entity to manage the duties of each under this Agreement. District 7 shall be solely responsible for managing the implementation of the chaplain's program for the police department and each party shall have designated at all times a representative ("liaison employee") to deal with the other in administering this Agreement. 4. Police Department Duties. The police department shall comply with the following duties and obligations in making use of this chaplain's program: A. District 7 Program Rules. All police officers making use of the chaplain's program offered hereby shall become familiar with the City's policies and rules regarding this program, and the policy and rules established now and in the future by District 7 regarding this program. B. Safe Scene. Prior to requesting a chaplain, the requesting police officer shall first ensure the scene is safe for the chaplain to enter. The police officer in attendance shall not leave the chaplain unattended at the scene until he or she first determines the scene is safe for the chaplain to remain alone, and the chaplain consents to being left alone. The police department shall take all reasonable steps to ensure the continuing safety at all times of the responding chaplain. INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 2 of 7 5/16/02 N a CO M o r-- T � 3 O CU �o N - Q o .. �ti �' o-.._.} N m 5c CD Ui U_ 1-- �� Ui d L- 42 of 129 Back to Agenda C. Safety Concerns. If the police officer, using his or her reasonable judgment and training, determines the scene where the chaplain is present has become unsafe, or in all likelihood will become unsafe, that police officer shall cause the chaplain to leave the scene for a safe location, or the police officer shall remove the chaplain and person being counseled to a safe location. D. Police Department Liaison Representative. The police department's chief of police shall designate an employee to serve as the police department's liaison representative to District 7 regarding implementation of this agreement. The liaison shall be available, as need be, on a regular basis to meet with District Ts representative(s) regarding implementation of this Agreement and is hereby provided with all necessary and reasonable authority by the City to make all decisions on behalf of the City regarding the interpretation, administration, and implementation of this Agreement and all ancillary matters pertaining hereto. E. Insurance coverage / Hold Harmless Provisions. When a chaplain is contacted by the police department, and while acting therefore, that chaplain shall be afforded full coverage by the City's liability insurance policies (the same coverage as if a police officer were so acting) concerning any bodily harm or property damage that may occur to the attending chaplain, or any bodily harm or property damage that may be caused by the attending chaplain, while fulfilling his or her duties under the scope of this Agreement. This does not cover illegal acts that are intentional, or excluded under the City's insurance coverages. All coverage and benefits will be coordinated between the parties. The City agrees to save and hold District 7, its employees, agents, and representatives (including all chaplains serving hereby), harmless from any and all liability of every kind and nature, including property damage and bodily injury and mental type injury, that may occur as a result of District Ts actions or inactions, or the actions or inactions, of any chaplain, in carrying out the provisions of this Agreement. The City is not responsible, however, for any Chaplains individual negligent or intentional acts unrelated to services or performance under this Agreement. 5. District 7 Duties. District 7 shall be responsible for the following: A. Roster of Duty Chaplains. Providing a monthly roster of duty chaplains, with the name of the lead chaplain, to the police department's Service Desk. B. Chaplain Uniforms / Equipment. Providing each chaplain participating in this program with the following: an identification card; District 7 uniform; District 7 badge; District 7 minitor; and pager. INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 3 of 7 5/16/02 CD M M 0 ,ti m ,= r O m o 0 cY. mU N O p NC�mY M CE R U_ H o � W 43 of 129 Back to Agenda C. Rules and Policy. Providing a copy of all of District Ts pertinent rules and policies regarding this program, and all updates as they occur, to the police department and to the chaplains available for police department responses. D. Police Supervision. Instructing all chaplains responding to police requests to act only at the direction of the requesting police officer or other officer in charge of the scene and not to interfere with any police officer in the performance of his or her duties. E. District 7 Liaison Representative. District Ts fire chief shall designate an employee to serve as District Ts liaison representative to the police department regarding implementation of this agreement. The liaison shall be available, as need be, on a regular basis to meet with the police department representative(s) regarding implementation of this Agreement and is hereby provided with all necessary and reasonable authority by District 7 to make all decisions on behalf of District 7 regarding the interpretation, administration, and implementation of this Agreement and all ancillary matters pertaining hereto. 6. Acquiring, Holding, & Disposing of Jointly Acquired Property. The Interlocal Cooperation Act requires that the parties establish how property will be acquired, held, and ultimately disposed of. In carrying out the terms of this Agreement no property will be jointly purchased or managed. 7. Cooperation / Disputes. These parties shall strive to cooperate with one another in all reasonable respects and at all reasonable times so the terms and spirit of this Agreement may be fully implemented for the benefit of both parties. The parties, through their representatives identified herein, shall meet on an as needed basis, and as requested by the other party's representative, from time to time, to discuss and attempt resolution of any areas of concern that might arise in the implementation of this program for the police department. The resolution of any substantive issues shall be reduced to written memorandums of understanding and signed by the representative for each party. If any disputes arise between the parties regarding this Agreement and its implementation and/or interpretation that are not quickly resolved, each party shall take all necessary steps in good faith to settle all such disputes in a timely and reasonable manner at the lowest possible level, with each being mindful and reasonably accommodating of the interests and concerns of the other party. 8. Duration / Termination / Notices. This Agreement shall remain in effect indefinitely until terminated by either party according to the provisions of this section. It may be terminated by either party, by the terminating party submitting written notice to the other party of its intent to terminate this Agreement at least 20 days prior to the termination date, which termination date shall be set forth in the notice and occur on the last day the month stated therein. PROVIDED, INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 4 of 7 5/16/02 CO Cam] o�-mz T 4�. 3 co CU -- O m O N Q O O's' •s N cL m �c U_ 1- W 44 of 129 Back to Agenda HOWEVER, if termination is sought because of bona fide safety concerns, the termination may occur immediately with the tendering of the notice. For purposes of receiving written notices under this Agreement from each other, the contact liaison person for each and address for submitting notices to the other is as follows for District 7, KITSAP COUNTY FIRE PROTECTION DISTRICT NO.7 c/o ASSISTANT CHIEF WAYNE SENTER P.O. Box 1517 Port Orchard, WA. 98366 Phone: 360-871-2411 and as follows for the police department, CITY OF PORT ORCHARD POLICE DEPARTMENT c/o CHIEF ALAN L. TOWNSEND 546 Bay St. Port Orchard, WA. 98366 Phone: 360-876-1700 If the name or address of the contact/liaison person for either party ever changes, that party shall promptly notify the other party of its new contact/liaison person and/or address for the receipt of notices. All notices hereunder shall be deemed delivered to the receiving party two business days after being deposited for mailing at a U.S. mail postal drop. 9. Complete Agreement. This Agreement constitutes the full and complete agreement of the parties as to the matters contained herein. No other verbal or prior written understandings N shall be provided with any legal effect whatsoever. Any amendments hereto shall be in writing CO M and signed by both parties. c) m s 3 10. Approval of Parties. DISTRICT Ts governing body duly considered and entered T r r N'�' ti Q into this Agreement at its regularly scheduled public meeting held on the 1.3 day of o a '� o 2002 and authorized the individuals signing this Agreement hereafter to sign 04 m Y the same on its behalf. The CITY's governing body duly considered and entered into this z Agreement at its regularly scheduled public meeting held on the 28t1day of May 2002 and authorized the individuals signing this Agreement hereafter to sign the same on its behalf. 11. Agreement to be Filed with County Auditor. Pursuant to RCW 39.34.040, this interlocal agreement shall be filed with the Kitsap County Auditor by DISTRICT 7 as soon as reasonably practical after both parties have duly executed it. The filing party shall thereafter provide a fully conformed filed copy hereof to the other party. INTERLOCAL AGREEMENT REGARDING �' o CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 5 of 7 5/16/02 45 of 129 Back to Agenda KITSAP COUNTY FIRE PROTECTION DISTRICT NO.7 by: . % . Date of Signing: (� RICK METZGEA, Board Chairperson KE B WN, Fire Chief by: e-k RICK GROSS, Secretary CITY OF PORT ORCHARD by: tL LESLIE J. WEATHERILL, Mayor Attest: by: PATRICIA PARKS, Clerk INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Date of Signing: 5— Z 5 — C"7 Z Date of Signing: S! 23 ' b Z Date of Signing: %.5--a8-oa- Date of Signing: S.a-$-6a, 200206100182 Rage: 6 of? W/10/3006 01 33E FIRE DISTRICT 7 AGMT $15.00 Kitsap Co, WA Page 6 of 7 5/ 16/02 46 of 129 Back to Agenda STATE OF WASHINGTON ) ) ss DISTRICT 7 Acknowledgment COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that RICK METZGER, MIKE BROWN, and RICK GROSS, are the persons who appeared before me and said persons acknowledged they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned therein on behalf of KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7 'V9 VS: NOTE �0 p�.�2.03 •�: �LgSHING�O� STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) Print Name: _ Ir'— NOTARY PUBLIC in and or the State of My Commission Expires: a -I 1 a-10 3 CITY Acknowledgment I certify that I know or have satisfactory evidence that LESLIE J. WEATHERILL and PATRICIA PARKS, are the persons who appeared before me and said persons acknowledged they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned therein on behalf of CITY OF PORT ORCHARD Dated: .. g-0 a V • A. • Print Name: NOTq 9N: NOTARY PUBLIC in and for the State of • o UBLIC O / 9�F •�,17.0 ••• My Commissrnxpires: gl 1-7 f 4 i �F �ASHING�O FD7: INTER -LOCAL Agree CHAPLAINS PROGRAM.wpd 200206100182 96/16/2062f 01:33F FIRE DISTRICT 7 AGMT $15.66 Kitsap Co, WR INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 7 of 7 5/I6/02 47 of 129 City of Port Orchard Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Item 4F Subject: Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Title VI Requirements Meeting Date: October 25, 2022 Prepared by: Tony Lang Public Works Director Atty Routing No: 366922-0009 — PW Atty Review Date: 10/21/2022 Summary: Recipients of federal financial assistance are required to comply with Title VI of the Civil Rights Act of 1964 and subsequent nondiscrimination laws. On December 17, 2019, Port Orchard City Council approved C058-19 authorizing a Non -Discrimination Agreement between the City of Port Orchard and the Washington State Department of Transportation. On October 6, 2022, the Port Orchard City's Clerk's office was contacted by the Washington State Department of Transportation Title VI's Program Specialist requesting additional documentation due to an update in the Local Agency Guidelines Manual. The Port Orchard Public Works Department determined that the City can fulfill with the Title VI requirements by authorizing and adopting Washington State Department of Transportation's Letter of Intent to Comply with the Washington State Department of Transportation's Title VI Plan in lieu of adopting its own Title VI Plan. Staff is seeking general authority for the Mayor to execute the Letter of Intent, as well as any associated agreements and documents pertaining to the City's compliance with Title VI. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that City Council adopt a Resolution authorizing the Mayor to sign an agreement with the Washington State Department of Transportation adopting WSDOT's Title VI Plan. Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to sign an agreement with the Washington State Department of Transportation adopting WSDOT's Title VI Plan. Fiscal Impact: None Alternatives: Do not approve and provide alternative guidance. Attachments: Resolution and Ex A- Letter of Intent to Comply and Assurances 48 of 129 Back to Agenda RESOLUTION NO. -22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING AN AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF PORT ORCHARD TO MEET THE REQUIREMENTS OF THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TITLE VI PLAN. WHEREAS, recipients of federal financial assistance are required to comply with Title VI of the Civil Rights Act of 1964 and subsequent nondiscrimination laws; and WHEREAS, on December 17, 2019, Port Orchard City Council approved C058-19 authorizing a Non -Discrimination Agreement between the City of Port Orchard and the Washington State Department of Transportation; and WHEREAS, on October 6, 2022, the Port Orchard City's Clerk's office was contacted by the Washington State Department of Transportation Title VI's Program Specialist requesting additional documentation due to an update in the Local Agency Guidelines Manual; and WHEREAS, Port Orchard Public Works department determined that the City can fulfill the Title VI requirements by authorizing and adopting Washington State Department of Transportation's Letter of Intent to Comply with the Washington State Department of Transportation Title VI Plan in lieu of creating its own Title VI Plan as allowed by Washington State Department of Transportation Local Agency Guidelines (LAG) manual Chapter 28.2; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into the attached Agreement with the Washington State Department of Transportation; 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 of and authorizes the Mayor to execute an Agreement with Washington State Department of Transportation attesting to Title VI compliance (copy attached as Exhibit A), and to execute all other documents on behalf of the City necessary to evidence the City's commitment to compliance. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. 49 of 129 Back to Agenda Resolution No. Page 2 of 2 THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both Port Orchard and WSDOT, the City Clerk is directed to post a copy of this Agreement on the City's website as required by law. 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 25' day of October 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 50 of 129 Washington State Back to Agenda VAf Department of Transportation Appendix 28.92 Letter of Intent to Comply with WSDOT Title VI Plan In lieu of adopting a Title VI Plan, the City of Port Orchard agrees to comply with the WSDOT Title VI Plan The City of Port Orchard assures that no person shall on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity. The City of Port Orchard further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities" to include all programs or activities of federal aid recipients, sub -recipients, and contractors/consultants, whether such programs and activities are federally assisted or not (Public Law 100259 [S.557] March 22, 1988). In the event the City of Port Orchard distributes federal aid funds to a sub -recipient, the City of Port orchard of will include Title VI language in all written agreements and will monitor for compliance. The City of Port Orchard is responsible for initiating and monitoring Title VI activities, collecting data, preparing reports (including Appendix 28.93) and other responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 49 Code of Federal Regulation, WSDOT Title VI Plan, and the WSDOT Local Area Guidelines manual. Signature Ma) Title Tony Lang, Public Works Director Name and Title of Public Works/Transportation Manager Brandy Wallace, City Clerk Name and Title of Title VI Coordinator Required Attachment: signed, unaltered USDOT1050.2a, Standard Title VI Assurances 10/25/2022 Date Executed publicworks(a�-portorchardwa.gov Email Address cityclerk(aD-portorchardwa.gov Email Address DOT Form App 28.92 51 of 129 Revised 01/2022 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The City of Port Orchard (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Washington State Department of Transportation (WSDOT), is subject to and will comply with the following: Statutory/Regulatory Authorities Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, 'for which the Recipient receives Federal financial assistance from DOT, including the Washington State Department of Transportation. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard 52 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The City of Port Orchard, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: 53 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the City of Port Orchard also agrees to comply (and require any sub - recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the [the City of Port Orchard] access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the [the City of Port Orchard]. You must keep records, reports, and submit the material for review upon request to [the City of Port Orchard, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. [The City of Port Orchard] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Administration. This ASSURANCE is binding on Washington State Department of Transportation, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal -Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. City of Port Orchard (Name of Recipient) by Fned by: r;(�PLv-t'SW' (Signature of Authorized Official) DATED May 2, 2022 54 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A 55 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. A 56 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the (the City of Port Orchard) will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code, the Regulations for the Administration of Washington State Department of Transportation, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (the City of Port Orchard) all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the City of Port Orchard and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the (the City of Port Orchard, its successors and assigns. The the City of Port Orchard, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the (the City of Port Orchard will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above -mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 0 57 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the (the City of Port Orchard pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the City of Port Orchard will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the (the City of Port Orchard will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the (the City of Port Orchard) and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) C 58 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by (the City of Port Orchard pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, (the City of Port Orchard) will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, (the City of Port Orchard will there upon revert to and vest in and become the absolute property of (the City of Port Orchard and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 110 59 of 129 DocuSign Envelope ID: A55FF80E-7051-419B-BB15-9ABDB92DAF2C Back to Agenda APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 60 of 129 O n rt O n (C CD 3 C. C Nondiscrimination Agreement Population Unde, 100,000 Washington State Department of Transportation and Name of Recipient Policy Statement The (City of Port Orchard), hereinafter referred to as the "Recipient" assures that no person shall on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights Restoration Act of 1987 (P.L. 100.259) be excluded from participation in, be den-ed the benefits of, or be otherwise subjected to discrimination under any program or activity. The Recipient further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. The Civil Rights Restoration Act of 1987, broadened the scope of Title VI coverage by expanding the definition of terms "programs or activities" to include all programs or activities of federal aid recipients, sub -recipients, and contractors/consultants, whether such programs and activities are federally assisted or not (Public Law 100259 [S.557] March 22, 1988). In the event the Recipient distributes federal aid funds to a sub -recipient, the Recipient will include Title VI language in all written agreements and will monitor for compliance. The Recipient's (City Clerk, Brandy Rinearson), is responsible for initiating and monitoring Title VI activities, preparing reports and other responsibilities as required by 23 Code of Federal Regulation(CFR) 200 and 4) Code of Federal Regulation 21. Signature Title Date Title VI Program Organization and Staffing Pursuant to 23 CFR 200, (City of Port Orchard) has designated a Title VI Coordinator who is responsible for Attachment 1, which describes the hierarchy for (City of Port Orchard)'s Title VI Program, including an organization's chart illustrating the level and placement of Title VI responsibilities. April 2014 61 of 129 Page 1 M O n rt O 0 (Q �D Assurances 49 CFR Part 21.7 The (City of Port Orchard), hereby gives assurances: That no person shall on the grounds of race, color, national origin, and sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program :)r activity conducted by the recipient regardless of whether those programs and activities are federally funded or not. Activities and programs which &e recipient hereby agrees to carry out in compliance with Title VI and related statutes include but are not limited to: • List all major Transportation programs and activities of the recipient and Title VI responsibilities for each one of them. Include information as Attachment 2 to this Nondiscrimination Agreement. 2. That it will promptly take any measures necessary to effectuate this agreement. 3. That each Transportation program, activity, and facility (i.e., lands change to roadways, park and ride lots, etc.) as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. 4. That these assurances are given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the recipient by the Washington State Department of Transportation (WSDOT) under the federally - funded program and is binding on it, other recipients, subgrantees, contractors, sub -contractors, transferees, successors in interest and other participants. The person or persons whose signatures appear below are authorized to sign these assurances on behalf of the Recipient. 5. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all federally -funded programs and, in all proposals for negotiated agreements. The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined a 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. Page 2 62 of 129 April 2014 O n rt O n (Q CD 6. That the Recipient shall insert the clauses of Appendix 1 of this Ag, Q lent in every contract subject to the Act and the Regulations. M 7. That the Recipient shall insert the clauses of Appendix 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. That the Recipient shall include the appropriate clauses set forth in Appendix 3 of this Agreement, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or improved under a federal aid program; and (b) for the construction or use of or access to space on, over or under real property acquired, or improv.-d under a federal aid program. 9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. Implementation Procedures This agreement shall serve as the recipient's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1. Grants and loans of federal funds. 2. The grant or donation of federal property and irterest in property. 3. The detail of federal personnel. 4. The sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient. 5. Any federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The recipient shall: 1. Issue a policy statement, signed by the head of :he recipient, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the recipient's organization and to the general public. Such information shall be published wh-.re appropriate in languages other than English. 2. Take affirmative action to correct any deficienc-es found by WSDOT or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The head of the recipient shall be held responsible for implementing Title VI requirements. April 2014 63 of 129 Page 3 O n rt O n (Q �D 3. Designate a civil rights coordinator who has a responsible position p, e organization and easy access to the head of the-ecipient. The civil 1 O s coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. The civil rights coordinator shall adequately implement the civil rights requirements. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin or sex, the nature of the complaint, the date the complaint was filed, the date the investigation was completed, the disposition, the date of the disposition, and other pertinent information. A copy of the complaint, together with a copy of the recipient's report of investigation, will be forwarded to WSDOT's Office of Equal Opportunity (OEO) within 10 days of the date the complaint was received by the recipient. 6. Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the recipient. 7. Conduct Title VI reviews of the recipient and sub -recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by WSDOT OEO. 9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year. This report is due one year from the date of approval of the Nondiscrimination Agreement and then annually on the same date. a. Annual Work Plan — Outline Title VI monitoring and review activities planned for the coming year; state by which each activity will be accomplished and target date for completion. b. Accomplishment Report — List major accomplishments made regarding Title VI activities. include instances where Title VI issues were identified and discrimination was prevented. Indicate activities and efforts the Title VI Coordinator and program area personnel have undertaken in monitoring Title VI. Include a description of the scope and conclusions of any special reviews (internal or external) conducted by -he Title VI Coordinator. List any major problem(s) identified and corrective action taken. Include a summary and status report on any Title VI complaints filed with the recipient. Page 4 64 of 129 April 2014 Discrimination Complaint Procedure April 2014 O n rt O n (Q CD 3 a 4) Any person who believes that he or she, individually, as a member �,_ _.1y specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1950, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the recipient. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the recipient's Title VI Coordinator for review and action. 2. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a. The date of alleged act of discrimination; or b. Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the recipient or his/her desigr_ee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. 3. Complaints shall be in writing and shall be sign--d by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the recipient, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the recipient's investigative procedures. 4. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or propcsed action to process the allegation, and advise the complainant of other avenues of redress available, such as WSDOT and USDOT. 5. The recipient will advise WSDOT within 10 dads of receipt of the allegations. Generally, the following information will be included in every notification to WSDOT: a. Name, address, and phone number of the complainant. b. Name(s) and address(es) of alleged discriminating official(s). c. Basis of complaint (i.e., race, color, national origin, or sex) d. Date of alleged discriminatory act(s). e. Date of complaint received by the recipient. f. A statement of the complaint. g. Other agencies (state, local, or federal) where the complaint has been filed. h. An explanation of the actions the recipient has taken or proposed to resolve the issue raised in the complaint. Page 5 65 of 129 O n rt O (Q (D 6. Within 60 days, the Title VI Coordinator will conduct an investigate Q if the allegation and based on the information obtained, will render a recc °1 endation for action in a report of findings to the head of the recipient. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. 7. Within 90 days of receipt of the complaint, the head of the recipient will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/ her appeal rights with WSDOT, or USDOT, if they are dissatisfied with the final decision rendered by the Recipient. The Title VI Coordinator will also provide WSDOT with a copy of this decision and summary of findings upon completion of the investigation. 8. Contacts for the different Title VI administrative jurisdictions areas follows: Washington State Department of Transportation Office of Equal Opportunity, Title VI Program PO Box 47314 Olympia, WA 98466 360-705-7098 Federal Highway Administration Washington Division Office 711 Capitol Way South, Suite 501 Olympia, WA 98501 360-534-9325 Page 6 66 of 129 April 2014 Sanctions O n rt O n (Q (D 7 a to In the event the recipient fails or refuses to comply with the terms of th.- . breement, WSDOT may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the recipient under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the recipient. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been aczomplished by the recipient. 4. Refer the case to the Department of Justice for appropriate legal proceedings. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION: Signature Program Specialist on behalf of Director of the Office of Equal Opportunity Title December 17, 2019 Date NAME OF RECIPIENT: _;i...e Signature Mayor Title a/Int Date April 2014 67 of 129 Page 7 Appendix 1 During the performance of this contract, the contractor/consultant, for its...., its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Compliance With Regulations — The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination — The contractor, with rega-d to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment — In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipmem, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports — The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance — In the event o -the contractor's noncompliance with the nondiscrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation, termination, or suspension of the contract, in whole or in part Page 8 68 of 129 April 2014 O n rt O n 6. Incorporation of Provisions — The contractor shall include the pro Ins of paragraphs (1) through (5) in every subcontract. including procuren Wgof materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub- contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. April 2014 69 of 129 Page 9 Appendix 2 The following clauses shall be included in any and all deeds affecting o.._'ording the transfer of real property, structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Washington will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, the Department of Transportation WSDOT (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Washington all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Washington, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as fol.ows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Washington, its successors, and assigns. The state of Washington, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)(and)* (2) that the state of Washington, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non -Discrimination of Federally -Assisted ?rograms of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the went of breach of any of the above mentioned nondiscrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction. Page 10 70 of 129 April 2014 to fy n rt O `n Appendix 3 a The following clauses shall be included in all transportation related dee—Xcenses, leases, permits, or similar instruments entered into by (Recipient) pursuant to the provisions of Assurance 8. The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the hand that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose of which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the LESSEE shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs :)f the Department of Transportation --Effectuation of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the Washington State Department of Transportation pursuant to the provisions of Assurance 8. The LESSEE, or himself or herself, his or her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person, on the grounds of race, color, sex, or national origin, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to -discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and furnishing of services thereon, no person cn the grounds of race, color, sex, and national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that th-- LESSEE shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation --Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. I Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. April 2014 71 of 129 Page 11 Back to Agenda CITY OF PORT ORCHARD TITLEVI ORGANIZATION CHART ATTACHMENT I Robert Putaansuu Mayor Brandy Rinearson Mark Dorsey City Clerk Director of Public Works/Engineering Should the City receive any Title VI complaints, they will be forwarded to the City Clerk and legal counsel for administration and investigation of the complaint. 72 of 129 W rt City of Port Orchard v Title VI Major Transportation Programs and Actin 1 es 0. Attachment 2 Title VI responsibilities for federally funded major transportation projects: ■ No person shall be subject to discrimination nor excluded from participation as set forth in the Nondiscrimination Agreement; • Follow up on any complaints received; • The City of Port Orchard will include the language from Appendix 1 and Appendix 2 from the Nondiscrimination Agreement within the specified agreements if applicable; and • Submit a detailed annual report by the required submittal date set by WSDOT. Title VI responsibilities for non -federally funded projects (major and other): • No person shall be subject to discrimination nor excluded from participation as set forth in the Nondiscrimination Agreement; and • Follow up on any complaints received. Title VI responsibilities for all other projects and operations: • No person shall be subject to discrimination nor excluded from participation as set forth in the Nondiscrimination Agreement; and ■ Follow up on any complaints received. 73 of 129 O n rt O n (C CD 7 C. The United States Department of Transportation USDOT Standard Title VI Nan -Di C nination Assurances. DOT Order No. 1050.2A The City of Port Orchard (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Washington State Department of Transportation, is subject to and will comply with the following: Statutory/Regulatory Authorities Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, 'for which the Recipient receives Federal financial assistance from DOT, including the Washington State Department of Transportation. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard 74 of 129 O n rt O n (Q CD to a "facility") operated, or will be (with regard to a "program") conducted in cot CL 3nce with all requirements imposed by, or pursuant to the Acts and the Regulations. O 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all the Federal Aid Highway Program and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The City of Port Orchard, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2COOd to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and fzcilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Apperdix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. That this Assurance obligates the Recipient for the period daring which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: 75 of 129 W M. O �D the period during which the property is used for a purpose for which the Fed Q financial assistance is extended, or for another purpose involving the provision of sim W ervices or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, City of Port Orchard also agrees to comply (and require any sub -recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the City of Port Orchard access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the City of Port Orchard. You must keep records, reports, and submit the material for review upon request to City of Port Orchard, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. City of Port Orchard gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Aid Highway Program. This ASSURANCE is binding on Washington State, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. PAX,( ± P (City of Port Orchard) by 7_4� (Robert utaansuu, Mayor) DATED I )l 3 76 of 129 O n rt O n (C �D 7 C. APPENDIX A C During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be -lotified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation ma7 determine to be appropriate, including, but not limited to: withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whcle or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A 77 of 129 O n rt O n (Q CD unless exempt by the Acts, the Regulations and directives issued pursuant therei Q he contractor will take action with respect to any subcontract or procurement as th M cipient or the Washington State Department of Transportation may cirect as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. A 78 of 129 O n rt O n (Q �D APPENDIX B C C. O CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as author zed by law and upon the condition that the City of Port Orchard will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code, the Regulations for the Administration of program, and the policies and procedures prescribed by the Washington State Department of Transportation of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (City of Port Orchard) all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto City of Port Orchard and its successors forever, subject, however, to the covenants, conditions, restrictions .and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the City of Port Orchard, its successors and assigns. The City of Port Orchard, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the City of Port Orchard will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above -mentioned non-discrimination conditions, the Department will have a right to enter or re- enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) O n rt O n (Q CD APPENDIX C C C. O CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the City of Port Orchard pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliarce with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation n, denied the benefits of, or be otherwise subjected to discrimination in the use of said facil ties. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, City of Port Orchard will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the City of Port Orchard will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Port Orchard and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) C 80 of 129 O n rt O n (Q CD APPENDIX D CL O CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by City of Port Orchard pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regilations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, City of Port Orchard will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, City of Port Orchard will there upon revert to and vest in and become the absolute property of City of Port Orchard and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) n Arsfw* O n rt O n (Q CD APPENDIX E C C. O During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471. Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Aga Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or act vities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 82 of 129 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Consent Item 4G Approval of an Amendment to Contract No. C057-22 with SAFEBuilt Consultants for Building/Fire Code Plan Review and Building Code Inspection Services Back to Agenda Meeting Date: October 25, 2022 Prepared by: Nick Bond Atty Routing No. Atty Review Date DCD Director 366922-0011 DCD 9/13/2022 Summary: The City relies on consultants to support the Building Department for plan review and inspection services under the City's building codes. On April 12, 2022, the City Council adopted Resolution No. 039-22, authorizing the Mayor to execute a contract with Safebuilt Washington, LLC, for As -Requested Building, Planning, and Mechanical Inspection Services, and Remote Plan Review Services. Safebuilt was selected following a procurement process wherein DCD used its consultant roster hosted by MRSC to select a consultant for personal services, under a main category of Building Department Services and a subcategory of Building Inspection Services. After reviewing statements of qualification posted on the roster, the City selected SafeBuilt and requested a scope and fee structure for Building Department services. At the time of approval, the City's procurement rules did not allow for this abbreviated process but the Council approved of a limited waiver of the procurement rules to authorize this necessary service. Using price and qualifications in allowed under state law and is consistent with MRSC guidance, but the city's adopted policies at the time this contract was authorized were more stringent. Contract No. 057-22 included a not to exceed total amount of $140,000 through Dec. 31, 2023. At the time of approval, staff believed that the City would not reach the contract amount prior to the end of 2023 but given permitting volumes, particularly for multi -family development, and the City's targets for time periods in which to turn around building permit applications, the City requires additional services for the City to maintain levels of service. By this action the City Council would authorize an amendment to the contract to increase the total authority to $280,000 but keep the original contract term. Recommendation: Staff recommends approval of an amendment to Contract No. 057-22 with SafeBuilt as presented. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the mayor to execute Amendment No. 1 to Contract No. C057-22 with SafeBuilt for fire code plan review and building code inspection services." Fiscal Impact: This amendment is for a new not to exceed of $140,000 during the 2022-2023 budget years. The City's building permit and plan check fee revenues are greatly above budgeted revenues. While a budget amendment is likely required, there are corresponding revenues to offset these new expenditures. 83 of 129 Back to Agenda Alternatives: Hire additional staff building inspectors and plan reviewers. Attachments: Amendment No. 1 Contract No. C057-22 Courtesy copy of Resolution C039-22 84 of 129 Back t Amendment No. 1 to Contract No. C057-22 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH SAFEBUILT THIS AMENDMENT to Contract No. C057-22 ("Amendment") is made effective as of the date of mutual execution hereof, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Safebuilt Washington, LLC, a limited liability company organized under the laws of the State of Washington, located and doing business at 3755 Precision Drive, Suite 140, Loveland, Colorado 80538 ("Consultant"). WHEREAS, on in April 2022, pursuant to Resolution No. 039-22, the City executed a Professional Service Agreement with Consultant, for the provision of As -Requested Building, Planning, and Mechanical Inspection Services, and Remote Plan Review Services ("Underlying Agreement"); and WHEREAS, via Resolution No. 039-22, the City Council waived the City's procurement policies for the purposes of obtaining the necessary professional services Underlying Agreement; and WHEREAS, due to an increased need for the services provided by the Consultant the City desires to increase the contract authority provide in Contract C057-22 to ensure that these services may continue for the remaining term of the Underlying Agreement and are not disrupted; and WHEREAS, the Consultant and the City have conferred and have agreed to increase the total compensation limit for the current term; and WHEREAS, the parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. Section 4 of the Underlying Agreement (C055-22) between the parties is amended to increase the total not to exceed amount for the life of the Agreement from $140,000 to $280,000, inclusive of all amounts paid prior to the execution of this Amendment. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. 85 of 129 Back to Agenda CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Signature Printed Name and Title 86 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 12' day of April 2022, ("Effective Date") by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and, SAFEbuilt Washington, LLC a corporation, organized under the laws of the State of Delaware, doing business at: SAFEbuilt Washington, LLC 3755 Precision Drive, Suite 140 Loveland, Colorado 80538 Contact: Phone: 206.462.7030 (hereinafter the "CONSULTANT") for professional services in connection with the following Project: As -Requested Building, Planning, and Mechanical Inspection Services, and Remote Plan Review Services. TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A" The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and SAFEbuilt Washington, LLC Professional Service Agreement Contract No. 057-22 1 of 10 87 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back 3. Terms. This Agreement shall commence upon the Effective Date stated above of the Agreement and shall terminate December 31, 2023 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ 140,000 without advance written authorization by the City and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A" 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 2of10 88 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. Consultant may terminate this Agreement upon ninety (90) days written notice, with or without cause and with no penalty or additional cost. In case of such termination, Consultant shall be entitled to receive payment for work completed prior to the date of termination. Consultant's termination for convenience does not constitute a default or breach of this Agreement. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. .Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 3of10 89 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends as long as such suspension does not exceed thirty (30) days. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 4of10 90 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, to the extent arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 5of10 91 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 6of10 92 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent shall not be unreasonably withheld.. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Joe DeRosa, CFO SAFEbuilt Washington, LLC 3755 Precision Drive #140 Loveland, CO 80538 Email: jderosa@safebuilt.com 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 7of10 93 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 8of10 94 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WAS r96�u�cillbv:By: rl�ataln sLgk Ro ert utaansuu, Mayor Date: April 15, 2022 CONSULTANT SAFEb ilt Washin to LLC By: �-- Name: Avner Alkhas Date: April 14, 2022 ATTES VJU"T ICATE: � / . �� Title: CFO By: �'j Bran y Wallace, MMC City Clerk APP ;AS,T.0 FORM: By: Char otte . Archer, City Attorney City of Port Orchard and SAFEbuilt Washington LLC Professional Service Agreement Contract No. 057-22 9of10 95 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and SAFE/milt Washington, LLC Professional Service Agreement Contract No. 057-22 10of10 96 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back to Agenda EXHIBIT A — SCOPE OF SERVICES AND FEE SCHEDULE 1. LIST OF SERVICES As -Requested Building, Plumbing, Mechanical Inspection Services ✓ Consultant utilizes an educational, informative approach to improve the customer's experience. ✓ Perform code compliance inspections to determine that construction complies with approved plans ✓ Meet or exceed agreed upon performance metrics regarding inspections ✓ Provide onsite inspection consultations to citizens and contractors while performing inspections ✓ Return calls and emails from permit holders in reference to code and inspection concerns ✓ Identify and document any areas of non-compliance ✓ Leave a copy or provide an electronic version of the inspection results and discuss inspection results with site personnel As-Reauested Remote Plan Review Services ✓ Provide plan review services electronically or in the traditional paper format ✓ Review plans for compliance with adopted building codes, local amendments or ordinances ✓ Be a resource to applicants on submittal requirements and be available throughout the process ✓ Provide feedback to keep plan review process on schedule ✓ Communicate plan review findings and recommendations in writing ✓ Return a set of finalized plans and all supporting documentation ✓ Provide review of plan revisions and remain available to applicant after the review is complete Remote Plan Conveyance ✓ Electronic plan submittals will be reviewed and returned electronically ✓ Applicant will submit number of hardcopies required by Municipality ✓ Consultant will return plans and supporting documents Reporting Services ✓ Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format 2. MUNICIPAL OBLIGATIONS ✓ Municipality will issue permits and collect all fees ✓ Municipality will provide Consultant with a list of requested inspections and supporting documents ✓ Municipality will intake plans and related documents for pick up by Consultant or submit electronically TIME OF PERFORMANCE ✓ Consultant will perform Services during normal business hours excluding Municipal holidays ✓ Services will be performed on an as -requested basis ✓ Inspectors will be dispatched on an as -requested basis ✓ Consultant representative(s) will be available by phone and email Deliverables INSPECTION SERVICES Perform inspections received from the Municipality prior to 4:00 pm next business day PRE -SUBMITTAL MEETINGS Provide pre -submittal meetings to applicants by appointment PLAN REVIEW Provide comments within the following timeframes: TURNAROUND TIMES Day 1 = first full business day after receipt of plans and all supporting documents Proiect Type: First Comments Second Comments ✓ Single-family within 10 business days 5 business days or less ✓ Multi -family within 10 business days 5 business days or less ✓ Small commercial within 10 business days 5 business days or less (under $2M in valuation) ✓ Large commercial within 20 business days 10 business days or less Page 1 of 2 97 of 129 DocuSign Envelope ID: 295AB306-2E47-405C-AC79-DB5747601BE9 Back to Agenda 4. FEE SCHEDULE ✓ Municipality and Consultant will review the Municipal Fee Schedule and valuation tables annually to discuss making adjustments to reflect increases in the costs incurred by Consultant to provide Services. ✓ Beginning January 01, 2023 and annually thereafter, the hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI") for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. ✓ Consultant fees for Services provided pursuant to this Agreement will be as follows: Service Fee Schedule: Inspection Services $105.00 per hour — one (1) hour minimum • Building, Mechanical, Plumbing Plan Review Services • Residential and Commercial 55% of Municipal Plan Check Fee as established by ordinance or resolution • Excludes fire review Fire Plan Review Services $150.00 per hour — one (1) hour minimum Pre -Submittal Meetings $125.00 per hour — one (1) hour minimum Structural Engineering Plan Review $150.00 per hour — one (1) hour minimum After Hours/Emergency Inspection Services $125.00 per hour —two (2) hour minimum Hourly time tracked will start when Consultant checks in at Municipality or first inspection site. Page 2 of 2 98 of 129 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of September 27, 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: Councilmember Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present Present Present Present Present Present via Remote Access Present Staff present: Public Works Director Lang, Interim Public Works Director Hammer, Finance Director Crocker, HR Manager Lund, Senior Planner Fisk, City Attorney Archer, and Deputy City Clerk Floyd. Staff attending via Zoom: City Clerk Wallace The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:49) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 01:13) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to add the excusal of Councilmember Rosapepe for personal reasons. City Clerk Wallace announced she just promoted Councilmember Rosapepe from an attendee to a panelist on Zoom. Councilmember Cucciardi rescinded his motion, seconded by Councilmember Clauson. The motion carried. 99 of 129 Mir Back to Agenda 2022 Page 2 of 7 MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 02:32) John Gish, spoke to the ADU amendment and questioned the rules about living on the property for at least 6 months out of the year, and how that relates to a 20-unit apartment complex. Chris Hutchison believes it is not the resident's responsibility to pay for the Bethel Road project as the people who would most benefit would be the businesses. It should be their responsibility to pay for the project. Also, people are not in favor of the 2 roundabouts and there should be more time to evaluate the cost of the entire project. Anthony is curious where the push for the Bethel Corridor project is coming from. A lot of people are currently working from home and he hope this is in the best interest of the people of Port Orchard. 4. CONSENT AGENDA (Time Stamp: 7:58) A. Approval of Voucher Nos. 84751 through 84808 including bank drafts in the amount of $883,687.64 and EFTS in the amount of $251,488.54 totaling $1,135,176.18. B. Approval of Payroll Check Nos. 84745 through 84750 including bank drafts and EFT's in the amount of $212,743.89 and Direct Deposits in the amount of $208,735.91 totaling $421,479.80. C. Adoption of a Resolution Granting a Use and Occupancy License Agreement to Puget Sound Energy for a Twenty (20) Foot Portion of City Parcel No. 012301-3-035-2000 (Resolution No. 093- 22 and Agreement No. 107-22) D. Adoption of a Resolution Accepting a Temporary Construction Easement for the Lippert Road Repair and Sidewalk Retrofit Project (Resolution No. 097-22) E. Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 (Resolution No. 099-22) MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to approve the consent agenda. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING 100 of 129 Mir Back to Agenda 2022 PaRe3of7 A. Ordinance Amending POMC 15.30 and 20.150.270 Pertaining to Stormwater Management (Time Stamp 8:30) Mayor Putaansuu opened the public hearing, and there being no comments, closed the public hearing at 6:42 p.m. VJW*1_9W S11k"kTW A. Continued: Adoption of an Ordinance Amending POMC Chapters 20.68 and 20.38.235 Regarding Accessory Dwelling Unit Owner Occupancy (Time Stamp 11:59) MOTION ON THE FLOOR: By Councilmember Clauson, seconded by Councilmember Trenary, to adopt an ordinance amending Port Orchard Municipal Code 20.68 and POMC 20.38.235, as presented. Councilmember Lucarelli voiced concerns about removing the owner occupancy requirement. Councilmember Chang supports owner occupancy for ADU's but he believes an owner should be living in one of the units. The motion moved. Councilmember Chang and Councilmember Lucarelli voted no. (Ordinance No. 038-22) B. Adoption of an Ordinance Amending POMC 15.30 and 20.150.270 Pertaining to Stormwater Management (Time Stamp: 17:37) MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli, to adopt an ordinance amending POMC Chapter 15.30 and Section 20.150.270, pertaining to stormwater management. The motion carried. (Ordinance No. 043-22) C. Adoption of Ordinance Imposing a One -tenth of One Percent Sales Tax Dedicated for Transportation in the City of Port Orchard (Time Stamp: 21:27) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt an ordinance imposing a of one -tenth of one percent (0.1%) sales tax increase dedicated to transportation in the City of Port Orchard. The motion carried. (Ordinance No. 039-22) `uyrsam, Mir Back to Agenda 2022 Page 4 of 7 D. Second Reading and Adoption of an Ordinance Amending POMC Section 13.04.010 by Increasing Water Rates (Time Stamp 32:58) MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt an ordinance amending POMC 13.04.010, effective January 1, 2023. The motion carried. (Ordinance No. 040-22) E. Adoption of Ordinance Amending the 2021-2022 Biennial Budget (Time Stamp 41:49) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt an ordinance amending the 2021-2022 Biennial Budget, as adopted by Ordinance No. 035-20, and as previously amended. The motion carried. (Ordinance No. 041-22) F. Adoption of an Ordinance Re -authorizing the Separate Position of City Engineer, and Establishing General Duties and Qualifications (Time Stamp 45:13) MOTION: By Councilmember Diener, seconded by Councilmember Trenary, to adopt an ordinance re-establishing the separate City Engineer position and establishing general qualifications and duties for the position. The motion carried. (Ordinance No. 042-22) G. Adoption of a Resolution Confirming Appointments of Code Enforcement Officer, Public Works Director, and City Engineer (Time Stamp 47:00) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution confirming the Mayor's appointments to the positions of Code Enforcement Officer, Public Works Director and City Engineer. The motion carried. (Resolution No. 100-22) H. Approval of Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Road Maintenance Costs Due to WSDOT Required Detour (Time Stamp 52:52) 102 of 129 Mir Back to Agenda 2022 Page 5 of 7 MOTION: By Councilmember Diener, seconded by Councilmember Trenary, to adopt a resolution authorizing the Mayor to sign Contract No. C100-22 with the Washington State Department of Transportation for traffic detours and associated impacts during their Bethel/Bay/Maple roundabout construction project. Councilmember Chang explained he works for the Department of Transportation but does not personally benefit from this agreement. He would recuse himself if anyone had concerns. No one voiced any concerns. The motion carried. (Resolution No. 078-22) I. Approval of the September 13, 2022, City Council Meeting Minutes (Time Stamp 58:31) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the minutes of the September 13tn regular Council meeting. The motion carried. Councilmember Lucarelli abstained. 8. DISCUSSION ITEMS (No Action to be Taken) A. Community Event Center Design Alternatives- Feature Wall and Ceiling Concepts (Time Stamp 59:20) Mayor Putaansuu provided images of a feature wall which included a 2-story wooden contour map. It is envisioned as being Sinclair Inlet and the surrounding land masses. He also showed images of sound dampening ceiling treatment options. Additionally, he spoke to streetlights and it may be possible to have WSDOT maintain those. Lastly, he showed a BKAT (Bremerton Kitsap Access Television) video 'Engaging Kitsap' with Colleen Miko, Mayor Putaansuu and Dean Kelly, Principal Architect with Rice Fergus Miller on the community events center. Council and Mayor briefly discussed the video and funding for the project. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:30:00) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet October 17tn. The Utilities Committee is scheduled to meet October 11tn. The Finance Committee is scheduled to meet October 18tn. The Land Use Committee is scheduled to meet October 19tn. The Sewer Advisory Committee is scheduled to meet October 5tn Councilmember Chang reported on the September 27tn Transportation Committee meeting. 103 of 129 Mir Back to Agenda 2022 Page 6 of 7 Councilmember Lucarelli reported on the September 19t" Festival of Chimes and Lights Committee meeting. Councilmember Cucciardi reported the Lodging Tax Advisory Committee is scheduled to meet October 5cn Mayor Putaansuu noted the sewer plant received an Outstanding Performance Award from the Washington State Department of Ecology. 10. REPORT OF MAYOR (Time Stamp: 1:34:56) The Mayor reported on the following: • Update on the removal of derelict boats in Sinclair Inlet; • Cities on Tap event; and • City Vision magazine article about sustainability. 11. REPORT OF DEPARTMENT HEADS (Time Stamp: 1:36:35) Public Works Director Lang voiced his appreciation to the Mayor, Council, and co-workers for their support over the last several years. Additionally, he reported on City flushing, striping, thermoplastic applications, SCADA upgrades, paving and crack -sealing, and WSDOT hydrant removal. Finance Director Crocker reported on the budget process and asset management planning. Senior Planner Fisk provided an update on planning permits. City Attorney Archer reported she met with the City's new code enforcement officer who is excited to work for the City and comes with a lot of experience. HR Manager Lund reported on the City's online application process and numbers of job postings and applicants, also spoke of the City being an employer of choice. 12. CITIZEN COMMENTS (Time Stamp: 1:46:08) There were no citizen comments. 13. EXECUTIVE SESSION There was no executive session. 14. CITY COUNCIL GOOD OF THE ORDER (Time Stamp: 1:46:50) There was no good of the order. 104 of 129 Mir Back to Agenda 2022 PaRe7of7 15. ADJOURNMENT The meeting adjourned at 8:17 pm. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor 105 of 129 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Subject: Public Hearing on Property Tax Levy and Revenue Sources for 2023, Current Back to Agenda Meeting Date: October 25, 2022 Prepared by: Noah D. Crocker Expense Budget 2023-2024 and Atty Routing No: Satisfying the Requirements of RCW Atty Review Date 84.55.120 Finance Director 366922-0007 October 13, 2022 Summary: The City legislative body is required to hold a Public Hearing on current expense budget revenue sources for the coming biennium's budget, including consideration of possible increases in property tax revenues, per RCW 84.55.120. The hearing must be held before the legislative body votes on a property tax levy for the upcoming year. The deadline for setting the levy for property tax collection for 2023 is November 30, 2022. This Hearing is a part of the public process that leads to the adoption of an Ordinance setting the property tax levy, which is then forwarded to the Kitsap County Assessor along with a Levy Certification, in order to set the property tax levy for collection in the 2023 tax year. The Hearing will include a presentation of revenue sources and estimates for 2023-2024. The Hearing relates to setting the 2023 levy for property tax collection in the first year of the 2023-2024 biennium. Recommendation: Open and conduct the Public Hearing. Fiscal Impact: Leads to the setting of the property tax levy for collection in the 2023 tax year. Alternatives: None. Required. Attachments: None. 106 of 129 Back to Agenda 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 7A Subject: Adoption of an Ordinance Setting the Amount of Property Tax to be Levied for Year 2023 Pursuant to RCW 84.55.120 Meeting Date: October 25, 2022 Prepared by: Noah D. Crocker Finance Director Atty Routing No: 366922-0007 - Finance Atty Review Date: October 13, 2022 Summary: On October 25, 2022, the City Council held a public hearing on revenue sources for the current expense (general fund) budget. The hearing included a presentation and discussion on property tax considered for collection in 2023. Below is a comparison of next year's levy amount to this year's levy amount. 2022 Levy Amount $ 3,041,366 0.48554 % increase $ 14,767 New Construction $ 114,655 Annexation $ - Utilite s $ 1000 Total Taxes $ 3,180,788 Refunds $ 11,605 Total Taxes $3,192,393 2023 Levy Amount $ 3,182,909 0.63175 % increase $ 20,108 New Construction $ 196,081 Annexation $ - Utilite s $ 10,000 Total Taxes $ 3,409,098 Refunds $ 12,093 Total Taxes $3,421,191 State law (RCW 84.52.043) establishes maximum levy rates for the various types of taxing districts (the state, counties, cities and towns, fire districts, library districts and the like). Total City of Port Orchard 2023 property tax amount is estimated to be $3,421,191 based upon an estimated $1.109952 per thousand of current total assessed value of $3,062,383,164. The 2023 amount is estimated until the final levy calculation is completed by the Kitsap County Assessor. Pursuant to RCW 84.55.120 the City Council is required to adopt a separate ordinance specifically authorizing an increase in the regular property tax levy in terms of both dollars and percentage increase from the previous year's levy. By this Ordinance, the City Council would authorize an increase of $20,108 which is a 0.63175% increase from the previous year. 107 of 129 Back to Agenda 'port 7A rage 2 of 2 Recommendation: Council Finance Committee recommends approval of the Ordinance. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an Ordinance setting the 2023 property tax levy and the amount of property taxes to be raised for the budget year of 2023. Fiscal Impact: Property tax collection will be budgeted within the Current Expense Fund No. 001 and Street Fund No. 002. Alternatives: Do not approve and provide alternative guidance Attachment: Ordinance 108 of 129 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, SETTING THE AMOUNT OF PROPERTY TAXES TO BE LEVIED FOR THE YEAR 2023 PURSUANT TO RCW 84.55.120; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Port Orchard (taxing district #8710) has met and considered its budget for the calendar year 2023; and WHEREAS, the City's actual levy amount from the previous year was $3,182,909; and WHEREAS, the population of the City is more than 10,000; and WHEREAS, on October 25, 2022, the City Council held a duly -noticed public hearing to consider revenue sources for the City's 2023-2024 budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: An increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2023 tax year. SECTION 2: The dollar amount of the increase over the actual levy amount from the previous year shall be $20,108 which is a percentage increase of 0.63175% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, solar, biomass, and geothermal facilities, and any increase in the value of state assessed property, any annexations that have occurred and refunds made. SECTION 3. 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 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION S. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. 109 of 129 Back to Agenda — rage z of 2 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 251" day of October 2022. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk John Clauson, Councilmember APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: `rl.am City of Port Orchard Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: October 25, 2022 Subject: Adoption of a Resolution Authorizing Prepared by: Charlotte Archer Purchase of Kitsap County Tax Parcel No. City Attorney 4650-011-001-0001 for Stormwater Facilities Atty Routing No.: 366922-0009 — PW Atty Review Date: N/A Summary: The City of Port Orchard Comprehensive Plan acknowledges the City's intent to construct The South Sydney Neighborhood Regional Drainage Improvement Plan (project #11) (the "Project") to address stormwater issues presented in that area. Staff and the property owners of a parcel of vacant land located at the end of Sherman Avenue, Kitsap County Tax Parcel No. 4650-011-001-0001 (the "Property") to enable the City to construct the Project. Staff and the property owners have negotiated a purchase and sale agreement for the Property, subject to a requested Boundary Line Adjustment by the seller that will impact the boundaries of the Property. Staff anticipates the seller will submit the Boundary Line Adjustment application in the next few weeks, provided the completion of the Boundary Line Adjustment is a condition precedent to the sale occurring. Recommendation: Staff recommends the City Council authorize the purchase of Kitsap County Tax Parcel No. 4650-011-001-0001, and authorize the Mayor to execute all necessary documents to effectuate the purchase. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the purchase of Kitsap County Tax Parcel No. 4650-011- 001-0001, and authorize the Mayor to execute all necessary documents to effectuate the purchase." Fiscal Impact: This purchase is not included in the current budget; a budget amendment will be required. Alternatives: Do not approve and provide alternative guidance. Attachments: The Resolution contains the proposed sale price, and will be sent under privilege by the City Attorney. 111 of 129 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 7C Approval of an Amendment to the Letter of Agreement with Teamsters Local 589 Regarding Limited Term Assignment Non - Union Work Back to Agenda Meeting Date: October 25, 2022 Prepared by: Debbie Lund HR Manager Atty Routing No.: 366922-0008 — HR Atty Review Date: 10/19/2022 Summary: In January 2022, the City Council approved a Letter of Agreement (LOA) with Teamsters Local 589 to permit the part-time Court Clerk to work an additional 20 hours in a non -union assignment to assist the City's Department of Community Development (DCD). The employee has helped DCD catch up on a backlog of work and, simultaneously, the activity in Municipal Court is increasing. Due to the increased activity in the Court, the Court has requested that the Court Clerk increase her weekly hours for the Municipal Court, thereby decreasing her weekly hours in DCD. DCD has agreed to permit this decrease in hours for the remainder of the calendar year. The proposed amendment to the LOA would document this change in allocated hours. Recommendation: Staff recommends the City Council authorize the Mayor to sign an Amendment to the Letter of Agreement with Teamsters Local No. 589 representing Municipal Court Employees related to the hours worked during a limited term assignment. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign an Amendment to the Letter of Agreement with Teamsters Local Number 589 representing Municipal Court Employees relating to the hours worked during a limited term assignment." Fiscal Impact: Expenses covered by projected revenues and will be provided for in 2021-2022 budget. Alternatives: Do not approve the LOA and provide alternative guidance. Attachments: The LOA under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached. 112 of 129 Agenda Item No City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7D Agenda Staff Report Subject: Approval of Road Closures for a Special Event: Festival of Chimes and Lights Back to Agenda Meeting Date Prepared by Atty Routing No: Atty Review Date October 25, 2022 Brandy Wallace, MMC City Clerk N/A N/A Summary: City staff received a Special Event application for the Festival of Chimes and Lights scheduled for Saturday, December 3, 2022. The application state's the following: EVENT: Festival of Chimes and Lights TYPE: Festival DATE: Saturday, December 3, 2022 TIME: Setup starts at 1:00 p.m., open to the public at 3:00 p.m. until 7:30 p.m., teardown to be completed by 8:00 p.m. LOCATION: SR166/Bay Street from Kitsap to Sidney, City Hall, and at the Port of Bremerton gazebo. CLOSURE(S) SR166/Bay Street from Kitsap to Sidney, Frederick Avenue, Robert Geiger, and Parking Lot 1 (Kitsap Bank parking lot), Lot 2 (Port of Bremerton marina parking), Lot 3 (behind Kitsap Regional Library/Peninsula BevCo), and Lot 4 (Behind Peninsula Feed/Port of Bremerton gazebo). 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. In addition, the required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life has been published and to -date, the City has received no comments of concerns regarding this event taking place. Lasty, staff and outside agencies have reviewed the application and are working towards ensuring safety measures are in place. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application upon the event meeting the required and necessary public safety and traffic control provisions. 113 of 129 Back to Agenda s Item 7D rage 2 of 2 Motion for consideration: I move to approve the road closures identified in the application for the Festival of Chimes and Lights event taking place on Saturday, December 3, 2022, as presented. Fiscal Impact: None. Alternatives: Deny the road closures and provide direction to staff. Attachments: Application, including traffic flow map. 114 of 129 Back to Agenda ORCHARD SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 ADDITIONAL EXPEDITED FEE (LESS THAN 90 BUT MORE THAN 30 DAYS BEFORE EVENT): $50.00 Event Overview Name of event:2022 Festival of Chimes and Lights - Scottish Christmas Location of event: Downtown Port Orchard and along the waterfront Type of Event: ✓ estival Nalk/Run arad I Ivend or Fair lock Party ther: Event or Organization Website: portorchard.wa.gov Description of event: Annual kickoff to the holiday season. This will be a live, free event with choirs, marching band, non -profits offering food and beverages, photos with Santa, lighted boats, tree decorating contest. and coordination with local organizations with holiday li hts and decor ion Admission Fees: Does your event require a paid fee for participants and/or spectators? Does your event require minimum or suggested donation for participants and/or spectators? Admission/participation fee/ suggest donations amount(s): N/A Event Details Set Up Starts: Take Down Complete: Start Day: Start Date: Start Time: End Day: End Date: End Time: Saturday 12/3/2022 1:00pm Saturday 12/3/2022 18:00prn Event Dates/Times: Indicate Dates/Times OPEN to attendees Expected Daily Attendance: Participants Spectators volunteers/staff Day: Date: Start Time: End Time: 1,000 1,500 30 Saturday 12/3/2022 3:00pm 7:30pm Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Additional details: (attach additional pages as needed for additional days or details) Please see attached page for more information. City of Port Orchard I Special Event Application Revised 3/1/2022 Page 3 of 10 115 of 129 Organization Information* Back to Agenda Name of Organization: City of Port Orchard Do you have an active City Business License? es ❑ What is your UBI number? N/A Point of Contact Name: Brandy Wallace Street Address- 216 Prospect Street Mailing Address: (if different from street address) Same City: Port Orchard State: WA Zip: 98366 City: State: Zip: Phone: 360-876-4407 Alternate Phone: 360-876-7030 Email: bwallace@portorchard.wa.gov *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:/Iicb.wa.gov/ for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event?❑Yes* Zko *If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit. Visit their website at https.11kitsmpublichealth.orgZFoiidSofetvlfood vendors.h or call (360) 728-2235 for information. Will your event have any food service and/or sales?�tles r ----Vo If es how man 4 Will your event have professional catering? Des Will your event have food trucks? ❑Yes Will your event have food booths or food vendors? Des Restrooms Y / Y• FNo If yes, how many: F1/1No If yes, how many: VIVo If yes, how many: Prove the number of restrooms that will be available to the public for your event: Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets Up to 240 3 250 to 499 4 500 to 900 6 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 City of Port Orchard I Special Event Application Revised 31112022 Page 4 of 10 116 of 129 Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle 8 Garbage 12 Back to Agenda Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self-Haul:ZYesuNo List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: City will provide this service as well as other businesses participating in the event. Amplified Sound Does your event have any amplified sound? Yes❑No Indicate dates/time of any amplified sound below: 1 Day: Date: Start Time: End Time: Saturday 12/3/2022 3:00pm 7:30pm Day: Date: Start Time: End Time: Day: I Date: I Start Time: I End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): Christmas music from Gordon Sound from 3pm to 7:30pm. Announcements in front of City Hall estimated around 5:00pm. Choirs singing in front of City Hall estimated around 5:00pm. Describe what equipment will be used for amplified sound, and at what locations (show in maps): Sound system provided by Gordon Sound. Speakers, microphones, keyboard, and CD player. Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Sound coming from City Hall on Bay Street towards Bay Street and boat launch area. Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. Tents Does your event include a tent or membrane structure? W]Yes ❑No[:]Vot Applicable es, what is the tent size: 10X10 If Does the tent have sides ❑Yes y ,/ N Not applicable May be required to obtain a permit per POMC 20.204.010 please contact Community Development (360) 874-5533. City of Port Orchard I Special Event Application Revised 3/112022 Page 5 of 10 117 of 129 Back to Agenda Use of City Right -of -Way and Parking Impacts Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? WlYes ❑No For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDOT's online application is located at: htt s: Iwww,wsdot.walga_vlc_ontactleventslspecial-events Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property? 10Yes ❑ No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): ❑ City Parks: ❑Van Zee Park Paul Powers Park Parking Lots: Oot 1: between Orchard and Frederick streets on the north side of Bay Street Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. ❑Sidewalks: McCormick Village Park ❑Central Park ❑l.ot 3: five rows of parking west of Harrison Ave and east of and parallel to the library ❑ Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park D-tta Turner Park Divens Park ❑Lot 5: all parking on City Hall property in front of the Police department ❑Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection [—]Rockwell Park of 7: all parking spaced ocated on the library property which is limited to library staff only ❑Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. ZlStreet(s) if requesting street closure, fill out the closure information below and provide a traffic control plan of the area impacted. Bay Street from Kitsap Street to Harrison Avenue Traffic Control Plan: Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified flaggers: To be determined upon approval of City Council. City of Port Orchard I Special Event Application Revised 31112022 Page 6 of 10 118 of 129 Street Closure Details: Back to Agenda Street Name: Between (cross street): And (cross street): Start Date: 12/3/2022 Start Time: 1:30pm End Date: 12/3/2022 End Time: 7:30pm Bay Street Kitsap Street Harrison Avenue Frederick Avenue Prospect Street Bay Street Bay Street 12/3/2022 1:30pm 12/3/2022 7:30pm Frederick Avenue Fwaterfront 12/3/2022 1:30pm 12/3/2022 7:30pm Additional details: (attach additional pages as needed for more streets and/or more details about use.) Robert Geiger between Prospect Street and Bay Street on 12/3/2022 from 1:30pm to 7:30pm Orchard Avenue between Bay Street and waterfront on 12/3/2022 from 1:30pm to 7:30pm Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? Yes ❑No ❑Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? Will post on City website, calendar, public notices and social media. Event Signage Are you planning to put up temporary signs?Yes FI/]No POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Vendors Does your event indicate vendors?zYes DO If so, will they be selling merchandise and/ or food?❑fes 17No If so, how many anticipated exhibitors/vendors will be at your event? 5 POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the City of Port Orchard I Special Event Application Revised 31112022 Page 7 of 10 119 of 129 sponsor of the master event shall provide a list of participating vendors, their business names, . - - rte Tax Revenue Identification Numbers to the city clerk within three working days after the first 1 Back t0 Agenda • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. ■ Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. Site Map A site map is required to be submitted which includes the following: Vendors: Il Yes ❑ No F7 Not applicable Beer Garden: ❑ Yes ❑ No I _/1 Not applicable Signage: Yes ❑ No F1071 Not applicable Tents: Yes ❑ No ❑ Not applicable Public entrances and exits: Fv(1 Yes ❑ No ❑ Not applicable Road closures and detours: ZYes ❑ No ❑ Not applicable Traffic patterns: Z1 es ❑ No I Not applicable Fire Lanes: ZYes ❑ No Not applicable Garbage/Recycling: Z1 es ❑ No ❑ Not applicable Barricades: - Yes ❑ No u Not applicable First Aid: ❑ Yes ❑ No F7 Not applicable Parking: ❑ Yes ❑ No F7 Not applicable Restrooms: Yes ❑ No Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No Not applicable City of Port Orchard I Special Event Application Revised 31112022 Page 8of10 120 of 129 Back to Agenda Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternat*fonal.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 and is subject to public disclosure laws in Chapter 42.56 RCW. I, as the President or Chair of my organization, agree to the terms and conditions listed above. Signature of President/C r o rganization Print Name Date Comments received by: Date final review sent: FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received: Does event require a Master Multi -Vendor License: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee Number of days: Amount: Date fee paid: City of Port Orchard I Special Event Application Revised 31112022 Page 9 of 10 121 of 129 Back to Agenda 2022 Festival of Chimes and Lights Supplemental Page Additional details The largest crowds are expected to be from 4:30pm to 6:00pm in front of City Hall on Bay Street and in the Port of Bremerton parking lot. Expected crowd to be 1,500. This is during the tree lighting ceremony, choirs, and public announcements. Large crowds are expected to be from 5:45pm to 7:00pm at the Port of Bremerton Gazebo and Parking Lots. Expected crowd to be 500. This is for phots with Santa and Ms. Claus at the Gazebo. Large crowds are also expected to be viewing the lighted boats at the Port of Bremerton Marina. Expected, staggard crowds estimated around 1,000 to be from around 4pm to 7:30pm. More garbage and/or recycle cans be provided if needed. Porta potties will be located in the Port of Bremerton boat launch parking lot and in the Kitsap Bank parking lot. There are 3 toilet stall and one urinal at the Marina Park and 2 stalls at the boat launch. Santa meets up with the firetruck in the boat launch parking lot, then pulls out. The band marches ahead of Santa. Prior to Covid, they all proceeded to the Gazebo at Waterfront Park. This year we are planning on more of a presence at the park, so it seems likely they will again go all the way to the park. Santa greets children at the park near the sleigh under the Gazebo. 122 of 129 Back to Agenda 'Q Blink Charging Slat ion CantAnd Company Port Orchimij Bank© I' 9 Foot Ferry dock Port Orchard Ir Public Merkel rl I CroseFlt NXNW t� '►"9 Chermelne's Garden Port Orchard 7-Eleven Q s} ' Gate Flowers and Gifts Farmers Market The Coffee Oasis Q to I' I �31I1i (/} t!1 Bay St Cafe 'Mao'llllle Mualt 9 . © Veterans Living History Museum The Brick House Olyplc Blk ala % 1 Bar and Grill ® 166 T Q74 Gazebo Florist & Gifts 9 WNWiLane Bead it etc© Thai Charlie s K�l4t�„yi�� VIslllnf AT,902 Ao Sugardaddy's Salon 9 Q ll c+,•IItJ Boat l Launch Ramp arSi 23c6 PrgSpeCt slrapl Dragonfly Cinema Sidney Museum Prospect Alley Prospect Allay Prospect Alley �dankls r 9 Casey g Casey Lawyers Port Orchard 9 Metal 8 HH United Methodist y Marie -Luce Enterprises ;hington 9 , 9 m the Arts Kllssp st 1(� Kheap at Khsap St Kn.p St Kltsap St Road Closures — Bay Street from Kitsap Street to Harrison Avenue. Frederick Avenue. Robert Geiger. ASound System — in frortt of City Hall on grassy area Santa and Sleigh — Port of Bremerton Gazebo Parking lot closures Ports Potties 123 of 129 Back to Agenda Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of October 11, 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 Deputy City Clerk as follows: Councilmember Lucarelli Present Councilmember Chang Present Councilmember Clauson Absent Councilmember Cucciardi Present Councilmember Diener Absent Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Lang, HR Manager Lund, City Attorney Archer, Police Chief M. Brown, and Deputy City Clerk Floyd. Attending via Zoom: Utilities Manager J. Brown and Community Development Director Bond. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 00:39) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 01:13) MOTION: By Councilmember Trenary, seconded by Councilmember Rosapepe, to add the excusal of Councilmember Diener for personal reasons and Councilmember Clauson for business reasons. The motion carried. MOTION: By Councilmember Rosapepe, seconded by Councilmember Trenary, approve the agenda as amended. The motion carried. 125 of 129 Back to Agenda 2022 PaRe2of5 3. CITIZENS COMMENTS (Time Stamp: 02:28) There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 02:56) A. Approval of Voucher Nos. 84809 through 84813 and 84820 through 84846 including bank drafts in the amount of $618,227.53 and EFTS in the amount of $293,701.95 totaling $911,929.48. B. Approval of Payroll Check Nos. 84814 through 84819 including bank drafts and EFT's in the amount of $224,204.07 and Direct Deposits in the amount of $215,987.47 totaling $440,191.24. C. Approval of the September 20, 2022, City Council Work Study Session Meeting Minutes MOTION: By Councilmember Cucciardi, seconded by Councilmember Rosapepe, to approve the consent agenda. The motion carried. 5. PRESENTATION A. Police Commissions (Time Stamp: 03:20) Police Chief Brown introduced Police Officer Alexis Sartor and Deputy Police Chief Dan Schoonmaker who then both took their Oath of Office. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of Resolution Amending the City's Policies and Procedures for Processing Public Records Requests to Incorporate Body Worn Camera Video Processing (Time Stamp 09:25) MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary, to adopt a resolution amending the City's Policies and Procedures for Processing Public Records Requests to include procedures for processing Body Worn Camera recordings and establishing associated fees. The motion moved. (Resolution No. 102-22) B. Adoption of a Resolution Approving a Contract with Parametrix, Inc. for the Sewer Lift Station Controls Upgrade Project (Time Stamp: 14:34) MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt Resolution No. 098-22, approving Contract No. C112-22 with Parametrix, Inc. for the Sewer Lift Station Controls .. am, Back to Agenda 2022 PaRe3of5 Upgrades Project in an amount not to exceed $195,220, and documenting the Professional Services procurement procedures. The motion carried. C. Adoption of a Resolution Authoring an Intergovernmental Cooperative Purchasing Agreement with the Arizona Department of Administration (Time Stamp: 19:25) MOTION: By Councilmember Trenary, seconded by Councilmember Cucciardi, to adopt a Resolution authorizing the City of Port Orchard to enter into an Interlocal Purchasing Agreement with the Arizona Department of Administration. The motion carried. (Resolution No. 103-22 and Contract No. 115-22) D. Adoption of a Resolution Authorizing the Payment of Relocation Benefits for Venture Charters, Inc., for the Bay Street Pedestrian Pathway Project (Time Stamp 24:18) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to authorize the payment of $7,743.84 for eligible relocation moving expenses for Venture Charters, Inc, as part of the Bay Street Pedestrian Pathway Project. The motion carried. (Resolution No. 104-22) E. Adoption of a Resolution Authorizing a Purchase with LN Curtis for Twenty-five Sets of Forced Entry Tools (Time Stamp 28:24) MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt a resolution authorizing the purchase of twenty-five (25) sets of forced entry tools from LN Curtis, for a total purchase price of $12,507.49 (applicable tax and shipping included). The motion carried. (Resolution No. 105-22) F. Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 12, Phase 2 (Time Stamp 33:08) MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt a resolution, as presented, granting final plat approval for McCormick West, Division 12, Phase 2. The motion carried. (Resolution No. 106-22) 127 of 129 Back to Agenda 2022 Page 4 of 5 G. Approval of an Agreement with the Police Guild Representing Patrol Officers Regarding Calculation of Overtime (Time Stamp 37:24) MOTION: By Councilmember Trenary, seconded by Councilmember Rosapepe, to authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing the Patrol Officer Employees regarding calculation of overtime. The motion carried. (Amendment No. 1 to Contract No. 086-22) H. Approval of an Agreement with the Police Guild Representing Patrol Officers Regarding Recruitment Incentives for New Employees Hired as Lateral Peace Officers (Time Stamp 39:27) MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing the Patrol Officer Employees regarding recruitment incentives for Lateral Peace Officers. The motion carried. (Amendment No. 2 to Contract No. 086-22) 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 47:10) Councilmember Lucarelli reported on the October 111n Utilities Committee meeting. Mayor Putaansuu reported Economic Development and Tourism Committee is scheduled to meet October 17tn. The Finance Committee is scheduled to meet October 181n. The Transportation Committee is scheduled to meet October 251n. The Festival of Chimes and Lights Committee is scheduled to meet October 171n. The Land Use Committee is scheduled to meet October 191n Councilmember Cucciardi reported the Lodging Tax Advisory Committee is scheduled to meet October 24tn 10. REPORT OF MAYOR (Time Stamp: 50:53) The Mayor reported on the following: • KRCC Legislative Reception; • City's YouTube channel; 128 of 129 Back to Agenda 2022 PaRe5of5 • In compliance with Resolution 007-11 'Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures', he reported on changes to the whistleblower and police records policies; • In compliance with Ordinance 008-20 "Delegating Authority to the Mayor for Creating and Modification of Job Descriptions' he reported on updated job descriptions for the Code Enforcement Officer and Lead Court Clerk; and • Read minutes of City Council meetings from 1972, 1947 and 1927. 11. REPORT OF DEPARTMENT HEADS (Time Stamp: 54:20) Public Works Director Lang reported on skid steer and crack sealing. Police Brown reported on body worn camera training and commended police staff on taking a college level course for Command Leadership Series on their own time. 12. EXECUTIVE SESSION There was no executive session. 13. CITY COUNCIL GOOD OF THE ORDER (Time Stamp: 58:39) Councilmember Rosapepe reminded everyone to get their flu vaccine and appreciates the good driving of City staff in City vehicles. 14. CITIZEN COMMENTS (Time Stamp: 59:30) There were no citizen comments. 15. ADJOURNMENT The meeting adjourned at 7:27 pm. No other action was taken. Audio/Visual was successful. Jenine Floyd, CMC, Deputy City Clerk Robert Putaansuu, Mayor 129 of 129