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
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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. '
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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:
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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.
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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
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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
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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
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�_. 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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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