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11/08/2022 - 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 November 8, 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 Link: https://us02web.zoom.us/J/88678194438 Zoom Meeting ID: 886 7819 4438 Zoom Call -In: 1 253 215 8782 Fred Chang Economic Development& Tourism Committee Guiding Principles Land Use Committee . Are we raising the bar? Transportation Committee . Are we honoring the past, but not living in the past? Jay Rosa pepe Finance Committee, • Are we building connections with outside partners? Land Use Committee . Is the decision -making process positively impacting diversity, equity, and KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, Inclusion? John Clauson Finance Committee, Chair 1. CALL TO ORDER 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 cityhall@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. ADDroval of Amendment No. 2 to Contract # 016-21 with LaCross & Murphy, PLLC for Public Defender Services (Archer) Page 4 D. Adoption of a Resolution Declaring Certain Personal Property as Surplus and Authorizing its Disposition Thereof (Wallace) Page 30 E. Approval of the October 18, 2022, City Council Work Study Meeting Minutes Page 34 F. Approval of the October 25, 2022, City Council Meeting Minutes Page 37 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving a Contract with the Washington State Department of Transportation for the 2022 City Safety Program for Systematic Safety Street Lighting Improvements (Lang) Page 43 B. Adoption of a Resolution Approving a Contract with Commonstreet Consulting, LLC for On Call Right of Way Services (Lang) Page 50 C. Adoption of a Resolution Approving the Lodging Tax Committee 2023 Funding Allocations (Wallace) Page 70 D. Approval of a Memorandum of Understanding with the Police Guild Patrol Representing Patrol Officers Relating to Vacation Leave (Lund) Page 76 E. Approval of a Memorandum of Understanding with the Police Guild Representing Sergeants Relating to Vacation Leave (Lund) Page 77 8. DISCUSSION ITEMS (No Action to be Taken) A. 2023/2024 Biennial Budget (Crocker) B. Shoreline Restoration Related to the Community Center (Mayor) Page 78 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Finance Transportation Festival of Chimes & Lights Date & Time ------------------------ November 21, 2022; 9:30am TBD ------------------ November 15, 2022; 5:00pm November 22, 2022; 4:30pm; 4th Tuesday of each month November 21, 2022; 3:30pm Location Remote Access Remote Access Remote Access �-------------- Remote Access Remote Access Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at www.portorchardAg.gov or by contacting the City Clerk's office at (360) 876-4407. November 8, 2022, Meeting Agenda Page 2 of 3 Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees November 16, 2022; 4:30pm TBD November 8, 2022; 5:00pm Varies Remote Access City Hall Remote 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.portorchardAg.gov or by contacting the City Clerk's office at (360) 876-4407. November 8, 2022, Meeting Agenda Page 3 of 3 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: Subject: Approval of Amendment No. 2 to Contract Prepared by: No. 016-21 with LaCross & Murphy, PLLC for Public Defender Services Atty Routing No.: Atty Review Date: November 8, 2022 Charlotte Archer City Attorney 366922-10 N/A Summary: Ordinance No. 023-14, establishes Chapter 9.09 Public Defense Services in the Port Orchard Municipal Code in compliance with State law and Washington Supreme Court standards for public defense. The City currently contracts with LaCross & Murphy, PLLC for public defense services, set to expire at the end of 2023. Historically, if there is a conflict of interest between the indigent defendant and the public defense firm, the Court Administrator would identify and the Judge would appoint a qualified attorney to provide public defense services to the indigent defendant. Recently, the Washington State Supreme Court amended General Rule 42, which modifies this practice: the Judge may appoint qualified attorneys to serve as conflict counsel from an independently established list of qualified attorneys, but only if there is no public defense agency or administrator. The City maintains a contract public defense law firm, and the City has approached the firm to take over the role of identifying conflict counsel from an independently established list of qualified conflict attorneys. LaCross & Murphy has agreed to take this task on as part of their contract with the City, and by this amendment this task would be incorporated into the contract. Relationship to Comprehensive Plan: None. Recommendation: Staff recommends approving the amendment to the contract, as presented. Motion for consideration: "I move to approve Amendment No. 2 to Contract No. 016-21 with LaCross & Murphy, PLLC, and authorize the Mayor to execute the amended agreement as presented." Fiscal Impact: None. Alternatives: Do not approve and provide direction to staff. Attachments: Amendment No. 2, and courtesy copies of original contract and amendment no. 1 Page 4 of 78 SECOND AMENDMENT TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE This SECOND AMENDMENT TO THE CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE ("Second Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and LaCross & Murphy, PLLC, a Washington professional limited liability company ("Public Defender"). City and Public Defender are each a "Party" and together the "Parties" to this Second Amendment. The Parties hereby agree as follows: RECITALS: A. The City and Public Defender entered into an agreement on January 1, 2021 for the purposes of having Public Defender provide public defense legal services to defendants being prosecuted by City ("Agreement"); and B. In August 2021, the Parties executed Amendment No. 1 to the Agreement to update the Scope of Services Exhibit "A" to reflect personnel changes in the Public Defender's firm; and C. In June 2022, the Washington Supreme Court adopted new General Rule 42, which modified the manner in which conflict public defenders are assigned, and the Public Defender has agreed to take on the task of identifying conflict public defenders when the need arises; and D. The City and Public Defender agree that an amendment to the Scope of Services, Exhibit A, is needed to memorialize this modification. SECOND AMENDMENT TO AGREEMENT: 1. Amendment. The Second Paragraph under "Scope of Services" in Exhibit "A" attached to the Agreement is hereby amended to add the following: The Public Defender shall maintain a list of outside attorneys who meet the Washington State Supreme Court's Standards for Indigent Defense to be assigned as conflict counsel if a conflict of interest precludes the Public Defender from representing a defendant. If a conflict of interest exists precluding the Public Defender from representing a defendant, the Public Defender shall select a qualified attorney, on a rotating basis, from the list the Public Defender maintains for such purpose, and the court shall appoint the selected attorney. Page 5 of 78 Conflict counsel appointed in this manner are authorized to appear on behalf of the Public Defender absent prior written consent of the City. 2. Severability. The provisions of this Second Amendment are declared to be severable. If any provision of this Second Amendment is for any reasons held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 3. Entire Agreement. The written provisions and terms of this Second Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Second Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, and this Second Amendment. Should any language in any of the Exhibits to the Agreement conflict with any language contained in this First Amendment, then this Second Amendment shall prevail. Except as modified by this Second Amendment, all other provisions of the original Agreement not inconsistent with this Second Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective upon mutual execution, as set out below. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor Dated: ATTEST/AUTHENTICATED : Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney LaCross & Murphy Signature Dated: Printed Name and Title Page 6 of 78 Back to Agenda Contract No. 016-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE THIS AGREEMENT is made effective as of the Is' of January 2021, 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 RobertPutaansuu Phone: 360.876.4407 Fax: 360.895.9029 and LaCross & Murphy, P LLC, a limited liability corporation, organized under the laws of the State of Washington, doing business at: LaCross & Murphy, PLLC ("PUBLIC DEFENDER") 559 Bay Street Port Orchard, WA 98366 Contact: Jacob Murphy - Phone:360-895-1555 Fax: 360-895-1554 for the provision of legal services to serve as designated Public Defender for the City of Port Orchard, serving the Port Orchard Municipal Court. This contract replaces and supersedes the previous contract with Public Defender dated July 1, 2015. Section 1. Purpose. The purpose of this Agreement is to ensure that the City receives professional services from the Attorney in an effective, • timely and cost efficient manner while ensuring that the Attorney is appropriately and fairly compensated for services rendered. Section 2. Scope of Service. A. Public Defender shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A," in full compliance with Port Orchard Municipal Code Chapter 9.09, Public Defense Services, the Washington State ' Supreme Court Standards for Indigent Defense (CrLJ 3.1 Standards), and the Washington State Bar Association Standards for Indigent Services, requirements of which are incorporated into this Agreement by reference as if fuI1y set forth herein. The services performed by the public defender shall not exceed the Scope of Work without prior written authorization from the City. ' Page 7 of 78 Back to Agenda 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. ; C. As set forth in Exhibit A, the Public Defender shall provide the City with reports and documents related to this Agreement. D. Within thirty (30) days of receiving notice of award of this Agreement and on an annual basis thereafter, Public Defender shall submit the Public Defender Certification Form, which is attached hereto as Exhibit B, to the -City Clerk attesting that the Public Defender and any other attorneys who perform services for the City comply with all of the standards identified in Section 1(A) above, and requirements of this Agreement. Section 3. Schedule of Work/Term. A. The term of this Agreement shall be for two (2) years, PROVIDED, HOWEVER, that absent an agreement being entered by the City with another lawyer or law firm, the Public Defender shall remain as attorney of record on all cases to which the Public Defender has been appointed until the., court's jurisdiction is terminated by the Court, unless withdrawal is permitted by the Court, as may be required by the Rules of Professional Conduct. Such representation shall continue beyond the term of this Agreement. and all provisions of this Agreement shall continue to apply to services performed. -B. The Agreement will be automatically renewed for two-year periods.without action being taken by either party, unless .terminated or suspended as provided in Section.6 herein. Section 4. Compensation. Compensation for these services shall be as set forth in Exhibit C, attached hereto and incorporated herein by this reference. Although payment is made at a flat monthly rate, it is understood by all parties that compensation shall be for all services rendered and all appointments made by the court in each calendar month. Upon acceptance of payment, the Public Defender will be deemed fully compensated for representation on cases appointed during the calendar month, and shall be obligated to complete his/her duties to each client under the Scope of Work (Exhibit A), so long as the Public Defender is attorney of record, without additional compensation. Section 5. Independent Contractor Status. It is expressly understood and agreed that Public Defender, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of the City. No agent, employee or representative of the Public Defender shall be or shall be deemed to be the employee, agent or representative of the Page 8 of 78 Back to Agenda City. The parties agree that the Public Defender has the ability to control and direct the performance and details of his work, the City being interested only in the results obtained. 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 or representatives of the Public Defender. The Public Defender will be solely and entirely responsible for its acts and for the acts of its agents, employees and representatives during the performance of this Agreement. Section 6. Billings. A. Public Defender 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 within sixty (60) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Public Defender 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. Public Defender shall keep cost records and accounting, 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 Public Defender 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 Public Defender's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Public Defender under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. Section 7. Discrimination and Compliance with Laws A. Public Defender 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. The Public Defender agrees to comply with all federal, state and municipal laws, rules and,regulations that are now effective or become applicable within the terms of this Agreement to the Public Defender's business, equipment and personnel engaged in activities covered by this Agreement or accruing out of the performance of such activities. Page 9 of 78 Back to Agenda C. Public Defender shall obtain a City of Port Orchard business license prior to commencing services under this Agreement, or within thirty (30) days of notice of award of the Agreement to the Public Defender, whichever occurs first. D. Under no circumstances will Public Defender transport by vehicle, or any other mode of transportation, any persons he/she represents as Public Defender, under the terms of this Agreement. Should Public Defender transport any person in violation of this provision, Public Defender assumes all risk and liability and shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all -claims, injuries, damages, losses or suits, including attorneys' fees and costs, arising out, of or resulting from the � transport of such persons. This section shall survive expiration of this Agreement. E. Violation of this Section 7 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. Section 8. Suspension and Termination of Agreement -A. Termination without cause. This Agreement may be terminated by either party with or;without cause by providing one -hundred twenty (120) days' written notice to the other party at the addresses set forth in Section 15. B. Termination with cause. The Agreement may be terminated ' for "good cause." Good cause shall include the failure of the Public Defender to render adequate representation to clients, the willful disregard of the rights and best interests of the client, and the willful disregard of the applicable standards described herein. . Termination may also occur for violation of the express terms of this Agreement, provided that the Public. Defender shall be provided reasonable opportunity, following notice, to cure any technical violations of this Agreement that do not impair the provision of quality reoresentatiori to the indigent client. C. Rights Upon Termination. 1. Without or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material of Public Defender prepared pursuant to this Agreement shall be submitted to City, and Public Defender 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. Public Defender shall not be entitled to any reallocation of cost, profit' or overhead. Public Defender shall not in any event be entitled to anticipated profit on work not performed because 'of such termination. Public Defender shall use its best efforts to minimize -the, compensation payable under this Agreement in the event of such termination. 4of15 Page 10 of 78 Back to Agenda 2. Default. If the Agreement is terminated for default, the Public Defender 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 Public Defender. The Public Defender 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. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Public Defender's' reasonable expenses, and shall be subject to verification. The Public. Defender shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Public Defender in person, termination shall be effective immediately upon the Public Defender'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 Public Defender .in writing upon one week's advance notice to Public Defender. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Public Defender at the address ,set forth in Section .15 herein. s F. If, within sixty, (60) days of commencing the services contemplated in this Agreement, the City_ is not satisfied with the work performance of the person assigned by the Public Defender to perform services, the City may terminate this Agreement by providing thirty (30) days' written notice to the Public Defender. Section 9. Standard of Care. Public Defender 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 Public Defender under this agreement will be performed in a mamler consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. Section 10. Ownership of Work Product. All data, materials, reports, memoranda and other documents developed under this Agreement, whether finished or not, shall become the property of the City and shall be forwarded to the. City at its request and may be used by the City as it sees fit. Upori termination of this Agreement pursuant to Section 8 above, all finished or unfinished documents, reports or other material or work of Public Defender prepared - pursuant to this Agreement shall be submitted to the City. The City agrees that if it uses documents prepared by Public Defender for 6 of 15 Page 11 of 78 Back to Agenda purposes other than those intended in this Agreement, that it does so at its sole risk and it agrees to hold Public Defender harmless therefore. Section 11. Performance of Agreement at the Public Defender's Risk. The Public Defender shall take all precautions necessary and shall be responsible for the safety of its employees and agents in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Public Defender's own risk, and the Public Defender shall be responsible for any loss or damage to computers, equipment, or other articles used or held by the Public Defender for use in connection with this Agreement. Section 12. Indemnification. The Public Defender 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, arising out of or resulting from the acts, errors or omissions of the Public Defender, its employees or agents in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. IT IS FURTHER SPECIFICALLY AND EXPRESSLY' UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PUBLIC DEFENDER'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. THE PUBLIC DEFENDER'S WAIVER OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY CLAIMS BY THE PUBLIC DEFENDER'S EMPLOYEES DIRECTLY AGAINST THE PUBLIC DEFENDER. Section 13. Insurance. The Public Defender shall procure and maintain for the duration of the 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 Public_ Defender, its agents, representatives, or employees. A. Minimum Scope of Insurance Public Defender shall obtain insurance of the types described below: I. 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. 6 of 15 Page 12 of 78 Back to Agenda 2. Commercial General Liabilfty 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 Public Defender'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 malpractice insurance (see below). B. Minimum Amounts of Insurance Public Defender 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. Com_mercial General Liability insurance shall. be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 4. 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. 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 Public Defender'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 Public Defender's insurance and shall not contribute with it. 2. The. Public Defender'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 Public Defender. The Public Defenders insurance shall be endorsed acknowledging that the City will not waive their right to subrogation.. The Public Defender's 7 of 15 Page 13 of 78 Back to Agenda 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 Public Defender 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 Public Defender before commencement of the work. Section 14. Assigning or Subcontracting. Public Defender 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 may be withheld in the sole discretion of the City. Section 15. Notice. Any notices required to be given by the City to Public Defender or by Public Defender to the City shall be in writing and delivered to the parties at the following addresses: Brandy Rinearson, City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Phone: 360-876-4407 Pax: 360-895-9029 LaCross & Murphy, PLLC. Attn: Jacob Murphy 559 Bay Street Port Orchard, WA 98366 Phone: 360-895-1555 Section 16. Resolution of Disputes and Governing Law. A. If any dispute arises between the City and the Public Defender under any of the provisions of this Agreement, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. 8 of 15 Page 14 of 78 Back to Agenda B. 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 party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. Section 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 Public Defender. 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 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. E. Conflict of Interest. Public Defender warrants and covenants that Public Defender presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local or federal law or any rule of professional conduct: In the event that any conflict of interest should nevertheless hereinafter arise, Public Defender shall promptly notify the City of the existence of such conflict of interest. F. Time is of the Essence. Public Defender agrees to diligently `prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Page 15 of 78 �Qffk to Agenda G. Confidentiality. Public Defender agrees to maintain in confidence and not disclose to any person, association, or business, without prior written consent of the City, any secret, confidential information, knowledge or data relating to the products, process or operation of the City and/or any of its departments and divisions. Public Defender further agrees to maintain in confidence and not disclose to any person, association, or business any data, information or material developed or obtained by Public Defender during the term of this Agreement. The covenants contained in this paragraph shall survive the termination of this Agreement for whatever cause. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor Date: ATTEST/AUTHENTICATED: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney LaCross & Murphy, PLLC By: Jac Murphy, Managing Member e: r�P��-���. /7 ZGzG Page 16 of 78 Back to Agenda EXHIBIT -A SCOPE OF WORK AND MINR4UM QUALIFICATIONS 1. Each attorney who is proposed to perform services pursuant to this RFP must be a member in good standing with the Washington State Bar Association. No Rule 9 attorneys will be allowed to perform any services under this agreement. 2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years of criminal law experience. The Public Defender may retain the assistance of other qualified attorneys in his or her firm. At all times, the designated Public Defender will properly supervise attorneys having less than 3 years of experience to ensure that defendants charged in the Port Orchard Municipal Court receive competent legal representation. 3. The Public Defender and any attorneys working under the supervision of the Public Defender shall comply with qualifications and training requirements in Section 9.09.070 of the City Municipal Code, including but not limited to, completion of at least seven (7) hours of training approved by the Washington State Office of Public Defense each calendar year. The firm awarded the contract shall be designated Public Defender for the City's Municipal Court, and shall be duly appointed to represent all defendants who are appointed legal counsel by the Port Orchard Municipal Court. The Public Defender will designate Daniel Peet (WSBA 43787) to be the primary attorney assigned to perform these services. Should the designated attorney be unavailable or exceed caseload limitations, the following attorneys will assist the designated primary attorney; David LaCross (WSBA 31417). and Jacob Murphy (WSBA 29818). Should the firm hire additional legal counsel, said counsel shall not be authorized to appear on behalf of the Public Defender absent prior written consent of the City. Representation as the City's Public Defender shall include but not be limited to: 1. Attending all scheduled court appearances. In the event of vacation or illness Public Defender is responsible.for arranging coverage by another qualified attorney. 2. Acting as stand-by counsel available in court -or .by videoconference hearing to all defendants at arraignments and in -custody bail hearings; 3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post - disposition proceedings; and Page 17 of 78 Back to Agenda 4. Representation of criminal defendants on appeals to Superior Court when appropriate. 5. The Public Defender shall consult with defendants prior to pretrial hearings. Appointment as the City's Public Defender will require meetings with defendants at the Public Defender's office or at the Kitsap County Jail. Failure to consult with defendants prior to pretrial shall only be excused for good cause. Examples of "good cause" include: scheduled vacation, illness, extended trials, or when the defendant fails to cooperate with the Public Defender in scheduling a time to consult. 6. Pursuant to CrRLJ 3.1(c)(1)-(2), Public Defender services shall also include providing legal representation to persons wishing to consult with an attorney while in the custody of the Port Orchard Police Department. The City's Public Defender shall ensure that an attorney is available at all times (24 hours a day) to provide legal representation, including evenings, holidays, and weekends. The City's Public Defender shall provide the Port Orchard Police Department with a monthly schedule of attorneys available to receive calls during non -business hours. This schedule shall include the name of the attorney and a designated telephone or cellular phone number. Only attorneys who meet the experience requirements set forth above, and are either a member of the Public Defender's firm or have received prior written approval by the City may be included in the above -described schedule. 7. When a defendant exercises his. or her right to trial, the City's Public Defender shall diligently prepare for trial and ensure that the defendant receives adequate representation. Preparation for trial shall include but not be limited to: interviewing witnesses identified by the City Prosecutor, interviewing witnesses identified by the defendant, review. of police reports and evidence, research legal issues, preparing a witness list on behalf of the defendant, and consultation with the defendant. 8. Absent an agreement -being entered by the City with another lawyer or law firm, the Public Defender shall remain as the attorney of record on all cases to which the Public Defender has been appointed until the court's jurisdiction is terminated' by the Court, unless withdrawal is permitted by the Court as may be required by the Rules of Professional Conduct. 9. if a defendant represented by the City's Public Defender elects to appeal .a conviction to Superior Court, the Public Defender is responsible for timely filing a Notice of Appeal to Superior Court. 10. Services do not extend to forfeiture hearings or hearings with the Department of Licensing. Page 18 of 78 Back to Agenda 11. The City and/or Port Orchard Municipal Court will provide a space for the Public Defender's assigned attorney to consult with clients 12. The Public Defender will cooperate with the City in any efforts to seek grant funding; and will agree that the scope of services may be renegotiated if necessary to fulfill conditions of grant funding. The Public Defender shall comply with caseload and private practice limits specified in Section 9.09.040 of the City Municipal Code. The Public Defender shall not exceed four hundred (400) cases in any calendar period. A case is defined as the filing of a document with the Court naming a person as a defendant or respondent, to which an attorney is appointed in order to provide representation. The Public Defender shall not perform services under any other similar contract which, taken in conjunction with the services to be performed under the contract, would exceed the case count in any calendar year. If the Public Defender is carrying a caseload consisting of cases performed under contract with the City, as well as other criminal cases from other jurisdictions, including a mixed caseload of felonies and misdemeanors, - these standards shall be adjusted proportionally to determine a full caseload. If the contract or assigned counsel also maintains a private law practice, the caseload shall be based upon the percentage of time that the lawyer devotes to public defense with the City. The Public Defender shall provide monthly reports to the Court Administrator. The report shall identify the number and type of cases assigned, attorney hours, case disposition, the case count year-to-date, and cases which the Public Defender has been assigned a higher case count. The Public Defender case tracking and reporting system shall be maintained independently from client files so as to disclose no privileged information. Page 19 of 78 Back to Agenda EXHIBITB PUBLIC DEFENDER CERTIFICATION FORM' STATE OF WASHINGTON [NAME], [WSBA#] FOR THE: [IST,2N°, 3R0, 4TH] CALENDAR QUARTER OF [YEAR] The undersigned attorney hereby certifies: Administrative Filing CERTIFICATION OF APPOINTED COUNSEL OF COMPLIANCE WITH STANDARDS REQUIRED BY CRRLJ 3.1 1. Approximately •% of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that : a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. e. Case Specific Qualifications: I am familiar with the specific case qualifications in Standard 14.2, Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. Signature, WSBA# Date ' Washington State Supreme Court Standards for Indigent Defense (CrRLJ 3.1 Standards) Separate Certification Form Page 20 of 78 Back to Agenda EXHIBIT C- COMPENSATION 1. Compensation shall be paid to Public Defender at a flat rate of $11,255 per month for all services performed by Public Defender in 2021 and $11,650 for 2022. 2. The City will reimburse the Public Defender for the following costs when prior written approval has been given by the Port Orchard Municipal Court Judge for the expenditure of public funds: costs for hiring an investigator, filing fees for Appeals, and costs for verbatim transcripts. All administrative costs, including but not limited to: copies, travel time, mileage, 'facsimiles, legal research, equipment, etc. shall be born by the Public Defender. Any costs not otherwise detailed in this agreement shall be considered administrative costs unless the parties otherwise agree in writing. 3. The Public Defender shall be paid a flat $1,000 for RALJ appeals filed in Superior Court. 4. In the event that the Port Orchard Municipal Court adds additional calendars (i.e. pretrial hearings, in -custody arraignments, probation violations, video arraignments, compliance hearings, status hearings) such that it results in an overall 25% increase above the current average of 20 hours per week that the Public Defender spends in court for aforementioned calendars then either party can, in good faith, request that this contract be renegotiated. 5. Annual compensation shall automatically be adjusted based upon the Consumer Price Index -All Urban Consumers Seattle -Tacoma -Bremerton Area as published by the United States Department of Labor's Bureau of Labor -Statistics (or the successor to such index or if no successor then in any generally accepted index showing the inflation rate, if any, for the United States as a whole)(1982-84 equals 100) for the last month that statistics are published prior to the effective date of the contract. However, the annual adjustment shall not exceed 5% or be less than 2% unless otherwise specifically negotiated between the parties. Page 21 of 78 Back to Agenda MUNICIPAL COURT OF WASHINGTON FORTHE CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: MURPHY, JACOB P, #29818 FOR THE: FOURTH CALENDAR QUARTER OF2020 The undersigned attorney hereby certifies: Administrative Filing Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRLJ 3.1/JuCR 9.2 1. Approximately—q—�:—% of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that; a. Basic Qualifications: I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and juvenile offender caselo ads; effective January 1, 2015 for misdemeanor caseloads: I should not accept a greater numberof cases (or a proportional mixof different case types) than specified in Standard 3.4, prorated if the amountof time spent for Indigent defense is less than full time, and taking into accountthe case counting and weighting system applicable inmy jurisdiction.] e. Qase Specific Qualifications: I am familiar with the specific qualifications in Standard 14.2 Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications forthat case. [Effective 1, 2013) Siffhature, WSBA #29818 Date Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRU 3.1/JuCR.9.2 (Rev. 10-1-2013) Page 22 of 78 MUNICIPAL COURT OF WASHINGTON FOR THE CITY OF PORT ORCHARD, STATE OF WASHINGTON CERTIFICATION BY: DAVID LACROSS, #31417 FOR THE: FOURTH CALENDAR QUARTER OF 2020 The undersigned attorney hereby certifies: Administrative Filing Certification of Appointed Counsel of Compliance with Standards Required by CrR 3.1/CrRLJ 3.1/JuCR 9.2 1. Approximately � G % of my total practice time is devoted to indigent defense cases. 2. lam familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifications; I meet the minimum basic professional qualifications in Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings with clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: 1 have investigators available to me and will use investigative services as appropriate, in compliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and juvenile offender caseloads; effective January 1, 2015 for misdemeanor caseloads: I should not accept a greater numberof cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for indigent defense is less than full time, and taking into account the case counting and weighting system applicable in my jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific qualifications in Standard 1+2 Sections B-K and will not accept appointment in a case as lead counsel unless I meet the qualifications for that case. (Effective 1, 2013) Signature, WSBA #31417T Certification of Appointed Counsel of Compliance with Standards Requl red by CrR 3. 1/CrRL) 3. 1/]uCR.9,2 (Rev. 10-1-2013) Date ' "I Page 23 of 78 Back to Agenda MUNICIPAL, COURT OF WASHINGTON FORTHECITY OFPORT ORCHARD,- Administrative Filing STATE OF WASHINGTON CERTIFICATION BY: - PEET-, DANIEL RYAN, #43787 FOR THE: FOURTH CALENDARQUARTER OF 2020 The undersigned attorney hereby certifies: Certification of Appointed'Counselof Compliance with Standards Required by CrR 3.1/CCRU 3.1/JuCR 9.2 i. Approximately% of my total practice time is devoted to indigent defense cases. 2. I am familiar with the applicable Standards adopted by the Supreme Court for attorneys appointed to represent indigent persons and that: a. Basic Qualifcations: I meet the minimum basic professional qualifications In Standard 14.1. b. Office: I have access to an office that accommodates confidential meetings With clients, and I have a postal address and adequate telephone services to ensure prompt response to client contact, in compliance with Standard 5.2. c. Investigators: I have investigators available to me and will use investigative services as appropriate, incompliance with Standard 6.1. d. Caseload: I will comply with Standard 3.2 during representation of the defendant in my cases. [Effective October 1, 2013 for felony and -Juvenile ofendercaselbads; effective January 1,2015 for misdemeanorcaseloads. I should not accept a greater number of cases (or a proportional mix of different case types) than specified in Standard 3.4, prorated if the amount of time spent for Indigent defense is less. than full time, and taking into account the case counting and weighting system applicable In my jurisdiction.] e. Case Specific Qualifications: I am familiar with the specific qualifications in Standard 14.2 Sections I3-K and will not accept appointment in a case as lead c nsel unless I meet the qualifications forthat case. [Effective 1, 2013] Signature, WSBA #43787 Date CertifIcation ofAppolntedCounsel of Compliance with Standards Required by CrR3.1/CrRU 3.1/JuCR.9.2 (Rev. 1042013) Page 24 of 78 Back to Agenda FIRST AMENDMENT TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE This FIRST AMENDMENT TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENTFOR PUBLIC DEFENSE ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and LaCross & Murphy, PLLC, a Washington professional limited liability company ("Public Defender"). City and Public Defender are each a "Party" and together the "Parties" to this Amendment. The Parties hereby agree as follows: RECITALS: A. The City and Public Defender entered into an agreement on January 1, 2021 for the purposes of having Public Defender provide public defense legal services to defendants being prosecuted by City ("Agreement"). B. Exhibit "A" to the Agreement set forth the Scope of Work and Minimum Qualifications for Public Defender, including requiring the appointed supervising attorney have a minimum of 3 years of criminal law experience and naming the attorneys who would be the primary and assisting attorneys. C. Public Defender is going through personnel changes which means that some of the named attorneys in Exhibit "A" will not be serving City in the future. D. In order to make this change and to allow future personnel changes to occur without the necessity of amending the Agreement, the Agreement and the Scope of Services need updating. FIRST AMENDMENT TO AGREEMENT: 1. The Second Paragraph under "Scope of Services" in Exhibit "A" attached to the Agreement is hereby amended to read as follows: The Public Defender will designate an attorney meeting the Minimum Experience/Qualifications listed above as the Primary Attorney assigned to perform these services. At the time of the execution of this First Amendment to the Agreement, the Primary Attorney is designated as Jacob Murphy (WSBA 29818). The Public Defender will provide City with advanced written notice if another attorney will become the Primary Attorney. City may object to the substitution of a different Primary Attorney, in which case Public Defender will work with City to designate an acceptable Primary Attorney. Public Defender and Primary Attorney may utilize other attorneys who are employed by Public Defender to provide the AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 1 1433126.2-366922 -0010 Page 25 of 78 Back to Agenda services under this Agreement, provided however, that the Primary Attorney will provide guidance and supervision to any other attorney providing services underthis Agreement to ensure that the work performed meets the Standards set forth in Section 2 of the Agreement. Public Defender and Primary Attorney will provide City with advanced written notice as to the names, experience, and WSBA numbers of any other attorneys who will assist the Primary Attorney and will keep City updated by providing additional notice of personnel changes as is applicable. 2. Severability. The provisions of this First Amendment are declared to be severable. If any provision of this First Amendment is for any reasons held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. i.sitim Agreement. The written provisions and terms of this First Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this First Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, and this First Amendment. Should any language in any of the Exhibits to the Agreement conflict with any language contained in this First Amendment, then this First Amendment shall prevail. Except as modified by this First Amendment, all otherprovisions of the original Agreement not inconsistent with this First Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective as of "/" _, 2021. IN WITNESS WHEREOF, the parties have executed this Amendment on this 3e d y of, -,_L� 2021. LaCROSS & MURPHY, PLLC lay' , • , ��� APPROVED AS TO FORM: CITY OF PORT ORCHARD 'I ............... qRT rr i y .� rat � �'�•�"� Its: Mayor u• TOF R '1SENL APPROVED AS O llt 1'NV Charlotte A. Archer AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 2 1433126.2 - 366922 -0010 Page 26 of 78 Back to Agenda Port Orchard City Attorney ATTEST: �Y vu Brandy Rinearson Port Orchard City Clerk AMENDMENT #1 TO CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DEFENSE Page 3 1433126.2-366922.OMO Page 27 of 78 Back to Agenda EXHIBIT -A SCOPE OF WORK AND MINR4UM QUALIFICATIONS 1. Each attorney who is proposed to perform services pursuant to this RFP must be a member in good standing with the Washington State Bar Association. No Rule 9 attorneys will be allowed to perform any services under this agreement. 2. The Public Defender appointed pursuant to this RFP must have a minimum of 3 years of criminal law experience. The Public Defender may retain the assistance of other qualified attorneys in his or her firm. At all times, the designated Public Defender will properly supervise attorneys having less than 3 years of experience to ensure that defendants charged in the Port Orchard Municipal Court receive competent legal representation. 3. The Public Defender and any attorneys working under the supervision of the Public Defender shall comply with qualifications and training requirements in Section 9.09.070 of the City Municipal Code, including but not limited to, completion of at least seven (7) hours of training approved by the Washington State Office of Public Defense each calendar year. The firm awarded the contract shall be designated Public Defender for the City's Municipal Court, and shall be duly appointed to represent all defendants who are appointed legal counsel by the Port Orchard Municipal Court. The Public Defender will designate Daniel Peet (WSBA 43787) to be the primary attorney assigned to perform these services. Should the designated attorney be unavailable or exceed caseload limitations, the following attorneys will assist the designated primary attorney; David LaCross (WSBA 31417). and Jacob Murphy (WSBA 29818). Should the firm hire additional legal counsel, said counsel shall not be authorized to appear on behalf of the Public Defender absent prior written consent of the City. Representation as the City's Public Defender shall include but not be limited to: 1. Attending all scheduled court appearances. In the event of vacation or illness Public Defender is responsible.for arranging coverage by another qualified attorney. 2. Acting as stand-by counsel available in court -or .by videoconference hearing to all defendants at arraignments and in -custody bail hearings; 3. Representation of appointed cases at pre-trial hearings, trials, sentencing, and post - disposition proceedings; and Page 28 of 78 Back to Agenda 4. Representation of criminal defendants on appeals to Superior Court when appropriate. 5. The Public Defender shall consult with defendants prior to pretrial hearings. Appointment as the City's Public Defender will require meetings with defendants at the Public Defender's office or at the Kitsap County Jail. Failure to consult with defendants prior to pretrial shall only be excused for good cause. Examples of "good cause" include: scheduled vacation, illness, extended trials, or when the defendant fails to cooperate with the Public Defender in scheduling a time to consult. 6. Pursuant to CrRLJ 3.1(c)(1)-(2), Public Defender services shall also include providing legal representation to persons wishing to consult with an attorney while in the custody of the Port Orchard Police Department. The City's Public Defender shall ensure that an attorney is available at all times (24 hours a day) to provide legal representation, including evenings, holidays, and weekends. The City's Public Defender shall provide the Port Orchard Police Department with a monthly schedule of attorneys available to receive calls during non -business hours. This schedule shall include the name of the attorney and a designated telephone or cellular phone number. Only attorneys who meet the experience requirements set forth above, and are either a member of the Public Defender's firm or have received prior written approval by the City may be included in the above -described schedule. 7. When a defendant exercises his. or her right to trial, the City's Public Defender shall diligently prepare for trial and ensure that the defendant receives adequate representation. Preparation for trial shall include but not be limited to: interviewing witnesses identified by the City Prosecutor, interviewing witnesses identified by the defendant, review. of police reports and evidence, research legal issues, preparing a witness list on behalf of the defendant, and consultation with the defendant. 8. Absent an agreement -being entered by the City with another lawyer or law firm, the Public Defender shall remain as the attorney of record on all cases to which the Public Defender has been appointed until the court's jurisdiction is terminated' by the Court, unless withdrawal is permitted by the Court as may be required by the Rules of Professional Conduct. 9. if a defendant represented by the City's Public Defender elects to appeal .a conviction to Superior Court, the Public Defender is responsible for timely filing a Notice of Appeal to Superior Court. 10. Services do not extend to forfeiture hearings or hearings with the Department of Licensing. Page 29 of 78 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Adoption of a Resolution Declaring Certain Back to Agenda Meeting Date: November 8, 2022 Prepared by: Brandy Wallace, MMC Personal Property as Surplus and Authorizing its Disposition Thereof Atty Routing No. Atty Review Date City Clerk N/A N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs, may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus various personal property of cellular phones, iPads, and related accessories, belonging to the General Fund. Most of the items have reached the end of their useful life. Of the items that have value, the Finance department has estimated the current value of $425. Although the City's internal asset value of the items have been determined to be of little value, any money from the sale of surplus property is deposited into the Fund which owned the item. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Staff will dispose the item in a manner that reflects the best interest of the City. Recommendation: Staff recommends adoption of a Resolution declaring the personal property of cellular phones, iPads, and related accessories for surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution declaring the personal property of cellular phones, iPads, and related accessories, listed in Exhibit A, surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus item is deposited in the Fund of ownership. Alternatives: Do not adopt. Attachments: Resolution and list of personal property. Page 30 of 78 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS AND AUTHORIZING ITS DISPOSITION THEREOF WHEREAS, certain personal property owned by the General Fund of the City of Port Orchard have become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the items to be $425; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interest of the City to dispose of such personal property; and WHEREAS, the City Council desires to dispose cellular phones, iPads, and related accessories listed in Exhibit A, in the best interest of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Personal property of cellular phones, iPads, and related accessories are listed in Exhibit A and are declared as surplus to the needs of the City. Staff is instructed to dispose of the items in a manner that reflects the best interest of the City. 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 8t" day of November 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 31 of 78 Back to Agenda Asset Tag Serial # Model Status Value 5007 DX3DXPVFPLJM iPhone SE 20 64GB BLACK To be returned for credit $0.00 5008 51cfbdbfda859762 GALAXY S10E BLACK 128GB To be returned for credit $0.00 5046 F17F4E1TPUM iPhone SE 20 64GB BLACK To be returned for credit $0.00 5047 2e2a4298d8659984 SAM XCOVER PRO SM-G715U1 BDFILL To be returned for credit $0.00 5049 C39RX2GLH2XL iPhone SE SPACE GRAY 64GB To be returned for credit $0.00 5050 FFMD3ASOPUM iPhone SE 64GB BLACK To be returned for credit $0.00 5051 FFMD3AF7PUM iPhone SE 64GB BLACK To be returned for credit $0.00 5052 FFMD3A8APUM iPhone SE 64GB BLACK To be returned for credit $0.00 5053 9c09cb7b9f37f8f2 XCOVER PRO SM-G715U1 BDFILL To be returned for credit $0.00 5054 IMIE355756110936380 Cell phone To be returned for credit $0.00 5056 FKIWCBE2HFLR 6S SG 32 GB To be returned for credit $0.00 5073 9f71ec1c03155d5c iPhone 7 Black 32GB To be returned for credit $0.00 5079 FFPZQ7KGJC6C iPhone 8 To be returned for credit $0.00 5086 F17CGDKEPLJM iPhone SE 64GB BLACK To be returned for credit $0.00 5088 1756af6bf660db65 GALAXY S9 MIDNIGHT BLACK To be returned for credit $0.00 5106 88 smg950uzkv Broken $0.00 5107 F18S10A1H2XG 5 S To be returned for credit $0.00 5128 FFMZ5K6HJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5129 DX3XNPBLHG6W iPhone 7 BLACK 32GB To be returned for credit $0.00 5131 FFNYXVFZJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5132 1c29cde7fc7c5634 XCOVER PRO SM-G715U1 BDFILL To be returned for credit $0.00 5133 356E+14 iPhone SE 64GB BLACK To be returned for credit $0.00 5134 DX3H3DLMN72L iPhone 7 BLACK 32GB To be returned for credit $0.00 5136 8c976b2fff95cdb7 GALAXY S9 MIDNIGHT BLACK To be returned for credit $0.00 5137 DX3XNJZPHG6W iPhone To be returned for credit $0.00 5137 DX3XNJZPHG6W iPhone 7 BLACK 32GB To be returned for credit $0.00 5139 FFQFPHN4PUM iPhone SE 20 64GB To be returned for credit $0.00 5141 FFMYXSSRJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5142 FFNYXVKTJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5143 FFNYXP5FJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5144 FFPYXDJMJC6CY iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5145 FFPYXI2RJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5146 FFMYX22QJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5147 FFMYXVHBJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5148 FFNZ4JLEJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5149 FFMZ5HLFJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5150 DX3XNCGFHG6WY iPhone To be returned for credit $0.00 5151 DX3XNHLWHG6W iPhone To be returned for credit $0.00 5152 DX3XNHMLHG6W 7 Black 32GB To be returned for credit $0.00 5153 DX3XNHP2HG6W 7 Black 32GB To be returned for credit $0.00 5155 DX3XNKLJHG6W 7 Black 32GB To be returned for credit $0.00 5158 DX3XNM87HG6W 7 Black 32GB To be returned for credit $0.00 5159 DX3XNNATHG6W 7 Black 32GB To be returned for credit $0.00 5160 DX3XNNAXHG6W 7 Black 32GB To be returned for credit $0.00 5162 618B8A1546D9B42F GALAXY S9 MIDNIGHT BLACK To be returned for credit $0.00 5208 DX4CGSFYKXKN iPhone XR BLACK 64GB To be returned for credit $0.00 5209 DX3XNLCQHG6W iPhone 7 BLACK 32GB To be returned for credit $0.00 5210 DX3XNKTNHG6W iPhone To be returned for credit $0.00 5212 FFMCCHQIJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 Page 32 of 78 Back to Agenda 5217 355756110483268 Cell phone Broken $0.00 5251 FFPZQ8A9JC6CY Ipad To be returned for credit $0.00 5252 FFMZRXRHJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5253 e9796bO600ab3653 PIXEL 3A BLACK To be returned for credit $0.00 5254 4c8328829af8a16c PIXEL 3A XL PURPLEISH To be returned for credit $0.00 5256 98709a834639d4ef PIXEL 3A BLACK To be returned for credit $0.00 5258 6fa27aOd78001edd PIXEL 3A BLACK To be returned for credit $0.00 5259 DX3CP80ZKXKN iPhone XR BLACK 64GB To be returned for credit $0.00 5262 FFMWH2HGHFLR iPhone 6S 32GB SPACE GRAY To be returned for credit $0.00 5264 4a5e3508b3187a39 PIXEL 3A BLACK To be returned for credit $0.00 5266 DX3YV3DKHG6WY iPhone 7 BLACK 32GB To be returned for credit $0.00 5269 FFPZQASWJC6C iPhone 8 SPACE GRAY 64GB VZ To be returned for credit $0.00 5704 d85a3e4c4eedea2f Xcover pro To be returned for credit $0.00 5719 572600043969 E7110 Broken - won't power on. $0.00 5720 018AY1S9J8 PIXEL13A To be returned for credit $0.00 5745 FFWD7QTAPLJM Apple To be returned for credit $0.00 5786 gwk9gOfn44 (phone To be returned for credit $0.00 5801 RFCT32VDXCJ Samsung To be returned for credit $0.00 5807 DX3XNCGFHG6W 7 back 32GB To be returned for credit $0.00 5809 RFCR90DW2W Samsung To be returned for credit $0.00 5810 RCVAYIR8KK Pixel 3A To be returned for credit $0.00 5811 FFMWHH6HHFLR (phone To be returned for credit $0.00 5812 DX363BBKPLJY (phone To be returned for credit $0.00 5813 DX3G3BXEPLJY (phone To be returned for credit $0.00 5814 FFMGD15APLJN (phone To be returned for credit $0.00 5829 353726519251972 Galaxy Cell Phone To be returned for credit $0.00 5854 DX3G405PPLJN (phone To be returned for credit $0.00 5855 DX3G409RPLJN (phone To be returned for credit $0.00 5898 M4HH959CC (phone To be returned for credit $0.00 5064 DMPPCIVSF4YD Wad obsolete $50.00 5065 GBO18DOP239 Wad obsolete $50.00 5163 DMPD97JPLM93 Wad obsolete $25.00 5188 SDMPRDINCF4YH Wad obsolete $50.00 5232 DMPQK5BKF4YH Wad obsolete $50.00 5233 DMPRDIZDF4YH Wad obsolete $50.00 5240 DMPTGIS3HLJK/MP252L Wad obsolete $50.00 5274 3.52E+14 Wad obsolete $25.00 5279 3.52E+14 Wad obsolete $25.00 5283 3.52E+14 Wad obsolete $25.00 5835 DMPP38BCFKll Ipad obsolete $25.00 total value $425.00 Page 33 of 78 Back to Agenda �N1 IIYI �" City of Port Orchard Council Meeting Minutes Work Study Session Meeting of October 18, 2022 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:31 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Community Development Director Bond, Public Works Director Lang, HR Manager Lund, Finance Director Crocker, Police Chief M. Brown, and Deputy City Clerk Floyd. Staff present via Zoom: City Clerk Wallace The meeting also streamed live on YouTube. Pledge of Allegiance (Time Stamp 02:50) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. Biennial 2023/2024 Budget (Time Stamp 03:32 Part 1) Mayor and Council briefly discussed sales tax and the Finance Committee meeting. Finance Director Crocker provided a presentation which included the budget schedule, public hearings, revenue sources and property tax, beginning and ending fund balance, and built-in debt service payments. Mayor Putaansuu and Finance Director Crocker also spoke to the Mayor's budget which included financial policies, citywide investment in utilizing technology, police radar replacements, police body - worn cameras, police weapons replacement, Community Development building consultant services, Community Development comprehensive plan consultant, office spacing, Public Works Asset Management system, Public Works water meter improvements, Public Works storm drainage Page 34 of 78 Back to Agenda Minutes of October 18, 2022 Page 2 of 3 implementation, bridge repairs, street striping, pavement preservation, potholes, sidewalks, street lighting, traffic control, park and facilities, transportation capital projects, water capital projects, storm drainage capital projects, sewer capital projects, new vehicles and equipment for the Police, Community Development, and Public Works departments, parks improvements with solartrash cans, Public Works shop electric charging stations, affordable housing, and new and existing employee changes. Mayor Putaansuu explained the mid -year review of court security, city hall construction, Orchard Street Plaza design, Public Works shop expansion, SR166/Bay Street funding options for construction, Well No. 7, water system pipe survey, Bay Street lift station, fire district property purchase at McCormick Village Park, Givens sports courts, element of Sidney 2nd force main related to Pottery complete street, key cards access, and personnel requests. Additionally, Mayor Putaansuu spoke to things that did not get budgeted which included vehicles and equipment, additional Stormwater Tech, and a police staffing needs study. Additional discussion was held regarding Well No. 13 and water, COLA [Cost of Living Allocation] increase for employees, development permits, office space leasing and furniture, telecommuting, street preservation and maintenance, West Sound Utility District customers and utility tax, City of Bremerton franchise agreement, supportive housing, Bay Street seawall, vendor issues, job descriptions and policies, City Council retreat, employee retirements and long-term care, public information officer contract, Paul Powers Park water tank removal, and gambling dollars and police enforcement. At 8:05 p.m., Mayor Putaansuu recessed the meeting for a 5-minute break. At 8:10 p.m., Mayor Putaansuu reconvened the meeting back into session. (Time Stamp 00:01 Part 2) Finance Director Crocker provided a presentation on the Capital Projects Preliminary Budget which included: • Capital Construction of the Community Events Center, City Hall design, McCormick Splashpad Completion and Public Works Shop charging station improvements; • Street Capital Construction of the Bay Street Pathway Right -of -Way completion, Bay Street Pathway Design and completion, Bay Street Situational Study, Bethel Lincoln Design and completion, Salmonberry and Blueberry Design, Lippert Sidewalk improvements, Pottery Design, and SR166 Street Design; • Water Capital Construction of Well No. 11, Melcher Booster Station, 390 Zone Low Pressure, Water Main-SR166 Bay Street Water Design, Water Main Replacement-Sroufe, and annual Water Main Replacement; • Storm Drainage Capital of storm property purchase and annual preservation; and • Sewer Capital Construction of the Marina Project, South Sidney design, Sewer Main replacement-SR166 Bay Street sewer design, Sewer controls -operations, and annual preservation -operations. Page 35 of 78 Back to Agenda Minutes of October 18, 2022 Page 3 of 3 In conclusion, Finance Director Crocker noted this discussion only included the expenditure side of the budget and not the revenue side. Additional discussion was held regarding the budget process, changing from an annual to a biennial budget, the strong economy, and lodging tax funding and community events. Council Direction: Council directed staff to present the revenue side of the budget during the October 25, 2022, City Council meeting. Also to add these items to the budget; a 4% COLA increase for employees, add a mid -year item review for a RCO Grant for shoreline restoration, and add a mid- year review item for additional street paving. GOOD OF THE ORDER Good of the order not held. ADJOURNMENT The meeting adjourned at 8:47 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 36 of 78 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of October 25, 2022 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:31 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Lucarelli Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Trenary Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Lang, HR Manager Lund, Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Archer, and City Clerk Wallace. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 01:16) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 01:36) MOTION: By Councilmember Trenary, seconded by Councilmember Diener, to add a Business Item, 7F, Resolution Authorizing the Official Newspaper of the City and Repealing Resolution No. 070-22. The motion carried. MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to move Consent Agenda Item 4F [Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Title VI Requirements] to Business Items, as 7G. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as modified. Page 37 of 78 Back to Agenda Minutes of October 25, 2022 Paize 2 of 6 The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 04:12) There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 04:36) A. Approval of Voucher Nos. 84847 through 84885 and 84892 through 84966 including bank drafts in the amount of $532,585.50 and EFT's in the amount of $225,502.83 totaling $758,088.33. B. Approval of Payroll Check Nos. 84886 through 84891 including bank drafts and EFT's in the amount of $219,820.41 and Direct Deposits in the amount of $204,257.37 totaling $424,077.78. C. Adoption of a Resolution Accepting 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 (Resolution No. 092-22) D. Adoption of a Resolution Repealing Resolutions Accepting Public Pedestrian Access Easements Located in McCormick West Division 11 (Resolution No. 086-22) E. Adoption of a Resolution Authorizing the Mayor to Terminate Interlocal Agreement with Kitsap Fire District #7 for Chaplain Services (Resolution No. 109-22) Tr-,.,Spertati n for Title VI Requirements G. Approval of an Amendment to Contract No. 057-22 with SAFEBuilt Consultants for Building/Fire Code Plan Review and Building Code Inspection Services H. Approval of the September 27, 2022, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to approve the Consent Agenda. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp: 05:09) A. Property Tax and Revenue Sources for 2023, Current Expense Budget 2023-2024 and Satisfying the Requirements of RCW 84.55.120 Mayor Putaansuu opened the public hearing at 6:36 p.m. Finance Director Crocker provided a presentation on property tax and revenue sources. There being no comments, Mayor Putaansuu closed the public hearing at 6:51 p.m. Page 38 of 78 Back to Agenda Minutes of October 25, 2022 Paize 3 of 6 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 (Time Stamp 22:01) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, 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. The motion carried. (Ordinance No. 045-22) B. Adoption of a Resolution Authorizing Purchase of Kitsap County Parcel No. 4650-011-001-0001 for Stormwater Facilities (Time Stamp: 23:51) MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, 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. The motion carried. (Resolution No. 111-22) C. Approval of an Amendment to the Letter of Agreement with Teamsters Local 589 Regarding Limited Term Assignment Non -Union Work (Time Stamp 29:40) MOTION: By Councilmember Trenary, seconded by Councilmember Clauson, 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. The motion carried. (Amendment No. 2 to LOA to Contract No. 022-22) D. Approval of Road Closures for a Special Event: Festival of Chimes & Lights (Time Stamp 31:45) MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, 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. The motion carried. E. Approval of the October 11, 2022, City Council Meeting Minutes (Time Stamp 37:29) Page 39 of 78 Back to Agenda Minutes of October 25, 2022 Paize 4 of 6 MOTION: By Councilmember Rosapepe, seconded by Councilmember Cucciardi, to approve the minutes as presented. The motion carried. Councilmembers Clauson and Diener abstained. F. Adoption of a Resolution Authorizing the Official Newspaper of the City and Repealing Resolution No. 070-22 (Time Stamp 38:12) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt a resolution declaring Kitsap Sun as the City's Official Newspaper, and repealing Resolution No. 070-22 The motion carried. (Resolution No. 110-22 and Contract No. 120-22) G. Adoption of a Resolution Approving an Agreement with Washington State Department of Transportation for Title VI Requirements (Time Stamp 41:49) MOTION: By Councilmember Clauson, seconded by Councilmember Trenary, to adopt a Resolution authorizing the Mayor to sign an agreement with the Washington State Department of Transportation adopting WSDOT's Title VI Plan. Councilmember Chang noted he is an employee of WSDOT and would recuse himself if anyone had any concerns. No one voiced any concerns. The motion carried. (Resolution No. 112-22 and Contract No. 121-22) 8. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 44:47) A. Social Media City Attorney Archer provided a presentation which included existing social media policies for the police department and within the personnel policy, social media comments, key legal issues, use of personal and City business, public records, public records retention, communications with the public, free speech/public forum, use of public facilities, and emergency situations. Additional discussion was held on Councilmembers social media use and policies, allowing or not allowing comments on social media, enforcement of social media violations, and retention violations. Council Direction: Council would like to have more discussion about a Council social media policy and asked to add this to a future work study meeting with a draft policy. Page 40 of 78 Back to Agenda Minutes of October 25, 2022 Paize 5 of 6 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:23:09) Councilmember Trenary reported on the October 17th Economic Development and Tourism Committee meeting. Councilmember Chang reported on the October 25th Transportation Committee meeting. Councilmember Lucarelli reported on the October 17th Festival of Chimes and Lights Committee meeting. Councilmember Diener reported on the October 19th Land Use Committee meeting. Councilmember Cucciardi reported on the October 24th Lodging Tax Advisory Committee meeting. Mayor Putaansuu reported the Sewer Advisory Committee is scheduled to meet November [8th]. He also reported on a meeting with Housing Kitsap. 10. REPORT OF MAYOR (Time Stamp: 1:36:36) The Mayor reported on the following: • KRCC Legislative Reception; • Chamber of Commerce award gala; • Meetings with representatives from the State; • Letter from Port Orchard Yacht Club related to derelict boats; • Bids on boats; and • In compliance with Resolution 007-11 'Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures', he reported on updates to the City Clerk and Deputy City Clerk job descriptions. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:39:10) Public Works Director Lang reported on paving on Lippert Drive. Finance Director Crocker spoke to the biennial budget and a few changes. Community Development Director Bond reported on Camino software and building permits and growth activity. Police Chief Brown gave an update on police staffing. City Clerk Wallace thanked the Council for allowing staff the opportunity to attend trainings and conference. She said will be attending the Washington Association of Public Records Officers conference and talked about attending the Association of Washington Cities Risk Management Page 41 of 78 Back to Agenda Minutes of October 25, 2022 Page 6 of 6 Service Agency Annual meeting. Lastly, she explained the City of Port Orchard received an award, '2022 Loss Champion' for reducing the Cities risk factor. 12. CITIZEN COMMENTS (Time Stamp: 1:47:44) There were no citizen comments. 13. EXECUTIVE SESSION At 8:18 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss legal risks of a proposed action where public discussion may have legal or financial consequences to the City. City Attorney Archer, Finance Director Crocker, and Community Development Director Bond were invited to attend, and City Attorney Archer noted no action will follow. At 8:33 p.m., Mayor Putaansuu recessed the meeting for an additional 10-minutes. At 8:48 p.m., Mayor Putaansuu reconvened the meeting back into session. 14. GOOD OF THE ORDER No good of the order was held. 15. ADJOURNMENT The meeting adjourned at 8:48 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 42 of 78 Back to Agenda HIM City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 ear Ill�i e (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: November 8, 2022 Subject: Adoption of an Ordinance Approving a Prepared by: Tony Lang Contract with the Washington State Public Works Director Department of Transportation for the Atty Routing No.: 366922-0009 — PW 2022 City Safety Program for Systematic Atty Review Date Safety Street Lighting Improvements November 2, 2022 Summary: The City of Port Orchard's Public Works Department applied for Highway Safety Improvement Program (HSIP) grant funding on September 13, 2022, through the Washington State Department of Transportation (WSDOT) 2022 City Safety Program for Systematic Safety Street Lighting Improvements. On September 13, 2022, the City's Public Works Department was notified by WSDOT that the City's 2022 City Safety Program for Systematic Safety Street Lighting Improvements Project was selected to receive $220,000 in federal funding through the HSIP, with no local match requirement. Recommendation: Staff recommends that City Council adopt Ordinance No. 044-22, accepting the Highway Safety Improvement Program funding from the Washington State Department of Transportation (WSDOT) for the 2022 City Safety Program for Systematic Safety Street Lighting Improvements. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move that the City Council adopt Ordinance No. 044-22, accepting the Highway Safety Improvement Program funding from the WSDOT for the 2022 City Safety Program for Systematic Safety Street Lighting Improvements Project. Fiscal Impact: $220,000 in grant funding is included in 2023-2024 budget. No City match required. Alternative: Do not accept the grant Attachments: Ordinance No. 044-22 Exhibit A -Award Letter and Project Summary Page 43 of 78 Back to Agenda ORDINANCE NO. 044-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE TERMS AND CONDITIONS ASSOCIATED WITH THE FEDERALLY FUNDED HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) AS MANAGED BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) UNDER THEIR 2022 CITY SAFETY GRANT PROGRAM FUNDING FOR SYSTEMATIC SAFETY STREET LIGHTING IMPROVEMENTS. WHEREAS, on March 3, 2022, the City of Port Orchard's Public Works Department applied for Highway Safety Improvement Program (HSIP) grant funding through the Washington State Department of Transportation (WSDOT) 2022 City Safety Program for Systematic Safety Street Lighting Improvements (Project); and WHEREAS, on September 13, 2022, the City's Public Works Department was notified by WSDOT that the Project was selected to receive $220,000 in federal funding through the HSIP, with no local match requirement; and WHEREAS, the City Council has determined it to be in the best interests of the City to accept the grant funding from HSIP/ WSDOT for the Citywide Street Lighting Improvement; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby accepts the Highway Safety Improvement Program funding from the Washington State Department of Transportation (WSDOT) for the 2022 City Safety Program for Systematic Safety Street Lighting Improvements, described on the WSDOT award letter with project summary, attached hereto as Exhibit A and incorporated herein by this reference. The Mayor is authorized to execute all documents necessary to effectuate this acceptance. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. Page 44 of 78 Back to Agenda Ordinance No. 044-22 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 8t" day of November 2022. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk John Clauson, Councilmember APPROVED AS TO FORM: Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 45 of 78 Back to Agenda AM 16 Washington State Transportation Building •, Department of Transportation 310 Maple Park Avenue S.E. P � P.D. Box 47300 Olympia, WA 98504-7300 360-705-7000 TrY:1-800-833-6388 www.wsdot.wa.gov September 13, 2022 Mr. Chris Hammer, PE Interim Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Systemic Safety Street Lighting Improvements 2022 City Safety Selections Federal Funding Dear Mr. Hammer: WSDOT is pleased to advise you that the above -mentioned safety project was recently selected to receive funding through the Highway Safety Improvement Program (HSIP). The federal funding is limited to the amount shown below: Systemic Safety Street Lighting Improvements S220,000 Scope: See attached Project Summary — delivered as one contract. NOTE: The project is eligible for 100% HSIP funding, for all phases authorized prior to April 30, 2026 If any phase is not obligated by this date, remaining funding will be rescinded, and the agency will need to re -compete for funding or construct the project with local funds. Scope and funding modifications require prior approval from WSDOT Local Programs. In order to meet state and federal requirements, the following are required: ■ Project expenditures incurred before receiving notice from Local Programs of federal fund authorization are not eligible for reimbursement. ■ Please refer to the Local Programs web page for detailed information, including: (http://www.wsdot.wa.gov/localpro_rg ams_o ✓ Local Agency Guidelines (LAG) manual for the requirements regarding programming, authorization, reimbursement, etc.; ✓ Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP) as a complete programmed project. Once your TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program (STIP); ✓ Funding and billing forms; ✓ Local Project Report is required to be completed by the end of June and December each year. To access the database you will need an account name and password. Your account name is Port Orchard and your password is PorOr576. The password is case sensitive. If the project is not actively pursued, or becomes inactive (23 CFR 630), the project is at risk of being cancelled, and funds reprogrammed. FHWA requires that all projects are ADA compliant upon completion or the federal funds must be repaid. Page 46 of 78 Back to Agenda Mark Dorsey City of Port Orchard 2022 City Safety Selections September 9, 2022 As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance please contact John Ho, your Region Local Programs Engineer at 564.669.1018. Sincerely, Jay Drye, PE Director Local Programs JD:st:ml Enclosure cc: Kelly McGourty, Transportation Director, PSRC John Ho, Olympic Region Local Programs Engineer, MS 47440 Page 47 of 78 Back to Agenda Project Summary Program: 2022 City Safety Program Date: August 2022 Agency: City of Port Orchard Project Title: Systemic Safety Street Lighting Improvements Project Description: Install street lighting. Detailed Project Description Install street lighting. Locations: a. Sidney Rd. at Sidney Glen Elementary intersection/crosswalk b. Pottery Ave. at Cedar Heights Elementary midblock crosswalk c. Pottery Ave. and S. Kitsap Blvd. d. Pottery Ave. and Lippert Dr. e. Bethel Ave. at main Walmart access intersection f. Bethel Ave. at south Walmart access intersection Project Schedule (Estimated) Project added to the STIP 2/23 Project agreement signed with WSDOT Local Programs 4/23 Begin PE (phase authorized by FHWA through WSDOT) 9/22 Community/stakeholder engagement complete N/A Environmental documents approved by WSDOT 6/23 Begin right-of-way (phase authorized by FHWA through WSDOT) N/A Right -of -Way completed (certification by FHWA through WSDOT) N/A Contract advertised 6/23 Contract awarded 7/23 Construction complete 7/24 Project Cost and Award Amount Phase I Total Cost Local Match Amount Awarded Preliminary Engineering $0 $0 $0 Right -of -Way $0 $0 $0 Construction $220,000 $0 $220,000 Total $220,000 $0. $220,000 * Project must obligate construction funds by April 30, 2025 to waive the 10% local match requirement for the construction phase. Page 1 of 2 Page 48 of 78 Back to Agenda If you agree to the project summary described above, please sign or electronically sign below and return to Ed Spilker at Ed.Spi I ke r@wsdot.wa.go. Concurrence: I agree to the project summary described above. Approving Authority Name (Print): Approving Authority Signature: — Jr�rin 19v41: c. V4)/ 8• rS• �ZZ Page 2 of 2 Page 49 of 78 Back to Agenda �_. City of Port Orchard M., �;IYYII•� �_�', 216 Prospect Street, Port Orchard, WA 98366 in '' 1 (360) 876-4407 • FAX (360) 895-9029 _--.. Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date Subject: Adoption of a Resolution Approving a Prepared by Contract with Commonstreet Consulting, LLC for On Call Right of Way Services Atty Routing No.: Atty Review Date November 8, 2022 Tony Lang Public works Director 366922-0009 - PW October 19, 2022 Summary: The City identified the need for professional On Call Right of Way Services for the negotiation and acquisition of real property and real property interests for City Projects, including but not limited to rights of access and easements. Accordingly, on May 13, 2022, and May 20, 2022, the City's Public Works Department published a Request for Qualifications (RFQ) seeking submissions from qualified consultants with expertise in Right of Way Services. By the June 10, 2022, 10:00am, deadline, the City received two Statements of Qualification (SOQ). After review by staff of the Statements of Qualifications (SOQ's) received, both qualified firms were interviewed on July 26th and July 27th. Based upon overall qualifications, including interview scoring, the City's Public Works Department recommends Commonstreet Consulting, LLC as the most qualified consultant for the Project. Public Works Staff met with Commonstreet Consulting, LLC to negotiate the terms of an agreement for the Project. On October 10, 2022, Commonstreet Consulting, LLC provided a viable Scope of Work, Budget, and Project Timeline for the On Call Services, in an amount not to exceed $125,000. Relationship to Comprehensive Plan: Chapter 8—Transportation Recommendation: Staff recommends adoption of Resolution No. 101-22, authorizing the Mayor to execute Contract No. C114-22 with Commonstreet Consulting, LLC for On Call Right of Way Services in an amount not to exceed $125,000. Motion for Consideration: I move to adopt Resolution No. 101-22, authorizing the Mayor to execute Contract No. C114-22 with Commonstreet Consulting, LLC for On Call Right of Way Services in an amount not to exceed $125,000. Fiscal Impact: A budget amendment may be needed for the 2021-2022 Budget. On Call right of Way Services are budgeted in the 2023-2024 Budget. Alternative: Do not authorize and provide alternative guidance. Attachments: Resolution No. 101-22 Contract No. C114-22 Commonstreet Consulting, LLC Proposal Exhibits Scope & Fee Page 50 of 78 Back to Agenda RESOLUTION NO. 101-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C114-22 WITH COMMONSTREET CONSULTING, LLC FOR ON CALL RIGHT OF WAY SERVICES AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES WHEREAS, the City has identified a need for professional On Call Right of Way Services for the negotiation and acquisition of real property and real property interests for City projects, including but not limited to rights of access and easements; and WHEREAS, on May 13, 2022, and May 20, 2022, the City of Port Orchard Public Works Department published a Request for Qualifications (RFQ) for On Call Right of Way Services, and by the June 10, 2022, 10:OOam, deadline the City's Public Works Department received two Statements of Qualification (SOQ) from qualified firms; and WHEREAS, after reviewing the two Statements of Qualifications (SOQs) received, the City's Public Works Department interviewed both qualified firms on July 26 and 27, 2022, and based upon overall qualifications inclusive of interviewing scoring, the City's Public Works Department determined Commonstreet Consulting, LLC, met the requirements and criteria as described in the RFQ and was a responsible and responsive consultant to provide the On Call Right of Way Services; and WHEREAS, Public Works Staff met with Commonstreet Consulting, LLC, to discuss, clarify and develop the project understanding and the associated contract terms, and on October 10, 2022, the City received a defined scope of work, budget, and fees from Commonstreet, LLC; and WHEREAS, the Port Orchard City Council believes Commonstreet Consulting, LLC to be the most highly qualified consulting firm for this Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. Page 51 of 78 Back to Agenda THAT: The City Council approves and authorizes the Mayor to sign Contract No. C114- 22 with Commonstreet Consulting, LLC for On Call Right of Way Services, in a form acceptable to the City Attorney. 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 8th day of November 2022. ATTEST: City Clerk, Brandy Wallace, MMC Robert Putaansuu, Mayor Page 52 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B Port Orchard Contract #: 114-22 Authorized Amount: $125,000.00 Date Start: November 8, 2022 Date End: November 8, 2025 CONSULTANT SERVICES AGREEMENT for On Call Right of Way Services THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Comimnstreet Consulting, LLC, ("Consultant") organized under the laws of the State of Washington, located and doing business at 92 Lenora Street, PMB 125, Seattle WA 98121, (503)302-4520 Kari Lowe (hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform work as assigned by the City, which may include the services described in Exhibit "A" of this Agreement which is attached hereto and incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City, however, this Agreement does not obligate the City to assign any specific work or any work to the Consultant. In performing the services, the Consultant shall comply with all federal, state, and local laws and regulations applicable to the services. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Work to be performed under this Contract shall commence as soon as the Contractor has been officially notified to proceed and the first Work Order has been issued. The Consultant shall provide the services within the scope of each Work Order within the schedule agreed upon between the City and Consultant. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and _Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 1 of 17 Page 53 of 78 Back to Agenda DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ 0 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $125,000.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit `B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ OTHER 3. 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. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 2 of 17 Page 54 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to direct the Consultant's compensated services before reaching the maximum amount. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on November 8, 2022 and ending November 8, 2025 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. 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. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. City of Port Orchard and_Coanmonstreel Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 3 of 17 Page 55 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1CO08CO2B 7. Relationship of the Parties;_ Independent Consultant. 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 City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee 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. Indemnification. 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 attorneys' fees, arising out of or resulting from the negligence, acts, errors and omissions of the Consultant in performance of this Agreement, except for injuries and 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. 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. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and_Commonslreet Consulting, LLC Professional Service Agreement Contract No. H4-22 Updated 4/2022 IBDR Page 4 of 17 Page 56 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B 9. Insurance. The Consultant shall procure and maintain for the duration of the 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: limits: 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. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts oflnsurance. Consultant shall maintain the following insurance i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. 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 Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-VII. City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 5 of 17 Page 57 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B E. Verification of Coverage. 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. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keening and Reportine. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right (of Inspection and Audit. A. 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 regulations that are now effective or become applicable within the terms 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. B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. City of Port Orchard and_Commonstreel Consulting, LLC Professional Service Agreement Contract No. 1/ 4-22 Updated 4/2022 IBDR Page 6 of 17 Page 58 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B 12. Work Performed at the Consultant's Ris 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 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. 13. Termination. 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. 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. i. 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. ii. 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. 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 City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 174-22 Updated 4/2022 IBDR Page 7 of ] 7 Page 59 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B 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 the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. 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. Violation of this Section 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. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 8 of 17 Page 60 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -A propriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Emuloyment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 21. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 1/ 4-22 Updated 4/20221BDR Page 9 of 17 Page 61 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B Back to Agenda may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 22. 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. 23. 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. 24. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service; and (d) a copy shall be sent by email to kari@csrow.coni, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bwal lace@c i ty ofportorchard. uS Phone:360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: I{ari Lowe, CEO 92 Lenora Street PMB 125 Seattle, WA 98121 Phone No.: 503 302-4520 Email: kari@csrow.com City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/20221BDR Page 10 of 17 Page 62 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B 25. Resolution of Disputes; 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 party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 26. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 27. 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: A. 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. B. 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. City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 1 I of 17 Page 63 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EAlC008CO2B C. 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. D. 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 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. E. 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: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. 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. 28. Counterl)arts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 29. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 1 / 4-22 Updated 4/2022 IBDR Page 12 of 17 Page 64 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B Back to Agenda IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT Docv Signmd by: By; ���/- -- Tod Hudak Title: Principal Date: 10/21/2022 1 10:35:28 PDT City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 CITY OF PORT ORCHARD Robert Putaansuu, Mayor Date: ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Port Orchard City Attorney's Office Page 13 of 17 Updated 4/2022 IBDR Page 65 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B EXHIBIT A Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but not limited to, the following outlined here or attached separately. The work to be performed by the CONSULTANT consists of services for procurement of right-of-way acquisition, property management, and relocation, permanent easements, and/or temporary construction easements for future transportation and/ or utility improvement projects. Future projects phases may be federally funded. Work shall be completed within the guidelines of the Federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act (URA), Washington State Department of Transportation (WSDOT) Local Agency Guideline Manual, and the CITY's approved Right of Way Acquisition Procedures. Services may include title reports, appraisals, appraisal review, exhibits prepared by engineers and surveyors, and obtaining right-of-way certification from WSDOT and negotiations. Work may also include assisting the City with administration and reporting related to agreements and procedures with the State. Not all work is known in advance and tasks will be assigned on an on call basis. City of Port Orchard and_Commonstreel Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 14 of 17 Page 66 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B EXHIBIT B Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance with the rates specified below or attached hereto, as Exhibit B. The labor rates and classifications, as shown shall be subject to renegotiations for each subsequent twelve ( 12) month period upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party a minimum sixty (60) day prior to raising rates with a limitation, i.e., no more than annual CPI-U for Seattle/Tacoma/Bellevue. Commonstreet Consulting, LLC Schedule of Hourly Rates* Principal / Sr. Advisor / Program Manager $ 230.00 Senior Project Manager $ 208.00 Project Manager / Property Manager $ 185.00 Senior Right of Way Agent $ 155.00 Right of Way Agent $ 125.00 Senior Project Control Specialist / Senior ROW Technician $ 155.00 Project Control Specialist / ROW Technician $ 115.00 Terms and Conditions Subcontracted services will be invoiced at cost plus ten percent (+10%). This schedule of hourly rates is subject to a 5% increase annually from the contract date. Grant Funding Requirements Consultant's Rates shall be invoiced, as necessary, to comply with requirements of third party funding requirements, including but not limited to FHWA/WSDOT, RCO, CFT, and FTA requirements. City shall provide any information necessary to comply with funding requirements. City of Port Orchard and Connnonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 15 of 17 Page 67 of 78 DocuSign Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1COOBCO2B 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); is 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 City of Port Orchard and_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/202216DR Page 16 of 17 Page 68 of 78 DocuSlgn Envelope ID: 5259A9AF-523C-46E6-86DC-4EA1C008CO2B Back to Agenda 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_Commonstreet Consulting, LLC Professional Service Agreement Contract No. 114-22 Updated 4/2022 IBDR Page 17 of 17 Page 69 of 78 Back to Agenda v1i INIYI � � � 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 Subject: Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for 2023 Funding Allocation Meeting Date: November 8, 2022 Prepared by: Brandy Wallace, MMC City Clerk Atty Routing No.: Atty Review Date N/A N/A Summary: On October 24, 2022, the Lodging Tax Advisory Committee heard presentations from applicants requesting funds for 2023. On October 24 and October 31, 2022 the Committee deliberated and came to a consensus on the allocation. The Committee discussed the following: • Knowing the City has a healthy Lodging Tax fund balance, the committee felt it was important to review the applications based on what they are worth, rather than on a bottom -line number that has historically been projected. • Understanding that prices of putting on events have gone up, as well as the cost of staying in hotels. The committee is interested in seeing what the new trends of revenue streams are based on the changes over the last few years. • Reconvene in February 2023 to re-evaluate the current reporting requirements for accountability and continuity. In addition, review the current application process as things are changing and maybe there needs to be different questions asked. Lastly look at other jurisdictions to see how they are allocating funds. • Committee is interested in seeing what it would take to include Air B&B's in the lodging tax funding and process. The Committee is recommending the following fund allocations: Organization Funding Request Type Amount Requesting Amount Awarding South Kitsap Chamber of Commerce Marketing and Operations of Events $3,000 $3,000 South Kitsap Chamber of Commerce Tourism Marketing -Explore Port Orchard $21,100.23 $21,100 South Kitsap Chamber of Commerce Kitsap County Corn hole/Seagull Festival $2,000 $2,000 Fathoms 0 Fun Marketing and Operations of Events $33,500 $33,500 Kitsap Mustang Club Marketing and Operations of Events $3,000 $3,000 Port Orchard Bay Street Association Marketing and Operations of Events $37,900 $25,000 Port Orchard Bay Street Association Tourism Marketing $8,960 $8,960 Port Orchard Historic Theatre Foundation Marketing and Operations of Events $2500 Withdrew Saints Car Club Marketing and Operations of Events $5,000 $5,000 Sidney Museum and Arts Association Marketing and Operations of Events/Tourism Marketing of Downtown $5,000 $5,000 Visit Kitsap Tourism Marketing $27,000 $15,000 Total $146,460 $121,560 Business Item 7C Page 2of2 Recommendation: Staff recommends adoption of a resolution approving the lodging tax recommendations for 2023, as presented. Relationship to Comprehensive Plan: None. Motion for consideration: I move to adopt a resolution, adopting the Lodging Tax Advisory Committee's recommendation for the 2023 funding allocation, as presented. Fiscal Impact: $100,000 has been budgeted in the 2023 expenditure portion of the 2023/2024 Biennial Budget. Alternatives: N/A Attachments: Resolution, historical allocations, and minutes of the meeting (to be provided prior to the meeting) Page 71 of 78 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE LODGING TAX ADVISORY COMMITTEE'S RECOMMENDATION FOR 2023 FUNDING ALLOCATION. WHEREAS, notice was published in the City's official newspaper, Port Orchard Independent, on August 26, 2022 and September 2, 2022. As well as in the Kitsap Sun on August 24, 2022. All notices stated the City was accepting proposals for Hotel/Motel Lodging Tax funding applications for 2023 and WHEREAS, proposals were due to the City Clerk no later than 4:00pm on September 12, 2022, in which 11 applications were received; and WHEREAS, on October 24, 2022, the Lodging Tax Advisory Committee met with each of the applicants who presented their proposals. WHEREAS, on October 24 and 31, 2022, the committee reviewed the applications and came to a consensus on the recommended allocation to present to the City Council; and THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council accepts the Lodging Tax Advisory Committee's 2023 lodging tax recommendations as follows: Organization Funding Request Type Amount Requesting Amount Awarding South Kitsap Chamber of Commerce Marketing and Operations of Events $3,000 $3,000 South Kitsap Chamber of Commerce Tourism Marketing -Explore Port Orchard $21,100.23 $21,100 South Kitsap Chamber of Commerce Kitsap County Corn hole/Seagull Festival $2,000 $2,000 Fathoms O Fun Marketing and Operations of Events $33,500 $33,500 Kitsap Mustang Club Marketing and Operations of Events $3,000 $3,000 Port Orchard Bay Street Association Marketing and Operations of Events $37,900 $25,000 Port Orchard Bay Street Association Tourism Marketing $8,960 $8,960 Port Orchard Historic Theatre Foundation Marketing and Operations of Events $2,500 Withdrew Saints Car Club Marketing and Operations of Events $5,000 $5,000 Page 72 of 78 Back to Agenda Resolution No. Page 2 of 2 Marketing and Operations of Events/Tourism Marketing of Sidney Museum and Arts Association Downtown $5,000 $5,000 Visit Kitsap Tourism Marketing $27,000 $15,000 Total $146,460 $121,560 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 8t" day of November 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 73 of 78 Back to Agenda Organization/Event FY 2022 Funds Requested Funds Allocated FY 2021 Funds Requested Funds Allocated FY 202o Funds Requested Funds Allocated FY 2019 Funds Requested Funds Allocated City -Foot Ferry Services NA NA NA NA $7,000 $2,500 $6,500 $6,500 Concerts by the Bay $0.00 Fathoms O'Fun Festival-Events/Marketing $29,114 $25,096 $25,560 $25,560 $32,500 $21,000 $34,500 $21,532 Kitsap Mustang Club $2,500 $2,500 $2,500 $2,500 $2,500 $2,500 Port Orchard Historic Theatre Foundation $2,500 $2,500 POBSA-Marketing/Events $22,035 $19,079 $9,000 $9,000 $28,345 $15,000 $27,013 $15,380 POBSA-Events - Tourism Marketing $10,700 $9,095 $12,450 $8,000 $10,700 $7,500 $10,925 $7,690 Port Orchard Chamber of Commerce - Tourism Marketing, Visitor Center Operations, Seagull Calling Festival $30,203 $22,010 Port Orchard Chamber of Commerce - Explore Port Orchard Coalition - Tourism Marketing $15,800 $13,430 $10,000 $6,000 $12,500 $12,500 Port Orchard Chamber of Commerce -Seagull Calling Festival/KC Cornhole Event $2,000 $2,000 $3,000 $3,000 Port Orchard Chamber of Commerce -Visitor Center $14,000 $10,000 $10,000 $10,000 Saints Car Club ( The Cruz) $3,500 $3,500 $3,500 $3,500 $3,000 $3,000 $2,400 $2,400 Sidney Museum & Arts Association - Marketing $5,000 $5,000 $5,000 $5,000 $6,460 $5,000 $5,070 $5,070 Visit Kitsap-Tourism Marketing $18,000 $15,300 $247000 $20,000 $18,000 $18,000 $247000 $16,918 Visit Kitsap-Ride the Tide Event and Passport Marketing $2,500 $2,500 $12,000 $0 Reserve Grand Total of Requests $113,649 $100,000 $115,510 $87,060 $134,005 $100,000 $143,111 $100,000 FY' 2023 Projected Revenues: $100,000 FY' 2022 Projected Revenues: $100,000 FY' 2021 Projected Revenues: $100,000 FY' 202o Projected Revenues: $loo,000 FY' 2019 Projected Revenues: $100,000 FY's 2018 Remaining Revenues: $91,000 FY'2017/2oi8 Projected Revenues: $190,000 (2017 Allocations- $ioi,000) FY'2016 Projected Revenues: $84,000 FY'2015 Projected Revenues: $76,000 FY'2014 Projected Revenues: $64,000 FY'2013 Projected Revenues: $87,000 FY'2012 Projected Revenues: $71,000 FY'2011 Projected Revenues: $71,000 FY'2010 Projected Revenues: $59,785 FY' 2018 Funds Requested $8,000 $30,000 $1,500 $24,533 $10,533 $18,995 $3,200 $8,463 $2,300 $5,070 $12,000 $124,594 Page 74 of 78 Funds Allocated FY' 2017 Funds Requested Funds Allocated $6,300 $9,500 $9,500 $2o,814 $24,000 $22,000 $1,314 $13,814 $17,100 $15,100 $5,913 $o $2,000 $13,814 $24,515 $16,000 $37014 $2,000 $1,620 $8,277 $11,432.61 $6,250 $2,113 $1,850 $1,850 $2,813 $7,o8o $5,o8o $12,000 $12,000 $12,000 $9o,186 $156,409 $99,000 Back to Agenda Page 75 of 78 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7D Approval of a Memorandum of Understanding Back to Agenda Meeting Date: Prepared by: with the Police Guild Representing Patrol Officers Relating to Vacation Leave Atty Routing No. Atty Review Date November 8, 2022 Debbie Lund HR Manager 366922-0008 — H R November 3, 2022 Summary: The Collective Bargaining Agreement (CBA) between the City and the Guild representing Patrol Officers was approved and signed by both parties in June 2022. As a result of the new CBA, the accrual process for vacation leave was changed. As part of the transition process from the old system of vacation accrual to the new system, some employees received large credits to their vacation leave balance. In addition, due to staffing shortages, some employees have found it difficult to schedule and take vacation leave. The current CBA contains language requiring these employees to take 5 consecutive days of vacation leave. The Patrol schedule routinely provides for 5 consecutive days off work, making the language less meaningful for this workgroup and difficult for both employees and supervisors to manage. Staff and the union have negotiated a proposed Memorandum of Understanding that provides for a one-time increase to the amount of vacation leave that can be carried into 2023 and removes reference to the 5 consecutive day vacation usage requirement. Recommendation: Staff recommends the City Council authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Patrol Officers providing for a one-time increase in the vacation carry over balance for calendar year 2023 and removing language relating to a 5 consecutive day use requirement in a form that is acceptable to the City Attorney. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Patrol Officers relating to vacation leave." Fiscal Impact: N/A Alternatives: Do not approve the proposed Memorandum of Understanding and provide alternative guidance. Attachments: The MOU under consideration tonight is draft until approved by Council and signed by the parties. The draft MOU has been sent to Council by the City Attorney under privilege. Page 76 of 78 Back to Agenda _ City of Port Orchard rear 216 Prospect Street, Port Orchard, WA 98366 n l f!=" !' pw _r (360) 876-4407 • FAX (360) 895-9029 1.�g - Agenda Staff Report Agenda Item No.: Business Item 7E Meeting Date: November 8, 2022 Subject: Approval of a Memorandum of Understanding Prepared by: Debbie Lund with the Police Guild Representing Sergeants HR Manager Relating to Vacation Leave Atty Routing No.: 366922-0008 — HR Atty Review Date: November 3, 2022 Summary: The Collective Bargaining Agreement (CBA) between the City and the Guild representing Sergeants was approved and signed by both parties in June 2022. As a result of the new CBA, the accrual process for vacation leave was changed. As part of the transition process from the old system of vacation accrual to the new system, some employees received large credits to their vacation leave balance. In addition, due to staffing shortages, some employees have found it difficult to schedule and take vacation leave. The current CBA contains language requiring these employees to take 5 consecutive days of vacation leave. The Sergeant's schedule routinely provides for 5 consecutive days off work, making the language less meaningful for this workgroup and difficult for both employees and supervisors to manage. Staff and the union have negotiated a proposed Memorandum of Understanding that provides for a one-time increase to the amount of vacation leave that can be carried into 2023 and removes reference to the 5 consecutive day vacation usage requirement. Recommendation: Staff recommends the City Council authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants providing for a one-time increase in the vacation carry over balance for calendar year 2023 and removing language relating to a 5 consecutive day use requirement in a form that is acceptable to the City Attorney. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Sergeants relating to vacation leave." Fiscal Impact: N/A Alternatives: Do not approve the proposed Memorandum of Understanding and provide alternative guidance. Attachments: The MOU under consideration tonight is draft until approved by Council and signed by the parties. The draft MOU has been sent to Council by the City Attorney under privilege. Page 77 of 78 z Z r U)I m r z m m cn X Cn O D _ Z m O 0 � W 1O00 DD O O N (D , o a � o / / v o / � v o v v z r m r z z c�+ m cn m 0 0 ZE D Z N O pp O U1 O - N CD O N (A (A now— pmm II ♦♦�, ♦♦♦♦♦i, I / � i� . ���11111l1111111111���I��rr� - U) cn m m r r z z m m z w W W cn cl Cl' (A W m N O 0 � V "-3 71 i Page 78 of 78 0 5 10 20 30